Ball v. Kuenz Gmbh et al
Plaintiff: Tyrik Ball
Defendant: Kuenz Gmbh, Kuenz America, Inc., Marco Basic and John Does 1-10
Case Number: 1:2023cv05386
Filed: November 22, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1446 pl Petition for Removal - Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 19, 2024 Submission of #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Leigh Martin May. (bnp)
January 18, 2024 Filing 23 REPLY BRIEF re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kuenz America, Inc.. (Havlik, Gwendolyn)
January 18, 2024 Filing 22 REPLY BRIEF re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marco Basic. (Havlik, Gwendolyn)
January 9, 2024 Opinion or Order Filing 21 ORDER granting #17 Motion to Stay. The deadlines for making initial disclosures and conducting the Rule 16(f) conference (Early Planning Conference) are suspended until 21 days after the Court rules on the pending motions to dismiss. Signed by Judge Leigh Martin May on 01/09/2024. (tht)
January 9, 2024 Submission of #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM BY SPECIAL APPEARANCE by Kuenz Gmbh., to District Judge Leigh Martin May. (bnp)
January 8, 2024 Submission of #17 MOTION to Stay to District Judge Leigh Martin May. (bnp)
January 4, 2024 Filing 20 RESPONSE in Opposition re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tyrik Ball. (Attachments: #1 Brief in Support)(Potts, James)
January 4, 2024 Filing 19 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tyrik Ball. (Attachments: #1 Brief in Support) (Potts, James)
December 22, 2023 Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Special Appearance with Brief In Support by Kuenz Gmbh. (Attachments: #1 Brief Memorandum in Support of Motion to Dismiss, #2 Exhibit 1 - Redlined Answer, #3 Exhibit 2 - Declaration of D Moosbrugger, #4 Exhibit 3 - CSX Complaint, #5 Exhibit 4 - CSX FAC, #6 Exhibit 5 - CSX Motion to Amend Complaint, #7 Exhibit 6 - CSX Second Amended Complaint, #8 Exhibit 7 - CSX Third Amended Complaint, #9 Exhibit 8 - July 17 2023 Email from Kuenz America, #10 Exhibit 9 - Affidavit of Service of Subpoena, #11 Exhibit 10 - Affidavit of Service of Complaint, #12 Exhibit 11 - CSX Docket)(Adams, Jeffrey)
December 21, 2023 Filing 17 MOTION to Stay by Kuenz America, Inc., Marco Basic. (Attachments: #1 Text of Proposed Order)(Havlik, Gwendolyn)
December 21, 2023 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Kuenz America, Inc.. (Attachments: #1 Brief)(Havlik, Gwendolyn)
December 21, 2023 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Marco Basic. (Attachments: #1 Brief)(Havlik, Gwendolyn)
December 15, 2023 Filing 14 Certificate of Interested Persons and Corporate Disclosure Statement by Kuenz America, Inc., Marco Basic identifying Corporate Parent Kuenz Holding GmbH for Kuenz America, Inc.. (Havlik, Gwendolyn)
December 11, 2023 Opinion or Order Filing 13 ORDER: The three motions to dismiss that are pending, Dkt. Nos. #3 , #4 , and #5 , seek dismissal of the original complaint, are DENIED AS MOOT. Signed by Judge Leigh Martin May on 12/11/2023. (tht)
December 11, 2023 Filing 12 RESPONSE in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction by Special Appearance filed by Tyrik Ball. (Attachments: #1 Brief in support of opposition to Defendant Kuenz GMBH's Motion to Dismiss for Failure to State a Claim) (Potts, James)
December 11, 2023 Filing 11 RESPONSE in Opposition re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tyrik Ball. (Attachments: #1 Brief in support of opposition to Defendant Kuenz America, Inc.'s Motion to Dismiss for Failure to State a Claim)(Potts, James)
December 11, 2023 Filing 10 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tyrik Ball. (Attachments: #1 Brief Opposition to Defendant Marco Basic's Motion to Dismiss for Failure to State a Claim) (Potts, James)
