Akhgar et al v. Breslav et al
| Ahmad Akhgar and Kambiz Nabily |
| CSM North America, LLC, Anna Breslav, Mercedes Benz, USA, LLC, ETA, LLC, LSG Limo, Incorporated and CSM Motorsports, Incorporated |
| State Farm Mutual Insurance Company |
| 1:2019cv03664 |
| August 14, 2019 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 192 STIPULATION of Dismissal Without Prejudice of Cross Claim of ETA, LLC by ETA, LLC. (Doyle, Kevin) |
| Filing 191 STIPULATION of Dismissal by CSM North America, LLC. (Varner, Abraham) |
| Filing 190 Minute Entry for proceedings held before Judge J. P. Boulee: The Court held a Settlement Conference on 11/8/21. Because Defendant Mercedes Benz, USA, LLC was not present during the proceeding, the Court deferred the Settlement Conference until further notice. (Court Reporter Penny Coudriet)(rjc) |
| NOTICE OF VIDEO PROCEEDING : Status Conference set for 11/8/2021 at 02:00 PM before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1604909255 Meeting ID: 160 490 9255 Passcode: 248010 One tap mobile +16692545252 You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnw) |
| Submission of #189 Order to District Judge J. P. Boulee. (bnw) |
Filing 189
ORDER: The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case for docket management purposes. The parties are ORDERED to file the appropriate documents to dispose of this case within twenty-one days. Absent an extension or further order of the Court, if no request to reopen the case is made within the twenty-one days, the Court may dismiss the case with prejudice. Signed by Judge J. P. Boulee on 6/28/2021. (rjc)
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| Civil Case Terminated. (rjc) |
| Filing 188 Minute Entry for proceedings held before Magistrate Judge Christopher C. Bly: Settlement Conference held on 6/24/2021. The Court continued the mediation to Friday, June 25, 2021. The parties reached a settlement agreement. The parties anticipate filing a joint stipulation of dismissal within 21 days. Judge Bly is terminated as the settlement judge. (Tape #FTR)(rjc) |
| Filing 187 First MOTION for Summary Judgment re: contractual claim including indemnity and insurance coverage against csm north america with Brief In Support by Mercedes Benz, USA, LLC. (Casey, Robert) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 186 First MOTION for Summary Judgment with Brief In Support by Mercedes Benz, USA, LLC. (Casey, Robert) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
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Filing 185
ORDER GRANTING #157 Motion for Extension of Time. Mercedes-Benz shall file its summary judgment motion no later than June 24, 2021. Plaintiffs shall file a response no later than July 8, 2021. Should Mercedes-Benz wish to file a reply, such reply shall be filed no later than July 15, 2021. Signed by Judge J. P. Boulee on 6/22/2021. (tcc)
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| Filing 184 NOTICE by LSG Limo, Incorporated (NOTICE OF WITHDRAWAL OF COUNSEL OF EVAN SMITH) (Smith, Evan) |
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Filing 183
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN COURTROOM 2008 on Thursday, June 24, 2021 at 9:30 am. Signed by Magistrate Judge Christopher C. Bly on 6/16/2021. (jtj)
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| Filing 182 REPLY BRIEF re #148 First MOTION for Summary Judgment filed by LSG Limo, Incorporated. (Attachments: #1 Exhibit A - Cited Exceprts of the Deposition of Jeffrey Flournoy, #2 Exhibit B - Cited Exceprts of the Deposition of Timothy Hill, #3 Exhibit C - Cited Exceprts of the Deposition of Boris Breslav, #4 Exhibit D - Affidavit of Robbie Hill [Executed] [04.26.21], #5 Exhibit E - Affidavit of David Michael Soto [Executed], #6 Exhibit F - Affidavit of William Carvill, #7 Exhibit G - Affidavit of Robbie Hill [Executed] [06.12.21], #8 Exhibit H - Cited Exceprts of the Deposition of Jillian Unitas, #9 Exhibit I - Cited Exceprts of the Deposition of Bobby Butler, #10 Exhibit J - Cited Exceprts of the Deposition of Anna Breslav)(Hostetter, Michael) |
| Filing 181 Request for Leave of Absence for the following date(s): June 25, 2021-July 12, 2021, August 20, 2021-August 30, 2021, September 2, 2021- September 7, 2021, October 8, 2021-October 12, 2021, November 19, 2021-November 29, 2021, December 17, 2021-January 3, 2022, by Bradford W. Thomas. (Thomas, Bradford) |
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ORDER: For good cause shown, the #180 Consent Motion to Extend Time for Defendant ETA, LLC to Reply to Plaintiffs' Response is GRANTED. IT IS HEREBY ORDERED that Defendant ETA, LLCs deadline to file the reply is extended through and including June 30, 2021. Signed by Judge J. P. Boulee on 6/14/21. (bnw)
