Derkach v. Postell Associates, Inc.
Plaintiff: Brett Derkach
Defendant: Postell Associates, Inc.
Case Number: 1:2019cv03097
Filed: July 8, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2019 Filing 36 RESPONSE in Opposition re #35 First MOTION for Leave to File Surreply filed by Postell Associates, Inc.. (Crochet, Gregory)
August 23, 2019 Filing 35 First MOTION for Leave to File Surreply by Brett Derkach. (Attachments: #1 Brief Surreply in Opposition of Defendant's Renewed Motion to Dismiss)(Stull, Corey)
August 23, 2019 Submission of #29 MOTION to Dismiss to District Judge Leigh Martin May. (tmf)
August 16, 2019 Filing 34 REPLY BRIEF re #29 MOTION to Dismiss filed by Postell Associates, Inc.. (Crochet, Gregory)
August 5, 2019 Filing 33 RESPONSE in Opposition re #29 MOTION to Dismiss filed by Brett Derkach. (Stull, Corey)
August 5, 2019 Opinion or Order Filing 32 ORDER granting #31 Consent Motion for Extension of Time. It is ORDERED and ADJUDGED that the requirements of Local Rules 16.1, 16.2 and 26.1, N.D.Ga., are temporarily suspended until such time that the Court enters an order on Defendant's Renewed Motion to Dismiss at which time the applicable time periods shall begin to run. Signed by Judge Leigh Martin May on 8/5/2019. (tmf)
July 31, 2019 Filing 31 Consent MOTION for Extension of Time Pending Disposition of Defendant's Renewed Motion to Dismiss re: #29 MOTION to Dismiss with Brief In Support by Postell Associates, Inc.. (Attachments: #1 Proposed Order)(Crochet, Gregory)
July 30, 2019 Opinion or Order ORAL ORDER granting #28 Application for Admission Pro Hac Vice as to Corey L. Stull. Approved by Judge Leigh Martin May on 07/30/2019. 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.(rvb)
July 26, 2019 APPROVAL by Clerks Office re: #28 APPLICATION for Admission of Corey L. Stull Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8808743). Documents for this entry are not available for viewing outside the courthouse.. Attorney Corey L. Stull added appearing on behalf of Brett Derkach (pmb)
July 23, 2019 Opinion or Order Filing 30 STANDING ORDER REGARDING CIVIL LITIGATION signed by Judge Leigh Martin May on 07/23/19. (aaq)
July 22, 2019 Filing 29 MOTION to Dismiss by Postell Associates, Inc.. (Attachments: #1 Memorandum in Support of Defendant's Renewed Motion to Dismiss)(Crochet, Gregory)
July 22, 2019 Filing 28 APPLICATION for Admission of Corey L. Stull Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8808743). Documents for this entry are not available for viewing outside the courthouse.by Brett Derkach. (Macy, Matthew)
July 22, 2019 Filing 27 NOTICE of Appearance by Matthew Dean Macy on behalf of Brett Derkach (Macy, Matthew)
July 8, 2019 Opinion or Order Filing 26 ORDER denying #8 Motion to Dismiss for Failure to State a Claim. Following transfer, it is clear that the parties need to rebrief the choice of law/statute of limitations issue under Georgia law. Therefore, Defendant's Motion to Dismiss #8 is DENIED, without prejudice and the right to refile. Defendant may file a renewed motion to dismiss, if it so chooses, within 14 days of this Order. Defendant is reminded that Georgia choice of law principles, and specifically lex loci delicti and its exceptions, will apply to the Court's analysis and thus that analysis should be briefed with respect to the statute of limitations issue. Signed by Judge Leigh Martin May on 7/8/2019. (tmf)
July 8, 2019 Filing 25 Case transferred in from District of Nebraska; Case Number 4:19-cv-03008. Original file certified copy of transfer order and docket sheet received.
