Hunter et al v. D & D Transport Inc. et al
Plaintiff: Almeda Robinson and Roosevelt Hunter
Defendant: D & D Transport Inc. and Dan Lockwood Herrington
Case Number: 1:2019cv00180
Filed: April 5, 2019
Court: US District Court for the Southern District of Alabama
Presiding Judge: Jeffrey U Beaverstock
Referring Judge: William E Cassady
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2019 Filing 15 Remand Letter, Certified Docket Sheet and Order sent via email to Circuit Court of Mobile County re #14 Order Adopting Report and Recommendations. (tgw)
June 19, 2019 Opinion or Order Filing 14 ORDER ADOPTING the #13 Report and Recommendations. The #3 Motion to Remand is granted and this action is REMANDED to the Circuit Court of Mobile County. Signed by District Judge Jeffrey U. Beaverstock on 6/19/2019. (tgw)
May 29, 2019 Filing 13 REPORT AND RECOMMENDATIONS re #3 MOTION to Remand filed by Almeda Robinson, Roosevelt Hunter. It is recommended that Plaintiffs' Motion be granted and that this action be remanded to the Circuit Court of Mobile County. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge William E. Cassady on 5/24/19. (mbp) (Additional attachment(s) added on 6/3/2019: #1 Exhibits) (eec).
May 16, 2019 Opinion or Order Filing 12 Order. After a review of the briefs and information provided during oral argument, a preliminary determination is made that Plaintiffs are the prevailing parties on the motion to remand (Doc. 3). There is no question that the information provided by Plaintiffs in their settlement packages was sufficient for the Defendants to ascertain the potential value of the claims presented by the Plaintiffs. The disagreement is over when the Defendants had access to an amount of that information that would have informed them that removal was an option. Based on the information presented, it is decided, preliminarily, that Defendants had access to that information on March 4, 2019, which means that the removal on April 5, 2019 was a couple of days late. Accordingly, Plaintiff's counsel shall prepare and email to the undersigned a proposed Report and Recommendation in Word format that he believes sufficient to withstand objections that may be presented to Judge Beaverstock. The proposed RnR is to be submitted by May 30, 2019. Signed by Magistrate Judge William E. Cassady on 5/16/19. (Cassady, William)
May 13, 2019 Filing 11 This action has been transferred from the docket of Magistrate Judge William E. Cassady and is now assigned to the docket of District Judge Jeffrey U. Beaverstock. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix JB-C after the case number on all future pleadings. (eec)
May 2, 2019 Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Motion Hearing held on 5/2/2019 re #3 MOTION to Remand filed by Almeda Robinson, Roosevelt Hunter. (Digital Court Recording; Courtroom 3A). (eec)
April 23, 2019 Filing 9 NOTICE of Appearance by Ernest Glenn Smith, Jr on behalf of D & D Transport Inc., Dan Lockwood Herrington (Smith, Ernest)
April 23, 2019 Opinion or Order Filing 8 Order re: #3 MOTION to Remand filed by Almeda Robinson, Roosevelt Hunter, ( Motion Hearing RESCHEDULED for 5/2/2019 02:00 PM in US Courthouse, Courtroom 3A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.). Signed by Magistrate Judge William E. Cassady on 4/23/2019. (eec)
April 22, 2019 Opinion or Order Filing 7 Order re: #3 MOTION to Remand filed by Almeda Robinson, Roosevelt Hunter, ( Motion Hearing set for 4/29/2019 02:00 PM in US Courthouse, Courtroom 3A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.). Signed by Magistrate Judge William E. Cassady on 4/22/2019. (eec)
April 19, 2019 Filing 6 REPLY to Response to Motion #3 filed by Roosevelt Hunter, Almeda Robinson. (Attachments: #1 Exhibit Hunter's Settlement Letter, #2 Exhibit Robinson Settlement Letter) (Zoghby, Alex)
April 17, 2019 Filing 5 RESPONSE to Motion re: #3 MOTION to Remand filed by D & D Transport Inc., Dan Lockwood Herrington. (Ross, Brett)
April 9, 2019 Opinion or Order Filing 4 ENDORSED ORDER taking under advisement #3 Motion to Remand. Any response to the motion to remand shall be filed no later than April 23, 2019 and any reply to the response shall be filed within 7 days after service of the response. Signed by Magistrate Judge William E. Cassady on 4/9/19. (Cassady, William)
April 9, 2019 Filing 3 MOTION to Remand by Roosevelt Hunter, Almeda Robinson. (Attachments: #1 Exhibit Notices of Service) (Zoghby, Alex)
April 8, 2019 Filing 2 Notice of Assignment to Magistrate Judge William E. Cassady for trial. (eec)
April 5, 2019 Filing 1 NOTICE OF REMOVAL by All Defendants from Mobile County Circuit Court, case number 02-CV-2018-903086. ( Filing fee $ 400, Receipt number AALSDC-2380505, Online Credit Card Payment), filed by All Defendants. (Attachments: #1 Exhibit A) (Ross, Brett) (Additional attachment(s) added on 4/8/2019: #2 Civil Cover Sheet) (eec).

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Plaintiff: Almeda Robinson
Represented By: Alex W. Zoghby
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Plaintiff: Roosevelt Hunter
Represented By: Alex W. Zoghby
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Defendant: D & D Transport Inc.
Represented By: Elizabeth Larsen Pratt
Represented By: Brett A. Ross
Represented By: Ernest Glenn Smith, Jr.
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Defendant: Dan Lockwood Herrington
Represented By: Elizabeth Larsen Pratt
Represented By: Brett A. Ross
Represented By: Ernest Glenn Smith, Jr.
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