Harris v. Hansen & Adkins, Inc. et al (LEAD)
| Candice L. Gulley, Tommy Gulley, Donald A. Burdette, Randall Norman, Brenda Norman, Stuart Albea and Jason Riggs |
| Hansen & Adkins Auto Transport, Inc., Asmat Investment, LLC doing business as Asmat Express, Mamuye Ayane Takelu, Hansen & Adkins Auto Logistics, Inc, Royal Truck Leasing LLC, Harbor Auto Transport, Inc., Hansen & Adkins, Inc. and James B. Woodfork |
| Kimberly Harris, Malana Whited, Hayle Morgan, Roma Fox, Brandy Lee Dunnavant, Katelin Whited and James Whited |
| Amguard Insurance Company and Geico Casualty Company |
| 2:2021cv00524 |
| August 6, 2021 |
| U.S. District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Emily C Marks |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
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Filing 128
ORDER: it is ORDERED as follows: 1) The Plaintiff's motion to remand (doc. #122 ) is GRANTED; 2) Defendant Hansen & Adkins Auto Transport, Inc.'s motion to dismiss the Plaintiff's First Amended Complaint (doc. #88 ) is DENIED as moot in light of the filing of the Second Amended Complaint (doc. #125 ); 3) This case is REMANDED to the Circuit Court of Butler County, Alabama; 4) The Clerk of the Court is DIRECTED to take all steps necessary to effectuate remand to the Circuit Court of Butler County, Alabama; 5) Because this case, Harris v. Asmat Investment, LLC et al., 2:21-cv-602-ECM, was and remains consolidated with Gulley et al. v. Hansen & Adkins Auto Transport, Inc. et al., 2:21-cv-524-ECM, the Clerk of the Court is DIRECTED to provide the Circuit Court of Butler County courtesy copies of the non-public docket sheets for both 2:21-cv-524-ECM and 2:21-cv-602-ECM; 6) Counsel is DIRECTED to provide the Circuit Court of Butler County with the record for both 2:21-cv-524-ECM and 2:21-cv-602-ECM. Signed by Chief Judge Emily C. Marks on 5/2/2022. (certified copy of this order & non-public docket sheets for 2:21-cv-524-ECM and 2:21-cv-602-ECM mailed to Circuit Court of Butler County as directed) (cwl, )
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Filing 127
ORDER: it is ORDERED that the Defendants' motion (doc. #126 ) is DENIED. Signed by Chief Judge Emily C. Marks on 5/2/2022. (cwl, )
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| Filing 126 MOTION to Alter or Amend Order Granting Plaintiff's Motion to Dismiss re #115 Order by Asmat Investment, LLC, Mamuye Ayane Takelu. (Attachments: #1 Exhibit A - Affidavit of Jannea S. Rogers)(Rogers, Jannea) Modified on 4/29/2022 to clarify the docket text (amf, ). (Additional attachment(s) added on 4/29/2022: #2 Corrected Certificate of Service) (amf, ). |
| Filing 125 SECOND AMENDED COMPLAINT with Jury Demand against Hansen & Adkins Auto Transport, Inc., Royal Truck Leasing LLC, Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins, Inc., James B. Woodfork, Asmat Investment, LLC, Mamuye Ayane Takelu, filed by Kimberly Harris.(Stewart, James) Modified on 4/29/2022 to remove as filed against "all defendants" and to list them individually (amf, ). |
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Filing 124
ORDER: it is ORDERED as follows: 1) The Plaintiff's motion (doc. #121 ) is GRANTED to the extent that the Plaintiff is granted leave to file a second amended complaint, but the Plaintiff is admonished to correct the pleading deficiencies identified in this Order in her second amended complaint; 2) On or before 4/29/2022, the Plaintiff shall file, as a separate docket entry, a second amended complaint which is complete unto itself and complies with this Order; 3) The Plaintiff's motion (doc. #93 ) is DENIED as moot; 4) The motions to dismiss filed by Defendant Hansen & Adkins, Inc., (doc. #106 ), Defendant Royal Truck Leasing, LLC, (doc. #107 ), and Defendant Hansen & Adkins Auto Logistics, Inc., (doc. #108 ), are DENIED as moot. Signed by Chief Judge Emily C. Marks on 4/26/2022. (cwl, )
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| Filing 123 RESPONSE TO ORDER TO SHOW CAUSE re #120 Order to Show Cause,,,,, and Plaintiff's Opposition to Defs' Mtn to Dismiss filed by Kimberly Harris. (Stewart, James) |
| Filing 122 MOTION to Remand to State Court by Kimberly Harris. (Stewart, James) |
| Filing 121 Motion to Withdraw her Supplement Exhibit to Motion for leave (doc #105 & Supplement to Plf's Motion for Leave to Recast a Corrected First Amended Complaint or Alternatively MOTION for Leave to File a Second Amended Complaint by Kimberly Harris. (Stewart, James). Added MOTION to Withdraw on 4/26/2022 (cwl, ). Modified on 4/26/2022 to clean up text & to clarify that Exhibit A is contained within the main PDF (cwl, ). |
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Filing 120
