Fuller v. Hillstone Restaurant Group, Inc. et al
Plaintiff: Latina Fuller
Defendant: XYZ Corp. Nos. 1 through 9, Hillstone Restaurant Group, Inc. and Hillstone Restaurant Group, Inc. doing business as Houston's
Case Number: 1:2020cv01908
Filed: May 1, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Amy Totenberg
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2021 Filing 33 CLERK'S JUDGMENT. (rjs)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
January 25, 2021 Opinion or Order Filing 32 ORDER: Because Ms. Fuller has not established actual or constructive knowledge on the part of Houston's, Defendant's #22 Motion for Summary Judgment is GRANTED. The Court ENTERS judgment in favor of Defendant and against Plaintiff. The Clerk is DIRECTED to close this case. Signed by Judge Amy Totenberg on 1/25/2021. (rjs)
January 25, 2021 Civil Case Terminated. (rjs)
December 9, 2020 Opinion or Order Filing 31 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. (ddm) (ADI)
October 2, 2020 Submission of #22 MOTION for Summary Judgment, to District Judge Amy Totenberg. (rlb)
September 29, 2020 Opinion or Order Filing 30 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. (adg) (ADI)
September 25, 2020 Filing 29 REPLY BRIEF re #22 MOTION for Summary Judgment filed by Hillstone Restaurant Group, Inc.. (Ewing, Patrick)
September 16, 2020 Filing 28 Response to Statement of Material Facts re #22 MOTION for Summary Judgment filed by Latina Fuller. (Randall, Brandyn)
September 16, 2020 Filing 27 Response re #22 MOTION for Summary Judgment and Statement of Material Facts Still in Dispute filed by Latina Fuller. (Attachments: #1 Exhibit Defendant's Response to Admissions)(Randall, Brandyn)
September 2, 2020 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time. The Court finds that the ends of justice served by granting the extension of time outweigh the impact of the insignificant delay. As such, Plaintiff has through and including September 16, 2020 to respond to Defendant's Motion for Summary Judgment. Signed by Judge Amy Totenberg on 9/2/2020. (jpk)
September 2, 2020 Filing 25 First MOTION for Extension of Time to File Response to MSJ with Brief In Support by Latina Fuller. (Attachments: #1 Text of Proposed Order)(Randall, Brandyn)
September 2, 2020 Opinion or Order Filing 24 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. (aaq) (ADI)
August 12, 2020 Filing 23 NOTICE Of Filing Deposition Transcripts by Hillstone Restaurant Group, Inc. re #22 MOTION for Summary Judgment (Attachments: #1 Exhibit Plaintiff Deposition, #2 Exhibit Jon Rivero Deposition)(Ewing, Patrick)
August 12, 2020 Filing 22 MOTION for Summary Judgment with Brief In Support by Hillstone Restaurant Group, Inc.. (Attachments: #1 Brief Brief, #2 Statement of Material Facts Statement of Material Facts, #3 Exhibit Exhibit 1 - Pltf Depo, #4 Exhibit Exhibit 2 - Pltf ROGS, #5 Exhibit Exhibit 3 - Rivero Depo, #6 Exhibit Exhibit 4 - Affidavit of Jon Rivero, #7 Exhibit Exhibit 5 - Affidavit of Kelley Knowles)(Ewing, Patrick) --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.--
August 4, 2020 Opinion or Order Filing 21 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. (jpa) (ADI)
July 22, 2020 Filing 20 Certification of Consent to Substitution of Counsel. Brandyn Latrice Randall replacing attorney Sheila Lynne Bilimoria. (Randall, Brandyn) Modified on 7/23/2020 QC email sent re signatures(tmf).
July 13, 2020 Opinion or Order Filing 19 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 (ddm) (ADI)
July 2, 2020 Filing 18 CERTIFICATE OF SERVICE of Offer of Judgment filed by Latina Fuller. (Bilimoria, Sheila) Modified on 7/6/2020 to edit event text(bnp).
