Fox v. Winn-Dixie Montgomery, LLC
Plaintiff: Leo Fox
Defendant: Winn-Dixie Montgomery, LLC, Winn-Dixie Stores, Inc., Southeastern Grocers, Inc., CX Hillcrest, LLC, David Gillery and William Brent Sellers
Case Number: 1:2021cv00306
Filed: July 12, 2021
Court: US District Court for the Southern District of Alabama
Presiding Judge: Sonja F Bivins
Referring Judge: Callie V S Granade
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2021 Filing 29 REPORT of Rule 26(f) Planning Meeting . (Wood, Alex)
August 30, 2021 REFERRAL OF #29 Report of Rule 26(f) Planning Meeting to Judge Bivins. (mab)
August 27, 2021 Filing 28 Notice of Filing Notice of Depositions and First Sets of Interrogatories and Requests for Production to Plaintiff Leo Fox and Defendant CX Hillcrest, LLC filed by Winn-Dixie Montgomery, LLC. (Wood, Alex)
August 26, 2021 REFERRAL OF #27 Reply in Support of Motion to Remand to Judge Bivins. (tot)
August 25, 2021 Filing 27 REPLY to #19 MOTION to Remand to State Court filed by Leo Fox. (Comer, Bryan)
August 19, 2021 Opinion or Order Filing 26 ENDORSED ORDER granting Doc. #24 Motion to Seal Document (Doc. 25 Response in Opposition to Motion to Remand). Signed by Magistrate Judge Sonja F. Bivins on 8/19/2021. (bld)
August 19, 2021 MOTIONS REFERRED: #24 MOTION for file Response in Opposition to Motion to Remand Under Seal; and 25 SEALED Response in Opposition to Motion to Remand ; Referred to Judge Sonja F. Bivins. (mab)
August 18, 2021 Filing 24 MOTION for leave to Seal Document (Response in Opposition to Motion to Remand) filed by Winn-Dixie Montgomery, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Wood, Alex)
August 10, 2021 Filing 23 Joinder in #22 Reply in Support of Motion to Dismis filed by CX Hillcrest, LLC. (Duncan, Joseph) Modified on 8/10/2021 (tot).
August 10, 2021 Filing 22 REPLY to #3 MOTION to Dismiss , #4 MOTION to Dismiss , #5 MOTION to Dismiss and Brief in Support filed by William Brent Sellers, Southeastern Grocers, Inc., Winn-Dixie Montgomery, LLC, Winn-Dixie Stores, Inc.. (Wood, Alex)
August 10, 2021 REFERRAL OF #22 Reply in Support of Motion to Dismiss, #23 Joinder in Reply in Support of Motion to Dismiss to Judge Bivins. (tot)
August 6, 2021 Opinion or Order Filing 21 Order re: Plf's #19 MOTION to Remand. Defendants are to respond to motion on or before 8/18/2021. Any reply by Plf shall be filed by 8/25/2021. Signed by Magistrate Judge Sonja F. Bivins on 8/6/21. (tot)
August 3, 2021 Filing 20 RESPONSE in Opposition re #3 MOTION to Dismiss , #4 MOTION to Dismiss , #5 MOTION to Dismiss and Brief in Support filed by Leo Fox. (Comer, Bryan)
August 3, 2021 Filing 19 MOTION to Remand to State Court filed by Leo Fox. (Comer, Bryan)
August 3, 2021 MOTIONS REFERRED: #19 MOTION to Remand to State Court Referred to Judge Sonja F. Bivins. (mab)
August 3, 2021 REFERRAL OF #20 Response in Opposition to Motions to Dismiss (Docs. #3 , #4 & #5 ) to Judge Bivins (mab)
July 30, 2021 Filing 18 Document endorsed NOTED by Senior Judge Callie V. S. Granade: Corporate Disclosure Statement #17 filed by CX Hillcrest, LLC (twg)