ORDER: it is ORDERED as follows: 1) On or before 4/25/2022, the Plaintiff shall show cause why the motions (docs. #106 , #107 , & #108 ) should not be granted, as further set out in order; 2) On or before 5/2/2022, the Defendants may file replies to the Plaintiff's responses; 3) The portion of the Court's 12/3/2021 Order requiring that "[e]very document filed in this consolidated matter must include the case numbers of the lead case, Gulley et al. v. Hansen & Adkins Auto Transport, Inc., et al., 2:21- cv- 524-ECM, and the case numbers of the member cases identified in this paragraph, [Dunnavant v. Hansen & Adkins Auto Transport, Inc., et al., 2:21-cv-530-ECM; Harris v. Asmat Investment, LLC et al., 2:21-cv-602-ECM; and Morgan et al. v. Hansen & Adkins Auto Transport, Inc., et al., 2:21-cv-652-ECM]," (doc. #51 at 3, para. 4), is VACATED; 4) Hereafter, every document filed in this matter must include the case numbers of the lead case, Gulley et al. v. Hansen & Adkins Auto Transport, Inc., et al., 2:21-cv-524-ECM, and the remaining member case, Harris v. Asmat Investment, LLC et al., 2:21-cv-602-ECM; 5) The Clerk of the Court is DIRECTED to correct the docket accordingly. Signed by Chief Judge Emily C. Marks on 4/11/2022. (cwl, )
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| Filing 119 Corporate/Conflict Disclosure Statement by Hansen & Adkins, Inc. re #101 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Lewis, Richard) (Additional attachment(s) added on 4/11/2022: #1 Corrected Certificate of Service) (cwl, ). |
| Filing 118 Corporate/Conflict Disclosure Statement by Hansen & Adkins Auto Logistics, Inc re #101 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Lewis, Richard) (Additional attachment(s) added on 4/11/2022: #1 Corrected Certificate of Service) (cwl, ). |
| Filing 117 Corporate/Conflict Disclosure Statement re #101 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement, by Royal Truck Leasing LLC. (Lewis, Richard) Modified on 4/11/2022 to add link (cwl, ). (Additional attachment(s) added on 4/11/2022: #1 Corrected Certificate of Service) (cwl, ). |
| Filing 116 REPLY to Response to Motion re #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff Kimberly Harris' First Amended Complaint, Doc. 66) Doc. 94 and Doc. 103 filed by Hansen & Adkins Auto Transport, Inc.. (Lewis, Richard) (Additional attachment(s) added on 4/11/2022: #1 Corrected Certificate of Service) (cwl, ). |
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Filing 115
ORDER: it is hereby ORDERED as follows: 1) The motions to dismiss (docs. #112 , #113 , and & #114 ) are GRANTED; 2) The pending motions associated with the Gulley, Dunnavant, and Morgan cases (docs. #82 , #86 , #87 , #95 , #96 , #97 , #98 , #99 , #100 , #109 , #110 & #111 ) are DENIED as moot, and all pending deadlines associated with these cases are TERMINATED. Signed by Chief Judge Emily C. Marks on 4/8/2022. (cwl, )
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| Filing 114 MOTION to Dismiss THE MORGAN PLAINTIFFS MOTION FOR ORDER DISMISSING CASE WITHOUT PREJUDICE AND MEMORANDUM OF LAW by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Cole, Kenneth) |
| Filing 113 MOTION to Dismiss for Order Dismissing Case without Prejudice and Memorandum of Law by Brandy Lee Dunnavant. (Smalley, Jack) (Additional attachment(s) added on 4/7/2022: #1 Corrected Certificate of Service) (cwl, ). |
| Filing 112 MOTION to Dismiss for Order Dismissing Case without Prejudice and Memorandum of Law by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Allen, John) |
| MEMORANDUM of Law in Support re #113 MOTION to Dismiss for Order Dismissing Case without Prejudice and Memorandum of Law filed by Brandy Lee Dunnavant. (NO pdf attached to this entry - see doc #113 for pdf) (cwl, ) |
| MEMORANDUM of Law in Support re #112 MOTION to Dismiss for Order Dismissing Case without Prejudice and Memorandum of Law filed by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (No pdf attached to this entry - see doc #112 for pdf) (cwl, ) |
| MEMORANDUM of Law in Support re #114 MOTION to Dismiss THE MORGAN PLAINTIFFS MOTION FOR ORDER DISMISSING CASE WITHOUT PREJUDICE AND MEMORANDUM OF LAW filed by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (No pdf attached to this entry - see doc #114 for pdf) (cwl, ) |
| Filing 111 MOTION to Dismiss the Gulley Plaintiffs' First Amended Complaint, or Alternatively, MOTION for More Definite Statement by Royal Truck Leasing LLC. (Lewis, Richard) |
| Filing 110 MOTION to Dismiss the Gulley Plaintiffs' First Amended Complaint, or Alternatively, MOTION for More Definite Statement by Hansen & Adkins Auto Logistics, Inc. (Lewis, Richard) |
| Filing 109 MOTION to Dismiss the Gulley Plaintiffs' First Amended Complaint, or Alternatively, MOTION for More Definite Statement by Hansen & Adkins, Inc.. (Lewis, Richard) |
| Filing 108 MOTION to Dismiss Harris' First Amended Complaint, or Alternatively, MOTION for More Definite Statement by Hansen & Adkins Auto Logistics, Inc. (Lewis, Richard) |
| Filing 107 MOTION to Dismiss Harris' First Amended Complaint, or Alternatively, MOTION for More Definite Statement by Royal Truck Leasing LLC. (Lewis, Richard) |
| Filing 106 MOTION to Dismiss Harris' First Amended Complaint, or Alternatively, MOTION for More Definite Statement by Hansen & Adkins, Inc.. (Lewis, Richard) |
