West v. Overby-Seawell Co. et al
Plaintiff: Joynequa West
Defendant: Overby-Seawell Co. and Fulton Bank, N.A.
Case Number: 1:2022cv03858
Filed: September 26, 2022
Court: US District Court for the Northern District of Georgia
Presiding Judge: Steven D Grimberg
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2023 Opinion or Order Filing 30 ORDER GRANTING #5 Motion to Consolidate Cases in case 1:23-md-03056-SDG. The Sheckard Action and the West Action are hereby consolidated into the MDL Proceeding for consolidated pretrial proceedings. Signed by Judge Steven D. Grimberg on 3/9/2023. Associated Cases: 1:22-cv-03708-SDG, 1:22-cv-03858-SDG(ane)
March 3, 2023 NOTICE OF VIDEO PROCEEDING re: MDL CASE 23-MD-3056 - #5 Motion to Consolidate. Motion Hearing set for 3/8/2023 at 03:00 PM before Judge Steven D. Grimberg. Connection Instructions: https://ganduscourts.zoomgov.com/j/1610977939 -- Meeting ID: 161 097 7939 -- Passcode: 370771. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (slc)
March 1, 2023 Opinion or Order ORDER granting #15 Application of Gary M. Klinger for Admission Pro Hac Vice, as directed by the Office of the Clerk. APPROVED by Judge Steven D. Grimberg on 03/01/2023. 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.(slc)
February 27, 2023 Opinion or Order Filing 29 ORDER granting #25 Motion to Stay. The Court stays all case deadlines as to all parties pending a decision on Defendant OSC's Motion to Coordinate of Consolidate, filed in the MDL proceeding and in the event the Court denies that motion, extending the time for Defendant OSC to respond to Plaintiff's Class Action Complaint until 20 days after this Court's ruling. Signed by Judge Steven D. Grimberg on 2/27/23. (rlh)
February 22, 2023 Filing 28 CERTIFICATE of Compliance (Hanks, Taylor)
February 22, 2023 Filing 27 Certification of Consent to Substitution of Counsel. Taylor Thomas Hanks replacing attorney Tawana Blocker Johnson. (Hanks, Taylor)
February 22, 2023 Filing 26 NOTICE Of Filing Motion to Consolidate by Overby-Seawell Co. (Attachments: #1 Motion to Consolidate)(Hanks, Taylor)
February 21, 2023 Filing 25 Consent MOTION to Stay by Overby-Seawell Co.. (Attachments: #1 Text of Proposed Order Proposed Order)(Hanks, Taylor)
February 21, 2023 Filing 24 NOTICE of Related Filing by Overby-Seawell Co. (Attachments: #1 Defendant Overby-Seawell Company's Consent Motion to Stay, #2 Proposed Order)(Hanks, Taylor) Modified to edit event text on 2/22/2023 (aaq).
February 21, 2023 Filing 23 NOTICE of Appearance by Taylor Thomas Hanks on behalf of Overby-Seawell Co. (Hanks, Taylor)
February 21, 2023 Clerk's Entry of Dismissal APPROVING the #22 Notice of Voluntary Dismissal as to defendant Fulton Bank, N.A. ONLY pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (aaq)
February 20, 2023 Filing 22 NOTICE of Voluntary Dismissal without prejudice against Fulton Bank, N.A. ONLY filed by Joynequa West (Klinger, Gary)
November 15, 2022 Opinion or Order Filing 21 ORDER granting Consent Motion to Stay #19 . The Court extends Defendant Overby-Seawell Company's time to respond to the Class Action Complaint until twenty (20) days after a ruling by the Judicial Panel on Multidistrict Litigation, In re: KeyBank Customer Data Security Breach Litigation, MDL No. 3056. The Court sets the parties motion to dismiss briefing scheduling as follows: Defendant Overby-Seawell Company's Deadline to file a Motion to Dismiss is 20 days following a ruling by the JPML. Plaintiff's Deadline to file a Response in opposition to the Motion to Dismiss is 40 days following a ruling by the JPML. Defendant Overby- Seawell Company's Deadline to file a Reply in support of its Motion to Dismiss is 60 days following a ruling by the JPML. Signed by Judge Steven D. Grimberg on 11/15/2022. (gas)
November 15, 2022 Opinion or Order Filing 20 ORDER granting Consent Motion to Stay Case Deadlines, including Time to Respond to Plaintiff's Complaint #18 . The Court extends Defendant Fulton Bank, N.A.'s time to respond to the Class Action Complaint until twenty (20) days after a ruling by the Judicial Panel on Multidistrict Litigation, In re: KeyBank Customer Data Security Breach Litigation, MDL No. 3056. Signed by Judge Steven D. Grimberg on 11/15/2022. (gas)
November 14, 2022 Filing 19 Consent MOTION to Stay with Brief In Support by Overby-Seawell Co.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Stay)(Johnson, Tawana)
