Huey et al v. Birmingham Wholesale Auto LLC et al
| Jesse Huey and Kimberly Huey |
| Birmingham Wholesale Auto LLC, Carvana LLC doing business as Carvana and Credit Acceptance Corporation |
| 2:2022cv01468 |
| November 22, 2022 |
| US District Court for the Northern District of Alabama |
| Nicholas A Danella |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: Telephone Conference held on 1/19/2023. Appearing for Plaintiffs were Michael Parrish and Thomas Donald, for dft Birmingham Wholesale was James Spinks, and for dft Carvana was Xan Flowers and for dft Credit Acceptance was Matthew Mitchell. (Court Reporter Lauren Shirley.) (JLC) |
| Filing 17 RESPONSE in Opposition re #11 MOTION to Stay Pending Arbitration filed by Jesse Huey, Kimberly Huey. (Parrish, Michael) |
Filing 16
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by Magistrate Judge Nicholas A Danella on 1/12/2023. (MEB2)
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| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge by Kimberly Huey, Jesse Huey, Birmingham Wholesale Auto LLC, Credit Acceptance Corporation, Carvana LLC. (JLC) |
| Filing 14 NOTICE of Appearance by James Lawrence Spinks on behalf of Birmingham Wholesale Auto LLC (Spinks, James) |
| Filing 13 NOTICE: All parties, including the parties whose actions are currently stayed, are required to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) by no later than January 13, 2023. (JLC) |
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Filing 12
TEXT ORDER: A telephone conference to discuss Defendant Carvana's "Motion To Stay Pending Arbitration" (Doc. #11 ) is SET for Thursday, January 19, 2023 at 10:30 AM. The parties should dial 888-363-4735 and enter access code 6785641 to participate in the conference. Signed by Magistrate Judge Nicholas A Danella on 1/9/2023. (JLC)
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| Filing 11 MOTION to Stay Pending Arbitration by Carvana LLC. (Barley, Matthew) |
| Filing 10 REPORT of Rule 26(f) Planning Meeting. (Barley, Matthew) |
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Filing 9
TEXT ORDER: The telephone conference set for Tuesday, December 20, 2022 is CANCELLED. Signed by Magistrate Judge Nicholas A Danella on 12/19/2022. (KSS)
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Filing 8
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) by no later than January 13, 2023. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a randomly drawn district judge without further order after January 13, 2023. A Telephone Status Conference is hereby SET for 10:00 AM on Tuesday, December 20, 2022. The parties are DIRECTED to call 888-363-4735 access code 6785641 five minutes prior to the start time of the conference. Signed by Magistrate Judge Nicholas A Danella on 11/29/2022. (JLC)
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Filing 7
ORDER REGARDING COMPLIANCE WITH RULE 26; Reminding the parties of their obligations under FRCP 26(f). Rule 26 Meeting Report due by 1/3/2023. Signed by Magistrate Judge Nicholas A Danella on 11/29/2022. (JLC)
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Filing 6
ORDER GRANTING #5 Joint MOTION to Compel Arbitration and Stay. It is therefore ORDERED, ADJUDGED and DECREED that all claims asserted by Plaintiffs in the above-styled matter against the Arbitration Defendants are hereby compelled to arbitration and stayed. Nothing in this Order shall impact Plaintiffs' claims against defendant Carvana, LLC. Signed by Magistrate Judge Nicholas A Danella on 11/29/2022. (JLC)
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| Filing 5 Joint MOTION to Compel Plaintiff's Claims Against Birmingham Wholesale Auto, LLC and Credit Acceptance Corporation to Arbitration, Joint MOTION to Stay Claims Against Birmingham Wholesale Auto, LLC and Credit Acceptance Corporation by Credit Acceptance Corporation. (Attachments: #1 Exhibit A - Retail Installment Contract, #2 Text of Proposed Order Proposed Order)(Mitchell, Matthew) |
| Filing 4 Corporate Disclosure Statement by Carvana LLC. filed by Carvana LLC (Barley, Matthew) |
| Filing 3 ANSWER to Complaint Carvana, LLC's Answer by Carvana LLC.(Barley, Matthew) |
| Filing 2 NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL (KAM) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4216015. ALND receipt number 2412. related document #1 NOTICE OF REMOVAL by Carvana LLC from Jefferson County Circuit Court, case number 2022-903148., filed by Carvana LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(KAM). (Barley, Matthew) |
| Filing 1 NOTICE OF REMOVAL by Carvana LLC from Jefferson County Circuit Court, case number 2022-903148., filed by Carvana LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(KAM) |
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