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ORDER: For good cause shown, the Consent #179 Motion to Extend Time for Defendants CSM North America and CSM Motorsports, Inc. to Reply is GRANTED. IT IS HEREBY ORDERED that the deadline to file the reply shall be extended through and including June 30, 2021. Signed by Judge J. P. Boulee on 6/14/21. (bnw)
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| Filing 180 First MOTION for Extension of Time Reply to Plaintiffs' Response to Motion for Summary Judgment by ETA, LLC. (Guidry, Kristen) |
| Filing 179 First MOTION for Extension of Time to File Response re: #174 Response in Opposition to Motion, #172 Response to Motion,, by CSM North America, LLC. (Varner, Abraham) |
| Submission of #157 MOTION for Extension of Time File Summary Judgment to District Judge J. P. Boulee. (rjc) |
| Filing 178 Response to Statement of Material Facts re #148 First MOTION for Summary Judgment of LSG filed by ETA, LLC. (Guidry, Kristen) |
| Filing 177 RESPONSE in Opposition re #148 First MOTION for Summary Judgment of LSG filed by ETA, LLC. (Attachments: #1 Affidavit Affidavit of William Carvill, #2 Exhibit Exh. A, #3 Exhibit Exh. B, #4 Exhibit Exh. C, #5 Exhibit Exh. D, #6 Exhibit Exh. E, #7 Exhibit Exh. F, #8 Exhibit Exh. G, #9 Exhibit Deposition of Anna Breslav, #10 Exhibit Deposition of Robert Butler, #11 Exhibit Deposition of Boris Breslav, #12 Exhibit Deposition of Bryan Lima, #13 Exhibit Deposition of Jeffrey Flournoy, #14 Exhibit Deposition of Jillian Unitas, #15 Exhibit Deposition of Tim Hill)(Guidry, Kristen) |
| Filing 176 Response to Statement of Material Facts re #155 MOTION for Summary Judgment filed by Anna Breslav. (Parsons, Erica) Modified on 6/3/2021 to remove document link (jpk). |
| Filing 175 Response to Statement of Material Facts re #154 MOTION for Judgment on the Pleadings MOTION for Summary Judgment filed by Anna Breslav. (Parsons, Erica) Modified on 6/3/2021 to remove document link (jpk). |
| Filing 174 RESPONSE in Opposition re #154 MOTION for Judgment on the Pleadings MOTION for Summary Judgment, #155 MOTION for Summary Judgment filed by Anna Breslav. (Parsons, Erica) |
| Filing 173 Response to Statement of Material Facts re #154 MOTION for Judgment on the Pleadings MOTION for Summary Judgment filed by Ahmad Akhgar and Kambiz Nabily. (Thomas, Bradford) Modified on 6/3/2021 to add filer (jpk). |
| Filing 172 RESPONSE re #154 MOTION for Judgment on the Pleadings MOTION for Summary Judgment filed by Ahmad Akhgar and Kambiz Nabily. (Attachments: #1 Exhibit Akhgar Deposition, #2 Exhibit Anna Breslav Deposition, #3 Exhibit Bryan Lima Deposition, #4 Exhibit Jillian Unitas Deposition, #5 Exhibit Bobby Butler Deposition, #6 Exhibit Jeffrey Flournoy Deposition, #7 Exhibit Plt Amended and Recast Complaint, #8 Exhibit Breslav's Answer to Plt Amended Complaint, #9 Exhibit Mercedes Initial Disclosures)(Thomas, Bradford) Modified on 6/3/2021 to add filer (jpk). |
| Filing 171 Response to Statement of Material Facts re #155 MOTION for Summary Judgment filed by Ahmad Akhgar and Kambiz Nabily. (Thomas, Bradford) Modified on 6/3/2021 to add filer (jpk). |
| Filing 170 RESPONSE re #155 MOTION for Summary Judgment filed by Ahmad Akhgar and Kambiz Nabily. (Attachments: #1 Exhibit Akhgar Deposition, #2 Exhibit Anna Breslav Deposition, #3 Exhibit Bryan Lima Deposition, #4 Exhibit Jillian Unitas Deposition, #5 Exhibit Bobby Butler Deposition, #6 Exhibit Jeffrey Flournoy Deposition, #7 Exhibit Plt Amended and Recast Complaint, #8 Exhibit Breslav's Answer to Plt Amended Complaint)(Thomas, Bradford) Modified on 6/3/2021 to add filer (jpk). |
| Filing 169 Response to Statement of Material Facts re #148 First MOTION for Summary Judgment filed by Ahmad Akhgar and Kambiz Nabily. (Thomas, Bradford) Modified on 6/3/2021 to add filer (jpk). |
| Filing 168 RESPONSE re #148 First MOTION for Summary Judgment filed by Ahmad Akhgar and Kambiz Nabily. (Thomas, Bradford) Modified on 6/3/2021 to add filer (jpk). |
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Filing 167
ORDER SCHEDULING MEDIATION: Counsel must appear before the undersigned on Thursday, June 24, 2021 at 9:30 a.m., in Courtroom 2008. (see Order for details) Signed by Magistrate Judge Christopher C. Bly on 5/25/2021. (rjc)
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| Filing 166 RESPONSE in Opposition re #157 MOTION for Extension of Time File Summary Judgment filed by CSM North America, LLC. (Varner, Abraham) |
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ORDER: For good cause shown, the #165 Consent Motion to Extend Time is GRANTED. IT IS HEREBY ORDERED that Plaintiffs' deadline to respond to Defendant CSM North America, LLC and CSM Motorsports, Inc.'s Motion for Judgment on the Pleadings and LSG International, Inc.'s Motion for Summary Judgment is extended through and including June 2, 2021. Signed by Judge J. P. Boulee on 5/20/21. (bnw)
