Hickerson et al v. Enterprise Leasing Company of Georgia, LLC et al
| Calvin Moore, Christian Moore and Adoracion Hickerson |
| Enterprise Leasing Company of Georgia, LLC, Ean Holdings, LLC and Timothy G. Gentry |
| 1:2018cv01199 |
| March 21, 2018 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Steve C Jones |
| William M Ray |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Motor Vehicle |
| Both |
Docket Report
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This docket was last retrieved on July 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 61 Certified copy of MANDATE of USCA AFFIRMING the decision of the District Court re: #56 Notice of Appeal, filed by Adoracion Hickerson. Case Appealed to USCA- 11th Circuit. Case Number 19-13670. (pjm) |
| Filing 60 USCA Opinion received (AFFIRMED) re: #56 Notice of Appeal, filed by Adoracion Hickerson. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 19-13670-GG. (pjm) |
| Filing 59 USCA Acknowledgment of #56 Notice of Appeal, filed by Adoracion Hickerson. Case Appealed to USCA- 11th Circuit. Case Number 19-13670-GG. (pjm) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #56 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 19-13670-GG. The entire record on appeal is available electronically. (pjm) |
| Filing 58 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: #56 Notice of Appeal. (pjm) |
| Filing 57 NOTICE Of Filing NOA Transmittal Letter re: #56 Notice of Appeal. (pjm) |
| Filing 56 NOTICE OF APPEAL as to #55 Clerk's Judgment, #53 Order on Motion for Reconsideration,, Order on Motion to Dismiss for Failure to State a Claim, #54 Clerk's Judgment by Adoracion Hickerson. Transcript Order Form due on 9/30/2019 (Pratt, William) |
| Payment of Appeal Fees re #56 Notice of Appeal, by Adoracion Hickerson. Filing fee $ 505, receipt number AGANDC-8935156. (Pratt, William) |
| Filing 55 CLERK'S JUDGMENT granting Defendants' Motion to Dismiss. (rlb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Notification of Docket Correction re #55 Clerk's Judgment updated with correct case caption. (rlb) |
| Filing 54 ---DOCUMENT FILED IN ERROR--- CLERK'S JUDGMENT granting Defendants' Motion to Dismiss (rlb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- Modified on 9/4/2019 (rlb). |
Filing 53
ORDER: The Court finds that jurisdiction before this Court is proper. The Court DENIES Plaintiffs' Motion to Reconsider Motion to Amend and for Remand #41 and GRANTS Defendants' Renewed Motion to Dismiss #43 . The Clerk is hereby DIRECTED to terminate this Case. Signed by Judge William M. Ray, II on 8/26/19. (rlb)
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| Civil Case Terminated. (rlb) |
| Filing 52 Notice of Leave of Absence for Christopher Stovall for the following dates: September 13-24, 2019 and November 25-27, 2019 by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC (Jenniges, Eric) Modified on 7/16/2019 to edit text(rlb). |
| Filing 51 Supplemental Brief on Court's Discretion to Determine Amount in Controversy for Diversity Jurisdiction Purposes re #41 MOTION for Reconsideration - filed by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Stovall, Christopher) Modified on 7/16/2019 to edit text (rlb). |
| Filing 50 Supplemental Memorandum in Response in Opposition to #41 MOTION for Reconsideration filed by Adoracion Hickerson. (Pratt, William) Modified on 7/16/2019 to edit text (rlb). |
| Filing 49 TRANSCRIPT of Motion Hearing held on June 20, 2019, before Judge William M. Ray, II. Court Reporter Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 10/9/2019. (Attachments: #1 Notice of Filing Transcript) (wxb) |
| Filing 48 NOTICE of Leave of Absence for the following dates: July 15-19, 2019; August 2, 2019; August 12-13, 2019; September 5-6, 2019; October 18-25, 2019; November 25-27, 2019 by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC (Jenniges, Eric) |
| Filing 47 Minute Entry for proceedings held before Judge William M Ray, II: Motion Hearing held on 6/20/2019. #41 Motion for Reconsideration TAKEN UNDER ADVISEMENT. #43 Motion to Dismiss for Failure to State a Claim TAKEN UNDER ADVISEMENT. #43 Motion for Judgment TAKEN UNDER ADVISEMENT. Parties argued the pending motions. The Court stated it will not make substantive decisions dismissing or resolving the claims until it determines there is jurisdiction here. The parties are directed to provide further briefing as to this issue and submit by July 12. The Court will rule shortly thereafter. (Court Reporter Wynette Blathers)(rlb) |
| Submission of #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR FOR JUDGMENT ON THE PLEADINGS, to District Judge William M Ray II. (rlb) |
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Filing 46
ORDER: #43 Motion to Dismiss will be added to the calendar along with the #41 Motion for Reconsideration which is currently scheduled for June 20, 2019. Signed by Judge William M Ray, II on 5/30/19. (rlb)
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ORDER granting #44 Motion for Oral Argument. Ruled on by Judge William M Ray, II on 5/30/19 within #46 . (rlb)
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| Filing 45 REPLY BRIEF re #41 MOTION for Reconsideration, #44 MOTION for Oral Argument filed by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Pratt, William) Modified on 5/29/2019 to edit text (rlb). |
