Dyess v. Hernandez Consulting, Inc. et al
Plaintiff: Michelle Dyess
Defendant: Hernandez Consulting, Inc., Hernandez Consulting & Construction, Ross Hutchinson and John or Jane Does 1-5
Case Number: 1:2023cv00005
Filed: January 6, 2023
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Halil S Ozerden
Referring Judge: Bradley W Rath
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2023 Filing 21 MOTION for Jefferson R. Tillery to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5057914) by Hernandez Consulting, Inc. (Attachments: #1 Exhibit A Application for Admission)(Stone, Adam)
February 27, 2023 Filing 20 NOTICE of Service of (to Ross Hutchinson) Request for Production by Michelle Dyess (Tynes, Douglas)
February 27, 2023 Filing 19 NOTICE of Service of (to Ross Hutchinson) Interrogatories by Michelle Dyess (Tynes, Douglas)
February 27, 2023 Filing 18 NOTICE of Service of (to Hernandez Consulting, Inc.) Request for Production by Michelle Dyess (Tynes, Douglas)
February 27, 2023 Filing 17 NOTICE of Service of (to Hernandez Consulting, Inc.) Interrogatories by Michelle Dyess (Tynes, Douglas)
February 17, 2023 Opinion or Order Filing 16 CASE MANAGEMENT ORDER: Plaintiff's Disclosure due by 2/17/2023. Jury Trial set for a three week trial calendar beginning on 2/5/2024 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 1/16-18/2024 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 8/4/2023. Motions for Amended Pleadings due by 3/20/2023. Motions for Joinder of Parties due by 3/20/2023. Designate Experts Plaintiff Deadline due by 4/5/2023. Designate Experts for Defendant Deadline due by 5/5/2023. Motions due by 8/18/2023. Settlement Conference set for 9/25/2023 at 1:30 PM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath. ADR Report due by 1/9/2024. Proposed Pretrial Order due by 1/16/2024. EDT: 4-5 days. Parties do not consent. Signed by Magistrate Judge Bradley W. Rath on 2/17/2023 (AB)
February 17, 2023 Opinion or Order Filing 15 AGREED PROTECTIVE ORDER, resolving Defendant Ross Hutchinson's #10 Motion to Stay Litigation in Whole or Part or, in the alternative, for a Protective Order. Signed by Magistrate Judge Bradley W. Rath on 2/17/23 (HM)
February 17, 2023 Filing 14 NOTICE of Service of Initial Discovery Disclosure by Michelle Dyess (Tynes, Douglas)
February 17, 2023 Minute Entry for proceedings held before Magistrate Judge Bradley W. Rath: Telephonic Case Management Conference held on 2/17/2023. PARTICIPANTS: Douglas L. Tynes, Jr. (counsel for Plaintiff); Adam Stone and Justin J. Marocco - PHV (counsel for Defendant Hernandez Consulting, Inc.); Danny J. Collier, Jr. (counsel for Defendant Ross Hutchinson). A Case Management Order will be entered. (AB)
February 10, 2023 Filing 13 NOTICE of Service of Defendant's Rule 26(a)(1)(A) Initial Disclosure by Ross Hutchinson (Collier, Danny)
February 10, 2023 DOCKET ANNOTATION as to #10. This document requests two motion reliefs. Each motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as clerk has made the necessary correction by adding the alternative relief for "Protective Order". Attorney is advised to follow this procedure in future filings. DOCKET ANNOTATION as to #11: Counsel should include the exhibit letter in the description of each exhibit in future filings. Clerk has made the correction. DOCKET ANNOTATION as to #12: Incorrect document attached. Per L.U.Civ.R. 5.(d)(1), pre-discovery disclosure of core information should not be filed with the clerk. Only a notice of service of pre-discovery disclosure [Official Form No. 2(c)] should be filed with the Court. Attorney is directed to file a Notice of Service of Disclosure. Document #12 will be disregarded. (wld)
February 9, 2023 Filing 12 (DISREGARD)NOTICE of Service of Rule 26(a)(1)(A) Initial Disclosure by Ross Hutchinson (Collier, Danny) Modified on 2/10/2023 (wld).
