Shelton v. McKinney et al
Plaintiff: Mary Ruth Shelton
Defendant: John Doe Defendants Nos. 1 through No.10, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC, Steven McKinney and Overnight Parts Alliance, LLC
Case Number: 3:2021cv00375
Filed: June 1, 2021
Court: US District Court for the Southern District of Mississippi
Presiding Judge: F Keith Ball
Referring Judge: Daniel P Jordan
2 Judge: Tom S Lee
3 Judge: Robert P Myers
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2021 Opinion or Order Filing 12 ORDER: IT IS THEREFORE ORDERED AND ADJUDGED that the defendants' unopposed #3 motion to consolidate for all purposes in accord with Federal Rule of Civil Procedure 42(a)(2) is GRANTED. The same motions filed in the other eight cases listed above are also GRANTED. In accordance with the local rules of the Court, the lowest numbered case, Gonzales, et al. v. Overnight Parts Alliance, LLC, et al., 3:20CV536TSLRPM shall be the lead case, and that cause number and style may be used for future pleadings for all cases. Moreover, the Clerk of the Court is directed to make the appropriate revisions to the docket of these cases. Finally, the parties must refile any other currently outstanding motions in the docket for the leading case. Signed by Magistrate Judge Robert P. Myers, Jr. on 07/22/2021 (CO)
July 21, 2021 Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Telephone Conference held on 7/21/2021 with attorneys John Hunter Stevens, Robert G. Germany, Gene T. Moore, Thomas O. Cooley, Merrida P. Coxwell Jr., Erin J. Rogiers, C. Michael Ellingburg and Jack Bethany, III. By agreement of the parties, the Court will enter an order of consolidation for all purposes. (SR)
July 20, 2021 Opinion or Order Filing 11 ORDER granting #8 Motion for Admission Pro Hac Vice; granting #9 Motion for Admission Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on July 20, 2021 (King, Steve)
July 20, 2021 Reset Hearings: Telephone Conference RESET DUE TO A CONFLICT WITH ATTORNEY ROBERT G. GERMANY'S SCHEDULE for 7/21/2021 02:30 PM before Magistrate Judge Robert P. Myers Jr. Defendant will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR)
July 19, 2021 Filing 10 STIPULATION of Dismissal as to Defendant, Penske Truck Leasing Co., L.P. by Mary Ruth Shelton (Coxwell, Merrida)
July 19, 2021 Opinion or Order TEXT-ONLY ORDER cancelling telephonic case management conference set for August 11, 2021. This conference will be reset by Judge Myers. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 7/19/2021. (JEJ)
July 19, 2021 NOTICE of Hearing: Telephone Conference set for 7/21/2021 09:00 AM before Magistrate Judge Robert P. Myers Jr. Defendant will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR)
July 14, 2021 Filing 9 MOTION Admission Pro Hac Vice of Francisco Guerra, IV by Mary Ruth Shelton (Attachments: #1 Attachment Certificate of Admission to the Bar of Texas)(Coxwell, Merrida)
July 14, 2021 Filing 8 MOTION Admission Pro Hac Vice of Erin J. Rogiers by Mary Ruth Shelton (Attachments: #1 Attachment Certificate of Admission to the Bar of Texas, #2 Attachment Certificate of Admission to the Bar of New Mexico)(Coxwell, Merrida)
July 14, 2021 Opinion or Order Filing 7 ORDER TO REASSIGN. Case Reassigned to District Judge Tom S. Lee and Magistrate Judge Robert P. Myers, Jr. Chief District Judge Daniel P. Jordan, III, Magistrate Judge F. Keith Ball no longer assigned to the case. Signed by Chief District Judge Daniel P. Jordan, III on 07/14/2021 (KNS)
July 14, 2021 Attorneys/Parties are advised to include the case number and new judge assignment of 3:21-cv-375-TSL-RPM on future filed pleadings. (KNS)
July 14, 2021 Pro Hac Vice fee paid for Erin J. Rogiers receipt number AMSSDC-4607399 $ 100 (Coxwell, Merrida)
July 14, 2021 Case Reassigned to District Judge Tom S. Lee and Magistrate Judge Robert P. Myers, Jr. Chief District Judge Daniel P. Jordan, III, Magistrate Judge F. Keith Ball no longer assigned to the case. (KNS)
July 14, 2021 Pro Hac Vice fee paid for Francisco Guerra, IV receipt number AMSSDC-4607437 $ 100 (Coxwell, Merrida)
July 13, 2021 Filing 6 Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/11/2021 09:00 AM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ)
July 8, 2021 Filing 5 MEMORANDUM IN SUPPORT re #4 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Penske Truck Leasing Co., L.P. (Ellingburg, C.)
July 8, 2021 Filing 4 MOTION to Dismiss Pursuant to Rule 12(b)(6) by Penske Truck Leasing Co., L.P. (Ellingburg, C.)
July 2, 2021 DOCKET ANNOTATION as to 3 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.). (CO) (CO)
July 1, 2021 Filing 3 MOTION to Consolidate Cases for Discovery Purposes Only by Steven McKinney, Overnight Parts Alliance, LLC, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC (Attachments: #1 Exhibit Ellingburg Email, #2 Exhibit Stevens Email, #3 Exhibit Germany Email, #4 Exhibit Lott Email, #5 Exhibit Coxwell Email, #6 Exhibit Proposed Order)(Ellingburg, C.)
June 28, 2021 Filing 2 ANSWER to #1 Complaint, by Steven McKinney, Overnight Parts Alliance, LLC, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC.(Ellingburg, C.)
June 1, 2021 Filing 1 COMPLAINT, WITH JURY DEMAND, against John Doe Defendants Nos. 1 through No.10, Steven McKinney, Overnight Parts Alliance, LLC, Penske Truck Leasing Co., L.P., Wholesale Parts Alliance, LLC ( Filing fee $ 402 receipt number 0538-4567156), filed by Mary Ruth Shelton. (Attachments: #1 Civil Cover Sheet)(PKM)

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Plaintiff: Mary Ruth Shelton
Represented By: Merrida P. Coxwell, Jr.
Represented By: Erin J. Rogiers - PHV
Represented By: Francisco Guerra - PHV, IV
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Defendant: John Doe Defendants Nos. 1 through No.10
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Defendant: Penske Truck Leasing Co., L.P.
Represented By: C. Michael Ellingburg
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Defendant: Wholesale Parts Alliance, LLC
Represented By: C. Michael Ellingburg
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Defendant: Steven McKinney
Represented By: C. Michael Ellingburg
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Defendant: Overnight Parts Alliance, LLC
Represented By: C. Michael Ellingburg
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