Griggs v. Kenworth of Montgomery, Inc. et al (MAG2)
| Alton R. Griggs, Jr. |
| Kenworth of Montgomery, Inc. and Arrow Truck Sales, Inc. |
| Yusef Brinson |
| 1:2018cv03958 |
| August 20, 2018 |
| US District Court for the Northern District of Georgia |
| XX US, Outside State |
| Thomas W Thrash |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 20, 2018. A more recent docket listing may be available from PACER.
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| Filing 129 Case transferred in from District of Alabama Middle; Case Number 2:16-cv-00406. Original file certified copy of transfer order and docket sheet received. |
Filing 128
OPINION AND ORDER: Accordingly, it is ORDERED as follows: (1) The objections (doc. no. #127 ) are overruled. (2) The magistrate judge's recommendation (doc. no. #126 ) is adopted. (3) The motions to transfer venue (doc. nos. #101 and #113 ) are granted. (4) The motion to dismiss for lack of jurisdiction (doc. no. #58 ) is denied as moot. (5) Plaintiffs Alton R. Griggs, Jr. and Yusuf Brinson's claims against only defendant Arrow Truck Sales, Inc. are transferred to the United States District Court for the Northern District of Georgia pursuant to 28 U.S.C. 1406(a). Defendant Arrow Truck Sales, Inc. is terminated as a party in this court. The clerk of the court is DIRECTED to take appropriate steps to effect the transfer. This case is not closed, and plaintiffs Griggs and Brinson's claims against defendant Kenworth of Montgomery, Inc., remain pending in this court. They are referred back to the magistrate judge. Signed by Honorable Judge Myron H. Thompson on 8/20/2018. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| OBJECTION to #126 Report and Recommendations by Arrow Truck Sales, Inc. (no pdf document attached to this entry - see docket entry #127 for pdf. Attorney used the incorrect event code. (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 127 Objection to Recommendation of the Magistrate Judge Concerning Denial of the Motion to Dismiss of Arrow Truck Sales, Inc. as Moot filed by Arrow Truck Sales, Inc.. (Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
| Motions No Longer Referred to Magistrate Judge Coody, pursuant to #126 report and recommendation: #113 First MOTION to Change Venue , #101 MOTION to Change Venue (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 126 RECOMMENDATION OF THE MAGISTRATE JUDGE that the #101 & #113 motions to transfer venue be GRANTED and the claims against def Arrow be transferred to the USDC for the Northern District of Georgia pursuant to the provisions of 28 USC 1406(a); further recommendation that Arrow's #58 motion to dismiss for lack of jurisdiction be DENIED as moot; Objections to R&R due by 8/8/2018 Signed by Honorable Judge Charles S. Coody on 7/26/2018. (kh, ) Modified on 8/2/2018 to clarify text to include the full recommendation also regarding #101 & #113 motions (qc/djy, ). [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 125
ORDER: Now pending before the court is the plaintiff's motion to amend responses, motion to amend objections and motion for reconsideration (doc. #91 ) filed on August 15, 2017. Upon consideration of the motions, and for good cause it is ORDERED that the motion to amend responses, motion to amend objections, and motion for reconsideration (doc. #91 ) be and are hereby DENIED. Signed by Honorable Judge Charles S. Coody on 7/25/2018. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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Filing 124
ORDER (Render 02/28/2018) of USCA as to #105 Notice of Appeal filed by Kenworth of Montgomery, Inc., 11th Circuit Appeal No. 17-14705-EE; Appellee's Motion to stay appellate proceedings is GRANTED. Counsel is DIRECTED to file a Status Report by the 15th of each month beginning March 15, 2018, until resolution of Plaintiff s Motion to Transfer Venue and the Motion to Dismiss, in U S. Middle District of Alabama Case No. 2:l 6-cv-00406-MHT-CSC. (ydw, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 123 Transcript Notification received from Court Reporter Patricia Starkie on 17-14705-E. (ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: #105 Notice of Appeal, Appeal No. 17-14705-E. The entire record on appeal is available electronically.(ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 122 NOTICE OF FILING OF OFFICIAL MOTION HEARING RE MOTION TO COMPEL ARBITRATION TRANSCRIPT (PDF ACCESS RESTRICTED FOR 90 DAYS) for dates of 08/09/2016 before Judge HONORABLE CHARLES S. COODY, re #105 Notice of Appeal Court Reporter/Transcriber Patricia Starkie, Telephone number 334 262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 12/20/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 2/27/2018. (ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 121 Transcript NOTIFICATION received from Court Reporter Risa L. Entrekin on 17-14705-E. (ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 120 NOTICE of Error re #119 Transcript is hereby STRICKEN as erroneous duplicate docket entry. Parties are instructed to disregard the #119 docket entry, which has been stricken from the record as an erroneous docket entry.