Foster v. Casey Industrial, Inc. et al.
| Michael Foster |
| Casey Industrial, Inc., Darrell Eads, Jr. and Progressive Specialty Insurance Company |
| 5:2022cv01378 |
| October 28, 2022 |
| US District Court for the Northern District of Alabama |
| Madeline Hughes Haikala |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Both |
Docket Report
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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 45 ANSWER to #44 Amended Complaint by Darrell Eads, Jr.(Keith, Travis) |
| Filing 44 AMENDED COMPLAINT against Casey Industrial, Inc., Darrell Eads, Jr, filed by Michael Foster.(Miller, Joseph) |
Filing 43
TEXT ORDER: The Court GRANTS #42 Motion for Leave to Amend Complaint. Plaintiff shall file an amended complaint on or before December 19, 2022. Signed by Judge Madeline Hughes Haikala on 12/5/2022. (DNW)
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| Filing 42 MOTION for Leave to File by Michael Foster. (Attachments: #1 Exhibit A-Amended Complaint)(Miller, Joseph) |
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Filing 41
ORDER. Consistent with the discussion during the November 22, 2022 telephone conference in this matter, the Court grants David W. Hearn's oral motion to withdraw as counsel for Casey Industrial. Casey Industrial has retained attorneys in Alabama to represent the company in this litigation. The Court directs the Clerk to please terminate Mr. Hearn as an attorney for Casey. Signed by Judge Madeline Hughes Haikala on November 22, 2022. (Haikala, Madeline)
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| Filing 40 NOTICE of Appearance by Travis Ian Keith on behalf of Darrell Eads, Jr (Keith, Travis) |
| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 11/22/2022 re: pretrial deadline. Counsel for plaintiff present. Counsel for defendants present. Counsel to confer and email chambers in re: scheduling order. Discovery deadline June 2023. Attorney Hearn oral Motion To Withdraw- GRANTED. (Court Reporter Leah Turner.) (DNW) |
| Filing 39 NOTICE of Appearance by Brian Wesley Donald on behalf of Casey Industrial, Inc. (Donald, Brian) |
| Filing 38 NOTICE of Appearance by John Dearman Herndon on behalf of Casey Industrial, Inc. (Herndon, John) |
| Filing 37 NOTICE of Appearance by Michael B Almond on behalf of Casey Industrial, Inc. (Almond, Michael) |
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Filing 36
ORDER: The Court sets this matter for a telephone conference on November 22, 2022 at 11:30 AM to discuss the pre-trial deadlines in the case. The parties shall dial 877-848-7030 and use access code 4974062 to participate in the call. Signed by Judge Madeline Hughes Haikala on 11/9/2022. (DNW)
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Filing 35
HAIKALA CHAMBERS INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 11/9/2022. (DNW)
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| Filing 34 NOTICE of Appearance by Joseph Parker Miller on behalf of Michael Foster (Miller, Joseph) |
| Filing 33 Case transferred in from District of Virginia Eastern; Case Number 3:22-cv-00221. Original file certified copy of transfer order and docket sheet received. |
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Filing 32
ORDER (Granting Motion to Transfer and Denying Motion to Dismiss Without Prejudice). For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Plaintiff's Motion to Transfer to the Northern District of Alabama is GRANTED, and Plaintiff's Motion to Dismiss Without Prejudice in the alternative is DENIED, (ECF No. #27 ). The Court hereby ORDERS that this case is TRANSFERRED to the NORTHERN DISTRICT OF ALABAMA. It is so ORDERED. Signed by Senior United States District Judge Henry E. Hudson on 10/25/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.]
