Wesco Insurance Company v. M.O.S. Express, Inc. et al
Plaintiff: Wesco Insurance Company
Defendant: M.O.S. Express, Inc., Michael Dewayne Fudge and Abbie Burrell
Case Number: 2:2021cv00374
Filed: August 25, 2021
Court: US District Court for the Southern District of Alabama
Presiding Judge: Kristi K DuBose
Referring Judge: Katherine P Nelson
Nature of Suit: Insurance
Cause of Action: 05 U.S.C. § 8701
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2021 REFERRAL OF #15 Response in Opposition to Motion to Judge Nelson. (srd)
October 20, 2021 Opinion or Order Filing 16 ENDORSED ORDER finding as moot #14 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss, in light of the Plaintiff's timely filed response brief #15 . Signed by Magistrate Judge Katherine P. Nelson on 10/20/2021. (ctn)
October 20, 2021 Filing 15 RESPONSE in Opposition re #11 MOTION to Dismiss filed by Wesco Insurance Company. (Attachments: #1 Exhibit A - Underlying Action Filings) (Isenberg, Joel)
October 20, 2021 MOTIONS REFERRED: #14 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss Referred to Judge Katherine P. Nelson. (srd)
October 18, 2021 Filing 14 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss filed by Wesco Insurance Company. (Boyles, Kenneth)
October 7, 2021 Opinion or Order Filing 13 TEXT-ONLY ORDER Setting Motion Deadlines re: #11 MOTION to Dismiss filed by Abbie Burrell. District Judge referred said motion to Magistrate Judge for appropriate action. See S.D. Ala. GenLR 72(b); (10/7/2021 elec. ref). Plaintiff's brief in response to said motion, if any, must be filed and served no later than Wed. 10/20/2021. Burrell's brief in reply to the response, if any, must be filed and served no later than Wed. 10/27/2021. Motion to be taken under submission on Thurs. 10/28/2021, at which time no further submissions related to the issues raised may be filed unless the proponent first obtains leave of court for good cause shown, except as otherwise allowed under S.D. Ala. CivLR 7(f)(3). 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. 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 10/7/2021. (ctn)
October 7, 2021 Opinion or Order Filing 12 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 11/22/2021. Signed by Magistrate Judge Katherine P. Nelson on 10/08/2021. (Attachments: #1 Consent Form) (srd)
October 7, 2021 MOTIONS REFERRED: #11 MOTION to Dismiss Referred to Judge Katherine P. Nelson. (srd)
October 6, 2021 Filing 11 MOTION to Dismiss filed by Abbie Burrell. (Attachments: #1 Exhibit One) (Moak, Andrew)
September 14, 2021 Filing 10 Summons Issued as to Abbie Burrell. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (srd)
September 13, 2021 Filing 9 NOTICE of Filing Proposed Summons by Wesco Insurance Company (Newton, Candace)
September 10, 2021 Filing 8 Summons Issued as to Abbie Burrell, Michael Dewayne Fudge, and M.O.S. Express, Inc. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (srd)
September 10, 2021 Filing 7 NOTICE of Filing Proposed Summons by Wesco Insurance Company (Newton, Candace)
September 10, 2021 Filing 6 AMENDED COMPLAINT First Amended Petition for Declaratory Judgment against Abbie Burrell, Michael Dewayne Fudge, M.O.S. Express, Inc., filed by Wesco Insurance Company. (Newton, Candace) (Main Document 6 replaced on 9/10/2021) (srd). (Additional attachment(s) added on 9/10/2021: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (srd).
September 9, 2021 Filing 5 Document endorsed NOTED by Chief Judge Kristi K. DuBose: Corporate Disclosure Statement #2 filed by Wesco Insurance Company. Review of the corporate disclosure statement pursuant to Fed. R. Civ. P. 7.1 has been completed. The review did not reveal any reason to believe that there are potential conflicts of interest, which would require disqualification or recusal in this action. (khc)
August 27, 2021 Opinion or Order Filing 4 TEXT-ONLY ORDER on #2 Disclosure Statement filed by Wesco Insurance Company. 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 8/27/2021. (ctn)
August 25, 2021 Filing 3 Summons Issued as to Michael Dewayne Fudge and M.O.S. Express, Inc. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (srd)
August 25, 2021 Filing 2 Corporate Disclosure Statement filed by Plaintiff Wesco Insurance Company. (Newton, Candace)
August 25, 2021 Filing 1 COMPLAINT against Abbie Burrell, as Mother and Next Friend of Joshua Burrell, Deceased, Michael Dewayne Fudge, M.O.S. Express, Inc. ( Filing fee $402 receipt number AALSDC-2862298, Online Credit Card Payment), filed by Wesco Insurance Company. 90 day Rule 4m deadline set for 11/23/2021. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Return on Service, #3 Exhibit Exhibit C - Motion for Default Judgment and Affidavit, #4 Exhibit Exhibit D - Entry of Default Judgment, #5 Exhibit Exhibit E - August 20, 2021 Demand Letter, #6 Civil Cover Sheet Civil Cover Sheet, #7 Summons - M.O.S. Express, #8 Summons - Michael Dewayne Fudge) (Newton, Candace)

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Plaintiff: Wesco Insurance Company
Represented By: Joel S. Isenberg
Represented By: Kenneth W. Boyles, Jr.
Represented By: Candace Hudson Newton
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Defendant: M.O.S. Express, Inc.
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Defendant: Michael Dewayne Fudge
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Defendant: Abbie Burrell
Represented By: Andrew Moak
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