| SUPPLEMENT EXHIBIT by Kimberly Harris re #93 MOTION for Leave to Recast a Corrected First Amended Complaint, or Alternatively, MOTION to File a Second Amended Complaint. (No PDF attached to this entry - See doc #105 for PDF)(amf, ) |
| Filing 105 (Supplement Exhibit re #93 MOTION for Leave to Recast a Corrected First Amended Complaint, or Alternatively, File a Second Amended Complaint) MOTION to Amend/Correct re #93 MOTION for Leave to Recast a Corrected First Amended Complaint, or Alternatively, File a Second Amended Complaint by Kimberly Harris. (Attachments: #1 Exhibit)(Stewart, James) Modified on 4/6/2022 to clarify the docket text (amf, ). |
| Filing 104 RESPONSE to Motion re #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Morgan Plaintiffs' First Amended Complaint, Doc 62) MOTION for More Definite Statement THE MORGAN PLAINTIFFS SUPPLEMENT TO PLAINTIFFS JOINT OPPOSITION TO HANSEN & ADKINS AUTO TRANSPORT, INC.S MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINTS, OR ALTERNATIVELY, FOR MORE DEFINITE STATEMENT filed by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Cole, Kenneth) |
| Filing 103 RESPONSE in Opposition re #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Gulley Plaintiffs' First Amended Complaint, Doc. 58) MOTION for More Definite Statement , #87 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Brandy Lee Dunnavant's Second Amended Complaint, Doc. 67) MOTION for More Definite Statement , #88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff Kimberly Harris' First Amended Complaint, Doc. 66), #86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Morgan Plaintiffs' First Amended Complaint, Doc 62) MOTION for More Definite Statement (Plaintiffs' Joint Opposition) filed by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs, Kimberly Harris, Hayle Morgan, Roma Fox, James Whited, Katelin Whited, Malana Whited, Brandy Lee Dunnavant. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Allen, John) Modified on 4/1/2022 to add joint filers (cwl, ). |
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Filing 102
ORDER: it is hereby ORDERED that, on or before 4/5/2022, Plaintiff Kimberly Harris shall file a proposed amended complaint which is complete unto itself in accordance with this Court's Local Rules. Signed by Chief Judge Emily C. Marks on 4/1/2022. (cwl, )
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| Filing 101 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Royal Truck Leasing LLC, Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins, Inc. Corporate Disclosures due by 4/11/2022. (Attachments: #1 Conflict Statement Standing Order & Sample Format)(cwl, ) |
| ***PURSUANT TO THE #98 , #99 & #100 MOTIONS - Attorney Joseph Edward Bishop Stewart, Brandi Branton Frederick, William Eugene Pipkin, Jr for Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins, Inc., for Royal Truck Leasing LLC added. (NO pdf attached to this entry) (cwl, ) |
| Filing 100 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively, MOTION for More Definite Statement re Brandy Lee Dunnavant's Second Amended Complaint (Doc. #67 ), by Hansen & Adkins, Inc.. (Lewis, Richard). Added Alternative MOTION for More Definite Statement on 4/1/2022 (cwl, ). Modified on 4/1/2022 to clean up text (cwl, ). |
| Filing 99 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively, MOTION for More Definite Statement re Brandy Lee Dunnavant's Second Amended Complaint (Doc. #67 ), by Royal Truck Leasing LLC. (Lewis, Richard). Added Alternative MOTION for More Definite Statement on 4/1/2022 (cwl, ). Modified on 4/1/2022 to clean up text (cwl, ). |
| Filing 98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Alternatively, MOTION for More Definite Statement re Brandy Lee Dunnavant's Second Amended Complaint (Doc. #67 ), by Hansen & Adkins Auto Logistics, Inc. (Lewis, Richard). Added alternative MOTION for More Definite Statement on 4/1/2022 (cwl, ). Modified on 4/1/2022 to clean up text (cwl, ). |
| Filing 97 MOTION to Dismiss the Morgan PLFs' #62 First Amended Complaint, or Alternatively MOTION for More Definite Statement by Royal Truck Leasing LLC. (Lewis, Richard). Added MOTION for More Definite Statement on 3/31/2022 and clarified the docket text (bes, ). |
| Filing 96 MOTION to Dismiss the Morgan PLFs' #62 First Amended Complaint, or Alternatively MOTION for More Definite Statement by Hansen & Adkins Auto Logistics, Inc. (Lewis, Richard). Added MOTION for More Definite Statement on 3/31/2022 and clarified the docket text (bes, ). |
| Filing 95 MOTION to Dismiss the Morgan PLFs' #62 First AMended Complaint, or Alternatively MOTION for More Definite Statement by Hansen & Adkins, Inc.. (Lewis, Richard). Added MOTION for More Definite Statement on 3/31/2022 and clarified the docket text (bes, ). |
| Filing 94 Response to Order Plaintiff Kimberly Harris', RESPONSE TO ORDER TO SHOW CAUSE filed by Kimberly Harris. (Stewart, James) |
