McSwain et al v. Premier Chevrolet, Inc. et al
| Allison McSwain and Nathan Gabbard |
| Premier Chevrolet, Inc., Step One Automotive BS AL, LLC an Alabama limited liability company doing business as Chevrolet Bessemer, Ally Financial Inc, Jennifer Gibson, Joshua Sizemore and Miranda Knox |
| 2:2023cv00171 |
| February 10, 2023 |
| US District Court for the Northern District of Alabama |
| Nicholas A Danella |
| Anna M Manasco |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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Filing 19
TEXT ORDER: The joint motion to stay, #15 , is GRANTED. The parties are ORDERED to file a joint status report on or before MAY 22, 2023. If necessary, a briefing schedule on the motion to dismiss and compel arbitration will be entered at that time. The parties should not expect further stays. Signed by Judge Anna M Manasco on 04/03/2023. (AKD)
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Filing 18
TEXT ORDER. Pursuant to the reassignment order #16 , the order regarding Rule 26 compliance #13 is VACATED. Signed by Judge Anna M Manasco on 3/21/2023. (FNC)
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Filing 17
TEXT ORDER. With the reassignment of this matter, the court CANCELS the phone conference set for March 22, 2023 at 10:00 AM. Signed by Magistrate Judge Nicholas A Danella on 3/21/2022. (FNC)
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| Filing 16 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 the Honorable Anna M. Manasco. Please use case number 2:23-cv-171-AMM on all subsequent pleadings. Magistrate Judge Nicholas A Danella no longer assigned to the case. (JLC) |
| Filing 15 Joint MOTION to Stay by Miranda Knox, Premier Chevrolet, Inc., Joshua Sizemore. (Stott, Joseph) |
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Filing 14
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 April 17, 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 April 17, 2023.A Telephone Status Conference is hereby SET for 10:00 AM on Wednesday, March 22, 2023. 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 3/2/2023. (JLC)
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Filing 13
VACATED -- See TO 18. ORDER REGARDING COMPLIANCE WITH RULE 26 reminding the parties of their obligations under FRCP 26(f). Rule 26 Meeting Report due by 4/6/2023. Signed by Magistrate Judge Nicholas A Danella on 3/2/2023. (JLC) Modified on 3/21/2023 (FNC).
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| Filing 12 ANSWER to Complaint , COUNTERCLAIM against Premier Chevrolet, Inc. by Jennifer Gibson.(Gilliland, Scott) |
| Filing 11 CROSSCLAIM against Premier Chevrolet, Inc., filed by Jennifer Gibson.(Gilliland, Scott) |
| Filing 10 MOTION to Dismiss Motion to Dismiss and Compel Arbitration by Miranda Knox, Premier Chevrolet, Inc., Joshua Sizemore. (Attachments: #1 Exhibit Exhibit A - Binding Pre-Dispute Arbitration Agreement)(Stott, Joseph) |
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Filing 9
TEXT ORDER GRANTING Defendant Step One Automotive BS AL, LLC's "Motion To Dismiss" (Doc. 5; Doc. 1-2 at 29) and Plaintiffs' "Consent To Dismiss Step One Automotive BS LLC" (Doc. 8). Plaintiffs' claims against Defendant Step One Automotive BS AL, LLC are DISMISSED without prejudice, and Defendant Step One Automotive BS AL, LLC is TERMINATED as a Defendant in this case. Signed by Magistrate Judge Nicholas A Danella on 2/22/2023. (JLC)
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| Filing 8 Consent MOTION to Dismiss Step One Automotive BS, LLC by Nathan Gabbard. (Parrish, Michael) |
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Filing 7
TEXT ORDER: Defendant Step One Automotive BS AL, LLC's "Motion To Dismiss" (Doc. 1-2 at 29), is construed as a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Any response to this motion is due on or before February 21, 2023. Defendant Step One's reply, if any, is due on or before February 28, 2023. Any response or reply brief is limited to no more than 3 pages. Signed by Magistrate Judge Nicholas A Danella on 2/13/2023. (JLC)
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| Filing 6 NOTICE OF ASSIGNMENT OF A CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL. (JLC) |
| Set Deadlines as to Defendant Step One Automotive BS AL, LLC's "Motion To Dismiss" (Doc. 1-2 at 29). Responses due on or before February 21, 2023. Replies due on or before February 28, 2023. (JLC) |
| Filing Fee received in the amount of $402.00, Credit Card receipt_number AALNDC-4270355, NDAL receipt #B3727. (Stott, Joseph) Modified on 2/13/2023 (JLC). |
| Filing 5 MOTION to Dismiss by Step One Automotive BS AL, LLC deemed filed in State Court on 1/18/2023. (DNW) |
| Filing 4 ANSWER to Complaint by Ally Financial Inc deemed filed in State Court on 1/17/2023.(DNW) |
| Filing 3 Disclosure Statement Pursuant to Local Rule 3.4 by Jennifer Gibson, Miranda Know and Joshua Sizemore (DNW) |
| Filing 2 NOTICE of Corporate Disclosure by Premier Chevrolet, Inc. (DNW) |
| Filing 1 NOTICE OF REMOVAL by Premier Chevrolet, Inc., Joshua Sizemore, Jennifer Gibson from Circuit Court Jefferson County, Alabama, case number 68-CV-2022-900689. (Attachments: #1 exh. a, #2 exh a2, #3 exh. b, #4 exh. c)(DNW) |
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