Young v. RE Garrison Trucking Inc
Plaintiff: Robert Young
Defendant: RE Garrison Trucking Inc
Case Number: 5:2009cv01105
Filed: June 3, 2009
Court: US District Court for the Northern District of Alabama
Office: Northeastern Office
County: XX US, Outside State
Presiding Judge: C Lynwood Smith
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 31, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2010 Opinion or Order Filing 42 ORDER DISMISSING CASE, Defendant's Motion to Dismiss is GRANTED; it is ORDERED that all plaintiff's claims are DISMISSED without prejudice for failure to prosecute and to comply with the Federal Rules of Civil Procedures and the orders of this court; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 8/31/2010. (AHI)
August 20, 2010 Filing 41 First MOTION for Reconsideration of this Court's Order denying motion for extension of discovery deadlines by Robert Young. (Attachments: #1 Exhibit)(Sinclair, Thomas)
August 11, 2010 Opinion or Order Filing 40 ORDER that plaintiff's #36 Motion for Extension of Time to Complete Discovery is DENIED; Plaintiff is ORDERED to show cause by 8/20/2010 why this court should not grant defendant's motion to dismiss or otherwise sanction plaintiff for failure to comply with the court's scheduling order; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 8/11/2010. (AHI)
August 10, 2010 Filing 39 RESPONSE to #38 MOTION to Dismiss or in the Alternative Motion to Exclude Testimony and Other Evidence filed by Robert Young. (Sinclair, Thomas) Modified on 8/10/2010 (AHI).
August 2, 2010 Opinion or Order ORDER setting motion deadline for #38 Motion to Dismiss. Plaintiff must respond on or before August 12, 2010. Signed by Judge C. Lynwood Smith, Jr. on August 2, 2010. (IK)
July 30, 2010 Filing 38 MOTION to Dismiss or in the Alternative Motion to Exclude Testimony and Other Evidence by RE Garrison Trucking Inc. (Attachments: #1 Exhibits 1, 2 & 3)(St John, Gaynor) Modified on 7/30/2010 (AHI).
July 30, 2010 Filing 37 Opposition to Plaintiff's Motion to Extend Deadlines filed by RE Garrison Trucking Inc. (Attachments: #1 Exhibits 1 & 2 - copies of correspondence)(St John, Gaynor) Modified on 7/30/2010 (AHI).
July 29, 2010 Filing 36 MOTION to Extend Scheduling Deadlines by Robert Young. (Sinclair, Thomas) Modified on 7/30/2010 (AHI).
June 14, 2010 Filing 35 NOTICE to Take Deposition of Robert Young by RE Garrison Trucking Inc.(St John, Gaynor)
December 29, 2009 Opinion or Order Filing 34 SCHEDULING ORDER: that certain time limits and deadlines apply as set out in this order; Discovery due by 6/4/2010; Dispositive Motions due by 7/1/2010; Witness and Exhibit Lists are due by 8/2/2010; Trial ready by 9/2010. Signed by Judge C Lynwood Smith, Jr on 12/29/2009. (AHI )
October 9, 2009 Filing 33 REPORT of Rule 26(f) Planning Meeting. (Sinclair, Thomas)
October 9, 2009 Opinion or Order ORDER granting #32 Motion to Substitute Attorney. Attorney Tony C. Merry is terminated from this action. Signed by Judge C. Lynwood Smith, Jr. on October 9, 2009. (IK)
October 8, 2009 Filing 32 MOTION to Substitute Attorney by Robert Young. (Sinclair, Thomas)
September 15, 2009 Filing 31 NOTICE of Appearance by Gaynor L St John on behalf of RE Garrison Trucking Inc (St John, Gaynor)
August 25, 2009 Opinion or Order Filing 30 ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 08/25/09. (SPT, )
June 4, 2009 Opinion or Order ORDER granting #29 Motion to Substitute Attorney. Attorney Rodger L. Eckelberry is terminated from this action. Signed by Magistrate-Judge Harwell G Davis, III on June 4, 2009. (AMC)
June 3, 2009 Filing 29 MOTION to Substitute Attorney by RE Garrison Trucking Inc. (St John, Finis)
June 3, 2009 Filing 28 NOTICE of Appearance by Finis E St John, IV on behalf of all defendants (St John, Finis)
June 3, 2009 Filing 27 Case transferred in from District of Ohio Southern; Case Number 3:07-cv-00030. Original file with documents numbered 1 - 26, certified copy of transfer order and docket sheet received.
May 4, 2009 Opinion or Order Filing 26 ORDER - Upon Stipulated #25 Motion to Transfer, the above-captioned matter is hereby TRANSFERRED from the docket of the Honorable Walter Herbert Rice to the United States District Court for the Northern District of Alabama, Northeastern Division for reassignment. Signed by Judge Walter H Rice on 4/27/2009. (davisj1, ) [Transferred from Ohio Southern on 6/3/2009.]