| Filing 93 MOTION for Leave to Recast a Corrected First Amended Complaint, or Alternatively, MOTION to File a Second Amended Complaint by Kimberly Harris. (Stewart, James). Added MOTION for Leave to File a Second Amended Complaint on 4/6/2022 (amf, ). Modified on 4/6/2022 to clarify the docket text (amf, ). |
| Filing 92 Return Receipt Cards showing service of the #1 Complaint and #58 Amended Complaint signed by Rashad D. for Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins, Inc., Royal Truck Leasing LLC, served on 3/17/2022 (per USPS website). (bes, ) |
| Filing 91 Return Receipt Cards showing service of #66 Amended Complaint & #72 Summons signed by L.S. for Hansen & Adkins Auto Logistics, Inc served on 3/17/2022, answer due 4/7/2022; Hansen & Adkins, Inc. served on 3/16/2022, answer due 4/6/2022; Royal Truck Leasing LLC served on 3/17/2022, answer due 4/7/2022. (cwl, ) |
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Filing 90
ORDER: it is hereby ORDERED as follows: 1) On or before 4/1/2022, the Gulley Plaintiffs shall show cause why the motion to dismiss their first amended complaint (doc. #82 ) should not be granted; 2) On or before 4/1/2022, the Morgan Plaintiffs shall show cause why the motion to dismiss their first amended complaint (doc. #86 ) should not be granted; 3. On or before 4/1/2022, Plaintiff Brandy Lee Dunnavant shall show cause why the motion to dismiss her second amended complaint (doc. #87 ) should not be granted; 4) On or before 4/1/2022, Plaintiff Kimberly Harris shall show cause why the motion to dismiss her first amended complaint (doc. #88 ) should not be granted; 5) HAAT may file replies to the Plaintiffs' responses on or before 4/8/2022. Signed by Chief Judge Emily C. Marks on 3/18/2022. (cwl, )
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| Filing 89 Return Receipt Cards showing service of #67 Second Amended Complaint & #70 Summons signed by Paul Sisofo for Hansen & Adkins Auto Logistics, Inc, Royal Truck Leasing LLC, Hansen & Adkins, Inc., served on 3/11/2022 per USPS Website, answer due 4/1/2022. (cwl, ) |
| Filing 88 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #66 First Amended Complaint by Hansen & Adkins Auto Transport, Inc. (Lewis, Richard) Modified on 3/17/2022 to add link (cwl, ). |
| Filing 87 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative, MOTION for More Definite Statement re #67 Amended Complaint by Hansen & Adkins Auto Transport, Inc. (Lewis, Richard) Modified on 3/17/2022 to add link & clean up text (cwl, ). |
| Filing 86 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative, MOTION for More Definite Statement re #62 First Amended Complaint by Hansen & Adkins Auto Transport, Inc. (Lewis, Richard) Modified on 3/16/2022 to add link & clean up text (cwl, ). |
| Filing 85 ANSWER to #67 Amended Complaint WITH JURY DEMAND, by Amguard Insurance Company.(Duncan, Joseph) Modified on 3/16/2022 to add jury demand text (cwl, ). (Additional attachment(s) added on 3/16/2022: #1 Corrected Certificate of Service) (cwl, ). |
| Filing 84 GEICO Casualty Company's ANSWER to #67 Amended Complaint WITH JURY DEMAND, by Geico Casualty Company.(Dowdy, Kenneth) Modified on 3/16/2022 to add jury demand text (cwl, ). |
| Filing 83 Return Receipt Card showing service of #62 First Amended Complaint & #69 Summons signed by L. S. for Royal Truck Leasing LLC served on 3/11/2022, answer due 4/1/2022. (cwl, ) |
| Filing 82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Gulley Plaintiffs' First Amended Complaint), MOTION for More Definite Statement re #58 Amended Complaint by Hansen & Adkins Auto Transport, Inc. (Lewis, Richard) Modified on 3/14/2022 to add link (cwl, ). |
| Filing 81 ANSWER to #66 Amended Complaint, by Mamuye Ayane Takelu.(Rogers, Jannea) |
| Filing 80 ANSWER to #66 Amended Complaint, by Asmat Investment, LLC.(Rogers, Jannea) |
| Filing 79 ANSWER to #67 Amended Complaint, by Mamuye Ayane Takelu.(Rogers, Jannea) |
| Filing 78 ANSWER to #67 Amended Complaint, by Asmat Investment, LLC.(Rogers, Jannea) |
| Filing 77 ANSWER to #62 Amended Complaint by Mamuye Ayane Takelu.(Rogers, Jannea) |
| Filing 76 ANSWER to #62 Amended Complaint by Asmat Investment, LLC.(Rogers, Jannea) |
| Filing 75 ANSWER to #58 Amended Complaint, by Mamuye Ayane Takelu.(Rogers, Jannea) Modified on 3/14/2022 to add link (cwl, ). |
| Filing 74 ANSWER to #58 Amended Complaint, by Asmat Investment, LLC.(Rogers, Jannea) Modified on 3/14/2022 to add link (cwl, ). |
| Filing 73 Return Receipt Cards showing service of #62 First Amended Complaint & #69 Summons signed by L. S. for Hansen & Adkins Auto Logistics, Inc & Hansen & Adkins, Inc., served on 3/10/2022, answer due 3/31/2022. (cwl, ) |
| ***PURSUANT TO THE #82 MOTION - Attorney Brandi Branton Frederick for Hansen & Adkins Auto Transport, Inc. added. (No pdf attached to this entry) (cwl, ) |
| Filing 72 Summons Issued as to Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins, Inc., Royal Truck Leasing LLC.; mailed CMRRR with copy of #66 Amended Complaint. (cwl, ) |
| Filing 71 Summons Issued as to Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins, Inc., Royal Truck Leasing LLC., mailed CMRRR with copy of #1 Complaint & #58 Amended Complaint. (cwl, ) |
