Marshall v. Cooper Tire & Rubber Company, LLC et al
Plaintiff: Tony Marshall
Defendant: Cooper Tire & Rubber Company, LLC and Jernigan Auto Sales & Salvage, Inc.
Case Number: 2:2020cv00186
Filed: March 16, 2020
Court: US District Court for the Middle District of Alabama
Presiding Judge: Jerusha T Adams
Referring Judge: R Austin Huffaker
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2020 Filing 18 RESPONSE to Motion re #15 MOTION to Strike #8 MOTION to Remand to State Court and Brief in Support and Objections to or, Alternatively, filed by Tony Marshall. (Wilson, Frank)
May 8, 2020 Filing 17 REPLY to Response to Motion re #8 MOTION to Remand to State Court and Brief in Support filed by Tony Marshall. (Wilson, Frank)
May 1, 2020 Filing 16 Joint MOTION to Stay re #6 Rule 26(f) Order by Tony Marshall, Cooper Tire & Rubber Company, LLC. (Wilson, Frank) Modified on 5/4/2020 to add Dft Cooper Tire as a filer and to clarify the docket text (wcl, ).
April 30, 2020 Objections to Affidavits of Tony Marshall and Christina D. Crow re #8 MOTION to Remand to State Court and Brief in Support filed by Cooper Tire & Rubber Company, LLC. (No pdf attached to this entry - See doc #15 for pdf) (wcl, )
April 30, 2020 RESPONSE TO ORDER TO SHOW CAUSE by Cooper Tire & Rubber Company, LLC re #9 Order to Show Cause. (No pdf attached to this entry - See doc #14 for pdf) (wcl, )
April 30, 2020 Filing 15 MOTION to Strike #8 MOTION to Remand to State Court and Brief in Support and Objections to or, Alternatively, by Cooper Tire & Rubber Company, LLC. (Attachments: #1 Exhibit A - Marshall Affidavit, #2 Exhibit B - Plaintiff's Discovery Responses, #3 Exhibit C- Crow Affidavit)(Goodman, John)
April 30, 2020 Filing 14 RESPONSE in Opposition re #8 MOTION to Remand to State Court and Brief in Support filed by Cooper Tire & Rubber Company, LLC. (Attachments: #1 Exhibit A - 2017-06-06 McGowan Letter, #2 Exhibit B- Complaint, #3 Exhibit C - Declaration of CooperTire & Rubber, #4 Exhibit D- Letters to Depose Jernigan, #5 Exhibit E- Notice of Intent to Serve Subpoena, #6 Exhibit F- Letters to Harris Tire)(Goodman, John)
April 22, 2020 Opinion or Order Filing 13 ORDER: This matter has been reassigned to the undersigned. Nonetheless, it is ORDERED that the parties shall comply with the previous #9 briefing order entered on 4/16/2020 concerning the Plf's #8 Motion to Remand. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/22/2020. (wcl, )
April 22, 2020 Filing 12 NOTICE of CLERICAL ERROR re Docket Annotation: Email from ALND which is hereby STRICKEN as a Clerical Error; the annotation was entered in the wrong civil action. (wcl, )
April 22, 2020 Filing 11 Case Reassigned to Honorable Judge R. Austin Huffaker, Jr. as presiding judge; Honorable Judge Myron H. Thompson no longer assigned to the case. (wcl, )
April 22, 2020 (STRICKEN AS A CLERICAL ERROR - ENTERED IN WRONG CIVIL ACTION) Received Email from ALND regarding receipt of e-transfer case; ALND case number assigned as 2:20cv547. (No pdf attached to this entry)(wcl, ) Modified on 4/22/2020 (wcl, ).
April 17, 2020 Filing 10 Case Reassigned to Honorable Judge Myron H. Thompson as presiding judge and Honorable Judge Jerusha T. Adams as referral judge; Honorable Judge Jerusha T. Adams no longer assigned to the case as presiding judge. (wcl, )
April 17, 2020 Motions No Longer Referred to US Magistrate Judge Adams: #8 MOTION to Remand to State Court and Brief in Support. (No pdf attached to this entry) (wcl, )
April 16, 2020 Opinion or Order Filing 9 ORDER TO SHOW CAUSE by the Dfts in writing as to why #8 Motion to Remand should not be granted; Show Cause Response due by 4/30/2020; plf shall file a reply by 5/8/2020. Signed by Honorable Judge Jerusha T. Adams on 4/16/2020. (djy, ) Modified on 4/16/2020 to clarify the docket text to include "by the Dfts" (wcl, ).
