McClure v. Morgan Truck Body, LLC et al
Plaintiff: Jerry McClure
Defendant: Penske Vehicle Services, Inc., David Daws, Penske Truck Leasing Co., L.P., Hino Motors Sales U.S.A., Inc., Morgan Truck Body, LLC, Sam Rutledge and Penske Truck Leasing Corp.
Case Number: 1:2020cv03583
Filed: August 28, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2020 Submission of #14 MOTION to Remand to State Court , to District Judge Leigh Martin May. (tmf)
October 6, 2020 Opinion or Order Filing 27 ORDER granting #25 Motion to Dismiss pursuant to the terms contained therein. The Clerk is DIRECTED to TERMINATE Hino Motors Sales U.S.A., Inc. from this matter without prejudice. Signed by Judge Leigh Martin May on 10/6/2020. (rjs)
October 5, 2020 Filing 26 REPLY BRIEF re #14 MOTION to Remand to State Court filed by Jerry McClure. (Attachments: #1 Exhibit A: Morgan Initial Disclosures, #2 Exhibit B: Penske Initial Disclosures)(Oliverio, Justin)
October 5, 2020 Filing 25 Consent MOTION to Dismiss Less than All Parties by Hino Motors Sales U.S.A., Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order B)(Johnson, Myrece)
September 30, 2020 Filing 24 CERTIFICATE OF SERVICE re #21 Initial Disclosures & Documents by Jerry McClure.(Oliverio, Justin)
September 29, 2020 Opinion or Order Filing 23 SCHEDULING ORDER - Upon review of the information contained in the Joint Preliminary Report and Discovery Plan form completed and filed by the parties, the Court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court, except as herein modified: The parties are to submit a proposed scheduling order. Signed by Judge Leigh Martin May on 9/29/2020. (tcc)
September 29, 2020 Opinion or Order Filing 22 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)
September 28, 2020 Filing 21 Initial Disclosures by Jerry McClure.(Oliverio, Justin)
September 28, 2020 Filing 20 CERTIFICATE OF SERVICE of Initial Disclosures by David Daws, Morgan Truck Body, LLC.(Sweet, Jason)
September 28, 2020 Filing 19 CERTIFICATE OF SERVICE Initial Disclosures by Penske Truck Leasing Co., L.P., Penske Truck Leasing Corp., Penske Vehicle Services, Inc., Sam Rutledge.(Miller, Edward)
September 28, 2020 Filing 18 Consent JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Jerry McClure. (Oliverio, Justin)
September 25, 2020 Filing 17 RESPONSE re #14 MOTION to Remand to State Court DEF Daws Response to PLs Motion to Remand filed by David Daws. (Attachments: #1 Exhibit Exhibit A - Declaration of David Daws, #2 Exhibit Exhibit B - Affidavit of Sam Rutledge)(Mazziotti, Thomas)
September 25, 2020 Filing 16 RESPONSE in Opposition re #14 MOTION to Remand to State Court filed by Penske Truck Leasing Co., L.P., Penske Truck Leasing Corp., Penske Vehicle Services, Inc., Sam Rutledge. (Attachments: #1 Affidavit Affidavit of Sam Rutledge, #2 Exhibit Woodard v Wal-Mart Stores LP)(Miller, Edward)
September 21, 2020 Opinion or Order ORAL ORDER granting #15 Application for Admission of Jason Sweet Pro Hac Vice. Ruled on by Judge Leigh Martin May on 9/21/2020. 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.(bnp)
September 16, 2020 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Jason Sweet Pro Hac Vice (Application fee $ 150, receipt number BGANDC-10134512).. Attorney Jason Sweet added appearing on behalf of David Daws, Morgan Truck Body, LLC (nmb)
September 11, 2020 Filing 15 APPLICATION for Admission of Jason Sweet Pro Hac Vice (Application fee $ 150, receipt number BGANDC-10134512).by David Daws, Morgan Truck Body, LLC. (Mazziotti, Thomas) Documents for this entry are not available for viewing outside the courthouse.