July 8, 2019 Case transferred to District of USDC - Northern District of Georgia. Original electronic file sent. (LKO) [Transferred from Nebraska on 7/8/2019.]
July 8, 2019 Submission of #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Leigh Martin May. (aar)
July 8, 2019 Clerk's Certificate of Mailing as to Brett Derkach (via attorneys Corey L. Stull/Jeanette Stull 575 Fallbrook Blvd. Ste 206, Lincoln, Nebraska 68521) re #26 Order on Motion to Dismiss for Failure to State a Claim,. (tmf)
July 8, 2019 Clerk's Certificate of Mailing as to Postell Associates, Inc. (via attorneys Matthew M. Enebach/Mattea Fosbender 1650 Farnam St, Omaha NE 68102-2186) re #26 Order on Motion to Dismiss for Failure to State a Claim. (tmf)
June 5, 2019 Opinion or Order Filing 24 MEMORANDUM AND ORDER - Plaintiff's Motion to Transfer (Filing No. #12 ) is granted. The Clerk of Court is directed to transfer this action to the United States District Court for the Northern District of Georgia pursuant to 28 U.S.C. 1406(a). Defendant's Motion to Dismiss remains pending for consideration and ruling by the United States District Court for the Northern District of Georgia. (Filing No. #8 ). Ordered by Magistrate Judge Cheryl R. Zwart. (LKO) [Transferred from Nebraska on 7/8/2019.]
May 17, 2019 Filing 23 REPLY BRIEF in support of MOTION to Change Venue #12 by Attorney Corey L. Stull on behalf of Plaintiff Brett Derkach.(Stull, Corey) [Transferred from Nebraska on 7/8/2019.]
May 1, 2019 Opinion or Order Filing 22 TEXT ORDER granting #21 Plaintiff's Unopposed Motion to Extend. Plaintiff's reply as to Filing #12 , MOTION to Change Venue, is now due on or before May 17, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW) [Transferred from Nebraska on 7/8/2019.]
April 30, 2019 Filing 21 MOTION for Extension of Time to File a Responsive Pleading by Attorney Corey L. Stull on behalf of Plaintiff Brett Derkach.(Stull, Corey) Modified on 5/1/2019 to correct type of motion. (JAB) [Transferred from Nebraska on 7/8/2019.]
April 26, 2019 Filing 20 BRIEF in opposition to MOTION to Change Venue #12 by Attorney Matthew M. Enenbach on behalf of Defendant Postell Associates, Inc..(Enenbach, Matthew) [Transferred from Nebraska on 7/8/2019.]
April 26, 2019 Filing 19 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #8 by Attorney Matthew M. Enenbach on behalf of Defendant Postell Associates, Inc..(Enenbach, Matthew) [Transferred from Nebraska on 7/8/2019.]
April 15, 2019 Opinion or Order Filing 18 TEXT ORDER granting #17 Unopposed Motion to Extend. The briefing deadlines will be extended, as follows:1. Defendant's reply as to Filing No. #8 and Defendant's response as to Filing No. #12 are now due on or before April 26, 2019. 2. The deadline for Plaintiff to file a reply brief as to Filing No. #12 is extended to May 3, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW) [Transferred from Nebraska on 7/8/2019.]
April 12, 2019 Filing 17 UNOPPOSED MOTION to Extend Time by Attorney Matthew M. Enenbach on behalf of Defendant Postell Associates, Inc..(Enenbach, Matthew) [Transferred from Nebraska on 7/8/2019.]
April 9, 2019 Filing 16 CONSENT to Jurisdiction by US Magistrate Judge - upon consent of parties, this case is assigned to Magistrate Judge Cheryl R. Zwart for final disposition. (LKO) [Transferred from Nebraska on 7/8/2019.]
April 8, 2019 Filing 15 REPLY BRIEF in opposition to Brief #10 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #8 , Index, #9 by Attorney Corey L. Stull on behalf of Plaintiff Brett Derkach.(Stull, Corey) [Transferred from Nebraska on 7/8/2019.]
