Morris-Shea Bridge Company Inc v. Zuleger
Plaintiff: Morris-Shea Bridge Company Inc
Defendant: Eric Zuleger
Case Number: 2:2022cv00122
Filed: January 28, 2022
Court: US District Court for the Northern District of Alabama
Presiding Judge: Nicholas A Danella
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2022 Opinion or Order Filing 26 TEXT ORDER: Based on the parties' joint status report (Doc. #25 ), the court SUSPENDS the briefing, scheduling, and hearing deadlines on Defendant's motion to dismiss or transfer (Doc. #16 ), and on Plaintiff's motion for preliminary injunction (Doc. #7 ; Doc. #9 ). The parties are ORDERED to submit a joint status report on or before April 7, 2022. Signed by Magistrate Judge Nicholas A Danella on 3/23/2022. (DNW)
March 23, 2022 Filing 25 STATUS REPORT Joint Status Report by Morris-Shea Bridge Company Inc. filed by Morris-Shea Bridge Company Inc (Waldrop, E)
March 8, 2022 Opinion or Order Filing 24 TEXT ORDER: Based on the parties' joint status report (Doc. #23 ), the court SUSPENDS the briefing, scheduling, and hearing deadlines on Defendant's motion to dismiss or transfer (Doc. #16 ), and on Plaintiff's motion for preliminary injunction (Doc. #7 ; Doc. #9 ). The parties are ORDERED to submit a joint status report on or before March 23, 2022. Signed by Magistrate Judge Nicholas A Danella on March 8, 2022. (MEB2)
March 8, 2022 Filing 23 STATUS REPORT Joint Status Report by Morris-Shea Bridge Company Inc. filed by Morris-Shea Bridge Company Inc (Waldrop, E)
February 24, 2022 Filing Fee: Filing fee $ 402, receipt_number 1126-4019646 (B4601118691). related document #1 NOTICE OF REMOVAL by Eric Zuleger from Circuit Court of Jefferson County, Alabama, case number 01-cv-2022-900174, filed by Eric Zuleger. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (MEB2). (Sansbury, Michael) Modified on 2/24/2022 (DNW, ).
February 15, 2022 Opinion or Order Filing 22 ORDER: The parties' "Joint Request for Suspension of Briefing and Submission Schedules" (Doc. #21 ) is GRANTED. The court SUSPENDS the briefing, scheduling, and hearing deadlines on defendant's motion to dismiss or transfer (Doc. #16 ), and on plaintiff's motion for preliminary injunction (Doc. #7 ; Doc. #9 ). In addition, the telephone conference currently set for Thursday, February 24, 2022, is CANCELLED. The parties are ORDERED to submit a joint status report on or before March 8, 2022. Signed by Magistrate Judge Nicholas A Danella on February 15, 2022. (MEB2)
February 15, 2022 Filing 21 Joint MOTION for Extension of Time Joint Request for Suspension of Briefing and Submission Schedules by Morris-Shea Bridge Company Inc. (Waldrop, E)
February 11, 2022 Filing 20 Transcript of Proceedings held on February 9, 2022, before Judge Nicholas A. Danella. Court Reporter/Transcriber Carrie M. Robinson, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/4/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/12/2022. (KAM)
February 10, 2022 Opinion or Order Filing 19 ORDER: Plaintiff Morris-Shea Bridge Company, Inc.'s "Motion For Preliminary Injunction Hearing" (Doc. #7 ) is GRANTED. As discussed during the February 9, 2022 motion hearing, Plaintiff Morris-Shea's motion for a preliminary injunction is due on or before March 1, 2022. Defendant's opposition to the motion is due on or before March 8, 2022. Plaintiff's reply, if any, is due on or before March 15, 2022. The court will set a hearing on the motion by separate order. The court SETS a telephone status conference for Thursday, February 24, 2022 at 10:00 AM. The parties should dial 888-363-4735 access code 6785641. Signed by Magistrate Judge Nicholas A Danella on February 10, 2022. (MEB2)
February 9, 2022 Opinion or Order Filing 18 ORDER DENYING PLAINTIFF'S EMERGENCY RENEWED MOTION FOR TEMPORARY RESTRAINING ORDER: For the reasons stated within and on the record during the February 9, 2022 motion hearing, the court DENIES without prejudice Plaintiff Morris-Shea Bridge Company, Inc.'s "Emergency Renewed Motion For Temporary Restraining Order" (Doc. #14 ). In sum, based on the limited record before the court at this time, there are just too many doubts and too many disputed issues for the court to conclude that Morris-Shea carried the burden necessary for a TRO. Accordingly, Morris-Shea's TRO motion (Doc. #14 ) is DENIED without prejudice. Signed by Magistrate Judge Nicholas A Danella on February 9, 2022. (MEB2)
February 9, 2022 Filing 17 RESPONSE in Opposition re #14 Emergency MOTION for Temporary Restraining Order filed by Eric Zuleger. (Attachments: #1 Exhibit A)(Kipp, Grace)
February 9, 2022 Filing 16 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, Transfer by Eric Zuleger. (Attachments: #1 Exhibit A (Second Declaration of Eric Zuleger))(Sansbury, Michael)
February 9, 2022 Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: (ZOOM) Motion Hearing held on 2/9/2022 re #14 Emergency MOTION for Temporary Restraining Order filed by Morris-Shea Bridge Company Inc; Attys Waldrop & Campbell for pla; Attys Sansbury & Kipp for deft; court's opening remarks; plaintiff witness testimony; testimony by deft; plaintiff's oral motion to strike testimony DENIED in open court; court's questions; arguments by counsel; court takes motion under submission; order to be entered; hrg adj (Court Reporter Carrie Robinson) (MEB2)