| Filing 70 Summons Issued as to Royal Truck Leasing LLC, Hansen & Adkins Auto Logistics, Inc., & Hansen & Adkins, Inc.; mailed by CMRRR with copy of #67 Second Amended Complaint. (amf, ) |
| Filing 69 Summons Issued as to Royal Truck Leasing LLC, Hansen & Adkins Auto Logistics, Inc., & Hansen & Adkins, Inc.; mailed by CMRRR with copy of #62 First Amended Complaint. (amf, ) |
| Filing 68 DEMAND for Trial by Jury by Stuart Albea, Donald A. Burdette, Brandy Lee Dunnavant, Roma Fox, Candice L. Gulley, Tommy Gulley, Kimberly Harris, Hayle Morgan, Brenda Norman, Randall Norman, Jason Riggs, James Whited, Katelin Whited, Malana Whited. (Smalley, Jack) |
| Filing 67 AMENDED COMPLAINT Second Amended Complaint against Amguard Insurance Company, Asmat Investment, LLC, Geico Casualty Company, Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins Auto Transport, Inc., Hansen & Adkins, Inc., Royal Truck Leasing LLC, Mamuye Ayane Takelu, filed by Brandy Lee Dunnavant.(Smalley, Jack) |
| Filing 66 AMENDED COMPLAINT WITH JURY DEMAND against Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins, Inc., Royal Truck Leasing LLC, Mamuye Ayane Takelu, filed by Kimberly Harris.(Stewart, James) Modified on 3/3/2022 to add jury demand (cwl, ). |
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Filing 65
ORDER: it is hereby ORDERED that the motions (docs. #63 & #64 ) are GRANTED. It is further ORDERED that on or before 3/7/2022, the Dunnavant Plaintiffs shall file their second amended complaint as a separate docket entry, and Plaintiff Kimberly Harris shall file her amended complaint as a separate docket entry. Signed by Chief Judge Emily C. Marks on 3/3/2022. (cwl, )
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| Filing 64 MOTION for Leave to File Amended Complaint by Kimberly Harris. (Attachments: #1 Exhibit Exhibit A)(Stewart, James) |
| Filing 63 MOTION for Leave to File Second Amended Complaint by Brandy Lee Dunnavant. (Attachments: #1 Exhibit A - Second Amended Complaint)(Smalley, Jack) |
| Filing 62 FIRST AMENDED COMPLAINT WITH JURY DEMAND against All Defendants, filed by Katelin Whited, James Whited, Roma Fox, Malana Whited, Hayle Morgan.(Cole, Kenneth) Modified on 3/3/2022 to clarify text & add jury demand (cwl, ). |
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Filing 61
ORDER: it is hereby ORDERED that the Plaintiffs' motion for leave to amend complaint (doc. #60 ) is GRANTED. It is further ORDERED that on or before 3/4/2022, the Plaintiffs shall file their first amended complaint as a separate docket entry. Signed by Chief Judge Emily C. Marks on 3/2/2022. (cwl, )
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| Filing 60 MOTION for Leave to File First Amended Complaint by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Cole, Kenneth) |
| Filing 59 NOTICE of Correction re #58 Amended Complaint, to attach the correct MAIN PDF document to pursuant to telephonic conversation with Counsel. (Attachments: #1 Correct Main doc entry #58 )(cwl, ) |
| Filing 58 AMENDED DOCUMENT by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. First Amended Complaint. (Allen, John) (Main Document 58 replaced on 2/28/2022 to attach the correct MAIN PDF document to pursuant to telephonic conversation with Counsel) (cwl, ). |
| AMENDED COMPLAINT against Asmat Investment, LLC, Hansen & Adkins Auto Transport, Inc., Mamuye Ayane Takelu, Royal Truck Leasing LLC, Hansen & Adkins Auto Logistics, Inc, Hansen & Adkins, Inc., filed by Donald A. Burdette, Brenda Norman, Stuart Albea, Candice L. Gulley, Randall Norman, Tommy Gulley, Jason Riggs. (NO pdf attached to this entry - see doc #58 for pdf as attorney docketed Amended Complaint using the incorrect event)(cwl, ) |
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Filing 57
ORDER: it is hereby ORDERED that the Plaintiffs' motion for leave to amend complaint (doc. #56 ) is GRANTED. It is further ORDERED that on or before 3/1/2022, the Plaintiffs shall file their first amended complaint as a separate docket entry. Signed by Chief Judge Emily C. Marks on 2/25/2022. (cwl, )
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| Filing 56 MOTION to Amend/Correct Complaint by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Attachments: #1 Exhibit A)(Allen, John) (Additional attachment(s) added on 2/25/2022: #2 Corrected Certificate of Service) (cwl, ). |
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Filing 55
ORDER: it is hereby ORDERED that the Plaintiffs' motion for leave to amend complaint (doc. #54 ) is DENIED WITHOUT PREJUDICE with leave to refile a motion and proposed amended complaint that sufficiently alleges Royal Truck's citizenship and complies with this Court's Order (doc. #51 ). Signed by Chief Judge Emily C. Marks on 2/14/2022. (cwl, )
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| Filing 54 MOTION to Amend/Correct Complaint by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Attachments: #1 Exhibit A)(Allen, John) (Additional attachment(s) added on 2/14/2022: #2 Corrected Certificate of Service) (cwl, ). |
