Alexander v. Whaley et al
| Alexander and J. Lester Alexander, III |
| Whaley, Kennon W. Whaley, Eric Lambert, MSSES Holdings, LLC and The Mill Steel Company |
| 2:2016cv00921 |
| November 28, 2016 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Jefferson |
| W Harold Albritton |
| Charles S Coody |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2017. A more recent docket listing may be available from PACER.
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Filing 20
MEMORANDUM OPINION AND ORDER: For reasons discussed, the court concludes that it lacked subject matter jurisdiction at the time of removal because there was no fraudulent misjoinder of the nondiverse Defendant, and even if there is related to jurisdiction, mandatory abstention is required. Accordingly, because the Eleventh Circuit favors remand where federal jurisdiction is not absolutely clear, it is hereby ORDERED that the Motion to Remand (Doc. #10 ) is GRANTED. It is further ORDERED that Defendants' Motion for a Directed Reference to the United States Bankruptcy Court for the Middle District of Alabama, (Doc. #5 ), which was previously held in abeyance until resolution of this Motion to Remand, is DENIED as moot. All other pending motions are left for disposition by the state court. The Clerk is DIRECTED to take the necessary steps to remand this case to the Circuit Court of Montgomery, Alabama. Signed by Honorable Judge W. Harold Albritton, III on 2/21/2017. (kh, )
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Filing 19
REPLY BRIEF re #16 MOTION to Remand , #18 Response in Opposition to Motion, in Further Support of Trustee's Motion to Remand filed by J. Lester Alexander, III. (Attachments: #1 Exhibit A-Declaration)(Barriere, Brent)
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Filing 18
RESPONSE in Opposition re #16 MOTION to Remand Response to Order to Show Cause and Opposition to the Trustee's Motion to Remand filed by Eric Lambert, MSSES Holdings, LLC, The Mill Steel Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Dolive, Devin)
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Filing 17
ORDERED that the Defendants shall show cause, if any there be, on or before January 9, 2017, why the #16 motion should not be granted. The Plaintiff shall have until January 17, 2017, to file any response they may wish to file. The motion will be taken under submission on that day for determination without oral argument. Signed by Honorable Judge W. Harold Albritton, III on 12/23/2016. (kh, )
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Filing 16
MOTION to Remand by J. Lester Alexander, III. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barriere, Brent)
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Filing 15
ORDER: Upon consideration of the Motions to Admit Pro Hac Vice (Doc. #13 , #14 ), filed on behalf of D. Skylar Rosenbloom and Brent B. Barriere on December 14, 2016, and it appearing that they are each a member in good standing of the United States District Court for the Eastern District of Louisiana, it is ORDERED that the motions be and the same are hereby GRANTED. Signed by Honorable Judge W. Harold Albritton, III on 12/19/2016. (kh, )
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Filing 14
Motion (with Certificate of Good Standing) for Brent Bennett Barriere to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602043454.) by J. Lester Alexander, III. (Attachments: #1 Pro Hac Vice Filing Fee Receipt)(dmn, )
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Filing 13
Motion (with Certificate of Good Standing) for Degan Skylar Rosenbloom to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602043454.) by J. Lester Alexander, III. (Attachments: #1 Pro Hac Vice Filing Fee Receipt)(dmn, )
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Filing 12
Corporate/Conflict Disclosure Statement by The Mill Steel Company re #4 Corporate/Conflict Disclosure Statement. (Dolive, Devin)
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Filing 11
Corporate/Conflict Disclosure Statement by MSSES Holdings, LLC re #3 Corporate/Conflict Disclosure Statement. (Dolive, Devin)
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Filing 10
ANSWER to Complaint by MSSES Holdings, LLC, The Mill Steel Company.(Dolive, Devin)
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Filing 9
MOTION to Dismiss for Insufficient Service of Process under Fed. R. Civ. P. 12(b)(5) by Eric Lambert. (Dolive, Devin)
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Filing 8
ORDER granting #7 Motion to Stay to the extent that the Defendants' Motion for a Directed Reference to the United States Bankruptcy Court for the Middle District of Alabama, (Doc. #5 ) will be held in abeyance until resolution of any timely-filed motion to remand. Signed by Honorable Judge W. Harold Albritton, III on 12/2/2016. (kh, )
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Filing 7
MOTION to Stay re #5 MOTION for Order Defendants' Motion for a Directed Reference to the United States Bankruptcy Court for the Middle District of Alabama by J. Lester Alexander, III. (Pratt, James)
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Filing 6
ORDERED that the Plaintiff shall show cause, if any there be, on or before December 9, 2016, why the #5 motion should not be granted. The motion will be taken under submission on that day for determination without oral argument. Signed by Honorable Judge W. Harold Albritton, III on 12/2/2016. (kh, )
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Filing 5
MOTION for Order Defendants' Motion for a Directed Reference to the United States Bankruptcy Court for the Middle District of Alabama by MSSES Holdings, LLC, The Mill Steel Company. (Dolive, Devin)
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DEMAND for Trial by Jury by J. Lester Alexander, III. (no pdf document attached to this entry - see docket entry #1 for pdf)(kh, )
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Filing 4
Corporate/Conflict Disclosure Statement by The Mill Steel Company. (kh, )
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Filing 3
Corporate/Conflict Disclosure Statement by MSSES Holdings, LLC. (kh, )
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Filing 2
Corporate/Conflict Disclosure Statement by Eric Lambert. (kh, )
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Filing 1
NOTICE OF REMOVAL by Eric Lambert, MSSES Holdings, LLC, The Mill Steel Company from Circuit Court of Montgomery County, case number CV-2016-901443.00. ( Filing fee $ 400.00 receipt number 4602043264) (Attachments: #1 State Court Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Filing Fee Receipt)(kh, )
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COMPLAINT against Eric Lambert, MSSES Holdings, LLC, The Mill Steel Company, Kennon W. Whaley, filed by J. Lester Alexander, III.(no pdf document attached to this entry - see docket entry #1 for pdf)(kh, )
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