Lambert v. FedEx Ground Package System, Inc.
| Joshua Barnes and April Lambert |
| FedEx Ground Package System, Inc. doing business as FedEx Ground |
| Progressive Premier Insurance Company of Illinois |
| FedEx Ground Package System, Inc. |
| Tidal Coast, Inc., Federal Express Corporation and Jim Leonhardt |
| 1:2022cv00740 |
| February 22, 2022 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle |
| Defendant |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
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Filing 132
NOTICE by April Lambert Notice of Service (Lowry, Seth)
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Filing 131
NOTICE to Take Deposition of Dr. Louis Peak filed by April Lambert (Lowry, Seth)
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Filing 130
NOTICE to Take Deposition of Dr. Ali Amin filed by April Lambert (Lowry, Seth)
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Filing 129
NOTICE to Take Deposition of Paul Montalbano filed by April Lambert (Lowry, Seth)
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NOTICE of Hearing on Motion re: #97 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena, #100 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena to Tidal Coast, Inc. by Joinder with Doc. 97, #102 First MOTION to Compel Defendant to Designate a Corporate Representative for Rule 30(b)(6) Deposition , or alternatively, for Leave to Take Second Rule 30(b)(6) Deposition of Defendant, #98 MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation, #101 MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation by Joinder with Doc. 98, #93 First MOTION to Compel Tidal Coast, Inc's Response to Plaintiff's Subpoena , #92 First MOTION to Compel Defendant's Responses to Plaintiff's Second Request for Production of Documents , #94 MOTION for Protective Order Regarding Unilaterally Set Second Notice of Rule 30(b)(6) Deposition [Doc. 85] and Amended Notice of Same [Doc. 88], #103 First MOTION to Compel Federal Express to Respond to Plaintiff's Subpoena Duces Tecum , #99 MOTION to Quash Subpoena for Deposition of Jim Leonhardt. Motion Hearing set for 12/12/2023 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. (jeh)
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Filing 128
Expert Report of Paul Montalbano, Dr. Louis Peak, and Dr. Ali Amin by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit A: Paul Montalbano Report, #2 Exhibit B: Dr. Louis Peak Report, #3 Exhibit C: Dr. Ali Amin Report)(Sassani, Ida)
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Filing 127
CERTIFICATE OF SERVICE of Offer of Settlement Under O.C.G.A. 9-11-68 by FedEx Ground Package System, Inc..(Demasi, Melody)
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Filing 126
NOTICE by FedEx Ground Package System, Inc. of Its Intent to Serve Subpoena to Thomas I. Ross, MD (Demasi, Melody)
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Filing 125
NOTICE by FedEx Ground Package System, Inc. of Its Intent to Serve Subpoena to Audrey S. Cowart (Demasi, Melody)
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Submission of #97 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena, #100 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena to Tidal Coast, Inc. by Joinder with Doc. 97, #102 First MOTION to Compel Defendant to Designate a Corporate Representative for Rule 30(b)(6) Deposition , or alternatively, for Leave to Take Second Rule 30(b)(6) Deposition of Defendant, #98 MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation, #101 MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation by Joinder with Doc. 98, #93 First MOTION to Compel Tidal Coast, Inc's Response to Plaintiff's Subpoena , #92 First MOTION to Compel Defendant's Responses to Plaintiff's Second Request for Production of Documents , #94 MOTION for Protective Order Regarding Unilaterally Set Second Notice of Rule 30(b)(6) Deposition [Doc. 85] and Amended Notice of Same [Doc. 88], #103 First MOTION to Compel Federal Express to Respond to Plaintiff's Subpoena Duces Tecum , #99 MOTION to Quash Subpoena for Deposition of Jim Leonhardt, to District Judge Thomas W. Thrash Jr.. (jeh)
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Filing 124
Expert Report of Audrey S. Cowart by April Lambert. (Attachments: #1 Exhibit Plaintiff's Life Care Plan Prepared by Audrey S. Cowart)(Lowry, Seth)
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Receipt of Manual Filing: 1 USB received in Atlanta Division regarding #69 Notice of Filing Exhibits 3 and 4 to Defendant's Statement of Material Facts #67 . USB scanned by the IT Department and placed in the secured receptacle for filing by the Records Department. (lwb)
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Filing 123
REPLY to Response to Motion re #103 First MOTION to Compel Federal Express to Respond to Plaintiff's Subpoena Duces Tecum filed by April Lambert. (Lowry, Seth)
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Filing 122
REPLY to Response to Motion re #102 First MOTION to Compel Defendant to Designate a Corporate Representative for Rule 30(b)(6) Deposition , or alternatively, for Leave to Take Second Rule 30(b)(6) Deposition of Defendant FedEx Ground Package System, Inc. filed by April Lambert. (Lowry, Seth)