| Submission of #41 MOTION for Reconsideration, to District Judge William M Ray II. (rlb) |
| Filing 44 MOTION for Oral Argument re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR FOR JUDGMENT ON THE PLEADINGS by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Stovall, Christopher) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR MOTION FOR JUDGMENT ON THE PLEADINGS by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Stovall, Christopher) . Added MOTION for Judgment on 6/17/2019 (jkl). |
| Filing 42 RESPONSE in Opposition re #41 MOTION for Reconsideration filed by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Stovall, Christopher) |
| NOTICE of Hearing on Motion re: #41 MOTION for Reconsideration. Motion Hearing set for 6/20/2019 at 01:00 PM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl) |
| Filing 41 MOTION for Reconsideration with Brief In Support by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Attachments: #1 Brief Memo in support of motion for leave, #2 Brief Memo in support of reconsideration of motion to remand, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Pratt, William) |
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Filing 40
SCHEDULING ORDER: re: #39 Joint Preliminary Report and Discovery Plan the four-month discovery deadline is August 25, 2019. Any Motions for Summary Judgment must be filed by September 25, 2019, and if no Motions for Summary Judgment are filed, the Proposed Consolidated Pretrial Order will be due on September 25, 2019. The Clerk is directed to submit this action on September 26, 2019, if the parties have not filed a Motion for Summary Judgment or Proposed Pretrial Order. Signed by Judge William M Ray, II on 3/27/2019. (rlb)
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| Filing 39 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Stovall, Christopher) |
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Filing 38
ORDER: This case is hereby REINSTATED as to Defendants Enterprise Leasing Company of Georgia, LLC and EAN Holdings, LLC. The parties are also hereby ORDERED to file their Joint Preliminary Report and Discovery Plan within twenty (20) days of the date of this Order. re #31 Signed by Judge William M Ray, II on 3/5/2019. (rlb)
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| Submission of #31 MOTION to Reopen Case to District Judge William M Ray II. (bnp) |
| Filing 37 Notice for Leave of Absence for the following date(s): April 1-9, 2019, May 9-10, 2019, June 24 -July 15, 2019, by J. S. Scott Busby. (Busby, J.) |
| Filing 36 RESPONSE in Opposition re #31 MOTION to Reopen Case filed by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Pratt, William) |
| Filing 35 RESPONSE in Opposition re #31 MOTION to Reopen Case filed by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Stovall, Christopher) |
| Filing 34 NOTICE of Appearance by Christopher Reed Stovall on behalf of Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC (Stovall, Christopher) |
| Filing 33 NOTICE of Change of Address for William Lawton Pratt, counsel for Adoracion Hickerson (Pratt, William) |
| Filing 32 NOTICE of Change of Address for William Lawton Pratt, counsel for Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore (Pratt, William) |
| Filing 31 MOTION to Reopen Case with Brief In Support by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Attachments: #1 Brief Memo in Support)(Pratt, William) |
| Filing 30 CLERK'S JUDGMENT entered dismissing action without prejudice. (ddm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 29
ORDER dismissing action without prejudice pursuant to Local Rule 41.3(A)(2) and Fed. R. Civ. P. 4(m), for Plaintiffs' for lack of timely service and failure to comply with a lawful order of this Court and directing the Clerk to close this case. Signed by Judge William M Ray, II on 12/20/18. (ddm)
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| Civil Case Terminated. (ddm) |
| Submission of #27 ORDER directing Plaintiffs to effect service on Defendant Timothy G. Gentry and file proof of that service with the Court, to District Judge William M Ray II. (ddm) |
| Filing 28 NOTICE of Leave of Absence for January 10-23, 2019 by Enterprise Leasing Company of Georgia, LLC > (Busby, J.) |
| Case Reassigned to Judge William M Ray, II. Judge Steve C. Jones no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:18-cv-1199-WMR. Please make note of this change in order to facilitate the docketing of pleadings in this case. (rjs) |
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Filing 27
ORDER allowing Plaintiffs 45 days from the date of this Order to effect service on Defendant Timothy G. Gentry and file proof of that service with the Court. If Plaintiffs fail to do so, the case against Gentry will be dismissed without prejudice. Signed by Judge Steve C. Jones on 10/15/18. (ddm)
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| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re: #24 Order to Show Cause filed by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Attachments: #1 Exhibit A)(Pratt, William) |
