Hooks-Clements v. Lane et al
| Paula Hooks-Clements |
| John Does I-IX, Louis Lane, HEC Leasing, LLC and Titan Transfer, Inc. |
| 2:2020cv02231 |
| December 10, 2020 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 TEXT ONLY ORDER granting #10 Motion to Dismiss for Failure to State a Claim. The motion is construed as a Rule 12(c) motion for judgment on the pleadings. Plaintiff alleges no facts from which it can be inferred that Defendant HEC Leasing, LLC had knowledge that Defendant Louis Lane's driving posed a risk to others when HEC Leasing, LLC leased a tractor-trailer to Lane's employer, Defendant Titan Transfer, Inc. Defendant HEC Leasing, LLC is shielded from liability under the Graves Amendment, 49 U.S.C. 30106. See Carton v. Gen. Motor Acceptance Corp., 611 F.3d 451 (8th Cir. 2010). Claims against Defendant HEC Leasing, LLC are DISMISSED WITH PREJUDICE.FURTHER denying #12 Motion to Dismiss for Failure to State a Claim. The motion is construed as a Rule 12(c) motion for judgment on the pleadings. Plaintiff's complaint alleges sufficient nonconclusory facts that, along with reasonable inferences drawn therefrom, plead plausible direct negligence claims and put Defendant Titan Transfer, Inc. on notice of the basis for those claims against it, arising out of its conduct surrounding its employee, Defendant Louis Lane, and the motor vehicle accident giving rise to this action. Signed by Honorable P. K. Holmes III on February 1, 2021. (rab) |
| Filing 21 FINAL SCHEDULING ORDER, as set forth. Jury Trial set for 10/25/2021 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on January 21, 2021. (jas) |
| Filing 20 JOINT REPORT of Rule 26(f) Planning Meeting by HEC Leasing, LLC, Louis Lane, Titan Transfer, Inc.. (Williams, John) |
| Filing 19 REPLY to Response to Motion re #12 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) filed by Louis Lane, Titan Transfer, Inc.. (Williams, John) |
| Filing 18 REPLY to Response to Motion re #10 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) filed by HEC Leasing, LLC. (Williams, John) |
| Filing 17 RESPONSE IN OPPOSITION TO Motion re #10 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) Brief in Support filed by Paula Hooks-Clements. (Attachments: #1 Exhibit Crash Report.)(Cook, Craig) |
| Filing 16 RESPONSE IN SUPPORT OF Motion re #10 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) filed by Paula Hooks-Clements. (Cook, Craig) |
| Filing 15 RESPONSE IN OPPOSITION TO Motion re #12 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) Brief in Support filed by Paula Hooks-Clements. (Attachments: #1 Exhibit Exhibit 1-Crash Report.)(Cook, Craig) |
| Filing 14 RESPONSE IN OPPOSITION TO Motion re #12 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) filed by Paula Hooks-Clements. (Cook, Craig) |
| Filing 13 MEMORANDUM BRIEF in Support of #12 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) by Louis Lane, Titan Transfer, Inc.. (Williams, John) |
| Filing 12 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) by Louis Lane, Titan Transfer, Inc.. (Williams, John) |
| Filing 11 MEMORANDUM BRIEF in Support of #10 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) by HEC Leasing, LLC. (Williams, John) |
| Filing 10 First MOTION to Dismiss for Failure to State a Claim Rule 12(b)(6) by HEC Leasing, LLC. (Williams, John) |
| Filing 9 INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 1/20/2021. Jury Trial set for 10/25/2021 09:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on December 14, 2020. (jas) |
| Filing 8 NOTICE by HEC Leasing, LLC, Louis Lane, Titan Transfer, Inc. Amended Notice of Removal (Williams, John) |
Filing 7
ORDER TO SHOW CAUSE - Show Cause Response due by 12/14/2020. Signed by Honorable P. K. Holmes III on December 10, 2020. (mjm)
|
| Filing 6 ANSWER to #4 Complaint by HEC Leasing, LLC, Louis Lane, Titan Transfer, Inc..(mjm) |
| Filing 5 NOTICE of Appearance by John Walker Williams on behalf of HEC Leasing, LLC, Louis Lane, Titan Transfer, Inc.. (Williams, John) |
| Filing 4 COMPLAINT with Jury Demand against John Does I-IX, HEC Leasing, LLC, Louis Lane, Titan Transfer, Inc., filed by Paula Hooks-Clements. (Originally filed in the Circuit Court of Crawford County on 11/13/2020 in case 17CV-20-460)(mjm) |
| Filing 3 Magistrate Notice/Consent Form. (mjm) |
| Filing 2 NOTICE OF REMOVAL from Circuit Court of Crawford County, Arkansas, case number 17CV-20-460, filed by Louis Lane, Titan Transfer, Inc., HEC Leasing, LLC. (Attachments: #1 Exhibit A: State Court Pleadings)(mjm) |
| Filing 1 CIVIL COVER SHEET for case initiated by HEC Leasing, LLC, Louis Lane, Titan Transfer, Inc.. (mjm) |
| Notice of Removal filing fee paid re #2 Notice of Removal : $ 402, receipt number AARWDC-2289644.. (Comstock, Christy) |
| CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal. You MUST pay the filing fee of $402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 12/14/2020. (mjm) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