July 29, 2021 Filing 17 Corporate Disclosure Statement filed by Defendant CX Hillcrest, LLC. (Darby, Elton)
July 29, 2021 Filing 16 ANSWER to Complaint with Jury Demand by CX Hillcrest, LLC. (Darby, Elton)
July 29, 2021 Filing 15 Document endorsed NOTED by Senior Judge Callie V. S. Granade: Corporate Disclosure Statement #14 filed by Winn-Dixie Stores, Inc., Corporate Disclosure Statement #12 filed by Southeastern Grocers, Inc., Corporate Disclosure Statement #13 filed by Winn-Dixie Montgomery, LLC (twg)
July 29, 2021 Filing 14 Corporate Disclosure Statement filed by Defendants Winn-Dixie Stores, Inc., Southeastern Grocers, Inc., Opal Holdings, LLC, BI-LO, LLC, SEG Holding, LLC, SEG Holding Finance, LLC, Winn-Dixie Montgomery, LLC, Winn-Dixie Montgomery Leasing, LLC, Dixie Spirits, Inc., Bi-Lo Holdings Foundation, Inc., We Care Fund, Inc., Winn-Dixie Logistics, LLC, Winn-Dixie Properties, LLC, Winn-Dixie Raleigh, LLC, Winn-Dixie Stores Leasing, LLC, Winn-Dixie Supermarkets, Inc., Winn-Dixie Warehouse Leasing, LLC, Dixie Spirits Florida, LLC, Winn-Dixie Raleigh Leasing, LLC identifying Corporate Parent Opal Holdings, LLC, Corporate Parent Southeastern Grocers, Inc., Corporate Parent SEG Holding, LLC, Corporate Parent SEG Holding Finance, LLC, Corporate Parent BI-LO, LLC, Other Affiliate Winn-Dixie Montgomery Leasing, LLC, Other Affiliate Winn-Dixie Montgomery, LLC, Other Affiliate Bi-Lo Holdings Foundation, Inc., Other Affiliate Dixie Spirits, Inc., Other Affiliate Winn-Dixie Properties, LLC, Other Affiliate Winn-Dixie Stores Leasing, LLC, Other Affiliate Winn-Dixie Supermarkets, Inc., Other Affiliate Winn-Dixie Warehouse Leasing, LLC, Other Affiliate Dixie Spirits Florida, LLC, Other Affiliate Winn-Dixie Raleigh Leasing, LLC, Other Affiliate We Care Fund, Inc., Other Affiliate Winn-Dixie Logistics, LLC, Other Affiliate Winn-Dixie Raleigh, LLC for Winn-Dixie Stores, Inc... (Wood, Alex)
July 29, 2021 Filing 13 Corporate Disclosure Statement filed by Defendants Winn-Dixie Montgomery, LLC, Southeastern Grocers, Inc., Winn-Dixie Stores, Inc., Opal Holdings, LLC, BI-LO, LLC, SEG Holding, LLC, SEG Holding Finance, LLC, Winn-Dixie Montgomery Leasing, LLC, Dixie Spirits, Inc., Bi-Lo Holdings Foundation, Inc., We Care Fund, Inc., Winn-Dixie Logistics, LLC, Winn-Dixie Properties, LLC, Winn-Dixie Raleigh, LLC, Winn-Dixie Stores Leasing, LLC, Winn-Dixie Supermarkets, Inc., Winn-Dixie Warehouse Leasing, LLC, Dixie Spirits Florida, LLC, Winn-Dixie Raleigh Leasing, LLC identifying Corporate Parent Opal Holdings, LLC, Corporate Parent Southeastern Grocers, Inc., Corporate Parent SEG Holding, LLC, Corporate Parent SEG Holding Finance, LLC, Corporate Parent Winn-Dixie Stores, Inc., Corporate Parent BI-LO, LLC, Other Affiliate Winn-Dixie Montgomery Leasing, LLC, Other Affiliate Bi-Lo Holdings Foundation, Inc., Other Affiliate Dixie Spirits, Inc., Other Affiliate Winn-Dixie Properties, LLC, Other Affiliate Winn-Dixie Stores Leasing, LLC, Other Affiliate Winn-Dixie Supermarkets, Inc., Other Affiliate Winn-Dixie Warehouse Leasing, LLC, Other Affiliate Dixie Spirits Florida, LLC, Other Affiliate Winn-Dixie Raleigh Leasing, LLC, Other Affiliate We Care Fund, Inc., Other Affiliate Winn-Dixie Logistics, LLC, Other Affiliate Winn-Dixie Raleigh, LLC for Winn-Dixie Montgomery, LLC.. (Wood, Alex)
