Todd et al v. Ally Financial, Inc. et al
Plaintiff: Melissa Todd and Johnny Todd
Defendant: Ally Financial, Inc. and General Motors, LLC
Case Number: 3:2024cv00018
Filed: January 12, 2024
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Sharion Aycock
Referring Judge: Roy Percy
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 11, 2024 Filing 23 MEMORANDUM IN SUPPORT re #22 MOTION to Compel Arbitration and Dismiss Action, or, in the Alternative MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ally Financial, Inc.. (Burwell, Todd)
March 11, 2024 Filing 22 MOTION to Compel Arbitration and Dismiss Action, or, in the Alternative, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ally Financial, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jakayla Smith) (Burwell, Todd)
March 11, 2024 CLERK'S NOTICE re #21 Memorandum in Support, #20 MOTION to Compel Arbitration and Dismiss Action, or, in the Alternative MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; All exhibits should be filed with the motion to which they relate and not the memorandum brief, as required by L.U.Civ.R. 7(b)(2). Attorney to refile motion and memorandum brief. Motion has been terminated. (jla)
March 8, 2024 Filing 21 MEMORANDUM IN SUPPORT re #20 MOTION to Compel Arbitration and Dismiss Action, or, in the Alternative MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ally Financial, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jakayla Smith) (Burwell, Todd)
March 8, 2024 Filing 20 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE -- MOTION TERMINATED MOTION to Compel Arbitration and Dismiss Action, or, in the Alternative, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ally Financial, Inc.. (Burwell, Todd) Modified on 3/11/2024 (jla).
February 28, 2024 Filing 19 NOTICE of Conference: Case Management Conference reset for 3/22/2024 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. (rtc)
February 28, 2024 Filing 18 Minute Entry for proceedings held before Magistrate Judge Roy Percy: Case Management Conference continued. (rtc)
February 21, 2024 Filing 17 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Todd Todd Burwell on behalf of Ally Financial, Inc.. (Burwell, Todd)
February 21, 2024 Set Deadlines/Hearings: Ally Financial, Inc. answer due 3/8/2024, see Order #16 . (jla)
February 20, 2024 Opinion or Order Filing 16 ORDER granting #15 Motion for Extension of Time. Signed by Magistrate Judge Roy Percy on 2/20/24. (rrh)
February 16, 2024 Filing 15 Second MOTION for Extension of Time to File Answer by Ally Financial, Inc.. (Burwell, Todd) Modified on 2/21/2024 (jla).
February 16, 2024 Filing 14 ANSWER to State Court Complaint by General Motors, LLC. (Smith, Bradley)
February 7, 2024 Filing 13 NOTICE OF SERVICE of Plaintiff's Initial Disclosures by Daniel D. Ware on behalf of Johnny Todd, Melissa Todd to Defendants. (Ware, Daniel)
February 2, 2024 Filing 12 NOTICE of Attorney Appearance by Michael Joseph Stirgus on behalf of General Motors, LLC (Stirgus, Michael)
February 1, 2024 Filing 11 DISCLOSURE STATEMENT filed by General Motors, LLC . (Smith, Bradley)
January 29, 2024 Filing 10 JOINDER re #1 Notice of Removal,,,, filed by General Motors, LLC . (Smith, Bradley)
January 26, 2024 Filing 9 STATE COURT RECORD - REMOVAL. (Attachments: #1 State Court Complaint, #2 Civil Cover Sheet, #3 Summons General Motors, #4 Summons Ally Financial, #5 Summons Proof of Service re General Motors, #6 Summons Proof of Service re Ally Financial, #7 Notice of Filing Notice of Removal) (Burwell, Todd)
January 26, 2024 CLERK'S NOTICE re #1 Notice of Removal; Attorney to file State Court Record as required by L.U.Civ.R. 5(b). (jla)
January 19, 2024 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to Answer re #7 MOTION for Extension of Time to File Answer re #2 Complaint - State Court Ally Financial, Inc. answer due 2/18/2024. Signed by Magistrate Judge Roy Percy on 1/19/24. (bnd)
January 18, 2024 Filing 7 MOTION for Extension of Time to File Answer re #2 Complaint - State Court by Ally Financial, Inc.. (Attachments: #1 Exhibit A - Email) (Burwell, Todd)
January 18, 2024 Filing 6 DISCLOSURE STATEMENT filed by Johnny Todd, Melissa Todd . (Ware, Daniel)
January 17, 2024 Opinion or Order Filing 5 INITIAL ORDER - RULE 16.1 Case Management Conference set for 2/28/2024 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 1/17/24. (rtc)
January 17, 2024 Filing 4 DISCLOSURE STATEMENT filed by Ally Financial, Inc. , Amended. (Burwell, Todd)
January 12, 2024 Filing 3 DISCLOSURE STATEMENT filed by Ally Financial, Inc. . (Burwell, Todd)
January 12, 2024 Filing 2 STATE COURT COMPLAINT against Ally Financial, Inc., General Motors, LLC, filed by Melissa Todd and Johnny Todd. (lgm)
January 12, 2024 Filing 1 NOTICE OF REMOVAL by Ally Financial, Inc. from County Court of Desoto County, Mississippi, case number CO2023-3216CI. ( Filing fee $ 405 receipt number AMSNDC-2341913) Pursuant to Local Uniform Civil Rule 5(b) and the Administrative Procedures for Electronic Case Filing for the Northern District of Mississippi, the removing defendant must electronically file a copy of the entire state court record within 14 days of the date of removal. The state court record will be filed using the event State Court Record - Removal. Attach the Notice/Certificate of Filing State Court Record as the main document with each state court document attached as a separate PDF. All attachments must be clearly identified. The state court record can not be filed conventionally. filed by Ally Financial, Inc. (Attachments: #1 Exhibit A - State Court Case, #2 Exhibit Retail Installment Sales Contract, #3 Exhibit C - Notice of Removal, #4 Civil Cover Sheet) (lgm)
January 12, 2024 NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Percy. (lgm)
January 12, 2024 CLERK'S NOTICE: F.R.C.P. 7.1(a)(2) requires all parties in a diversity action to file a disclosure statement at the time of the initial appearance and/or pleading. The disclosure statement must name and disclose the citizenship of every individual or entity whose citizenship is attributed to that party. Please use the civil event Disclosure Statement to file the required disclosure statement. (lgm)

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Plaintiff: Melissa Todd
Represented By: Daniel D. Ware
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Plaintiff: Johnny Todd
Represented By: Daniel D. Ware
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Defendant: Ally Financial, Inc.
Represented By: Todd Todd Burwell
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Defendant: General Motors, LLC
Represented By: Bradley Witherspoon Smith
Represented By: Michael Joseph Stirgus
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