| Filing 53 NOTICE of Appearance by James Alton Stewart on behalf of Kimberly Harris (Stewart, James) |
| Filing 52 NOTICE of Appearance by Aaron Gavin Mcleod on behalf of Asmat Investment, LLC, Mamuye Ayane Takelu (Mcleod, Aaron) |
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Filing 51
ORDER: it is hereby ORDERED as follows: 1) The joint motions to consolidate (docs. #49 , 51, 12, & 20) are GRANTED to the extent that the motions request that all four of the above-referenced cases be consolidated for discovery and the Gulley, Dunnavant, and Harris cases be consolidated for trial; 2) The joint motions to consolidate are DENIED without prejudice to the extent that the motions request that the Morgan case be consolidated with the Gulley, Dunnavant, and Harris cases for trial; 3) The earlier filed motions to consolidate (doc. #40 in Gulley, 2:21-cv-524-ECM; doc. 43 in Dunnavant, 2:21-cv-530-ECM; & doc. 11 in Harris, 2:21-cv-602- ECM) are DENIED as moot; 4) Until the Court directs otherwise, the parties shall file documents in the lead case, Gulley et al. v. Hansen & Adkins Auto Transport, Inc., et al., 2:21-cv- 524-ECM. This Court will not consider documents filed in the member cases Dunnavant v. Hansen & Adkins Auto Transport, Inc., et al., 2:21-cv-530-ECM; Harris v. Asmat Investment, LLC et al., 2:21-cv-602-ECM; and Morgan et al. v. Hansen & Adkins Auto Transport, Inc., et al., 2:21-cv-652-ECM. The Clerk is DIRECTED to return to the parties any documents submitted for filing in any of the member cases. Every document filed in this consolidated matter must include the case numbers of the lead case, Gulley et al. v. Hansen & Adkins Auto Transport, Inc., et al., 2:21-cv-524-ECM, and the case numbers of the member cases identified in this paragraph. Signed by Chief Judge Emily C. Marks on 12/3/2021. (cwl, ) Modified on 4/11/2022 PURSUANT TO THE #120 ORDER - The portion of the Courts December 3, 2021 Order requiring that "[e]very document filed in this consolidated matter must include the case numbers of the lead case is VACATED (cwl, ).
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| Filing 50 NOTICE of Correction re #49 Joint MOTION to Consolidate ALL MATTERS FOR DISCOVERY; PARTIALLY AGREED MOTION TO CONSOLIDATE FIRST THREE MATTERS FOR TRIAL, to attach the correct MAIN PDF document pursuant to telephonic communication with Counsel. (Attachments: #1 Correct Main doc entry #49 )(cwl, ) |
| BRIEF in Support re #49 Joint MOTION to Consolidate ALL MATTERS FOR DISCOVERY; PARTIALLY AGREED MOTION TO CONSOLIDATE FIRST THREE MATTERS FOR TRIAL filed by Stuart Albea, Asmat Investment, LLC, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Hansen & Adkins Auto Transport, Inc., Brenda Norman, Randall Norman, Jason Riggs, Mamuye Ayane Takelu. (No pdf attached to this entry - see doc #49 for pdf) (cwl, ) |
| Filing 49 Joint MOTION to Consolidate ALL MATTERS FOR DISCOVERY by Asmat Investment, LLC, Mamuye Ayane Takelu, Hansen & Adkins Auto Transport, Inc., Tommy Gulley, Donald A. Burdette, Brenda Norman, Stuart Albea, Candice L. Gulley, Randall Norman, Jason Riggs. (Rogers, Jannea) Modified on 11/18/2021 to add joint filers (cwl, ). Added PARTIALLY AGREED MOTION TO CONSOLIDATE FIRST THREE MATTERS FOR TRIAL on 11/18/2021 (cwl, ). (Main Document 49 replaced on 11/18/2021 to attach the correct MAIN PDF document pursuant to telephonic communication with Counsel ) (cwl, ). |
| Filing 48 REVISED REPORT of Rule 26(f) Planning Meeting. (Rogers, Jannea) Modified on 11/18/2021 to clarify text (cwl, ). |
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Filing 47
PROTECTIVE ORDER: it is ORDERED that the #44 Motion for Entry of HIPAA Protective Order is GRANTED, as further set out in order. Signed by Honorable Judge Jerusha T. Adams on 11/1/2021. (cwl, )
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| Filing 46 RESPONSE to Motion (Response to Order to Show Cause) re #44 MOTION for Protective Order Plaintiffs' Notice of Consent filed by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Allen, John) Modified on 11/1/2021 to clarify text (cwl, ). |
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Filing 45
TEXT ORDER: Before the court is the Motion for Entry of HIPAA Protective Order filed by the defendant, Hansen & Adkins Auto Transport, Inc. (Doc. No. #44 ) filed on October 28, 2021. Accordingly, it is ORDERED that on or before November 5, 2021, the plaintiffs shall show cause in writing as to why the defendants motion should not be granted. The defendant, Hansen & Adkins Auto Transport, Inc., shall file a reply on or before November 10, 2021. Signed by Honorable Judge Jerusha T. Adams on 10/29/2021. (No pdf attached to this entry) (cwl, )
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| Filing 44 MOTION for Protective Order by Hansen & Adkins Auto Transport, Inc.. (Attachments: #1 Text of Proposed Order)(Pipkin, William) |
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Filing 43
