Smithen v. Boyd Bros Transportation Inc
| Devino Smithen |
| Boyd Bros Transportation Inc |
| 2:2023cv00127 |
| January 30, 2023 |
| US District Court for the Northern District of Alabama |
| Gray M Borden |
| Anna M Manasco |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 28
TEXT ORDER. Discovery is STAYED in this matter until a ruling is made on the pending Motion to Dismiss. Signed by Judge Anna M Manasco on 6/5/2023. (FNC)
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Filing 27
REPORT of Rule 26(f) Planning Meeting. (Evans, Daniel)
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Filing 26
TEXT ORDER. Pursuant to the reassignment order #25 , the order regarding Rule 26 compliance #20 is VACATED. Signed by Judge Anna M Manasco on 5/10/2023. (FNC)
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Filing 25
NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to theHonorable Anna M. Manasco. Magistrate Judge Gray M Borden no longer assigned to the case. The telephone conference set for 5/10/2023 is CANCELLED. (KAM)
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Filing 24
REPLY to Response to Motion re #13 MOTION to Dismiss filed by Boyd Bros Transportation Inc. (Smedstad, Adam)
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Filing 23
TEXT ORDER: The telephone conference number was incorrect in the court's earlier order. This order REPLACES that order. A telephone conference is SET for 10:00 AM on 05/10/2023 regarding the consent process. The parties are directed to dial 205-931-0422 and the phone conference ID is 485 340 895. The parties should call in no less than five minutes before the start of the call. If the parties encounter technical problems connecting to the call, please contact chambers directly. The telephone conference will be cancelled by separate order if all parties submit forms 24 hours in advance of the call. Signed by Magistrate Judge Gray M. Borden on 04/19/2023. (SUH)
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Filing 22
TEXT ORDER: A telephone conference is SET for 10:00 AM on 05/10/2023 regarding the consent process. The parties are directed to dial 205-933-0422 and the phone conference ID is 485 340 895. The parties should call in no less than five minutes before the start of the call. If the parties encounter technical problems connecting to the call, please contact chambers directly. The telephone conference will be cancelled by separate order if all parties submit forms 24 hours in advance of the call. Signed by Magistrate Judge Gray M. Borden on 04/19/2023. (SUH)
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Filing 21
RESPONSE in Opposition re #13 MOTION to Dismiss filed by Devino Smithen. (Evans, Daniel)
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Filing 20
VACATED - SEE TO 26 - ORDER REGARDING COMPLIANCE WITH RULE 26 The parties are reminded to conduct a conference pursuant to Federal Rule of Civil Procedure 26(f) within the next 21 days. Signed by Magistrate Judge Gray M Borden on 4/10/2023. (KAM) Modified on 5/10/2023 (FNC).
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Filing 19
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 the magistrate judge pursuant to 28 U.S.C. 636(c) no later than May 14, 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 May 14, 2023. Signed by Magistrate Judge Gray M Borden on 4/10/2023. (KAM)
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Filing 18
TEXT ORDER granting the Joint #17 Motion for Extension of Time. Plaintiff is ORDERED to file his response to the Motion to Dismiss on or before April 18, 2023. Any reply by Defendant should be filed on or before April 25, 2023. Signed by Magistrate Judge Gray M. Borden on 04/07/2023. (SUH)
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Filing 17
Joint MOTION for Extension of Time by Devino Smithen. (Evans, Daniel)
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Filing 16
TEXT ORDER re #13 Partial Motion to Dismiss filed by Defendant. Plaintiff is ORDERED to file a response to the motion on or before April 11, 2023, and Defendant may file a reply on or before April 18, 2023. Signed by Magistrate Judge Gray M. Borden on 03/28/2023. (SUH)
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Filing 15
ANSWER to #1 Complaint and Affirmative Defenses by Boyd Bros Transportation Inc.(Smedstad, Adam)
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Filing 14
Brief re #13 MOTION to Dismiss filed by Boyd Bros Transportation Inc. (Smedstad, Adam)
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Filing 13
MOTION to Dismiss by Boyd Bros Transportation Inc. (Attachments: #1 Text of Proposed Order)(Smedstad, Adam)
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Filing 12
TEXT ORDER: The [9, 10, 11] motions to allow Andrew Ireland, Paul D. Root, and Adam Smedstad to appear pro hac vice on behalf of Boyd Bros. Transportation, Inc. are GRANTED. Signed by Magistrate Judge Gray M. Borden on 03/16/2023. (SUH)
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PHV Fee paid: $75, receipt number B-4273 (KAM)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice of Adam Smedstad by Boyd Bros Transportation Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Ball, C)
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PHV Fee paid: $75, receipt number B-4269 (KAM)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice Paul D. Root by Boyd Bros Transportation Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Ball, C)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice of Andrew Ireland by Boyd Bros Transportation Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Ball, C)
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PHV Fee paid: $ 75, receipt number AALNDC-4293828. (Ball, C) NDAL rec# B-4265 Modified on 3/15/2023 (KAM).
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Filing 8
TEXT ORDER: Defendant Boyd Bros. Transportation, Inc.'s unopposed #7 Motion for Extension of Time to File Answer is GRANTED. Defendant is ORDERED to file its response to the complaint on or before 3/29/2023. Signed by Magistrate Judge Gray M. Borden on 2/27/2023. (KAB2,)
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Filing 7
MOTION for Extension of Time , MOTION for Extension of Time to File Answer by Boyd Bros Transportation Inc. (Ball, C)
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Filing 6
Corporate Disclosure Statement by Boyd Bros Transportation Inc. filed by Boyd Bros Transportation Inc (Ball, C)
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Filing 5
NOTICE of Appearance by C Steven Ball on behalf of Boyd Bros Transportation Inc (Ball, C)
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Filing 4
SUMMONS Returned Executed by Devino Smithen. Boyd Bros Transportation Inc served on 2/13/2023, answer due 3/6/2023. (KAM)
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Filing 3
Summons Issued as to Boyd Bros Transportation Inc mailed certified mail. (KAM)
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Filing Fee: Filing fee $ 402, receipt_number AALNDC-4261072. related document #1 COMPLAINT against Boyd Bros Transportation Inc, filed by Devino Smithen. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(KAM). (Evans, Daniel) NDAL rec# B-3489 Modified on 1/31/2023 (KAM).
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Filing 2
Request for service by certified mail filed by Devino Smithen. (KAM)
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Filing 1
COMPLAINT against Boyd Bros Transportation Inc, filed by Devino Smithen. (Attachments: #1 Exhibit A, #2 Exhibit B)(KAM)
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| Plaintiff: Devino Smithen | |
| Represented By: | Daniel Patrick Evans |
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| Defendant: Boyd Bros Transportation Inc | |
| Represented By: | C Steven Ball |
| Represented By: | Adam Carl Smedstad |
| Represented By: | Andrew James Ireland |
| Represented By: | Paul D Root |
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