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Filing 121
REPLY to Response to Motion re #99 MOTION to Quash Subpoena for Deposition of Jim Leonhardt filed by FedEx Ground Package System, Inc., Jim Leonhardt. (Demasi, Melody)
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Filing 120
REPLY to Response to Motion re #97 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena filed by Tidal Coast, Inc.. (Sassani, Ida)
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Filing 119
REPLY to Response to Motion re #98 MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation filed by Federal Express Corporation. (Demasi, Melody)
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Filing 118
CERTIFICATE OF SERVICE Pursuant to Rule 5.4 by FedEx Ground Package System, Inc..(Demasi, Melody)
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Filing 117
REPLY to Response to Motion re #93 First MOTION to Compel Tidal Coast, Inc's Response to Plaintiff's Subpoena Duces Tecum filed by April Lambert. (Attachments: #1 Exhibit Excerpt of Stormy Taylor Deposition)(Lowry, Seth)
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Filing 116
REPLY to Response to Motion re #92 First MOTION to Compel Defendant's Responses to Plaintiff's Second Request for Production of Documents filed by April Lambert. (Lowry, Seth)
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Filing 115
REPLY BRIEF re #94 MOTION for Protective Order Regarding Unilaterally Set Second Notice of Rule 30(b)(6) Deposition [Doc. 85] and Amended Notice of Same [Doc. 88] filed by FedEx Ground Package System, Inc.. (Sassani, Ida)
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Filing 114
ORDER granting #111 Motion for Leave to File Matters Under Seal. Signed by Judge Thomas W. Thrash, Jr. on 09/06/2023. (jkb)
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Filing 113
RESPONSE in Opposition re #103 First MOTION to Compel Federal Express to Respond to Plaintiff's Subpoena Duces Tecum filed by Federal Express Corporation. (Demasi, Melody)
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Filing 112
RESPONSE in Opposition re #102 First MOTION to Compel Defendant to Designate a Corporate Representative for Rule 30(b)(6) Deposition , or alternatively, for Leave to Take Second Rule 30(b)(6) Deposition of Defendant filed by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit A: Amended Notice to Take 30(b)(6) Deposition, #2 Exhibit B: Declaration of Ida Sassani, #3 Exhibit C: Notice to Take Second 30(b)(6) Deposition, #4 Exhibit D: Email from Seth Lowry 08.09.2023, #5 Exhibit E: Email from Ida Sassani 08.10.2023, #6 Exhibit F: Email from Drew Ashby 08.10.2023, #7 Exhibit G: Email from Seth Lowry 08.10.2023, #8 Exhibit H: Amended Notice to Take Second 30(b)(6) Deposition, #9 Exhibit I: Email from Seth Lowry 08.17.2023, #10 Exhibit J: Email from Drew Ashby 08.17.2023, #11 Exhibit K: Email from Ida Sassani 08.17.2023, #12 Exhibit L: FedEx Ground's Objection to Notice to Take Second Deposition)(Sassani, Ida)
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Filing 111
First MOTION for Leave to File Matters Under Seal re: #110 Response in Opposition to Motion, with Brief In Support by April Lambert. (Attachments: #1 Text of Proposed Order Proposed Order Denying Plaintiff's Motion to Seal, #2 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Seal)(Lowry, Seth)
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Filing 110
SEALED per #114 RESPONSE in Opposition re #100 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena to Tidal Coast, Inc. by Joinder with Doc. 97, #97 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena Plaintiff's Ex. 2 to Response Brief filed by April Lambert. (Lowry, Seth) Modified on 9/6/2023 (jkb).
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Filing 109
RESPONSE in Opposition re #100 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena to Tidal Coast, Inc. by Joinder with Doc. 97, #97 MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena filed by April Lambert. (Attachments: #1 Exhibit Email Between Plaintiff & Defendant or Tidal re: Document Production, #2 Exhibit Cover Sheet for DRO Materials Filed Separately Under Seal)(Lowry, Seth)
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Filing 108
RESPONSE in Opposition re #99 MOTION to Quash Subpoena for Deposition of Jim Leonhardt filed by April Lambert. (Attachments: #1 Exhibit Emails between Plaintiff & Defendant-Tidal re: Deposition Scheduling)(Lowry, Seth)
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Filing 107
RESPONSE in Opposition re #98 MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation, #101 MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation by Joinder with Doc. 98 filed by April Lambert. (Lowry, Seth)
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Filing 106
RESPONSE in Opposition re #93 First MOTION to Compel Tidal Coast, Inc's Response to Plaintiff's Subpoena filed by Tidal Coast, Inc.. (Attachments: #1 Exhibit A: Email from Seth Lowry on April 14, 2023, #2 Exhibit B: Email from Brent Cole with Tidal Production, #3 Exhibit C: Tidal's Response to Second Document Subpoena, #4 Exhibit D: Declaration of Ida Sassani, #5 Exhibit D-1: Emails between Ida Sassani and Seth Lowry, #6 Exhibit D-2: Emails between Ida Sassani and Seth Lowry)(Demasi, Melody)