ORDER: it is ORDERED that on or before 11/17/2021, the parties shall file a status report, as further set out in order. Signed by Chief Judge Emily C. Marks on 10/28/2021. (cwl, )
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| Filing 42 Minute Entry for proceedings held before Chief Judge Emily C. Marks: Scheduling Conference held on 10/27/2021 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ws, ) |
| Filing 41 Supplemental REPORT of Rule 26(f) Planning Meeting ADDING ESI LANGUAGE. (Lewis, Richard) Modified on 10/25/2021 to clarify text (cwl, ). |
| BRIEF in Support re #40 MOTION to Consolidate Cases filed by Asmat Investment, LLC, Hansen & Adkins Auto Transport, Inc., Mamuye Ayane Takelu. (No pdf attached to this entry - see doc #40 for pdf) (cwl, ) |
| Filing 40 MOTION to Consolidate Cases by Asmat Investment, LLC, Mamuye Ayane Takelu, Hansen & Adkins Auto Transport, Inc. (Rogers, Jannea) Modified on 10/22/2021 to add joint filer (cwl, ). |
| Filing 39 NOTICE of Non-Compliance re #36 Notice of Service of Initial Disclosures, #37 Notice of Service of Plaintiffs' Initial Disclosure, #38 Notice of Service of Initial Disclosures, which are stricken pursuant to Local Rule 26.3 NON-FILING OF CIVIL DISCOVERY. (Attachments: #1 Local Rule 26.3 Excerpt)(cwl, ) |
| Filing 38 (STRICKEN pursuant to Local Rule 26.3 NON-FILING OF CIVIL DISCOVERY) NOTICE of Service of Initial Disclosures by Hansen & Adkins Auto Transport, Inc. (Pipkin, William) Modified on 10/21/2021 (cwl, ). |
| Filing 37 (STRICKEN pursuant to Local Rule 26.3 NON-FILING OF CIVIL DISCOVERY) NOTICE of Service of Plaintiffs' Initial Disclosure by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs (Allen, John) Modified on 10/21/2021 (cwl, ). |
| Filing 36 (STRICKEN pursuant to Local Rule 26.3 NON-FILING OF CIVIL DISCOVERY) NOTICE of Service of Initial Disclosures by Asmat Investment, LLC, Mamuye Ayane Takelu (Rogers, Jannea) Modified on 10/21/2021 (cwl, ). |
| Filing 35 ANSWER to Amendment to Complaint by Mamuye Ayane Takelu.(Rogers, Jannea) |
| Filing 34 ANSWER to Amendment to Complaint by Asmat Investment, LLC.(Rogers, Jannea) |
| Filing 33 ANSWER to Amendment to Complaint WITH JURY DEMAND by Hansen & Adkins Auto Transport, Inc..(Lewis, Richard) Modified on 10/12/2021 add jury demand (cwl, ). |
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Filing 32
ORDER: it is ORDERED that this matter is set for a scheduling conference at 1:30 p.m. on 10/27/2021, in Courtroom 2A, the Frank M. Johnson, Jr. U.S. Courthouse, One Church Street, Montgomery, AL. The Clerk of the Court is DIRECTED to provide a court reporter for this proceeding. Signed by Chief Judge Emily C. Marks on 10/5/2021. (furn: calendar, ws) (cwl, )
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| Filing 31 REPORT of Rule 26(f) Planning Meeting. (Allen, John) |
| Filing 30 AMENDMENT TO COMPLAINT Re: #29 First Amendment to the Complaint against All Defendants, filed by Tommy Gulley, Donald A. Burdette, Brenda Norman, Stuart Albea, Candice L. Gulley, Randall Norman, Jason Riggs. Related document: #29 Order,, Set Deadlines,.(Allen, John) |
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Filing 29
ORDER: it is ORDERED that on or before 10/4/2021, the Plfs shall amend their Complaint to sufficiently allege jurisdiction. If the Plfs fail to do so, the Court may dismiss this case without prejudice. Signed by Chief Judge Emily C. Marks on 9/24/2021. (cwl, )
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| Filing 28 NOTICE of Appearance by Stephanie S Monplaisir on behalf of All Plaintiffs (Monplaisir, Stephanie) |
| Filing 27 NOTICE of Appearance by Joseph Edward Bishop Stewart on behalf of Hansen & Adkins Auto Transport, Inc. (Stewart, Joseph) |
| Filing 26 Corporate/Conflict Disclosure Statement by Hansen & Adkins Auto Transport, Inc. re #25 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Lewis, Richard) |
| Filing 25 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Hansen & Adkins Auto Transport, Inc. Corporate Disclosures due by 9/20/2021. (Attachments: #1 Conflict Statement Standing Order & Sample Format)(cwl, ) |
| ***PURSUANT TO THE #24 ANSWER - Attorney Richard Wayne Lewis for Hansen & Adkins Auto Transport, Inc. added. (No pdf attached to this entry) (cwl, ) |
| Filing 24 ANSWER to #1 Complaint, with Jury Demand by Hansen & Adkins Auto Transport, Inc..(Pipkin, William) (Additional attachment(s) added on 9/8/2021: #1 Corrected Certificate of Service) (cwl, ). |
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Filing 23
ORDER: it is ORDERED that the motion for leave to serve non-party subpoena before the Rule 26(f) planning conference (doc. #12 ) is DENIED. Signed by Chief Judge Emily C. Marks on 9/7/2021. (cwl, )
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| Filing 22 NOTICE of Correction re #20 Corporate/Conflict Disclosure Statement, #21 Corporate/Conflict Disclosure Statement, to attach corrected PDF documents to correct the style of the case. (Attachments: #1 Correct Main doc entry #20 , #2 Correct Main doc entry #21 )(cwl, ) |
