Higgins et al v. LCM Automotive LLC et al
| Sharon Higgons, Stuart Higgins and Sharon Higgins |
| America's First Federal Credit Union, LCM Automotive LLC and LCM Automotive LLC doing business as Liechty CDJR of Bessemer |
| 2:2019cv00264 |
| February 12, 2019 |
| US District Court for the Northern District of Alabama |
| T Michael Putnam |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2019. A more recent docket listing may be available from PACER.
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Filing 18
ORDER OF DISMISSAL- The defts' motions to compel arbitration and dismiss theaction with prejudice (Docs. #9 , #11 ) are GRANTED; The case hereby is DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge T Michael Putnam on 3/29/19. (MRR, )
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| Filing 17 Brief in Support of Parties' joint Motion to stay proceedings and compel arbitration. (Donald, T) |
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Filing 16
TEXT ORDER re #13 Stipulation filed by America's First Federal Credit Union. The parties have stipulated that a binding arbitration agreement encompasses the claims set forth in this action. The court is inclined to follow its usual procedure in such cases, which is to grant the motion to compel arbitration and dismiss the case without prejudice. The parties have suggested that the court should instead stay the action pending the completion of the arbitration. To the extent that any party opposes dismissal of the action, that party may file a brief addressing the need for a stay. Briefs shall be filed no later than March 18, 2019. Signed by Magistrate Judge T Michael Putnam on 3/6/2019. (PMA, )
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| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge. (MRR, ) |
| Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 3/6/2019. (ASL) |
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Filing 14
TEXT ORDER re 12 Notice. By order dated 2/15/2019, a conference was set by this court for 2:30 p.m. on 3/4/2019 (doc. 4). The parties were reminded of the conference setting by a reminder order dated 3/1/2019 (doc 12). Counsel for defendant America's First Federal Credit Union timely appeared in chambers for the conference. However, counsel for plaintiffs and counsel for LCM Automotive LLC failed to appear or to notify the court of any conflict. Accordingly, the conference is RESET for set for 3/6/2019 at 2:30 PM via telephone before Magistrate Judge T Michael Putnam. Counsel SHALL appear by dialing 888-636-3807 and entering access code 3676046. The court is aware that the parties have jointly filed a stipulation relating to arbitration. However, the stipulation does not resolve this court's inquiry regarding whether the parties choose to consent to magistrate judge jurisdiction. Signed by Magistrate Judge T Michael Putnam on 3/4/2019. (PMA, )
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| Filing 13 STIPULATION (Joint) to Arbitrate and Stay Case by America's First Federal Credit Union. filed by America's First Federal Credit Union (Attachments: #1 Text of Proposed Order)(Mitchell, Matthew) |
| Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Status Conference held on 3/4/2019; counsel for deft America's First Federal Credit Union present; conference to be rescheduled by telephone (ASL) |
| Filing 12 NOTICE to remind parties of consent conference scheduled for 2:30 PM on Monday, March 4, 2019, in chambers; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, the conference will be cancelled (ASL) |
| Filing 11 MOTION to Compel Arbitration, MOTION to Dismiss Case by LCM Automotive LLC. (Attachments: #1 Affidavit EX A & EX 1)(Davidson, Patrick) |
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Filing 10
TEXT ORDER re #9 MOTION to Compel Arbitration and MOTION to Dismiss filed by America's First Federal Credit Union. Any response to the motion shall be filed within 14 days. Any reply will be due within 7 days after any response is filed. Signed by Magistrate Judge T Michael Putnam on 2/26/2019. (PMA)
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| Filing 9 MOTION to Compel Arbitration and, MOTION to Dismiss by America's First Federal Credit Union. (Attachments: #1 Exhibit A - Declaration of Kevin Morris, #2 Exhibit B - Arbitration Agreement)(Mitchell, Matthew) |
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Filing 8
TEXT ORDER granting #7 Motion for Extension of Time. Defendant LCM Automotive LLC's motion is GRANTED but only to the extent that it is given an additional seven days in which to file a responsive pleading. Signed by Magistrate Judge T Michael Putnam on 2/19/2019. (PMA)
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| Filing 7 MOTION for Extension of Time to Respond to Complaint Motion is RIPE 2/19/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by LCM Automotive LLC. (Attachments: #1 Text of Proposed Order)(Davidson, Patrick) Modified docket text on 2/20/2019 (MRR, ). |
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Filing 6
TEXT ORDER granting #5 Motion for Extension of Time to Answer, but only to the extent that the defendant is given an additional seven days in which to file a responsive pleading. America's First Federal Credit Union answer due 2/26/2019. Signed by Magistrate Judge T Michael Putnam on 2/19/2019. (PMA)
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| Filing 5 MOTION for Extension of Time to Respond to Plaintiff's Complaint Motion is RIPE 2/19/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by America's First Federal Credit Union. (Attachments: #1 Exhibit A - Proposed Order)(Mitchell, Matthew) Modified docket text to reflect the title of the document on 2/19/2019 (MRR, ). |
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Filing 4
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than March 29, 2019. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after March 29, 2019. A status conference is hereby SET for 2:30 pm on March 4, 2019, in chambers. The status conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge T Michael Putnam on 2/15/19. (MRR, )
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| Filing 3 Corporate Disclosure Statement by America's First Federal Credit Union. filed by America's First Federal Credit Union (Mitchell, Matthew) |
| Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3278343 (B4601095410). (Mitchell, Matthew) Modified on 2/13/2019 (MRR, ). |
| Filing 1 NOTICE OF REMOVAL by America's First Federal Credit Union from Circuit Court of Jefferson County, case number 68-cv-2019-900017., filed by America's First Federal Credit Union. (Attachments: #1 State Court File, #2 Consent to Removal)(MRR, ) |
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