April 15, 2020 BRIEF/MEMORANDUM in Support re #8 MOTION to Remand to State Court filed by Tony Marshall. (No pdf attached to this entry - See doc #8 for pdf) (wcl, )
April 15, 2020 Filing 8 MOTION to Remand to State Court and Brief in Support/i> by Tony Marshall. (Attachments: #1 Exhibit A_Case Action Summary Sheet, #2 Exhibit B_Notice of 30(b)(6) Deposition of Jernigan Auto, #3 Exhibit C_Notice of Taking Deposition of Joe Jernigan, #4 Exhibit D_Affidavit of Tony Marshall, #5 Exhibit E_Affidavit of Christina Crow)(Wilson, Frank) Modified on 4/16/2020 to clarify the docket text (wcl, ).
April 13, 2020 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Tony Marshall re #5 Order to Show Cause. (Attachments: #1 Exhibit A - Return on Service to Jernigan Auto, #2 Exhibit B - Plaintiff's Notice of 30(b)(6) of Jernigan Auto, #3 Exhibit C - Plaintiff's Notice of Depo of Joe Jernigan)(Wilson, Frank) Modified on 4/13/2020 (wcl, ).
March 30, 2020 Opinion or Order Filing 6 RULE 26(f) ORDER; it is ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 5/4/2020; counsel for the parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 4/20/2020, as further set out in order; Do NOT electronically file the consent form nor reassignment form into the record. Signed by Honorable Judge Jerusha T. Adams on 3/30/2020. (wcl, )
March 30, 2020 Opinion or Order Filing 5 ORDER TO SHOW CAUSE by the Plf as to why the claims against Dft Jernigan Auto Sales & Salvage, Inc., should not be dismissed for want of prosecution or file a status report indicating that the dft has been properly served with process or that the dft waived service of process; Show Cause Response due by 4/13/2020. Signed by Honorable Judge Jerusha T. Adams on 3/30/2020. (wcl, )
March 26, 2020 Filing 4 Corporate/Conflict Disclosure Statement by Tony Marshall. (Crow, Christina)
March 26, 2020 Filing 3 Corporate/Conflict Disclosure Statement by Cooper Tire & Rubber Company, LLC. (Warburton, Reed)
March 26, 2020 Filing 2 NOTICE of Assignment to Magistrate Judge sent to counsel for Cooper Tire & Rubber Company, LLC, Tony Marshall (kh, )
March 16, 2020 Filing 1 NOTICE OF REMOVAL by Cooper Tire & Rubber Company, LLC from Circuit Court of Bullock County, Alabama, case number 04-CV-2018-900293.00. ( Filing fee $ 400.00 receipt number 4602057330) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H - Notice of Filing Notice of Removal, #9 Civil Cover Sheet, #10 Filing Fee Receipt)(kh, ) (Additional attachment(s) added on 3/25/2020: #11 Defendant Cooper Tire & Rubber Company Answer to Complaint, #12 Defendant Cooper Tire & Rubber Company Amended Answer to Complaint) (kh, ).
March 16, 2020 COMPLAINT against Cooper Tire & Rubber Company, LLC, Jernigan Auto Sales & Salvage, Inc., filed by Tony Marshall.(no pdf document attached to this entry - see document #1 for pdf)(kh, )
March 16, 2020 DEMAND for Trial by Jury by Tony Marshall. (no pdf document attached to this entry - see document #1 for pdf)(kh, )
March 16, 2020 AMENDED ANSWER to Complaint by Cooper Tire & Rubber Company, LLC.(no pdf document attached to this entry - see document #1 for pdf)(kh, )
March 16, 2020 Notice of Filing Notice of Removal by Cooper Tire & Rubber Company, LLC (no pdf document attached to this entry - see document #1 for pdf)(kh, )
March 16, 2020 ANSWER to Complaint by Cooper Tire & Rubber Company, LLC.(no pdf document attached to this entry - see document #1 for pdf)(kh, )

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Plaintiff: Tony Marshall
Represented By: Walter Edgar McGowan
Represented By: Christina Diane Crow
Represented By: Frank Moseley Wilson
Represented By: Lynn Wilson Jinks, III
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Defendant: Cooper Tire & Rubber Company, LLC
Represented By: Gerald Carl Swann, Jr.
Represented By: Reed Thomas Warburton
Represented By: Holbrook Emfinger Reid
Represented By: Justin Toby McDonald
Represented By: John Mark Goodman
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Defendant: Jernigan Auto Sales & Salvage, Inc.
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