Cushenberry v. Excel Eagle Trucking, LLC et al
Plaintiff: Michael Cushenberry
Defendant: Excel Eagle Trucking, LLC, Excel Eagle Trucking Limited, Gakuo Cyrus, National Indemnity Company and Allstate Insurance Company
Case Number: 1:2023cv04449
Filed: September 29, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: Sarah E Geraghty
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1446 Notice of Removal - Motor Vehicle
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2023 Filing 14 Electronic Summons Issued as to Allstate Insurance Company (uninsured motorist carrier). (ane)
November 1, 2023 Opinion or Order Filing 13 SCHEDULING ORDER: re: #11 Joint Preliminary Report and Discovery Plan. This case shall proceed on a 6-month discovery track. Discovery ends on 4/29/2024. Dispositive Motions and Daubert motions due by 5/30/2024. If no dispositive motions are filed the Proposed Pretrial Order due on 6/14/2024. Signed by Judge Sarah E. Geraghty on 11/1/2023. (ane)
October 31, 2023 Filing 12 PROPOSED SUMMONS filed by Michael Cushenberry for UM Allstate Ins. (Falanga, Robert)
October 31, 2023 Filing 11 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by National Indemnity Company. (Clark, Lara)
October 31, 2023 Filing 10 Initial Disclosures by National Indemnity Company, Excel Eagle Trucking, LLC.(Clark, Lara) Modified on 11/2/2023 to correct filers (ane).
October 31, 2023 Opinion or Order MINUTE ORDER: Pursuant to Local Rule 16.2, NDGa, the parties' joint preliminary report and discovery plan is due within thirty days after a removed case is filed in this Court. A review of the docket indicates that the joint preliminary report and discovery plan is overdue. The parties are therefore DIRECTED to file their joint preliminary report and discovery plan within 14 days of the date of this order. Entered by Judge Sarah E. Geraghty on 10/31/2023. (sap)
October 27, 2023 Filing 9 CERTIFICATE OF SERVICE of Discovery by National Indemnity Company, Excel Eagle Trucking, LLC .(Clark, Lara) Modified on 10/30/2023 to correct filers (ane).
October 26, 2023 Filing 8 Initial Disclosures by Michael Cushenberry. (Attachments: #1 Supplement Attachment A to Pl. Initial Disclosures, #2 Supplement Attachment B to Pl. Initial Disclosures, #3 Supplement Attachment C to Pl. Initial Disclosures, #4 Supplement Attachment D to Pl. Initial Disclosures, #5 Supplement Attachment E to Pl. Initial Disclosures)(Falanga, Robert)
October 25, 2023 Filing 7 Return of Service Executed by Michael Cushenberry. Gakuo Cyrus served on 10/6/2023, answer due 10/27/2023. (Attachments: #1 Exhibit Attachment A to Affidavit of Compliance, #2 Exhibit Attachment B to Affidavit of Compliance, #3 Exhibit Attachment C to Affidavit of Compliance)(Falanga, Robert)
October 16, 2023 Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by Michael Cushenberry. (ane)
October 16, 2023 Filing 5 Refiled at entry #6 NOTICE by Michael Cushenberry Plaintiff's Certificate of Interested Persons (Falanga, Robert) Modified on 10/18/2023 Incorrect event selected QC email sent (ane).
October 6, 2023 Opinion or Order Filing 4 STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 10/6/2023. (sap)
September 29, 2023 Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by Excel Eagle Trucking, LLC and National Indemnity Company identifying Corporate Parent Berkshire Hathaway Inc. for National Indemnity Company; Corporate Parent Charles Lusagala for Excel Eagle Trucking, LLC. (pdt)
September 29, 2023 Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Excel Eagle Trucking, LLC, National Indemnity Company. Discovery ends on 2/26/2024. (pdt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 29, 2023 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by National Indemnity Company and Excel Eagle Trucking, LLC. (Filing fee $ 402 receipt number AGANDC-12920837) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 State Court Answer, #10 State Court Notice of Filing Notice of Removal, #11 Federal Court Answer, #12 Certificate of Interested Persons, #13 Civil Cover Sheet) (pdt) 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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Defendant: Excel Eagle Trucking, LLC
Represented By: Amanda Nardi
Represented By: Lara Ortega Clark
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Defendant: Excel Eagle Trucking Limited
Represented By: Amanda Nardi
Represented By: Lara Ortega Clark
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Defendant: Gakuo Cyrus
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Defendant: National Indemnity Company
Represented By: Amanda Nardi
Represented By: Lara Ortega Clark
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Defendant: Allstate Insurance Company
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Plaintiff: Michael Cushenberry
Represented By: Robert A. Falanga
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