Acton Corporation v. Hibbert et al
| Acton Corporation |
| Melissa Hibbert and Medicopy Services Inc |
| 2:2018cv01857 |
| November 8, 2018 |
| US District Court for the Northern District of Alabama |
| Madeline Hughes Haikala |
| John E Ott |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.
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Filing 41
ORDER: The parties have filed a Joint Stipulation of Dismissal. (Doc. #40 ). The Court ORDERS that this action is dismissed with prejudice, with each party to bear its own costs, expenses, and fees. Signed by Judge Madeline Hughes Haikala on 9/15/2020. (YMB)
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| Filing 40 STIPULATION of Dismissal Joint Stipulation of Dismissal by Acton Corporation. filed by Acton Corporation (Ball, C) |
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Filing 39
DISMISSAL ORDER - This case has been settled in mediation. Therefore, the Court dismisses this action without prejudice to the right of any party to reopen the case within 60 days, upon good cause shown, or to submit a stipulated form of final judgment. Signed by Judge Madeline Hughes Haikala on 8/28/2020. (KEK)
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| Filing 38 Evidentiary Material re: #35 Order,,, Set Hearings,, Defendant Medicopy Services, Inc.'s Statement of Applicable Law. (Crumlin, James) |
| Filing 37 Evidentiary Material re: #35 Order,,, Set Hearings,, MELISSA HIBBERTS STATEMENT OF APPLICABLE LAW. (Donaldson, Michael) |
| Filing 36 ANSWER to Complaint by Medicopy Services Inc.(Kendrick, Kermit) |
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Filing 35
ORDER - On or before JULY 10, 2020, defendant, Medicopy Services, Inc. must file its Answer; On or before JULY 31, 2020, counsel are DIRECTED to submit to the courts chambers a Mediation Statement; On or before JULY 24, 2020, counsel for defendants are DIRECTED to filewith the court their respective positions with regard to the law applicable to the claims and defenses in this case; Telephone Conference set for 8/25/2020 02:00 PM before Judge Sharon Lovelace Blackburn; Mediation Conference set for 8/26/2020 09:00 AM before Judge Sharon Lovelace Blackburn... Signed by Judge Sharon Lovelace Blackburn on 7/6/2020. (KAM)
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Filing 34
ORDER Status Conference set for 7/6/2020 09:00 AM before Judge Sharon Lovelace Blackburn.. Signed by Judge Sharon Lovelace Blackburn on 6/29/2020. (KAM)
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Filing 33
ORDER. Judge Blackburn has agreed to mediate this case. The Court directs the parties to comply with Judge Blackburn's orders regarding mediation. The parties shall please submit a joint status report when they complete their mediation. Signed by Judge Madeline Hughes Haikala on June 23, 2020. (Haikala, Madeline)
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Filing 32
STANDING ORDER FOR CIVIL CASES PENDING BEFORE JUDGE HAIKALA. Signed by Judge Madeline Hughes Haikala on 5/4/2020. (KEK)
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| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 4/2/2020. (Court Reporter Leah Turner.) (YMB) |
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Filing 31
STANDING ORDER FOR CIVIL CASES PENDING BEFORE JUDGE HAIKALA. Signed by Judge Madeline Hughes Haikala on 3/25/2020. (KEK)
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Filing 30
TEXT ORDER: The parties have filed a Joint Motion for Judicial Settlement Conference requesting a stay of discovery and case management obligations. (Doc. #29 ). The Court grants the request and sets this matter for a Telephone Conference at 11:00 AM on Thursday, 4/2/2020. Counsel of record shall please dial 877-873-8018 and enter access code 5313999 to participate in the conference. Signed by Judge Madeline Hughes Haikala on 3/6/2020. (YMB)
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| Filing 29 MOTION Joint Motion for Judicial Settlement Conference Joint Motion for Judicial Settlement Conference by Melissa Hibbert, Medicopy Services Inc. (Donaldson, Michael) |
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Filing 28
TEXT ORDER: The Court grants Attorney Forrest Hood James, IV's motion to withdraw as counsel of record in this action. (Doc. #27 ). Signed by Judge Madeline Hughes Haikala on 2/28/2020. (YMB)
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| Filing 27 MOTION to Withdraw as Attorney by Medicopy Services Inc. (James, Forrest) |
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Filing 26
INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 10/3/2019. (KEK)
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| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 10/3/2019. (Court Reporter Leah Turner.) (YMB) |
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Filing 25
TEXT ORDER: The Court converts the in-person injunctive hearing currently set for Thursday, 10/3/2019 at 2:00 PM into a Telephone Conference, that same date and time. Counsel shall please dial 877-848-7030 and enter access code 4974062 to participate in the conference. Signed by Judge Madeline Hughes Haikala on 10/2/2019. (YMB)