November 14, 2022 Filing 18 Consent MOTION to Stay Case Deadlines Including Time to Respond to Respond to Complaint with Brief In Support by Fulton Bank, N.A.. (Attachments: #1 Text of Proposed Order Re: Consent Motion to Stay Case Deadlines Including Time to Respond to Complaint)(Wiech, Christopher)
October 20, 2022 Opinion or Order Filing 17 ORDER granting Consent Motion for Extension of Time to Respond to Plaintiffs Complaint up to and including November 14, 2022 #16 . The Court sets the parties motion to dismiss briefing schedule as follows: Defendant Overby- Seawell Companys Deadline to file a Motion to Dismiss: November 14, 2022. Plaintiffs Deadline to file a Response in opposition to the Motion to Dismiss: December 19, 2022. Defendant Overby-Seawell Companys Deadline to file a Reply in support of its Motion to Dismiss: January 4, 2023. Signed by Judge Steven D. Grimberg on 10/20/2022. (gas)
October 18, 2022 Filing 16 Consent MOTION for Extension of Time to Respond to Plaintiffs Class Action Complaint by Overby-Seawell Co.. (Attachments: #1 Text of Proposed Order Proposed Order for Defendant Overby-Seawell Companys Consent Motion for Extension of Time to Respond to Plaintiffs Complaint)(Johnson, Tawana)
October 14, 2022 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Gary M. Klinger Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12129031). Attorney Gary M. Klinger added appearing on behalf of Joynequa West (cdg)
October 13, 2022 Filing 15 APPLICATION for Admission of Gary M. Klinger Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12129031).by Joynequa West. (Gibson, MaryBeth) Documents for this entry are not available for viewing outside the courthouse.
October 12, 2022 Filing 14 CERTIFICATE of Compliance of Chelsea Lamb (Lamb, Chelsea)
October 12, 2022 Filing 13 CERTIFICATE of Compliance of Christopher Wiech (Wiech, Christopher)
October 11, 2022 Filing 12 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Gary M. Klinger. Clerk to follow-up by 10/21/2022. (cdg)
October 7, 2022 Opinion or Order Filing 11 ORDER GRANTING #7 Consent MOTION for Extension of Time to File Answer to the #1 Complaint. Fulton Bank, N.A. Answer due 11/14/2022. Fulton's Deadline to file a Motion to Dismiss is 11/14/2022. Plaintiff's Deadline to file a Response in opposition to the Motion to Dismiss is 12/19/2022. Fulton's Deadline to file a Reply in support of its Motion to Dismiss is 1/4/2023. Signed by Judge Steven D. Grimberg on 10/7/2022. (nmb)
October 7, 2022 Filing 10 CERTIFICATE of Compliance of N. Nickolas Jackson (Gibson, MaryBeth)
October 7, 2022 Filing 9 CERTIFICATE of Compliance of MaryBeth V. Gibson (Gibson, MaryBeth)
October 7, 2022 Filing 8 CERTIFICATE of Compliance of Gary M. Klinger (Gibson, MaryBeth)
October 6, 2022 Filing 7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, with Brief In Support by Fulton Bank, N.A.. (Attachments: #1 Text of Proposed Order For Extension of Time to Respond to Complaint)(Wiech, Christopher)
October 4, 2022 Filing 6 Return of Service Executed by Joynequa West. Fulton Bank, N.A. served on 9/28/2022, answer due 10/19/2022. (Gibson, MaryBeth)
October 4, 2022 Filing 5 Return of Service Executed by Joynequa West. Overby-Seawell Co. served on 9/27/2022, answer due 10/18/2022. (Gibson, MaryBeth)
September 27, 2022 Opinion or Order Filing 4 STANDING ORDER Regarding Civil Litigation. Ordered by Judge Steven D. Grimberg on September 27, 2022. (ash)
September 26, 2022 Filing 3 Electronic Summons Issued as to Overby-Seawell Co.(gas)
September 26, 2022 Filing 2 Electronic Summons Issued as to Fulton Bank, N.A. (gas)
September 26, 2022 Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Joynequa West. (Filing fee $402, receipt number AGANDC-12089765) (Attachments: #1 Civil Cover Sheet)(gas) 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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Plaintiff: Joynequa West
Represented By: Gary M. Klinger
Represented By: MaryBeth Vassil Gibson
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Defendant: Overby-Seawell Co.
Represented By: Tawana Blocker Johnson
Represented By: Taylor Thomas Hanks
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Defendant: Fulton Bank, N.A.
Represented By: Christopher A. Wiech
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