Nolan v. Bunzl plc et al
| Judy Ann Nolan |
| Bunzl plc, Transforce, Inc., Bunzl Distribution Midcentral, Inc., Bunzl Distribution Southeast, LLC, John Does 2 through 5 and Bunzl Distribution Southeast, LLC (Missouri) |
| Wiley Sanders Truck Lines, Inc. |
| 3:2018cv00206 |
| September 24, 2018 |
| US District Court for the Northern District of Mississippi |
| Michael P Mills |
| Jane M Virden |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 66
ORDER OF DISMISSAL WITH PREJUDICE Pursuant to #65 Stipulation of Dismissal. CASE CLOSED. Signed by District Judge Michael P. Mills on 11/15/2018. (lpm)
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| Filing 65 STIPULATION of Dismissal With Prejudice. (Ware, R.) |
| NOTICE Cancelling Case Management Conference re #61 Initial Order - Rule 16.1; case settled. (irw) |
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TEXT ONLY ORDER granting Motion to Appear Pro Hac Vice. Attorney R. David Ware is hereby admitted as counsel pro hac vice on behalf of the Defendants. Counsel shall register with the Clerk as a user of the courts electronic filing system on or before October 24, 2018 at www.msnd.uscourts.gov/ecf. No further written order shall issue from the court. Signed by Magistrate Judge Jane M. Virden on 10/19/18. (bfg)(no document attached)
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| Filing 64 Supplement to Motion re #63 MOTION to Appear Pro Hac Vice ; Attorney R. David Ware,(Paid $150 PHV fee; receipt number 0537-1606374) GA State Bar Certificate of Good Standing for R. David Ware filed by Bunzl Distribution Midcentral, Inc., Bunzl plc, Transforce, Inc.. (Proctor, David) |
| Filing 63 MOTION to Appear Pro Hac Vice ; Attorney R. David Ware,(Paid $150 PHV fee; receipt number 0537-1606374) by Bunzl Distribution Midcentral, Inc., Bunzl plc, Transforce, Inc.. (Proctor, David) |
| Filing 62 NOTICE of Attorney Appearance by David W. Proctor on behalf of Bunzl Distribution Midcentral, Inc., Bunzl plc, Transforce, Inc. (Proctor, David) |
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Filing 61
INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 10/31/2018 10:00 AM before Magistrate Judge Jane M. Virden. Confidential memos and a proposed Case Management Order is due no longer than 14 days prior to the conference. Signed by Magistrate Judge Jane M. Virden on 10/3/2018. (irw)
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| Filing 60 CLERK'S NOTICE of Failure by Counsel to be Admitted to Practice Re: R. David Ware, Sandro Stojanovic, Kenneth L. Shigley, Frank Philips Harris, Patrick Glenn Walker, Jeffrey Paul Raasch, Francis Payne Ralph. (jtm) |
| Filing 59 Case transferred in from District of Georgia Northern; Case Number 1:17-cv-00421. Original file certified copy of transfer order and docket sheet received. |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Michael P. Mills and Magistrate Judge Jane M. Virden. (jtm) |
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Filing 58
ORDER GRANTING #37 and #38 Motions to Transfer Case pursuant to 28 U.S.C. 1404(a) [Docs. 37, 38]. The Clerk is DIRECTED to TRANSFER this action to the United States District Court for the Northern District of Mississippi and to close the case. Signed by Judge Amy Totenberg on 9/21/2018. (jtj) [Transferred from Georgia Northern on 9/24/2018.]
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| Case transferred ELECTRONICALLY to the Northern District of Mississippi. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 57 Application for Leave of Absence for the following date(s): November 21-27, 2018; December 19-27, 2018; and January 7-10, 2019 by R. David Ware. (Ware, R.) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 56 Notice for Leave of Absence for the following date(s): May 16- 23, 2018; and August 29-September 12, 2018 by R. David Ware. (Ware, R.) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 55 Certification of Consent to Substitution of Counsel. R. David Ware and Sandro Stojanovic replacing attorney Richard Underwood and Patrick Glenn Walker. (Ware, R.) Appearing Attorneys Modified on 4/20/2018 (sap). [Transferred from Georgia Northern on 9/24/2018.] |
| Submission of #38 MOTION to Dismiss, or in the alternative, MOTION to Transfer Case, and #37 MOTION to Dismiss, or in the alternative, MOTION to Transfer Case to District Judge Amy Totenberg. (sap) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 54 REPLY to Response to Motion re #37 MOTION to Dismiss MOTION to Transfer Case, #38 MOTION to Dismiss MOTION to Transfer Case filed by Bunzl Distribution Midcentral, Inc., Bunzl plc. (Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 53 RESPONSE in Opposition re #37 MOTION to Dismiss MOTION to Transfer Case, #38 MOTION to Dismiss MOTION to Transfer Case filed by Judy Ann Nolan. (Attachments: #1 Exhibit Rule 30(b)(6), #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 52 Plaintiff's Status Report on Jurisdictional Discovery re #50 Order, filed by Judy Ann Nolan. (Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 51 NOTICE of Appearance by Patrick Glenn Walker on behalf of Bunzl Distribution Midcentral, Inc., Bunzl Distribution Southeast, LLC, Bunzl Distribution Southeast, LLC (Missouri), Bunzl plc, Transforce, Inc. (Walker, Patrick) [Transferred from Georgia Northern on 9/24/2018.] |
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Filing 50
ORDER GRANTING NUNC PRO TUNC #49 Motion to Modify Scheduling. See Order for more details. Signed by Judge Amy Totenberg on 1/9/18. (bnw) [Transferred from Georgia Northern on 9/24/2018.]