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| Filing 165 Consent MOTION for Extension of Time Respond to Motions for Summary Judgment by Anna Breslav. (Parsons, Erica) Modified on 5/20/2021 to edit text (rlb). |
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ORDER: For good cause shown, the #163 Consent Motion to Extend Time for Defendant ETA, LLC to Respond to Defendant LSG Limo's Motion for Summary Judgment is GRANTED. The deadline to respond is extended through and including June 2, 2021. Signed by Judge J. P. Boulee on 5/18/21. (bnw)
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| Filing 164 Certification of Consent to Substitution of Counsel. Kevin A. Doyle replacing attorney Justin Averett. (Doyle, Kevin) |
| Filing 163 First MOTION for Extension of Time to File Response re: #148 First MOTION for Summary Judgment of LSG Limo, Inc. by ETA, LLC. (Doyle, Kevin) |
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Filing 162
ORDER granting the parties' #160 Joint Motion to Mediate Before a United States Magistrate Judge. This matter is referred to Chief Magistrate Judge Alan J. Baverman to be assigned to the appropriate Magistrate Judge for mediation. Signed by Judge J. P. Boulee on 5/14/2021. (ddm)
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ORDER (contained within #162 ) referring this case to Magistrate Judge Christopher C. Bly for mediation. Signed by Judge J. P. Boulee on 5/14/2021. (ddm)
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ORDER: For good cause shown, the #159 Consent Motion to Extend Time is GRANTED. IT IS HEREBY ORDERED that Plaintiffs' deadline to respond to the pending motions for summary judgment is extended through and including June 2, 2021. Signed by Judge J. P. Boulee on 5/14/21. (bnw)
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| Submission of #162 Order referring case for mediation, to Magistrate Judge Christopher C. Bly. (ddm) |
| Filing 161 NOTICE Of Filing by CSM North America, LLC Original Discovery (Attachments: #1 Transcript)(Varner, Abraham) |
| Filing 160 First MOTION for Order to mediate before a United States Magistrate Judge by Ahmad Akhgar. (Thomas, Bradford) |
| Filing 159 First MOTION for Extension of Time For Plt to Respond to Defendants' MSJ by Ahmad Akhgar. (Thomas, Bradford) |
| Filing 158 NOTICE Of Filing Original Discovery by Ahmad Akhgar (Attachments: #1 Anna Breslav Transcript, #2 Boris Breslav Transcript, #3 Butler Transcript, #4 Unitas Transcript)(Thomas, Bradford) |
| Filing 157 MOTION for Extension of Time File Summary Judgment by Mercedes Benz, USA, LLC. (Casey, Robert) |
| Filing 156 NOTICE to Take Deposition of CSM North America, LLC filed by ETA, LLC (Doyle, Kevin) |
| Filing 155 MOTION for Summary Judgment with Brief In Support by ETA, LLC. (Attachments: #1 Statement of Material Facts, #2 Brief Brief in Support of ETA's Motion for Summary Judgment, #3 Exhibit Deposition of Jeffrey Flournoy, #4 Exhibit Deposition of Bryan Lima, #5 Exhibit Deposition of Jillian Unitas, #6 Exhibit Deposition of Boris Breslav, #7 Exhibit Deposition of Anna Breslav, #8 Exhibit Deposition of Robert Butler, #9 Exhibit Deposition of Tim Hill, #10 Exhibit Flournoy Exhibit 1, #11 Exhibit Flournoy Exhibit 3, #12 Exhibit Flournoy Exhibit 4, #13 Exhibit Flournoy Exhibit 5, #14 Exhibit CSM Exhibit 1)(Doyle, Kevin) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 154 MOTION for Judgment on the Pleadings, or in the alternative, MOTION for Summary Judgment, with Brief In Support, by CSM North America, LLC, CSM Motorsports, Inc.. (Attachments: #1 Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Statement of Material Facts)(Varner, Abraham) . Added MOTION for Summary Judgment on 4/29/2021 and edited filers (ddm). |
| Filing 153 NOTICE Of Filing by LSG Limo, Incorporated Affidavits of Robbie Hill and David Soto (Attachments: #1 Affidavit Affidavit of Robbie Hill, #2 Affidavit Affidavit of David Soto)(Smith, Evan) |
| Filing 152 Request to File Original Discovery to ETA, LLC by LSG Limo, Incorporated.(Smith, Evan) |
| Filing 151 Request to File Original Discovery to CSM North America, LLC by LSG Limo, Incorporated.(Smith, Evan) |
| Filing 150 Request to File Original Discovery to Plaintiffs by LSG Limo, Incorporated.(Smith, Evan) |
| Filing 149 DEPOSITION of Jeffrey A. Flournoy taken on 02-04-2021 by LSG Limo, Incorporated. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12)(Smith, Evan) |
| Filing 148 First MOTION for Summary Judgment with Brief In Support by LSG Limo, Incorporated. (Attachments: #1 Brief LSG Brief In Support of Motion for Summary Judgment, #2 Exhibit Ex. A - Depo of A. Akhgar, #3 Exhibit Ex. B - Depo of K. Mabily, #4 Exhibit Ex. C - Depo of J. Unitas, #5 Exhibit Ex. D - Depo of J. Flournoy, #6 Exhibit Ex. E - Depo of T. Hill, #7 Exhibit Ex. F - Depo of B. Breslav, #8 Exhibit Ex. G - Affidavit of R. Hill, #9 Exhibit Ex. H - Affidavit of D.Soto, #10 Exhibit Ex. I - Depo of A. Braslav, #11 Exhibit Ex. J - Depo of B. Butler, #12 Statement of Material Facts LSG Statement of Material Facts)(Smith, Evan) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 147 CERTIFICATE OF SERVICE of Discovery by ETA, LLC.(Doyle, Kevin) |
