Tomlinson v. Steele et al
| Deanna Tomlinson |
| Russell Ray Steele and Smart Express Inc |
| 1:2022cv00069 |
| January 19, 2022 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 16 Clerk's ENTRY OF DEFAULT as to Smart Express Inc. (KEK) |
| Filing 15 MOTION for Entry of Default by Deanna Tomlinson. (Attachments: #1 Exhibit A - Affidavit)(Prince, Robert) |
Filing 14
ORDER - This matter is before the court on Plaintiff Deanna Tomlinson's motion for default judgment against Defendant Smart Express, Inc. (Doc. #12 ). In this case, the Clerk of Court has not entered default against Smart Express, Inc., so the court cannot proceed to the second step of determining whether a default judgment is warranted. Accordingly, Ms. Tomlinson's motion for entry of default judgment is premature, and the court DENIES the motion WITHOUT PREJUDICE. Signed by Judge Annemarie Carney Axon on 3/7/2022. (KEK)
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| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Deanna Tomlinson. filed by Deanna Tomlinson (Attachments: #1 Exhibit A - Motion for Default Judgment)(Prince, Robert) |
| Filing 12 MOTION for Default Judgment as to Smart Express, Inc. by Deanna Tomlinson. (Attachments: #1 Exhibit Exhibit A - Affidavit, #2 Exhibit Exhibit B - Service)(Prince, Robert) |
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Filing 11
ORDER TO SHOW CAUSE - Ms. Tomlinson purportedly served Smart Express, Inc. on January 27, 2022. (Doc. #10 ). But Smart Express, Inc. has not filed an answer or any other pleading. Therefore, the court ORDERS Ms. Tomlinson to SHOW CAUSE, in writing, on or before March 7, 2022, why the court should not dismiss Smart Express, Inc. for failure to prosecute. Signed by Judge Annemarie Carney Axon on 2/28/2022. (KEK)
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| Filing 10 SUMMONS Returned Executed by Deanna Tomlinson. Smart Express Inc served on 1/27/2022, answer due 2/17/2022. (KEK) |
| Filing 9 Summons Issued as to Smart Express Inc. Mailed certified mail. (MEB2) |
| Filing 8 Alias Summons Issued as to Russell Ray Steele. Returned to plaintiff for service. (MEB2) |
| Filing 7 Request for service by certified mail filed by Deanna Tomlinson. (Prince, Robert) |
| Filing 6 AMENDED COMPLAINT against Smart Express Inc, Russell Ray Steele, filed by Deanna Tomlinson. (Attachments: #1 Exhibit Exhibit A - Articles of Inc.)(Prince, Robert) |
| Filing 5 RESPONSE to re #3 Order to Show Cause filed by Deanna Tomlinson. (Attachments: #1 Exhibit A - Articles of Inc.)(Prince, Robert) |
| Filing 4 Summons Issued as to Smart Express Inc, Russell Ray Steele. Sent vvia certified mail. (KEK) |
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Filing 3
ORDER TO SHOW CAUSE - To establish the court's subject matter jurisdiction, Ms. Tomlinson must also allege Smart Express, Inc.'s state of incorporation. The court therefore ORDERS Ms. Tomlinson to SHOW CAUSE, in writing, on or before January 31, 2022, why the court should not dismiss this case for lack of subject matter jurisdiction. Signed by Judge Annemarie Carney Axon on 1/24/2022. (KEK)
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| Filing 2 Request for service by certified mail filed by Deanna Tomlinson. (Prince, Robert) |
| Filing Fee: Filing fee $ 402, receipt_number 1126-3998182. related document #1 COMPLAINT against Smart Express Inc, Russell Ray Steele, filed by Deanna Tomlinson. (MEB2). (Prince, Robert) |
| Filing 1 COMPLAINT against Smart Express Inc, Russell Ray Steele, filed by Deanna Tomlinson. (MEB2) |
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