May 4, 2009 Case transferred to District of Northern District of Alabama, Northeastern Division. Original file, certified copy of transfer order, and docket sheet sent. (davisj1, ) [Transferred from Ohio Southern on 6/3/2009.]
April 24, 2009 Opinion or Order NOTATION ORDER SUSTAINING #25 Motion to Change Venue. Signed by Judge Walter H Rice on 4/24/09. (tt1, ) [Transferred from Ohio Southern on 6/3/2009.]
April 2, 2009 Filing 25 MOTION to Change Venue Stipulated Motion to Transfer Venue by Defendant RE Garrison Trucking Inc. (Attachments: #1 Exhibit 1 - Declaration of Paul McMinn, #2 Exhibit A to Exhibit 1 - Contractor Operating Agreement) (Eckelberry, Rodger) [Transferred from Ohio Southern on 6/3/2009.]
April 2, 2009 Filing 24 ANSWER to #23 Amended Complaint by Defendant RE Garrison Trucking Inc. (Attachments: #1 Exhibit A - Contractor Operating Agreement) (Eckelberry, Rodger) [Transferred from Ohio Southern on 6/3/2009.]
March 19, 2009 Filing 23 AMENDED COMPLAINT First Amended Complaint against RE Garrison Trucking Inc, filed by Robert Young. (Merry, Tony) [Transferred from Ohio Southern on 6/3/2009.]
March 9, 2009 Filing 22 DECISION AND ENTRY SUSTAINING DEFENDANT'S MOTION TO VACATE JUDGMENT AND MOTION TO DISMISS PLAINTIFF'S COMPLAINT (DOC. #15 ), WITHOUT PREJUDICE TO PLAINTIFF FILING AMENDED COMPLAINT; CAPTIONED CAUSE REMAINS TERMINATED. Signed by Judge Walter H Rice on 3/9/2009. (jdf1, ) Modified on 3/10/2009 to edit text(jdf1, ). [Transferred from Ohio Southern on 6/3/2009.]
May 6, 2008 Filing 21 NOTICE of Appearance by Tony C Merry Plaintiff Robert Young (Merry, Tony) [Transferred from Ohio Southern on 6/3/2009.]
April 28, 2008 Filing 20 RESPONSE in Support re #15 MOTION to Vacate #13 Judgment, #1 Complaint and Dismiss Plaintiff's Complaint filed by Defendant RE Garrison Trucking Inc. (Eckelberry, Rodger) [Transferred from Ohio Southern on 6/3/2009.]
April 25, 2008 Filing 19 RESPONSE in Opposition re #15 MOTION to Vacate #13 Judgment, #1 Complaint filed by Plaintiff Robert Young. (Larkin, Janet) [Transferred from Ohio Southern on 6/3/2009.]
April 11, 2008 NOTATION ORDER SUSTAINING #18 Motion for Extension of Time. Signed by Walter H Rice on 4/11/08. (kopf1, ) [Transferred from Ohio Southern on 6/3/2009.]
April 10, 2008 Filing 18 Unopposed MOTION for Extension of Time New date requested 4/24/2008. by Plaintiff Robert Young. (Larkin, Janet) [Transferred from Ohio Southern on 6/3/2009.]
March 17, 2008 Filing 17 Corporate Disclosure Statement by Defendant RE Garrison Trucking Inc. (Eckelberry, Rodger) [Transferred from Ohio Southern on 6/3/2009.]
March 17, 2008 Filing 16 Supplemental Memorandum Supporting re #15 MOTION to Vacate #13 Judgment, #1 Complaint Memorandum in Support of Motion to Vacate Judgment and Dismiss Plaintiff's Complaint filed by Defendant RE Garrison Trucking Inc. (Attachments: #1 Exhibit A - Dulin Case, #2 Text of Proposed Order Exhibit B - Proposed Order) (Eckelberry, Rodger) [Transferred from Ohio Southern on 6/3/2009.]
March 17, 2008 Filing 15 MOTION to Vacate #13 Judgment, #1 Complaint by Defendant RE Garrison Trucking Inc. (Eckelberry, Rodger) [Transferred from Ohio Southern on 6/3/2009.]
March 3, 2008 Filing 14 Minute Entry for proceedings held before Judge Walter H Rice: Docket Call held on 2/29/2008. (Court Reporter Debra Futrell.) (davisj1, ) [Transferred from Ohio Southern on 6/3/2009.]