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Filing 146
ELEVENTH 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 03/09/2021 (ddm) (ADI)
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| Filing 145 First NOTICE to Take Deposition of David G. Borenstein, M.D. filed by Kambiz Nabily (Thomas, Bradford) |
| Filing 144 Request for Leave of Absence for the following date(s): 6/18/21, 6/21/21, 6/22/21, 6/23/21, 6/24/21, 6/25/21, 7/2/21, 7/5/21, 7/6/21, 7/7/21, 7/8/21, 7/9/21, by Kevin A. Doyle. (Doyle, Kevin) |
| Filing 143 CERTIFICATE OF SERVICE by CSM North America, LLC.(Varner, Abraham) |
| Filing 142 CERTIFICATE OF SERVICE of Discovery by ETA, LLC.(Doyle, Kevin) |
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Filing 141
TENTH 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 01/27/2021. (rvb) (ADI)
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| Filing 140 NOTICE by LSG Limo, Incorporated of Leave of Absence for MDH for Feb. 22-29, 2021; April 16-26, 2021; May 18-21, 2021; August 2-17, 2021; October 18-22, 2021 (Hostetter, Michael) |
| Filing 139 CERTIFICATE OF SERVICE of Identification of Expert by Kambiz Nabily.(Thomas, Bradford) |
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ORDER: In light of the public health emergency and for good cause shown, the #138 Consent Motion for Extension of Time for Discovery is GRANTED. IT IS HEREBY ORDERED that discovery is extended through and including March 29, 2021. Dispositive motions shall be filed no later than April 28, 2021. Given the number of extensions as well as the lengthy initial discovery period, future extensions are unlikely. Signed by Judge J. P. Boulee on 1/7/21. (bnw)
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| Filing 138 Consent MOTION for Extension of Time to Complete Discovery with Brief In Support by ETA, LLC. (Attachments: #1 Brief Brief in Support of Consent Motion for an Extension of Time for Discovery, #2 Text of Proposed Order)(Doyle, Kevin) |
| Filing 137 CERTIFICATE OF SERVICE (DEFENDANT LSG INTERNATIONAL, INC.S LOCAL RULE 5.4 CERTIFICATE OF DISCOVERY MATERIALS) by LSG Limo, Incorporated.(Smith, Evan) |
| Filing 136 Amended NOTICE to Take Deposition of Tim Hill filed by ETA, LLC (Doyle, Kevin) |
| Filing 135 NOTICE to Take Deposition of Tim Hill filed by ETA, LLC (Doyle, Kevin) |
| Filing 134 Amended NOTICE to Take Deposition of Bryan Lima filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 133 CERTIFICATE OF SERVICE for acknowledgement of service of subpoena by Ahmad Akhgar. (Attachments: #1 Acknowledgement of Service of Subpoena)(Thomas, Bradford) |
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Filing 132
NINTH 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 12/08/2020. (mmc) (ADI)
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| Filing 131 First NOTICE to Take Deposition of Bryan Lima filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 130 Amended NOTICE to Take Deposition of Tushar Patel, M.D. filed by Kambiz Nabily (Thomas, Bradford) |
| Filing 129 First NOTICE to Take Deposition of Tushar Patel, M.D. filed by Kambiz Nabily (Thomas, Bradford) |
| Filing 128 CERTIFICATE OF SERVICE by LSG Limo, Incorporated.(Smith, Evan) |
| Filing 127 Certificate of Service in re OFFER OF JUDGMENT filed by Ahmad Akhgar. (Thomas, Bradford) Modified on 10/23/2020 to edit docket entry (ddm). |
| Clerk's Entry of Dismissal APPROVING #126 Stipulation of Dismissal of Cross-Claim of State Farm Automobile Insurance Company pursuant to Fed.R.Civ.P.41(a)(1)(A)(i). (ddm) |
| Filing 126 STIPULATION of Dismissal Dismissal of Cross-Claim by State Farm Mutual Insurance Company. (McGowan, Lori) |
| Filing 125 CERTIFICATE OF SERVICE filed by LSG Limo, Incorporated (Defendant LSG International, Inc.'s First Request For Production of Documents and First Continuing Interrogatoreis to Defendant ETA, LLC) (Smith, Evan) |
| Filing 124 CERTIFICATE OF SERVICE by ETA, LLC.(Averett, Justin) |
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ORDER: In light of the public health emergency and for good cause shown, the #122 Consent Motion to Extend the Discovery Period is GRANTED. IT IS HEREBY ORDERED that discovery is extended through and including January 26, 2021. Dispositive motions shall be filed no later than February 25, 2021. Signed by Judge J. P. Boulee on 10/1/20. (bnw)
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Filing 123
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (mmc) (ADI)
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| Filing 122 Consent MOTION for Extension of Time Discovery Period by CSM North America, LLC. (Varner, Abraham) |
