Hyche v. Milwaukee Electronic Tool Corporation et al
Plaintiff: Melissa Hyche
Defendant: Bresco Inc, Milwaukee Electronic Tool Corporation, Fastenal Company Inc and Birmingham Restaurant Supply Inc
Case Number: 2:2019cv00956
Filed: June 21, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Staci G Cornelius
Referring Judge: Abdul K Kallon
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2019 Filing 13 Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Abdul K. Kallon. Please use case number 2:19-cv-956-AKK on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (MRR, )
August 6, 2019 Filing 12 Brief Reply Brief of the Plaintiff. (Strawn, Ralph)
July 30, 2019 Filing 11 RESPONSE to Motion re #9 MOTION to Remand to State Court filed by Fastenal Company Inc, Milwaukee Electronic Tool Corporation. (Jones, Irving)
July 18, 2019 Opinion or Order Filing 10 ORDER- re pltf's motion to remand (Doc #9 ); It is ORDERED that the defts shall file a response to the motion within fourteen (14) calendar days; The response shall be limited to fifteen (15) pages, exclusive of exhibits; The pltf shall file any reply within seven (7) calendar days thereafter; Any reply shall be limited to ten (10) pages, exclusive of exhits. Signed by Magistrate Judge Staci G Cornelius on 7/18/19. (MRR, )
July 17, 2019 Filing 9 MOTION to Remand to State Court by Melissa Hyche. (Strawn, Ralph)
July 2, 2019 Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Status Conference held on 7/2/2019; attys Ralph Starwn, Jr. and Allen Baker, Jr. present by telephone; conf adj. (chambers) (MSN)
July 1, 2019 Opinion or Order Filing 8 TEXT ORDER: The plaintiff has filed a motion to continue the telephone status conference set for 10:00 A.M. on July 2, 2019. (Doc. #7 ). As grounds, the plaintiff states she intends to file a motion to remand within the next few days. (Id.). The motion to continue is DENIED, and the telephone status conference remains set for 10:00 A.M. on July 2, 2019, unless counsel has a scheduling conflict with the setting. Signed by Magistrate Judge Staci G Cornelius on 7/1/19. (MRR, )
July 1, 2019 Filing 7 MOTION to Continue Telephone Status Conference Motion is RIPE 7/1/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Melissa Hyche. (Strawn, Ralph) Modified text on 7/1/2019 (MRR, ).
July 1, 2019 Opinion or Order Filing 6 TEXT ORDER: : A telephone status conference is currently set for 10:00 a.m. on July 2, 2019. (Doc. #4 ). The parties are REMINDED that the status conference will be cancelled by separate order if, prior to the date of the conference, all parties submit forms indicating whether they consent to magistrate judge jurisdiction. Signed by Magistrate Judge Staci G Cornelius on 7/1/2019. (MSN)
June 25, 2019 Filing 5 Corporate Disclosure Statement by Milwaukee Electronic Tool Corporation. filed by Milwaukee Electronic Tool Corporation (Jones, Irving)
June 25, 2019 Opinion or Order 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 August 5, 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 August 5, 2019. A telephone status conference is hereby SET for 10:00 am on July 2, 2019. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 6/25/19. (MRR, )
June 25, 2019 Filing fee: $ 400, receipt number B4601098583 (MRR, )
June 22, 2019 Filing 3 NOTICE by Fastenal Company Inc, Milwaukee Electronic Tool Corporation re #1 Notice of Removal, Notice of Filing Affidavits (Baker, S)-Deemed filed on 6/21/19 Modified date to maintain state court record sequence on docket sheet on 6/27/2019 (MRR, ).
June 22, 2019 Filing 2 Corporate Disclosure Statement by Fastenal Company Inc. filed by Fastenal Company Inc (Baker, S)-Deemed filed 6/21/19 Modified date to maintain state court record sequence on the docket sheet 6/27/2019 (MRR, ).