July 2, 2020 Opinion or Order Filing 17 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. (ddm) (ADI)
June 30, 2020 Filing 16 CERTIFICATE of Compliance (Bilimoria, Sheila)
June 2, 2020 Opinion or Order Filing 15 SCHEDULING ORDER: re: #13 Joint Preliminary Report and Discovery Plan. This case is assigned to a four-month discovery track. See Local Rules, NDGa, App. F, http://www.gand.uscourts.gov/sites/default/files/NDGARulesAppF.pdf. Signed by Judge Amy Totenberg on 6/2/2020. (rjs)
June 1, 2020 Filing 14 Initial Disclosures by Hillstone Restaurant Group, Inc..(Gibson, Jonathan)
June 1, 2020 Filing 13 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Hillstone Restaurant Group, Inc.. (Gibson, Jonathan)
June 1, 2020 Filing 12 First Initial Disclosures by Latina Fuller. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C, #4 Exhibit Attachment D, #5 Exhibit Attachment E)(Bilimoria, Sheila)
June 1, 2020 Submission of #13 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (bnp)
May 27, 2020 Opinion or Order Filing 11 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. (adg) (ADI)
May 26, 2020 Opinion or Order Filing 10 ORDER re #9 Supplemental Notice of Removal. The Court finds that Defendant has responded satisfactorily to the Court's Order. When the Parties file their Joint Preliminary Report and Discovery Plan, Plaintiff is DIRECTED to set forth the state of her citizenship, i.e., her domicile, in Paragraph 1 of the JPRDP, as residency alone is not sufficient for determining complete diversity. Signed by Judge Amy Totenberg on 5/26/2020. (bnp)
May 26, 2020 Submission of #8 Order to District Judge Amy Totenberg. (bnp)
May 25, 2020 Filing 9 Supplemental NOTICE OF REMOVAL by Hillstone Restaurant Group, Inc. (Attachments: #1 Exhibit Exhibit A - Pleadings, #2 Exhibit Exhibit B - Notice of Removal STATE, #3 Exhibit Exhibit C - Defendant Pleadings, #4 Exhibit Exhibit D - Demand Letter of Plaintiff, #5 Exhibit Exhibit E - Plaintiff's Response to Interrogaties, #6 Exhibit Exhibit - Attorney Affidavit)(Gibson, Jonathan) Modified on 5/26/2020 to edit event text (bnp).
May 11, 2020 Opinion or Order Filing 8 ORDER: The Court DIRECTS Defendant to supplement its Notice of Removal by NO LATER THAN Monday, May 25, 2020, with evidence to support its allegations that complete diversity and the jurisdictional amount in controversy requirement of 28 U.S.C. 1332 are met here. Upon the filing of this supplementary evidence, the Court will conduct another sua sponte review and, unless Defendant's evidence establishes by a preponderance of the evidence that the amount in controversy is more than $75,000, the Court will summarily remand this case. A failure to comply with this directive will also result in summary remand. The Clerk is directed to resubmit this matter to the undersigned on May 26, 2020. Signed by Judge Amy Totenberg on 5/11/2020. (bnp)
May 11, 2020 Opinion or Order 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 5/11/2020. (bnp)
May 11, 2020 Filing 6 NOTICE of Appearance by Sheila Lynne Bilimoria on behalf of Latina Fuller (Bilimoria, Sheila)
May 5, 2020 Filing 5 NOTICE Of Filing Notice of Removal - Corrected Exhibit "A" (Complaint) by Hillstone Restaurant Group, Inc. re #1 Notice of Removal,, (Gibson, Jonathan)
May 5, 2020 Filing 4 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Hillstone Restaurant Group, Inc..(Gibson, Jonathan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 5, 2020 Opinion or Order Filing 3 SECOND AMENDMENT TO THE GENERAL ORDER RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 4/30/20. (eop)
May 1, 2020 Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Hillstone Restaurant Group, Inc.. Discovery ends on 9/28/2020. (Filed 4/29/20 in State Court and included with Notice of Removal) (eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 1, 2020 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Hillstone Restaurant Group, Inc.. (Filing fee $ 400.00 receipt number AGANDC-9651435) (Attachments: #1 Exhibit -A -Plaintiff Pleading, #2 Exhibit -B -Notice of Removal -State, #3 Exhibit -C -Defendant Pleading, #4 Civil Cover Sheet)(eop) 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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Defendant: XYZ Corp. Nos. 1 through 9
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Defendant: Hillstone Restaurant Group, Inc.
Represented By: Jonathan Gibson
Represented By: G. Randall Moody
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Defendant: Hillstone Restaurant Group, Inc. doing business as Houston's
Represented By: Jonathan Gibson
Represented By: G. Randall Moody
Represented By: Patrick J. Ewing
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Plaintiff: Latina Fuller
Represented By: Matthew Lincoln Hilt
Represented By: Sheila Lynne Bilimoria
Represented By: Brandyn Latrice Randall
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