February 9, 2023 Filing 11 MEMORANDUM in Support re #10 MOTION to Stay Case in Whole or in Part or, in the Alternative, for a Protective Order (Disputed) filed by Ross Hutchinson (Attachments: #1 Exhibit A: Indictment, #2 Exhibit B: Notice of Trial)(Collier, Danny) Modified on 2/10/2023 (wld).
February 9, 2023 Filing 10 MOTION to Stay Case in Whole or in Part or, in the Alternative, for a Protective Order (Disputed) by Ross Hutchinson (Collier, Danny). Added MOTION for Protective Order on 2/10/2023 (wld).
January 17, 2023 Filing 9 NOTICE of Rule 4 Summons Executed as to Defendant, Ross Hutchinson by Michelle Dyess (Attachments: #1 Exhibit A - Executed Summons for Ross Hutchinson)(Tynes, Douglas)
January 17, 2023 Filing 8 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 2/17/2023 at 9:30 AM before Magistrate Judge Bradley W. Rath. (AB)
January 17, 2023 DOCKET ANNOTATION as to #6. Incorrect event code selected. Counsel should have selected "Answer to Complaint (Notice of Removal)" which can be found under "Other Answers". Counsel does not need to refile. (wld)
January 13, 2023 Filing 7 Corporate Disclosure Statement by Hernandez Consulting, Inc. (Stone, Adam)
January 13, 2023 Filing 6 Hernandez Consulting Inc.'s ANSWER to Complaint and Affirmative Defenses by Hernandez Consulting, Inc..(Stone, Adam)
January 13, 2023 Filing 5 State Court Record by Defendant Hernandez Consulting, Inc. (Marocco - PHV, Justin)
January 12, 2023 Filing 4 NOTICE of Rule 4 Summons Executed as to Defendant, Hernandez Consulting, Inc. by Michelle Dyess (Attachments: #1 Exhibit A - Executed Summons for Hernandez Consulting, Inc.)(Tynes, Douglas)
January 11, 2023 Opinion or Order TEXT ONLY ORDER granting #3 Motion to Appear Pro Hac Vice. That Attorney Justin J. Marocco be admitted pro hac vice in this case on behalf of Defendant Hernandez Consulting, Inc. in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Bradley W. Rath on 1/11/2023 (AB)
January 11, 2023 DOCKET ANNOTATION as to #3. Counsel should include the case number on future filings. Counsel does not need to refile. (wld)
January 10, 2023 Filing 3 MOTION for Justin J. Marocco to Appear Pro Hac Vice by Hernandez Consulting, Inc. (Attachments: #1 Attachment Certificate of Good Standing)(Stone, Adam)
January 10, 2023 DOCKET ANNOTATION as to #2. Incorrect event code selected. Counsel should have selected "Answer to Complaint (Notice of Removal)" which can be found under "Other Answers". Counsel does not need to refile. (wld)
January 10, 2023 Pro Hac Vice fee paid for Justin J. Marocco receipt number AMSSDC-5020018 $ 100 (Stone, Adam)
January 9, 2023 Filing 2 ANSWER to Complaint by Ross Hutchinson.(Collier, Danny)
January 6, 2023 Filing 1 NOTICE OF REMOVAL by Hernandez Consulting, Inc. from Jackson County Circuit Court, case number 22-00,213. Lower court jury demand. (Filing fee $ 402; receipt number 5017040) 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, #2 Exhibit 2 - Consent to Removal, #3 Civil Cover Sheet)(JCH)

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Defendant: Hernandez Consulting, Inc.
Represented By: Adam Stone
Represented By: Justin J. Marocco - PHV
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Defendant: Hernandez Consulting & Construction
Represented By: Adam Stone
Represented By: Justin J. Marocco - PHV
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Defendant: Ross Hutchinson
Represented By: Danny J. Collier, Jr.
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Defendant: John or Jane Does 1-5
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Plaintiff: Michelle Dyess
Represented By: Douglas L. Tynes, Jr.
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