Davis v. Mapco Express,Inc.
Plaintiff: Brooke Davis
Defendant: Mapco Express,Inc. and Delek US Holdings Inc
Case Number: 5:2013cv01133
Filed: June 14, 2013
Court: US District Court for the Northern District of Alabama
Presiding Judge: Madeline Hughes Haikala
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 1, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2014 Opinion or Order Filing 36 ORDER DISMISSING CASE - The Court DISMISSES WITHOUT PREJUDICE all of the plaintiffs claims against the defendants. Signed by Judge Madeline Hughes Haikala on 10/1/2014. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(KEK)
September 26, 2014 Filing 35 MOTION to Dismiss PLAINTIFF'S VOLUNTARY MOTION TO DISMISS WITHOUT PREJUDICE by Brooke Davis. (Davis, Gregory)
September 26, 2014 Filing 34 MOTION to Dismiss Without Prejudice by Brian Burton. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(Wood, Edward)
September 26, 2014 Filing 33 MOTION to Dismiss by Ian Yeager. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(Hellums, Christopher)
September 17, 2014 Filing 32 NOTICE by Delek US Holdings Inc, Mapco Express Inc, Mapco Express,Inc., Deleck US Holdings, Inc. of Filing Motion to Dismiss Phillips Case (Attachments: #1 Exhibit A - Phillips Motion to Dismiss, #2 Exhibit B - Phillips Brief)Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(Richie, John)
September 15, 2014 Opinion or Order Filing 31 TEXT ORDER On July 8, 2013, the Court deferred ruling on Mr. Burton's motion to preserve evidence until the Court ruled on MAPCO's June 6, 2013 motion to dismiss challenging subject matter jurisdiction. (See Doc. 12). The Court has found that Mr. Burton's initial and amended complaints do not contain allegations of fact sufficient to demonstrate that the Court has subject matter jurisdiction over his claims. (See Docs. 16, 42, 43). Therefore, the Court DENIES Mr. Burton's motion to preserve evidence because that motion is premature until the the Court issues a final ruling on subject matter jurisdiction. As the Court noted in its July 8, 2013 order, MAPCO's counsel presumably has directed MAPCO to preserve evidence in accordance with the Federal Rules of Civil Procedure and binding case law. Should Mr. Burton's second amended complaint contain allegations of fact sufficient to establish subject matter jurisdiction, then the parties should be prepared to discuss any issues concerning preservation of evidence at the October 6, 2014 status conference in this matter. The Clerk is directed to please TERM Doc. 10 in 5:13-cv-919-MHH. Signed by Judge Madeline Hughes Haikala on 9/15/14. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(ASL)
September 12, 2014 Opinion or Order Filing 30 ORDER-Consistent with the Memorandum Opinion (42 in 5:13-cv-00919-MHH), the Court, GRANTS IN PART and DENIES IN PART the dfts' motion to dismiss (21 in 5:13-cv-00919-MHH). The court DISMISSES Mr. Burton's Fair Credit Reporting Act claims and invasion of privacy claims (Counts I, II, and III) with prejudice. The court denies the dfts' motion to dismiss Mr. Burton's negligence claim (Count IV). The court gives Mr. Burton leave to file a second amended complaint by 9/26/2014. The Court sets this action for a status conference on 10/6/2014 at 2:00 p.m. Signed by Judge Madeline Hughes Haikala on 9/12/2014. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(AVC)
September 12, 2014 Filing 29 MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 9/12/2014. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(AVC)
September 12, 2014 Filing 28 REPLY to Response to Motion re (37 in 5:13-cv-00919-MHH, 28 in 5:14-cv-00756-MHH, 24 in 5:13-cv-01133-MHH, 19 in 5:13-cv-01141-MHH, 31 in 5:14-cv-00806-MHH) MOTION to Stay Further Proceedings Pending Resolution of Winsouth Credit Union's Motion for Transfer Pursuant to 28 U.S.C. 1404 Supplemental filed by Brian Burton. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(Wood, Edward)
September 9, 2014 Filing 27 REPLY to Response to Motion re (37 in 5:13-cv-00919-MHH, 28 in 5:14-cv-00756-MHH, 24 in 5:13-cv-01133-MHH, 19 in 5:13-cv-01141-MHH, 31 in 5:14-cv-00806-MHH) MOTION to Stay Further Proceedings Pending Resolution of Winsouth Credit Union's Motion for Transfer Pursuant to 28 U.S.C. 1404 filed by Brian Burton. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(Wood, Edward)