| Filing 121 CERTIFICATE OF SERVICE by Anna Breslav.(Parsons, Erica) |
| Filing 120 Second NOTICE to Take Deposition of Boris Breslav filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 119 CERTIFICATE OF SERVICE Rule 5.4 Certificate of Service of Defendant LSG International, Inc.'s Responses to Defendant ETA, LLC's First Request For Production of Documents by LSG Limo, Incorporated.(Smith, Evan) |
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Filing 118
SEVENTH 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 9/1/2020. (mmc) (ADI)
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| Filing 117 Notice for Leave of Absence for the following date(s): 09/30/2020 - 10/02/2020, 10/08/2020 - 10/12/2020, 11/20/2020 - 11/30/2020, 12/23/2020 - 01/11/2021, 02/11/2021 - 02/12/2021, 04/02/2021 - 04/12/2021, 05/13/2021 - 05/14/2021, by Bradford W. Thomas. (Thomas, Bradford) |
| Filing 116 CERTIFICATE OF SERVICE by ETA, LLC.(Averett, Justin) |
| Filing 115 Second NOTICE to Take Deposition of Michael E. Goldsmith M.D. filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 114 CERTIFICATE OF SERVICE filed by Ahmad Akhgar. (Thomas, Bradford) Modified on 8/25/2020 (rjs). |
| Filing 113 Second NOTICE to Take Deposition of Bobby Butler filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 112 ANSWER to #99 Crossclaim LSG INTERNATIONAL, INC.S ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT ETA, LLCS CROSSCLAIM by LSG Limo, Incorporated.(Smith, Evan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 111 Certificate of Interested Persons by LSG Limo, Incorporated. (Smith, Evan) |
| Filing 110 Initial Disclosures by LSG Limo, Incorporated.(Smith, Evan) |
| Filing 109 CERTIFICATE OF SERVICE Response to ETA' 1st RPD to CSM Motorsport, Inc. by CSM Motorsports, Incorporated.(Varner, Abraham) |
| Filing 108 Notice for Leave of Absence for the following date(s): September 16-18, 2020 and October 8-9, 2020, by Evan E Smith, IV. (Smith, Evan) |
| Filing 107 First NOTICE to Take Deposition of Michael E. Goldsmith M.D. filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 106 First NOTICE to Take Deposition of Boris Breslav filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 105 First NOTICE to Take Deposition of Bobby Butler filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 104 CERTIFICATE OF SERVICE of Discovery by ETA, LLC.(Doyle, Kevin) |
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Filing 103
SIXTH 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 08/03/2020. (aaq) (ADI)
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| Filing 102 NOTICE to Take Deposition of Ahmad Akhgar filed by CSM North America, LLC (Varner, Abraham) |
| Filing 101 NOTICE to Take Deposition of Kambiz Nabily filed by CSM North America, LLC (Varner, Abraham) |
| Filing 100 Request for Leave of Absence for the following date(s): August 10, 2020 through and including September 1, 2020, October 19, 2020 through and including October 26, 2020, by Michael David Hostetter. (Hostetter, Michael) |
| Filing 99 CROSSCLAIM against LSG Limo, Incorporated with Jury Demand filed by ETA, LLC. (Attachments: #1 Exhibit "A" - Certificate of Insurance)(Doyle, Kevin) 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. |
| Filing 98 Initial Disclosures by Anna Breslav.(Parsons, Erica) |
| Filing 97 First NOTICE to Take Deposition of Jillian Unitas filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 96 First NOTICE to Take Deposition of Joseph O'Brien, M.D. filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 95 Defendant LSG International, Inc.'s ANSWER to #56 Amended Complaint by LSG Limo, Incorporated.(Smith, Evan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 94
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 93 CERTIFICATE OF SERVICE of Discovery by ETA, LLC.(Doyle, Kevin) |
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Filing 92
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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ORDER: For good cause shown, the #91 Consent Motion for Extension of Time to File Response to First Amended Complaint is GRANTED. IT IS HEREBY ORDERED that Defendant LSG International, Inc. shall respond to Plaintiff's First Amended Complaint no later than July 14, 2020. Signed by Judge J. P. Boulee on 7/1/20. (bnw)
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| Filing 91 Consent MOTION for Extension of Time to File Answer to First Amended Complaint by LSG Limo, Incorporated. (Attachments: #1 Text of Proposed Order)(Hostetter, Michael) |
| Filing 90 Certification of Consent to Substitution of Counsel. Michael David Hostetter replacing attorney J. David Hopkins, III. (Hostetter, Michael) |
| Filing 89 First NOTICE to Take Deposition of Anna Breslav filed by Ahmad Akhgar (Thomas, Bradford) |
