Gulley et al v. Foshee et al
Plaintiff: Candice L. Gulley, Tommy Gulley, Donald A. Burdette, Randall Norman, Brenda Norman, Stuart Albea, Jason Riggs and Brandy Lee Dunnavant
Defendant: Richard Foshee, General Motors LLC and Fiat Chrysler Automobiles US, LLC
Case Number: 2:2023cv00417
Filed: July 11, 2023
Court: US District Court for the Middle District of Alabama
Presiding Judge: Jerusha T Adams
Referring Judge: Emily C Marks
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 49 U.S.C. § 14501 Interstate Commerce Commission Termination Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2023 Opinion or Order Filing 42 REPLY BRIEF re #35 MOTION to Remand to State Court filed by Stuart Albea, Donald A. Burdette, Brandy Lee Dunnavant, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Attachments: #1 Exhibit 1 - Remand Order)(Allen, John)
August 25, 2023 Opinion or Order Filing 41 RESPONSE in Opposition re #35 MOTION to Remand to State Court filed by Richard Foshee. (Lewis, Richard)
August 25, 2023 Opinion or Order Filing 40 RESPONSE in Opposition re #35 MOTION to Remand to State Court filed by General Motors LLC. (Hall, Rebecca)
August 11, 2023 Opinion or Order Filing 39 ORDER: it is ORDERED that GM and FCA's #24 motion is GRANTED to the extent that the state court order attached to their motion (doc. #24 -1) is appended to the #1 Notice of Removal; The motion is DENIED in all other respects. Signed by Chief Judge Emily C. Marks on 8/11/2023. (am, )
August 11, 2023 Opinion or Order Filing 38 ORDER: it is ORDERED that the Defendants shall file a response to the Plaintiff's #35 motion on or before 8/25/2023; It is further ORDERED that the Plaintiffs shall file a reply to the Defendants' response on or before 9/1/2023. Signed by Chief Judge Emily C. Marks on 8/11/2023. (am, )
August 11, 2023 Opinion or Order Filing 37 Response #24 MOTION to Amend filed by Richard Foshee. (Frederick, Brandi) Modified on 8/11/2023 to clarify text (am, ).
August 11, 2023 Opinion or Order Filing 36 RESPONSE to #24 MOTION to Amend filed by Stuart Albea, Donald A. Burdette, Brandy Lee Dunnavant, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Allen, John) Modified on 8/11/2023 to clarify text (am, ).
August 10, 2023 Opinion or Order BRIEF in Support of #35 MOTION to Remand to State Court filed by Stuart Albea, Donald A. Burdette, Brandy Lee Dunnavant, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (NO PDF - See doc #35 ) (am, )
August 10, 2023 Opinion or Order Filing 35 MOTION to Remand to State Court by Stuart Albea, Donald A. Burdette, Brandy Lee Dunnavant, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Attachments: #1 Exhibit A - Foshee Depo)(Allen, John)
August 9, 2023 Opinion or Order Filing 34 (SEALED DOCUMENT) Corporate/Conflict Disclosure Statement by Brandy Lee Dunnavant. (bes, )
August 7, 2023 Opinion or Order Filing 33 Reply to response to order to show cause re MOTION to Dismiss MOTION for Summary Judgment, #10 Order to Show Cause, #22 Response in Opposition to Motion, filed by Richard Foshee. (King, Kathryn)
August 7, 2023 Opinion or Order Filing 32 (SEALED) Conflict Disclosure Statement by Jason Riggs. (bes, )
August 7, 2023 Opinion or Order Filing 31 (SEALED) Conflict Disclosure Statement by Stuart Albea. (bes, )
August 7, 2023 Opinion or Order Filing 30 (SEALED) Conflict Disclosure Statement by Brenda Norman. (bes, )
August 7, 2023 Opinion or Order Filing 29 (SEALED) Conflict Disclosure Statement by Randall Norman. (bes, )
August 7, 2023 Opinion or Order Filing 28 (SEALED) Conflict Disclosure Statement by Donald Burdette. (bes, )
August 7, 2023 Opinion or Order Filing 27 (SEALED) Conflict Disclosure Statement by Tommy Gulley. (bes, )
August 7, 2023 Opinion or Order Filing 26 (SEALED) Conflict Disclosure Statement by Candice Gulley. (bes, )
