Miller v. SAWA Transportation, Inc. et al
Plaintiff: JEROME MILLER, JR.
Defendant: SAWA TRANSPORATION INC d/b/a SAWA, HEAVEN'S EXPRESS, INC., HAILEMICHAEL K. MIRACH and SAWA Transportation, Inc. d/b/a SAWA
Case Number: 1:2021cv03987
Filed: September 28, 2021
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
Presiding Judge: Michael L Brown
Nature of Suit: Motor Vehicle
Cause of Action: 23 U.S.C. ยง 134
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2021 Opinion or Order ORDER (by docket entry only): The Court GRANTS Plaintiff's #4 Motion to Substitute Verification. Ordered by Judge Michael L. Brown on 11/16/2021. (jpk)
November 8, 2021 Submission of #19 Order to Show Cause,,, to District Judge Michael L. Brown. (tmf)
November 4, 2021 Opinion or Order Filing 29 ORDER granting #26 Application for Admission Pro Hac Vice. It appearing to the Court that the requirements stated in LR 83.1B for admission pro hac vice have been satisfied, the request of Petitioner Andrew S. Kessler to appear pro hac vice in the United States District Court, Northern District of Georgia in the subject case is GRANTED. Signed by Judge Michael L. Brown on 11/4/2021. 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.(tmf)
November 4, 2021 Clerk's Certificate of Mailing as to Andrew S. Kessler re #29 Order on Application for Admission PHV,,. (tmf)
November 2, 2021 APPROVAL by Clerks Office re: #26 APPLICATION for Admission of Andrew S. Kessler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11355155). Attorney Andrew S. Kessler added appearing on behalf of Heaven's Express, Inc., Hailemichael K. Mirach, SAWA Transportation, Inc. (gas)
October 27, 2021 Opinion or Order Filing 28 ORDER granting #23 Application for Admission Pro Hac Vice. It appearing to the Court that the requirements stated in LR 83.1B for admission pro hac vice have been satisfied, the request of Petitioner Gary I. Spivack to appear pro hac vice in the United States District Court, Northern District of Georgia in the subject case is GRANTED. Signed by Judge Michael L. Brown on 10/27/2021. 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.(tmf)
October 27, 2021 Opinion or Order Filing 27 ORDER granting #24 Application for Admission Pro Hac Vice. It appearing to the Court that the requirements stated in LR 83.1B for admission pro hac vice have been satisfied, the request of Petitioner David B. Sherman to appear pro hac vice in the United States District Court, Northern District of Georgia in the subject case is GRANTED. Signed by Judge Michael L. Brown on 10/27/2021. 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.(tmf)
October 27, 2021 Filing 26 APPLICATION for Admission of Andrew S. Kessler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11355155).by Heaven's Express, Inc., Hailemichael K. Mirach, SAWA Transportation, Inc.. (Zelonka, Richard) Documents for this entry are not available for viewing outside the courthouse.
October 27, 2021 Clerk's Certificate of Mailing as to David Sherman and Gary Spivack re #27 Order on Application for Admission PHV,, #28 Order on Application for Admission PHV,,. (tmf)
October 26, 2021 Filing 25 First AMENDED COMPLAINT against Heaven's Express, Inc., Hailemichael K. Mirach, SAWA Transportation, Inc.with Jury Demand filed by Jerome Miller, Jr.(Debranski, Ronald) 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.
October 26, 2021 APPROVAL by Clerks Office re: #24 APPLICATION for Admission of David B. Sherman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11342618).. Attorney David Sherman added appearing on behalf of Jerome Miller, Jr. (nmb)
October 26, 2021 APPROVAL by Clerks Office re: #23 APPLICATION for Admission of Gary I. Spivack Pro Hac Vice (Application fee $ 150, receipt number BGANDC-11342585).. Attorney Gary I. Spivack added appearing on behalf of Jerome Miller, Jr. (nmb)
October 21, 2021 Filing 24 APPLICATION for Admission of David B. Sherman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11342618).by Jerome Miller, Jr. (Debranski, Ronald) Documents for this entry are not available for viewing outside the courthouse.