(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 119 (STRICKEN AS DUPLICATE DOCKET ENTRY- DUE TO CLERICAL ERROR) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EVIDENTIARY HEARING Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 8/15/2017, before Honorable Judge Charles S. Coody. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/20/2018. (kh, ) Modified on 11/21/2017 (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 118 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EVIDENTIARY HEARING (PDF ACCESS RESTRICTED FOR 90 DAYS) for dates of August 15, 2017 in Montgomery, AL before Judge Charles S. Coody, re #105 Notice of Appeal. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/20/2018. (dmn, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 117 REPLY BRIEF re #113 First MOTION to Change Venue filed by Arrow Truck Sales, Inc.. (Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 116 Transcript Acknowledgment received from Court Reporter Risa L. Entrekin on 17-14705-E (ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 115 Transcript Acknowledgment received from Court Reporter Patricia Starkie on 17-14705-E. (ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 114 BRIEF/MEMORANDUM in Support of #113 Motion to Transfer filed by Yusef Brinson. (Cole, Dorey) Modified on 11/9/2017 to create link to Doc. #113 . (dmn, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 113 First MOTION to Transfer Claims against Arrow Truck Sales, Inc. to the U. S. District Court for the Northern District of Georgia, Atlanta Division by Yusef Brinson. (Cole, Dorey) Modified on 11/9/2017 to reflect actual title. (dmn, ) [Transferred from Alabama Middle on 8/20/2018.] |
| USDC assigned Court reporter Patricia Starkie to transcribe the Motion Hearing held on 8/9/2016, before Honorable Judge Charles S. Coody; And Court Reporter Risa Entrekin to transcribe the Evidentiary Hearing held on 8/15/2017, before Honorable Judge Charles S. Coody regarding #112 AMENDED TRANSCRIPT INFORMATION FORM re #105 Notice of Appeal, 11th Circuit Appeal No. 17-14705-E. No PDF with this docket entry. (ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 112 TRANSCRIPT INFORMATION FORM by Kenworth of Montgomery, Inc. for proceedings held on 08/15/2017 and 08/09/2016 before Judge Judge Charles S. Coody, (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 111 TRANSCRIPT INFORMATION FORM by Kenworth of Montgomery, Inc. for proceedings held on 08/07/2017 and 08/09/2016 before Judge Judge Charles S. Coody, (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 109 USCA Appeal Fees received $ 505.00 receipt number 4602047198 re #105 Notice of Appeal filed by Kenworth of Montgomery, Inc. 11th Circuit Appeal No. 17-14705-E (ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 108 USCA Case Number 17-14705-E for #105 Notice of Appeal filed by Kenworth of Montgomery, Inc. (ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 107 Transmission of Notice of Appeal, #12 MOTION to Change Venue, #22 MOTION to Change Venue, #26 MOTION to Compel, #97 Order, #52 MOTION to Compel Intervenor Yusef Brinson's Claims to Arbitration, and Docket Sheet to US Court of Appeals re #105 Notice of Appeal. (Attachments: #1 DOCKET SHEET)(ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 106 Appeal Instructions sent to Attorney Jess S. Boone counsel for Kenworth of Montgomery, Inc., defendant re #105 Notice of Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript. (Attachments: #1 TRANSCRIPT INFORMATION FORM)(ydw, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 105 NOTICE OF APPEAL as to #97 Order, Terminate Motions,, by Kenworth of Montgomery, Inc. (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 104
ORDERED that Arrow's motion for protective order (Doc. #98 ) is DENIED. Signed by Honorable Judge Charles S. Coody on 10/11/2017. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 110 Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Motion Hearing held on 10/10/2017 re #98 MOTION for Protective Order filed by Arrow Truck Sales, Inc. (PDF available for court use only). (Recording Time FTR: 3:01 - 3:07.) (ws, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 103 REPLY BRIEF re #98 MOTION for Protective Order , #101 MOTION to Change Venue filed by Arrow Truck Sales, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibits)(Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 102 BRIEF/MEMORANDUM in Support re #101 MOTION to Change Venue filed by Alton R. Griggs, Jr. (Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 101 MOTION to Change Venue by Alton R. Griggs, Jr. (Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 100 RESPONSE in Opposition re #98 MOTION for Protective Order filed by Alton R. Griggs, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 99