September 4, 2014 Filing 26 RESPONSE in Opposition re (31 in 5:14-cv-00806-MHH) MOTION to Stay Further Proceedings Pending Resolution of Winsouth Credit Union's Motion for Transfer Pursuant to 28 U.S.C. 1404 filed by Mapco Express Inc. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(Richie, John)
August 28, 2014 Opinion or Order Filing 25 TEXT ORDER On August 27, 2014, plaintiff Brian Burton filed a motion to stay pending resolution of a motion for transfer to the Middle District of Tennessee for MDL proceedings. (Doc. 37 ). The Court SETS this matter for a telephone conference at 2:00 p.m. on September 4, 2014. The parties should dial 205-278-2186 and enter access code 3893 to participate in the call. Signed by Judge Madeline Hughes Haikala on 8/28/14. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(ASL)
August 27, 2014 Filing 24 MOTION to Stay Further Proceedings Pending Resolution of Winsouth Credit Union's Motion for Transfer Pursuant to 28 U.S.C. 1404 by Brian Burton. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(Wood, Edward)
May 20, 2014 Opinion or Order Filing 23 INITIAL ORDER -. Signed by Judge Madeline Hughes Haikala on 5/19/2014. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(TLM, )
May 19, 2014 Opinion or Order Filing 22 TEXT ORDER The Court sets this matter for a telephone status conference on May 21, 2014 at 11:00 a.m. The parties should dial 278-2186 (local) or 866-933-0528 (long-distance) and enter pin number 2893 to participate in the call. Signed by Judge Madeline Hughes Haikala on 5/19/14. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(ASL)
May 15, 2014 Filing 21 NOTICE OF CONSOLIDATION Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(ASL)
May 15, 2014 Opinion or Order Filing 20 ORDER OF CONSOLIDATION granting Motions to Consolidate Cases 5:14-cv-806-IPJ and 2:14-cv-756-KOB with lead case number 5:13-cv-919-MHH; all future motions and other filings related to these cases shall use first-filed case #5:13-cv-919-MHH. Signed by Judge Madeline Hughes Haikala on 5/14/14. Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH, 5:14-cv-00756-MHH, 5:14-cv-00806-MHH(ASL)
May 12, 2014 Filing 19 Consent MOTION to Consolidate Cases by Delek US Holdings Inc, Mapco Express,Inc., MAPCO Express Inc. (Attachments: #1 Exhibit A - Transfer Order, #2 Exhibit B - Order of Consolidation)Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH(Richie, John)
May 7, 2014 Filing 18 Joint MOTION to Consolidate Cases and Toll Responsive Pleading Deadline by Delek US Holdings Inc, Mapco Express,Inc., MAPCO Express Inc. (Attachments: #1 Exhibit A - Guinn Transfer Order, #2 Exhibit B - Burton Consolidation Order, #3 Exhibit C - Guinn Motion, #4 Exhibit D - Guinn Order)Associated Cases: 5:13-cv-00919-MHH, 5:13-cv-01133-MHH, 5:13-cv-01141-MHH(Richie, John)
February 25, 2014 Opinion or Order Filing 17 ORDER OF CONSOLIDATION- re: Motion to Dismiss or, in the Alternative Motion to Transfer and, Motion to Stay (#11 in 5:13-cv-0919). The court GRANTS the Motion to Transfer and Consolidate. Signed by Judge Madeline Hughes Haikala on 2/25/2014. (AVC)
February 19, 2014 Set/Reset Scheduling Order Deadlines: Proposed pretrial conference 6/19/2014 to be more specifically set by separate order at later date (SCL, )
February 10, 2014 Opinion or Order Filing 16 ORDER -The pretrial conference previously set for 2/13/2014 is CANCELLED. Signed by Judge Robert B Propst on 2/10/2014. (AVC)
December 12, 2013 Opinion or Order Filing 15 ORDER SCHEDULING PRETRIAL CONFERENCE Pretrial Conference set for 2/13/2014 at 09:15 AM in chambers, US Courthouse, Anniston, AL before Judge Robert B Propst. Signed by Judge Robert B Propst on 12/12/13. (ASL)
September 12, 2013 Set/Reset Scheduling Order Deadlines: Discovery due by 12/12/2013; proposed pretrial conference 2/13/2014 to be set by separate order at later date (SCL, )
July 19, 2013 Filing 14 NOTICE of Supplemental Authority by Mapco Express,Inc. (Attachments: #1 Exhibit A - Yeager Order)(Goodman, John) Modified on 7/19/2013 (AVC).
