McDonald v. Grimsley et al
| David A. McDonald |
| Darrel Wayne Grimsley, Jr., Liberty Rent, LLC and Data Holdings, Inc. |
| 1:2023cv00464 |
| December 8, 2023 |
| U.S. District Court for the Southern District of Alabama |
| Jeffrey U Beaverstock |
| Terry F Moorer |
| Katherine P Nelson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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Filing 30
RESPONSE to Motion re: #28 MOTION to Strike #28 Reply Brief In Support of #2 Motion to Seal Complaint filed by Data Holdings, Inc., Darrel Wayne Grimsley, Jr, Liberty Rent, LLC. (Attachments: #1 Exhibit 1) (Betbeze, Jaime)
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REFERRAL OF #29 Reply to Response to #18 Motion to Remand; and #30 Response to #28 Motion to Strike Judge Nelson. (mab)
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Filing 29
REPLY to Response to Motion #18 Plaintiff's Reply In Support of Remand filed by David A. McDonald. (Attachments: #1 Exhibit Exhibit A- Emails, #2 Exhibit Exhibit B - Warranty) (Marchand, Chad)
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REFERRAL OF #26 Reply, 27 Sealed Document; and #28 Motion to Strike Reply Brief In Support of #2 Motion to Seal Complaint to Judge Katherine P. Nelson. (mab)
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Filing 28
MOTION to Strike Liberty Rent, LLC, Data Holdings, Inc. and Darrell Wayne Grimsley Jr's #28 Reply Brief In support of their #2 Motion to Seal Complaint, filed by David A. McDonald. (Attachments: #1 Exhibit A - 1-5-2024 e-mails, #2 Exhibit B - 1-12-2024- emails) (Marchand, Chad)
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Filing 26
Defendants' Reply in Support of #2 Motion to Seal Complaint re: #22 Objection filed by Data Holdings, Inc., Darrel Wayne Grimsley, Jr, Liberty Rent, LLC. (Betbeze, Jaime)
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Filing 25
TEXT ORDER Pursuant to 28 U.S.C. 636(b)(1), the Motion to Seal Complaint (Doc. 2) is REFERRED to the Magistrate Judge for appropriate resolution in conjunction with the motion to remand. REFERRING MOTION to Magistrate Judge: #2 MOTION for leave to Seal Document filed by Darrel Wayne Grimsley, Jr., Data Holdings, Inc., Liberty Rent, LLC. Referred to Judge Katherine P. Nelson. Signed by District Judge Terry F. Moorer on 01/12/2024. (KJA)
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REFERRAL OF #24 Response in Opposition to Motion to Remand to Judge Nelson. (tot)
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Filing 24
RESPONSE in Opposition re #18 MOTION to Remand to State Court filed by Data Holdings, Inc., Darrel Wayne Grimsley, Jr, Liberty Rent, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Betbeze, Jaime)
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Filing 23
TEXT-ONLY ORDER granting unopposed #21 MOTION to Stay, or in the Alternative, MOTION For Additional Time to Respond to Defendants' Motions to Dismiss, as follows: Briefing on the motions to dismiss filed 12/15/2023 #9 #10 is STAYED pending disposition of the motion to remand filed 12/28/2023 #18 . The Court will enter a new briefing schedule on the motions to dismiss should remand be denied. Signed by Magistrate Judge Katherine P. Nelson on 1/5/2024. (ctn)
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Filing 22
Plaintiff's Objection and Response in Opposition to Defendants' #2 Motion to Seal, filed by David A. McDonald. (Marchand, Chad)
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REFERRAL OF #22 Objection & Response in Opposition to Motion to Seal to Judge Moorer. (tot)
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Filing 21
MOTION to Stay, or in the Alternative, MOTION For Additional Time to Respond to Defendants' Motions to Dismiss filed by David A. McDonald. (Marchand, Chad). (Added MOTION for Extension of Time on 1/4/2024) (tot).
