Heflin v. Advanced Drainage Systems, Inc. et al
| Matthew Heflin |
| John Does 1-10, Advanced Drainage Systems, Inc., Kroy Industries, Inc. and Advanced Drainage Systems, Inc. doing business as Nyloplast and/or ADS-Nyloplast |
| Cherokee Insurance Company |
| 1:2019cv03036 |
| July 2, 2019 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on August 5, 2020. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #50 Joint Motion to Reopen Case and Approve Settlement. This Court REOPENS this action, and GRANTS the joint motion, finding and ordering that the settlement between the parties is approved as follows: Travelers Insurance Company, on behalf of defendant ADS, will pay one hundred fifty thousand dollars ($150,000.00) in full and final settlement of the above- captioned action. Federated Mutual Insurance Company, on behalf of defendant Kroy, will pay seventy five thousand dollars ($75,000.00) in full and final settlement of the above-captioned action. Cherokee will compromise its lien and accept eighty thousand dollars ($80,000.00) in full and final satisfaction of its lien in the above-captioned action and pursuant to MISS CODE ANN 71-3-71. Plaintiff will accept the foregoing settlement and will execute a settlement agreement and release of all claims consistent with the terms agreed upon by the parties, which includes but is not limited to payment of $225,000.00 by Defendants ADS and Kroy, with $80,000.00 of that $225,000.00 being paid by Plaintiff from the settlement proceeds to Cherokee to compromise Cherokee's lien for payment of workers' compensation benefits. This Order is final, this matter dismissed with prejudice, and the Clerk is directed to mark this matter as closed. Signed by Judge Amy Totenberg on 8/5/2020. (bnp)
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| Submission of #50 Joint MOTION to Reopen Case and MOTION to Approve Settlement to District Judge Amy Totenberg. (bnp) |
| Civil Case Terminated. (bnp) |
| Filing 50 Joint MOTION to Reopen Case and MOTION to Approve Settlement and Memorandum of Law in Support by Cherokee Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Connelly, Eric) . AddedMOTION on 8/5/2020 (bnp). |
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Filing 49
ORDER: The parties in this matter notified the Court via email that they have reached a settlement and formal documentation is soon to be completed. The action therefore need not remain on the Court's calendar or docket. IT IS ORDERED that the action is DISMISSED WITHOUT PREJUDICE to the right of any party, anytime within the next sixty (60) days, to reopen this action or vacate this order of dismissal. It is further ORDERED that the Court retains jurisdiction to vacate this order of dismissal and to reopen the action, if necessary. If the action has not been reopened or the Court has not received a motion to vacate on or before the time permitted by this Order, the action will be dismissed with prejudice. Signed by Judge Amy Totenberg on 7/15/2020. (bnp)
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| Civil Case Terminated. (bnp) |
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Filing 48
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (adg) (ADI)
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Filing 47
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (rvb) (ADI)
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Filing 46
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (ddm) (ADI)
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Filing 45
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (adg) (ADI)
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ORDER by docket entry only: The Court received two sets of medical records relating to this case. The Parties consented to the Court transmitting these records to counsel for Plaintiff, who will then produce them to Defendant, as appropriate within the scope of discovery in this matter. The parties are DIRECTED to advise the Court how the documents are to be retrieved. By Judge Amy Totenberg on 4/29/20. (hfm)
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Filing 44
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI)