ORDERED that on or before October 6, 2017, the opposing parties shall show cause why the motion should not be granted. It is further ORDERED that the motion for a protective order (doc. #98 ) be and is hereby SET for oral argument at 3:00 p.m. Central Standard Time on October 10, 2017 by telephone conference call. Defendant Arrow shall set up the conference call. Signed by Honorable Judge Charles S. Coody on 9/27/2017. (furn: calendar, WS)(kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 98 MOTION for Protective Order by Arrow Truck Sales, Inc.. (Attachments: #1 Brief in Support, #2 Exhibit Exhibits)(Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 97
ORDER DENYING #12 AND #22 MOTIONS to Change Venue and the #26 and #52 MOTIONS to Compel Arbitration without prejudice and with leave to reinstate, following resolution of def Arrow Truck Sales, Inc.'s pending motion to dismiss, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/22/17. (Attachments: #1 civil appeals checklist)(djy, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 96 RESPONSE in Opposition re #91 MOTION To Amend Responses to Defendant Kenworth's Motion to Compel Arbitration MOTION for Reconsideration filed by Kenworth of Montgomery, Inc.. (Attachments: #1 Exhibit 1 to Kenworth's Opposition and Reponse to Plaintiff's MOtion to Amend and Motion for Reconsideration, #2 Exhibit 2 to Kenworth's Opposition and Reponse to Plaintiff's MOtion to Amend and Motion for Reconsideration)(Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 95 BRIEF/MEMORANDUM in Support re #58 MOTION to Dismiss for Lack of Jurisdiction , #91 MOTION To Amend Responses to Defendant Kenworth's Motion to Compel Arbitration MOTION for Reconsideration, #92 Order to Show Cause,,, In opposition re: #91 filed by Arrow Truck Sales, Inc.. (Attachments: #1 Exhibit Exhibit to Second Brief in Support of Arrow's Motion to Dismiss)(Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 94 RESPONSE to Motion re #58 MOTION to Dismiss for Lack of Jurisdiction , #91 MOTION To Amend Responses to Defendant Kenworth's Motion to Compel Arbitration MOTION for Reconsideration filed by Alton R. Griggs, Jr. (Attachments: #1 Exhibit A)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 93 Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Evidentiary Hearing held on 8/15/2017 (PDF available for court use only). (Recording Time FTR: 11:00 - 11:25.) (ws, ) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 92
ORDER: During the proceeding on August 15, 2017, the plaintiff raised an issue not yet briefed and requested an opportunity to file a supplemental brief. The plaintiff also filed a motion to amend responses (doc. #91 ). The defendants requested an opportunity to respond to the plaintiff's motion and supplemental brief. Accordingly, as stated in open court, and for good cause, it is ORDERED that on or before August 22, 2017, plaintiff may file a supplemental brief addressing the jurisdictional issue raised during the proceeding on August 15, 2017. It is further ORDERED that on or before September 5, 2017, the defendants shall show cause why the plaintiffs motion to amend shall not be granted. Finally, it is ORDERED that the defendants shall file a response to the plaintiff's supplemental brief on or before September 5, 2017. Signed by Honorable Judge Charles S. Coody on 8/15/2017. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 91 MOTION To Amend Responses to Defendant Kenworth's #26 Motion to Compel Arbitration by Alton R. Griggs, Jr. (Attachments: #1 Exhibit Excerpts from Timothy Parker Deposition (Exhibits Included), #2 Exhibit Supplemental Exhibit to T. Parker Deposition (TW030 - TW031))(Goldstein, James). Added MOTION for Reconsideration on 8/16/2017 (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 90 NOTICE of Amended Filing by Alton R. Griggs, Jr re #30 Response to Motion, #36 Response to Motion (Attachments: #1 Exhibit Deposition of Timothy Parker (with exhibits))(Goldstein, James) Modified on 8/16/2017 to clarify the text (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 89 NOTICE of Filing by Alton R. Griggs, Jr re #30 Response to Motion, #36 Response to Motion (Attachments: #1 Exhibit Deposition of Timothy Parker)(Goldstein, James) Modified on 8/16/2017 to clarify the text (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 88 NOTICE by Arrow Truck Sales, Inc. re #86 BRIEF/MEMORANDUM in Support, (Attachments: #1 Exhibit Deposition of Kimberly Newson, #2 Exhibit Deposition of Corporate Representative, #3 Exhibit Deposition of Timothy Parker, #4 Exhibit Deposition of Jason Cluck, #5 Exhibit Deposition of John Nelson, #6 Exhibit Deposition of James Neu)(Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 87 NOTICE by Alton R. Griggs, Jr re #85 Response to Motion (Attachments: #1 Exhibit Deposition of Alton Griggs, Jr.)