Ball v. CSX Transportation, Inc. et al
Plaintiff: Tyrik Ball
Defendant: John Does 1-10, US Services, LLC, CSX Transportation, Inc. and Clinton Dallas
Case Number: 1:2021cv00694
Filed: February 17, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446 pl
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2021 Filing 25 ANSWER to #11 First Amended Complaint filed by Clinton Dallas. (Attachments: #1 Certificate of Service)(Cooper, Gary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 4/16/2021 to edit docket entry and link answer to amended complaint (ddm).
April 6, 2021 Notification of Docket Correction re #22 REPLY BRIEF re #13 MOTION to Remand filed by Tyrik Ball. (Potts, James) Modified on 4/6/2021 to edit text and document links to correspond to filed pleading(tmf)
April 6, 2021 Submission of #13 MOTION to Remand to State Court , to District Judge Leigh Martin May. (tmf)
April 2, 2021 Filing 24 RESPONSE in Opposition re #18 MOTION to Dismiss the Joinder of Defendant Clinton Dallas and Deny Plaintiff's Motion to Remand filed by Tyrik Ball. (Potts, James)
April 2, 2021 Filing 23 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiff's Amended Complaint filed by Tyrik Ball. (Potts, James)
April 1, 2021 Filing 22 REPLY BRIEF re #13 MOTION to Remand filed by Tyrik Ball. (Potts, James) Modified on 4/6/2021 to edit text and document links to correspond to filed pleading(tmf).
April 1, 2021 Filing 21 Return of Service Executed by Tyrik Ball. Clinton Dallas served on 3/30/2021, answer due 4/20/2021. (Potts, James)
March 23, 2021 Submission of #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Leigh Martin May. (tmf)
March 23, 2021 Opinion or Order ORDER denying as moot #8 Motion to Dismiss for Failure to State a Claim. After Defendant filed this Motion to Dismiss, Plaintiff amended the complaint. A new motion to dismiss has been filed as to the amended complaint. This prior motion to dismiss is DENIED as MOOT. Entered by Judge Leigh Martin May on 03/23/21. (LMM)
March 19, 2021 Filing 20 (construed by clerk) RESPONSE re #13 MOTION to Remand to State Court filed by CSX Transportation, Inc. (found within #18 motion to dismiss) (tmf)
March 19, 2021 Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Plaintiff's Amended Complaint with Brief In Support by US Services, LLC. (Attachments: #1 Text of Proposed Order)(Barrow, Shannon)
March 19, 2021 Filing 18 MOTION to Dismiss the Joinder of Defendant Clinton Dallas and Deny Plaintiff's Motion to Remand with Brief In Support by CSX Transportation, Inc.. (Richardson, Morris)
March 18, 2021 Filing 17 RESPONSE in Opposition re #13 MOTION to Remand to State Court filed by US Services, LLC. (Barrow, Shannon)
March 15, 2021 Filing 16 Electronic Summons Issued as to Clinton Dallas. (tcc)
March 12, 2021 Filing 15 PROPOSED SUMMONS filed by Tyrik Ball (Potts, James)
March 10, 2021 Opinion or Order Filing 14 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 (adg) (ADI)
March 9, 2021 Notification of Docket Correction re #10 ---REFILED AT #11 WITH ADDITIONAL PAGES---First AMENDED COMPLAINT FOR DAMAGES against All Defendants with Jury Demand filed by Tyrik Ball.(Potts, James) Please visit our website at http://www.gand.uscourts.gov/commo nly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 3/9/2021 to add red text(tmf). (tmf)
March 8, 2021 Filing 13 MOTION to Remand to State Court with Brief In Support by Tyrik Ball. (Attachments: #1 Brief Brief in Support of Motion to Remand)(Potts, James)
March 8, 2021 Filing 12 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tyrik Ball. (Potts, James)
March 8, 2021 Filing 11 First AMENDED COMPLAINT FOR DAMAGES against All Defendants with Jury Demand filed by Tyrik Ball.(Potts, James) 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.
March 8, 2021 Filing 10 ---REFILED AT #11 WITH ADDITIONAL PAGES---First AMENDED COMPLAINT FOR DAMAGES against All Defendants with Jury Demand filed by Tyrik Ball.(Potts, James) 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. Modified on 3/9/2021 to add red text(tmf).
March 3, 2021 Submission of #4 Order,,, Set Submission Deadline,,, to District Judge Leigh Martin May. (tmf)
March 1, 2021 Clerks Notation re #9 Certificate of Interested Persons. Read and approved by LMM. (bnp)
February 25, 2021 Filing 9 Certificate of Interested Persons by US Services, LLC. (Barrow, Shannon)
February 25, 2021 Clerks Notation re #6 Certificate of Interested Persons. Read and approved by LMM. (bnp)
February 24, 2021 Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by US Services, LLC. (Attachments: #1 Exhibit Ex. "A" - Complaint, #2 Text of Proposed Order)(Barrow, Shannon)
February 23, 2021 Filing 7 RESPONSE re #4 Order,,, Set Submission Deadline,, Statement of Parties' Citizenship filed by CSX Transportation, Inc.. (Gilson, James)
February 18, 2021 Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by CSX Transportation, Inc. identifying Corporate Parent CSX Corporation for CSX Transportation, Inc.. (Gilson, James)
February 18, 2021 Filing 5 ANSWER to COMPLAINT by CSX Transportation, Inc.. Discovery ends on 7/19/2021.(Gilson, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
February 18, 2021 Opinion or Order Filing 4 ORDER: Defendant is ORDERED to properly state the parties' citizenships by March 2, 2021. Failure to do so may result in dismissal of this action. Travaglio v. Am. Express Co., 735 F.3d 1266, 1268-70 (11th Cir. 2013) (holding that court must dismiss action for lack of subject matter jurisdiction unless pleadings or record evidence establishes jurisdiction). If Plaintiff does not have Defendant's information in its possession, custody, or control, then Defendant is ORDERED to provide Plaintiff with the relevant information once served if asked. The Clerk is DIRECTED to resubmit the matter to the undersigned on March 3, 2021. Signed by Judge Leigh Martin May on 2/18/2021. (tmf)
February 18, 2021 Opinion or Order Filing 3 STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 2/18/2021. (tmf)
February 18, 2021 Opinion or Order Filing 2 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 1/27/21. (eop)
February 17, 2021 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by CSX Transportation, Inc.. (Filing fee $ 402.00 receipt number AGANDC-10733252) (Attachments: #1 Exhibit -A -Complaint and Summons, #2 Exhibit -B -Case Pleadings, #3 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: John Does 1-10
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Defendant: US Services, LLC
Represented By: Shannon V. Barrow
Represented By: Joshua Steven Wood
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Defendant: CSX Transportation, Inc.
Represented By: James E. Gilson
Represented By: Morris Wade Richardson
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Defendant: Clinton Dallas
Represented By: Gary M. Cooper
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Plaintiff: Tyrik Ball
Represented By: James Hugh Potts, II
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