Hightower et al v. Macclenny Tire and Lube, Inc.
Plaintiff: Bobby Hightower and Rhoda Hightower
Defendant: Macclenny Tire and Lube, Inc.
Case Number: 3:2019cv00219
Filed: February 20, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Patricia D Barksdale
Referring Judge: Timothy J Corrigan
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2020 Opinion or Order Filing 44 ORDER dismissing this case with prejudice pursuant to #43 the Joint Stipulation of Dismissal With Prejudice. The Clerk should close the file. Signed by Judge Timothy J. Corrigan on 8/19/2020. (TNM)
August 18, 2020 Filing 43 NOTICE of voluntary dismissal by Bobby Hightower, Rhoda Hightower (Burleigh, Scott)
July 20, 2020 Filing 42 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Conduct mediation hearing by 9/30/2020; Pretrial statement due by 10/15/2020; Final Pretrial Conference set for 10/21/2020 at 10:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan; and, Jury Trial set for trial term commencing 11/2/2020 at 9:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 7/20/2020. (MD)
July 17, 2020 Opinion or Order Filing 41 ENDORSED ORDER granting #40 Defendant's Motion to Extend Mediation Deadline and Continue Trial (to which plaintiff is unopposed). The mediation deadline is extended until 9/30/2020, and the current final pretrial and trial deadlines and settings are vacated (including the 7/16/2020 filing of a pretrial statement, the 7/22/2020 final pretrial conference, and the 8/3/2020 trial setting). By separate order, the Court will set this case on the trial term beginning 11/2/2020. The parties and mediator are advised that the Court is encouraging mediations to be conducted remotely using video and audio technologies if the mediation cannot be conducted in person. See April 7, 2020 Memo re: Update to Jacksonville Division Protocol for Proceedings During Current National Emergency related to COVID-19, available on the Court's website under the Jacksonville Division link: www.flmd.uscourts.gov/locations/jacksonville. Signed by Judge Timothy J. Corrigan on 7/17/2020. (SRW)
July 16, 2020 Filing 40 Unopposed MOTION to Extend Mediation Deadline and Continue Trial by Macclenny Tire and Lube, Inc.. (Starrett, Laura) Modified to edit text on 7/17/2020 (KKH).
July 11, 2020 Filing 39 Second NOTICE of mediation conference/hearing to be held on 9/2/20, 10:00 am before Carle Felton. (Felton, Carle) Modified to edit text on 7/13/2020 (KKH).
July 8, 2020 Filing 38 NOTICE of Service of Proposal for Settlement to Defendant by Rhoda Hightower (Burleigh, Scott) Modified to edit text on 7/9/2020 (KKH).
July 8, 2020 Filing 37 NOTICE of Service of Proposal for Settlement to Defendant by Bobby Hightower (Burleigh, Scott) Modified to edit text on 7/9/2020 (KKH).
June 15, 2020 Filing 36 NOTICE of mediation conference/hearing to be held on 7/8/20 1:30 pm before Carle Felton. (Felton, Carle)
February 10, 2020 Filing 35 NOTICE to counsel James Preston Brunet of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk. Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account at www.flmd.uscourts.gov (Signed by Deputy Clerk). (KKH)
January 2, 2020 Opinion or Order Filing 34 ORDER granting #32 and #33 the amended motions to compel physical examinations. Signed by Magistrate Judge Patricia D. Barksdale on 1/2/2020. (KNR)
December 20, 2019 Filing 33 Amended MOTION to Compel Physical Examination of Rhoda Hightower by Macclenny Tire and Lube, Inc.. (Starrett, Laura) Motions referred to Magistrate Judge Patricia D. Barksdale.
December 20, 2019 Filing 32 Amended MOTION to Compel Physical Examination of Bobby Hightower by Macclenny Tire and Lube, Inc.. (Starrett, Laura) Motions referred to Magistrate Judge Patricia D. Barksdale.
December 2, 2019 Opinion or Order Filing 31 ORDER granting #26 and #27 the motions to compel physical examinations. Signed by Magistrate Judge Patricia D. Barksdale on 12/2/2019. (KNR)
November 26, 2019 Filing 30 RESPONSE re #26 MOTION to Compel Physical Examination of RhodaHightower filed by Bobby Hightower, Rhoda Hightower. (Burleigh, Scott)
November 26, 2019 Filing 29 RESPONSE to Motion re #27 MOTION to Compel Physical Examination of Bobby Hightower filed by Bobby Hightower, Rhoda Hightower. (Burleigh, Scott)
November 25, 2019 Opinion or Order Filing 28 ENDORSED ORDER granting in part #25 the motion to extend discovery deadlines. The defendant must disclose any expert reports by February 6, 2020. Because the defendant's requested extension of the discovery deadline to March 7, 2020, would fall after the March 6, 2020, deadline for dispositive and Daubert motions, the parties must complete discovery by March 5, 2020. Signed by Magistrate Judge Patricia D. Barksdale on 11/25/2019. (KNR)
November 22, 2019 Filing 27 MOTION to Compel Physical Examination of Bobby Hightower by Macclenny Tire and Lube, Inc.. (Starrett, Laura) Motions referred to Magistrate Judge Patricia D. Barksdale.
November 22, 2019 Filing 26 MOTION to Compel Physical Examination of RhodaHightower by Macclenny Tire and Lube, Inc.. (Starrett, Laura) Motions referred to Magistrate Judge Patricia D. Barksdale.
November 22, 2019 Filing 25 First MOTION for Extension of Time to Complete Discovery by Macclenny Tire and Lube, Inc.. (Starrett, Laura) Motions referred to Magistrate Judge Patricia D. Barksdale.