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 86 BRIEF/MEMORANDUM in Support re #58 MOTION to Dismiss for Lack of Jurisdiction , #84 Order, Terminate Motions, Set Hearings,,,,,, #75 Order, Terminate Motions, Set Hearings,,,,,, filed by Arrow Truck Sales, Inc.. (Attachments: #1 Exhibit Exhibit in support of supplemental brief)(Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 85 RESPONSE to Motion re #58 MOTION to Dismiss for Lack of Jurisdiction filed by Alton R. Griggs, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 84
ORDERED as follows: 1. that the joint motion to extend deadlines (doc. #83 ) be and is hereby GRANTED; 2. that the deadline for completing jurisdictional discovery be and is hereby EXTENDED from June 21, 2017 to July 31, 2017; 3. that the evidentiary hearing on the jurisdictional question presently set for July 11, 2017 be and is hereby RESET to August 15, 2017 at 11:00 a.m. in Courtroom 4-B, at the Frank M. Johnson, Jr., Federal Building and United States Courthouse Complex, Montgomery, Alabama. Signed by Honorable Judge Charles S. Coody on 6/12/2017. (furn: calendar, WS)(kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 83 Joint MOTION for Extension of Deadline to Finish Jurisdictional Discovery and for Resetting of Hearing by Alton R. Griggs, Jr. (Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 82 NOTICE of Non-Compliance re #80 Notice - To Take Videotaped Deposition of Jason Cluck, #78 Notice - Deposition of John Nelson, #81 Notice to Take Deposition, #79 Notice - Deposition of James Neu which has been stricken pursuant to Local Rule 26.3 regarding Non-Filing of Civil Discovery. (Attachments: #1 Local Rule 26.3 Excerpt)(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 81 (STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE to Take Deposition of Jason Cluck by Alton R. Griggs, Jr.(Goldstein, James) (Main Document 81 replaced on 5/11/2017) (kh, ). (Main Document 81 replaced on 5/11/2017) (kh, ). Modified on 5/11/2017 (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 80 (STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE by Alton R. Griggs, Jr to Take Videotaped Deposition of Jason Cluck (Goldstein, James) (Main Document 80 replaced on 5/11/2017) (kh, ). Modified on 5/11/2017 (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 79 (STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE by Alton R. Griggs, Jr Deposition of James Neu (Goldstein, James) (Main Document 79 replaced on 5/11/2017) (kh, ). Modified on 5/11/2017 (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 78 (STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE by Alton R. Griggs, Jr Deposition of John Nelson (Goldstein, James) (Main Document 78 replaced on 5/11/2017) (kh, ). Modified on 5/11/2017 (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 77
ORDER: Upon consideration of the objection (doc. no. #76 ) to the United States Magistrate Judge's order permitting jurisdictional discovery (doc. no. #75 ), it is ORDERED that the objection is overruled. Signed by Honorable Judge Myron H. Thompson on 4/12/2017. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 76 Objection to #75 Order Permitting Jurisdictional Discovery filed by Arrow Truck Sales, Inc.. (Attachments: #1 Exhibits)(Johnson, Brian) Modified on 3/31/2017 to clarify text to reflect as objection to #75 order (qc/djy, ). [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 75
