McAlexander v. D.G. Yuengling & Son, Incorporated et al
| Zachary James McAlexander |
| D.G. Yuengling & Son, Incorporated, Red Bull Distribution Company, Inc. and Living Essentials, LLC |
| 1:2021cv03331 |
| August 16, 2021 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| 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) |
Filing 31
ORDER denying #6 Motion for Default Judgment. Signed by Judge Leigh Martin May on 10/8/2021. (ah)
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| Clerk's Certificate of Mailing as to Zachary James McAlexander re #31 Order on Motion for Default Judgment. (ah) |
| 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) |
| 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) |
| Submission of #19 MOTION for Leave to File Under Seal, #10 MOTION to Dismiss to District Judge Leigh Martin May. (cmd) |
| Submission of #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Leigh Martin May. (cmd) |
| Filing 28 RESPONSE re #22 Response to Motion, #23 Reply Brief filed by Living Essentials, LLC. (Trainor, Paul) |
| Filing 27 NOTICE of Appearance by Precious Johnson on behalf of Red Bull Distribution Company, Inc. (Johnson, Precious) |
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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)
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| Clerk's Certificate of Mailing as to Zachary James McAlexander re #26 Order. (rjc) |
| Submission of #6 MOTION for Default Judgment to District Judge Leigh Martin May. (rjc) |
| Filing 25 MOTION for Ex Parte Filing with Brief In Support by Living Essentials, LLC. (Attachments: #1 Text of Proposed Order)(Trainor, Paul) |
| Filing 21 Certificate of Interested Persons by Living Essentials, LLC. (Trainor, Paul) |
| Filing 20 REPLY BRIEF re #10 MOTION to Dismiss filed by Living Essentials, LLC. (Trainor, Paul) |
| Filing 24 Military Service Search Affidavit - Living Essentials, LLC by Zachary James McAlexander. (tcc) |
| Filing 23 REPLY BRIEF re #6 MOTION for Default Judgment filed by Zachary James McAlexander. (tcc) |
| 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) |
| Filing 19 MOTION for Leave to File Under Seal with Brief In Support by Living Essentials, LLC. (Trainor, Paul) |
| Filing 18 NOTICE of Appearance by Jasmine Peele on behalf of D.G. Yuengling & Son, Incorporated (Peele, Jasmine) |
| Submission of #3 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Leigh Martin May. (rjc) |
| Filing 17 RESPONSE in Opposition re #10 MOTION to Dismiss filed by Zachary James McAlexander. (rjc) |
| Filing 16 RESPONSE in Opposition re #6 MOTION for Default Judgment filed by D.G. Yuengling & Son, Incorporated. (Shultz, Chad) |
| 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) |
| 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) |
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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)
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| Clerk's Certificate of Mailing as to Zachary James McAlexander re #13 Order. (rjc) |
| Filing 11 NOTICE by Living Essentials, LLC re #1 Notice of Removal,, Consent to Removal (Trainor, Paul) |
| Filing 10 MOTION to Dismiss with Brief In Support by Living Essentials, LLC. (Attachments: #1 Brief, #2 Exhibit 1 - Plaintiff's Complaint)(Trainor, Paul) |
| 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) |
| 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) |
| 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) |
| Filing 7 RESPONSE in Opposition re #3 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Zachary James McAlexander. (rjc) |
| Filing 6 MOTION for Default Judgment against Defendants by Zachary James McAlexander. (Attachments: #1 Affidavits)(rjc) |
| Filing 5 Corporate Disclosure Statement by D.G. Yuengling & Son, Incorporated.(Stallman, Jeremy) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by D.G. Yuengling & Son, Incorporated. (Stallman, Jeremy) |
| 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) |
| Clerk's Certificate of Mailing as to Zachary James McAlexander re #2 Order. (ah) |
|
Filing 2
Standing Order Regarding Civil Litigation. Signed by Judge Leigh Martin May on 8/17/2021. (ah)
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| 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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