Rivero v. Natchez Powersports, LLC et al
Plaintiff: Whitney Rivero
Defendant: Natchez Powersports, LLC, BRP US, Inc. and John Doe Defendants one through ten
Case Number: 5:2024cv00009
Filed: February 2, 2024
Court: US District Court for the Southern District of Mississippi
Presiding Judge: David C Bramlette
Referring Judge: Bradley W Rath
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2024 Filing 18 Response in Opposition re #10 MOTION to Remand to State Court by Whitney Rivero (Malta, F.) filed by BRP US, Inc. (Attachments: #1 Exhibit Moore Affidavit, #2 Exhibit Breen Affidavit)(Montgomery, Lemuel)
March 15, 2024 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File Response re #16 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Motion to Remand. Response due by 3/22/2024. Reply due by 3/29/2024. Signed by District Judge David C. Bramlette, III on March 15, 2024. (lda)
March 14, 2024 Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Remand by BRP US, Inc. (Montgomery, Lemuel)
March 14, 2024 DOCKET ANNOTATION as to #16 : Attorney is reminded to include the judges' initials in future filings, 5:24cv9-DCB-BWR. (KNS)
March 11, 2024 Filing 15 RESPONSE in Support re #7 MOTION to Dismiss filed by Natchez Powersports, LLC (Thomas, Sam)
March 5, 2024 DOCKET ANNOTATION as to #14 : Incorrect linkage made. Memorandum should be linked to Motion to Dismiss. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (KNS)
March 4, 2024 Filing 14 MEMORANDUM IN SUPPORT re #13 Response in Opposition to #7 Motion to Dismiss filed by Whitney Rivero (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Certified Report of Ed Beard, #3 Exhibit C - Affidavit of Mark Ezra, #4 Exhibit D - Affidavit of William Moore, #5 Exhibit E - Affidavit of Casey Breen)(Malta, F.) Modified on 3/5/2024 (KNS).
March 4, 2024 Filing 13 RESPONSE in Opposition re #7 MOTION to Dismiss filed by Whitney Rivero (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Certified Report of Ed Beard, #3 Exhibit C - Affidavit of Mark Ezra, #4 Exhibit D - Affidavit of William Moore, #5 Exhibit E - Affidavit of Casey Breen)(Malta, F.)
March 4, 2024 Opinion or Order TEXT ONLY ORDER Cancelling Hearing. In light of the Motion to Remand #10 , the Telephonic Case Management Conference set for 3/27/2024 before Magistrate Judge Bradley W. Rath is hereby CANCELLED. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 3/4/2024 (AB)
March 4, 2024 Opinion or Order TEXT ONLY ORDER STAYING DISCOVERY. Pursuant to Local Uniform Civil Rule 16(b)(1)(B), the attorney conference, disclosure requirements, and all discovery are stayed, pending ruling on Plaintiff's Motion to Remand #10 . NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 3/4/24 (HM)
March 2, 2024 Filing 12 NOTICE of Appearance by Kathleen I. Carrington on behalf of BRP US, Inc. (Carrington, Kathleen)
March 1, 2024 Filing 11 MEMORANDUM in Support re #10 MOTION to Remand to State Court filed by Whitney Rivero (Attachments: #1 Exhibit A - Certified Report of Ed Beard, #2 Exhibit B - Affidavit of Mark Ezra, #3 Exhibit C - Affidavit of Lewis Watt, #4 Exhibit D - Verified Complaint)(Malta, F.)
March 1, 2024 Filing 10 MOTION to Remand to State Court by Whitney Rivero (Malta, F.)
February 20, 2024 Filing 9 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 3/27/2024 at 9:00 AM before Magistrate Judge Bradley W. Rath. (AB)
February 19, 2024 Filing 8 MEMORANDUM IN SUPPORT re #7 MOTION to Dismiss filed by Natchez Powersports, LLC (Thomas, Sam)
February 19, 2024 Filing 7 MOTION to Dismiss by Natchez Powersports, LLC (Attachments: #1 Exhibit Verified Complaint, #2 Exhibit Answer and Defenses of Natchez Powersports, #3 Exhibit Notice of Removal filed 2/2/24, #4 Exhibit Notice of Removal filed 10/7/21, #5 Exhibit Plaintiff's Memorandum of Law In Support of Motion to Remand, #6 Exhibit Memorandum Opinion and Order Granting Plaintiff's Motion to Remand and Remanding Case to State Court, #7 Exhibit BRP's Responses to Plaintiff's First Set of Interrogatories)(Thomas, Sam)
February 16, 2024 Filing 6 State Court Record by Defendant BRP US, Inc. Volumes 1 (Montgomery, Lemuel) (Main Document 6 replaced on 2/16/2024 with Exhibit to the Complaint) (CO). Modified on 2/16/2024 (CO).
February 5, 2024 Filing 5 ANSWER to Complaint by Natchez Powersports, LLC.(Thomas, Sam)
February 5, 2024 Filing 4 NOTICE of Appearance by Owen Patrick Terry on behalf of Natchez Powersports, LLC (Terry, Owen)
February 5, 2024 Filing 3 NOTICE of Appearance by Sam S. Thomas on behalf of Natchez Powersports, LLC (Thomas, Sam)
February 5, 2024 Filing 2 ANSWER to Complaint with Jury Demand by BRP US, Inc..(Montgomery, Lemuel)
February 2, 2024 Filing 1 NOTICE OF REMOVAL by BRP US, Inc. from Circuit Court of Adams County, Mississippi, case number 23-83. (Filing fee $ 405 receipt number AMSSDC-5327843) 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 Civil Cover Sheet, #2 Exhibit A - Adams County Complaint, #3 Exhibit B - Lawrence County Complaint, #4 Exhibit C - Lawrence County Dismissal, #5 Exhibit D - Pls Resp to First Rogs, #6 Exhibit E - Pls Resp to First RFP, #7 Exhibit F - 2023 Corp Annual Report, #8 Exhibit G - Moore Affidavit, #9 Exhibit H - Breen Affidavit, #10 Exhibit I - Adams County Answer)(VM)

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Plaintiff: Whitney Rivero
Represented By: F. Gregory Malta
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Defendant: Natchez Powersports, LLC
Represented By: Sam S. Thomas
Represented By: Owen Patrick Terry
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Defendant: BRP US, Inc.
Represented By: Lemuel E. Montgomery, III
Represented By: Kathleen I. Carrington
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Defendant: John Doe Defendants one through ten
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