Guinn et al v. Mapco Express, Inc. et al
| Krista Guinn, Robert Deal and Elizabeth Myers |
| Mapco Express Inc and Delek US Holdings Inc |
| 5:2014cv00806 |
| April 30, 2014 |
| US District Court for the Northern District of Alabama |
| Northeastern Office |
| XX US, Outside State |
| Madeline Hughes Haikala |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 1, 2014. A more recent docket listing may be available from PACER.
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Filing 43
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)
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| Filing 42 NOTICE of Voluntary Dismissal by Robert Deal, Krista Guinn, Elizabeth Myers (Dobson, Steven) |
| Filing 41 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) |
| Filing 40 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) |
| Filing 39 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) |
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Filing 38
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)
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Filing 37
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)
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| Filing 36 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) |
| Filing 35 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) |
| Filing 34 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) |
| Filing 33 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) |
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Filing 32
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)
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| Filing 31 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) |
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Filing 30
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, )
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Filing 29
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)
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| Filing 28 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) |
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Filing 27
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)
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| Cases associated: lead case #5:13-cv-919-MHH pursuant to order of consolidation entered this date (ASL) |
| Case reassigned to Judge Madeline Hughes Haikala. Senior Judge Inge P Johnson no longer assigned to the case. (pursuant to order of consolidation entered this date) (ASL) |
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Filing 26
ORDER #23 joint motion to consolidate is found to be MOOT, without prejudice to parties' right to file said motion in appropriate action; re #24 motion to dismiss, plas are allowed until 5/20/14 to respond to said motion. Signed by Senior Judge Inge P Johnson on 5/6/14. (ASL)
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| Filing 25 Brief re #24 MOTION to Dismiss under Rule 12(b) filed by Delek US Holdings Inc, Mapco Express Inc. (Attachments: #1 Appendix A - Press Release)(Richie, John) |
| Filing 24 MOTION to Dismiss under Rule 12(b) by Delek US Holdings Inc, Mapco Express Inc. (Richie, John) |
| Filing 23 Joint MOTION to Consolidate Cases and Toll Responsive Pleading Deadline by Delek US Holdings Inc, Mapco Express Inc. (Attachments: #1 Exhibit A - Transfer Order, #2 Exhibit B - Burton Consolidation Order)(Richie, John) |
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Filing 22
ORDER granting #21 Motion to Withdraw as Attorney. Attorney Kristi Marie Wilcox terminated. Signed by Senior Judge Inge P Johnson on 5/5/14. (ASL)
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| Filing 21 MOTION to Withdraw as Attorney Kristi M. Wilcox by Delek US Holdings Inc, Mapco Express Inc. (Richie, John) |
| Filing 20 NOTICE of Appearance by Michael R Pennington on behalf of Delek US Holdings Inc, Mapco Express Inc (Pennington, Michael) |
| Filing 19 NOTICE of Appearance by John E Goodman on behalf of Delek US Holdings Inc, Mapco Express Inc (Goodman, John) |
| Filing 18 NOTICE of Appearance by John Thomas Richie on behalf of Delek US Holdings Inc, Mapco Express Inc (Richie, John) |
| Filing 17 Case transferred in from District of Tennessee Eastern; Case Number 1:13-cv-00250. Original file certified copy of transfer order and docket sheet received. |
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Filing 16
ORDER granting #15 Joint Motion Transfer case pursuant to 28 USC 1404(a); For these reason, the Court finds it appropriate to GRANT the parties Joint Motion for Transfer. (Doc. 15). The Clerk is DIRECTED to transfer this case to the United States District Court for the Northern District of Alabama. Signed by District Judge Harry S Mattice, Jr on 4/29/14. (CNM, ) [Transferred from Tennessee Eastern on 4/30/2014.]
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| Case transferred to the United States District Court for the Northern District of Alabama. (CNM, ) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 15 Joint MOTION Transfer case pursuant to 28 USC 1404(a) by Robert Deal, Krista Guinn, Elizabeth Myers. (Attachments: #1 Exhibit A - Northern District of Alabama Order of Consolidation)(Burnette, H.) [Transferred from Tennessee Eastern on 4/30/2014.] |
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Filing 14
ORDER; Based on the parties representation that mediation of this matter has been unsuccessful, the Court hereby LIFTS the stay of this action. Defendants shall file their answer or refile their motion to dismiss no later than 5/5/2014. Signed by District Judge Harry S Mattice, Jr on 4/21/14. (CNM, ) [Transferred from Tennessee Eastern on 4/30/2014.]
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| Filing 13 STATUS REPORT by Robert Deal, Krista Guinn, Elizabeth Myers. (Burnette, H.) [Transferred from Tennessee Eastern on 4/30/2014.] |
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Filing 12
ORDER denying #6 Motion to Dismiss; denying #6 Motion to Dismiss for Failure to State a Claim; granting #11 Motion to Stay. Signed by District Judge Harry S Mattice, Jr on 1/17/2014. (DJH, ) [Transferred from Tennessee Eastern on 4/30/2014.]
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| Filing 11 Joint MOTION to Stay Proceedings by Robert Deal, Krista Guinn, Elizabeth Myers. (Attachments: #1 Other Proposed Order staying proceedings)(Burnette, H.) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 10 REPLY to Response to Motion re #6 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Wilcox, Kristi) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 9 RESPONSE in Opposition re #6 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative for a more definitive statement filed by Robert Deal, Krista Guinn, Elizabeth Myers. (Burnette, H.) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 8 Certificate of Corporate Interest by Delek US Holdings, Inc., Mapco Express, Inc. identifying Corporate Parent Delek US Holdings, Inc. for Mapco Express, Inc.. (Wilcox, Kristi) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 7 MEMORANDUM in Support of Motion re #6 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Delek US Holdings, Inc., Mapco Express, Inc.. (Wilcox, Kristi) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 6 MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Delek US Holdings, Inc., Mapco Express, Inc.. (Attachments: #1 Exhibit Ex. A-Press Release)(Wilcox, Kristi) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 5 SUMMONS Returned Executed by Krista Guinn, Robert Deal, Elizabeth Myers. (Burnette, H.) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 4 SUMMONS Returned Executed by Krista Guinn, Robert Deal, Elizabeth Myers. Delek US Holdings, Inc. served on 8/8/2013. (Burnette, H.) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 3 SUMMONS Returned Executed by Krista Guinn, Robert Deal, Elizabeth Myers. Mapco Express, Inc. served on 8/8/2013. (Burnette, H.) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 2 Summons Issued as to Delek US Holdings, Inc., Mapco Express, Inc. (Attachments: #1 Summons)(JLMc, ) [Transferred from Tennessee Eastern on 4/30/2014.] |
| District Judge Harry S Mattice, Jr and Magistrate Judge William B Carter added. (JLMc, ) [Transferred from Tennessee Eastern on 4/30/2014.] |
| Filing 1 COMPLAINT against Delek US Holdings, Inc., Mapco Express, Inc. ( Filing fee $ 400 receipt number 0649-2311146.), filed by Krista Guinn, Robert Deal, Elizabeth Myers. (Attachments: #1 Civil Cover Sheet, #2 Summons Mapco, #3 Summons Delek)(Burnette, H.) [Transferred from Tennessee Eastern on 4/30/2014.] |
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