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Filing 105
RESPONSE in Opposition re #92 First MOTION to Compel Defendant's Responses to Plaintiff's Second Request for Production of Documents filed by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit A: Plaintiff's Second Requests for Production to Defendant, #2 Exhibit B: Declaration of Ida Sassani, #3 Exhibit B-1: Emails Between Ida Sassani and Seth Lowry, #4 Exhibit B-2: Emails Between Ida Sassani and Seth Lowry, #5 Exhibit C: Defendant's Responses to Plaintiff's Second Requests for Production)(Sassani, Ida)
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Filing 104
RESPONSE in Opposition re #94 MOTION for Protective Order Regarding Unilaterally Set Second Notice of Rule 30(b)(6) Deposition [Doc. 85] and Amended Notice of Same [Doc. 88] filed by April Lambert. (Lowry, Seth)
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Filing 103
First MOTION to Compel Federal Express to Respond to Plaintiff's Subpoena Duces Tecum with Brief In Support by April Lambert. (Attachments: #1 Brief Plaintiff's Memo in Support of Motion to Compel Federal Express to Respond to Subpoena Duces Tecum, #2 Exhibit 7-19-2023 Email Exchanges Between Plaintiff and Defendant, #3 Exhibit 8-18-2023 Email Exchanges Between Plaintiff and Defendant, #4 Exhibit 8-16-2023 Email Exchange Between Plaintiff and Federal Express, #5 Exhibit Federal Express Safety Manual Excerpts)(Lowry, Seth)
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Filing 102
First MOTION to Compel Defendant to Designate a Corporate Representative for Rule 30(b)(6) Deposition , or alternatively, for Leave to Take Second Rule 30(b)(6) Deposition of Defendant with Brief In Support by April Lambert. (Attachments: #1 Brief Plaintiff's Memo in Support of Motion to Compel, or alternatively, for Leave to Take Second Rule 30(b)(6) Deposition of Defendant, #2 Exhibit Plaintiff's 2nd Amended Rule 30(b)(6) Deposition Notice, #3 Exhibit Plaintiff's Amended Rule 30(b)(6) Deposition Notice, #4 Exhibit Excerpts from Deposition of Defendant's Rule 30(b)(6) Designee Michael Sear, #5 Exhibit Stormy Taylor Deposition Excerpts)(Lowry, Seth)
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Filing 101
MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation by Joinder with Doc. 98 with Brief In Support by FedEx Ground Package System, Inc.. (Sassani, Ida)
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Filing 100
MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena to Tidal Coast, Inc. by Joinder with Doc. 97 with Brief In Support by FedEx Ground Package System, Inc.. (Sassani, Ida)
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Filing 99
MOTION to Quash Subpoena for Deposition of Jim Leonhardt with Brief In Support by FedEx Ground Package System, Inc., Jim Leonhardt. (Attachments: #1 Brief, #2 Exhibit 1: Excerpts from William Kay Deposition, #3 Exhibit 2: Excerpts from Keith Kelly Deposition, #4 Exhibit 3: Email from Seth Lowry 08.09.2023, #5 Exhibit 4: Notice of Deposition and Subpoena to Jim Leonhardt, #6 Exhibit 5: Email from Seth Lowry 08.16.2023, #7 Exhibit 6: Email from Seth Lowry 08.18.2023, #8 Exhibit 7: FedEx Tracking, #9 Exhibit 8: Email from Seth Lowry 08.09.2023, #10 Exhibit 9: Email from Seth Lowry 08.10.2023, #11 Exhibit 10: Emails between Seth Lowry and Ida Sassani)(Demasi, Melody)
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Filing 98
MOTION to Quash Subpoena to Produce Documents to Federal Express Corporation with Brief In Support by Federal Express Corporation. (Attachments: #1 Brief, #2 Exhibit 1: Notice of Intent to Issue Subpoena to Federal Express Corporation, #3 Exhibit 2: Email from Seth Lowry to Federal Express Corporation 08.16.2023, #4 Exhibit 3: Excerpts from Hearing 06.22.2023, #5 Exhibit 4: Federal Express Corporation Secretary of State Registration, #6 Exhibit 5: FedEx Ground Package System, Inc. Secretary of State Registration, #7 Exhibit 6: Email from Seth Lowry 07.12.2023, #8 Exhibit 7: Email from Ida Sassani 08.10.2023)(Demasi, Melody)
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Filing 97
MOTION to Quash Unilaterally Set Notice of Rule 30(b)(6) Deposition Duces Tecum Pursuant to Subpoena with Brief In Support by Tidal Coast, Inc.. (Attachments: #1 Brief, #2 Exhibit 1: Notice and Subpoena to Tidal Coast, Inc., #3 Exhibit 2: Email from Seth Lowry 08.09.2023, #4 Exhibit 3: Email from Ida Sassani 08.10.2023, #5 Exhibit 4: Email from Drew Ashby 08.10.2023, #6 Exhibit 5: Email from Seth Lowry 08.10.2023, #7 Exhibit 6: Tidal's Objection to Notice and Subpoena)(Sassani, Ida)
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Filing 96
CERTIFICATE OF SERVICE Pursuant to Rule 5.4 by Tidal Coast, Inc..(Sassani, Ida)
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Filing 95
RESPONSE re #84 Certificate of Service [Objection to Plaintiff's Subpoena to Produce Documents and Information] filed by Federal Express Corporation. (Demasi, Melody)
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Filing 94
