McAlexander v. D.G. Yuengling & Son, Incorporated et al
Plaintiff: Zachary James McAlexander
Defendant: D.G. Yuengling & Son, Incorporated, Red Bull Distribution Company, Inc. and Living Essentials, LLC
Case Number: 1:2021cv03331
Filed: August 16, 2021
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 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2021 Filing 32 RENEWED CROSS MOTION for Default Judgment as to Red Bull Distribution Company, Inc. and D.G. Yuengling & Son, Incorporated by Zachary James McAlexander. (adg)
October 8, 2021 Opinion or Order Filing 31 ORDER denying #6 Motion for Default Judgment. Signed by Judge Leigh Martin May on 10/8/2021. (ah)
October 8, 2021 Clerk's Certificate of Mailing as to Zachary James McAlexander re #31 Order on Motion for Default Judgment. (ah)
October 6, 2021 Filing 30 RESPONSE re #19 MOTION for Leave to File Under Seal , #25 MOTION for Ex Parte Filing filed by Red Bull Distribution Company, Inc. (Thompson, Sara) Modified on 10/7/2021 to edit text. (cmd)
October 6, 2021 Filing 29 Joint MOTION for Joinder in Defendant Living Essentials LLC's Request to Strike Plaintiff's Improper Sur-Replies to Defendant's Motion to Dismiss by Red Bull Distribution Company, Inc. (Thompson, Sara) Modified on 10/7/2021 to edit text. (cmd)
October 5, 2021 Submission of #19 MOTION for Leave to File Under Seal, #10 MOTION to Dismiss to District Judge Leigh Martin May. (cmd)
October 5, 2021 Submission of #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Leigh Martin May. (cmd)
September 30, 2021 Filing 28 RESPONSE re #22 Response to Motion, #23 Reply Brief filed by Living Essentials, LLC. (Trainor, Paul)
September 23, 2021 Filing 27 NOTICE of Appearance by Precious Johnson on behalf of Red Bull Distribution Company, Inc. (Johnson, Precious)
September 23, 2021 Opinion or Order Filing 26 ORDER: To allow the parties an opportunity to respond to Living Essentials's Motion for Ex Parte Filing, the September 24 deadline in the Court's earlier Order #13 is STAYED pending the Court's adjudication of Living Essentials's Motion for Ex Parte Filing #25 . Briefing on the Motion for Ex Parte Filing will proceed pursuant to Local Rule 7.1. Signed by Judge Leigh Martin May on 9/23/2021. (rjc)
September 23, 2021 Clerk's Certificate of Mailing as to Zachary James McAlexander re #26 Order. (rjc)
September 23, 2021 Submission of #6 MOTION for Default Judgment to District Judge Leigh Martin May. (rjc)
September 22, 2021 Filing 25 MOTION for Ex Parte Filing with Brief In Support by Living Essentials, LLC. (Attachments: #1 Text of Proposed Order)(Trainor, Paul)
September 21, 2021 Filing 21 Certificate of Interested Persons by Living Essentials, LLC. (Trainor, Paul)
September 21, 2021 Filing 20 REPLY BRIEF re #10 MOTION to Dismiss filed by Living Essentials, LLC. (Trainor, Paul)
September 20, 2021 Filing 24 Military Service Search Affidavit - Living Essentials, LLC by Zachary James McAlexander. (tcc)
September 20, 2021 Filing 23 REPLY BRIEF re #6 MOTION for Default Judgment filed by Zachary James McAlexander. (tcc)
September 20, 2021 Filing 22 RESPONSE re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FED.R.CIV.P.12(B)(6), #10 MOTION to Dismiss , #3 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Zachary James McAlexander. (Attachments: #1 Envelope)(tcc)
September 17, 2021 Filing 19 MOTION for Leave to File Under Seal with Brief In Support by Living Essentials, LLC. (Trainor, Paul)
September 13, 2021 Filing 18 NOTICE of Appearance by Jasmine Peele on behalf of D.G. Yuengling & Son, Incorporated (Peele, Jasmine)
September 13, 2021 Submission of #3 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Leigh Martin May. (rjc)
September 10, 2021 Filing 17 RESPONSE in Opposition re #10 MOTION to Dismiss filed by Zachary James McAlexander. (rjc)
September 10, 2021 Filing 16 RESPONSE in Opposition re #6 MOTION for Default Judgment filed by D.G. Yuengling & Son, Incorporated. (Shultz, Chad)