December 11, 2023 Filing 9 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Tyrik Ball. (Attachments: #1 Exhibit Exhibit 1 RFP 7a. Email from Marco Basic of Kuenz to Patrick Connell January 14, 2021, #2 Exhibit Exhibit 2 RFP 7c. Correspondence to Kuenz from CSXT counsel February 3, 2021, #3 Exhibit Exhibit 3 21.07.06 CSXT's Responses to Pl's Request for Production, #4 Exhibit Exhibit 3 22.03.04 CSXIT Responses to Discovery, #5 Exhibit Exhibit 3 23.03.31 CSXIT 3rd Discovery Responses, #6 Exhibit Exhibit 3 23.04.17 CSXIT's Responses to PL's 4th RFPDs and Amended 4th RFPDs - 4-17-23, #7 Exhibit Exhibit 3 23.05.19 CSXIT's Supplemental Responses to PL's 1st, 3rd, and Amended 4th RFPDs - 5-19-23, #8 Exhibit Exhibit 3 23.09.15 CSXIT and CSXT's Responses to PL's 7th RFPDs. 9-15-23, #9 Exhibit Exhibit 3 23.09.29 CSXIT and CSXT Responsese to PL's 8th RFP to Defendants 9-29-23, #10 Exhibit Exhibit 4 CSXIT's Responses to Plaintiff's (5th) Fifth Request for Production 8-18-23)(Potts, James) 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.
December 5, 2023 Opinion or Order Filing 8 ORDER: The motion to stay discovery, Dkt. No. #7 , is DENIED with leave to refile in compliance with the standing order. Signed by Judge Leigh Martin May on 12/05/2023. (tht)
December 4, 2023 Filing 7 MOTION to Stay Discovery pending ruling on Defendants' Motion to Dismiss by Kuenz America, Inc., Marco Basic. (Attachments: #1 Text of Proposed Order Proposed Order)(Havlik, Gwendolyn)
November 29, 2023 Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by Kuenz Gmbh identifying Corporate Parent Kuenz Holding GmbH for Kuenz Gmbh. (Adams, Jeffrey)
November 29, 2023 Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of Personal Jurisdiction by Special Appearance with Brief In Support by Kuenz Gmbh. (Attachments: #1 Brief Memorandum in Support of Motion to Dismiss, #2 Exhibit Ex 1 - Declaration of D Moosbrugger, #3 Exhibit Ex 2 - 2021 CSX Complaint, #4 Exhibit Ex 3 - 1st Amended Complaint, #5 Exhibit Ex 4 - Motion to Amend Complaint, #6 Exhibit Ex 5 - 2nd Amended Complaint, #7 Exhibit Ex 6 - 3rd Amended Complaint, #8 Exhibit Ex 7 - CSX Disc Resp, #9 Exhibit Ex 8 - Discovery Correspondence, #10 Exhibit Ex 9 - Subpoena AOS, #11 Exhibit Ex 10 - Complaint AOS, #12 Exhibit Ex 11 - CSX State Court Docket)(Adams, Jeffrey)
November 29, 2023 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Marco Basic. (Attachments: #1 Brief Brief in Support)(Havlik, Gwendolyn)
November 29, 2023 Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Kuenz America, Inc.. (Attachments: #1 Brief Brief in Support)(Havlik, Gwendolyn)
November 27, 2023 Opinion or Order Filing 2 STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 11/27/2023. (bnp)
November 22, 2023 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Marco Basic, Kuenz America, Inc. (Filing fee $ 402 receipt number AGANDC-13049387) (Attachments: #1 Exhibit A - State Court, #2 Exhibit B - State Court Notice, #3 Exhibit C - Affidavit, #4 Exhibit D - Consent to Removal, #5 Civil Cover Sheet)(dnb) 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: Tyrik Ball
Represented By: James Hugh Potts, II
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Defendant: Kuenz Gmbh
Represented By: Jeffrey Scott Adams
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Defendant: Kuenz America, Inc.
Represented By: Breanna Vega
Represented By: Gwendolyn Dralle Havlik
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Defendant: Marco Basic
Represented By: Breanna Vega
Represented By: Gwendolyn Dralle Havlik
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Defendant: John Does 1-10
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