BIBBEE v. OX BODIES, INC.
Plaintiff: SAM BIBBEE
Defendant: Federal Signal Corporation and Ox Bodies, Inc.
Case Number: 2:2019cv01637
Filed: October 7, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Karon O Bowdre
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

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

Date Filed Document Text
October 7, 2019 Filing 50 Case transferred in from District of Pennsylvania Western; Case Number 2:19-cv-00011. Original file certified copy of transfer order and docket sheet received.
October 4, 2019 Opinion or Order Filing 49 STIPULATED ORDER TRANSFERRING ACTION PURSUANT TO 28 U.S.C. 1631. For the reasons as set forth herein, it is hereby ORDERED as follows: 1. Federal Signal, having played no role in the design, manufacture, distribution, or sale of the Subject Dump Truck Body, is not a proper party to this action and, therefore, it has been dismissed. (Dkt. 40.) 2. Because (i) Ox Bodies is not "at home" in Pennsylvania and (ii) Plaintiff's cause of action does not arise from or relate to Ox Bodies' Pennsylvania-based activity, the Court lacks personal jurisdiction over Ox Bodies. 3. Ox Bodies' Rule 12(b)(2) #17 Motion to Dismiss is, therefore, GRANTED. 4. Pursuant to 28 U.S.C. 1631, upon a finding that there is a want of jurisdiction, the Court is empowered, if in the interest of justice, to transfer an action to a court of competent jurisdiction. 5. Insofar as the Subject Dump Truck Body was manufactured in Fayette, Alabama, where Ox Bodies is headquartered, personal jurisdiction and subject matter jurisdiction would be proper in the United States District Court for the Northern District of Alabama. 28 U.S.C. 81 (a). 6. Finding that transfer is in the interest of justice and for the convenience of the Parties, it is hereby ORDERED that, pursuant to 28 U.S.C. 1631, this action is transferred to the United States District Court for the Northern District of Alabama, Southern Division, forthwith. 7. The Clerk shall take any necessary steps to effectuate this transfer, forthwith. Signed by Chief Judge Mark R. Hornak on 10/4/19. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
October 4, 2019 Filing 48 STIPULATION by OX BODIES, INC.. (Reefer, Jason) [Transferred from Pennsylvania Western on 10/7/2019.]
September 26, 2019 Opinion or Order Filing 47 ORDER APPROVING #46 Joint Status Report. It is hereby further ORDERED that on or before 10/4/19, the parties shall file a further Joint Status Report advising the Court as to whether supplemental briefing on personal jurisdiction will be necessary, and if so, providing a proposed scheduling order. And it is further ORDERED that this case is hereby held in abeyance until the filing of said Joint Status Report. Signed by Chief Judge Mark R. Hornak on 9/26/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
September 25, 2019 Filing 46 STATUS REPORT Following the Completion of Jurisdictional Discovery by OX BODIES, INC.. (Reefer, Jason) [Transferred from Pennsylvania Western on 10/7/2019.]
September 4, 2019 Opinion or Order Filing 45 ORDER APPROVING #44 Agreed Protective Order as modified by the Court. Signed by Chief Judge Mark R. Hornak on 9/4/19. (jad) [Transferred from Pennsylvania Western on 10/7/2019.]
September 3, 2019 Filing 44 Consent MOTION for Protective Order by OX BODIES, INC.. (Attachments: #1 Proposed Order Agreed Protective Order) (Reefer, Jason) [Transferred from Pennsylvania Western on 10/7/2019.]
August 20, 2019 Filing 43 AFFIDAVIT of Service for Subpoena served on Ray Patalsky on 08/01/2019, filed by SAM BIBBEE. (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
July 23, 2019 Opinion or Order Filing 42 ORDER GRANTING #41 Motion for Leave to Conduct Jurisdictional Discovery. Within fourteen (14) days of the date of this Order, Plaintiff shall serve a subpoena to testify on Ray Patalsky and serve discovery requests upon Defendant. Signed by Chief Judge Mark R. Hornak on 7/23/19. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
July 22, 2019 Filing 41 MOTION to Take Deposition from Ray Patalsky and conduct jurisdictional discovery by SAM BIBBEE. (Attachments: #1 Proposed Order) (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
July 17, 2019 Opinion or Order Filing 40 ORDER. It is hereby ORDERED as follows: (1) Based on the parties' representations at oral argument and the Plaintiffs notice that he iswithdrawing his opposition to Defendant Federal Signal's #19 Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(2), that Motion is hereby granted without prejudice. Federal Signal is dismissed without prejudice as a defendant in this case. (2) The parties shall complete jurisdictional discovery, with a view to whether this Court may exercise personal jurisdiction over Defendant Ox Bodies, on or before September 11, 2019. (3) On or before September 25, 2019, the parties shall file a Joint Status Report detailing whether the First Amended Complaint adequately asserts personal jurisdiction over Ox Bodies in Pennsylvania, and/or whether Ox Bodies concedes that this Court has personal jurisdiction over it in Pennsylvania. This Report will also state whether supplemental briefing on personal jurisdiction is necessary, and if so, provide a proposed scheduling order. (4) This case is administratively CLOSED and all proceedings are held in abeyance pending further Order of the Court. Signed by Chief Judge Mark R. Hornak on 7/17/19. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
July 11, 2019 Filing 39 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Oral Argument held on 7/11/19. (Court Reporter: Karen Earley) (jad) [Transferred from Pennsylvania Western on 10/7/2019.]
