Clark et al v. Bob Evans Transportation Company LLC et al
| Deborah Clark, Candace Davis and Terrance Hills |
| Bob Evans Transportation Company LLC, Samuel Terry, John Does and John Doe Corporations |
| 3:2025cv00049 |
| March 10, 2025 |
| U.S. District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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This docket was last retrieved on September 5, 2025. A more recent docket listing may be available from PACER.
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| NOTICE OF DOCKET CORRECTION re #38 Joint Proposal. CORRECTION: The docket text was modified to correct the description of the document filed as, "JOINT PROPOSAL by Bob Evans Transportation Company LLC, Samuel Terry" as indicated by the document. (jbh) |
| Filing 38 JOINT PROPOSAL by Bob Evans Transportation Company LLC, Samuel Terry (Attachments: #1 Document Redlined changes to Scheduling Order, #2 Document Clean version of same changes to Scheduling Order) (Baker, James) (Docket text modified on 9/5/2025 to correct the description of the document filed.) (jbh) |
| Filing 37 NOTICE OF DOCKET CORRECTION re #36 AMENDED FINAL SCHEDULING ORDER. CORRECTION: The original document was attached in error (wrong image file). The correct document was added to docket entry #36 and is attached hereto for service on the parties.(jak) |
| Filing 36 AMENDED FINAL SCHEDULING ORDER: Jury Trial set for 8/11/2026 at 9:30 AM in Little Rock, Arkansas Courtroom 1D before Judge Lee P. Rudofsky. Motion to Amend and Join Other Parties due by 12/1/2025; Discovery due by 4/13/2026; Motions due by 4/24/2026; Status Report due by 4/24/2026; and Pretrial Disclosure Sheet due by 7/13/2026. Signed at the Direction of the Court on 9/3/2025. (hml) (Additional attachment(s) added on 9/3/2025: #1 Main Document - Correct) (jak). |
| Filing 35 REPORT of Rule 26(f) Planning Meeting by Bob Evans Transportation Company LLC, Terrance Hills, Samuel Terry. Joint by all Parties (Baker, James) |
Filing 34
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Having reviewed the #30 Motion to Consolidate in this case and the identical Motion to Consolidate in 3:25-cv-00110-LPR, and having reviewed the Responses in both those cases, the Court grants the identical Motions to Consolidate. The Court will hold off on a Rule 42(b) decision until closer to trial. (Any party desiring the Court to make a 42(b) decision shall file such motion 90 days before the trial date.) All parties in the consolidated case will jointly submit a proposal for a new operative scheduling order. The proposal should use the Final Scheduling Order issued in 3:25-cv-00049-LPR as a template, but the proposal should suggest new dates that work for everyone. The 3:25-cv-00110-LPR (Hills) case shall be consolidated into the 3:25-cv-00049-LPR (Clark/Davis) case because the 3:25-cv-00049-LPR (Clark/Davis) case was filed first in this Court. Finally, counsel for Defendants is cautioned that, from here on in, the Court will strictly enforce Local Rule 7.2(a) (and all other applicable Local Rules). Signed by Judge Lee P. Rudofsky on 8/19/2025. (hml)
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Filing 33
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part #20 Bob Evans Transportation Company LLC's Motion for Judgment on the Pleadings. Sometimes, cases present hard motions and a court must write what amounts to a treatise to explain its ruling. This is not one of those times. There are no facts alleged in the Amended Complaint that would make it plausible (as opposed to just possible) that the Bob Evans Transportation Company LLC was negligent in any of the ways asserted in Counts 2-4. All of the paragraphs in Counts 2-4 are entirely conclusory. And nothing before or after those paragraphs have anything to do with whether the Bob Evans Transportation Company LLC was negligent in its hiring, supervision, training, inspection, policy promulgation, or level of care and caution with respect to Mr. Terry or the truck Mr. Terry was driving. Outside of Counts 2-4, the only fact allegations are about the accident itself. But that Mr. Terry was involved in an accident--even assuming he caused it negligently--does not make the direct negligence claims against the Bob Evans Transportation Company LLC plausible. Possible, yes. Plausible, no. Counts 2-4 are out. The dismissal of these Counts, however, is without prejudice. So long as it is within the time provided in the operative Scheduling Order and otherwise consistent with Federal Rule of Civil Procedure 15, Plaintiffs may move for leave to amend their Amended Complaint if, in discovery or otherwise, Plaintiffs learn of facts that they can allege (on a good faith basis) that would make the direct negligence claims against the Bob Evans Transportation Company LLC plausible under Iqbal and Twombly. If that occurs, the Court will then consider the Elrod issue. Signed by Judge Lee P. Rudofsky on 07/23/2025. (snb)
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| Filing 32 BRIEF IN SUPPORT re #31 Response to Motion filed by All Plaintiffs. (Grace, Connie) |
| Filing 31 RESPONSE to Motion re #30 MOTION to Consolidate Cases filed by All Plaintiffs. (Grace, Connie) |
| Filing 30 MOTION to Consolidate Cases by Bob Evans Transportation Company LLC, Samuel Terry (Baker, James) |
