Gabel v. Total Transportation of MS, LLC et al
| Tod Gabel |
| Total Transportation of MS, LLC doing business as U.S. Xpress Enterprises, Inc. and Mountain Lake Risk Retention Group, Inc. |
| 1:2022cv00951 |
| March 7, 2022 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| 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 May 22, 2023. A more recent docket listing may be available from PACER.
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Filing 39
ORDER directing if all parties agree to dismissal of this action, shall file a stipulation of dismissal signed by all parties. Signed by Judge Michael L. Brown on 5/22/2023. (dob)
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| Submission of #38 Notice of Voluntary Dismissal, to District Judge Michael L. Brown. (kng) |
| Notification of Docket Correction re #38 Stipulation of Dismissal. Modified to accurately reflect e-filed document as Notice of Voluntary Dismissal. (kng) |
| Filing 38 Notice of Voluntary Dismissal by Tod Gabel. (Attachments: #1 Civil Cover Sheet)(Fluevog, Marcus) Modified to accurately reflect e-filed document on 5/22/2023 (kng). |
| Filing 37 CERTIFICATE OF SERVICE P's Supp Resp to D's Disc by Tod Gabel.(Fluevog, Marcus) |
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Filing 36
ORDER granting #35 Motion for Extension of Time to Complete Discovery. Discovery ends on 5/19/2023. Signed by Judge Michael L. Brown on 3/20/2023. (dob)
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| Filing 35 Consent MOTION for Extension of Time to Complete Discovery and Proposed Order by Total Transportation of MS, LLC. (Hostetter, Michael) |
| Filing 34 Amended NOTICE to Take Deposition of Tod Gabel filed by Total Transportation of MS, LLC (Keller, Heather) |
| Filing 33 Supplemental NOTICE to Take Deposition of Tod Gabel filed by Total Transportation of MS, LLC (Keller, Heather) |
| Filing 32 CERTIFICATE OF SERVICE Defendant Total Transportation of MS, LLC's Responses to Plaintiff's First Request for Admissions and First Set of Interrogatories and Request for Production of Documents by Total Transportation of MS, LLC.(Keller, Heather) |
| Filing 31 Notice for Leave of Absence for the following date(s): March 10-20, 2023, May 4-8, 2023, May 15-19, 2023, July 3-7, 2023, Sept. 8-15, 2023, Nov. 20-24, 2023, by Michael David Hostetter. (Hostetter, Michael) |
| Filing 30 CERTIFICATE OF SERVICE Subpoenas to Produce Documents to The Chiropractic Center, Headache & Neurological Treatment, Cora Health Services, Clermont Radiology, LLC, Elite Radiology Group, BioSpine Institute, LLC, Florida Sports Injury & Orthopaedics, Concierge Home Care, Gulfcoast Spine Institute, Strata Medical, First Acceptance Insurance Company, Inc., York Risk Services Group, Inc., 84 Lumber Company, and State Farm Insurance Company by Total Transportation of MS, LLC.(Keller, Heather) |
| Filing 29 Request for Leave of Absence for the following date(s): March 6-13, 2023, May 4-8, 2023, May 15-19, 2023, July 3-7, 2023, Sept. 8-15, 2023, Nov. 20-24, 2023, by Michael David Hostetter. (Hostetter, Michael) |
| Filing 28 Second NOTICE to Take Deposition of Dunbar Monroe, corporate representative of Total Transportation of MS, LLC filed by Tod Gabel (Fluevog, Marcus) |
| Filing 27 Certificate of Service re Second NOTICE to Take Deposition of Dunbar Monroe, corporate representative of Total Transportation of MS, LLC filed by Tod Gabel (Fluevog, Marcus) Modified on 1/9/2023 to edit event selected (dob). |
| Filing 26 CERTIFICATE OF SERVICE P's Discovery to D by Tod Gabel.(Fluevog, Marcus) |
| Filing 25 NOTICE to Take Deposition of Tod Gabel filed by Total Transportation of MS, LLC (Keller, Heather) |
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Filing 24
ORDER granting #23 Motion for Extension of Time to Complete Discovery. Discovery ends on 3/20/2023. Signed by Judge Michael L. Brown on 12/20/2022. (dob)
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| Filing 23 Consent MOTION for Extension of Time to Complete Discovery to March 20, 2023 by Total Transportation of MS, LLC. (Attachments: #1 Text of Proposed Order)(Hostetter, Michael) |