August 7, 2023 Opinion or Order Filing 25 ORDER: it is ORDERED that the Plaintiffs and Foshee shall each file a response to GM and FCA's #24 motion to amend on or before 8/11/2023. Signed by Chief Judge Emily C. Marks on 8/7/2023. (amf, )
August 4, 2023 Opinion or Order Filing 24 MOTION to Amend/Correct #1 Notice of Removal,, #6 Amended Notice of Removal, Defendants' Motion to Amend Notice of Removal by General Motors LLC. (Attachments: #1 Exhibit H - State Court Order, #2 Exhibit 1 - Notice of Removal, #3 Exhibit 2 - Amendment to Notice of Removal)(Hall, Rebecca)
August 4, 2023 Opinion or Order Filing 23 ORDER: it is ORDERED that, on or before 8/11/2023, each Plf shall file under seal an unredacted conflict disclosure statement fully identifying the minor child or children whose interests the Plf represents in this litigation; The Clerk is DIRECTED to file the unredacted conflict disclosure statements under seal until further order of the Court. Signed by Chief Judge Emily C. Marks on 8/4/2023. (bes, )
July 31, 2023 Opinion or Order Filing 22 RESPONSE in Opposition re MOTION to Dismiss MOTION for Summary Judgment filed by Stuart Albea, Donald A. Burdette, Brandy Lee Dunnavant, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (Attachments: #1 Exhibit A)(Allen, John)
July 31, 2023 Opinion or Order Filing 21 Corporate/Conflict Disclosure Statement by Brandy Lee Dunnavant. (Smalley, Jack)
July 28, 2023 Opinion or Order Filing 20 Case Reassigned to Chief Judge Emily C. Marks as Presiding Judge and Magistrate Judge Jerusha T. Adams as Referral Judge; Magistrate Judge Jerusha T. Adams no longer assigned to the case as Presiding Judge. (amf, )
July 25, 2023 Opinion or Order Filing 19 Corporate/Conflict Disclosure Statement by Stuart Albea. (Allen, John)
July 25, 2023 Opinion or Order Filing 18 Corporate/Conflict Disclosure Statement by Jason Riggs. (Allen, John)
July 25, 2023 Opinion or Order Filing 17 Corporate/Conflict Disclosure Statement by Brenda Norman. (Allen, John)
July 25, 2023 Opinion or Order Filing 16 Corporate/Conflict Disclosure Statement by Randall Norman. (Allen, John)
July 25, 2023 Opinion or Order Filing 15 Corporate/Conflict Disclosure Statement by Donald A. Burdette. (Allen, John)
July 25, 2023 Opinion or Order Filing 14 Corporate/Conflict Disclosure Statement by Tommy Gulley. (Allen, John)
July 25, 2023 Opinion or Order Filing 13 Corporate/Conflict Disclosure Statement by Candice L. Gulley. (Allen, John)
July 18, 2023 Opinion or Order Filing 12 ANSWER with JURY DEMAND to First and Second Amended Complaints by Fiat Chrysler Automobiles US, LLC.(Bazemore, Thomas) Modified on 7/19/2023 to include jury demand (amf, ).
July 17, 2023 Opinion or Order Filing 11 Corporate/Conflict Disclosure Statement by Richard Foshee. (Frederick, Brandi)
July 17, 2023 Opinion or Order Filing 10 ORDER: it is ORDERED that on or before July 31, 2023, the plaintiffs shall show cause in writing as to why the #1 -4 motion should not be granted. The defendant, Richard Foshee, shall file a reply on or before August 7, 2023. Signed by Magistrate Judge Jerusha T. Adams on 7/17/2023. (cwl, )
July 17, 2023 Opinion or Order Filing 9 ORDER: it is ORDERED that the parties should now make their selection in writing to consent or request reassignment. The parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before August 7, 2023, as further set out in order. Do NOT electronically file the consent form into the record. Do NOT electronically file the reassignment form into the record. Signed by Magistrate Judge Jerusha T. Adams on 7/17/2023. (cwl, )
July 17, 2023 Opinion or Order Filing 8 Corporate/Conflict Disclosure Statement by Fiat Chrysler Automobiles US, LLC re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Bazemore, Thomas) Modified on 7/17/2023 to add link (cwl, ).