February 8, 2022 Opinion or Order Filing 15 ORDER re #14 Emergency MOTION for Temporary Restraining Order filed by Morris-Shea Bridge Company Inc; The court SETS a Motion Hearing for Wednesday, 2/9/2022 at 12:00 PM before Magistrate Judge Nicholas A Danella. The hearing will be conducted by Zoom; Zoom login information will be emailed by the courtroom deputy to counsel of record. The parties shall be prepared to present oral argument on the motion, and may present additional evidence as appropriate. In addition, the parties are invited -but not required- to submit briefing and/or any additional evidence in opposition to, or in support of, Plaintiff's motion for a "TRO" (Doc. #14 ) by no later than 10:00 AM tomorrow, Wednesday, February 9, 2022. The parties also may address the proper amount of security, should the court issue a TRO. Signed by Magistrate Judge Nicholas A Danella on February 8, 2022. (MEB2)
February 8, 2022 Filing 14 Emergency MOTION for Temporary Restraining Order by Morris-Shea Bridge Company Inc. (Attachments: #1 Exhibit A - Declaration of Adam Kimmich, #2 Text of Proposed Order)(Waldrop, E)
February 8, 2022 Opinion or Order Filing 13 INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by Magistrate Judge Nicholas A Danella on February 8, 2022. (MEB2)
February 8, 2022 Filing 12 CONSENT to Jurisdiction by US Magistrate Judge by Eric Zuleger, Morris-Shea Bridge Company Inc. (DNW)
February 7, 2022 Opinion or Order Filing 11 TEXT ORDER: For the reasons discussed during the February 7, 2022 status conference, the parties are ORDERED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge no later than today, Monday, February 7, 2022. In the absence of consent by all parties, the Clerk is DIRECTED to reassign the case to a district judge without further order tomorrow, Tuesday, February 8, 2022. The telephone conference currently set for Monday, February 21, 2022, is CANCELLED. Signed by Magistrate Judge Nicholas A Danella on February 7, 2022. (MEB2)
February 7, 2022 Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: Telephone (Status) Conference held on 2/7/2022; Attorneys Waldrop & Smithart present for plaintiff; Attorneys Sansbury & Kipp present for defendant (MEB2)
February 4, 2022 Opinion or Order Filing 10 ORDER: On Plaintiff Morris-Shea Bridge Company, Inc.'s "Motion For Preliminary Injunction Hearing" (Doc. #7 ), the court sets a telephone status conference for Monday, February 7, 2022, at 9:30 AM. Defendant Eric Zuleger's "Motion To Dismiss Or, Alternatively, Transfer" (Doc. #2 ) is DENIED as moot. Defendant's motion to dismiss Plaintiff's Amended Complaint (Doc. #6 ) is due on or before February 9, 2022. Plaintiff's opposition is due on or before February 16, 2022. And Defendant's reply, if any, is due on or before February 23, 2022. Signed by Magistrate Judge Nicholas A Danella on 2/4/2022. (DNW)
February 4, 2022 Filing 9 STATUS REPORT Joint Status Report by Morris-Shea Bridge Company Inc. filed by Morris-Shea Bridge Company Inc (Waldrop, E)
February 1, 2022 Opinion or Order Filing 8 TEXT ORDER: Defendant Eric Zuleger has filed a "Motion To Dismiss Or, Alternatively, Transfer" (Doc. #2 ), and Plaintiff Morris-Shea Bridge Company, Inc. has filed a "Motion For Preliminary Injunction Hearing" (Doc. #7 ). The parties are ORDERED to meet and confer on a briefing schedule and proposed hearing date(s) for those two pending motions (to the extent that Defendant's motion is not mooted by Plaintiff's Amended Complaint, Doc. #6 ). The parties are ORDERED to file a joint status report that includes a proposed briefing and hearing schedule on or before Friday, February 4, 2022. Signed by Magistrate Judge Nicholas A Danella on 2/1/2022. (DNW) Modified on 2/1/2022 (MEB2).
February 1, 2022 Filing 7 MOTION for Preliminary Injunction Hearing by Morris-Shea Bridge Company Inc. (Waldrop, E)
February 1, 2022 Filing 6 AMENDED COMPLAINT Amended Complaint for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Damages against Eric Zuleger, filed by Morris-Shea Bridge Company Inc.(Waldrop, E)
January 31, 2022 Opinion or Order Filing 5 ORDER: Pursuant to 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 no later than March 17, 2022. 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 17, 2022. A telephone conference is hereby SET for 10:15 AM on Monday, February 21, 2022. The parties are DIRECTED to call 888-363-4735 access code 6785641. Signed by Magistrate Judge Nicholas A Danella on January 31, 2022. (MEB2)
January 31, 2022 Filing 4 NOTICE of Appearance by Grace L Kipp on behalf of Eric Zuleger (Kipp, Grace)
January 31, 2022 Filing 3 NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL: You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. (MEB2)
January 31, 2022 Filing 2 MOTION to Dismiss or, Alternatively, Transfer by Eric Zuleger. (Sansbury, Michael)
January 28, 2022 Filing 1 NOTICE OF REMOVAL by Eric Zuleger from Circuit Court of Jefferson County, Alabama, case number 01-cv-2022-900174, filed by Eric Zuleger. (Attachments: #1 Exhibit A, #2 Exhibit B) (MEB2)

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Plaintiff: Morris-Shea Bridge Company Inc
Represented By: E Glenn Waldrop, Jr
Represented By: M Wesley Smithart
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Defendant: Eric Zuleger
Represented By: Michael Sansbury
Represented By: Grace L Kipp
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