| Filing 21 Corporate/Conflict Disclosure Statement by Mamuye Ayane Takelu. (Rogers, Jannea) Modified on 9/7/2021 to clarify as satisfying #19 deficiency notice (cwl, ). (Main Document 21 replaced on 9/7/2021 to attach a corrected PDF document to correct the style of the case.) (cwl, ). |
| Filing 20 Corporate/Conflict Disclosure Statement by Asmat Investment, LLC. (Rogers, Jannea) Modified on 9/7/2021 to clarify as satisfying #19 deficiency notice (cwl, ). (Main Document 20 replaced on 9/7/2021 to attach a corrected PDF document to correct the style of the case) (cwl, ). |
| Filing 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Asmat Investment, LLC & Mamuye Ayane Takelu. Corporate Disclosures due by 9/13/2021. (Attachments: #1 Conflict Statement Standing Order & Sample Format)(cwl, ) |
| ***PURSUANT TO THE #17 & #18 ANSWERS - Attorney Blake T. Richardson for Asmat Investment, LLC, Mamuye Ayane Takelu added. (No pdf attached to this entry) (cwl, ) |
| Filing 18 ANSWER to #1 Complaint, by Mamuye Ayane Takelu.(Rogers, Jannea) |
| Filing 17 ANSWER to #1 Complaint, by Asmat Investment, LLC.(Rogers, Jannea) |
| Filing 16 Return Receipt Card showing service of #1 Complaint & #4 Summons signed by illegible for Hansen & Adkins Auto Transport, Inc. served on 8/16/2021 per USPS Website, answer due 9/7/2021. (cwl, ) |
| Filing 15 AFFIDAVIT of Service for Summons; Complaint served on Mamuye Ayana Takelu on 08/18/2021, filed by Candice L. Gulley. (Allen, John) |
| PURSUANT TO THE #15 AFFIDAVIT OF SERVICE - Set ANSWER Deadline for: Mamuye Ayane Takelu for 9/8/2021. (No pdf attached to this entry) (cwl, ) |
| Filing 14 Return Receipt Card showing service of #1 Complaint & #4 Summons signed by C19 2109 for Asmat Investment, LLC served on 8/12/2021, answer due 9/2/2021. (cwl, ) |
| Filing 13 NOTICE of Correction re #6 Corporate/Conflict Disclosure Statement, #7 Corporate/Conflict Disclosure Statement, #8 Corporate/Conflict Disclosure Statement, to attach corrected PDF documents to correct the style of the case. (Attachments: #1 Correct Main doc entry #6 , #2 Correct Main doc entry #7 , #3 Correct Main doc entry #8 )(cwl, ) |
| Supporting MEMORANDUM of Law re #12 MOTION for Leave to File /SERVE NON-PARTY SUBPOENA BEFORE RULE 26(F) CONFERENCE AND SUPPORTING MEMORANDUM OF LAW filed by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (No pdf attached to this entry - see doc #12 for pdf) (cwl, ) |
| Filing 12 MOTION for Leave to File /SERVE NON-PARTY SUBPOENA BEFORE RULE 26(F) CONFERENCE AND SUPPORTING MEMORANDUM OF LAW by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Attachments: #1 Exhibit 1)(Allen, John) |
| Filing 11 Corporate/Conflict Disclosure Statement by Jason Riggs re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Allen, John) |
| Filing 10 Corporate/Conflict Disclosure Statement by Stuart Albea re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Allen, John) |
| Filing 9 Corporate/Conflict Disclosure Statement by Brenda Norman re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Allen, John) |
| Filing 8 Corporate/Conflict Disclosure Statement by Randall Norman re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Allen, John) (Main Document 8 replaced on 8/13/2021 to attach corrected PDF document to correct the style of the case) (cwl, ). |
| Filing 7 Corporate/Conflict Disclosure Statement by Donald A. Burdette re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Allen, John) (Main Document 7 replaced on 8/13/2021 to attach corrected PDF document to correct the style of the case) (cwl, ). |
| Filing 6 Corporate/Conflict Disclosure Statement by Tommy Gulley re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Allen, John) (Main Document 6 replaced on 8/13/2021 to attach corrected PDF document to correct the style of the case) (cwl, ). |
| Filing 5 Corporate/Conflict Disclosure Statement by Candice L. Gulley re #2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Allen, John) |
| Filing 4 Summons Issued as to Asmat Investment, LLC, Hansen & Adkins Auto Transport, Inc.; mailed CMRR with copy of #1 Complaint. (cwl, ) |
| Filing 3 Summons Issued as to Mamuye Ayane Takelu; and returned to counsel for service by Process Server. (cwl, ) |
| Filing 2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Candice L. Gulley; Tommy Gulley; Donald A. Burdette; Randall Norman; Brenda Norman; Stuart Albea; Jason Riggs, Corporate Disclosures due by 8/20/2021. (Attachments: #1 Conflict Statement Standing Order & Sample Format)(cwl, ) |
| Filing 1 COMPLAINT against Asmat Investment, LLC, Hansen & Adkins Auto Transport, Inc., Mamuye Ayane Takelu ( Filing fee $ 402.00 receipt number 4602064213), filed by Tommy Gulley, Donald A. Burdette, Brenda Norman, Stuart Albea, Candice L. Gulley, Randall Norman, Jason Riggs. (Attachments: #1 Civil Cover Sheet, #2 receipt)(cwl, ) |
| DEMAND for Trial by Jury by Stuart Albea, Donald A. Burdette, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (No pdf attached to this entry - see doc #1 for pdf) (cwl, ) |
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