Hamilton v. MTN Express, LLC et al
| Khaliyl J. Hamilton |
| Lonestar Forklift 2017, Inc., XYZ Corporation(s), John Does 1-2, Lonestar Forklift 2017 USA, Inc., Oscar Graves and MTN Express, LLC |
| 1:2020cv03381 |
| August 14, 2020 |
| US District Court for the Northern District of Georgia |
| Steven D Grimberg |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 31 Electronic Summons Issued as to Oscar Graves. (jpk) |
| Filing 30 PROPOSED SUMMONS filed by Khaliyl J. Hamilton for Oscar Graves (Bennett, Thomas) |
| Filing 29 Second AMENDED COMPLAINT against Oscar Graves, MTN Express, LLCwith Jury Demand filed by Khaliyl J. Hamilton.(Bennett, Thomas) 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 28 Return of Service Executed by Khaliyl J. Hamilton. MTN Express, LLC served on 9/28/2020, answer due 10/19/2020. (Attachments: #1 Affidavit Return of Service on MTN Express LLC made 9-28-20)(Bennett, Thomas) |
Filing 27
ORDER granting #24 Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff is DIRECTED to file his Second Amended Complaint as a separate document. The Court finds that the requirements of Rule 15(c) and/or O.C.G.A. 9-11-15(c) are satisfied, such that the filing of the Second Amended Complaint shall relate back to the date of the original Complaint. Signed by Judge Steven D. Grimberg on 9/29/2020. (bdb)
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Filing 26
ORDER granting #23 Plaintiff's Motion to Substitute Party. IT IS HEREBY ORDERED that Defendant John Doe is hereby DISMISSED from this proceeding, and in its place is SUBSTITUTED Oscar Graves. As two defendants John Doe were originally plead, one shall remain. The case style is hereby changed accordingly as shown above. Signed by Judge Steven D. Grimberg on 9/29/2020. (bdb)
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Filing 25
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. (ddm) (ADI)
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| Filing 24 Unopposed MOTION for Leave to File Second Amended Complaint with Brief In Support by Khaliyl J. Hamilton. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Text of Proposed Order Order Granting Leave to File Second Amended Complaint)(Bennett, Thomas) |
| Filing 23 Second MOTION to Substitute Party Defendant John Doe with Brief In Support by Khaliyl J. Hamilton. (Attachments: #1 Text of Proposed Order Order to Substitute A Defendant John Doe, #2 Exhibit Defendant Lonestar's 'Initial Disclosures Production', #3 Exhibit 'Initial Disclosures Production' Marked for Details re Defendant Graves)(Bennett, Thomas) |
| Filing 22 Electronic Summons Issued as to MTN Express, LLC. (bdb) |
| Filing 21 PROPOSED SUMMONS filed by Khaliyl J. Hamilton for MTN Express, LLC (Bennett, Thomas) |
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Filing 20
ORDER Granted #18 Unopposed MOTION to Substitute Party MTN Express, LLC filed by Khaliyl J. Hamilton. Defendant Lonestar Forklift 2017 USA, Inc., is hereby DISMISSED without prejudice from this proceeding, and in its place is SUBSTITUTED MTN Express, LLC. Signed by Judge Steven D. Grimberg on 9/22/2020. (bdb)
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| Filing 19 Minute Entry for proceedings held before Judge Steven D. Grimberg: denying as moot #17 Motion to Dismiss and granting #18 Motion to Substitute Party. Scheduling Conference held telephonically on 9/22/2020. The Court GRANTED Plaintiff's Unopposed Motion to Substitute Party MTN Express, LLC [ECF 18]. The Court DISMISSED Lonestar Forklift 2017 USA, Inc. from this action. Lonestar Forklift 2017 USA, Inc.'s Motion to Dismiss [ECF 17] is DENIED AS MOOT. Plaintiff is ORDERED to file an amended complaint within 30 days. (Court Reporter Alicia Bagley)(bdb) |
| Filing 18 Unopposed MOTION to Substitute Party MTN Express, LLC with Brief In Support by Khaliyl J. Hamilton. (Attachments: #1 Text of Proposed Order Proposed Order to Substitute Proper Party Defendant)(Bennett, Thomas) |