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MOTIONS REFERRED: #21 MOTION to Stay, or in the Alternative, MOTION For Additional Time to Respond to Defendants' Motions to Dismiss referred to Judge Katherine P. Nelson. (tot)
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REFERRAL OF #20 Joint Status Report to Judge Moorer. (tot)
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Filing 20
STATUS REPORT Joint Status Report by Liberty Rent, LLC, Darrel Wayne Grimsley, Jr, Data Holdings, Inc.. (Barnes, Jake)
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Filing 19
TEXT-ONLY ORDER Setting Motion Deadlines re: #18 MOTION to Remand to State Court filed by David A. McDonald. District Judge referred said motion to Magistrate Judge for appropriate action. See S.D. Ala. GenLR 72(b); (12/29/2023 elec. ref.). Defendants' brief in response to said motion, if any, must be filed and served no later than 1/11/2024. Plaintiff's brief in reply to the response, if any, must be filed and served no later than 1/18/2024. See S.D. Ala. GenLR 5(a) and CivLR 7 for briefing technical requirements. Motion to be taken under submission on 1/19/2024. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of the Court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, this motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 12/29/2023. (ctn)
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MOTIONS REFERRED: #18 MOTION to Remand to State Court. Referred to Judge Katherine P. Nelson. (fz)
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Filing 18
MOTION to Remand to State Court filed by David A. McDonald. (Attachments: #1 Exhibit A - Baldwin County Record, #2 Exhibit B - Soldier Creek Mortgage, #3 Exhibit C- Divorce Complaint, #4 Exhibit D - Divorce Testimony, #5 Exhibit E - AlaCourt Docket, #6 Exhibit F - Divorce Cert., #7 Exhibit G - Soldier Creek Prop Tax, #8 Exhibit H - Pasquill Aff., #9 Exhibit I - Photos and Affidavit, #10 Exhibit J - Mougey Warranty Deed, #11 Exhibit K - Morgey Prop Tax, #12 Exhibit L - Levin Papantonio Website, #13 Exhibit M - McDonald Affidavit, #14 Exhibit N - Data Holdings N.C. Annual Report, #15 Exhibit O - Baldwin County Tax) (Marchand, Chad)
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Filing 17
NOTICE of Appearance by Chad Marchand on behalf of David A. McDonald (Marchand, Chad)
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Filing 16
NOTICE of Appearance by Edward G. Bowron on behalf of David A. McDonald (Bowron, Edward)
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Filing 15
Document endorsed NOTED by District Judge Terry F. Moorer: #11 Corporate Disclosure Statement filed by Darrel Wayne Grimsley, Jr., Data Holdings, Inc., Liberty Rent, LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. (tot)
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Filing 14
AMENDED NOTICE OF REMOVAL from Circuit Court of Baldwin County, Alabama, case number CV-2023-901336., filed by Liberty Rent, LLC, Darrel Wayne Grimsley, Jr, Data Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Betbeze, Jaime)
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REFERRAL OF #14 Amended Notice of Removal to Judge Moorer. (tot)
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Filing 13
TEXT-ONLY ORDER Setting Motion Deadlines re: #9 MOTION to Dismiss and Supporting Memorandum of Law filed by Darrel Wayne Grimsley, Jr., and #10 MOTION to Dismiss and Supporting Memorandum of Law filed by Data Holdings, Inc. and Liberty Rent, LLC. District Judge referred said motions to Magistrate Judge for appropriate action. See S.D. Ala. GenLR 72(b); (12/15/2023 elec. ref.). Plaintiff's brief(s) in response to said motions, if any, must be filed and served no later than 1/5/2024, which is also the deadline for Plaintiff to amend the complaint once as a matter of course under Fed. R. Civ. P. 15(a)(1)(B). See Fed. R. Civ. P. 15(a)(1) advisory committees note to 2009 amendment (explaining that the current version of Rule 15(a)(1) was enacted to "force the pleader to consider carefully and promptly the wisdom of amending to meet the arguments in [a Rule 12(b), (e), or (f)] motion[, as a] responsive amendment may avoid the need to decide the motion or reduce the number of issues to be decided..."). Movants' brief(s) in reply to the response(s), if any, must be filed and served no later than 1/16/2024. See S.D. Ala. GenLR 5(a) and CivLR 7 for briefing technical requirements. Motions to be taken under submission on 1/17/2024. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motions may be filed without leave of the Court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, these motions are being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 12/18/2023. (ctn)
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Filing 12
TEXT-ONLY ORDER on #11 , #5 Disclosure Statements filed by Data Holdings, Inc. and Liberty Rent, LLC. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 12/18/2023. (ctn)
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Filing 11
