POWELL et al v. SHEFFIELD et al
| CAROL TREECE POWELL and ELMER V POWELL |
| PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD and KIMBERLY R SHEFFIELD |
| 5:2018cv00415 |
| November 5, 2018 |
| US District Court for the Middle District of Georgia |
| MARC THOMAS TREADWELL |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 24, 2021. A more recent docket listing may be available from PACER.
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| Filing 38 ***Disregard***MOTION to Continue Filed by PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD.(vs) Modified on 6/23/2020 to add docket text(vs). |
| Filing 37 MOTION to Continue Filed by PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD.(tam) |
| Filing 36 This is a text only entry; no document issued. ORDER GRANTING #34 Motion for Extension of Time to File Pretrial Submissions. All pretrial submission deadlines in #33 Order for Pretrial Conference are extended 30 days. The pretrial conference and trial dates will be set at a later date. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/21/2020. (kat) |
| Notice of Deficiency (related document(s): #35 Notice Intent to Withdraw as Counsel filed by CAROL TREECE POWELL and ELMER V POWELL ); Pursuant to Local Rule 83.1.4, an attorney (other than a government attorney) appearing of record in any action pending in this district, who wishes to withdraw as counsel for any party therein, shall submit a written motion for an order of court permitting such withdrawal. A Motion to Withdraw As Attorney must be filed. (cma) |
| Filing 35 NOTICE Intent to Withdraw as Counsel by CAROL TREECE POWELL, ELMER V POWELL (HARRIS, KRISTEN) |
| Filing 34 MOTION for Extension of Time to File Pre-Trial Submission Dates. by CAROL TREECE POWELL, ELMER V POWELL filed by KRISTEN W HARRIS.(HARRIS, KRISTEN) |
| NOTICE OF CONTINUATION OF PRETRIAL CONFERENCE AND JURY TRIAL. The pretrial conference PREVIOUSLY set for 6/30/2020 is continued to a date to be determined. The jury trial is moved to the term scheduled to begin August 17, 2020, at 9:00 AM. However, the pretrial submission dates set in #33 Order for Pretrial Conference remain the same. (kat) |
Filing 33
ORDER for Pretrial Conference: Pretrial Conference set for 6/30/2020 at 2:30 PM in Macon before US DISTRICT JUDGE MARC THOMAS TREADWELL. Proposed Pretrial Order due by 6/23/2020. Trial term scheduled to begin 7/20/2020. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/30/2020. (Attachments: #1 Required Form)(kat)
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Filing 32
ORDER GRANTING in part and DENYING in part #18 MOTION to Strike; DENYING #19 MOTION for Summary Judgment; and DENYING #21 MOTION for Partial Summary Judgment. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/28/2020. (kat)
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| Filing 31 Minute Order: Motion hearing held 1/14/2020 before US DISTRICT JUDGE MARC THOMAS TREADWELL: GRANTING in part and DENYING in part #18 Motion to Strike ; DENYING #19 Motion for Summary Judgment; and DENYING #21 Cross-Motion for Partial Summary Judgment. (Court Reporter Darlene Fuller.) (kat) |
| ***DISREGARD - ENTRY MADE IN ERROR***REMARK: (ans) Modified on 12/16/2019 (ans). |
| NOTICE OF SETTING HEARING ON MOTION re #19 MOTION for Summary Judgment, #18 MOTION to Strike, and #21 Response re #19 Motion for Summary Judgment and Plaintiff's Cross-Motion for Partial Summary Judgment: Motion Hearing set for 1/14/2020 at 2:30 PM in Macon before US DISTRICT JUDGE MARC THOMAS TREADWELL. (kat) |
| Filing 30 NOTICE of Motion to Withdraw. The Court has extended the deadlines for Defendants to reply to pending motions until and including November 22, 2019. (kat) |