| Filing 17 MOTION to Dismiss for Lack of Personal Jurisdiction with Brief In Support by Lonestar Forklift 2017 USA, Inc.. (Attachments: #1 Exhibit A - Affidavit of Donald McSwain)(White, Joseph) |
| NOTICE of TELECONFERENCE Hearing: Scheduling Conference set for 9/22/2020 at 10:00 AM in No Courtroom before Judge Steven D. Grimberg. Connection instructions have been emailed to the parties. (ash) |
| Filing 16 Initial Disclosures by Lonestar Forklift 2017 USA, Inc.. (Attachments: #1 A - Witness List, #2 B - Expert List, #3 C - Document List, #4 D - Damages Computation, #5 E - Insurance Agreements)(White, Joseph) |
| Filing 15 CERTIFICATE OF SERVICE of Plaintiff (First) by Khaliyl J. Hamilton.(Bennett, Thomas) |
| Filing 14 Initial Disclosures by Khaliyl J. Hamilton. (Attachments: #1 List of Persons with Information, #2 List of Expert Witnesses, #3 List of Documents, #4 Computation of Damages)(Bennett, Thomas) |
| Filing 13 Certificate of Interested Persons by Khaliyl J. Hamilton. (Bennett, Thomas) |
| Filing 12 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Khaliyl J. Hamilton. (Attachments: #1 Defendant's Statement Regarding Jurisdictional Objection)(Bennett, Thomas) |
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Filing 11
ORDER granting #8 Application for Admission Pro Hac Vice Garon R. Horton for Lonestar Forklift 2017 USA, Inc. Signed by Judge Steven D. Grimberg on 9/4/2020. 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.(bdb)
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| Clerk's Certificate of Mailing as to Lonestar Forklift 2017 USA, Inc. re #11 Order on Application for Admission PHV, to Garon R. Horton. (bdb) |
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Filing 10
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. (ddm) (ADI)
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| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Garon R. Horton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10074923).. Attorney Garon R. Horton added appearing on behalf of Lonestar Forklift 2017 USA, Inc., Lonestar Forklift 2017, Inc. (cdg) |
| Filing 9 CERTIFICATE of Compliance (Bennett, Thomas) |
| Filing 8 APPLICATION for Admission of Garon R. Horton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10074923).by Lonestar Forklift 2017 USA, Inc.. (Attachments: #1 Text of Proposed Order)(White, Joseph) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 7 CERTIFICATE of Compliance re #6 Order Regarding Civil Litigation (White, Joseph) |
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Filing 6
STANDING ORDER Regarding Civil Litigation. Signed by Judge Steven D. Grimberg on August 19, 2020. (ash)
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Filing 5
Sixth 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 8/3/2020. (jpk)
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| Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Lonestar Forklift 2017 USA, Inc. identifying Corporate Parent Venturis Capital Corporation for Lonestar Forklift 2017 USA, Inc. (jpk) |
| Filing 3 ANSWER to #2 Amended Complaint by Lonestar Forklift 2017 USA, Inc. (Originally filed in State Court on 6/12/2020) Discovery ends on 1/11/2021. (jpk) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 2 AMENDED COMPLAINT with Jury Demand filed by Khaliyl J. Hamilton against Lonestar Forklift 2017 USA, Inc., John Does 1-2, and XYZ Corporation(s). (Originally filed in State Court on 6/1/2020) (jpk) 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 1 NOTICE OF REMOVAL with COMPLAINT filed by Lonestar Forklift 2017, Inc. (Filing fee $ 400 receipt number AGANDC-10030174) (Attachments: #1 Exhibit A - State Court Case File, #2 Exhibit B - Responses to Requests for Admissions, #3 Exhibit C - Notice of Filing of Notice of Removal, #4 Civil Cover Sheet) (jpk) 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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