MOTION for Protective Order Regarding Unilaterally Set Second Notice of Rule 30(b)(6) Deposition [Doc. 85] and Amended Notice of Same [Doc. 88] with Brief In Support by FedEx Ground Package System, Inc.. (Attachments: #1 Brief, #2 Exhibit 1: Notice to Take Second 30(b)(6) Deposition, #3 Exhibit 2: Seth Lowry Email 08.09.2023, #4 Exhibit 3: Ida Sassani Email 08.10.2023, #5 Exhibit 4: Drew Ashby Email 08.10.2023, #6 Exhibit 5: Seth Lowry Email 08.10.2023, #7 Exhibit 6: Amended Notice to Take Second 30(b)(6) Deposition, #8 Exhibit 7: Seth Lowry Email 08.17.2023, #9 Exhibit 8: Drew Ashby Email 08.17.2023, #10 Exhibit 9: Ida Sassani Email 08.17.2023, #11 Exhibit 10: Third Requests for Production to Defendant, #12 Exhibit 11: FedEx Ground's Objection to Notice to Take Second Deposition)(Sassani, Ida)
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Filing 93
First MOTION to Compel Tidal Coast, Inc's Response to Plaintiff's Subpoena with Brief In Support by April Lambert. (Attachments: #1 Brief Plaintiff's Memo in Support of Motion to Compel Tidal Subpoena Response)(Lowry, Seth)
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Filing 92
First MOTION to Compel Defendant's Responses to Plaintiff's Second Request for Production of Documents with Brief In Support by April Lambert. (Attachments: #1 Brief Plaintiff's Memo in Support of Motion to Compel Responses to Plaintiff's 2nd Requests for Production)(Lowry, Seth)
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Filing 91
RESPONSE re #88 Notice to Take Deposition and Objections filed by FedEx Ground Package System, Inc.. (Sassani, Ida)
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Filing 90
CERTIFICATE OF SERVICE for Plaintiff's Offer to Settle Under O.C.G.A. 9-11-68 and O.C.G.A. 51-12-14 by April Lambert.(Ashby, Andrew)
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Filing 89
CERTIFICATE OF SERVICE re #88 Notice to Take Deposition of FedEx Ground Package System, Inc. by April Lambert.(Lowry, Seth)
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Filing 88
Second NOTICE to Take Deposition of FedEx Ground Package System, Inc. filed by April Lambert (Lowry, Seth)
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Filing 87
CERTIFICATE OF SERVICE of NOD and Subpoena Jim Leonhardt by April Lambert.(Lowry, Seth)
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Filing 86
CERTIFICATE OF SERVICE re #85 Notice to Take Deposition and Subpoena to Testify, Produce, and Inspect by April Lambert.(Lowry, Seth)
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Filing 85
Second NOTICE to Take Deposition of FedEx Ground Package System, Inc. filed by April Lambert (Lowry, Seth)
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Filing 84
CERTIFICATE OF SERVICE by April Lambert.(Lowry, Seth)
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Filing 83
CERTIFICATE OF SERVICE Pursuant to Rule 5.4 by Tidal Coast, Inc..(Sassani, Ida)
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Filing 82
CERTIFICATE OF SERVICE Pursuant to Rule 5.4 by FedEx Ground Package System, Inc..(Sassani, Ida)
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Filing 81
CERTIFICATE OF SERVICE Pursuant to Rule 5.4 by FedEx Ground Package System, Inc..(Sassani, Ida)
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Filing 80
ORDER granting #51 Motion to Compel and granting in part and denying in part #56 Motion to Compel #51 First MOTION to Compel and to Extend Time to Complete Fact Discovery. The Court denies Plaintiffs Motion to Compel Defendant to Respond to Plaintiffs First Request for Production of Documents due to the failure to engage in a meaningful meet and confer process before Plaintiff filed her motion. The Court grants Plaintiffs Motion For An Extension of Time to Complete Fact Discovery and hereby grants an additional sixty (60) days from June 22, 2023 to complete fact discovery. The nDiscovery ends on 8/21/2023. Motions due by 1/18/2024. See order for additional deadlines. Signed by Judge Thomas W. Thrash, Jr. on 7/21/2023. (dmb)
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Filing 79
PROPOSED CONSENT ORDER on the June 22, 2023 Motions Hearing. (Lowry, Seth)
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Filing 78
TRANSCRIPT of a motion hearing held on 6/22/2023, before Judge Thomas W. Thrash, Jr. Court Reporter/Transcriber Diane Peede, Diane_Peede@GAND.uscourts.gov. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/26/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/3/2023. (Attachments: #1 Appendix) (dcp)
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Filing 77
ORDER GRANTING #76 Consent MOTION for Extension of Time Respond to Defendant's Summary Judgment Motion and Plaintiff's Time-Limited Offer of Settlement. Plaintiff's response to Defendant's Motion for Summary Judgment shall be due 14 days after the close of expert discovery. Defendant's response to Plaintiff's Time-Limited Offer to Settle shall be due within 30 days after Plaintiff serves Defendant with her response to Defendant's Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr. on 7/3/2023. (nmb)
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Filing 76
Consent MOTION for Extension of Time Respond to Defendant's Summary Judgment Motion and Plaintiff's Time-Limited Offer of Settlement re: #63 Notice (Other), #67 MOTION for Summary Judgment by April Lambert. (Attachments: #1 Text of Proposed Order Ex. A - Proposed Order on Consent Motion Extending Deadlines)(Lowry, Seth)
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Filing 75