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Filing 29
ORDER GRANTING #28 Motion to Withdraw as Attorney. Attorney MICHAEL J. MARSHALL is terminated. In accordance with Local Rule 83.1.4, the Clerk is DIRECTED to notify the Defendants of this Order at their last known address. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/31/2019. (kat)
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| Filing 28 MOTION to Withdraw as Attorney by PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD filed by MICHAEL J MARSHALL. (Attachments: #1 Exhibit A - Declaration of Michael J. Marshall, #2 Proposed Order)(MARSHALL, MICHAEL) |
| Filing 27 This is a text only entry; no document issued. ORDER granting #26 Motion for Extension of Time to File RESPONSE. The time in which Defendants mustfile and serve their Response to the Plaintiffs Cross Motion for Summary Judgment and Reply Briefs to Plaintiffs Responses is extended through and including November 1, 2019. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/26/2019. (hmc) |
| Filing 26 CONSENT MOTION for Extension of Time to File REPLY TO RESPONSE as to #19 MOTION for Summary Judgment, #18 MOTION to Strike by PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD filed by MICHAEL J MARSHALL. (Attachments: #1 Proposed Order)(MARSHALL, MICHAEL) |
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Filing 25
ORDER GRANTING #24 Motion for Partial Dismissal. The breach of contract claim against Defendants Kimberly and Jerry Sheffield only is DISMISSED with prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/24/2019. (kat)
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| Filing 24 MOTION to Dismiss Breach of Contract Claims Against Defendants Kimberly and Jerry Sheffield by CAROL TREECE POWELL, ELMER V POWELL filed by KRISTEN W HARRIS. (Attachments: #1 Exhibit Order on Motion)(HARRIS, KRISTEN) |
| Filing 23 Certificate of Need to File Discovery by CAROL TREECE POWELL, ELMER V POWELL. Related document: #19 MOTION for Summary Judgment filed by JERRY SHEFFIELD, PREMIER CONSTRUCTION LLC, KIMBERLY R SHEFFIELD.(HARRIS, KRISTEN) |
| Filing 22 Certificate of Need to File Discovery by CAROL TREECE POWELL, ELMER V POWELL. Related document: #18 MOTION to Strike filed by JERRY SHEFFIELD, PREMIER CONSTRUCTION LLC, KIMBERLY R SHEFFIELD.(HARRIS, KRISTEN) |
| Filing 21 RESPONSE filed by CAROL TREECE POWELL, ELMER V POWELL re #19 MOTION for Summary Judgment and PLAINTIFF'S CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT (Attachments: #1 Stmt of Material Facts Resp Response to Def's Stmt Mat Facts, #2 Exhibit Jerry Sheffield Dep, #3 Exhibit Pls' Supplemental Disclosures, #4 Exhibit Pls' Initial Disclosures)(HARRIS, KRISTEN) Modified on 12/11/2019 change text to reflect motion in document (cma). |
| Filing 20 RESPONSE filed by CAROL TREECE POWELL, ELMER V POWELL re #18 MOTION to Strike (Attachments: #1 Defendants' Initial Disclosures, #2 Plaintiffs' Initial Disclosures, #3 Pl Elmer Powell's Answers to Def's Interrogatories, #4 Pl Carol Powell's Answers to Def's Interrogatories, #5 Pls' Resp. to Defs' RPD, #6 Pls' Supplemental Disclosures, #7 Pls' Demand Letter to Defs)(HARRIS, KRISTEN) |
| Filing 19 MOTION for Summary Judgment by PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD, KIMBERLY R SHEFFIELD filed by MICHAEL J MARSHALL. (Attachments: #1 Affidavit of Michael J. Marshall, #2 Statement of Material Facts pursuant to Rule 56, #3 Memorandum in Support of Motion for Summary Judgment)(MARSHALL, MICHAEL) |