July 11, 2019 Filing 38 NOTICE of Appearance by Jason M. Reefer on behalf of FEDERAL SIGNAL CORPORATION, OX BODIES, INC.. (Reefer, Jason) [Transferred from Pennsylvania Western on 10/7/2019.]
July 8, 2019 Filing 37 NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION TO DISMISS by FEDERAL SIGNAL CORPORATION re #19 Motion to Dismiss, #20 Brief in Support of Motion (Attachments: #1 Exhibit A) (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
June 5, 2019 Opinion or Order Filing 36 SCHEDULING ORDER. An Oral Argument is hereby SCHEDULED for 7/11/19 at 1:30 PM in Courtroom 6A before Chief Judge Mark R. Hornak. Signed by Chief Judge Mark R. Hornak on 6/5/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
May 23, 2019 Opinion or Order Filing 35 ORDER CONTINUING ORAL ARGUMENT. Due to the Court's on-going criminal trial, the Oral Argument set for THIS DATE at 3:30 PM is hereby CONTINUED pending further Order of Court. Signed by Chief Judge Mark R. Hornak on 5/23/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
May 22, 2019 Filing 34 NOTICE. The proceeding in this matter set for 5/23/19 remains on the Court's calendar as of the filing of this notice. Counsel shall remain attentive to the docket, as that may change, due to the Court's on-going criminal trial. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
April 24, 2019 Opinion or Order Filing 33 SCHEDULING ORDER. An Oral Argument is hereby SCHEDULED for 5/23/19 at 3:30 PM in Courtroom 6A before Chief Judge Mark R. Hornak. Counsel shall be prepared to argue #17 Motion to Dismiss; and, #19 Motion to Dismiss. Signed by Chief Judge Mark R. Hornak on 4/24/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
April 22, 2019 Filing 32 Sur-Reply Brief re #28 Reply Brief, filed by SAM BIBBEE. (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
April 16, 2019 Opinion or Order Filing 31 ORDER GRANTING #30 Motion for Leave to File Sur-Reply. It is hereby ORDERED that this Motion is GRANTED. Plaintiff is hereby given leave to file a Sur Reply Brief in response to #28 Reply Brief of Ox Bodies, Inc. Plaintiff's Sur-Reply Brief shall not exceed five pages and shall be filed no later than 4/22/19. Signed by Chief Judge Mark R. Hornak on 4/16/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
April 16, 2019 Filing 30 MOTION for Leave to File Sur-Reply Brief by SAM BIBBEE. (Attachments: #1 Proposed Order) (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
April 15, 2019 Filing 29 REPLY BRIEF re #19 Motion to Dismiss, #20 Brief in Support of Motion filed by FEDERAL SIGNAL CORPORATION. (Attachments: #1 Exhibit A) (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
April 15, 2019 Filing 28 REPLY BRIEF re #18 Brief in Support of Motion, #17 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction filed by OX BODIES, INC.. (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
April 8, 2019 Opinion or Order Filing 27 ORDER GRANTING #26 Motion to Extend Time for Replies. I is hereby ORDERED that the deadline for Defendants to file replies in support of their pending motions to dismiss (Dkt. #17 , #19 ) is EXTENDED by a period of seven days,up to and including 4/15/19. Signed by Chief Judge Mark R. Hornak on 4/8/19. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
April 8, 2019 Filing 26 Consent MOTION to Extend Time to FILE REPLIES IN SUPPORT OF MOTIONS TO DISMISS, MOTION for Extension of Time to File Response/Reply as to #22 Response in Opposition, #24 Response to Motion, #23 Brief in Opposition to Motion, #25 Brief in Opposition to Motion by FEDERAL SIGNAL CORPORATION, OX BODIES, INC.. (Attachments: #1 Proposed Order) (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
April 1, 2019 Filing 25 BRIEF in Opposition re #19 Motion to Dismiss filed by SAM BIBBEE. (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
April 1, 2019 Filing 24 RESPONSE to Motion re #19 MOTION to Dismiss re #9 Amended Complaint, filed by SAM BIBBEE. (Attachments: #1 Proposed Order) (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
April 1, 2019 Filing 23 BRIEF in Opposition re #17 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction filed by SAM BIBBEE. (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
April 1, 2019 Filing 22 RESPONSE IN OPPOSITION to #17 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction, filed by SAM BIBBEE. (Attachments: #1 Proposed Order) (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
March 18, 2019 Filing 21 Disclosure Statement identifying None as corporate parent or other affiliate, by FEDERAL SIGNAL CORPORATION. (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
March 18, 2019 Filing 20 BRIEF in Support re #19 Motion to Dismiss filed by FEDERAL SIGNAL CORPORATION. (Attachments: #1 Exhibit A) (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
March 18, 2019 Filing 19 MOTION to Dismiss re #9 Amended Complaint, by FEDERAL SIGNAL CORPORATION. (Attachments: #1 Proposed Order) (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
March 18, 2019 Filing 18 BRIEF in Support re #17 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction filed by OX BODIES, INC.. (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
March 18, 2019 Filing 17 MOTION to Dismiss re #9 Amended Complaint MOTION to Dismiss for Lack of Jurisdiction by OX BODIES, INC. (Attachments: #1 Proposed Order) (Trischler, Clem) Modified text on 3/19/2019. (cel) [Transferred from Pennsylvania Western on 10/7/2019.]