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| Filing 24 ANSWER to Complaint by Melissa Hibbert.(Donaldson, Michael) |
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Filing 23
TEXT ORDER; Consistent with the discussions on the record during the August 7, 2019 telephone hearing, the Court denies Acton's motions for preliminary injunction and expedited discovery. (Doc. [1-2], pp. 26-35, 37-39 and 11-8-18 docket entries). The Court SETS Acton's request for injunctive relief for a hearing at 2:00 p.m. on October 3, 2019, in Courtroom 7B, Hugo L. Black U.S. Courthouse, 1729 5th Ave. N., Birmingham, AL 35203. Signed by Judge Madeline Hughes Haikala on 8/9/2019. (JLC)
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Filing 22
ORDER denying #4 Motion to Dismiss for Lack of Jurisdiction. For the reasons stated on the record during the August 7, 2019 telephone hearing in this matter, the Court denies Ms. Hibbert's Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction. Signed by Judge Madeline Hughes Haikala on August 7, 2019. (Haikala, Madeline)
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| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: TELEPHONIC Motion Hearing held on 8/7/2019 re MOTION for Discovery; MOTION for Preliminary Injunction, and #4 MOTION to Dismiss for Lack of Jurisdiction. (Court Reporter Leah Turner.) (YMB) |
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Filing 21
TEXT ORDER - Ms. Hibbert has moved to dismiss for lack of personal jurisdiction. (Doc. #4 ). Acton has filed a motion for preliminary injunction and a motion for expedited discovery. (Doc. [1-2], pp. 26-35, 37-39 and 11-8-18 docket entries). The Court SETS this case for a telephone conference on all pending motions at 11:00 a.m. on August 7, 2019. Counsel of record shall please dial 877-810-9415 and enter access code 5036215 to participate in the call. Signed by Judge Madeline Hughes Haikala on 7/25/2019. (KEK)
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| Filing 20 REPLY to Response to Motion re #4 MOTION to Dismiss for Lack of Jurisdiction filed by Melissa Hibbert. (Donaldson, Michael) |
| Filing 19 RESPONSE in Opposition re #4 MOTION to Dismiss for Lack of Jurisdiction filed by Acton Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Windsor, Robert) |
| Filing 18 NOTICE that defendant, MediCopy Services Inc will not file a motion pursuant to Rule 12(b)(2) by Medicopy Services Inc (Kendrick, Kermit) Modified on 1/8/2019 (KEK). |
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Filing 17
TEXT ORDER: Consistent with the discussion during the telephone conference held on this date, the Court sets the following deadlines: Ms. Hibbert filed a Motion to Dismiss on 11/21/2018. (Doc. #4 ). Medicopy Services, Inc shall file its Motion to Dismiss on or before 1/3/2019. Plaintiff shall respond to the Motions on or before 1/17/2019. Defendants may file replies on or before 1/24/2019. Signed by Judge Madeline Hughes Haikala on 12/20/2018. (YMB)
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| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 12/20/2018. (Court Reporter Leah Turner.) (YMB) |
| Filing 16 NOTICE Changing Time of Telephone Conference: The telephone conference currently set on Thursday, 12/20/2018 at Noon will go forward at 10:30 AM, on that same date. (YMB) |
| PHV Fee paid: $ 50, receipt number 1126-3239471 (ALND B4601094183). (Crumlin, James) Modified on 12/18/2018 (KEK). |
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Filing 15
TEXT ORDER: Consistent with the reassignment notice entered on December 17, 2018 (Doc. #14 ), the Court SETS this case for a telephone conference at noon on December 20, 2018, to confirm the status and discuss briefing with the parties. Counsel of record shall please dial 877-848-7030 and enter access code 4974062 to participate in the call. Signed by Judge Madeline Hughes Haikala on 12/17/2018. (GSH)
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| Filing 14 NOTICE OF REASSIGNMENT The parties having not unanimously consented to the dispositive jurisdiction of the undersigned magistrate, this case is reassigned to Judge Madeline Hughes Haikala. Magistrate Judge John E Ott no longer assigned to the case. (KAM) |
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Filing 13
TEXT ORDER: The #12 motion for leave to appear pro hac vice of John Winters for Defendant Melissa Hibbert is GRANTED. Signed by Magistrate Judge John E. Ott on 12/10/2018. (SUH)
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| Filing 12 MOTION for Leave to Appear Pro Hac Vice of John Winters for Melissa Hibbert Motion is RIPE 12/7/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Melissa Hibbert. (Donaldson, Michael) |
| PHV Fee paid: $50.00, receipt number B4601093801 for John Winters (KAM) |
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Filing 11
