Vardaman v. Bennett Motor Express, LLC et al
Plaintiff: Taylor N Vardaman
Defendant: Bennett Motor Express, LLC and Fontaine Commercial Trailer, Inc.
Case Number: 1:2023cv00397
Filed: October 20, 2023
Court: US District Court for the Southern District of Alabama
Presiding Judge: P Bradley Murray
Referring Judge: William H Steele
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2023 Opinion or Order Filing 17 Remand Letter, Certified Docket Sheet and Order sent via Email to Circuit Court of Mobile County re #16 Order on Motion to Remand. (cjr)
December 14, 2023 Opinion or Order Filing 16 ORDER GRANTING #6 Motion to Remand, as set out. This action is remanded to the Circuit Court of Mobile County. Signed by District Judge William H. Steele on 12/13/2023. (cjr)
December 4, 2023 Opinion or Order Filing 15 NOTICE by Bennett Motor Express, LLC of Attendance by Telephone (Swann, Gerald)
December 4, 2023 Opinion or Order Filing 14 NOTICE by Fontaine Commercial Trailer, Inc. Notice of Attendance of Scheduling Conference by Telephone by Defendant Fontaine Commercial Trailer, Inc. (Spence, Elywn)
December 4, 2023 Opinion or Order REFERRAL OF #14 Notice (Other), #15 Notice (Other) to Judge Murray. (cjr)
December 1, 2023 Opinion or Order Filing 13 TEXT ONLY ORDER: On November 30, 2023, the parties filed their Rule 26(f) Report. (Doc. 12). The undersigned Magistrate Judge will conduct a Rule 16(b) scheduling conference on December 18, 2023, at 10:30 a.m., in Courtroom 5A,, because bringing the parties and the Court together at this stage promotes efficiency in the litigation process, helps avoid discovery disputes, provides a clearer path to pretrial resolution, and allows counsel to pose questions to the Court. See Fed. R. Civ. P. 16(b)(1)(B). Out of town counsel may attend the scheduling conference by telephone in lieu of attendance in person by filing a notice with the Court and using the following numbers to call-in for the conference call: CALL IN NO.: 571-353-2301 and Guest ID: 002111803. Signed by Magistrate Judge P. Bradley Murray on 12/1/23. (lto)
December 1, 2023 Opinion or Order Set Hearing: Scheduling Conference set for 12/18/2023 at 10:30 AM in US Courthouse, Courtroom 5A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge P. Bradley Murray. (cjr)
November 30, 2023 Opinion or Order Filing 12 REPORT of Rule 26(f) Planning Meeting . (Mitchell, Robert)
November 30, 2023 Opinion or Order REFERRAL OF #12 Report of Rule 26(f) Planning Meeting to Judge Murray. (cjr)
November 29, 2023 Opinion or Order Filing 11 REPLY to Response to Motion #6 Plaintiff's Motion to Remand filed by Taylor N Vardaman. (Attachments: #1 Exhibit A) (Mitchell, Robert)
November 29, 2023 Opinion or Order REFERRAL OF #11 Reply to Response to Motion to Judge Steele. (cjr)
November 21, 2023 Opinion or Order Filing 10 RESPONSE to Motion re: #6 MOTION to Remand filed by Bennett Motor Express, LLC. (Swann, Gerald)
November 21, 2023 Opinion or Order REFERRAL OF #10 Response to Motion to Judge Steele. (cjr)
November 17, 2023 Opinion or Order Filing 9 MOTION to Amend/Correct #1 Notice of Removal,,, #4 Corporate Disclosure Statement,,, filed by Bennett Motor Express, LLC. (Attachments: #1 Exhibit A - Amended Notice of Removal, #2 Exhibit B - Amended Disclosure Statement) (Swann, Gerald)
November 17, 2023 Opinion or Order MOTIONS REFERRED: #9 MOTION to Amend/Correct #1 Notice of Removal, #4 Corporate Disclosure Statement referred to Judge Steele. (mbp)