ORDERED that the plaintiffs' motion for jurisdictional discovery (Doc. #68 ) be and is hereby GRANTED. Consistent with FED. R. CIV. P. 26-37, the parties may conduct discovery limited to the jurisdictional issue. Discovery shall be completed on or before June 21, 2017. It is further ORDERED that an evidentiary hearing on the jurisdictional question be and is hereby set on July 11, 2017, at 11:00 a.m. in Courtroom 4-B, at the Frank M. Johnson, Jr. Federal Building and United States Courthouse Complex, Montgomery, Alabama. Signed by Honorable Judge Charles S. Coody on 3/23/2017. (furn: WS, Calendar)(kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 74 REPLY to Response to Motion re #68 MOTION For Jurisdictional Discovery filed by Alton R. Griggs, Jr. (Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 73 RESPONSE BRIEF in Opposition to Plaintiff's #68 MOTION For Leave to Conduct Jurisdictional Discovery filed by Arrow Truck Sales, Inc. (Johnson, Brian) Modified on 1/23/2017 reflect actual title. (dmn, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 72 REPLY BRIEF in Support of its #58 Motion to Dismiss for Lack of Personal Jurisdiction filed by Arrow Truck Sales, Inc. (Attachments: #1 Exhibit Affidavit)(Johnson, Brian) Modified on 1/18/2017 to create link to Doc. #58 . (dmn, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 71 REPLY BRIEF to Kenworth's #57 Response to Plaintiff's #51 Objection to the Magistrate's #49 Recommendation Regarding Arbitration filed by Alton R. Griggs, Jr. (Attachments: #1 Exhibit Purchase Documents, #2 Exhibit Griggs Affidavit, #3 Exhibit Newson Affidavit)(Goldstein, James) Modified on 1/17/2017 to create links to Docs. #57 , #51 , and #49 . (dmn, ) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 70
ORDERED that the motion for leave to file a reply (doc. #60 ) be and is hereby GRANTED and the plaintiff may file a reply on or before January 12, 2017. Signed by Honorable Judge Charles S. Coody on 1/5/2017. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 69 RESPONSE to Motion re #58 MOTION to Dismiss for Lack of Jurisdiction filed by Yusef Brinson, Alton R. Griggs, Jr. (Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 68 MOTION For Jurisdictional Discovery by Yusef Brinson, Alton R. Griggs, Jr. (Attachments: #1 Exhibit Carolina Truck v. Volvo Trucks, #2 Exhibit Volvo profit beats estimates on North America production cut, #3 Exhibit Company Overview of Arrow Truck Sales, Inc.)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 67 AFFIDAVIT of Kimberly Newson by Yusef Brinson, Alton R. Griggs, Jr. (Attachments: #1 Exhibit ConfidencePLUS Warranty, #2 Exhibit Extended Warranty, #3 Exhibit Warranty Comparison, #4 Exhibit ROA description, #5 Exhibit AAS description, #6 Exhibit March 5, 2015 email, #7 Exhibit emails of Arrow's review of work quote)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 66 RESPONSE to Motion re #58 MOTION to Dismiss for Lack of Jurisdiction filed by Yusef Brinson. (Cole, Dorey) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 65 REPLY to Response to Motion re #52 MOTION to Compel Intervenor Yusef Brinson's Claims to Arbitration filed by Kenworth of Montgomery, Inc.. (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 64
ORDER: On December 8, 2016, the court entered an order giving the parties until December 22, 2016 to respond to a motion to dismiss in this matter. See Doc. #59 . On December 14, 2016, the court entered an order giving the parties until January 4, 2017 to file a response to the same motion. See Doc. #61 . Upon consideration of the conflicting dates, it is ORDERED that the courts December 8, 2016 show cause order (doc. #59 ) be and is hereby VACATED. The parties shall have until January 4, 2017 to file a response to the motion to dismiss. Signed by Honorable Judge Charles S. Coody on 12/20/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 63 RESPONSE to Motion re #52 MOTION to Compel Intervenor Yusef Brinson's Claims to Arbitration filed by Yusef Brinson, Alton R. Griggs, Jr. (Attachments: #1 Exhibit equipment Finance agreement, #2 Exhibit arrow Truck Sales Retail Order, #3 Exhibit to Master Title Guaranty)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 62 REPLY BRIEF re #55 Objection to, Plaintiff's Response to Defendant Arrow's Objections To Recommendation of the Magistrate Judge filed by Yusef Brinson, Alton R. Griggs, Jr. (Attachments: #1 Exhibit Equipment Finance agreement, #2 Exhibit Arrow Truck Sales Retail Order, #3 Exhibit To Master Title Guaranty)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 61
ORDER: Upon consideration of defendant Arrow Truck Sales, Inc.'s motion to dismiss for lack of personal jurisdiction (doc. #58 ), it is ORDERED that on or before January 4, 2017, the opposing parties shall show cause why the motion should not be granted. Signed by Honorable Judge Charles S. Coody on 12/14/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 60 MOTION for Leave to File Reply Brief to Doc 57 by Yusef Brinson, Alton R. Griggs, Jr. (Attachments: #1 Exhibit repair order, #2 Exhibit Griggs affidavit, #3 Exhibit Newson affidavit)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 59