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| Filing 49 MOTION to Modify the Court's #45 Order and #48 Order due to deaths of stepsons of plaintiff's lead counsel's sole assistant by Judy Ann Nolan. (Attachments: #1 Text of Proposed Order to Modify Scheduling)(Shigley, Kenneth) Text Modified on 12/26/2017 (sap). [Transferred from Georgia Northern on 9/24/2018.] |
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Filing 48
ORDER DENYING #47 Motion to Quash Plaintiff's Notice of Deposition or, in the alternative, #47 Motion for Protective Order. The Court DIRECTS Defendant to comply with the Court's procedure for resolving discovery disputes, including the required formatting for the Consolidated/Joint Discovery Statement set forth in Section III(e). Signed by Judge Amy Totenberg on 11/09/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.]
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| Filing 47 MOTION to Quash Plaintiff's Notice of Deposition or, in the alternative, MOTION for Protective Order with Brief In Support by Bunzl plc. (Attachments: #1 Exhibit A- Plaintiff's Notice of Deposition, #2 Brief Memorandum in Support)(Underwood, Richard). Added MOTION for Protective Order on 11/9/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 46 INTERVENOR COMPLAINT filed by Wiley Sanders Truck Lines, Inc. (jtj) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 9/24/2018.] |
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Filing 45
ORDER GRANTING #40 Motion for Extension of Time to Answer or Respond to Defendants' Motions to Dismiss. The Court also GRANTS #41 Motion to Intervene. The Court GRANTS Plaintiff LEAVE to conduct limited jurisdictional discovery to be completed WITHIN 45 DAYS of this Order. Plaintiff's Response to Defendants' Motions to Dismiss SHALL BE DUE 20 DAYS after the completion of this limited discovery period. The Parties are DIRECTED to attach to their briefs any evidence of factual issues arising out discovery. The Clerk is DIRECTED to docket the Intervenor Complaint attached to the motion at Doc. 41-1 as of the date of this Order. Signed by Judge Amy Totenberg on 10/13/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.]
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| Submission of #41 MOTION to Intervene , submitted to District Judge Amy Totenberg. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 44 Joinder in #42 and #43 Responses, by Transforce, Inc.. (Underwood, Richard) Modified on 10/2/2017 to reflect e-filed document. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 43 RESPONSE in Opposition re #40 First MOTION for Extension of Time to Answer of Respond to the Motion to Dismiss filed by Bunzl plc. (Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 42 RESPONSE in Opposition re #40 First MOTION for Extension of Time to Answer of Respond to the Motion to Dismiss filed by Bunzl Distribution Midcentral, Inc.. (Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 41 MOTION to Intervene by Wiley Sanders Truck Lines, Inc.. (Attachments: #1 Intervenor Complaint, #2 Exhibit Workers' Compensation Agreement)(Raasch, Jeffrey) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 40 First MOTION for Extension of Time to Answer of Respond to the Motion to Dismiss with Brief In Support by Judy Ann Nolan. (Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 39 NOTICE of Joinder re: #37 and #38 Motions to Dismiss by Transforce, Inc. (Underwood, Richard) Modified on 9/22/2017 to reflect e-filed document. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 38 MOTION to Dismiss or, in the alternative, MOTION to Transfer Case with Brief In Support by Bunzl plc. (Attachments: #1 Brief In Support of Motion to Dismiss, or Transfer, #2 Exhibit A- Declaration of Paul Hussey, #3 Exhibit B, #4 Exhibit C- Police Report)(Underwood, Richard) . Added MOTION to Transfer Case on 9/1/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 37 MOTION to Dismiss or, in the alternative, MOTION to Transfer Case with Brief In Support by Bunzl Distribution Midcentral, Inc. (Attachments: #1 Brief In Support of Motion to Dismiss, or Transfer, #2 Affidavit A- Affidavit of Representative, #3 Exhibit B, #4 Exhibit C- Police Report)(Underwood, Richard) . Added MOTION to Transfer Case on 9/1/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Submission of #36 Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 36 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Judy Ann Nolan. (Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 35 Notice for Leave of Absence for the following date(s): 9/7/17 - 9/19/17, by Frank Philips Harris. (Harris, Frank) [Transferred from Georgia Northern on 9/24/2018.] |
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Filing 34
ORDER - The Complaint is amended to add BUNZL DISTRIBUTION MIDCENTRAL, INC. as a Defendant, and substituted for Defendant John Doe #1. The claim against BUNZL DISTRIBUTION MIDCENTRAL, INC. relates back to time of filing of the original Complaint pursuant to Federal Rule of Civil Procedure 15. Bunzl Distribution Southeast, LLC and Bunzl Distribution Southeast (Missouri), LLC are hereby voluntarily dismissed, without prejudice. Signed by Judge Amy Totenberg on 7/07/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.]
