Ball v. Kuenz Gmbh et al
| Tyrik Ball |
| Kuenz Gmbh, Kuenz America, Inc., Marco Basic and John Does 1-10 |
| 1:2023cv05386 |
| November 22, 2023 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 pl Petition for Removal - Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| 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) |
| Filing 23 REPLY BRIEF re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kuenz America, Inc.. (Havlik, Gwendolyn) |
| Filing 22 REPLY BRIEF re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marco Basic. (Havlik, Gwendolyn) |
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)
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| 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) |
| Submission of #17 MOTION to Stay to District Judge Leigh Martin May. (bnp) |
| 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) |
| 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) |
| 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) |
| Filing 17 MOTION to Stay by Kuenz America, Inc., Marco Basic. (Attachments: #1 Text of Proposed Order)(Havlik, Gwendolyn) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Kuenz America, Inc.. (Attachments: #1 Brief)(Havlik, Gwendolyn) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Marco Basic. (Attachments: #1 Brief)(Havlik, Gwendolyn) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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. |
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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)
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| 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) |
| Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by Kuenz Gmbh identifying Corporate Parent Kuenz Holding GmbH for Kuenz Gmbh. (Adams, Jeffrey) |
| 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) |
| 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) |
| 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) |
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Filing 2
STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 11/27/2023. (bnp)
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| 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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