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Filing 25
ORDER: Because it appears the parties are applying the wrong substantive law, the Enterprise Defendants #2 Motion to Dismiss is DENIED with leave to renew. Signed by Judge Steve C. Jones on 8/16/2018. (rjs)
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Filing 24
ORDER TO SHOW CAUSE why Defendant Gentry should not be dismissed from this action because he has not been served within the time limit imposed by Rule 4(m). Signed by Judge Steve C. Jones on 8/8/18. (jpa)
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Filing 23
ORDER DENYING joinder of Mr. Melancon as a defendant to this action pursuant 28 U.S.C. 1447(e). Plaintiffs' #3 Motion to Remand to State Court and #4 Motion for Leave to Amend are DENIED. Signed by Judge Steve C. Jones on 8/8/2018. (btql)
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| Filing 22 Notice for Leave of Absence for the following date(s): August 6-10, September 10-13, September 18 -20, 2018, by J. S. Scott Busby. (Busby, J.) |
| Filing 21 NOTICE of Leave of Absence by J. S. Scott Busby (Busby, J.) Modified on 7/10/2018 to edit text (rjs). |
| Filing 20 CERTIFICATE OF SERVICE by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC.(Busby, J.) |
| Filing 19 Notice for Leave of Absence for the following date(s): June 1, 2018 through June 4, 2018, by William Lawton Pratt. (Pratt, William) |
| Filing 18 CERTIFICATE OF SERVICE of nonparties as to Calvin Moore by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC.(Shipe, Anne-Marie) |
| Filing 17 CERTIFICATE OF SERVICE of nonparties as Christian Moore by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC.(Shipe, Anne-Marie) |
| Filing 16 CERTIFICATE OF SERVICE of nonparties as to Casey Moore by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC.(Shipe, Anne-Marie) |
| Filing 15 CERTIFICATE OF SERVICE of nonparties as to Caylan Moore by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC.(Shipe, Anne-Marie) |
| Filing 14 CERTIFICATE OF SERVICE of nonparties as to Adoracion Hickerson by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC.(Shipe, Anne-Marie) |
| Filing 13 NOTICE of Leave of Absence by J. S. Scott Busby (Busby, J.) Modified on 5/11/2018 to edit text (rjs). |
| Submission of #3 MOTION to Remand to State Court to District Judge Steve C. Jones. (jkl) |
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Filing 12
SCHEDULING ORDER: re: #7 Joint Preliminary Report and Discovery Plan. This civil action is assigned to a four (4) month discovery track, to commence thirty (30) days after the appearance of the first defendant by answer to the complaint. Discovery and all related deadlines will proceed in accordance the Local Rules of this Court as well as the Federal Rules of Federal Procedure, following the Court's ruling on the outstanding motions to dismiss and/or remand. Signed by Judge Steve C. Jones on 4/30/2018. (rjs)
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| Submission of #4 MOTION for Leave to File Amended Complaint for Damages to District Judge Steve C. Jones. (rjs) |
| Filing 11 Initial Disclosures by Adoracion Hickerson, Calvin Moore, Christian Moore.(Pratt, William) |
| Filing 10 Initial Disclosures by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC.(Busby, J.) |
| Filing 9 REPLY to Response to Motion re #4 MOTION for Leave to File Amended Complaint for Damages filed by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pratt, William) |
| Filing 8 RESPONSE in Opposition re #2 MOTION to Dismiss filed by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Pratt, William) |
| Submission of #2 MOTION to Dismiss to District Judge Steve C Jones. (rjs) |
| Filing 7 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Busby, J.) |
| Filing 6 RESPONSE in Opposition re #3 MOTION to Remand to State Court filed by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Attachments: #1 Exhibit A - Memorandum in Opposition to Motion for Leave to Amend)(Busby, J.) |
| Filing 5 RESPONSE in Opposition re #4 MOTION for Leave to File Amended Complaint for Damages filed by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Attachments: #1 Exhibit A - Plaintiffs' Original Complaint, #2 Exhibit B - Plaintiffs' Proposed Amended Complaint)(Busby, J.) |
| Filing 4 MOTION for Leave to File Amended Complaint for Damages with Brief In Support by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order, #7 Exhibit Amended Complaint for Damages)(Pratt, William) |
| Filing 3 MOTION to Remand to State Court with Brief In Support by Adoracion Hickerson, Adoracion Hickerson, Adoracion Hickerson, Calvin Moore, Christian Moore. (Attachments: #1 Brief Memo in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(Pratt, William) |
| Filing 2 MOTION to Dismiss by Ean Holdings, LLC, Enterprise Leasing Company of Georgia, LLC. (Attachments: #1 Exhibit A)(Busby, J.) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT, filed by Enterprise Leasing Company of Georgia, LLC and Ean Holdings, LLC.. (Filing fee $ 400.00 receipt number 113E-7762588) (Attachments: #1 Ex -A - Complaint, #2 Ex -B - Notice to Counsel, #3 Ex -C - Notice to Clerk, #4 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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