Lyerly et al v. Richardson et al
| Robert Lyerly |
| Amanda Richardson, Avis Budget Car Rental, LLC. and John Doe(s) |
| 1:2020cv00129 |
| January 9, 2020 |
| US District Court for the Northern District of Georgia |
| Charles A Pannell |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on February 13, 2020. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (tcc) |
| Clerk's Entry of Dismissal APPROVING #9 Stipulation of Dismissal Without Prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (tcc) |
| Filing 9 STIPULATION of Dismissal Without Prejudice (Consent) by Robert Lyerly. (Hinton, Andrew) |
Filing 8
ORDER - On February 10, 2020, the court ordered the plaintiff "to file an amended joint preliminary report and discovery plan, within three days..., incorporating Avis's responses and adding his own responses, where appropriate, in a non-argumentative manner." A review of the plaintiff's amended preliminary report and discovery plan [Doc. No. 7 ], however, reveals that he did not add any information to Avis's filing, and instead refiled essentially the same document. Furthermore, although the amended joint preliminary report and discovery plan bears the signature of A. Jack Hinton, it was improperly filed using a CM/ECF login belonging to Douglas Powell, who is not counsel of record in this matter. This violates Appendix H to the Local Rules, whichgoverns the procedures for electronic filings. Appendix H provides, "The login and password of an attorney constitute a signature on the document being filed. Thus, the login and password of the filing attorney must match the attorney whose signature block appears on the document filed." LR App. H Part I.B.5., NDGa. For these reasons, the amended preliminary report and discovery plan [Doc. No. 7 ], filed by the plaintiff is insufficient, and the Clerk is DIRECTED to STRIKE the document. The plaintiff is ORDERED to file a compliant document in the time specified in the court's February 10, 2020 order. Signed by Judge Charles A. Pannell, Jr. on 2/12/2020. (tcc)
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Filing 6
ORDER - The plaintiff is ORDERED to file an amended joint preliminary report and discovery plan, within three days from the entry of this order, incorporating Avis's responses and adding his own responses, where appropriate, in a non- argumentative manner. Failure to do so will result in dismissal. Second, Avis's notice of removal does not address whether defendant Richardson has been served or whether she consents to the removal of this action. Avis is ORDERED to file an amended notice of removal within three days from the entry of this order addressing these defects. Failure to do so will result in remand. Finally, the parties are ordered to SHOW CAUSE, within seven days from the entry of this order, why venue is proper in this district. Signed by Judge Charles A. Pannell, Jr. on 2/10/2020. (tcc)
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| Notification of Docket Correction re #1 Notice of Removal: The filer has been corrected to show that only defendant Avis Budget Car Rental, LLC. removed this case to this court. Defendant Avis Budget Car Rental, LLC.'s answer from state court can be found at docket entry no. 5. Discovery is running and will end on 6/8/2020. (sap) |
| Filing 4 Initial Disclosures by Avis Budget Car Rental, LLC.. (Attachments: #1 Appendix Documents Produced with Initial Disclosures)(Craft, Andrew) |
| Filing 3 DEFENDANT'S PRELIMINARY REPORT AND DISCOVERY PLAN filed by Avis Budget Car Rental, LLC.. (Attachments: #1 Exhibit A - emails with Plaintiff's Counsel)(Craft, Andrew) Modified on 2/10/2020 to correct docket accurately reflect efile pleading; Clerk notes pleading signed by defendant's counsel only (tcc). |
| Filing 2 Corporate Disclosure Statement by Avis Budget Car Rental, LLC. identifying Corporate Parent Avis Budget Group, Inc. for Avis Budget Car Rental, LLC. by Avis Budget Car Rental, LLC..(Rowlen, Brantley) |
| Notification of Docket Correction to change Origin from Original Proceeding to Removal from State Court. (dmb) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Avis Budget Car Rental, LLC., John Doe(s), Amanda Richardson. (Filing fee $ 400 receipt number AGANDC-9251749) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(dmb) 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. (Attachment 2 replaced on 1/15/2020) (dgs). |
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