TEXT ORDER: Presently pending is the #9 motion to allow James A Crumlin, Jr., to appear pro hac vice on behalf of Defendant Medicopy Services, Inc. The motion, which includes the information required under Local Rule 83.1(b), is CONDITIONALLY GRANTED, subject to the payment of the applicable $50.00 fee within seven (7) calendar days. Upon receipt of the required fee, this conditional grant of pro hac vice status will become final without further court action. Signed by Magistrate Judge John E. Ott on 12/04/2018. (SUH)
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| PHV Fee paid: $ 50, receipt number 1126-3230477. (Kendrick, Kermit) |
| Minute Entry for proceedings held before Magistrate Judge John E Ott: Telephone Conference held on 12/3/2018. (BST, ) |
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Filing 10
TEXT ORDER. With the agreement of counsel, the consent/declination date in this matter is Friday, December 14, 2018. Briefing on the pending motions will be set thereafter. If the parties consent to the jurisdiction of the undersigned, they may submit a proposed briefing schedule on all the pending motions by December 21, 2018. Signed by Magistrate Judge John E. Ott on 12/3/2018. (Ott, John)
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| Filing 9 MOTION for Leave to Appear PRO HAC VICE Motion is RIPE 12/3/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Medicopy Services Inc. (Attachments: #1 Exhibit 1)(Kendrick, Kermit) |
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Filing 8
ORDER the Telephone Conference set for 11/30/18 is continued to 12/3/2018 03:30 PM before Magistrate Judge John E Ott; parties to call 888-808-6929 and use access code 5917763 to participate; Signed by Magistrate Judge John E Ott on 11/29/2018. (BST, )
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Filing 7
ORDER that the parties are reminded that this case will be reassigned to a district judge after 1/7/2019 unless they unanimously consent to the jurisdiction of the undersigned magistrate; Telephone Conference set for 12/21/2018 11:00 AM before Magistrate Judge John E Ott; parties to call in as directed; if all parties submit an executed consent before 12/21/2018, the telephone conference will be cancelled. Signed by Magistrate Judge John E Ott on 11/28/2018. (KAM)
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Filing 6
ORDER regarding compliance with Rule 26; Signed by Magistrate Judge John E Ott on 11/28/2018. (BST)
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Filing 5
TEXT ORDER: This matter is set for a telephone conference call on Friday, November 30, 2018, at 3:30 p.m. The call-in number is 888-808-6929 and the passcode is 5917763. Signed by Magistrate Judge John E Ott on 11/26/2018. (SUH)
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| Set Hearings: Telephone Conference set for 11/30/2018 03:30 PM before Magistrate Judge John E Ott. (KAM) |
| Filing 4 MOTION to Dismiss for Lack of Jurisdiction by Melissa Hibbert. (Attachments: #1 Supplement Memorandum of Law in Support of Motion to Dismiss)(Donaldson, Michael) |
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Filing 3
TEXT ORDER. During a status conference call, it was agreed by the parties that the pending motions for expedited discovery and a preliminary injunction would be addressed after Defendant Hibbert files her answer or fails to do so as required. Another status conference call will be set soon after an answer is filed. Signed by Magistrate Judge John E. Ott on 11/19/2018. (Ott, John)
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| Minute Entry for proceedings held before Magistrate Judge John E Ott: Telephone Conference held on 11/19/2018. (BST, ) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3219201. related document #1 NOTICE OF REMOVAL by Medicopy Services Inc from Shelby County Circuit Court, case number 2018-9010006., filed by Medicopy Services Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(KAM). (Kendrick, Kermit) NDAL rec# B4601093548 Modified on 11/16/2018 (KAM, ). |
| Set/Reset Hearings: Telephone Conference set for 11/19/2018 04:00 PM before Magistrate Judge John E Ott. (KAM) |
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TEXT ORDER. The telephone conference call in this matter set for Friday has been moved to Monday, November 19, 2018, at 4:00 p.m. The parties are to use the same call-in number and passcode. Signed by Magistrate Judge John E. Ott on 11/14/2018. (Ott, John)
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Filing 2
TEXT ORDER: This matter is set for a telephone conference call on Friday, November 16, 2018, at 1:30 p.m. The call-in number is 888-808-6929 and the passcode is 5917763. Signed by Magistrate Judge John E. Ott on 11/13/2018. (SUH)
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| MOTION for accelerated Discovery by Acton Corporation. (deemed filed on 10/26/2018 in state court) (KAM) |
| Filing 1 NOTICE OF REMOVAL by Medicopy Services Inc from Shelby County Circuit Court, case number 2018-9010006., filed by Medicopy Services Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(KAM) |
| MOTION for Preliminary Injunction and request for expedited hearing by Acton Corporation. (filed 10/26/2018 in state court) (KAM) |
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