June 21, 2019 Filing 1 NOTICE OF REMOVAL by Milwaukee Electronic Tool Corporation, Fastenal Company Inc from Circuit Court of Jefferson County, case number 01-cv-2018-903569., filed by Milwaukee Electronic Tool Corporation, Fastenal Company Inc. (Attachments: #1 Exhibit A segment 1, #2 Exhibit A segment 2, #3 Exhibit A segment 3, #4 Exhibit A segment 4, #5 Exhibit A segment 5)(MRR, )
June 21, 2019 Opinion or Order ORDER ON DEFENDANT BIRMINGHAM RESTAURANT SUPPLY, INC.'S MOTION TO DISMISS COUNTS III-VI OF SECOND AMENDED COMPLAINT- The Court ORDERS that Counts III through VI of this action are hereby DISMISSED WITH PREJUDICE AS TO DEFENDANT BRESCO- Deemed filed 6/5/19, Circuit Court of Jefferson County. Signed by Circuit Judge Carole C. Smitherman on June 5, 2019. (MRR, )
June 21, 2019 Opinion or Order ORDER- It is Ordered, Adjudged, and Decreed that all claims against Milwaukee and Fastenal are hereby severed from all the claims against the remaining Defendants. Signed by Circuit Judge Carole C. Smitherman on May 28, 2019.- Deemed filed 5/28/19, Circuit Court of Jefferson County(MRR, )
June 21, 2019 AMENDED COMPLAINT against Birmingham Restaurant Supply Inc, Milwaukee Electronic Tool Corporation, filed by Melissa Hyche.-Deemed filed 11/2/18, Circuit Court of Jefferson County (MRR, )
June 21, 2019 ANSWER to Amended Complaint- Count 1 (Workers' Comp) by Birmingham Restaurant Supply Inc.- Deemed filed 11/12/18, Circuit Court of Jefferson County (MRR, )
June 21, 2019 Opinion or Order ORDER- Deft's Motion to Sever and for Separate Trials is hereby granted. Signed by Circuit Judge Carole C Smitherman on October 19, 2018.- Deemed filed 10/19/18, Circuit Court of Jefferson County (MRR, )
June 21, 2019 ANSWER to Count II of Complaint Alleging Retaliatory Discharge by Bresco Inc.- Deemed filed 10/9/18, Circuit Court of Jefferson County (MRR, ) .
June 21, 2019 ANSWER to Complaint- Count 1 (Workers' Comp) by Bresco Inc.- Deemed filed 10/9/18, Circuit Court of Jefferson County (MRR, )
June 21, 2019 MOTION to Sever and for Separate Trials by Bresco Inc.- Deemed filed 10/9/18, Circuit Court of Jefferson County (MRR, )
June 21, 2019 Unopposed Partial MOTION to Dismiss Counts III-VI of Amended Complaint by Birmingham Restaurant Supply Inc.- Deemed filed 11/12/18, Circuit Court of Jefferson County (MRR, )
June 21, 2019 ANSWER to Count II of Second Amended Complaint Alleging Retaliatory Discharge by Birmingham Restaurant Supply Inc.- Deemed filed 2/19/19, Circuit Court of Jefferson County (MRR, )
June 21, 2019 MOTION to Sever by Fastenal Company Inc.-Deemed filed 3/22/19. Circuit Court of Jefferson County (MRR, )
June 21, 2019 ANSWER to Second Amended Complaint by Milwaukee Electronic Tool Corporation.-Deemed filed 3/22/19, Circuit Court of Jefferson County(MRR, )
June 21, 2019 ANSWER to Second Amended Complaint by Fastenal Company Inc.- Deemed filed 3/22/19, Circuit Court of Jefferson County(MRR, )
June 21, 2019 RESPONSE to Milwaukee's Motion to Sever filed by Melissa Hyche.- Deemed filed 3/8/19, Circuit Court of Jefferson County (MRR, )
June 21, 2019 ANSWER to Second Amended Complaint-Count 1 (Workers' Comp) by Birmingham Restaurant Supply Inc.- Deemed filed 2/26/19, Circuit Court of Jefferson County(MRR, )
June 21, 2019 Plaintiff's Position on Order Severing Claims for Trial filed by Melissa Hyche- Deemed filed 4/30/19, Circuit Court of Jefferson County (MRR, )

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Defendant: Bresco Inc
Represented By: T Matthew Miller
Represented By: Virginia Druhan Bullock
Represented By: Jonathan L Berryhill
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Defendant: Milwaukee Electronic Tool Corporation
Represented By: S Allen Baker, Jr
Represented By: Irving W Jones, Jr.
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Defendant: Fastenal Company Inc
Represented By: S Allen Baker, Jr
Represented By: Irving W Jones, Jr.
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Defendant: Birmingham Restaurant Supply Inc
Represented By: Virginia Druhan Bullock
Represented By: T Matthew Miller
Represented By: Jonathan L Berryhill
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Plaintiff: Melissa Hyche
Represented By: John T Robertson, IV
Represented By: Donald H Bevill
Represented By: Ralph K Strawn, Jr
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