Morgan et al v. Foshee et al
| Hayle Morgan, Roma Fox, James Whited, Katelin Whited and Malana Whited |
| Richard Foshee, General Motors LLC and Fiat Chrysler Automobiles US, LLC |
| 2:2023cv00419 |
| July 11, 2023 |
| US District Court for the Middle District of Alabama |
| Emily C Marks |
| Kelly F Pate |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 14501 Interstate Commerce Commission Termination Act |
| Defendant |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 41
NOTICE of Correction re #40 Evidentiary Submission, to correct main pdf previously attached by e-filer. (Attachments: #1 Corrected Main Document #40 )(am, )
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Filing 40
Evidentiary Submission re #39 Reply Brief to #30 MOTION TO REMAND filed by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Attachments: #1 Exhibit A)(Cole, Kenneth) (Main Document 40 replaced on 9/1/2023 to correct main pdf previously attached by e-filer & clarify text) (am, ).
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Filing 39
REPLY BRIEF in Support of #30 MOTION TO REMAND filed by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Cole, Kenneth) Modified on 9/1/2023 to remove incorrect linkage, add correct linkage, & clarify text (am, ).
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Filing 38
RESPONSE in Opposition re #30 MOTION to Remand to State Court The Morgan Plaintiffs' Motion to Remand and Supporting Brief filed by Richard Foshee. (Lewis, Richard)
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Filing 37
RESPONSE in Opposition re #30 MOTION to Remand to State Court The Morgan Plaintiffs' Motion to Remand and Supporting Brief filed by General Motors LLC. (Hall, Rebecca)
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Filing 36
ORDER: it is ORDERED that GM and FCA's #26 motion is GRANTED to the extent that the state court order attached to their motion (doc. #26 -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, )
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Filing 35
ORDER: it is ORDERED that the Defendants shall file a response to the Plaintiff's #30 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, )
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Filing 34
SEALED Conflict Disclosure Statement of Katelin Whited. (am, )
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Filing 33
SEALED Conflict Disclosure Statement of James Whited. (am, )
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Filing 32
SEALED Conflict Disclosure Statement of Hayle Morgan. (am, )
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Filing 31
RESPONSE to #26 MOTION to Amend filed by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Cole, Kenneth) Modified on 8/11/2023 to clarify text (am, ).
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BRIEF in Support of #30 MOTION to Remand, filed by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (NO PDF - See doc #30 ) (am, )
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Filing 30
MOTION to Remand by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Attachments: #1 Exhibit A)(Cole, Kenneth) Modified on 8/11/2023 to clarify text (am, ).
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Filing 29
Response to #27 Order & #26 MOTION to Amend filed by Richard Foshee. (Frederick, Brandi) Modified on 8/11/2023 to clarify text (am, ).
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Filing 28
Supplemental Reply to response to MOTION to Dismiss filed by Richard Foshee. (King, Kathryn) Modified on 8/8/2023 to remove incorrect linkage & clarify text (am, ).
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Filing 27
ORDER: it is ORDERED that the Plaintiffs and Foshee shall each file a response to GM and FCA's #26 motion to amend on or before 8/11/2023. Signed by Chief Judge Emily C. Marks on 8/7/2023. (am, )
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Filing 26
MOTION to Amend/Correct #1 Notice of Removal,, Defendants' Motion to Amend Notice of Removal by General Motors LLC. (Attachments: #1 Exhibit F - State Court Order, #2 Exhibit 1 - Notice of Removal)(Hall, Rebecca)
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Filing 25
ORDER: it is ORDERED that, on or before 8/11/2023, Plaintiffs Hayle Morgan, James Whited, and Katelin Whited each shall file under seal an unredacted conflict disclosure statement fully identifying the minor children; DIRECTING the Clerk 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. (am, )
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Filing 24
Response to #5 Order to Show Cause, filed by Richard Foshee. (Frederick, Brandi) Modified on 8/4/2023 to clarify text (am, ).
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Filing 23
MOTION to Extend Deadline to Reply re #10 MOTION to Consolidate Cases and MOTION to Continue by Richard Foshee. (Frederick, Brandi) Modified on 8/1/2023 to clarify the docket text (amf, ).
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Filing 22
Notice of Non-Opposition to #10 MOTION to Consolidate Cases and MOTION to CONTINUE filed by General Motors LLC. (Hall, Rebecca) Modified on 8/1/2023 to clarify text (bes, ).
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Filing 21
NOTICE of Correction re #14 Response in Opposition, to attach a corrected PDF document to correct a typographical error in the case style. (Attachments: #1 Main PDF to Document #14 )(amf, )
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Filing 20
Conflict Disclosure Statement by Roma Fox re: #15 Notice of Deficiency. (Cole, Kenneth) Modified on 8/1/2023 to add linkage (am, ).
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Filing 19
Conflict Disclosure Statement by Malana Whited re: #15 Notice of Deficiency. (Cole, Kenneth) Modified on 8/1/2023 to add linkage (am, ).
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Filing 18
Conflict Disclosure Statement by Katelin Whited re: #15 Notice of Deficiency. (Cole, Kenneth) Modified on 8/1/2023 to add linakge (am, ).
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Filing 17
Conflict Disclosure Statement by James Whited re: #15 Notice of Deficiency. (Cole, Kenneth) Modified on 8/1/2023 to add linkage (am, ).
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Filing 16
Conflict Disclosure Statement by Hayle Morgan re: #15 Notice of Deficiency. (Cole, Kenneth) Modified on 8/1/2023 to add linkage (am, ).