September 11, 2020 Filing 14 MOTION to Remand to State Court with Brief In Support by Jerry McClure. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Remand, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Oliverio, Justin)
September 4, 2020 Clerks Notation re #13 Certificate of Interested Persons. Read and approved by LMM. (bnp)
September 3, 2020 Filing 13 Certificate of Interested Persons by Jerry McClure. (Oliverio, Justin)
September 3, 2020 Clerks Notation re #12 Certificate of Interested Persons. Read and approved by LMM. (bnp)
September 2, 2020 Filing 12 Certificate of Interested Persons and Corporate Disclosure Statement by Hino Motors Sales U.S.A., Inc. identifying Other Affiliate Hino Motors, Ltd., Other Affiliate Mitsui & Co., Ltd. for Hino Motors Sales U.S.A., Inc.. (Johnson, Myrece)
September 2, 2020 Filing 11 DEMAND for Trial by Jury by Penske Truck Leasing Co., L.P.. (Miller, Edward)
September 2, 2020 Clerks Notation re #9 Certificate of Interested Persons. Read and approved by LMM. (bnp)
September 1, 2020 Opinion or Order 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 9/1/20. (eop)
August 28, 2020 Filing 9 Certificate of Interested Persons by David Daws, Morgan Truck Body, LLC, Penske Truck Leasing Co., L.P., Penske Truck Leasing Corp., Penske Vehicle Services, Inc. and Sam Rutledge. (eop)
August 28, 2020 Filing 8 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Penske Truck Leasing Co., L.P.. (Filed in State Court and included with Notice of Removal)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 28, 2020 Filing 7 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Hino Motors Sales U.S.A., Inc.. (filed in State Court and included with Notice of Removal) (Attachments: #1 Jury Demand)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 28, 2020 Filing 6 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Sam Rutledge. (Filed in State Court and included with Notice of Removal)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 28, 2020 Filing 5 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Morgan Truck Body, LLC. (Filed in State Court and included with Notice of Removal)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 28, 2020 Filing 4 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by David Daws. (Filed in State Court and included with Notice of Removal)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 28, 2020 Filing 3 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Penske Vehicle Services, Inc.. (Filed in State Court and included with Notice of Removal)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 28, 2020 Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Penske Truck Leasing Corp.. Discovery ends on 1/25/2021. (Filed in State Court and included with Notice of Removal)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 28, 2020 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Penske Truck Leasing Corp., Sam Rutledge, Penske Vehicle Services, Inc., David Daws, Penske Truck Leasing Co., L.P. and Morgan Truck Body, LLC. (Filing fee $ 400.00 receipt number AGANDC-10080270) (Attachments: #1 Joint Notice of Consent, #2 Complaint, #3 Answer - Penske Corp., #4 Answer - Penske Vehicle, #5 Answer - D. Daws, #6 Answer -Morgan Truck, #7 Answer -S. Rutledge, #8 Answer -Penske LP, #9 Answer - Hino, #10 Jury Demand -Hino, #11 Summons - D. Daws, #12 Summons -Hino Motors, #13 Summons - Morgan Truck Body, #14 Summons -Penske Truck Co., #15 Summons - Penske Truck Corp., #16 Summons -Penske Vehicle, #17 Summons - S. Rutledge, #18 Hino -Sheriff's Entry, #19 Penske Vehicle -Sheriff's Entry, #20 Morgan Truck -Sheriff's Entry, #21 Penske Truck Corp. -Sheriff's Entry, #22 Penske Truck Leasing Co., L.P., #23 S. Rutledge -Sheriff's Entry of Service, #24 D. Daws -Entry of Service, #25 Notice of Filing -Notice of Removal, #26 Gwinnett State Court Docket, #27 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: Penske Vehicle Services, Inc.
Represented By: David Grant Coyle
Represented By: Edward Alan Miller
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Defendant: David Daws
Represented By: Spencor Luke Hall
Represented By: Thomas J. Mazziotti
Represented By: Jason J Sweet
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Defendant: Penske Truck Leasing Co., L.P.
Represented By: David Grant Coyle
Represented By: Edward Alan Miller
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Defendant: Hino Motors Sales U.S.A., Inc.
Represented By: C. Bradford Marsh
Represented By: Myrece Rebecca Johnson
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Defendant: Morgan Truck Body, LLC
Represented By: Spencor Luke Hall
Represented By: Thomas J. Mazziotti
Represented By: Jason J Sweet
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Defendant: Sam Rutledge
Represented By: David Grant Coyle
Represented By: Edward Alan Miller
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Defendant: Penske Truck Leasing Corp.
Represented By: David Grant Coyle
Represented By: Edward Alan Miller
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Plaintiff: Jerry McClure
Represented By: Bruce R. Millar
Represented By: Justin Lee Oliverio
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