January 28, 2019 Opinion or Order Filing 16 ORDER APPROVING #15 Stipulation for Extension of Time to Answer. The Defendants Ox Bodies, Inc. and Federal Signal Corporation shall answer the Amended Complaint or file a Rule 12 motion on or before 3/18/19. Signed by Chief Judge Mark R. Hornak on 1/28/19. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
January 25, 2019 Filing 15 Stipulation for Extension of Time to Answer by OX BODIES, INC., FEDERAL SIGNAL CORPORATION Answer due from OX BODIES, INC. on 3/18/2019; FEDERAL SIGNAL CORPORATION on 3/18/2019. (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
January 23, 2019 Filing 14 Disclosure Statement identifying Federal Signal Corporation as corporate parent or other affiliate, by OX BODIES, INC.. (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
January 23, 2019 Filing 13 WAIVER OF SERVICE Returned Executed by SAM BIBBEE. FEDERAL SIGNAL CORPORATION waiver sent on 1/22/2019, answer due 3/25/2019. (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
January 17, 2019 Filing 12 Summons Issued as to FEDERAL SIGNAL CORPORATION (jjg) [Transferred from Pennsylvania Western on 10/7/2019.]
January 17, 2019 Filing 11 PRAECIPE to Issue Summons by SAM BIBBEE (Attachments: #1 Summons) (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
January 17, 2019 Opinion or Order Filing 10 ORDER dismissing #7 Motion to Dismiss. The Motion is hereby DISMISSED WITHOUT PREJUDICE AS MOOT. Signed by Chief Judge Mark R. Hornak on 1/17/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
January 16, 2019 Filing 9 First AMENDED COMPLAINT against OX BODIES, INC., FEDERAL SIGNAL CORPORATION OX BODIES, INC. answer due 1/30/2019; FEDERAL SIGNAL CORPORATION answer due 1/30/2019, filed by SAM BIBBEE. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Giannetti, Anthony) [Transferred from Pennsylvania Western on 10/7/2019.]
January 9, 2019 Filing 8 BRIEF in Support re #7 Motion to Dismiss pursuant to Rule 12(b)(2) filed by OX BODIES, INC.. (Attachments: #1 Exhibit A) (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
January 9, 2019 Filing 7 MOTION to Dismiss pursuant to Rule 12(b)(2) by OX BODIES, INC.. (Attachments: #1 Proposed Order) (Trischler, Clem) [Transferred from Pennsylvania Western on 10/7/2019.]
January 9, 2019 Opinion or Order Filing 6 ORDER GRANTING #5 Motion for Brandon A. Swartz to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 1/9/19. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
January 9, 2019 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (jjg) [Transferred from Pennsylvania Western on 10/7/2019.]
January 8, 2019 Filing 5 MOTION for attorney Brandon A. Swartz to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4986069) by SAM BIBBEE. (Swartz, Brandon) [Transferred from Pennsylvania Western on 10/7/2019.]
January 8, 2019 Filing 4 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
January 8, 2019 Opinion or Order Filing 3 STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 1/8/19. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
January 8, 2019 Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (bdb) [Transferred from Pennsylvania Western on 10/7/2019.]
January 4, 2019 Filing 1 NOTICE OF REMOVAL from Allegheny County Court of Common Pleas, case number GD No. 18-15405 with Jury Demand. Copies attached: Complaint (Exhibit A) and Affidavit of Service (Exhibit B) (Filing fee, including Administrative fee, $400, receipt number 0315-4982555), filed by OX BODIES, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (jjg) [Transferred from Pennsylvania Western on 10/7/2019.]

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Search for this case: BIBBEE v. OX BODIES, INC.
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Plaintiff: SAM BIBBEE
Represented By: Brandon A. Swartz
Represented By: Anthony J. Giannetti
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Defendant: Federal Signal Corporation
Represented By: Clem C Trischler
Represented By: Jason M Reefer
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Defendant: Ox Bodies, Inc.
Represented By: Jason M Reefer
Represented By: Clem C Trischler
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