October 21, 2021 Filing 23 APPLICATION for Admission of Gary I. Spivack Pro Hac Vice (Application fee $ 150, receipt number BGANDC-11342585).by Jerome Miller, Jr. (Debranski, Ronald) Documents for this entry are not available for viewing outside the courthouse.
October 19, 2021 Filing 22 NOTICE of Appearance by Ronald F. Debranski, II on behalf of Jerome Miller, Jr (Debranski, Ronald)
October 18, 2021 Filing 21 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to David Sherman. Clerk to follow-up by 10/28/2021. (nmb)
October 18, 2021 Filing 20 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to Andrew S. Kessler. Clerk to follow-up by 10/28/2021. (nmb)
October 15, 2021 Opinion or Order Filing 19 ORDER TO SHOW CAUSE: The Court thus ORDERS Plaintiff to SHOW CAUSE, on or before November 5, 2021, why this case should not be dismissed for lack of subject matter jurisdiction. To the extent Plaintiff believes diversity jurisdiction is proper, the Court ORDERS Plaintiff to supplement his complaint to properly state all parties' citizenship and show compliance with the requirements of 28 U.S.C. 1332. Failure to do so will result in the Court dismissing this action for lack of subject matter jurisdiction. The Court DIRECTS the Clerk to resubmit this matter to the undersigned after the expiration of the deadline. Signed by Judge Michael L. Brown on 10/15/2021. (tmf)
October 15, 2021 Clerk's Certificate of Mailing as to Andrew S. Kessler, David B. Sherman, Gary I. Spivack, re #19 Order to Show Cause,,. (tmf)
September 30, 2021 Submission of #4 Motion to Substitute Verification, to District Judge Michael L. Brown. (bgt)
September 28, 2021 Filing 18 Case transferred in from District of Pennsylvania Eastern; Case Number 2:21-cv-02308. Original file certified copy of transfer order and docket sheet received.
September 27, 2021 Opinion or Order Filing 17 ORDER granting #11 MOTION TO TRANSFER. SIGNED BY HONORABLE ANITA B. BRODY ON 9/27/21. 9/27/21 ENTERED AND COPIES E-MAILED.(jwl, ) [Transferred from Pennsylvania Eastern on 9/28/2021.]
September 27, 2021 Filing 16 MEMORANDUM RE: #11 MOTION TO TRANSFER. SIGNED BY HONORABLE ANITA B. BRODY ON 9/27/21. 9/27/21 ENTERED AND COPIES MAILED AND E-MAILED.(jwl, ) [Transferred from Pennsylvania Eastern on 9/28/2021.]
September 14, 2021 Filing 15 NOTICE of Hearing: RULE 16 TELEPHONE CONFERENCE RESCHEDULED FOR 10/5/2021 AT 10:30 AM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) [Transferred from Pennsylvania Eastern on 9/28/2021.]
August 24, 2021 Filing 14 NOTICE of Hearing: RULE 16 TELEPHONE CONFERENCE RESCHEDULED FOR 10/8/2021 AT 10:30 AM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) [Transferred from Pennsylvania Eastern on 9/28/2021.]
August 12, 2021 Filing 13 Memorandum in Support re #11 MOTION to Change Venue filed by HEAVEN'S EXPRESS, INC., HAILEMICHAEL K. MIRACH, SAWA TRANSPORATION INC. (KESSLER, ANDREW) [Transferred from Pennsylvania Eastern on 9/28/2021.]
August 11, 2021 Filing 12 RESPONSE in Opposition re #11 MOTION to Change Venue filed by JEROME MILLER, JR. (SHERMAN, DAVID) [Transferred from Pennsylvania Eastern on 9/28/2021.]
August 4, 2021 Filing 11 MOTION to Change Venue filed by HEAVEN'S EXPRESS, INC., HAILEMICHAEL K. MIRACH, SAWA TRANSPORATION INC.Memorandum, Certificate of Service.(KESSLER, ANDREW) [Transferred from Pennsylvania Eastern on 9/28/2021.]