| Filing 88 Notice for Leave of Absence for the following date(s): 7/6/20, 7/7/20, 7/8/20, 7/9/20, 7/10/20, 7/13/20, 7/14/20, 7/15/20, 7/16/20, 7/17/20, by Kevin A. Doyle. (Doyle, Kevin) |
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ORDER : For good cause shown, the #87 Consent Motion for Extension of Time to File Response to First Amended Complaint is GRANTED. IT IS HEREBY ORDERED that Defendant LSG International, Inc. shall respond to Plaintiffs' Complaint no later than June 30, 2020. Signed by Judge J. P. Boulee on 6/1/20. (bnw)
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| Filing 87 Consent MOTION for Extension of Time Respond to First Amended Complaint with Brief In Support by LSG Limo, Incorporated. (Attachments: #1 Exhibit A)(Hopkins, J.) |
| Filing 86 NOTICE of Appearance by J. David Hopkins, III on behalf of LSG Limo, Incorporated (Hopkins, J.) |
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Filing 85
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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ORDER: In light of the public health emergency and for good cause shown, the #83 Motion to Clarify, or in the alternative, Extend the Discovery Deadline is GRANTED. IT IS HEREBY ORDERED that discovery is extended through and including September 29, 2020. Signed by Judge J. P. Boulee on 5/14/20. (bnw)
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| Filing 84 CERTIFICATE OF SERVICE for Identification of Expert by Kambiz Nabily.(Thomas, Bradford) |
| Filing 83 Consent MOTION for Clarification by Ahmad Akhgar. (Attachments: #1 Text of Proposed Order Proposed Order)(Thomas, Bradford) |
| Filing 82 CERTIFICATE OF SERVICE Discovery Responses to Anna Breslav by Kambiz Nabily.(Thomas, Bradford) |
| Clerk's Certificate of Mailing as to LSG Limo, Incorporated re #81 Notice. (ddm) |
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Filing 81
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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| Filing 80 NOTICE by ETA, LLC (Averett, Justin) |
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Filing 79
ORDER striking LSG Limo, Incorporated's Answer #76 and Motion to Dismiss #77 . Defendant LSG is ordered to obtain counsel admitted to practice in this Court and have said counsel file a notice of appearance and a response to the First Amended Complaint within 30 days of the date of this Order. If Defendant LSG cannot obtain counsel within the time required, it should file a motion for extension of time with the Court, advising the Court why the extension is required. Signed by Judge J. P. Boulee on 4/29/2020. (ddm)
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| Filing 78 First Initial Disclosures by Kambiz Nabily.(Thomas, Bradford) |
| Clerk's Certificate of Mailing as to LSG Limo, Incorporated re #79 Order. (ddm) |
| Filing 77 (STRICKEN PER #79 ORDER) Pro Se MOTION to Dismiss by LSG Limo, Incorporated. (rjs) Modified on 4/29/2020 (ddm). |
| Filing 76 (STRICKEN PER #79 ORDER) Pro Se NOTICE Of Filing Answer to #1 Notice of Removal by LSG Limo, Incorporated. (rjs) Modified on 4/29/2020 (ddm). |
| Filing 75 ANSWER to #67 Crossclaim by ETA, LLC.(Doyle, Kevin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 74 CERTIFICATE OF SERVICE Nabily's Responses to ETA's First Discovery by Kambiz Nabily.(Thomas, Bradford) |
| Filing 73 Supplemental Initial Disclosures by Ahmad Akhgar.(Thomas, Bradford) |
| Filing 72 CERTIFICATE OF SERVICE Plt Second Identification of Expert by Ahmad Akhgar.(Thomas, Bradford) |
| Filing 71 CERTIFICATE OF SERVICE of Discovery to Plaintiff Nabily by Anna Breslav.(Parsons, Erica) |
| Filing 70 CERTIFICATE OF SERVICE filed by Ahmad Akhgar Service of Process on LSG Limo, Inc. (Thomas, Bradford) |
| Filing 69 Expert Report of Sean Alexander by Ahmad Akhgar. (Attachments: #1 Exhibit Expert - case list, #2 Exhibit Expert Report, #3 Exhibit Expert CV)(Thomas, Bradford) |
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Filing 68
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 67 CSM Motorsports, Inc.'s ANSWER to #56 Amended Complaint , CROSSCLAIM against ETA, LLC with Jury Demand by CSM Motorsports, Incorporated. (Attachments: #1 Exhibit Agreement)(Varner, Abraham) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 66 AFFIDAVIT of Service for complaint , as to CSM Motorsports Inc.. (Thomas, Bradford) |
| Filing 65 CERTIFICATE OF SERVICE by Anna Breslav.(Parsons, Erica) |
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Filing 64
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. (ddm)
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| Filing 63 CERTIFICATE OF SERVICE by ETA, LLC.(Averett, Justin) |
| Filing 62 ANSWER to #56 Amended Complaint by Anna Breslav.(Parsons, Erica) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 61 ANSWER to #56 COMPLAINT with Jury Demand by ETA, LLC.(Averett, Justin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/11/2020 in order to add document link (anc). |