July 14, 2023 Opinion or Order Filing 7 ANSWER to First and Second Amended Complaint, , by General Motors LLC.(Hall, Rebecca) Modified on 7/17/2023 to clean up text (cwl, ).
July 12, 2023 Opinion or Order Filing 6 AMENDED NOTICE OF REMOVAL by General Motors LLC from Circuit Court of Butler County, Alabama, case number CV-23-900060. , filed by General Motors LLC. (Attachments: #1 Exhibit G - Foshee Motion to Dismiss and Motion for Summary Judgment)(Hall, Rebecca)
July 11, 2023 Opinion or Order Filing 5 Corporate/Conflict Disclosure Statement by General Motors LLC re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Hall, Rebecca)
July 11, 2023 Opinion or Order Filing 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Fiat Chrysler Automobiles US, LLC, General Motors LLC; Corporate Disclosures due by 7/21/2023. (Attachments: #1 Standing Order and Sample Format)(bes, )
July 11, 2023 Opinion or Order Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for (ALL PARTIES) Stuart Albea, Donald A. Burdette, Brandy Lee Dunnavant, Fiat Chrysler Automobiles US, LLC, Richard Foshee, General Motors LLC, Candice L. Gulley, Tommy Gulley, Brenda Norman, Randall Norman, Jason Riggs. (bes, )
July 11, 2023 Opinion or Order Filing 2 Case assigned to Magistrate Judge Jerusha T. Adams as Presiding Judge. (bes, )
July 11, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by General Motors LLC, Fiat Chrysler Automobiles US, LLC from Circuit Court of Butler County, AL, case number 10-CV-23-900060. ( Filing fee $ 402 receipt number AALMDC-3466759) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - GM New Suit Package, #3 Exhibit B - FCA New Suit Package, #4 Exhibit C - State Court File, #5 Exhibit D - Dunnavant Case - 3rd Amended Complaint, #6 Exhibit E - Woodfork Deposition, #7 Exhibit F - Candace Gulley - 3rd Amended Complaint, #8 State Court Notice of Filing Notice of Removal)(Hall, Rebecca) Modified on 7/11/2023 to clarify text (bes, ).
July 11, 2023 Opinion or Order COMPLAINT with JURY DEMAND against Richard Foshee, filed by Tommy Gulley, Donald A. Burdette, Brandy Lee Dunnavant, Jason Riggs, Stuart Albea, Brenda Norman, Candice L. Gulley, Randall Norman. (No PDF attached to this entry - see doc #1 -4 at page 14 for PDF)(bes, )
July 11, 2023 Opinion or Order AMENDED COMPLAINT with JURY DEMAND against Fiat Chrysler Automobiles US, LLC, Richard Foshee, General Motors LLC, filed by Tommy Gulley, Donald A. Burdette, Brandy Lee Dunnavant, Jason Riggs, Stuart Albea, Brenda Norman, Candice L. Gulley, Randall Norman. (No PDF attached to this entry - see doc #1 -4 at page 33 for PDF)(bes, )
July 11, 2023 Opinion or Order MOTION to Dismiss Pursuant to Rule 12(b)(6) and MOTION for Summary Judgment by Richard Foshee. (No PDF attached to this entry - see doc #1 -4 at page 105 for PDF) (bes, )
July 11, 2023 Opinion or Order NOTICE of Filing #1 Notice of Removal with the Circuit Court of Butler County, AL by Fiat Chrysler Automobiles US, LLC, General Motors LLC. (No PDF attached to this entry - see doc #1 -8 for PDF) (bes, )
July 11, 2023 Opinion or Order SECOND AMENDED COMPLAINT with JURY DEMAND against Fiat Chrysler Automobiles US, LLC, Richard Foshee, General Motors LLC, filed by Tommy Gulley, Donald A. Burdette, Brandy Lee Dunnavant, Jason Riggs, Stuart Albea, Brenda Norman, Candice L. Gulley, Randall Norman. (No PDF attached to this entry - see doc #1 -4 at page 74 for PDF)(bes, )

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Search for this case: Gulley et al v. Foshee et al
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Plaintiff: Candice L. Gulley
Represented By: Jack Smalley, III
Represented By: Jere L. Beasley
Represented By: John Gregory Allen
Represented By: Jon Cole Portis
Represented By: Stephanie S Monplaisir
Represented By: Benjamin E. Baker, Jr.