July 12, 2013 Filing 13 SUMMONS Returned Executed Delek US Holdings Inc served on 7/9/2013, answer due 7/30/2013; Mapco Express,Inc. served on 7/9/2013, answer due 7/30/2013. (AVC)
July 11, 2013 Opinion or Order Filing 12 ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS-reminding parties of their obligations under FRCP 26(f) and Local Rule LR26.1(d)- with appendices attached. Signed by Judge Robert B Propst on 7/11/2013. (AVC)
July 11, 2013 Set/Reset Scheduling Order Deadlines: Rule 26 Meeting Report due by 8/26/2013. (SCL, )
July 8, 2013 Filing 11 Summons Issued as to Delek US Holdings Inc, Mapco Express,Inc.; mailed certified maill. (AVC)
July 3, 2013 Filing 10 Corporate Disclosure Statement by Mapco Express,Inc (Goodman, John) Modified on 7/3/2013 (AVC).
July 3, 2013 Filing 9 MOTION to Dismiss or, in the Alternative, Motion to Transfer and, MOTION to Stay re #1 Complaint by Mapco Express,Inc.. (Attachments: #1 Exhibit A - Burton Complaint, #2 Exhibit B - Davis Complaint, #3 Exhibit C - Yeager Complaint)(Goodman, John)
July 2, 2013 Filing 8 FIRST AMENDED COMPLAINT against All Defendants, filed by Brooke Davis.(Davis, Gregory) Modified on 7/2/2013 (AVC).
June 18, 2013 Opinion or Order Filing 7 ORDER OF RECUSAL. Judge Virginia Emerson Hopkins hereby RECUSES herself from this case. Case reassigned to Judge Robert B Propst for all further proceedings. Please use case # 4:13-cv- 1133-RBP on all further proceedings. Signed by Judge Virginia Emerson Hopkins on 6/18/2013. (JLC)
June 17, 2013 Filing 6 REQUEST FOR SERVICE BY CERTIFIED MAIL by Brooke Davis (Davis, Gregory) Modified on 6/17/2013 (JLC).
June 17, 2013 Filing 5 Corporate Disclosure Statement by Brooke Davis. filed by Brooke Davis (Davis, Gregory)
June 17, 2013 Opinion or Order Filing 4 ORDER REGARDING RULE 7.1. Signed by Judge Virginia Emerson Hopkins on 4/28/09. (KWC)
June 17, 2013 Opinion or Order Filing 3 UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge Virginia Emerson Hopkins on 6/17/13. (KWC)
June 14, 2013 Filing 2 NOTICE REGARDING CONSENT. (JLC)
June 14, 2013 Filing 1 COMPLAINT against Mapco Express,Inc., filed by Brooke Davis. (Attachments: #1 Civil Cover Sheet)(JLC)
June 14, 2013 Filing Fee received in the amount of $400.00, Credit Card receipt_number 1126-1946681, NDAL receipt #B4601044654. (Davis, Gregory) Modified on 6/17/2013 (JLC).

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Defendant: Mapco Express,Inc.
Represented By: Michael R Pennington
Represented By: John Thomas Richie
Represented By: John E Goodman
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Defendant: Delek US Holdings Inc
Represented By: John Thomas Richie
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Plaintiff: Brooke Davis
Represented By: Gregory L Davis
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