Jones v. Higgins et al
Plaintiff: Talmage Lee Jones, Jr.
Defendant: Jason Anthony Higgins, G & R Trucking Company, Inc. and Clayton Homes, Inc.
Case Number: 1:2016cv00409
Filed: December 28, 2016
Court: US District Court for the Western District of North Carolina
Office: Asheville Office
County: Swain
Presiding Judge: Dennis Howell
Presiding Judge: Martin Reidinger
Nature of Suit: Motor Vehicle
Cause of Action: 28:1441 Notice of Removal-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
May 17, 2018 Opinion or Order Filing 112 CLERK'S JUDGMENT is hereby entered against Defendants G & R Trucking Co., Inc. and Jason Anthony Higgins in the amount of fifty thousand dollars ($50,000.00), plus reasonable costs accrued by Plaintiff up to and including May 15, 2018, pursuant to Rule 68(a), Fed. R. Civ. P. Signed by Clerk, Frank G. Johns. (ejb)
May 9, 2018 Opinion or Order Filing 110 ORDER GRANTING IN PART Defendants' 104 Motion for Relief from Judgment. The Court will Order that both Judgments 102 , 103 be rescinded and of no force and effect. See Order for further details and instruction. Signed by Magistrate Judge Dennis Howell on 5/8/2018. (kby)
March 21, 2018 Opinion or Order Filing 103 CLERK'S JUDGMENT is hereby entered against Defendant G & R Trucking Co., Inc. in the amount of fifty thousand dollars ($50,000.00), pursuant to Rule 68(a), Fed. R. Civ. P. Signed by Clerk, Frank G. Johns. (kby)
March 19, 2018 Opinion or Order Filing 101 ORDER denying 98 Motion for Relief from Judgment Taken from February 15, 2018 Offer of Judgment. Signed by Magistrate Judge Dennis Howell on 3/19/2018. (kby)
March 5, 2018 Opinion or Order Filing 97 ORDER that a Status Conference be set for 3/16/2018 11:00 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. The attorney(s) from each party need only be present, including any attorney of any party who believes it has settled its portion of the case. See Order for further information. Signed by Magistrate Judge Dennis Howell on 3/5/2018. (kby)
February 22, 2018 Opinion or Order Filing 89 ORDER directing all counsel and the parties to appear at 11:15 AM on February 23, 2018. If a party fails to appear, the Court will consider further action. Signed by Magistrate Judge Dennis Howell on 2/22/2018. (kby)
February 16, 2018 Opinion or Order Filing 86 ORDER re: 84 Motion to Continue 2/27/2018 Hearing: The Court DIRECTS all parties to confer and jointly propose an alternate date, or set forth their respective positions if there is a disagreement. Response due by 2/20/2018. Signed by Magistrate Judge Dennis Howell on 2/15/2018. (maf)
February 12, 2018 Opinion or Order Filing 82 ORDER granting 75 , 79 Motions to Substitute Party. Judy E. Jones as Executor of the Estate of Talmage Lee Jones Jr., deceased, is hereby substituted as plaintiff. Signed by Magistrate Judge Dennis Howell on 2/12/2018. (maf) (Main Document 82 replaced on 2/12/2018 with correct image. NEF Regenerated.) (maf)
February 6, 2018 Opinion or Order Filing 74 ORDER directing Clerk of Court seal the Attachment #1 of 73 Suggestion of Death filed by deceased Pltf's Attorney of Record; in that an attorney for a deceased party does not have the authority to make the suggestion of death because he is not himself a party to the action and, since his authority to represent the deceased terminated on the death, a proper suggestion of death must be filed by Defts or personal representative of Pltf's estate. Signed by Magistrate Judge Dennis Howell on 2/06/2018. (ejb)
January 25, 2018 Opinion or Order Filing 71 ORDER: Defendants Higgins and G & R Trucking Company, Inc., shall respond to Defendant CMH Manufacturing, Inc.'s 70 Motion for Sanctions and to Compel by 2/2/2018. Counsel for all parties shall appear be fore the Court on 2/6/2018 at 2:00 p.m. in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell to hear motions # 54 , # 62 , and # 70 . Signed by Magistrate Judge Dennis Howell on 1/25/2018. (maf) Modified on 1/25/2018 to include Courtroom Number. NEF Regenerated. (maf)
January 16, 2018 Opinion or Order Filing 69 ORDER denying without prejudice 68 Motion to Compel. Defendant CMH Manufacturing, Inc. may refile a motion along with a separate brief concerning the relief sought. Signed by Magistrate Judge Dennis Howell on 01/16/18. (emw)
November 27, 2017 Opinion or Order Filing 58 ORDER dismissing without prejudice 57 Motion for Sanctions, and Deft CMH may refile its motion and separately file its memorandum in support. Signed by Magistrate Judge Dennis Howell on 11/27/2017. (ejb)
June 16, 2017 Opinion or Order Filing 35 ORDER denying 33 Notice of Substitution of Counsel of Isaac N. Northup, Jr. and it is Ordered that Elizabeth C. Franks shall, on or before July 5, 2017, file with the Court either a statement of her intention to continue to represent G & R. Trucking Company, Inc. or that she file a motion to withdraw. Signed by Magistrate Judge Dennis Howell on 6/16/2017. (kby)
March 6, 2017 Opinion or Order Filing 14 ORDER granting 13 Consent MOTION to Substitute Party; and directing the Clerk substitute CMH Manufacturing, Inc. as Deft in this action for Clayton Homes, Inc. Deft CMH Manufacturing, Inc. to answer or otherwise respond to Amended Complaint 14 days from entry of this Order. CMH Manufacturing, Inc.'s Answer due 3/20/2017. Signed by Magistrate Judge Dennis Howell on 3/6/17. (ejb)
January 13, 2017 Opinion or Order Filing 6 ORDER granting 5 MOTION to Amend Complaint and Plaintiff shall have ten (10) days from the entry of this Order to file his Amended Complaint. Signed by Magistrate Judge Dennis Howell on 1/13/2017. (kby)
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Plaintiff: Talmage Lee Jones, Jr.
Represented By: Mark Russell Melrose
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Defendant: Jason Anthony Higgins
Represented By: John E. Spainhour
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Defendant: G & R Trucking Company, Inc.
Represented By: Elizabeth C. Franks
Represented By: John E. Spainhour
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Defendant: Clayton Homes, Inc.
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