Represented By: Calvin Poole, III
Represented By: Earle Walter Long, IV
Represented By: Walton Ward Hickman
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Plaintiff: Tommy Gulley
Represented By: Benjamin E. Baker, Jr.
Represented By: Calvin Poole, III
Represented By: Earle Walter Long, IV
Represented By: Jack Smalley, III
Represented By: Jere L. Beasley
Represented By: John Gregory Allen
Represented By: Jon Cole Portis
Represented By: Stephanie S Monplaisir
Represented By: Walton Ward Hickman
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Plaintiff: Donald A. Burdette
Represented By: Benjamin E. Baker, Jr.
Represented By: Jere L. Beasley
Represented By: John Gregory Allen
Represented By: Jon Cole Portis
Represented By: Walton Ward Hickman
Represented By: Jack Smalley, III
Represented By: Calvin Poole, III
Represented By: Earle Walter Long, IV
Represented By: Stephanie S Monplaisir
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Plaintiff: Randall Norman
Represented By: Benjamin E. Baker, Jr.
Represented By: Calvin Poole, III
Represented By: Earle Walter Long, IV
Represented By: Jack Smalley, III
Represented By: Jere L. Beasley
Represented By: John Gregory Allen
Represented By: Jon Cole Portis
Represented By: Stephanie S Monplaisir
Represented By: Walton Ward Hickman
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Plaintiff: Brenda Norman
Represented By: Jack Smalley, III
Represented By: Jere L. Beasley
Represented By: John Gregory Allen
Represented By: Jon Cole Portis
Represented By: Stephanie S Monplaisir
Represented By: Benjamin E. Baker, Jr.
Represented By: Calvin Poole, III
Represented By: Earle Walter Long, IV
Represented By: Walton Ward Hickman
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Plaintiff: Stuart Albea
Represented By: Calvin Poole, III
Represented By: Earle Walter Long, IV
Represented By: Jack Smalley, III
Represented By: Jere L. Beasley
Represented By: Benjamin E. Baker, Jr.
Represented By: John Gregory Allen
Represented By: Jon Cole Portis
Represented By: Stephanie S Monplaisir
Represented By: Walton Ward Hickman
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Plaintiff: Jason Riggs
Represented By: Benjamin E. Baker, Jr.
Represented By: Calvin Poole, III
Represented By: Jack Smalley, III
Represented By: Jere L. Beasley
Represented By: John Gregory Allen
Represented By: Jon Cole Portis
Represented By: Stephanie S Monplaisir
Represented By: Earle Walter Long, IV
Represented By: Walton Ward Hickman
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Plaintiff: Brandy Lee Dunnavant
Represented By: Jere L. Beasley
Represented By: John Gregory Allen
Represented By: Benjamin E. Baker, Jr.
Represented By: Calvin Poole, III
Represented By: Earle Walter Long, IV
Represented By: Jack Smalley, III
Represented By: Jon Cole Portis
Represented By: Stephanie S Monplaisir
Represented By: Walton Ward Hickman
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Defendant: Richard Foshee
Represented By: Richard Wayne Lewis
Represented By: Kathryn K. King
Represented By: William Eugene Pipkin, Jr.
Represented By: Brandi Branton Frederick
Represented By: Joseph Edward Bishop Stewart
Represented By: Kathryn Kyatt King
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Defendant: General Motors LLC
Represented By: Michael Lester Bell
Represented By: Haley Andrews Cox
Represented By: Rebecca K. Hall
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Defendant: Fiat Chrysler Automobiles US, LLC
Represented By: Thomas Edwin Bazemore, III
Represented By: Morgan Melissa Turner
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