| Filing 18 MOTION to Strike by PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD, KIMBERLY R SHEFFIELD filed by MICHAEL J MARSHALL. (Attachments: #1 Exhibit Affidavit of Michael J. Marshall)(MARSHALL, MICHAEL) |
| Filing 17 NOTICE of Service of Defendants' Offer of Judgment by PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD, KIMBERLY R SHEFFIELD (MARSHALL, MICHAEL) |
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Filing 16
ORDER GRANTING #14 Joint Motion for Partial Dismissal and TERMINATING #12 Plaintiffs' Motion to Amend. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/25/2019. (kat)
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| Filing 15 NOTICE Notice of Withdrawal of Plaintiffs' Motion to Amend Complaint by CAROL TREECE POWELL, ELMER V POWELL re #12 MOTION to Amend/Correct #1 Complaint, (HARRIS, KRISTEN) |
| Filing 14 JOINT MOTION to Dismiss Counts III (fraud), IV (conspiracy to commit fraud), and V (punitive damages) against all Defendants and Count II (negligence) as to Defendant Kimberly Sheffield only by CAROL TREECE POWELL, ELMER V POWELL filed by KRISTEN W HARRIS. (Attachments: #1 Proposed Order)(HARRIS, KRISTEN) |
| Filing 13 RESPONSE filed by PREMIER CONSTRUCTION LLC, JERRY SHEFFIELD, KIMBERLY R SHEFFIELD re #12 MOTION to Amend/Correct #1 Complaint, (MARSHALL, MICHAEL) |
| Filing 12 TERMINATED-FIRST MOTION to Amend/Correct #1 Complaint, by CAROL TREECE POWELL, ELMER V POWELL filed by KRISTEN W HARRIS. (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Exhibit Jerry Sheffield Dep. March 1, 2019, #3 Exhibit Injunction Hearing Transcript Aug 18, 2017, #4 Exhibit Jerry Sheffield Dep. Oct 4, 2017, #5 Exhibit Quitclaim Deeds, #6 Exhibit Operating Agreement of Premier Construction)(HARRIS, KRISTEN) Modified on 7/25/2019 Motion terminated pursuant to #15 Notice to Withdraw Motion (cma). |
| Filing 11 Discovery Status Report by CAROL TREECE POWELL, ELMER V POWELL.(HARRIS, KRISTEN) |
| Filing 10 Discovery Order Memorandum(cma) |
| Filing 9 SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 7/31/2019. Dispositive and Daubert motions due by 8/30/2019. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/1/2019. (kat) |
| Filing 8 RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 2/1/2019. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/2/2019. (Attachments: #1 Required Form)(kat) |
| Filing 7 Jurisdictional Statement by PREMIER CONSTRUCTION LLC (MARSHALL, MICHAEL) |
| Filing 6 Corporate Disclosure Statement by PREMIER CONSTRUCTION LLC (MARSHALL, MICHAEL) |
| Filing 5 ANSWER to Complaint by PREMIER CONSTRUCTION LLC with Jury Demand. (Attachments: #1 VERIFICATION OF PREMIER CONSTRUCTION, LLC)(MARSHALL, MICHAEL)Attorney MICHAEL J MARSHALL added to party PREMIER CONSTRUCTION LLC(pty:dft) |
| Filing 4 ANSWER to Complaint by KIMBERLY R SHEFFIELD with Jury Demand. (Attachments: #1 VERIFICATION OF KIMBERLY R. SHEFFIELD)(MARSHALL, MICHAEL)Attorney MICHAEL J MARSHALL added to party KIMBERLY R SHEFFIELD(pty:dft) |
| Filing 3 ANSWER to Complaint by JERRY SHEFFIELD with Jury Demand. (Attachments: #1 VERIFICATION OF JERRY SHEFFIELD)(MARSHALL, MICHAEL)Attorney MICHAEL J MARSHALL added to party JERRY SHEFFIELD(pty:dft) |
| Filing 2 Consent Form (28 USC 636(c)(1)) sent to CAROL TREECE POWELL, ELMER V POWELL (ggs) |
| Filing 1 COMPLAINT against All Defendants Fee paid: Receipt # 113G-3014406, $400 filed by All Plaintiffs (Attachments: #1 Civil Cover Sheet, #2 Verifications, #3 Exhibit Ga Corp Div Bus Info, #4 Exhibit Construction Contract, #5 Exhibit Engineer's Report, #6 Exhibit Repair Estimate, #7 Exhibit Letter, #8 Exhibit Invoices)(HARRIS, KRISTEN) |
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