Moore v. Estate of Brooke Posey et al
Plaintiff: Zachary Moore
Defendant: Estate of Brooke Posey, Ernest Posey, Administrator and Fictitious Defendants 1-18
Consolidated Defendant: USAA Casualty Insurance Company
Consolidated Plaintiff: Ernest Posey
Case Number: 1:2018cv00327
Filed: October 10, 2018
Court: US District Court for the Southern District of Mississippi
Presiding Judge: John C Gargiulo
Referring Judge: Halil S Ozerden
2 Judge: Keith Starrett
3 Judge: Robert H Walker
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2018 Opinion or Order Filing 15 ORDER OF RECUSAL. Magistrate Judge John C. Gargiulo recused. Case reassigned to Magistrate Judge Robert H. Walker for all further proceedings Signed by Magistrate Judge John C. Gargiulo on 12/6/2018 (wld)
December 6, 2018 Counsel should use the newly assigned Judges' initials on future filings. 1:18cv327KS-RHW. (wld)
December 4, 2018 Opinion or Order Filing 14 ORDER OF RECUSAL. District Judge Halil S. Ozerden recused. Case reassigned to District Judge Keith Starrett for all further proceedings. Signed by District Judge Halil S. Ozerden on 12/4/18. (JCH) Modified to correct judge assignment on 12/4/2018 (JCH).
December 4, 2018 DOCKET ANNOTATION as to # 14. Clerk's Office has modified the Order of Recusal entry to state that this case has been reassigned to District Judge Keith Starrett. The case number with judge assignment that should be listed on all future filings is 1:18cv327 KS-JCG. (JCH)
November 30, 2018 Filing 13 NOTICE of Appearance by Keith B. Franklin on behalf of USAA Casualty Insurance Company (Franklin, Keith)
November 29, 2018 Opinion or Order Filing 12 ORDER AMENDING CASE CAPTION AND ADDING COUNSEL FOR CONSOLIDATED PLAINTIFF AND CONSOLIDATED DEFENDANTS Signed by Magistrate Judge John C. Gargiulo on 11/29/2018 (wld)
November 29, 2018 Filing 11 AMENDED DOCUMENT by Estate of Brooke Posey, Ernest Posey, Administrator. Amendment to #1 Notice of Removal,,, (Attachments: #1 Exhibit 1 - Complaint in Moore v. Posey Suit 18-cv-150, #2 Exhibit 2 - Demand Letter, #3 Exhibit 3 - Declarations Page, #4 Exhibit 4 - Police Report, #5 Exhibit 5 - Medical Records, #6 Exhibit 6 - Ernest Posey Administrator Order, #7 Exhibit 7 - Complaint in Posey v. Moore Suit 18-cv-45)(Demosthenidy, Laurent)
November 28, 2018 Opinion or Order TEXT ONLY ORDER granting Estate of Brooke Posey's #10 unopposed Motion for Leave to File Amended Notice of Removal. The Amended Notice of Removal must be filed on or before 11/30/2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 11/28/2018 (HM)
November 28, 2018 NOTICE of CANCELLED Calendar Setting. The Telephonic Case Management Conference set for 12/17/2018 before Magistrate Judge John C. Gargiulo is hereby CANCELLED pending further setting of the Court. (AB)
November 27, 2018 Docket Annotation as to Doc. #10. Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (wld)
November 26, 2018 Filing 10 Ex Parte MOTION for Leave to File Amended Notice of Removal by Estate of Brooke Posey, Ernest Posey, Administrator (Attachments: #1 Proposed Order, #2 Exhibit A - State Court Consolidation Order, #3 Exhibit B - Proposed pleading (Amended Notice of Removal), #4 Exhibit 1 to Amended Notice of Removal, #5 Exhibit 2 to Amended Notice of Removal, #6 Exhibit 3 to Amended Notice of Removal, #7 Exhibit 4 to Amended Notice of Removal, #8 Exhibit 5 to Amended Notice of Removal, #9 Exhibit 6 to Amended Notice of Removal, #10 Exhibit 7 to Amended Notice of Removal)(Demosthenidy, Laurent)