September 10, 2021 Filing 15 REPLY in Support re #3 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Red Bull Distribution Company, Inc. (Thompson, Sara) Modified on 9/13/2021 to edit text. (cmd)
September 10, 2021 Filing 14 RESPONSE in Opposition re #6 MOTION for Default Judgment Plaintiff's Cross Motion for Default Judgment filed by Red Bull Distribution Company, Inc.. (Thompson, Sara)
September 8, 2021 Opinion or Order Filing 13 ORDER: Defendants Red Bull and Yuengling are ORDERED to supplement their notice of removal to properly state the parties' citizenships by September 24, 2021. If Defendants Red Bull and Yuengling do not have Defendant Living Essential, LLCs information in their possession, custody, or control, then Defendant Living Essential, LLC is ORDERED to provide Defendants Red Bull and Yuengling with the relevant information if asked. The Clerk is DIRECTED to resubmit the matter to the undersigned on September 27, 2021. Signed by Judge Leigh Martin May on 9/8/2021. (rjc)
September 8, 2021 Clerk's Certificate of Mailing as to Zachary James McAlexander re #13 Order. (rjc)
September 7, 2021 Filing 11 NOTICE by Living Essentials, LLC re #1 Notice of Removal,, Consent to Removal (Trainor, Paul)
September 7, 2021 Filing 10 MOTION to Dismiss with Brief In Support by Living Essentials, LLC. (Attachments: #1 Brief, #2 Exhibit 1 - Plaintiff's Complaint)(Trainor, Paul)
September 3, 2021 Filing 12 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FED.R.CIV.P.12(B)(6) filed by Zachary James McAlexander. (cmd)
September 2, 2021 Filing 9 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to Precious Johnson. Clerk to follow-up by 9/13/2021. (nmb)
September 2, 2021 Filing 8 Certificate of Interested Persons and Corporate Disclosure Statement by Red Bull Distribution Company, Inc. identifying Corporate Parent Red Bull GmbH for Red Bull Distribution Company, Inc.. (Thompson, Sara)
August 27, 2021 Filing 7 RESPONSE in Opposition re #3 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Zachary James McAlexander. (rjc)
August 27, 2021 Filing 6 MOTION for Default Judgment against Defendants by Zachary James McAlexander. (Attachments: #1 Affidavits)(rjc)
August 23, 2021 Filing 5 Corporate Disclosure Statement by D.G. Yuengling & Son, Incorporated.(Stallman, Jeremy)
August 23, 2021 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by D.G. Yuengling & Son, Incorporated. (Stallman, Jeremy)
August 23, 2021 Filing 3 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Red Bull Distribution Company, Inc.. (Attachments: #1 Brief in Support of Red Bull Distribution Co.'s Motion to Dismiss)(Thompson, Sara)
August 18, 2021 Clerk's Certificate of Mailing as to Zachary James McAlexander re #2 Order. (ah)
August 17, 2021 Opinion or Order Filing 2 Standing Order Regarding Civil Litigation. Signed by Judge Leigh Martin May on 8/17/2021. (ah)
August 16, 2021 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Living Essentials, LLC, Red Bull Distribution Company, Inc., D.G. Yuengling & Son, Incorporated (Filing fee $ 402 receipt number AGANDC-11189622) (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Living Essentials LLC - Michigan Registration Information, #3 Exhibit C - Notice to Plaintiff of Removal (Fulton Superior), #4 Civil Cover Sheet)(ayw) 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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Plaintiff: Zachary James McAlexander
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Defendant: D.G. Yuengling & Son, Incorporated
Represented By: Chad Allan Shultz
Represented By: Jeremy David Stallman
Represented By: Jasmine Peele
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Defendant: Red Bull Distribution Company, Inc.
Represented By: Sara K. Thompson
Represented By: Precious Johnson
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Defendant: Living Essentials, LLC
Represented By: Paul Barry Trainor
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