Weatherspoon v. Empie et al
| Blythenia Weatherspoon and Blythenia Nichole Weatherspoon |
| Joshua Kenneth Empie, Schneider National, Inc., Old Republic Insurance Company, John Doe Corporations 1-3 and Schneider National Carriers, Inc. |
| 1:2021cv04558 |
| November 4, 2021 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Motor Vehicle |
| 28 U.S.C. § 1446 Notice of Removal - Motor Vehicle |
| Both |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 64 NOTICE to Take Deposition of John E. Kocke, R.N., M.S.N. filed by Blythenia Nichole Weatherspoon (Saxton, Daniel) |
| Filing 63 NOTICE to Take Deposition of David J. Gower, M.D. filed by Blythenia Nichole Weatherspoon (Saxton, Daniel) |
| Filing 62 Amended NOTICE to Take Deposition of V. K. Puppala, M.D. filed by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc. (Pate, William) |
| Filing 61 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc..(Pate, William) |
| Filing 60 AFFIDAVIT of Private Process Server - Dr. V.K. Puppala by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc.. (Pate, William) |
| Filing 59 AFFIDAVIT of Private Process Server - Comprehensive Spine & Pain by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc.. (Pate, William) |
| Filing 58 Notice for Leave of Absence for the following date(s): May 22, 2023 through June 9, 2023, by John D. Dixon. (Dixon, John) |
| Filing 57 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Schneider National Carriers, Inc..(Pate, William) |
| Filing 56 Notice for Leave of Absence for the following date(s): March 6, 2023 through March 24, 2023, by John D. Dixon. (Dixon, John) |
| Filing 55 Supplemental Initial Disclosures by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pate, William) |
Filing 54
ORDER GRANTING #53 Motion to Reopen Case; GRANTING #53 Motion to Substitute Party. Blythenia Nichole Weatherspoon added. Blythenia Weatherspoon terminated. Signed by Judge William M. Ray, II on 11/7/2022. (tas)
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| Filing 53 MOTION to Reopen Case & Substitute Party by Blythenia Weatherspoon. (Attachments: #1 Exhibit Exhibit A - Temp Letter of Guardianship, #2 Exhibit Exhibit B - Order Appointing Administrator)(Saxton, Daniel) . Added MOTION to Substitute Party on 10/21/2022 (bgt). |
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Filing 52
ORDER TERMINATING #50 Motion to Substitute Party and administratively closing this case. If and when Blythenia Nichole Weatherspoon is appointed as the administrator or representative of the estate of Blythenia Weatherspoon, she can move to reopen the case. Signed by Judge William M. Ray, II on 9/20/2022. (tas)
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| Civil Case Terminated. (tas) |
| Filing 51 RESPONSE in Opposition re #50 First MOTION to Substitute Party Blythenia Weatherspoon filed by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc.. (Pate, William) |
| Filing 50 First MOTION to Substitute Party Blythenia Weatherspoonby Blythenia Weatherspoon. (Attachments: #1 Exhibit Exhibit A)(Saxton, Daniel) |
| Filing 49 Notice for Leave of Absence for the following date(s): October 3, 2022 - October 13, 2022, November 21, 2022 - November 30, 2022, December 26, 2022 - January 10, 2023, by John D. Dixon. (Dixon, John) |
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Filing 48
ORDER GRANTING #46 Motion to Stay. All discovery deadlines are stayed pending substitution of an administrator for the Estate of Blythenia Weatherspoon. Signed by Judge William M. Ray, II on 6/8/2022. (tas)
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| Filing 47 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc..(Pate, William) |
| Submission of #46 Joint MOTION to Stay Discovery, to District Judge William M. Ray II. (tas) |
| Filing 46 Joint MOTION to Stay Discovery with Brief In Support by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Pate, William) |
| Filing 45 SUGGESTION OF DEATH Upon the Record by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc.. (Dixon, John) |
| Filing 44 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc.(Pate, William) Modified on 6/1/2022 to edit filers (rlh). |
| Filing 43 CERTIFICATE OF SERVICE 2nd Set of Discovery to Def SNC by Blythenia Weatherspoon.(Saxton, Daniel) |
| Filing 42 NOTICE of Appearance by Andrew William Hughes on behalf of Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc. (Hughes, Andrew) |
| Filing 41 AFFIDAVIT of Service for Notice to Take Deposition, Notice to Produce and Subpoena for Depo , as to State Farm Mutual Insurance Company. (Pate, William) |
| Filing 40 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc..(Pate, William) |
| Filing 39 AFFIDAVIT of Service for Notice to Take Deposition, Notice to Produce and Subpoena for Depo , as to The Center for Pain Management / Dr. Kamal Kabakibou. (Pate, William) |
| Filing 38 NOTICE to Take Deposition of State Farm Mutual Automobile Insurance Company filed by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc. (Pate, William) |
| Filing 37 NOTICE to Take Deposition of The Center for Pain Management filed by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc. (Pate, William) |
| Filing 36 CERTIFICATE OF SERVICE of Discovery by Schneider National Carriers, Inc..(Pate, William) |
| Filing 35 ANSWER to #29 Amended Complaint by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc..(Pate, William) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 34 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc..(Pate, William) |
| Filing 33 Electronic Summons Issued as to Schneider National Carriers, Inc.. (abm) |
| Filing 32 CERTIFICATE OF SERVICE Discovery to Def SNC by Blythenia Weatherspoon.(Saxton, Daniel) |
| Filing 31 PROPOSED SUMMONS filed by Blythenia Weatherspoon (Saxton, Daniel) |