November 15, 2018 DOCKET ANNOTATION as to #7,8, & 9. Counsel incorrectly added parties to this case that were not listed in the caption of the notice of removal or the attached state court complaint. Clerk will delete the parties per chambers. (wld)
November 14, 2018 Filing 9 NOTICE of Appearance by Katie R. Van Camp on behalf of Zackary Moore (Van Camp, Katie)
November 14, 2018 Filing 8 NOTICE of Appearance by Edward Coleman Taylor on behalf of Zackary Moore (Taylor, Edward)
November 14, 2018 Filing 7 NOTICE of Appearance by George W. Healy, IV on behalf of Ernest Posey, Wrongful Death Beneficiaries of Brooke E. Posey, Heirs At Law Of Brooke E. Posey (Healy, George)
November 13, 2018 Filing 6 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 12/17/2018 at 9:30 AM before Magistrate Judge John C. Gargiulo. (AB)
November 8, 2018 Filing 5 ANSWER to Complaint with Jury Demand by Estate of Brooke Posey, Ernest Posey, Administrator.(Demosthenidy, Laurent)
November 8, 2018 Docket Annotation as to Doc. #5. Incorrect event chosen. This document should have been docketed as "Answer to Complaint (Notice of Removal)". The event code can be found under "Other Answers". Counsel does not need to re-file. (wld)
October 11, 2018 Filing 4 NOTICE of filing sate court notice of removal by Estate of Brooke Posey, Ernest Posey, Administrator (Attachments: #1 State court notice of removal)(Demosthenidy, Laurent)
October 11, 2018 Filing 3 NOTICE with List of Parties and Counsel by Estate of Brooke Posey, Ernest Posey, Administrator (Demosthenidy, Laurent)
October 11, 2018 Filing 2 State Court Record by Defendant Estate of Brooke Posey, Ernest Posey, Administrator (Attachments: #1 Exhibit 1, record in 24CI1:18-cv-150, #2 Exhibit 2 (part 1), record in 24CI1:18-cv-45, #3 Exhibit 2 (part 2), record in 24CI1:18-cv-45, #4 Exhibit 2 (part 3), record in 24CI1:18-cv-45, #5 Exhibit 2 (part 4), record in 24CI1:18-cv-45, #6 Exhibit 2 (part 5), record in 24CI1:18-cv-45, #7 Exhibit 2 (part 6), record in 24CI1:18-cv-45, #8 Exhibit 2 (part 7), record in 24CI1:18-cv-45, #9 Exhibit 2 (part 8), record in 24CI1:18-cv-45)(Demosthenidy, Laurent)
October 10, 2018 Filing 1 NOTICE OF REMOVAL by Estate of Brooke Posey, Ernest Posey, Administrator from Circuit Court of Harrison County, Mississippi, First Judicial District, case number A2401-2018-150. ( Filing fee $ 400 receipt number 0538-3829910) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit 1-Complaint and Summons Served on Defendant, #2 Exhibit 2-Demand Letter, #3 Exhibit 3-Insurance Declarations, #4 Exhibit 4-Police Report, #5 Exhibit 5-Medical Records, #6 Exhibit 6-E. Posey Administrator, #7 Civil Cover Sheet)(wld)

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Plaintiff: Zachary Moore
Represented By: Ian A. Brendel
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Defendant: Estate of Brooke Posey, Ernest Posey, Administrator
Represented By: Laurent J. Demosthenidy
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Defendant: Fictitious Defendants 1-18
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Consolidated defendant: USAA Casualty Insurance Company
Represented By: Keith B. Franklin
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Consolidated plaintiff: Ernest Posey
Represented By: George W. Healy, IV
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