CERTIFICATE OF SERVICE of Plaintiff's Notice of Intent to Serve Subpoena Duces Tecum upon Tidal Coast, Inc. and Service of Same by April Lambert.(Lowry, Seth)
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Filing 74
CERTIFICATE OF SERVICE of Plaintiff's 2nd Request for Production of Documents by April Lambert.(Lowry, Seth)
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Filing 73
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Motion Hearing held on 6/22/2023 re #51 First MOTION to Compel Tidal Coast, Inc. Response and Production to Subpoena Duces Tecum; #56 First MOTION to Compel Defendant's Responses to Plaintiff's First Request for Production Discovery in this matter is extended for 60 days. The Court directed counsel for the Plaintiff to submit a proposed order outlining the Court's findings. A written order will follow. (Court Reporter Diane Peede)(jkb)
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NOTICE of Hearing on Motion re: #56 First MOTION to Compel Defendant's Responses to Plaintiff's First Request for Production First MOTION for Extension of Time to Complete Discovery and #51 First MOTION to Compel Tidal Coast, Inc. Response and Production to Subpoena Duces Tecum Motion Hearing set for 6/22/2023 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. (jeh)
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Filing 72
ORDER granting #70 Motion for Leave to File Matters Under Seal. Signed by Judge Thomas W. Thrash, Jr. on 06/14/2023. (jkb)
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Filing 71
Remark flash drive received re #69 Notice of Filing. (Attachments: #1 Letter) (jkb)
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Filing 70
MOTION for Leave to File Matters Under Seal re: #69 Notice of Filing, #68 Notice of Filing, (Exhibits 3, 4, and 11 to Statement of Material Facts) with Brief In Support by FedEx Ground Package System, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Sassani, Ida)
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Filing 69
SEALED NOTICE Of Filing Electronic Media Under Seal (Exhibits 3 and 4 to Statement of Material Facts) by FedEx Ground Package System, Inc. re #67 MOTION for Summary Judgment (Sassani, Ida) Modified on 6/14/2023 (jkb).
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Filing 68
SEALED NOTICE Of Filing Exhibit 11 to Statement of Material Facts Under Seal by FedEx Ground Package System, Inc. re #67 MOTION for Summary Judgment (Attachments: #1 Exhibit 11 - ISP Agreement)(Sassani, Ida) Modified on 6/14/2023 (jkb).
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Filing 67
MOTION for Summary Judgment with Brief In Support by FedEx Ground Package System, Inc.. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Exhibit 1 - Complaint and Amended Complaint, #4 Exhibit 2 - FXG's Answer to Amended Complaint, #5 Exhibit 3 - Dash Camera Footage, #6 Exhibit 4 - Dash Camera Footage, #7 Exhibit 5 - Excerpts from Stormy Taylor Deposition, #8 Exhibit 6 - Excerpts from Joshua Barnes Deposition, #9 Exhibit 7 - Excerpts from April Lambert Deposition, #10 Exhibit 8 - Excerpts from William Kay Deposition, #11 Exhibit 9 - Excerpts from Keith Kelly Deposition, #12 Exhibit 10 - Excerpts from FedEx 30(b)(6) Deposition, #13 Exhibit 11 - ISP Agreement, #14 Exhibit 12 - FirstAdvantage File, #15 Exhibit 13 - Photo of FedEx Van, #16 Exhibit 14 - Motor Vehicle Crash Report, #17 Exhibit 15 - Aerial Photo, #18 Exhibit 16 - Training Records, #19 Exhibit 17 - Progressive Summons, #20 Exhibit 18 - Progressive Summons Issued, #21 Exhibit 19 - Progressive Cross-Claim, #22 Exhibit 20 - FedEx's Answer to Cross-Claim, #23 Exhibit 21 - Motion to Dismiss Progressive, #24 Exhibit 22 - Response to Motion to Dismiss Progressive, #25 Exhibit 23 - Order Dismissing Progressive)(Sassani, Ida) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
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Filing 66
NOTICE Of Filing Discovery by FedEx Ground Package System, Inc. (Attachments: #1 Transcript of April Lambert Deposition, #2 Transcript of Joshua Barnes Deposition, #3 Transcript of Keith Kelly Deposition, #4 Transcript of William Gregory Kay Deposition, #5 Transcript of Stormy Taylor Deposition, #6 Transcript of FedEx Ground 30(b)(6) Deposition)(Sassani, Ida)
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Filing 65
REPLY BRIEF re #51 First MOTION to Compel Tidal Coast, Inc. Response and Production to Subpoena Duces Tecum filed by April Lambert. (Attachments: #1 Exhibit Stormy Taylor Deposition Excerpts, #2 Exhibit Keith Kelly Deposition Excerpts, #3 Exhibit FedEx 30(b)(6) Deposition Excerpts)(Lowry, Seth)
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Submission of #51 First MOTION to Compel Tidal Coast, Inc. Response and Production to Subpoena Duces Tecum , to District Judge Thomas W. Thrash Jr. (jkb)
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Filing 64
Expert Report of Audrey S. Cowart by April Lambert. (Attachments: #1 Exhibit Preliminary Life Care Plan)(Lowry, Seth)
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Filing 63
NOTICE by April Lambert of Offer of Settlement under O.C.G.A. 9-11-68 that has been served on Defendent FedEx Ground Package System, Inc. (Ashby, Andrew)