April 8, 2019 Filing 14 BRIEF in support of MOTION to Change Venue #12 by Attorney Corey L. Stull on behalf of Plaintiff Brett Derkach.(Stull, Corey) [Transferred from Nebraska on 7/8/2019.]
April 8, 2019 Filing 13 INDEX in support of MOTION to Change Venue #12 by Attorney Corey L. Stull on behalf of Plaintiff Brett Derkach. (Attachments: #1 Affidavit Exhibit 1, #2 Affidavit Exhibit 2)(Stull, Corey) [Transferred from Nebraska on 7/8/2019.]
April 8, 2019 Filing 12 MOTION to Change Venue by Attorney Corey L. Stull on behalf of Plaintiff Brett Derkach.(Stull, Corey) [Transferred from Nebraska on 7/8/2019.]
March 19, 2019 Opinion or Order Filing 11 ORDER - If the parties consent to final disposition of the case by the undersigned magistrate judge, on or before April 9, 2019, they shall complete the "CONSENT TO RANDOM ASSIGNMENT TO MAGISTRATE JUDGE" located on the court's website at http://www.ned.uscourts.gov/forms/. After all parties have signed this form, e-mail it in.pdf format to clerk@ned.uscourts.gov. Do not electronically file this form or submit it to chambers. In the absence of timely submitting the attached form in accordance with paragraph (1) of this order, the case will be reassigned to a district judge. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO) [Transferred from Nebraska on 7/8/2019.]
March 18, 2019 Filing 10 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #8 by Attorney Matthew M. Enenbach on behalf of Defendant Postell Associates, Inc..(Enenbach, Matthew) [Transferred from Nebraska on 7/8/2019.]
March 18, 2019 Filing 9 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #8 by Attorney Matthew M. Enenbach on behalf of Defendant Postell Associates, Inc.. (Attachments: #1 Affidavit, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 1-F, #8 Affidavit)(Enenbach, Matthew) [Transferred from Nebraska on 7/8/2019.]
March 18, 2019 Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Matthew M. Enenbach on behalf of Defendant Postell Associates, Inc..(Enenbach, Matthew) [Transferred from Nebraska on 7/8/2019.]
February 21, 2019 Opinion or Order Filing 7 TEXT ORDER granting #5 Defendant's Unopposed Motion for Extension of Time to File a Responsive Pleading. The deadline to file an Answer or other responsive pleading is now March 18, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW) [Transferred from Nebraska on 7/8/2019.]
February 21, 2019 Filing 6 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Matthew M. Enenbach on behalf of Defendant Postell Associates, Inc..(Enenbach, Matthew) [Transferred from Nebraska on 7/8/2019.]
February 21, 2019 Filing 5 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Matthew M. Enenbach on behalf of Defendant Postell Associates, Inc..(Enenbach, Matthew) [Transferred from Nebraska on 7/8/2019.]
February 1, 2019 Filing 4 Summons Issued as to defendant Postell Associates, Inc. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO) [Transferred from Nebraska on 7/8/2019.]
February 1, 2019 Filing 3 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) [Transferred from Nebraska on 7/8/2019.]
February 1, 2019 Filing 2 Summons Requested as to regarding Complaint #1 . (Stull, Corey) [Transferred from Nebraska on 7/8/2019.]
February 1, 2019 Filing 1 COMPLAINT with jury demand against Postell Associates, d/b/a G-Force Racing Gear ( Filing fee $ 400, receipt number ANEDC-3858549), by Attorney Corey L. Stull on behalf of Brett Derkach(Stull, Corey) [Transferred from Nebraska on 7/8/2019.]

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Plaintiff: Brett Derkach
Represented By: Matthew Dean Macy
Represented By: Corey L. Stull
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Defendant: Postell Associates, Inc.
Represented By: Gregory R. Crochet
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