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Filing 33
ORDER GRANTING Kenneth L. Shigley's Motion for Leave of Absence for 30 days from June 24, 2017, through July 26, 2017. Kenneth L. Shigley is granted Leave of Absence for November 20, 2017, through December 1, 2017. Signed by Judge Amy Totenberg on 7/06/2017, nunc pro tunc. (jtj) [Transferred from Georgia Northern on 9/24/2018.]
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| Filing 32 Consent MOTION to Amend Complaint, Consent MOTION to Add Party and Substitute Defendant by Bunzl Distribution Southeast, LLC, Bunzl Distribution Southeast, LLC (Missouri), Bunzl plc, Transforce, Inc.. (Attachments: #1 Exhibit A- Business License, #2 Text of Proposed Order Proposed Order)(Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Submission of #32 Consent MOTION to Amend Complaint and MOTION to Add Party and Substitute Defendant, submitted to District Judge Amy Totenberg. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
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Filing 31
ORDER granting #30 Motion for Extension of Time through 8/7/17 for filing Initial disclosures and the Joint Preliminary Report and Discovery Plan. Signed by Judge Amy Totenberg on 6/27/17. (jpa) [Transferred from Georgia Northern on 9/24/2018.]
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| Filing 30 Consent MOTION for Extension of Time to File Initial Disclosures & Joint Preliminary Report & Discovery Plan by Judy Ann Nolan. (Attachments: #1 Text of Proposed Order)(Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Submission of #27 Order, submitted to District Judge Amy Totenberg. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 29 Certificate of Interested Persons by Bunzl Distribution Southeast, LLC, Bunzl Distribution Southeast, LLC (Missouri), Bunzl plc. (Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 28 Petition for Leave of Absence for the following date(s): June 24, 2017, June 25, 2017, June 26, 2017, June 27, 2017, June 28, 2017, June 19, 2017, June 30, 2017, July 1, 2017, July 2, 2017, July 3, 2017, July 4, 2017, July 5, 2017, July 6, 2017, July 7, 2017, July 8, 2017, July 9, 2017, July 10, 2017, July 11, 2017, July 12, 2017, July 13, 2017, July 14, 2017, July 15, 2017, July 16, 2017, July 17, 2017, July 18, 2017, July 19, 2017, July 20, 2017, July 21, 2017, July 22, 2017, July 23, 2017, July 24, 2017, July 25, 2017, July 26, 2017, November 20, 2017, November 21, 2017, November 22, 2017, November 23, 2017, November 24, 2017, November 25, 2017, November 26, 2017, November 27, 2017, November 28, 2017, November 29, 2017, November 30, 2017, December 1, 2017, by Kenneth L. Shigley. (Attachments: #1 Text of Proposed Order)(Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
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Filing 27
ORDER DIRECTING Defendants Bunzl Distribution Southeast, LLC, and Bunzl Distribution Southeast, LLC, (Missouri) to file their Certificates of Interested Persons and Corporate Disclosure Statements NO LATER THAN JUNE 23, 2017. In order to determine whether the Court has original jurisdiction over this case based on diversity, the Court DIRECTS Defendants to include in their Certificate of Interested Persons and Corporate Disclosure Statements a complete list of all of their members and the citizenship of each. The Parties are ORDERED to file their JPRDP NO LATER THAN JUNE 30, 2017.The Clerk is DIRECTED to resubmit this order to the undersigned upon the filing of Defendants' submissions in response to this Order or June 26, 2017, whichever is sooner. Signed by Judge Amy Totenberg on 6/13/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.]