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| Filing 43 Notice for Leave of Absence for the following date(s): May 1 and 4 2020, May 22 through May 27 2020, September 15 through September 23, 2020 and October 12 through October 19, 2020, by Jennifer C. Adair. (Adair, Jennifer) |
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Filing 42
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (bnp)
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| Filing 41 Special Appearance ANSWER to #39 Intervenor Complaint by Kroy Industries, Inc..(Becker, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 40
ORDER AND NOTICE FOR ALL CIVIL CASES ASSIGNED TO DOCKET OF JUDGE TOTENBERG. Signed by Judge Amy Totenberg on 3/17/2020. (bnp)
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| Filing 39 Intervenor COMPLAINT against Advanced Drainage Systems, Inc., Matthew Heflin, John Does 1-10, Kroy Industries, Inc. filed by Cherokee Insurance Company.(Connelly, Eric) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 38
ORDER granting #25 Motion to Intervene. Cherokee Insurance Group shall be entitled to intervene as a party. Plaintiff Matthew Heflin will be required to introduce evidence of all special damages at the trial of this action. Signed by Judge Amy Totenberg on 2/24/2020. (bnp)
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| Filing 37 Consent MOTION for Extension of Time to Complete Discovery by Advanced Drainage Systems, Inc., John Does 1-10, Kroy Industries, Inc.. (Attachments: #1 Exhibit Proposed Order)(Lee, Christoper) |
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ORDER, by docket entry only, granting #37 Motion for Extension of Time to Complete Discovery. Discovery ends on 5/2/2020. By Judge Amy Totenberg on 1/28/20. (hfm)
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Filing 36
ORDER denying #5 Motion to Dismiss. Signed by Judge Amy Totenberg on 12/16/19. (bnp)
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| Filing 35 CERTIFICATE OF SERVICE filed by Kroy Industries, Inc. (Sheridan, Kimberly) |
| Filing 34 CERTIFICATE OF SERVICE of Amended Notices of Deposition by Matthew Heflin.(Shelton, David) |
| Filing 33 CERTIFICATE OF SERVICE by Matthew Heflin.(Atkinson, Lee) |
| Filing 32 CERTIFICATE OF SERVICE of Discovery by Kroy Industries, Inc..(Becker, Michael) |
| Filing 31 CERTIFICATE OF SERVICE of Discovery by Kroy Industries, Inc..(Becker, Michael) |
| Filing 30 Special Appearance Answer of Kroy to Intervenor's Complaint ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Kroy Industries, Inc..(Becker, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 29 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Advanced Drainage Systems, Inc..(Adair, Jennifer) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 11/20/2019 to add hyperlink (rjs). |
| Submission of #25 MOTION to Intervene to District Judge Amy Totenberg. (bnp) |
| Filing 28 NOTICE by Advanced Drainage Systems, Inc. of Intent to Serve Subpoenas for Production of Documents (Adair, Jennifer) |
| Filing 27 CERTIFICATE OF SERVICE by Matthew Heflin.(Atkinson, Lee) |
| Filing 26 Certificate of Interested Persons and Corporate Disclosure Statement by Cherokee Insurance Company identifying Corporate Parent Oakland Financial Corporation for Cherokee Insurance Company. (Connelly, Eric) |
| Filing 25 MOTION to Intervene with Brief In Support by Cherokee Insurance Company. (Attachments: #1 Brief Brief in Support of Motion to Intervene, #2 Exhibit Notice of Final Payment, #3 Exhibit Lien, #4 Exhibit Order Authorizing Compromised Settlement, #5 Exhibit Intervenor's Complaint for Damages, #6 Text of Proposed Order Proposed Order on Intervention)(Connelly, Eric) |
| Filing 24 NOTICE of Appearance by Christoper Sue-Min Lee on behalf of Advanced Drainage Systems, Inc. (Lee, Christoper) |
| Filing 23 CERTIFICATE OF SERVICE of Discovery by Advanced Drainage Systems, Inc..(Lee, Christoper) |
| Filing 22 Certification of Consent to Substitution of Counsel. Jennifer C. Adair replacing attorney Broderick Wardell Harrell. (Adair, Jennifer) |
| Filing 21 CERTIFICATE OF SERVICE of Discovery Responses by Advanced Drainage Systems, Inc..(Lee, Christoper) |
| Filing 20 CERTIFICATE OF SERVICE of Discovery by Kroy Industries, Inc..(Sheridan, Kimberly) |
| Filing 19 CERTIFICATE OF SERVICE Regarding Service of Discovery by Kroy Industries, Inc.(Sheridan, Kimberly) Modified on 8/20/2019 to edit text (bnp). |