November 9, 2023 Opinion or Order Filing 8 Order entered that Bennett is to file and serve, on or before 11/21/2023, such supplemental materials as it deems adequate and appropriate to establish its citizenship under the standard governing limited liability companies, failing which this action will be remanded, without further notice, for lack of subject matter jurisdiction. Bennett is further ordered to file and serve, on or before 11/21/2023, its response to Plaintiff's Motion to Remand. Defendant is to file any reply by 11/30/2023. Should the action not previously be remanded for lack of subject matter jurisdiction, the Court will take the plaintiffs motion to remand under submission on 11/30/2023. Signed by District Judge William H. Steele on 11/9/23. (mbp)
November 8, 2023 Opinion or Order REFERRAL OF #7 Brief, #6 MOTION to Remand to Judge Steele. (cjr)
November 7, 2023 Opinion or Order Filing 7 Brief filed by Taylor N Vardaman re #6 MOTION to Remand filed by Taylor N Vardaman. (Mitchell, Robert)
November 7, 2023 Opinion or Order Filing 6 MOTION to Remand filed by Taylor N Vardaman. (Attachments: #1 Exhibit Affidavit of Jennifer Jayjohn York) (Mitchell, Robert)
November 1, 2023 Opinion or Order Filing 5 Document endorsed NOTED by District Judge William H. Steele: Corporate Disclosure Statement #4 filed by Bennett Motor Express, LLC. (Steele, William)
November 1, 2023 Opinion or Order Filing 4 Corporate Disclosure Statement filed by Defendants Bennett Motor Express, LLC, Bennett International Group, LLC, MGT Management Services, LLC, MGT Holdings, LLC, Marcia Garrison Taylor Revocable Trust, Marcia Garrison Taylor Children's Trust, Marcia G. Taylor Grandchildren's Trust, 2017 MGT Voting Trusts, Marcia G. Taylor 2017 Irrevocable Trust, DDL Enterprises, LLC identifying Corporate Parent Bennett International Group, LLC, Other Affiliate MGT Management Services, LLC, Other Affiliate MGT Holdings, LLC, Other Affiliate Marcia Garrison Taylor Revocable Trust, Other Affiliate Marcia Garrison Taylor Children's Trust, Other Affiliate Marcia G. Taylor Grandchildren's Trust, Other Affiliate 2017 MGT Voting Trusts, Other Affiliate Marcia G. Taylor 2017 Irrevocable Trust, Other Affiliate DDL Enterprises, LLC for Bennett Motor Express, LLC.. (Attachments: #1 Affidavit Affidavit of Grant R Brooker) (Swann, Gerald)
October 24, 2023 Opinion or Order Filing 3 ORDER re: #1 Notice of Removal. Bennett Motor Express, LLC is ORDERED to file and serve on or before 11/3/2023 supplemental materials as set out. Signed by District Judge William H. Steele on 10/24/2023. (fz)
October 20, 2023 Opinion or Order Filing 2 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 12/4/2023. Signed by Magistrate Judge P. Bradley Murray on 10/20/2023. (Attachments: #1 Consent to Magistrate Judge) (fz)
October 20, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402, Receipt number AALSDC-3288450, Online Credit Card Payment), filed by Bennett Motor Express, LLC. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Fontaines Answer to Second Amended Complaint, #3 Exhibit C - Complaint, #4 Exhibit D - First Amended Complaint, #5 Exhibit E - Faines MSJ, #6 Exhibit F - Order Granting MSJ, #7 Exhibit G - Plaintiff's Response to Fontaines 1st INTs, #8 Exhibit H - Fontaines 1st Supp Response to Plaintiff's Discovery, #9 Exhibit I - Plaintiff's Response to Fontaines RFAs, #10 Exhibit J - State Court Notice of Removal, #11 Exhibit K - State Court Docket, #12 Exhibit L - State Court Filings, #13 Exhibit M - Civil Cover Sheet, #14 Exhibit N - Bennett Motor Answer to First Amended Complaint, #15 Exhibit O - Bennett Motor Answer to Second Amended Complaint) (Swann, Gerald)

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Plaintiff: Taylor N Vardaman
Represented By: Robert Latimer Mitchell
Represented By: William E. Bonner
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Defendant: Bennett Motor Express, LLC
Represented By: Gerald C. Swann, Jr.
Represented By: Graham R. Neeley
Represented By: Robert Justin Sherer
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Defendant: Fontaine Commercial Trailer, Inc.
Represented By: Elywn Berton Spence
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