| Filing 30 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National Carriers, Inc..(Pate, William) |
| Filing 29 FIRST AMENDED COMPLAINT against Joshua Kenneth Empie, John Doe Corporations 1-3, Old Republic Insurance Company, Schneider National Carriers, Inc. filed by Blythenia Weatherspoon.(vs) 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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Filing 28
ORDER granting #27 Motion to Dismiss; granting #27 Motion to Amend. Schneider National Carriers, Inc. is hereby added as a Defendant and Schneider National, Inc. is hereby dismissed without prejudice. Defendants Joshua Kenneth Empie, Scheider National Carriers, Inc., and Old Republic Insurance Company shall file their Answers to the First Amended Complaint within 21 days ofservice of the Summons and First Amended Complaint or within 14 days of the filing of their acknowledgments of service of the Summons and First Amended Complaint. The clerk is directed to file the First Amended Complaint that was attached as Exhibit A to the joint motion and to note that Schneider National Carriers, Inc. is hereby substituted for Schneider National, Inc. The caption is hereby amended to reflect this substitution. Signed by Judge William M. Ray, II on 3/18/2022. (vs)
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| Filing 27 Joint MOTION to Dismiss with Brief In Support by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B)(Pate, William) Modified on 3/17/2022 to edit docket (cavc). Added MOTION to Amend the Complaint on 3/18/2022 (cavc). |
| Filing 26 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc..(Pate, William) |
| Filing 25 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc..(Pate, William) |
| Filing 24 CERTIFICATE OF SERVICE Plt 1st Supp Response to Def Discovery by Blythenia Weatherspoon.(Saxton, Daniel) |
| Filing 23 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc..(Pate, William) |
| Filing 22 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company.(Pate, William) |
| Filing 21 CERTIFICATE OF SERVICE of Discovery by Schneider National, Inc..(Pate, William) |
| Filing 20 Second STIPULATION Extending Time to Respond to Discovery by Joshua Kenneth Empie, Old Republic Insurance Company. (Pate, William) Modified on 2/3/2022 to edit docket text (abm). |
| Filing 19 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc..(Pate, William) |
| Filing 18 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc..(Pate, William) |
| Filing 17 STIPULATION Extending Time to Respond to Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc.. (Pate, William) |
| Filing 16 ACKNOWLEDGMENT OF SERVICE Executed filed by Joshua Kenneth Empie. (Pate, William) |
| Filing 15 NOTICE to Take Deposition of Joshua Kenneth Empie on March 18, 2022 via Zoom filed by Blythenia Weatherspoon (Saxton, Daniel) Modified on 1/7/2022 to edit docket text (abm). |
| Filing 14 NOTICE to Take Deposition of Blythenia Weatherspoon on March 22, 2022 at 10:00 a.m. via Zoom filed by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc. (Pate, William) Modified on 1/6/2022 to edit docket text (abm). |
| Filing 13 CERTIFICATE OF SERVICE Plt Response to Def Discovery by Blythenia Weatherspoon.(Saxton, Daniel) |
| Filing 12 CERTIFICATE OF SERVICE by Blythenia Weatherspoon.(Saxton, Daniel) |
| Filing 11 CERTIFICATE OF SERVICE of Discovery by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc..(Pate, William) |
| Filing 10 CERTIFICATE OF SERVICE of Discovery by Schneider National, Inc..(Pate, William) |
| Filing 9 First Initial Disclosures by Blythenia Weatherspoon.(Saxton, Daniel) |
| Filing 8 Supplemental Initial Disclosures by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc.. (Attachments: #1 Exhibit 1-Declarations Page)(Dixon, John) |
| Filing 7 Certificate of Interested Persons by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc.. (Attachments: #1 Exhibit A-Declarations Page)(Dixon, John) |
| Filing 6 Initial Disclosures by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc..(Dixon, John) |
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Filing 5
SCHEDULING ORDER re #4 Joint Preliminary Report and Discovery Plan. Discovery ends on 8/4/2022. Motions for Summary Judgment due by 9/4/2022. If no motions for summary judgment are filed, the Proposed Pretrial Order is due 9/4/2022. The Clerk is directed to submit this action on 9/5/2022, if the parties have not filed a Motion for Summary Judgment or Proposed Pretrial Order. Signed by Judge William M. Ray, II on 11/22/2021. (bgt)
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| Filing 4 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Joshua Kenneth Empie, Old Republic Insurance Company, Schneider National, Inc.. (Pate, William) |
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Filing 3
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge William M. Ray, II on 11/8/2021. (rjc)
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| Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Joshua Kenneth Empie, Old Republic Insurance Company and Schneider National, Inc.. Discovery ends on 4/4/2022. (Filed 11/3/21 in State Court and included with Notice of Removal) (eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Schneider National, Inc., Joshua Kenneth Empie and Old Republic Insurance Company. (Filing fee $ 402.00 receipt number AGANDC-11372261) (Attachments: #1 Exhibit -A -Summons & Complaint, #2 Exhibit -B -Defendants Answer, #3 Exhibit -C -Secretary of State Record- Schneider, #4 exhibit -D -Secretary of State Record -Old Republic, #5 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. Modified text on 11/5/2021 (eop). |
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