July 29, 2021 Filing 12 Corporate Disclosure Statement filed by Defendants Southeastern Grocers, Inc., SEG II LLC, SEG/SG1 Litigation Finance Partnership, BI-LO, LLC, SEG Holding, LLC, SEG Holding Finance, LLC, Opal Holdings, LLC, SEG Finance Group, Samson Merger Sub, LLC, ARP Ballentine LLC, ARP Moonville LLC, ARP Chickamauga LLC, ARP Winston Salem LLC, ARP James Island LLC, ARP Morganton LLC, ARP Hartsville LLC, Winn-Dixie Stores, Inc., Bi-Lo Holdings Foundation, Inc., We Care Fund, Inc., Winn-Dixie Supermarkets, Inc., Winn-Dixie Logistics, LLC, Winn-Dixie Warehouse Leasing, LLC, Winn-Dixie Montgomery, LLC, Dixie Spirits, Inc., Winn-Dixie Montgomery Leasing, LLC, Winn-Dixie Properties, LLC, Dixie Spirits Florida, LLC, Winn-Dixie Raleigh, LLC, Winn-Dixie Raleigh Leasing, LLC, Winn-Dixie Stores Leasing, LLC identifying Other Affiliate Winn-Dixie Montgomery Leasing, LLC, Other Affiliate Winn-Dixie Montgomery, LLC, Other Affiliate Opal Holdings, LLC, Other Affiliate Bi-Lo Holdings Foundation, Inc., Other Affiliate Dixie Spirits, Inc., Other Affiliate Winn-Dixie Properties, LLC, Other Affiliate Winn-Dixie Stores Leasing, LLC, Other Affiliate Winn-Dixie Supermarkets, Inc., Other Affiliate Winn-Dixie Warehouse Leasing, LLC, Other Affiliate Dixie Spirits Florida, LLC, Other Affiliate Winn-Dixie Raleigh Leasing, LLC, Other Affiliate SEG II LLC, Other Affiliate SEG/SG1 Litigation Finance Partnership, Other Affiliate SEG Holding, LLC, Other Affiliate SEG Holding Finance, LLC, Other Affiliate SEG Finance Group, Other Affiliate Samson Merger Sub, LLC, Other Affiliate ARP Ballentine LLC, Other Affiliate ARP Moonville LLC, Other Affiliate ARP Chickamauga LLC, Other Affiliate ARP Winston Salem LLC, Other Affiliate ARP James Island LLC, Other Affiliate ARP Morganton LLC, Other Affiliate ARP Hartsville LLC, Other Affiliate We Care Fund, Inc., Other Affiliate Winn-Dixie Logistics, LLC, Other Affiliate Winn-Dixie Raleigh, LLC, Other Affiliate Winn-Dixie Stores, Inc., Other Affiliate BI-LO, LLC for Southeastern Grocers, Inc... (Wood, Alex)
July 23, 2021 REFERRAL OF #10 Affidavit in Support of #5 Motion to Dismiss to Judge Bivins. (mab)
July 22, 2021 Opinion or Order Filing 11 Order re: #1 Notice of Removal filed by Winn-Dixie Montgomery, LLC. Defendant CX Hillcrest is ORDERED to file its response to the Complaint NLT 7/29/2021. Defendants Winn-Dixie Montgomery, LLC, Winn-Dixie Stores, Inc., Southeastern Grocers, Inc., and CX Hillcrest, LLC are ORDERED on or before 7/29/2021 to file their disclosure statements or SHOW CAUSE as set out. Clerk is DIRECTED to attach a copy of a blank disclosure statement to this order. Signed by Senior Judge Callie V. S. Granade on 07/22/2021. (srd) (Additional attachment(s) added on 7/22/2021: #1 Disclosure Statement) (srd).