(VACATED PURSUANT TO THE COURT'S #64 ORDER) ORDERED that on or before December 22, 2016, the opposing parties shall show cause why the #58 motion should not be granted. Signed by Honorable Judge Charles S. Coody on 12/8/2016. (kh, ) Modified on 12/20/2016 (kh, ). [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 58 MOTION to Dismiss for Lack of Jurisdiction by Arrow Truck Sales, Inc.. (Attachments: #1 Exhibit Brief in Support of Motion to Dismiss, #2 Affidavit Exhibit 1 - Affidavit of Neu, #3 Affidavit Exhibit 2 - Affidavit of Cluck)(Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 57 REPLY BRIEF Response to Plaintiff's #51 Objection to the Magistrate Judge's Recommendation Regarding Arbitration filed by Kenworth of Montgomery, Inc. (Boone, Jess) Modified on 12/2/2016 to clarify text to reflect as Response to #51 objection (qc/djy, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 56 Objection to the Magistrate Judge's #49 Recommendation filed by Kenworth of Montgomery, Inc.. (Boone, Jess) Modified on 12/2/2016 to clarify text to reflect as objection to #49 (qc/djy, ). [Transferred from Alabama Middle on 8/20/2018.] |
| DEMAND for Trial by Jury by Arrow Truck Sales, Inc. (NO PDF document attached to this notice-See Docket entry #54 ). (djy, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 55 Objection to #49 Recommendation of the Magistrate Judge Concerning Kenworth's Motion to Compel, Kenworth's Motion to Transfer Venue, and Arrow's Motion to Transfer Venue filed by Arrow Truck Sales, Inc.. (Johnson, Brian) Modified on 12/1/2016 to clarify text to reflect as objection to #49 recommendation (qc/djy, ). [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 54 ANSWER to #50 Intervenor Complaint by Arrow Truck Sales, Inc..(Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 53
ORDERED that on or before December 14, 2016, the opposing parties shall show cause why the #52 motion should not be granted. Signed by Honorable Judge Charles S. Coody on 11/30/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 52 MOTION to Compel Intervenor Yusef Brinson's Claims to Arbitration by Kenworth of Montgomery, Inc.. (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 51 Objection to re #49 REPORT AND RECOMMENDATIONS re #22 MOTION to Change Venue filed by Arrow Truck Sales, Inc., #26 MOTION to Compel Arbitration filed by Kenworth of Montgomery, Inc., #12 MOTION to Change Venue filed by Kenworth of filed by Alton R. Griggs, Jr. (Smith, Rufus) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 50 First Intervenor COMPLAINT , filed by Yusef Brinson.(Cole, Dorey) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 49
RECOMMENDATION OF THE MAGISTRATE JUDGE that 1. the motions to transfer venue (docs. #& #12 & #22 ) be denied;. defendant Kenworth's motion to compel arbitration (doc. #26 ) be GRANTED; Griggs and Kenworth shall submit to arbitration in accordance with the arbitration provisions contained in the repair invoices. 3. this case be STAYED until further order of the court pending arbitration. Objections to R&R due by 12/1/2016. Signed by Honorable Judge Charles S. Coody on 11/17/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 48 NOTICE of Change of Address by Brian Wade Johnson (Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 47 NOTICE of Appearance by Dorey Cole on behalf of Yusef Brinson (Cole, Dorey) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 46
ORDERED that Yusef Brinsons motions to intervene (docs. #38 & #44 ) be and are hereby GRANTED. Counsel for plaintiff-intervenor Brinson shall file a notice of appearance with the court. Signed by Honorable Judge Charles S. Coody on 11/14/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 45 RESPONSE to Motion re #44 Proposed MOTION to Intervene , #38 MOTION to Intervene filed by Alton R. Griggs, Jr. (Smith, Rufus) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 44 Proposed MOTION to Intervene by Yusef Brinson. (Attachments: #1 Complaint in Intervention)(Cole, Dorey) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 43
ORDERED that on or before October 27, 2016, applicant Brinson shall file a motion to intervene that complies with the Middle District of Alabamas Local Rule 15.1 by attaching a copy of the proposed complaint in intervention. It is further ORDERED that on or before November 10, 2016, the parties shall show cause why the motion to intervene should not be granted. Signed by Honorable Judge Charles S. Coody on 10/13/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 42 BRIEF/MEMORANDUM in Opposition to Yusef Brinson's Motion to Intervene filed by Arrow Truck Sales, Inc.. (Johnson, Brian) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 41