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Submission of #56 First MOTION to Compel Defendant's Responses to Plaintiff's First Request for Production First MOTION for Extension of Time to Complete Discovery , to District Judge Thomas W. Thrash Jr. (jkb)
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Filing 62
REPLY to Response to Motion re #56 First MOTION to Compel Defendant's Responses to Plaintiff's First Request for Production First MOTION for Extension of Time to Complete Discovery filed by April Lambert. (Lowry, Seth)
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Filing 61
RESPONSE in Opposition re #51 First MOTION to Compel Tidal Coast, Inc. Response and Production to Subpoena Duces Tecum filed by Tidal Coast, Inc.. (Attachments: #1 Exhibit A-Kay Depo Excerpts, #2 Exhibit B-Kelley Depo Excerpts)(Sassani, Ida)
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Filing 60
RESPONSE in Opposition re #56 First MOTION to Compel Defendant's Responses to Plaintiff's First Request for Production First MOTION for Extension of Time to Complete Discovery filed by FedEx Ground Package System, Inc.. (Sassani, Ida)
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Filing 59
ORDER AMENDING SCHEDULING ORDER AND EXTENDING DEADLINES granting #57 Joint MOTION for Extension of Time Deadline to Respond to Motion to Compel Tidal Coast, Inc. Non-Party Tidal Coast, Inc.'s deadline to respond to Plaintiff's Motion to Compel Tidal Coast, Inc. To Produce Pursuant Subpoena Duces Tecum #51 to 05/23/2023. Signed by Judge Thomas W. Thrash, Jr. on 05/03/2023. (jkb) Modified on 5/3/2023 to edit text(jkb).
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Filing 58
NOTICE to Take Deposition of Objection to Plaintiff's Notice of 30b6 Deposition Duces Tecum filed by FedEx Ground Package System, Inc. (Sassani, Ida)
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Filing 57
Joint MOTION for Extension of Time Deadline to Respond to Motion to Compel Tidal Coast, Inc. re: #51 First MOTION to Compel Tidal Coast, Inc. Response and Production to Subpoena Duces Tecum by Tidal Coast, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Sassani, Ida)
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Filing 56
First MOTION to Compel Defendant's Responses to Plaintiff's First Request for Production , First MOTION for Extension of Time to Complete Discovery with Brief In Support by April Lambert. (Attachments: #1 Brief Plaintiff's Memo in Support of Motion to Compel and to Extend Time to Complete Fact Discovery)(Lowry, Seth)
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Filing 55
CERTIFICATE OF SERVICE by April Lambert.(Lowry, Seth)
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Filing 54
CERTIFICATE OF SERVICE by FedEx Ground Package System, Inc..(Sassani, Ida)
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Filing 53
Amended NOTICE to Take Deposition of Defendant per Fed.R.Civ.P. 30(b)(6) filed by April Lambert (Lowry, Seth)
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Filing 52
CERTIFICATE OF SERVICE by April Lambert.(Lowry, Seth)
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Filing 51
First MOTION to Compel Tidal Coast, Inc. Response and Production to Subpoena Duces Tecum with Brief In Support by April Lambert. (Attachments: #1 Brief Plaintiff Memo in Support of Motion to Compel)(Lowry, Seth)
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Filing 50
CERTIFICATE OF SERVICE Rule 5.4 by FedEx Ground Package System, Inc..(Sassani, Ida)
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Filing 49
NOTICE to Take Deposition of Defendant per Fed.R.Civ.P. 30(b)(6) filed by April Lambert (Lowry, Seth)
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Filing 48
CERTIFICATE OF SERVICE of Discovery Materials by April Lambert.(Lowry, Seth)
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Filing 47
STIPULATED CONSENT CLAWBACK. Signed by Judge Thomas W. Thrash, Jr. on 3/23/2023. (jeh)
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Filing 46
STIPULATED PROTECTIVE ORDER. Signed by Judge Thomas W. Thrash, Jr. on 3/23/2023. (jeh)
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Filing 45
PROPOSED CONSENT ORDER Stipulated Consent Clawback. (Cole, Brenton)
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Filing 44
PROPOSED ORDER Stipulated Protective Order. (Cole, Brenton)
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Filing 43
Certification of Consent to Substitution of Counsel. Ida Sassani replacing attorney Janelle E. Alleyne. (Sassani, Ida)
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Clerks Notation re #42 Leave of Absence by Janelle E. Alleyne. Judge Thrash will not require an appearance by Janelle E. Alleyne on these dates. (jeh)
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Filing 42
Notice for Leave of Absence for the following date(s): May 18, 19, 20, 21, 22, 23, 24, 25, 26, July 3, 4, 5, 6, 7, 8, 9, 10, 11, and August 17, 18, 19, 20, 21, 22, 23, 2023, by Janelle E. Alleyne. (Alleyne, Janelle)
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Filing 41
NOTICE of Appearance by Janelle E. Alleyne on behalf of FedEx Ground Package System, Inc. (Alleyne, Janelle)
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Filing 40
CERTIFICATE OF SERVICE by Tidal Coast, Inc..(Cole, Brenton)
