Hammond et al v. Longfellow et al
| James Hammond and Hammond Knives & Designs LLC |
| Joshua T Longfellow, Anchor Express Inc and FedEx Ground Package System Inc |
| 2:2023cv01260 |
| September 22, 2023 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Interstate Commerce Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
TEXT ORDER. Plaintiffs James Hammond and Hammond Knives & Designs LLC filed an #6 amended complaint asserting claims against several defendants, including the following claims against Defendant FedEx Ground Package System, Inc.: (1) breach of contract and/or breach of duties under the Carmack Amendment ("Count One"); (2) breach of bailment obligations under state law ("Count Two"); (3) breach of contract under state law ("Count Four"); and (4) respondeat superior under state law ("Count Five"). FedEx #12 moves to dismiss Counts Two, Four, and Five for failure to state a claim against FedEx. Plaintiffs filed a #16 notice consenting to the dismissal of those claims. Accordingly, the court DISMISSES the parts of Counts Two, Four, and Five naming FedEx as a defendant. Signed by Judge Annemarie Carney Axon on 11/8/2023. (RMM)
|
| Filing 16 RESPONSE to Motion re #12 MOTION to Dismiss FEDEX GROUND'S MOTION TO DISMISS PLAINTIFFS' CLAIMS filed by James Hammond, Hammond Knives & Designs LLC. (Gresham, W) |
| Filing 15 REPORT of Rule 26(f) Planning Meeting. (Dodd, Katelyn) |
|
Filing 14
TEXT ORDER re #12 Fedex Ground's Motion to Dismiss Plaintiffs' Claims - Plaintiffs shall file their response on or before November 7, 2023; defendant's reply, if any, is due on or before November 14, 2023. Signed by Judge Annemarie Carney Axon on 10/24/23. (SAC)
|
| Filing 13 Brief re #12 MOTION to Dismiss FEDEX GROUND'S MOTION TO DISMISS PLAINTIFFS' CLAIMS FEDEX GROUND'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS' CLAIMS filed by FedEx Ground Package System Inc. (Dodd, Katelyn) |
| Filing 12 MOTION to Dismiss FEDEX GROUND'S MOTION TO DISMISS PLAINTIFFS' CLAIMS by FedEx Ground Package System Inc. (Dodd, Katelyn) |
|
Filing 11
ORDER The court DENIES the motion to clarify and amend. Rule 15 is clear: "A party may amend its pleading once as a matter of course within" specified time periods. Fed. R. Civ. P. 15(a)(1). Plaintiffs have amended their complaint once, albeit at the court's order; thus, they no longer have a right to amend as a matter of course. If Plaintiffs had chosen to amend their complaint to bring it into compliance with the Federal Rules, that would have counted as their one amendment as a matter of course. See Fed. R. Civ. P. 15(a)(1). The fact that they waited for the court to order amendment does not change the fact that they have now amended once, and subsequent amendments must be with the opposing parties' consent or the court's permission. See Fed. R. Civ. P. 15(a)(2). Signed by Judge Annemarie Carney Axon on 10/19/2023. (RMM)
|
| Filing 10 Summons Returned Unexecuted by James Hammond, Hammond Knives & Designs LLC as to Anchor Express Inc. (RMM) |
| Filing 9 Summons Issued as to Anchor Express Inc, Joshua T Longfellow via certified mail. (RMM) |
| Filing 8 MOTION to Amend/Correct #5 Order,,,, Set Deadlines,,, by James Hammond, Hammond Knives & Designs LLC. (Gresham, W) |
| Filing 7 Request for service by certified mail filed by James Hammond, Hammond Knives & Designs LLC. (Gresham, W) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by James Hammond, Hammond Knives & Designs LLC.(Gresham, W) |
|
Filing 5
ORDER In light of the shotgun nature of the complaint, the court ORDERS Plaintiffs to replead the complaint in conformity with Rules 8(a)(2) and 10(b) and the Eleventh Circuit's instructions about pleading a complaint. See, e.g., Weiland, 792 F.3d at 1320. Plaintiffs must file the amended complaint on or before October 10, 2023. The court reminds Plaintiffs that "[a] party may amend its pleading once as a matter of course." Fed. R. Civ. P. 15(a)(1) (emphasis added). The repleaded complaint will be Plaintiffs' only opportunity to amend as a matter of course. After the first amendment, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Signed by Judge Annemarie Carney Axon on 09/26/2023. (RMM)
|
|
Filing 4
ORDER REGARDING COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(f). Signed by Judge Annemarie Carney Axon on 9/25/23. (SAC)
|
|
Filing 3
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 9/25/23. (SAC)
|
| Filing 2 Corporate Disclosure Statement by FedEx Ground Package System Inc. filed by FedEx Ground Package System Inc (Dodd, Katelyn) |
| Filing 1 NOTICE OF REMOVAL by FedEx Ground Package System Inc from Shelby County Circuit Court, case number 58-CV-2023-591, filed by FedEx Ground Package System Inc.(Attachments: #1 Exhibit A, #2 Exhibit B)(RMM) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4433806, NDAL receipt number B-7532. related document #1 NOTICE OF REMOVAL by FedEx Ground Package System Inc from Shelby County Circuit Court, case number 58-CV-2023-591, filed by FedEx Ground Package System Inc.(Attachments: # 1 Exhibit A, # 2 Exhibit B)(RMM). (Dodd, Katelyn) Modified on 9/22/2023 (RMM). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Alabama Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