August 1, 2019 Opinion or Order Filing 24 ORDER denying without prejudice to filing an amended motion that complies with Local Rules 2.03(b) and 3.01(g) #23 Rebecca Cozart's motion asking the Court to permit Jesselea Shettle to withdraw as counsel for the plaintiffs. Signed by Magistrate Judge Patricia D. Barksdale on 8/1/2019. (ASL)
July 24, 2019 Filing 23 First MOTION for Jessa Shettle to withdraw as attorney by Bobby Hightower, Rhoda Hightower. (Burleigh, Scott) Motions referred to Magistrate Judge Patricia D. Barksdale.
July 1, 2019 Opinion or Order Filing 22 ENDORSED ORDER directing Jesselea Shettle, Esquire, to file a motion to withdraw as counsel of record that complies with Local Rules 2.03(b) and 3.01(g). Until given leave to withdraw, Ms. Shettle remains counsel of record. Signed by Magistrate Judge Patricia Barksdale on July 1, 2019.(ASL)
June 19, 2019 Filing 21 NOTICE of Change of Attorney of Record, by Bobby Hightower, Rhoda Hightower (Shettle, Jessalea) Modified on 6/20/2019 to edit text. (TMC)
May 13, 2019 Opinion or Order Filing 20 ENDORSED ORDER re #19 Plaintiff's Amended Notice of Citizenship. The Court is satisfied that it has diversity jurisdiction in this case. Signed by Judge Timothy J. Corrigan on 5/13/2019. (SEJ)
May 10, 2019 Filing 19 NOTICE by Bobby Hightower, Rhoda Hightower (Shettle, Jessalea)
April 26, 2019 Opinion or Order Filing 18 ORDER directing Plaintiffs to file another notice stating their citizenship by 5/10/19. Signed by Judge Timothy J. Corrigan on 4/26/2019. (SEJ)
April 25, 2019 Filing 17 NOTICE by Bobby Hightower, Rhoda Hightower (Shettle, Jessalea)
April 17, 2019 Opinion or Order Filing 16 ENDORSED ORDER directing Plaintiffs to file a notice by 4/26/19 stating their citizenship, as is required by 28 U.S.C. s. 1332, so the Court may confirm it has diversity jurisdiction. Signed by Judge Timothy J. Corrigan on 4/17/2019. (SEJ)
April 16, 2019 Filing 15 CASE REFERRED to Mediation. (TMC)
April 16, 2019 Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #13 Case management and scheduling order by Macclenny Tire and Lube, Inc.. (Starrett, Laura)
April 15, 2019 Filing 13 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery deadline is 2/7/2020; Conduct mediation hearing by 2/21/2020; Dispositive and Daubert motions due by 3/6/2020; Pretrial statement due by 7/16/2020; Final Pretrial Conference set for 7/22/2020 at 10:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan; and, Jury Trial set for trial term commencing 8/3/2020 at 9:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 4/15/2019. (Attachments: #1 Mediation Report form, #2 docket sheet)(MD)
April 11, 2019 Filing 12 CASE MANAGEMENT REPORT. (Shettle, Jessalea)
April 2, 2019 Filing 11 NOTICE of unavailability of counsel by Bobby Hightower, Rhoda Hightower from August 12, 2019 to August 22, 2019. (Shettle, Jessalea)
March 25, 2019 Filing 10 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Macclenny Tire and Lube, Inc..(Starrett, Laura) Modified on 3/26/2019 to create docket entry relationship. (TMC)
March 22, 2019 Filing 9 RETURN of service executed on 03/11/2019 as to Macclenny Tire and Lube, Inc., by Bobby Hightower, Rhoda Hightower (Shettle, Jessalea) Modified on 3/25/2019 to edit text to include date of service and as to whom. (TMC)
March 4, 2019 Opinion or Order Filing 8 ORDER denying without prejudice #7 the plaintiffs' motion to appoint a process server. Signed by Magistrate Judge Patricia D. Barksdale on 3/4/2019. (KNR)
February 26, 2019 Filing 7 MOTION to Appoint Process Server, by Bobby Hightower, Rhoda Hightower. (Shettle, Jessalea) Modified on 2/26/2019 to correct docket entry event type and edit text. (TMC)
February 26, 2019 Filing 6 SUMMONS issued as to Macclenny Tire and Lube, Inc. (TMC)
February 26, 2019 Filing 5 PROPOSED summons to be issued by Bobby Hightower, Rhoda Hightower. (Shettle, Jessalea)
February 25, 2019 Filing 4 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 2/25/2019. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD)
February 20, 2019 Filing 3 CORPORATE Disclosure Statement by Bobby Hightower, Rhoda Hightower. (Shettle, Jessalea)
February 20, 2019 Filing 2 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge Patricia D. Barksdale. New case number: 3:19-cv-219-J-32PDB. (SJB)
February 20, 2019 Filing 1 COMPLAINT against Macclenny Tire and Lube, Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-15151661) filed by Bobby Hightower, Rhoda Hightower. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Shettle, Jessalea) Modified on 2/21/2019 to edit text. (TMC)

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Plaintiff: Bobby Hightower
Represented By: Jessalea Miller Shettle
Represented By: Rebecca Hopper Cozart
Represented By: James Preston Brunet
Represented By: Scott A. Burleigh
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Plaintiff: Rhoda Hightower
Represented By: Jessalea Miller Shettle
Represented By: Rebecca Hopper Cozart
Represented By: James Preston Brunet
Represented By: Scott A. Burleigh
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Defendant: Macclenny Tire and Lube, Inc.
Represented By: Laura Lipsitz Starrett
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