August 2, 2021 Filing 10 NOTICE of Hearing: RULE 16 TELEPHONE CONFERENCE SET FOR 10/14/2021 AT 02:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) [Transferred from Pennsylvania Eastern on 9/28/2021.]
July 21, 2021 Filing 9 NOTICE of Appearance by ANDREW S. KESSLER on behalf of HAILEMICHAEL K. MIRACH with Jury Demand, Certificate of Service(KESSLER, ANDREW) [Transferred from Pennsylvania Eastern on 9/28/2021.]
July 20, 2021 Filing 8 AFFIDAVIT of Service by Gary Spivack re: served Complaint upon Hailmichael Mirach by Certified - Restricted on 07-12-2021 (SHERMAN, DAVID) [Transferred from Pennsylvania Eastern on 9/28/2021.]
July 20, 2021 Filing 7 AFFIDAVIT of Service by Gary Spivack re: served Complaint upon Sawa Transportation by Certified -Restricted on 7-12-2021 (SHERMAN, DAVID) [Transferred from Pennsylvania Eastern on 9/28/2021.]
July 12, 2021 Filing 6 NOTICE of Appearance by ANDREW S. KESSLER on behalf of HEAVEN'S EXPRESS, INC., SAWA TRANSPORATION INC with Jury Demand, Certificate of Service(KESSLER, ANDREW) [Transferred from Pennsylvania Eastern on 9/28/2021.]
July 9, 2021 Filing 5 AFFIDAVIT of Service by Gary Spivack re: served Complaint upon Sawa Transportation by Certified Mail on 6/01/2021 (SHERMAN, DAVID) [Transferred from Pennsylvania Eastern on 9/28/2021.]
July 6, 2021 Filing 4 to substitute Verification by JEROME MILLER, JR. (SHERMAN, DAVID) [Transferred from Pennsylvania Eastern on 9/28/2021.]
June 11, 2021 Filing 3 AFFIDAVIT of Service by Gary I. Spivack re: served Complaint upon Heaven's Express Inc. by Certified - Return Receipt Requested on 06/2/2021 (SHERMAN, DAVID) [Transferred from Pennsylvania Eastern on 9/28/2021.]
June 11, 2021 Filing 2 AFFIDAVIT of Service by Gary Spivack re: served Writ of Summons upon Heaven's Express Inc by Certified-Return Receipt on 06/02/2021 (SHERMAN, DAVID) [Transferred from Pennsylvania Eastern on 9/28/2021.]
May 21, 2021 Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. plaintiff's counsel is directed to file civil cover in this case using the Exhibit docket event. (lvj, ) [Transferred from Pennsylvania Eastern on 9/28/2021.]
May 21, 2021 Summons Issued as to HEAVEN'S EXPRESS, INC., HAILEMICHAEL K. MIRACH, SAWA TRANSPORATION INC. Forwarded To: David Sherman on 5/21/21 (fdc, ) [Transferred from Pennsylvania Eastern on 9/28/2021.]
May 20, 2021 Filing 1 COMPLAINT against JEROME JR MILLER ( Filing fee $ 402 receipt number 0313-15136217.), filed by JEROME JR MILLER. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(SHERMAN, DAVID) [Transferred from Pennsylvania Eastern on 9/28/2021.]

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Plaintiff: JEROME MILLER, JR.
Represented By: David Sherman
Represented By: Gary I. Spivack
Represented By: Ronald F. Debranski, II
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Defendant: SAWA TRANSPORATION INC d/b/a SAWA
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Defendant: HEAVEN'S EXPRESS, INC.
Represented By: Andrew S. Kessler
Represented By: Richard Edward Zelonka, Jr.
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Defendant: HAILEMICHAEL K. MIRACH
Represented By: Andrew S. Kessler
Represented By: Richard Edward Zelonka, Jr.
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Defendant: SAWA Transportation, Inc. d/b/a SAWA
Represented By: Andrew S. Kessler
Represented By: Richard Edward Zelonka, Jr.
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