Reynolds et al v. Blackberry Farm LLC et al
| Mark Reynolds and Susan Reynolds |
| Blackberry Farm LLC, Mikey's Motors LLC and Textron Specialized Vehicles doing business as E-Z Go |
| 4:2021cv00451 |
| May 25, 2021 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 26 E-MAIL received from U.S. District Court Eastern District of Tennessee, confirming the case was received and opened in their district as case number 3:21-cv-00293. (jak) |
Filing 25
ORDER given where this case needs to be litigated, the three motions to dismiss - #15 & #17 in case 4:21-cv-451 DPM and 10 in 4:21-cv-459 DPM - are denied without prejudice as moot. #23 Motion for extension of time to respond to the complaint in 4:21-cv-451 DPM and 16 in 4:21-cv-459 DPM - are granted. Answer or Rule 12(b) motions due by 8/25/2021. The pending motions, related filings, and further thoughts from the parties confirm that the interest of justice will be best served by transferring these companion cases to the United States District Court for the Eastern District of Tennessee. Motions to transfer #19 in 4:21-cv-451 DPM and 12 in 4:21-cv-459 DPM are granted. Both cases are transferred to that district. Signed by Chief Judge D. P. Marshall Jr. on 8/11/2021. (jak)
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| Docket Note: Pursuant to #25 Order, this case was electronically transferred to the U.S. District Court for the Eastern District of Tennessee on this date.(jak) |
| Filing 24 RESPONSE in Opposition re #23 MOTION for Extension of Time to File Answer re #1 Complaint, filed by All Plaintiffs. (Poynter, Scott) |
| Filing 23 MOTION for Extension of Time to File Answer re #1 Complaint, by Blackberry Farm LLC (Attachments: #1 Exhibit EXHIBIT 1)(Joy, Justin) |
| Filing 22 NOTICE of Appearance by Justin N. Joy on behalf of Blackberry Farm LLC (Joy, Justin) |
| Filing 21 RESPONSE to #19 RESPONSE in Opposition and MOTION to Transfer by Textron Specialized Vehicles (Drennon, Baxter) (Docket text modified on 8/3/2021 to correct the description of the document filed) (jak) |
| NOTICE OF DOCKET CORRECTION re #19 Response and #21 Notice. CORRECTION: The docket text for docket entry #19 was modified to correct the filing event as "Response and Motion to Transfer" to show as a pending motion on the docket as marked on the document. The docket text for docket entry #21 was modified to correct the description of the document filed as "RESPONSE to #19 RESPONSE in Opposition and MOTION to Transfer by Textron Specialized Vehicles" as marked on the document. (jak) |
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Filing 20
ORDER: The pending motions and related filings in these companion cases suggest the parties agree that transferring both actions to the United States District Court for the Eastern District of Tennessee would make good sense. If any party wishes to be heard further on this issue, the Court would appreciate an expedited response by 08/03/2021. Signed by Chief Judge D. P. Marshall Jr. on 07/27/2021. (ajt)
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| Filing 19 RESPONSE in Opposition re #15 Motion to Dismiss and MOTION to Transfer filed by All Plaintiffs. (Poynter, Scott)(Docket entry modified on 8/3/2021 to correct the filing event)(jak) |
| Filing 18 BRIEF IN SUPPORT re #17 Motion to Dismiss filed by Textron Specialized Vehicles. (Drennon, Baxter) |
| Filing 17 MOTION to Dismiss by Textron Specialized Vehicles (Attachments: #1 Exhibit 1)(Drennon, Baxter) |
| Filing 16 BRIEF IN SUPPORT re #15 Motion to Dismiss filed by Mikey's Motors LLC. (mdo) |
| Filing 15 MOTION to Dismiss by Mikey's Motors LLC (mdo) |
| Filing 14 NOTICE by All Plaintiffs Service on Mikeys Motors L.L.C. (Holland, Philip) |
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, Doc. #12 , denied without prejudice. The Court prefers designation of an attorney who maintains an office in Arkansas. Local Rule 83.5(d), para. 2. The Court directs the Clerk to return the $100 application fee to counsel. Signed by Chief Judge D. P. Marshall Jr. on 6/29/2021. (slb)
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| Filing 12 MOTION for Leave to Appear pro hac vice by Ellis A. Sharp filed by Mikey's Motors LLC. Fee $100 received, receipt number LIT082671. (mdo) |
| Filing 11 Deficiency Letter from Clerk of Court notifying party that #10 Waiver of Service Executed lacks a correct case number (Local Rule 5.5(a)). (jak) |
| Filing 10 WAIVER OF SERVICE Returned Executed as to Blackberry Farm LLC by Susan Reynolds, Mark Reynolds. (Holland, Philip) (Additional attachment(s) added on 6/21/2021: #1 Main Document - Correct (submitted 6/21/2021)) (jak). |
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Filing 9
ORDER: A golf cart crash involving Arkansawyer families visiting a Tennessee resort has generated two lawsuits. The lawyers in each case are the same. Common questions of fact and law exist. In their Federal Rule of Civil Procedure 26(f) reports, the parties should address whether consolidation or coordination would be most useful. Signed by Chief Judge D. P. Marshall Jr. on 6/15/2021. (jak)
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| Filing 8 WAIVER OF SERVICE Returned Executed as to Textron Specialized Vehicles by Susan Reynolds, Mark Reynolds. (Holland, Philip) |
| Filing 7 NOTICE of Appearance by Everett Clarke Tucker, IV on behalf of All Plaintiffs (Tucker, Everett) |
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Filing 6
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Notice, Doc. #5 , appreciated. Withdrawn motion, Doc. #2 , denied as moot. The Court applauds the parties' cooperation. Signed by Chief Judge D. P. Marshall Jr. on 5/28/2021. (slb)
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| Filing 5 NOTICE by All Plaintiffs re #2 MOTION for Temporary Restraining Order - Plaintiffs' Withdrawal of Motion for Temporary Order (Poynter, Scott) |
| Filing 4 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held on 26 May 2021 before Chief Judge D. P. Marshall Jr. via telephone: The Court heard from counsel on the pending motion for immediate and temporary order, Doc. 2. A joint proposal from counsel is due by Friday, 28 May 2021. An Order will follow. (For Plaintiffs: Scott Poynter; For Defendants: Kristina Reliford, Baxter Drennon, and Mitchell Panter; and Court Reporter Kathy Maloney). (slb) |
| Filing 3 MEMORANDUM of Law in Support of #2 MOTION for Immediate and Temporary Order filed by Susan Reynolds, Mark Reynolds. (ajt) |
| Filing 2 MOTION FOR IMMEDIATE AND TEMPORARY ORDER by Mark Reynolds, Susan Reynolds. (ajt) |
| Filing 1 COMPLAINT with Jury Demand against Blackberry Farm LLC, Mikey's Motors LLC, Textron Specialized Vehicles filed by Susan Reynolds, Mark Reynolds. (Fee $402 paid. Receipt Number LIT082245.) Summons issued and returned to counsel. (Attachments: #1 Civil Cover Sheet)(ajt) |
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