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| Filing 31 MEMORANDUM OPINION. See Opinion for details. Signed by Senior United States District Judge Henry E. Hudson on 10/25/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 30 Reply to Motion re #27 First MOTION to Transfer Case filed by Casey Industrial, Inc.. (Hearn, David) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 29 Memorandum in Support re: #27 First MOTION to Transfer Case filed by Michael Foster (Hines, Bradley). Clerk replaced Memorandum to separate Exhibits and label as attachments on 9/28/2022. (sbea, ). (Additional attachments added on 9/28/2022: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D). Modified on 9/28/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 28 Memorandum in Opposition re #27 First MOTION to Transfer Case filed by Darrell Eads, Jr. (Jones, Gary) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re: #29 Memorandum in Support; Clerk separated Exhibits from the Memorandum in Support and made them as attachments. No further action is required. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re: #27 First MOTION to Transfer Case; contains more than one pleading. Please re-file the "Supplement Brief in Support" as a separate filing event. It is located under Motions and Related Filings, select Responses, Replies and Memoranda and locate and select "Memorandum in Support" separate attached exhibits and link it back to the Motion. The Brief in Support event may not allow you to link it to the Motion. Feel free to contact the Clerk's Office. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 27 First MOTION to Transfer Case by Michael Foster. (Attachments: #1 Supplement Brief in Support)(Hines, Bradley) [Transferred from Virginia Eastern on 10/28/2022.] |
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Filing 26
ORDER (Settlement Conference Referral) - It is hereby ORDERED that the settlement conference and proceedings required by section 1(E)(1) of Pretrial Schedule A are referred to United States Magistrate Judge Mark R. Colombell. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Colombell within five (5) days of the date of this Order to schedule the conference, which should occur at least thirty (30) days before the start of trial and at such time as Magistrate Judge Colombell shall approve. Signed by District Judge Henry E. Hudson on 9/8/2022. Copy of order sent by NEF to Magistrate Judge Colombell. (jpow, ) [Transferred from Virginia Eastern on 10/28/2022.]
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Filing 25
INITIAL PRETRIAL ORDER - Jury Trial set for 2/27/2023 at 9:30 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (signed by District Judge Henry E. Hudson on 9/8/2022) (rpiz) [Transferred from Virginia Eastern on 10/28/2022.]
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| Initial Pretrial Conference held on 9/8/2022 before District Judge Henry E. Hudson (rpiz) [Transferred from Virginia Eastern on 10/28/2022.] |
| Case Referral to Magistrate Judge Mark R. Colombell for settlement purposes. (jpow, ) [Transferred from Virginia Eastern on 10/28/2022.] |
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Filing 24
ORDER granting #23 Motion for Michael Slocumb to appear as Pro Hac Vice for Michael Foster. Signed by Senior United States District Judge Henry E. Hudson on 9/7/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.]
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| Filing 23 First Motion to appear Pro Hac Vice by Michael W. Slocumb and Certification of Local Counsel Bradley Wade Hines Filing fee $ 75, receipt number BVAEDC-8544258. by Michael Foster. (Hines, Bradley) [Transferred from Virginia Eastern on 10/28/2022.] |
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Filing 22
SCHEDULING ORDER with Attachment #1 Pretrial Schedule A - Initial Pretrial Conference set for 9/8/2022 at 9:30 AM before District Judge Henry E. Hudson (Order issued by deputy clerk at the direction of the Court) (rpiz) [Transferred from Virginia Eastern on 10/28/2022.]
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| Filing 21 Joint Proposed Discovery Plan Discovery Plan by Michael Foster.(Hines, Bradley) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 20 NOTICE of Appearance by Gary Christopher Jones, Jr on behalf of Darrell Eads, Jr (Jones, Gary) [Transferred from Virginia Eastern on 10/28/2022.] |
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Filing 19
ORDER that the Responsive Pleadings of Defendant Casey Industrial, Inc. filed on June 30, 2022 are to be deemed timely. Signed by Senior United States District Judge Henry E. Hudson on 7/7/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.]