July 21, 2021 Filing 10 AFFIDAVIT in Support re #5 MOTION to Dismiss and Brief in Support filed by Winn-Dixie Montgomery, LLC. (Wood, Alex)
July 21, 2021 Filing 9 This action has been transferred from the docket of Magistrate Judge Sonja F. Bivins and is now assigned to the docket of Senior Judge Callie V. S. Granade and Magistrate Judge Sonja F. Bivins. 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 CG-B after the case number on all future pleadings. (mpp)
July 21, 2021 MOTIONS REFERRED: Motions to Dismiss (Docs. #3 , #4 , and #5 ) Referred to Judge Sonja F. Bivins. (mab)
July 14, 2021 Opinion or Order Filing 8 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 8/30/2021. Signed by Magistrate Judge Sonja F. Bivins on 7/14/21. (Attachments: #1 Consent Form) (mpp) Copies to counsel
July 14, 2021 Filing 7 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment) (mpp) Copies to counsel
July 13, 2021 Opinion or Order Filing 6 Order re: #3 MOTION to Dismiss filed by Winn-Dixie Stores, Inc., #4 MOTION to Dismiss filed by Southeastern Grocers, Inc., and #5 MOTION to Dismiss filed by William Brent Sellers, Winn-Dixie Montgomery, LLC - Setting the following motion deadlines: Responses due by 8/3/2021 and Replies due by 8/10/2021. Signed by Magistrate Judge Sonja F. Bivins on 7/13/21. (mpp)Copies to counsel
July 13, 2021 Filing 5 MOTION to Dismiss and Brief in Support filed by William Brent Sellers, Winn-Dixie Montgomery, LLC. (Attachments: #1 Exhibit 1 - complaint) (Wood, Alex)
July 13, 2021 Filing 4 MOTION to Dismiss filed by Southeastern Grocers, Inc.. (Wood, Alex)
July 13, 2021 Filing 3 MOTION to Dismiss filed by Winn-Dixie Stores, Inc.. (Wood, Alex)
July 12, 2021 Filing 2 ANSWER to Complaint with Jury Demand by Winn-Dixie Montgomery, LLC. (Wood, Alex)
July 12, 2021 Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402, Receipt number AALSDC-2836519, Online Credit Card Payment), filed by Winn-Dixie Montgomery, LLC. (Attachments: #1 Exhibit 1 - Plaintiffi's complaint, #2 Exhibit 2 - circuit court file, #3 Exhibit 3 - summons, #4 Exhibit 4 - service return, #5 Exhibit 5 - business entity search results, #6 Exhibit 6 - affidavit of brent sellers, #7 Exhibit 7 - demand letter, #8 Exhibit 8 - consent to removal by cx hillcrest, #9 Exhibit 9 - consent to removal by sellers, et al.) (Wood, Alex) (Additional attachment(s) added on 7/20/2021: #10 Civil Cover Sheet) (mpp).

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Plaintiff: Leo Fox
Represented By: Bryan Eugene Comer
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Defendant: Winn-Dixie Montgomery, LLC
Represented By: Alex Terry Wood
Represented By: M. Warren Butler
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Defendant: Winn-Dixie Stores, Inc.
Represented By: Alex Terry Wood
Represented By: M. Warren Butler
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Defendant: Southeastern Grocers, Inc.
Represented By: Alex Terry Wood
Represented By: M. Warren Butler
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Defendant: CX Hillcrest, LLC
Represented By: Joseph Robert Duncan, Jr.
Represented By: Elton Herbert Darby, III
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Defendant: David Gillery
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Defendant: William Brent Sellers
Represented By: Alex Terry Wood
Represented By: M. Warren Butler
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