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Filing 15
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Plaintiffs Hayle Morgan, Roma Fox, James Whited, Katelin Whited, & Malana Whited; Corporate Disclosures due by 8/10/2023. (Attachments: #1 Standing Order and Sample Format)(amf, )
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Filing 14
RESPONSE in Opposition re #1 - 4 MOTION to Dismiss filed by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Attachments: #1 Exhibit A)(Cole, Kenneth) (Main Document 14 replaced on 8/1/2023 to attach a corrected PDF document to correct a typographical error in the case style) (amf, ). Modified on 8/1/2023 (amf, ).
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Filing 13
MOTION to Consolidate Cases - FCA's Notice of Consent to Consolidation for Purposes of Removal and Foshee's Motion to Dismiss by Fiat Chrysler Automobiles US, LLC. (Bazemore, Thomas)
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Notice of Consent to #10 MOTION to Consolidate Cases, by Fiat Chrysler Automobiles US, LLC, which was incorrectly docketed as a Motion. (NO PDF - See doc #13 ) (am, )
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Filing 12
Case reassigned to Chief Judge Emily C. Marks as Presiding Judge and Magistrate Judge Kelly F. Pate as Referral Judge. Magistrate Judge Kelly F. Pate no longer assigned to the case as Presiding Judge. (bes, )
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Filing 11
ORDER: it is ORDERED as follows: 1. The #10 motion to extend the deadline for Plaintiffs to respond to Defendant Foshee's Motion to Dismiss is GRANTED, and the deadline is extended to 7/31/2023; 2. By 8/2/2023, Defendants General Motors LLC and Fiat Chrysler Automobiles US, LLC must file a response to Plaintiffs' motion to consolidate this case with Case No. 2:23-CV-417-JTA for purposes of removal and Defendant Foshee's pending Motion to Dismiss. Signed by Magistrate Judge Kelly F. Pate on 7/26/2023. (am, )
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Filing 10
MOTION to Consolidate Cases and MOTION to CONTINUE by Roma Fox, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (Cole, Kenneth). Added MOTION for Extension of Deadline on 7/25/2023 (am, ).
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Filing 9
ANSWER with JURY DEMAND to Amended Complaint, by Fiat Chrysler Automobiles US, LLC.(Bazemore, Thomas) Modified on 7/19/2023 to add jury demand (hrr, ). (Additional attachment(s) added on 7/19/2023: #1 Corrected Certificate of Service) (hrr, ).
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Filing 8
Corporate/Conflict Disclosure Statement by Richard Foshee. (Frederick, Brandi)
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Filing 7
Corporate Disclosure Statement by Fiat Chrysler Automobiles US, LLC re: #7 Notice of Deficiency. (Bazemore, Thomas) Modified on 7/18/2023 to add linkage & clarify text (am, ).
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Filing 6
GM LLC's ANSWER to Amended Complaint, First Amended Complaint by General Motors LLC.(Hall, Rebecca)
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Filing 5
ORDER: it is ORDERED that Plaintiffs must respond by 7/27/2023, and SHOW CAUSE why it should not be granted; Defendant may file a reply by 8/3/2023; DIRECTING Counsel for the parties to complete the appropriate attached form and send it to the Clerk of the Court by 8/3/2023. Signed by Magistrate Judge Kelly F. Pate on 7/13/2023. (am, )
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Filing 4
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Fiat Chrysler Automobiles US, LLC; Corporate Disclosures due by 7/24/2023. (Attachments: #1 Standing Order and Sample Format)(am, )
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Filing 3
NOTICE of Assignment to Magistrate Judge sent to counsel for (all parties) Fiat Chrysler Automobiles US, LLC, Richard Foshee, Roma Fox, General Motors LLC, Hayle Morgan, James Whited, Katelin Whited, Malana Whited. (am, )
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Filing 2
Case Assigned to Magistrate Judge Kelly F. Pate. (am, )
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Filing 1
NOTICE OF REMOVAL from Circuit Court of Butler County, Alabama, case number CV-23-900062. (Filing fee $402 receipt number AALMDC-3467325) , filed by General Motors LLC & Fiat Chrysler Automobiles US, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - GM Suit Package, #3 Exhibit B - FCA Suit Package, #4 Exhibit C - State Court File, #5 Exhibit D - Woodfork Transcript, #6 Exhibit E - Other Morgan 4th Amended Complaint, #7 Notice of Filing Notice of Removal in State Court, #8 GM Corporate Disclosure Statement)(Hall, Rebecca) Modified on 7/12/2023 to add joint filer(am, ).
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COMPLAINT with JURY DEMAND against Richard Foshee, filed by Malana Whited, Roma Fox, Hayle Morgan, James Whited, Katelin Whited. (NO PDF - See doc #1 -4 at pg 15)(am, )
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FIRST AMENDED COMPLAINT with JURY DEMAND against Fiat Chrysler Automobiles US, LLC, Richard Foshee, General Motors LLC, filed by Malana Whited, Roma Fox, Hayle Morgan, James Whited, Katelin Whited. (NO PDF - See doc #1 -4 at pg 35)(am, ) Modified on 7/12/2023 to add jury demand (am, ).
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NOTICE of Filing of #1 Notice of Removal to State Court by Fiat Chrysler Automobiles US, LLC, General Motors LLC. (NO PDF - See doc #1 -7) (am, )
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Corporate Disclosure Statement by General Motors LLC. (NO PDF - see doc #1 -8) (am, )
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MOTION to Dismiss Pursuant to Rule 12(b)(6) and MOTION for Summary Judgment by Richard Foshee. (NO PDF - See doc #1 -4 at pg 90) (am, )
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