Terrell v. Waffle House, Inc.
| Tammy Terrell |
| Waffle House, Inc. |
| 1:2024cv00034 |
| February 5, 2024 |
| US District Court for the Southern District of Alabama |
| Katherine P Nelson |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.
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Filing 14
TEXT-ONLY ORDER: In light of the Plaintiff's #13 Position Regarding Settlement, briefing on the pending #9 motion to dismiss or for more definite statement is SUSPENDED indefinitely. Plaintiff to file appropriate voluntary dismissal paperwork under Fed. R. Civ. P. 41(a), or a report providing the status of settlement finalization and stating how much additional time will be needed, no later than 4/17/2024. If nothing is filed by that deadline, the Court will assume that the settlement has been finalized and will forthwith enter an order dismissing all claims in this action with prejudice sua sponte under Fed. R. Civ. P. 41(a)(2) and directing each party to bear its own costs except as otherwise agreed. See Pontenberg v. Bos. Sci. Corp., 252 F.3d 1253, 1256 n.1 (11th Cir. 2001) (per curiam) ("a district court need not await a motion from a plaintiff to permit voluntary dismissal and may act sua sponte to dismiss under Rule 41(a)(2)"). Signed by Magistrate Judge Katherine P. Nelson on 3/19/2024. (ctn)
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| Filing 13 Position Regarding Settlement filed by Tammy Terrell. (Lyons, T.) |
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Filing 12
TEXT-ONLY ORDER granting #11 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss or, Alternatively, for a more Definite Statement . Plaintiff's brief in response to the Defendant's #9 motion to dismiss or for more definite statement, if any, must now be filed and served no later than 3/18/2024. Defendant's reply to the response, if any, must now be filed and served no later than 3/28/2024. Motion #9 to now be taken under submission on 3/29/2024. All other provisions of the Court's prior briefing order (Doc. 10) remain unchanged and in full force. As the Plaintiff has not requested such relief, this order does NOT extend the deadline for the Plaintiff to amend her complaint once as a matter of course under Fed. R. Civ. P. 15(a)(1)(B), which remains 3/4/2024. Signed by Magistrate Judge Katherine P. Nelson on 3/1/2024. (ctn)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss or, Alternatively, for a more Definite Statement filed by Tammy Terrell. (Lyons, T.) |
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Filing 10
TEXT-ONLY ORDER Setting Motion Deadlines re: #9 MOTION to Dismiss or, Alternatively, for a more Definite Statement filed by Waffle House, Inc. Plaintiff's brief in response to said motion, if any, must be filed and served no later than 3/4/2024, 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..."). Defendant's brief in reply to the response, if any, must be filed and served no later than 3/14/2024. See S.D. Ala. GenLR 5(a) and CivLR 7 for briefing technical requirements. Motion to be taken under submission on 3/15/2024. 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, the 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 2/14/2024. (ctn)
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| Filing 9 MOTION to Dismiss or, Alternatively, for a more Definite Statement filed by Waffle House, Inc.. (Plant, Adam) |
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Filing 8
TEXT-ONLY ORDER on #7 Disclosure Statement filed by Waffle House, Inc. 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 2/9/2024. (ctn)
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| Filing 7 Corporate Disclosure Statement filed by Defendant Waffle House, Inc.. (Plant, Adam) |
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Filing 6
TEXT-ONLY ORDER: Waffle House, Inc. is ORDERED to file a disclosure statement, using this Court's current form, certifying disclosures required by both Fed. R. Civ. P. 7.1 (as amended effective Dec. 1, 2022) and S.D. Ala. CivLR 7.1 (required of "[a]ll non-governmental artificial entities appearing as parties") no later than 2/14/2024 (form at: https://www.alsd.uscourts.gov/sites/alsd/files/forms/CivilDisclosureStatement.pdf). Signed by Magistrate Judge Katherine P. Nelson on 2/8/2024. (ctn)
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Filing 5
ORDER denying #2 MOTION for leave to Seal Exhibit D to Notice of Removal. Signed by Magistrate Judge Katherine P. Nelson on 2/7/2024. (tgw)
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| Filing 4 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment) (tgw) |
| Filing 3 NOTICE by Waffle House, Inc. Notice of Compliance with 28 U.S.C. 1446(d) (Battle, Robert) |
| Filing 2 MOTION for leave to Seal Document Defendant's Motion to Place Exhibit D to Notice of Removal Under Seal filed by Waffle House, Inc.. (Battle, Robert) |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $ 405, Receipt number AALSDC-3341803, Online Credit Card Payment), filed by Waffle House, Inc.. (Attachments: #1 Exhibit Exh A - Alacourt Pleadings, #2 Exhibit Exh B - 9.21.23 Demand Letter, #3 Exhibit Exh C - 10.11.23 Settlement Demand Email, #4 Exhibit Exh D - Medical & Billing Records - To be Filed Under Seal, #5 Exhibit Exh E - Declaration of M Hovey, #6 Exhibit Exh F - McMahon Order, #7 Exhibit Exh G - New Order, #8 Civil Cover Sheet Civil Cover Sheet) (Battle, Robert) |
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| Plaintiff: Tammy Terrell | |
| Represented By: | David J. Maloney |
| Represented By: | T. Randall Lyons |
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| Defendant: Waffle House, Inc. | |
| Represented By: | Adam P. Plant |
| Represented By: | Robert E. Battle |
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