TEXT ORDER granting #39 Motion for Dorey N. Cole Leave to Appear Pro Hac Vice. Signed by Honorable Judge Charles S. Coody on 9/2/16. (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 40 RESPONSE in Opposition re #38 MOTION to Intervene filed by Kenworth of Montgomery, Inc.. (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 39 Motion for Dorey N. Cole to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602042220.) by Yusef Brinson. (Attachments: #1 Exhibit A, #2 Filing Fee Receipt)(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 38 MOTION to Intervene by Yusef Brinson. (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 37 BRIEF/MEMORANDUM in Support of Brief Regarding Arbitration Issues filed by Kenworth of Montgomery, Inc.. (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 36 RESPONSE to Motion re #26 MOTION to Compel Arbitration filed by Alton R. Griggs, Jr. (Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 35 Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Motion Hearing held on 8/9/2016 re #26 MOTION to Compel Arbitration filed by Kenworth of Montgomery, Inc. (PDF available for court use only). (Recording Time FTR: 10:30 - 10:57.) (ws, ) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 34
ORDER, upon consideration of def Kenworth of Montgomery's #26 MOTION to Compel Arbitration, it is ORDERED that the parties may file supplemental briefs on or before 8/23/2016. Signed by Honorable Judge Charles S. Coody on 8/9/16. (djy, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 33 REPLY BRIEF re #22 MOTION to Change Venue filed by Arrow Truck Sales, Inc.. (Burke, Paul) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 32
TEXT ORDER granting #28 Motion for Brian W. Johnson to Appear Pro Hac Vice. Signed by Honorable Judge Charles S. Coody on 7/27/2016. (no pdf document attached to this entry)(kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 30 RESPONSE to Motion re #26 MOTION to Compel Arbitration filed by Alton R. Griggs, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 29 RESPONSE in Opposition re #22 MOTION to Change Venue filed by Alton R. Griggs, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 31 Motion for Brian W. Johnson to Appear Pro Hac Vice Filing fee received: $ 50.00, receipt number 4602041886 (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| ***Attorney Brian W. Johnson for Arrow Truck Sales, Inc. added pursuant to the #28 motion. (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 28 Motion for Brian W. Johnson to Appear Pro Hac Vice by Arrow Truck Sales, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order Order Granting Mot to Admit Counsel Pro Hac)(Burke, Paul) Modified on 7/25/2016 to clarify the text (kh, ). [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 27
ORDER directing the opposing parties TO SHOW CAUSE as to why the #26 Motion to Compel filed by Kenworth of Montgomery, Inc. should not be granted. It is further ORDERED that this matter be and is hereby set for Oral Argument ("Motion Hearing") on 8/9/2016 at 10:30 AM in Courtroom 4B in Montgomery, AL before Honorable Judge Charles S. Coody. Signed by Honorable Judge Charles S. Coody on 7/19/2016. Copies furnished to calendar group, WS. (dmn, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 26 MOTION to Compel Arbitration by Kenworth of Montgomery, Inc. (Attachments: #1 Supplement Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Boone, Jess) Modified on 7/21/2016 to remove duplicative exhibit text. (dmn, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 25 NOTICE of Appearance by Jeffrey Edwin Friedman on behalf of Kenworth of Montgomery, Inc. (Friedman, Jeffrey) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 24
ORDER TO SHOW CAUSE as to why #22 Motion to Change Venue should not be granted. Show Cause Response due by 7/26/2016. Signed by Honorable Judge Charles S. Coody on 7/12/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 23 BRIEF/MEMORANDUM in Support re #22 MOTION to Change Venue filed by Arrow Truck Sales, Inc.. (Attachments: #1 Exhibit A - Purchase Order, #2 Exhibit B - Warranty)(Burke, Paul) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 22 MOTION to Change Venue by Arrow Truck Sales, Inc.. (Burke, Paul) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 21 RESPONSE in Opposition re #12 MOTION to Change Venue filed by Alton R. Griggs, Jr. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Honorable Judge Charles S. Coody for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 7/7/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 19 Case Reassigned to Honorable Judge Myron H. Thompson; Honorable Judge Charles S. Coody no longer assigned to the case as presiding judge. (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Motions No Longer Referred: #12 MOTION to Change Venue (no pdf document attached to this entry)(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Motions No Longer Referred to Judge Charles S. Coody: #12 MOTION to Change Venue - due to docketing error. (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| NOTICE of Assignment to Magistrate Judge mailed to counsel for defendants Arrow Truck Sales, Inc., Kenworth of Montgomery, Inc. (NO PDF document attached to this notice). (djy, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 18 NOTICE of Appearance by Jared Matthew Lina on behalf of Alton R. Griggs, Jr (Lina, Jared) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 17 NOTICE of Appearance by James Arthur Goldstein on behalf of Alton R. Griggs, Jr (Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 16 NOTICE of Appearance by James Arthur Goldstein on behalf of Alton R. Griggs, Jr (Goldstein, James) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 15
ORDERED that on or before July 12, 2016, the opposing party shall show cause why the #12 motion should not be granted. Accordingly, counsel for the parties are DIRECTED to complete and send to the Clerk of the Court either the attached form consenting to Magistrate Judge jurisdiction or the form requesting reassignment to a District Judge so that the form is received by the Clerk on or before July 12, 2016. Signed by Honorable Judge Charles S. Coody on 6/28/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| Filing 14 Corporate/Conflict Disclosure Statement by Kenworth of Montgomery, Inc.. (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION to Change Venue filed by Kenworth of Montgomery, Inc.. (Attachments: #1 Exhibit Ex A)(Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 12 MOTION to Change Venue by Kenworth of Montgomery, Inc.. (Boone, Jess) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 11 Corporate/Conflict Disclosure Statement by Arrow Truck Sales, Inc.. (Burke, Paul) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 10 ANSWER to #1 Complaint with Jury Demand by Arrow Truck Sales, Inc..(Burke, Paul) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 9 NOTICE of Appearance by Rufus Randolph Smith, Jr on behalf of Alton R. Griggs, Jr (Smith, Rufus) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 8 NOTICE of Appearance by Rufus Randolph Smith, Jr on behalf of Alton R. Griggs, Jr (Smith, Rufus) [Transferred from Alabama Middle on 8/20/2018.] |
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Filing 7
ORDERED that the motions for admission pro hac vice (docs. #5 & #6 ) be and are hereby GRANTED and Attorneys Jared M. Lina and James A. Goldstein, be and are hereby ADMITTED to appear before this Court pro hac vice to represent the plaintiff in this action. Counsel shall file a notice of appearance with the court. Signed by Honorable Judge Charles S. Coody on 6/14/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.]
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| ***Attorney Jared M. Lina for Alton R. Griggs, Jr added pursuant to the #5 motion. (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 6 Motion for James A. Goldstein to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602041436.) by Alton R. Griggs, Jr. (Attachments: #1 Original Certificate of Good Standing, #2 Filing Fee Receipt)(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 5 Motion for Jared M. Lina to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602041437.) by Alton R. Griggs, Jr. (Attachments: #1 Original Certificate of Good Standing, #2 Filing Fee Receipt)(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 4 Return Receipt Card showing service of Summons, #1 Complaint, and #2 Conflict Disclosure Statement signed by Kaci Burns for Kenworth of Montgomery, Inc. served on 6/6/2016, answer due 6/27/2016. (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 3 Summons Issued as to Arrow Truck Sales, Inc., Kenworth of Montgomery, Inc.; mailed CMRRR with copy of #1 complaint and #2 Conflict Disclosure Statement (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| NOTICE of Assignment to Magistrate Judge mailed to counsel for Alton R. Griggs, Jr (no pdf document attached to this entry)(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 2 Corporate/Conflict Disclosure Statement by Alton R. Griggs, Jr. (kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| Filing 1 COMPLAINT against Arrow Truck Sales, Inc., Kenworth of Montgomery, Inc. ( Filing fee $ 400.00 receipt number 4602041328.), filed by Alton R. Griggs, Jr. (Attachments: #1 Filing Fee Receipt)(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
| DEMAND for Trial by Jury by Alton R. Griggs, Jr. (no pdf document attached to this entry - see docket entry #1 for pdf)(kh, ) [Transferred from Alabama Middle on 8/20/2018.] |
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