| Filing 60 Defendant CSM North America, LLC ANSWER to #56 Amended Complaint by CSM North America, LLC.(Varner, Abraham) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 59 Electronic Summons Issued as to CSM North America, LLC, LSG Limo, Incorporated. (Attachments: #1 Summons)(ddm) |
| Filing 58 PROPOSED SUMMONS filed by Ahmad Akhgar LSG Limo Inc. (Thomas, Bradford) |
| Filing 57 PROPOSED SUMMONS filed by Ahmad Akhgar CSM Motorsports, Inc. (Thomas, Bradford) |
| Filing 56 First AMENDED COMPLAINT for damages adding Kambiz Nabily as a Party Plaintiff and LSG Limo, Inc. and CSM Motorsports, Inc. as Party Defendants against All Defendants filed by Ahmad Akhgar.(Thomas, Bradford) 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. |
| Filing 55 CERTIFICATE OF SERVICE Plt Responses to Breslav's First Discovery by Ahmad Akhgar.(Thomas, Bradford) |
| Filing 54 NOTICE by ETA, LLC of Intent to Serve Subpoenas Duce Tecum Without Deposition (Doyle, Kevin) |
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Filing 53
ORDER granting the parties' #52 Consent Motion to Amend Complaint to Add Parties and Dismiss Unnamed Defendant. Kambix Nabilty is added as a party plaintiff. LSG Limo, Incorporated and CSM Motorsports, Incorporated are added as party defendants. Defendant State Farm Mutual Automobile Insurance Company is dismissed without prejudice. Plaintiff is ordered to file an amended complaint no later than March 2, 2020. Signed by Judge J. P. Boulee on 2/10/2020. (ddm)
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| Filing 52 Consent MOTION to Amend Complaint To Add Parties and Dismiss Unnamed Defendant by Ahmad Akhgar. (Thomas, Bradford) |
| Filing 51 CERTIFICATE OF SERVICE Plt Responses to ETA LLC's First Discovery by Ahmad Akhgar.(Thomas, Bradford) |
| Filing 50 NOTICE by ETA, LLC of Intent to Serve Subpoenas Duce Tecum Without Deposition (Doyle, Kevin) |
| Filing 49 Notice for Leave of Absence for the following date(s): March 12, 2020 up through and including March 24, 2020; April 9, 2020 up through and including April 14, 2020; and May 20, 2020 up through and including June 3, 2020, by Lori Lynn McGowan. (McGowan, Lori) |
| Filing 48 CERTIFICATE OF SERVICE regarding Defendant's Discovery Responses by Anna Breslav.(Parsons, Erica) |
| Filing 47 CERTIFICATE OF SERVICE Rule 5.4 Certificate Regarding Discovery by Ahmad Akhgar.(Thomas, Bradford) |
| Filing 46 CERTIFICATE OF SERVICE of Discovery by ETA, LLC.(Doyle, Kevin) |
| Filing 45 CERTIFICATE OF SERVICE Rule 5.4 Certificate Regarding Discovery by Ahmad Akhgar.(Thomas, Bradford) |
| Filing 44 NOTICE by Ahmad Akhgar Notice of Firm Name Change (Thomas, Bradford) |
| Filing 43 CERTIFICATE OF SERVICE of Discovery by Anna Breslav.(Parsons, Erica) |
| Filing 42 Request for Leave of Absence for the following date(s): 3/19/20, 3/20/20, 6/26/20, 6/29/20, 6/30/20, 7/1/20, 7/2/20, 7/3/20, 7/6/20, 7/8/20, 7/9/20, 7/10/20, 7/13/20, 7/14/20, 7/15/20, 7/16/20, 7/17/20, 7/20/20, 10/1/20, 10/2/20, by Kevin A. Doyle. (Doyle, Kevin) |
| Filing 41 CERTIFICATE OF SERVICE filed by CSM North America, LLC Rule 5.4 Certificate of Discovery (Varner, Abraham) |
| Filing 40 NOTICE by ETA, LLC of Intent fo Serve Subpoenas Duces Tecum without Deposition (Doyle, Kevin) |
| Filing 39 Certification of Consent to Substitution of Counsel. Kevin A. Doyle replacing attorney Ashley C Webber. (Doyle, Kevin) |
| Filing 38 NOTICE by CSM North America, LLC Notice of Intent to Serve Subpoena (Varner, Abraham) |
| Filing 37 NOTICE by CSM North America, LLC Notice of Intent to Serve Subpoena (Varner, Abraham) |
| Filing 36 CERTIFICATE OF SERVICE Notice of Intent to Serve Subpoenas by CSM North America, LLC.(Varner, Abraham) |
| Filing 35 Defendant Breslav's Amended ANSWER to #1 NOTICE OF REMOVAL with Jury Demand and Complaint by Anna Breslav.(Parsons, Erica) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 34 Initial Disclosures by CSM North America, LLC.(Varner, Abraham) |
| Filing 33 Initial Disclosures by Ahmad Akhgar.(Thomas, Bradford) |
| Filing 32 Initial Disclosures by ETA, LLC. (Attachments: #1 Exhibit A-D, #2 Exhibit E)(Johnson, Myrece) |
| Filing 31 Notice for Leave of Absence for the following date(s): 01/01/2020-01/06/2020, 02/17/2020, 05/22/2020 - 05/29/2020, 06/29/2020-07/13/2020, 11/20/2020-11/30/2020, 12/23/2020-01/11/2021, by Bradford W. Thomas. (Thomas, Bradford) |
| Filing 30 Initial Disclosures by State Farm Mutual Insurance Company.(McGowan, Lori) |
| Filing 29 Certificate of Interested Persons by State Farm Mutual Insurance Company. (McGowan, Lori) |
| Clerks Notation re #29 Certificate of Interested Persons approved by JPB. (bnw) |
| Filing 28 Certification of Consent to Substitution of Counsel. Robert Edward Casey, Jr replacing attorney Jason Guy Wyrick. (Casey, Robert) |