February 29, 2008 Filing 13 JUDGMENT that Judgment is entered in favor of Plaintiff and against theDefendant in the amount of $805,050.00, plus interest thereon at the statutory rate, from February 9, 2008, and costs of suit; by Clerk. (mkb1, ) [Transferred from Ohio Southern on 6/3/2009.]
February 29, 2008 Filing 12 ASSESSMENT OF DAMAGES; JUDGMENT TO ENTER IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT; TERMINATION ENTRY. Signed by Walter H Rice on 2/29/08. (ep1, ) [Transferred from Ohio Southern on 6/3/2009.]
February 29, 2008 Filing 11 PLAINTIFF'S FINDINGS OF FACT AND CONCLUSIONS OF LAW by Plaintiff Robert Young (ep1, ) [Transferred from Ohio Southern on 6/3/2009.]
February 6, 2008 NOTICE: A HEARING HAS BEEN SET FOR 2/29/08 AT 3:00 PM ON THE ISSUE OF DAMAGES in Courtroom 1 before Walter H Rice. (kopf1, ) [Transferred from Ohio Southern on 6/3/2009.]
January 14, 2008 Opinion or Order NOTATION ORDER SUSTAINING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT #10 ; JUDGMENT TO PLAINTIFF ON LIABILITY; A DAMAGES ASSESSMENT HEARING WILL BE SET BY SEPARATE ENTRY. Signed by Judge Walter H Rice on 1/11/08. (kopf1, ) [Transferred from Ohio Southern on 6/3/2009.]
May 31, 2007 Filing 10 MOTION for Default Judgment as to Defendant R. E. Garrison Trucking. by Plaintiff Robert Young.Responses due by 6/25/2007 (Attachments: #1 Exhibit Copy of Complaint) (Larkin, Janet) [Transferred from Ohio Southern on 6/3/2009.]
May 31, 2007 Filing 9 Clerk's ENTRY OF DEFAULT as to Defendant RE Garrison Trucking Inc (ep1, ) [Transferred from Ohio Southern on 6/3/2009.]
May 29, 2007 Filing 8 MOTION for Entry of Default by Plaintiff Robert Young. (Larkin, Janet) [Transferred from Ohio Southern on 6/3/2009.]
May 29, 2007 Filing 7 Waiver of Service Returned Unexecuted as to R.E. Garrison Trucking, filed by Plaintiff Robert Young. (Larkin, Janet) [Transferred from Ohio Southern on 6/3/2009.]
May 29, 2007 Filing 6 SUMMONS Returned Executed by Plaintiff Robert Young, Defendant RE Garrison Trucking Inc RE Garrison Trucking Inc served on 3/14/2007, answer due 4/3/2007. (Larkin, Janet) [Transferred from Ohio Southern on 6/3/2009.]
May 23, 2007 Filing 5 ***DELETED*** MOTION for Default Judgment. by Plaintiff Robert Young.Responses due by 6/18/2007 (Attachments: # 1 Exhibit Complaint and Request for Waiver of Service) (Larkin, Janet) Modified on 5/25/2007 contacted atty's office for Motion for Clerk's Entry of Default first(ep1, ). Modified on 5/25/2007 (ep1, ). [Transferred from Ohio Southern on 6/3/2009.]
May 23, 2007 Filing 4 ***DELETED***ACKNOWLEDGEMENT OF SERVICE Executed by R. E. Garrison Trucking Acknowledgement filed by Plaintiff Robert Young. (Larkin, Janet) Modified on 5/25/2007 contacted atty's office re:service (ep1, ). Modified on 5/25/2007 (ep1, ).[Transferred from Ohio Southern on 6/3/2009.]
March 14, 2007 Filing 3 Summons Issued as to RE Garrison Trucking Inc. (kopf1, ) [Transferred from Ohio Southern on 6/3/2009.]
January 29, 2007 Filing 2 Filing fee: $ 350, receipt number 334611 (kopf1, ) Additional attachment(s) added on 1/30/2007 (kopf1, ). [Transferred from Ohio Southern on 6/3/2009.]
January 29, 2007 Filing 1 COMPLAINT against RE Garrison Trucking Inc filed by Plaintiff Robert Young.(kopf1, ) [Transferred from Ohio Southern on 6/3/2009.]
January 29, 2007 ***NOTICE: If case is referred, it will be to Chief Magistrate Judge Michael R Merz (sc1, ) [Transferred from Ohio Southern on 6/3/2009.]

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Plaintiff: Robert Young
Represented By: Thomas O Sinclair
Represented By: Tony C Merry
Represented By: Janet Louise Larkin
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Defendant: RE Garrison Trucking Inc
Represented By: Gaynor L St. John
Represented By: Rodger L Eckelberry
Represented By: Finis E St John, IV
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