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Filing 39
CERTIFICATE OF SERVICE by Tidal Coast, Inc..(Demasi, Melody)
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Filing 38
CERTIFICATE OF SERVICE by FedEx Ground Package System, Inc..(Demasi, Melody)
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Filing 37
CERTIFICATE OF SERVICE of Discoverable Materials by April Lambert.(Lowry, Seth)
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Filing 36
ORDER granting the parties' #35 Joint Motion to Amend Scheduling Order and Extend Deadlines. Fact discovery shall end on May 5, 2023. Plaintiff shall disclose her experts by June 5, 2023. The depositions of Plaintiff's experts shall be completed by July 7, 2023. Defendant shall disclose its experts by July 21, 2023. The depositions of Defendant's experts shall be completed by August 21, 2023. Dispositive motions and Daubert motions shall be filed on or before October 2, 2023. A consolidated pre-trial order shall be filed 30 days after the Court rules on the final dispositive and Daubert motions. Signed by Judge Thomas W. Thrash, Jr. on 12/14/2022. (bgt)
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Filing 35
Joint MOTION to Amend Scheduling Order and MOTION to Extend Deadlines by FedEx Ground Package System, Inc. (Attachments: #1 Text of Proposed Order Proposed Order)(Demasi, Melody) Modified to edit text on 12/13/2022 (aaq).
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Filing 34
CERTIFICATE OF SERVICE by FedEx Ground Package System, Inc..(Cole, Brenton)
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Filing 33
CERTIFICATE OF SERVICE by FedEx Ground Package System, Inc..(Demasi, Melody)
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Filing 32
CERTIFICATE OF SERVICE Pursuant to Rule 5.4 by FedEx Ground Package System, Inc..(Demasi, Melody)
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Filing 31
SCHEDULING ORDER: re: #30 Joint Preliminary Report and Discovery Plan: Amended Pleadings due by 10/28/2022. Discovery ends on 12/12/2022. Motions due by 1/12/2023. Proposed Pretrial Order due by 1/12/2023. Signed by Judge Thomas W. Thrash, Jr. on 9/29/2022. (jra)
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Filing 30
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by April Lambert and FedEx Ground Package System, Inc.. (Cole, Brenton) Modified on 9/29/2022 (jra).
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Filing 29
CERTIFICATE OF SERVICE by FedEx Ground Package System, Inc..(Demasi, Melody)
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Filing 28
CERTIFICATE OF SERVICE by April Lambert.(Ashby, Andrew) Modified on 8/12/2022 to edit text(jra).
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Clerk's Entry of Dismissal APPROVING #27 Stipulation of Dismissal, pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (jra)
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Filing 27
STIPULATION of Dismissal Without Prejudice by April Lambert, FedEx Ground Package System, Inc., and Progressive Premier Insurance Company of Illinois. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal without Prejudice of Progressive Premier Insurance Company of Illinois' Crossclaim Against FedEx Ground Package System, Ind. dba FedEx Ground)(Johnson, Robert) Modified on 7/18/2022 to edit text(jra).
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Filing 26
ORDER: IT IS HEREBY ORDERED AND ADJUDGED, that said #19 motion to drop Progressive Premier Insurance Company of Illinois, from the present action without prejudice is well founded and is therefore granted and sustained, and Progressive Premier Insurance Company of Illinois is hereby dropped from the present action without prejudice, and expressly conditioned upon the terms and conditions set forth in the written Motion and Agreement between the parties and uninsured motorist insurer. Signed by Judge Thomas W. Thrash, Jr. on 7/13/22. (jra)
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Submission of #19 Joint MOTION And Agreement To Drop Underinsured Motorist Carrier Without Prejudice to District Judge Thomas W. Thrash Jr. (jeh)
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Filing 25
REPLY BRIEF re #19 Joint MOTION And Agreement To Drop Underinsured Motorist Carrier Without Prejudice filed by April Lambert. (Thelen, Maxwell)
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Filing 24
REPLY BRIEF re #19 Joint MOTION And Agreement To Drop Underinsured Motorist Carrier Without Prejudice In Support filed by Progressive Premier Insurance Company of Illinois. (Johnson, Robert)
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Remark re #22 Notice of Filing: 1 Disk Received. (jra)
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Filing 23
RESPONSE in Opposition re #19 Joint MOTION And Agreement To Drop Underinsured Motorist Carrier Without Prejudice filed by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit A-Video Slip Sheet-Video Filed w Clerk's Office)(Demasi, Melody)
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Filing 22
Notice of Filing Electronic Media re: Exhibit A to Defendant's Brief in Opposition to Joint Motion to Drop Underinsured Motorist Carrier by FedEx Ground Package System, Inc. (Demasi, Melody) Modified on 6/27/2022 to edit text(jra).
