Ussery v. Stone et al
| Charlotte W Ussery |
| Jerry Stone and State Farm Mutual Insurance Company |
| 6:2023cv00329 |
| March 15, 2023 |
| US District Court for the Northern District of Alabama |
| Gray M Borden |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| Plaintiff |
Docket Report
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Filing 13
ORDER Before the court is Plaintiff's Motion for Voluntary Dismissal Without Prejudice. Doc. #12 . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an action without court order by filing a notice of dismissal before an opposing party answers the complaint or files a motion for summary judgment. Plaintiffs voluntary dismissal therefore is appropriate. Accordingly, this case is DISMISSED without prejudice. Signed by Magistrate Judge Gray M Borden on 4/18/2023. (KAM)
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| Filing 12 MOTION to Dismiss Notice of Voluntary Dismissal Without Prejudice by Charlotte W Ussery. (Brewer, Herbie) |
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Filing 11
TEXT ORDER: For good cause shown, the #10 Motion for Extension of Time to File Response to State Farm's Partial Motion to Dismiss is GRANTED. Plaintiff is ORDERED to file a response to the motion on or before April 17, 2023, and State Farm may file a supplement to its reply on or before April 24, 2023. Plaintiff is REMINDED of the other motion to dismiss filed by Defendant Stone. The court will also extend those deadlines based on the #10 motion. Plaintiff is ORDERED to respond to Stone's motion to dismiss on or before April 20, 2023. Any reply by Stone should be filed by April 27, 2023. Signed by Magistrate Judge Gray M. Borden on 04/07/2023. (SUH)
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| Filing 10 MOTION for Extension of Time to File Response/Reply by Charlotte W Ussery. (Brewer, Herbie) |
| Filing 9 REPLY to re #2 in Support of it's Partial Motion to Dismiss filed by State Farm Mutual Insurance Company. (Barley, Matthew) |
| Filing 8 NOTICE of Appearance by Sammy Lee Brown, Jr on behalf of State Farm Mutual Insurance Company (Brown, Sammy) |
| Filing 7 Brief in Support of Motion to Dismiss filed by Jerry Stone. (Attachments: #1 Charlotte Ussery - Tax Assessment, #2 Tax Map with Owners Named, #3 Sharon Stone - deed)(Frederick, Patricia) |
| Filing 6 NOTICE of Appearance by Patricia A Frederick on behalf of Jerry Stone (Frederick, Patricia) |
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Filing 5
ORDER that parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by the magistrate judge pursuant to 28 U.S.C. 636(c) no later than April 29, 2023; parties are directed to use the magistrate judge consent form on the CM/ECF system to elect or decline the exercise of magistrate judge jurisdiction. Signed by Magistrate Judge Gray M Borden on March 17, 2023. (ASL)
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Filing 4
TEXT ORDER: Before the court are two motions to dismiss. The first was filed in state court by Defendant Stone. Defendant Stone is ORDERED to file a brief in support of his motion to dismiss on or before March 30, 2023, and Plaintiff is ORDERED to respond to the motion on or before April 13, 2023. Any reply by Stone should be filed by April 20, 2023. Defendant State Farm also filed a #2 Partial Motion to Dismiss. Plaintiff is ORDERED to file a response to the motion on or before March 30, 2023, and State Farm may file a reply on or before April 6, 2023. Signed by Magistrate Judge Gray M. Borden on 03/16/2023. (SUH)
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| Filing 3 Corporate Disclosure Statement by State Farm Mutual Insurance Company. filed by State Farm Mutual Insurance Company (Barley, Matthew) |
| Filing 2 MOTION to Dismiss Partial by State Farm Mutual Insurance Company. (Attachments: #1 Exhibit A - Certified Policy)(Barley, Matthew) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4295256. ALND receipt number B-4300. related document #1 NOTICE OF REMOVAL by State Farm Mutual Insurance Company from Walker County Circuit Court, case number 2023-16. (), filed by State Farm Mutual Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(KAM). (Barley, Matthew) |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Insurance Company from Walker County Circuit Court, case number 2023-16. (), filed by State Farm Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(KAM) |
| MOTION to Dismiss by Jerry Stone. (deemed filed 3/1/2023 in state court, Exhibit B page 31) (KAM) |
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