Waller v. Davey Resource Group, Inc.
Plaintiff: Tyrone Waller
Defendant: Davey Resource Group, Inc. and Danny Martinez
Case Number: 1:2022cv00015
Filed: January 12, 2022
Court: US District Court for the Southern District of Alabama
Presiding Judge: Kristi K DuBose
Referring Judge: P Bradley Murray
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2022 Filing 11 Remand Letter, Certified Docket Sheet, Order, and Judgment sent via Email to Circuit Court of Hale County, Alabama re #9 Order Adopting Report and Recommendations, and #10 Judgment. (srd)
March 7, 2022 Opinion or Order Filing 10 JUDGMENT - It is ORDERED, ADJUDGED and DECREED that Plaintiff's motion to remand is GRANTED, Plaintiff's Motion to Require the Defendant to Pay Attorney's Fees in DENIED, and this case is hereby REMANDED to the Circuit Court of Hale County, Alabama. Signed by District Judge Kristi K. DuBose on 03/07/2022. (srd)
March 7, 2022 Opinion or Order Filing 9 ORDER ADOPTING #8 REPORT AND RECOMMENDATIONS. It is ORDERED that Plaintiff's #2 Motion to Remand be GRANTED, and this case is hereby REMANDED to the Circuit Court of Hale County, Alabama. It is further RECOMMENDED that Plaintiff's motion to require the Defendant to pay attorney's fees is DENIED. Signed by District Judge Kristi K. DuBose on 03/07/2022. (srd)
February 10, 2022 Filing 8 REPORT AND RECOMMENDATIONS re #1 Notice of Removal filed by Davey Resource Group, Inc. and #2 MOTION to Remand to State Court filed by Tyrone Waller. It is RECOMMENDED that Plaintiff's Motion to Remand be GRANTED, and that this transaction be transferred back to the Circuit Court of Hale County, Alabama. It is further RECOMMENDED that Plaintiff's motion to recover attorney's fees be DENIED as set out. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge P. Bradley Murray on 02/10/2022. (srd)
February 4, 2022 REFERRAL OF #7 Response in Support of Motion to Judge Murray. (srd)
February 2, 2022 Filing 7 RESPONSE in Support re #2 MOTION to Remand to State Court filed by Tyrone Waller. (Shaw, David)
February 1, 2022 Filing 6 RESPONSE in Opposition re #2 MOTION to Remand to State Court filed by Davey Resource Group, Inc.. (Strubel, John)
February 1, 2022 REFERRAL OF #6 Response in Opposition to Motion to Judge Murray. (srd)
January 19, 2022 Opinion or Order Filing 5 TEXT-ONLY ORDER: On January 18, 2022, Plaintiff filed a Motion to Remand and Motion to Require the Defendant to Pay Attorney Fees requesting that this action be remanded to the Circuit Court of Hale County, Alabama. (Doc. 2). This motion has been referred to the undersigned Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(A) and S.D. Ala. Gen. LR 72. Defendants are ORDERED to file their response to Plaintiff's motion on or before February 1, 2022. Plaintiff's reply, if any, must be filed on or before February 8, 2022, at which time the Court will take the motion under submission. Once the motion is taken under submission, no further briefs or submissions related to the issues raised in the motion may be filed without leave of court. Signed by Magistrate Judge P. Bradley Murray on 1/19/22. (lto)
January 19, 2022 Opinion or Order Filing 4 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 3/7/2022. Signed by Magistrate Judge P. Bradley Murray on 01/19/2022. (Attachments: #1 Consent Form) (srd)
January 19, 2022 Filing 3 ANSWER to Complaint with Jury Demand by Davey Resource Group, Inc.. (Strubel, John)
January 19, 2022 MOTIONS REFERRED: #2 MOTION to Remand to State Court Referred to Judge P. Bradley Murray. (srd)
January 18, 2022 Filing 2 MOTION to Remand to State Court filed by Tyrone Waller. (Shaw, David)
January 12, 2022 Filing 1 NOTICE OF REMOVAL , filed by Davey Resource Group, Inc. (Fee $402, Receipt Number AALSDC-2941485) (Attachments: #1 Exhibit Exhibit 1, #2 Civil Cover Sheet Civil Cover Sheet) (Strubel, John)

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Plaintiff: Tyrone Waller
Represented By: David Thomas Shaw
Represented By: Zane L Willingham
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Defendant: Davey Resource Group, Inc.
Represented By: John Patrick Strubel
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Defendant: Danny Martinez
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