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| Filing 18 NOTICE of Appearance by David W. Hearn on behalf of Casey Industrial, Inc. (Hearn, David) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 17 Memorandum in Support re #15 MOTION for Extension of Time to File Answer filed by Casey Industrial, Inc.. (Mackin, Sean) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re: #13 Notice of Appearance; In regards to the Nine Element Signature block, please be sure to electronically sign your documents. The Certificate of Service was not electronically signed. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re: #14 Answer to Complaint, #15 MOTION for Extension of Time to File Answer, #16 Corporate Disclosure Statement; Filing attorney did not sign Certificates of Service, the Memorandum in Support is to be filed as a separate document and not an attachment. The Memorandum in Support filing event is located under Motions and Related Filings, Responses, Replies, and Memoranda, locate and select Memorandum in Support file pleading and link it back to the Motion. The wrong filing event was selected for Financial Disclosure Statement. Clerk corrected docket text to reflect same. Please contact Clerk to have documents replaced with corrected pleadings. (sbea,) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 16 Financial Disclosure Statement by Casey Industrial, Inc. (Mackin, Sean) Modified on 7/1/2022. (sbea) (Main Document 16 replaced on 7/1/2022) (smej, ). [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 15 MOTION for Extension of Time to File Answer by Casey Industrial, Inc.. (Attachments: #1 Memorandum, #2 Proposed Order)(Mackin, Sean) (Main Document 15 replaced on 7/1/2022) (smej, ). [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 14 ANSWER to Complaint by Casey Industrial, Inc..(Mackin, Sean) (Main Document 14 replaced on 7/1/2022) (smej, ). [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 13 NOTICE of Appearance by Sean Mackin on behalf of Casey Industrial, Inc. (Mackin, Sean) (Main Document 13 replaced on 7/1/2022) (smej, ). [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 12 ANSWER to Complaint by Darrell Eads, Jr.(Kidd, Allen) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 11 SUMMONS Returned Executed for Darrell Eads Jr.; served on May 27, 2022 and answer due date is: June 17, 2022 (Hines, Bradley). Modified to include answer due date on 6/6/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re: #11 Affidavit of Service; filing attorney did not select the correct event as directed in #5 Issued Summons'. The correct event is "Summons Returned Executed" which would generate an answer due date. Defendant, Darrell Eads, Jr. was served on May 27, 2022, answer due date is: June 17, 2022. Clerk will set answer due date as to Darrell Eads, Jr. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re: #10 Affidavit of Service filing attorney selected the wrong filing event, answer due date was not set for service of Summons and Complaint. Answer due date is set for: June 16, 2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 10 Executed Summons (Affidavit of Service) of Service for Casey Industrial, Inc. on May 26, 2022 answer due date is: June 16, 2022 (Hines, Bradley). Modified to include answer due date on 6/6/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
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Filing 9
ORDER granting #7 Motion for Lowell Thomas Moore to appear as Pro Hac Vice for Michael Foster. Signed by Senior United States District Judge Henry E. Hudson on 6/1/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.]
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Filing 8
ORDER granting #6 Motion for Charles Walker Beene to appear as Pro Hac Vice for Michael Foster. Signed by Senior United States District Judge Henry E. Hudson on 6/1/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.]
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| Filing 7 First Motion to appear Pro Hac Vice by Lowell Thomas Moore and Certification of Local Counsel Bradley Wade Hines Filing fee $ 75, receipt number AVAEDC-8390489. by Michael Foster. (Hines, Bradley) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 6 First Motion to appear Pro Hac Vice by Charles Walker Beene and Certification of Local Counsel Bradley Wade Hines Filing fee $ 75, receipt number BVAEDC-8390486 by Michael Foster.(Hines, Bradley). Application was replaced on 5/16/2022. Modified on 5/16/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re: #6 First Motion to appear Pro Hac Vice by Charles Walker Beene; The Pro Hac Vice application was not saved properly. In the future, to correctly save the PDF fillable form, click on the File menu, select Print, and then select our PDF writer from the Printer Name List, then click on Print or OK depending on your program. The Clerk properly saved and replaced the application. No further action is required at this time. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 5 Summons Issued as to Casey Industrial, Inc., Darrell Eads, Jr., and Progressive Specialty Insurance Company. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint uponthe Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re #2 , #3 , and #4 Proposed Summons; Attorney did not properly save the PDF fillable Summons'. In the future, to properly save the fillable form, click on the File menu, select Print, and then select our PDF writer from the Printer Name List, then click on Print or OK depending on your program. Clerk has properly saved and replaced the Proposed Summons'. No further action is required. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 4 Proposed Summons Summons - Eads by Michael Foster (Hines, Bradley). Clerk saved and replaced Proposed Summons on 4/14/2022. Modified on 4/14/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 3 Proposed Summons Summons - Progressive by Michael Foster (Hines, Bradley). Clerk saved and replaced Proposed Summons on 4/14/2022. Modified on 4/14/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 2 Proposed Summons Summons - Casey by Michael Foster (Hines, Bradley). Clerk saved and replaced Proposed Summons on 4/14/2022. Modified on 4/14/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Filing 1 Complaint (Filing Fee: $402, Receipt Number: BVAEDC-8343868), filed by Michael Foster. (Attachment: #1 Civil Cover Sheet)(Hines, Bradley). (Attachment 1 replaced on 4/13/2022). Modified text on 4/13/2022. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Notice of Correction re: #1 Complaint; Clerk properly saved and replaced fillable form for the Civil Cover Sheet. Attorney is requested to submit Proposed Summons'. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
| Initial Case Assignment to District Judge Henry E. Hudson. (sbea) [Transferred from Virginia Eastern on 10/28/2022.] |
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