| Filing 29 FINAL SCHEDULING ORDER: Jury Trial set for 8/11/2026 at 9:30 AM in Jonesboro, Arkansas Courtroom (large) 324 before Judge Lee P. Rudofsky. Motions to Amend and Join Other Parties due by 12/1/2025; Discovery due by 3/13/2026; Motions due by 4/24/2026; Status Report due by 4/24/2026; and Pretrial Disclosure Sheet due by 7/13/2026. Signed at the Direction of the Court on 6/16/2025. (hml) |
| Filing 28 DOCKET ENTRY FILED IN ERROR - DISREGARD (Baker, James)(Docket text modified on 6/10/2025 to indicate the document was filed in error)(jak) |
| Filing 27 REPORT of Rule 26(f) Planning Meeting by Bob Evans Transportation Company LLC, Samuel Terry. (Baker, James) |
| NOTICE OF DOCKET CORRECTION re #28 Corporate Disclosure Statement. CORRECTION: The docket text was modified to indicate the document was filed in error (wrong case). (jak) |
| Filing 26 REPLY to Response to Motion re #20 MOTION for Judgment on the Pleadings filed by Bob Evans Transportation Company LLC. (Baker, James) |
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Filing 25
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #24 Motion for Leave to File a Reply. Signed by Judge Lee P. Rudofsky on 6/2/2025. (hml)
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| Filing 24 MOTION for Leave to File Reply by Bob Evans Transportation Company LLC (Attachments: #1 Document Reply in Further Support)(Baker, James) |
| Filing 23 BRIEF IN SUPPORT re #22 Response to Motion filed by Deborah Clark, Candace Davis. (jak) |
| NOTICE OF DOCKET CORRECTION re #22 Response to Motion. CORRECTION: The docket text was modified to indicate the brief in support was filed as an attachment in error. The brief in support was filed as a separate document by the Clerk's office at docket entry #23 . (jak) |
| Filing 22 RESPONSE to Motion re #20 MOTION for Judgment on the Pleadings filed by All Plaintiffs. (Grace, Connie) (Docket text modified on 5/30/2025 to indicate the brief in support was filed as an attachment in error) (jak) |
| Filing 21 BRIEF IN SUPPORT re #20 Motion for Judgment on the Pleadings filed by Bob Evans Transportation Company LLC, Samuel Terry. (Baker, James) |
| Filing 20 MOTION for Judgment on the Pleadings by Bob Evans Transportation Company LLC, Samuel Terry (Baker, James) |
| Filing 19 ANSWER to #17 Amended Complaint with Jury Demand by Bob Evans Transportation Company LLC, Samuel Terry.(Baker, James) |
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #11 Motion for Judgment on the Pleadings. The Motion violates Local Rule 7.2(a). The motion is not accompanied by a separate brief. Signed by Judge Lee P. Rudofsky on 5/8/2025. (hml)
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| Filing 17 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Candace Davis, Deborah Clark (Attachments: #1 Exhibit)(Grace, Connie) |
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #14 Motion for Leave to File Amended Complaint. No response to the motion has been filed and the time to so has expired. Signed by Judge Lee P. Rudofsky on 4/28/2025. (hml)
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| Filing 15 RESPONSE to Motion re #11 MOTION for Judgment on the Pleadings Partial filed by All Plaintiffs. (Grace, Connie) |
| Filing 14 Unopposed MOTION for Leave to File First Amended Complaint by All Plaintiffs (Attachments: #1 Exhibit)(Grace, Connie) |
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #12 Motion for Extension of Time to File a Response to #11 Motion for Partial Judgment on the Pleadings. Response due by 4/14/2025. Signed by Judge Lee P. Rudofsky on 4/8/2025. (hml)
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #11 MOTION for Judgment on the Pleadings Partial by All Plaintiffs (Attachments: #1 Exhibit)(Grace, Connie) |
| Filing 11 MOTION for Judgment on the Pleadings Partial by Bob Evans Transportation Company LLC, Samuel Terry (Baker, James) |
| Filing 10 Deficiency Letter from Clerk of Court notifying party that #6 Answer to Complaint lacks a correct case number (Local Rule 5.5(a)). (jak) |
| Filing 9 INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 6/4/2025 and Jury Trial set for 7/7/2026 at 9:30 AM in Jonesboro, Arkansas Courtroom (large) 324 before Judge Lee P. Rudofsky. Signed at the Direction of the Court on 3/17/2025. (hml) |
| Filing 8 NOTICE of Appearance by Justin Minton on behalf of All Plaintiffs (Minton, Justin) |
| Filing 7 NOTICE of Appearance by Connie L. Grace on behalf of All Plaintiffs (Grace, Connie) |
| Filing 6 ANSWER to #2 Complaint with Jury Demand by Bob Evans Transportation Company LLC, Samuel Terry.(Baker, James) (Additional attachment(s) added on 3/17/2025: #1 Main Document - Correct (submitted 3/17/2025)) (jak). |
| Filing 5 Corporate Disclosure Statement (Rule 7.1) by Bob Evans Transportation Company LLC, Samuel Terry (Baker, James) |
| Filing 4 Deficiency Letter from Clerk of Court notifying party that Corporate Disclosure Statement not filed with first appearance, pleading, petition, motion, response, or other request (F.R.Cv.P. 7.1) re #1 Notice of Removal. (ldb) |
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Filing 3
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ldb)
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| Filing 2 COMPLAINT with Jury Demand filed by Candace Davis, Deborah Clark against All Defendants. (ldb) |
| Filing 1 NOTICE OF REMOVAL by Bob Evans Transportation Company LLC, Samuel Terry from Mississippi County Circuit Court, case number 47OCV-25-00021. Fee $405, receipt number LIT9828. (Attachments: #1 Civil Cover Sheet)(ldb) |
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