| Filing 22 Second NOTICE to Take Deposition of Dunbar Monroe, corporate representative of Total Transportation of MS, LLC filed by Tod Gabel (Attachments: #1 Exhibit Amended Notice of TBD 30b6 Deposition of Defendant - Gabel)(Fluevog, Marcus) |
| Filing 21 First Initial Disclosures by Tod Gabel.(Fluevog, Marcus) |
| Filing 20 First Certificate of Interested Persons by Tod Gabel. (Fluevog, Marcus) |
| Filing 19 First NOTICE to Take Deposition of Dunbar Monroe, corporate representative of Total Transportation of MS, LLC filed by Tod Gabel (Fluevog, Marcus) |
| Filing 18 NOTICE to Take Deposition of Tod Gabel filed by Total Transportation of MS, LLC (Hostetter, Michael) |
| Filing 17 First NOTICE to Take Deposition of Dunbar Monroe, corporate representative of Total Transportation of MS, LLC filed by Tod Gabel (Fluevog, Marcus) |
| Filing 16 CERTIFICATE OF SERVICE P's Resp to D's Disc by Tod Gabel.(Fluevog, Marcus) |
| Filing 15 CERTIFICATE OF SERVICE P's Supp Resp to D's RFAs by Tod Gabel.(Fluevog, Marcus) |
| Filing 14 CERTIFICATE OF SERVICE P's Resp to D's RFAs by Tod Gabel.(Fluevog, Marcus) |
| Filing 13 CERTIFICATE OF SERVICE (TTMS' 1st Roggs, RPDs and RFAs to Plf) by Total Transportation of MS, LLC.(Hostetter, Michael) |
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Filing 12
SCHEDULING ORDER: re: #11 Joint Preliminary Report and Discovery Plan. This case is assigned to an eight-month discovery track. Discovery ends on 4/27/2023. Signed by Judge Michael L. Brown on 7/28/2022. (dob)
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| Filing 11 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Total Transportation of MS, LLC. (Hostetter, Michael) |
| Filing 10 Amended Initial Disclosures by Total Transportation of MS, LLC.(Hostetter, Michael) |
| Filing 9 ANSWER to #7 Amended Complaint by Total Transportation of MS, LLC. Discovery ends on 12/27/2022.(Hostetter, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 8 ACKNOWLEDGMENT OF SERVICE Executed filed by Tod Gabel. (Fluevog, Marcus) |
| Filing 7 First AMENDED COMPLAINT Tod Gabel against Total Transportation of MS, LLCwith Jury Demand filed by Tod Gabel.(Fluevog, Marcus) 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. |
| Filing 6 Certification of Consent to Substitution of Counsel. Marcus Blake Fluevog replacing attorney Evan Rosenberg. (Fluevog, Marcus) |
| Filing 5 Initial Disclosures by Mountain Lake Risk Retention Group, Inc., Total Transportation of MS, LLC.(Hostetter, Michael) |
| Notification of Docket Correction re #3 Notice of Filing. Pleading filed as Notice; should be Amended Notice of Removal. Clerk re-docketed at #4 . (dob) |
| Filing 4 AMENDED NOTICE OF REMOVAL filed by Total Transportation of MS, LLC, Mountain Lake Risk Retention Group, Inc..(dob) 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. |
| Filing 3 NOTICE Of Filing Amended Notice of Removal by Total Transportation of MS, LLC re #1 Notice of Removal, (Hostetter, Michael) |
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ORDER: Defendants must file, no later than March 25, 2022, an amended notice of removal that properly alleges the citizenship of Total Transportation of Mississippi, LLC (and otherwise establishes subject matter jurisdiction). See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004) ("[A] limited liability company is a citizen of any state of which a member of the company is a citizen."). Failure to do so will result in remand for lack of diversity jurisdiction. See City of Vestavia Hills v. Gen. Fid. Ins. Co., 676 F.3d 1310, 1313 (11th Cir. 2012) ("[A]ll doubts about jurisdiction should be resolved in favor of remand to state court."); Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999) ("[I]t is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking."). Ordered by Judge Michael L. Brown on 3/18/2022. (jpk)
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Filing 2
STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk)
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| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Total Transportation of MS, LLC and Mountain Lake Risk Retention Group, Inc.. (Filing fee $ 402.00 receipt number BGANDC-11639423) (Attachments: #1 Exhibit - A, #2 Exhibit -B, #3 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. |
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