| Filing 27 Notice for Leave of Absence for the following date(s): November 15, 25, 26, 27, 28, 29, 2019; December 6, 23, 24, 25, 26, 27, 28, 29, 30, 31, 2019, by Myrece Rebecca Johnson. (Johnson, Myrece) |
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Filing 26
SCHEDULING ORDER regarding the parties' #25 Joint Preliminary Report and Discovery Plan. Per the request of the parties, this case is assigned an eight-month discovery period. Discovery began on September 13, 2019, and shall close on May 13, 2020. Signed by Judge J. P. Boulee on 10/1/19. (ddm)
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| Filing 25 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by CSM North America, LLC. (Varner, Abraham) |
| Filing 24 Initial Disclosures by Mercedes Benz, USA, LLC.(Wyrick, Jason) |
| Filing 23 ETA, LLC's Answer and Affirmative Defenses to Defendant CSM North America, LLC's Cross-Claim ANSWER to #2 Crossclaim by ETA, LLC.(Johnson, Myrece) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 22 Notice for Leave of Absence for the following date(s): September 23, 24, 2019; November 15, 2019; November 27, 28, 29, 2019; December 6, 2019; December 23, 24, 25, 26, 27, 28, 29, 30, 31, 2019, by Myrece Rebecca Johnson. (Johnson, Myrece) |
| Clerks Notation re #4 #8 #11 #19 Certificates of Interested Persons approved by JPB. (bnw) |
| Filing 21 Notice for Leave of Absence for the following date(s): October 3, 4, & 17, 18, 19, 20, 21, 22, 23, 2019; November 7, 8, 9 & 10, 2019; December 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, & 23, 2019, by Ashley Catherine Webber. (Webber, Ashley) |
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Filing 20
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 9/9/19. (bnw)
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| Filing 19 Certificate of Interested Persons by ETA, LLC. (Johnson, Myrece) |
| Filing 18 DEMAND for Trial by Jury by ETA, LLC. (Johnson, Myrece) |
| Filing 17 Answer and Affirmative Defenses of ETA LLC to Plaintiff's Complaint for Damages ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by ETA, LLC.(Johnson, Myrece) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 16 Answer and Affirmative Defenses ANSWER to #6 Crossclaim of Mercedes Benz USA, LLC by CSM North America, LLC.(Varner, Abraham) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 15 NOTICE of Appearance by Erica L. Parsons on behalf of Anna Breslav (Parsons, Erica) |
| Filing 14 ANSWER to #1 NOTICE OF REMOVAL by Anna Breslav.(ddm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 13 ACKNOWLEDGMENT OF SERVICE Executed filed by CSM North America, LLC. ETA, LLC served on 9/3/2019. (Varner, Abraham) |
| (See Doc. #12 ) Return of Service Executed by Ahmad Akhgar. Anna Breslav, CSM North America, LLC, ETA, LLC, Mercedes Benz, USA, LLC served on 8/22/2019, answer due 9/12/2019. (tcc) |
| Filing 12 ACKNOWLEDGMENT OF SERVICE Executed filed by Ahmad Akhgar. All Defendants. (Thomas, Bradford) |
| Filing 11 Certificate of Interested Persons by Ahmad Akhgar. (Thomas, Bradford) |
| Filing 10 Notice for Leave of Absence for the following date(s): 9/9, 9/10, 9/11, 9/12, 9/13, 10/2, 10/3, 10/4, 10/7, 11/25, 11/26, 11/27, 11/28, 11/29, 12/23, 12/24, 12/25, 12/26, 12/27, 12/30, 12/31, by Jason Guy Wyrick. (Wyrick, Jason) |
| Filing 9 Electronic Summons Issued as to ETA, LLC. (ddm) |
| Filing 8 Certificate of Interested Persons and Corporate Disclosure Statement by Mercedes Benz, USA, LLC identifying Corporate Parent Daimler North America Corporation for Mercedes Benz, USA, LLC. (Wyrick, Jason) |
| Filing 7 DEMAND for Trial by Jury by Mercedes Benz, USA, LLC. (Wyrick, Jason) |
| Filing 6 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand , CROSSCLAIM against CSM North America, LLC with Jury Demand by Mercedes Benz, USA, LLC. (Attachments: #1 Exhibit D-1)(Wyrick, Jason) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 5 PROPOSED SUMMONS filed by CSM North America, LLC to ETA, LLC (Varner, Abraham) |
| Filing 4 Certificate of Interested Persons by CSM North America, LLC. (Varner, Abraham) |
| Filing 3 DEMAND for Trial by Jury by CSM North America, LLC. (Varner, Abraham) |
| Filing 2 Defendant CSM North America, LLC ANSWER to #1 NOTICE OF REMOVAL with Jury Demand Plaintiff's Complaint for Damages ( Discovery ends on 1/17/2020.), CROSSCLAIM against ETA, LLC with Jury Demand by CSM North America, LLC. (Attachments: #1 Exhibit Agreement)(Varner, Abraham) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by CSM North America, LLC, Mercedes Benz, USA, LLC, State Farm Mutual Insurance Company. (Filing fee $ 400 receipt number AGANDC-8864431) (Attachments: #1 Exhibit D-1, #2 Exhibit D-2, #3 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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