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Filing 21
RULE 5.4 CERTIFICATE OF SERVICE Of Discovery by FedEx Ground Package System, Inc. (Demasi, Melody) Modified on 6/27/2022 to edit text(jra).
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Filing 20
NOTICE of Appearance Of Additional Counsel by Melody H. Demasi on behalf of FedEx Ground Package System, Inc. (Demasi, Melody) Modified on 6/27/2022 to edit text (jra).
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Filing 19
Joint MOTION And Agreement To Drop Underinsured Motorist Carrier Without Prejudice with Brief In Support by Progressive Premier Insurance Company of Illinois and April Lambert. (Attachments: #1 Text of Proposed Order Proposed Order)(Johnson, Robert) Modified on 6/9/2022 to edit text (jra).
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Filing 18
Initial Disclosures by April Lambert.(Ashby, Andrew)
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Filing 17
Initial Disclosures by FedEx Ground Package System, Inc..(Cole, Brenton)
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Filing 16
Certification of Consent to Substitution of Counsel. Brenton Webster Cole and Mark A. Barber replacing attorney Charles Michael Denney, Jr. (Cole, Brenton) Modified on 4/15/2022 to edit text(jra).
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Clerks Notation re #15 Certificate of Interested Persons. Reviewed and approved by Judge Thrash. (jeh)
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Filing 15
Certificate of Interested Persons by Progressive Premier Insurance Company of Illinois identifying Corporate Parent The Progressive Corporation, Corporate Parent Progressive Direct Holdings, Inc. for Progressive Premier Insurance Company of Illinois. (Johnson, Robert) Modified on 3/30/2022 to edit text(jra).
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Clerks Notation re #14 Certificate of Interested Persons. Reviewed and approved by Judge Thrash. (jeh)
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Filing 14
Certificate of Interested Persons by April Lambert. (Thelen, Maxwell)
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Clerks Notation re #13 Certificate of Interested Persons. Reviewed and approved by Judge Thrash. (jeh)
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Filing 13
Corporate Disclosure Statement by FedEx Ground Package System, Inc. (Denney, Charles) Modified on 3/24/2022 to edit text (ane).
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Filing 12
FedEx Ground Package System's ANSWER to #7 Crossclaim by FedEx Ground Package System, Inc..(Denney, Charles) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 11
Defendant FedEx Ground's ANSWER to #6 Amended Complaint by FedEx Ground Package System, Inc..(Denney, Charles) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Clerks Notation re #9 Leave of Absence by Robert Whitaker Johnson, Jr. Judge Thrash will not require an appearance by Robert Whitaker Johnson, Jr. on these dates. (jeh)
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Filing 10
ANSWER to #6 Amended Complaint by Progressive Premier Insurance Company of Illinois.(Johnson, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 9
Notice for Leave of Absence for the following date(s): 3/17/22, 3/18/22, 3/21/22, 5/27/22, 5/30/22, 5/31/22,, 7/1/22, 7/4/22, 7/5/22, by Robert Whitaker Johnson, Jr. (Johnson, Robert)
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Filing 8
DEMAND for Trial by Jury by Progressive Premier Insurance Company of Illinois. (Johnson, Robert)
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Filing 7
ANSWER to #6 Amended COMPLAINT with Jury Demand ( Discovery ends on 8/12/2022.), CROSSCLAIM against FedEx Ground Package System, Inc. with Jury Demand by Progressive Premier Insurance Company of Illinois.(Johnson, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 6
First AMENDED COMPLAINT against FedEx Ground Package System, Inc. with Jury Demand filed by April Lambert.(Ashby, Andrew) 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 3/8/2022 to edit text (jra).
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Filing 5
Return of Service Executed by April Lambert, Joshua Barnes. FedEx Ground Package System, Inc. served on 3/2/2022, answer due 3/23/2022. (Ashby, Andrew)
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Filing 4
Electronic Summons Issued as to Progressive Premier Insurance Company of Illinois. (jra)
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Filing 3
PROPOSED SUMMONS filed by Joshua Barnes, April Lambert to UM Carrier Progressive (Ashby, Andrew)
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Filing 2
Electronic Summons Issued as to FedEx Ground Package System, Inc. (tas)
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Filing 1
COMPLAINT with Jury Demand filed by April Lambert, Joshua Barnes. (Filing fee $402, receipt number AGANDC-11608710) (Attachments: #1 Civil Cover Sheet)(tas) 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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