Corporate Disclosure Statement filed by Defendants Data Holdings, Inc., Darrel Wayne Grimsley, Jr, Liberty Rent, LLC. (Betbeze, Jaime)
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Document endorsed NOTED by Magistrate Judge Katherine P. Nelson: Disclosure Statement #11 filed by Darrel Wayne Grimsley, Jr. (ctn)
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Filing 10
MOTION to Dismiss and Supporting Memorandum of Law filed by Data Holdings, Inc., Liberty Rent, LLC. (Attachments: #1 Exhibit A) (Betbeze, Jaime)
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Filing 9
MOTION to Dismiss and Supporting Memorandum of Law filed by Darrel Wayne Grimsley, Jr. (Betbeze, Jaime)
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MOTIONS REFERRED: #9 MOTION to Dismiss and Supporting Memorandum of Law, #10 MOTION to Dismiss and Supporting Memorandum of Law referred to Judge Katherine P. Nelson. (tot)
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Filing 8
Order re: #1 Notice of Removal. Dfts are to file & serve, NLT 12/20/2023, an amended Notice of Removal that corrects the deficiencies as set out. Signed by District Judge Terry F. Moorer on 12/12/23. (tot)
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Filing 7
TEXT-ONLY ORDER re: #5 Disclosure Statement filed by Data Holdings, Inc. While said disclosure statement says that it is giving notice under both "Rule 7.1 of the Federal Rules of Civil Procedure and the Southern District of Alabama Civil Local Rules[,]" the disclosure language with regard to Data Holdings, Inc. tracks only that of Fed. R. Civ. P. 7.1(a)(1). This is inadequate for two reasons: (1) the disclosure requirements of S.D. Ala. CivLR 7.1 are broader than those of Fed. R. Civ. P. 7.1, see S.D. Ala. CivLR 7.1(b) ("The Disclosure Statement shall identify the represented entity's general nature and shall identify all parents, subsidiaries, partners, members, managers, trustees, affiliates, and similarly related persons and entities."); Fed. R. Civ. P. 7.1 advisory committees note to 2002 adoption ("Rule 7.1 does not prohibit local rules that require disclosures in addition to those required by Rule 7.1."); and (2) the statement fails to disclose information required by Fed. R. Civ. P. 7.1(a)(2) (as amended effective Dec. 1, 2022) in diversity cases such as this one. Data Holdings, Inc. is ORDERED to file an amended disclosure statement correcting the foregoing deficiencies, using this Court's current form, no later than 12/19/2023 (form available at: https://www.alsd.uscourts.gov/sites/alsd/files/forms/CivilDisclosureStatement.pdf). Signed by Magistrate Judge Katherine P. Nelson on 12/12/2023. (ctn)
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Filing 6
Order re: Dfts' #2 MOTION to Seal Complaint. The current matters will remain provisionally sealed pending the Court's final determination on the issue of sealing. The parties are to file a joint status report on or before 1/2/2024 as set out. Plf's shall file a response to Dfts' motion on or before 1/5/2024. Dfts may file a reply, if they wish to do so, on or before 1/12/2024. The court will determine if a hearing is necessary after it receives the joint status report(s) & additional briefing. Signed by District Judge Terry F. Moorer on 12/11/23. (tot)
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Filing 5
Corporate Disclosure Statement filed by Defendants Data Holdings, Inc., Liberty Rent, LLC. (Betbeze, Jaime)
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Case reassigned to District Judge Terry F. Moorer. Chief District Judge Jeffrey U. Beaverstock no longer assigned to the case. 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 TFM-N after the case number on all future pleadings. (cle)
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Filing 4
NOTICE by Data Holdings, Inc., Darrel Wayne Grimsley, Jr, Liberty Rent, LLC - Notice of Objection to Plaintiff's Discovery Requests (Betbeze, Jaime)
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Filing 2
MOTION for leave to Seal Document filed by Data Holdings, Inc., Darrel Wayne Grimsley, Jr, Liberty Rent, LLC. (Betbeze, Jaime)
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Filing 1
NOTICE OF REMOVAL ( Filing fee $ 405, Receipt number AALSDC-3314551, Online Credit Card Payment), filed by Liberty Rent, LLC, Darrel Wayne Grimsley, Jr, Data Holdings, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Betbeze, Jaime)
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MOTION REFERRED: #2 MOTION for leave to Seal Document and REFERRAL OF 3 Sealed Document(s) to Judge Beaverstock. (jmr)
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Answer due from All Defendants by 12/15/2023. (jmr)
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Case reassigned to Magistrate Judge Katherine P. Nelson. Magistrate Judge Bert W. Milling, Jr no longer assigned to the case. 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-N after the case number on all future pleadings. (cmj)
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