Lowe v. AGCO Corporation et al
| John Patrick Lowe |
| AGCO Corporation, Massey Ferguson Corporation, AGCO Mexico, Comercializadora San German and AGCO |
| 1:2022cv05051 |
| December 22, 2022 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Amy Totenberg |
| Motor Vehicle |
| 28 U.S.C. § 1446 Notice of Removal - Motor Vehicle |
| None |
Docket Report
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| Filing 28 Case transferred in from District of Texas Northern; Case Number 4:22-cv-00458. Original file certified copy of transfer order and docket sheet received. |
Filing 27
ORDER...Before the Court are Defendant AGCO Corporations Motion to Dismiss Plaintiffs First Amended Complaint (ECF No. #17 ), filed August 11, 2022; Plaintiff John Lowes Response (ECF No. #20 ), filed September 15, 2022; AGCO Corporations Reply (ECF No. #24 ), filed September 22, 2022; and Plaintiffs Sur- Reply (ECF No. #25 ), filed September 29, 2022. AGCO Corporations Motion is GRANTED and the action is hereby TRANSFERRED. Case transferred to Atlanta Division Division of Northern District of Georgia. (Ordered by Judge Reed C. O'Connor on 12/22/2022) (wxc) [Transferred from Texas Northern on 12/22/2022.]
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| Filing 26 NOTICE of Change of Address for Attorney Stephen Wayne Stewart on behalf of John Patrick Lowe. (Filer will update contact info in ECF.) (Stewart, Stephen) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 25 Sur-reply filed by John Patrick Lowe re: #17 MOTION to Dismiss Plaintiff's First Amended Complaint (Stewart, Stephen) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 24 Brief/Memorandum in Support filed by AGCO Corporation re #17 MOTION to Dismiss Plaintiff's First Amended Complaint (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
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Filing 23
ORDER granting #21 ...Before the Court is Plaintiffs Agreed Motion for Leave to File Amended Response in Opposition to Defendants Motion to Dismiss (ECF No. 21), filed September 16, 2022. As the Motion is agreed and upon due consideration and good cause, the Court GRANTS the Plaintiffs Motions and ORDERS the Plaintiff to refile his response on or before September 21, 2022 at 5:00 p.m. (Ordered by Judge Reed C. O'Connor on 9/19/2022) (wxc) [Transferred from Texas Northern on 12/22/2022.]
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| Filing 22 RESPONSE filed by John Patrick Lowe re: #17 MOTION to Dismiss Plaintiff's First Amended Complaint (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s)) (Stewart, Stephen) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 21 Agreed MOTION for Leave to File Amended Response in Opposition to Defendant AGCO Corporation's Renewed Motion to Dismiss filed by John Patrick Lowe (Attachments: #1 Proposed Order Proposed Order Granting Plaintiff's Agreed Motion for Leave) (Stewart, Stephen) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 20 RESPONSE filed by John Patrick Lowe re: #17 MOTION to Dismiss Plaintiff's First Amended Complaint (Stewart, Stephen) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 19 Appendix in Support filed by AGCO Corporation re #17 MOTION to Dismiss Plaintiff's First Amended Complaint (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 18 Brief/Memorandum in Support filed by AGCO Corporation re #17 MOTION to Dismiss Plaintiff's First Amended Complaint (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 17 MOTION to Dismiss Plaintiff's First Amended Complaint filed by AGCO Corporation (Attachments: #1 Proposed Order) (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
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Filing 16
ELECTRONIC ORDER finding as moot #5 Motion to Dismiss. (Ordered by Judge Reed C. O'Connor on 8/3/2022) (chmb) [Transferred from Texas Northern on 12/22/2022.]
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| Filing 15 ANSWER to #12 Amended Complaint,, filed by AGCO Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
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Filing 14
ELECTRONIC ORDER granting #13 Application for Admission Pro Hac Vice of John C. Kitchens. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 7/20/2022) (chmb) [Transferred from Texas Northern on 12/22/2022.]
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| Filing 13 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12972500) filed by John Patrick Lowe (Attachments: #1 Additional Page(s) Certificate of Good Standing) (Kitchens, John) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 12 AMENDED COMPLAINT against All Defendants filed by John Patrick Lowe. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Stewart, Stephen) [Transferred from Texas Northern on 12/22/2022.] |
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Filing 11
ORDER...Before the Court is Plaintiffs Motion for Leave to File Amended Complaint (ECF No. #10 ), filed July 1, 2022. Having considered the motion, the Court finds that it should be and is hereby GRANTED. Plaintiff shall file its Amended Complaint on or before July 6, 2022. Amended Pleadings due by 7/6/2022. (Ordered by Judge Reed C. O'Connor on 7/5/2022) (wxc) [Transferred from Texas Northern on 12/22/2022.]
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| Filing 10 MOTION for Leave to File Amended Complaint filed by John Patrick Lowe (Attachments: #1 Proposed Order Order Granting Motion for Leave) (Stewart, Stephen) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 9 Joint STATUS REPORT and Provisional Discovery Plan filed by John Patrick Lowe. (Stewart, Stephen) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 8 NOTICE of Change of Firm Affiliation filed by AGCO Corporation (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 7 Appendix in Support filed by AGCO Corporation re #5 MOTION to Dismiss Plaintiff's Original Petition, #6 Brief/Memorandum in Support of Motion to Dismiss Plaintiff's Original Petition (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 6 Brief/Memorandum in Support filed by AGCO Corporation re #5 MOTION to Dismiss Plaintiff's Original Petition (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 5 MOTION to Dismiss Plaintiff's Original Petition filed by AGCO Corporation (Attachments: #1 Exhibits A-D, #2 Proposed Order) (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 4 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) [Transferred from Texas Northern on 12/22/2022.] |
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Filing 3
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party and any unrepresented party as soon as practicable. The Joint Report shall be filed on or before 6/28/2022. (Ordered by Judge Reed C. O'Connor on 5/31/2022) (jgg) [Transferred from Texas Northern on 12/22/2022.]
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AGCO Corporation. (Clerk QC note: No affiliate entered in ECF). (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
| Filing 1 NOTICE OF REMOVAL filed by AGCO Corporation. (Filing fee $402; receipt number 0539-12856445) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Cover Sheet, #8 Cover Sheet Supplement) (Smith, Robert) [Transferred from Texas Northern on 12/22/2022.] |
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