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| Filing 26 ANSWER to #3 Amended Complaint by Bunzl Distribution Southeast, LLC.(Underwood, Richard) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 25 ANSWER to #3 Amended Complaint by Bunzl Distribution Southeast, LLC (Missouri).(Underwood, Richard) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 24 ANSWER to #3 Amended Complaint by Bunzl plc.(Underwood, Richard) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 23 ANSWER to #3 Amended Complaint by Transforce, Inc.. Discovery ends on 8/28/2017.(Underwood, Richard) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 9/24/2018.] |
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Filing 22
ORDER GRANTING #20 Motion for Extension of Time to Answer the Amended Complaint. Defendants shall have up to and including March 30, 2017, to respond, plead, or otherwise answer the complaint filed in this matter. Signed by Judge Amy Totenberg on 2/27/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.]
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| Filing 21 NOTICE Of Filing Proof of Service Bunzl PLC in London, by Judy Ann Nolan. (Attachments: #1 Exhibit Proof of Service)(Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Submission of #20 Unopposed MOTION for Extension of Time to File Answer, submitted to District Judge Amy Totenberg. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 20 Unopposed MOTION for Extension of Time to File Answer by Bunzl Distribution Southeast, LLC, Bunzl Distribution Southeast, LLC (Missouri), Bunzl plc, Transforce, Inc.. (Attachments: #1 Text of Proposed Order)(Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 19 Return of Service Executed by Judy Ann Nolan. Bunzl Dist. SE C/O Corporate Creations Network in MO served on 2/21/2017. Answer due 3/14/2017. (Attachments: #1 Exhibit Affidavit of Service)(Shigley, Kenneth) Modified on 2/22/2017 to include dates. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 18 NOTICE of Appearance by Richard Underwood on behalf of Bunzl Distribution Southeast, LLC (Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 17 NOTICE of Appearance by Richard Underwood on behalf of Bunzl plc (Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 16 NOTICE of Appearance by Richard Underwood on behalf of Bunzl Distribution Southeast, LLC (Missouri) (Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 15 NOTICE of Appearance by Richard Underwood on behalf of Transforce, Inc. (Underwood, Richard) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 14 Electronic Summons Issued as to Bunzl Distribution Southeast, LLC (Missouri). (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 13 PROPOSED SUMMONS filed by Judy Ann Nolan Bunzl Dist. SE LLC, RA in Missouri (Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 12 Electronic Summons Issued as to Bunzl plc. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 11 PROPOSED SUMMONS filed by Judy Ann Nolan Summons on BUNZL PLC Principle Place of Business in London (Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 10 CERTIFICATE of Compliance by Kenneth L. Shigley on behalf of Judy Ann Nolan. (Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 9 Return of Service Executed by Judy Ann Nolan. Transforce, Inc. served on 2/06/2017. Answer due 2/27/2017. (Attachments: #1 Exhibit Proof of Service)(Shigley, Kenneth) Modified on 2/10/2017 to add service and answer dates. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 8 Return of Service Executed by Judy Ann Nolan. BUNZL PLC served on 2/06/2017. Answer due 2/27/2017. (Attachments: #1 Exhibit Proof of Service)(Shigley, Kenneth) Modified on 2/10/2017 to add service and answer dates. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 7 Return of Service Executed by Judy Ann Nolan. BUNZL Distribution Southeast, LLC (Missouri) served on 2/06/2017. Answer due 2/27/2017. (Attachments: #1 Exhibit Proof of Service)(Shigley, Kenneth) Modified on 2/10/2017 to add service and answer dates. (jtj) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 6 NOTICE of Proof of Service on BUNZL Distribution Southeast, LLC, by Judy Ann Nolan. (Attachments: #1 Exhibit Proof of Service)(Shigley, Kenneth) [Transferred from Georgia Northern on 9/24/2018.] |
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Filing 5
Standing Order: Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto.To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 2/10/2017. (jtj) [Transferred from Georgia Northern on 9/24/2018.]
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge Amy Totenberg for all further proceedings. Judge Orinda D. Evans no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-00421-AT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Orinda D. Evans on 2/8/17. (bnw) [Transferred from Georgia Northern on 9/24/2018.]
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| Filing 3 First AMENDED COMPLAINT against All Defendants, filed by Judy Ann Nolan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shigley, Kenneth) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 2 Electronic Summons Issued as to Bunzl Distribution Southeast, LLC, Bunzl Distribution Southeast, LLC (Missouri), Bunzl plc, Transforce, Inc. (Attachments: #1 Summons Bunzl Dist., #2 Summons Bunzl Dist. SE, #3 Summons Transforce)(jkl) [Transferred from Georgia Northern on 9/24/2018.] |
| Filing 1 COMPLAINT filed by Judy Ann Nolan. ( Filing fee $ 400 receipt number 113E-6953466.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(jkl) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 9/24/2018.] |
| Submission of #1 Complaint to District Judge Orinda D. Evans for her consideration. (jkl) [Transferred from Georgia Northern on 9/24/2018.] |
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