| Filing 18 CERTIFICATE OF SERVICE of Interrogatories and Requests for Production of Documents to Defendants by Matthew Heflin.(Atkinson, Lee) |
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ORDER (by docket entry only): On August 2, 2019, the Court entered an Scheduling Order in this matter. (Doc. 15). However the Court inadvertently omitted reference to the extended discovery period as requested by the parties in the Joint Preliminary Report and Discovery Plan. On that basis, the Court now issues this Order which shall serve to clarify and supplement (as opposed to supplanting) the previously issued Scheduling Order. Specifically, the parties shall have six (6) months to complete all discovery (both fact and expert) in this case. The Courts previously issued Scheduling Ordering shall otherwise continue to govern the pendency of this action in all other material respects. By Judge Amy Totenberg on 8/9/19. (hfm)
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| Filing 17 Initial Disclosures by Advanced Drainage Systems, Inc..(Harrell, Broderick) |
| Filing 16 Certificate of Interested Persons by Advanced Drainage Systems, Inc.. (Harrell, Broderick) |
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Filing 15
SCHEDULING ORDER: re: #9 Joint Preliminary Report and Discovery Plan. Signed by Judge Amy Totenberg on 8/2/19. (bnp)
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| Filing 14 Certificate of Interested Persons by Matthew Heflin. (Atkinson, Lee) |
| Submission of #9 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (bnp) |
| Filing 13 Initial Disclosures by Matthew Heflin.(Shelton, David) |
| Filing 12 Initial Disclosures by Kroy Industries, Inc..(Sheridan, Kimberly) |
| Filing 11 Certificate of Interested Persons by Kroy Industries, Inc.. (Sheridan, Kimberly) |
| Filing 10 Corporate Disclosure Statement by Kroy Industries, Inc. by Kroy Industries, Inc..(Sheridan, Kimberly) |
| Filing 9 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Kroy Industries, Inc.. (Sheridan, Kimberly) |
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ORDER by docket entry only granting #8 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 7/31/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of David Shelton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8821457). Documents for this entry are not available for viewing outside the courthouse.. Attorney Lee S. Atkinson added appearing on behalf of Matthew Heflin (jkm) |
| Filing 8 APPLICATION for Admission of David Shelton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8821457). Documents for this entry are not available for viewing outside the courthouse.by Matthew Heflin. (Attachments: #1 Affidavit Certificate of Good Standing)(Atkinson, Lee) |
| Submission of #5 MOTION to Dismiss to District Judge Amy Totenberg. (bnp) |
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Filing 7
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 7/15/19. (bnp)
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| Filing 6 RESPONSE in Opposition re #5 MOTION to Dismiss filed by Matthew Heflin (originally filed in Gwinnett State Court). (tmf) |
| Filing 5 MOTION to Dismiss by Kroy Industries, Inc. (originally filed in Gwinnett State Court 5/6/2019. (tmf) |
| Filing 4 Notice for Leave of Absence for the following date(s): 7/1/2019 through and including 7/5/2019; 7/22/2019 through and including 7/26/2019, by Kimberly Blackwell Sheridan. (originally filed in Gwinnett State Court 5/6/2019) (tmf) Modified on 7/5/2019 to edit text (tmf). |
| Filing 3 Special Appearance ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Kroy Industries, Inc. (originally filed in Gwinnett State Court 5/6/2019).(tmf) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 2 ANSWER to #1 NOTICE OF REMOVAL by Advanced Drainage Systems, Inc. (originally filed in Gwinnett State Court 5/3/2019). Discovery ends on 11/29/2019.(tmf) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Advanced Drainage Systems, Inc., Kroy Industries, Inc.. (Filing fee $ 400 receipt number AGANDC-8768548) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Civil Cover Sheet)(tmf) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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