Foster v. Casey Industrial, Inc. et al.
| Michael Foster |
| Casey Industrial, Inc., Darrell Eads, Jr., Progressive Specialty Insurance Company and Fictitious Defendants A, B, and C |
| 3:2022cv00221 |
| April 13, 2022 |
| US District Court for the Eastern District of Virginia |
| Henry E Hudson |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury/ Motor Vehicle |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2022. A more recent docket listing may be available from PACER.
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Filing 32
ORDER (Granting Motion to Transfer and Denying Motion to Dismiss Without Prejudice). For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Plaintiff's Motion to Transfer to the Northern District of Alabama is GRANTED, and Plaintiff's Motion to Dismiss Without Prejudice in the alternative is DENIED, (ECF No. #27 ). The Court hereby ORDERS that this case is TRANSFERRED to the NORTHERN DISTRICT OF ALABAMA. It is so ORDERED. Signed by Senior United States District Judge Henry E. Hudson on 10/25/2022. (sbea)
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Filing 31
MEMORANDUM OPINION. See Opinion for details. Signed by Senior United States District Judge Henry E. Hudson on 10/25/2022. (sbea)
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Filing 30
Reply to Motion re #27 First MOTION to Transfer Case filed by Casey Industrial, Inc.. (Hearn, David)
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Filing 29
Memorandum in Support re: #27 First MOTION to Transfer Case filed by Michael Foster (Hines, Bradley). Clerk replaced Memorandum to separate Exhibits and label as attachments on 9/28/2022. (sbea, ). (Additional attachments added on 9/28/2022: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D). Modified on 9/28/2022. (sbea)
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Filing 28
Memorandum in Opposition re #27 First MOTION to Transfer Case filed by Darrell Eads, Jr. (Jones, Gary)
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Notice of Correction re: #27 First MOTION to Transfer Case; contains more than one pleading. Please re-file the "Supplement Brief in Support" as a separate filing event. It is located under Motions and Related Filings, select Responses, Replies and Memoranda and locate and select "Memorandum in Support" separate attached exhibits and link it back to the Motion. The Brief in Support event may not allow you to link it to the Motion. Feel free to contact the Clerk's Office. (sbea)
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Notice of Correction re: #29 Memorandum in Support; Clerk separated Exhibits from the Memorandum in Support and made them as attachments. No further action is required. (sbea)
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Filing 27
First MOTION to Transfer Case by Michael Foster. (Attachments: #1 Supplement Brief in Support)(Hines, Bradley)
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Filing 26
ORDER (Settlement Conference Referral) - It is hereby ORDERED that the settlement conference and proceedings required by section 1(E)(1) of Pretrial Schedule A are referred to United States Magistrate Judge Mark R. Colombell. Counsel shall be responsible for contacting the Chambers of Magistrate Judge Colombell within five (5) days of the date of this Order to schedule the conference, which should occur at least thirty (30) days before the start of trial and at such time as Magistrate Judge Colombell shall approve. Signed by District Judge Henry E. Hudson on 9/8/2022. Copy of order sent by NEF to Magistrate Judge Colombell. (jpow, )
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Filing 25
INITIAL PRETRIAL ORDER - Jury Trial set for 2/27/2023 at 9:30 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (signed by District Judge Henry E. Hudson on 9/8/2022) (rpiz)
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Initial Pretrial Conference held on 9/8/2022 before District Judge Henry E. Hudson (rpiz)
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Case Referral to Magistrate Judge Mark R. Colombell for settlement purposes. (jpow, )
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Filing 24
ORDER granting #23 Motion for Michael Slocumb to appear as Pro Hac Vice for Michael Foster. Signed by Senior United States District Judge Henry E. Hudson on 9/7/2022. (sbea)
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Filing 23
First Motion to appear Pro Hac Vice by Michael W. Slocumb and Certification of Local Counsel Bradley Wade Hines Filing fee $ 75, receipt number BVAEDC-8544258. by Michael Foster. (Hines, Bradley)
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Filing 22
SCHEDULING ORDER with Attachment #1 Pretrial Schedule A - Initial Pretrial Conference set for 9/8/2022 at 9:30 AM before District Judge Henry E. Hudson (Order issued by deputy clerk at the direction of the Court) (rpiz)
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Filing 21
Joint Proposed Discovery Plan Discovery Plan by Michael Foster.(Hines, Bradley)
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Filing 20
NOTICE of Appearance by Gary Christopher Jones, Jr on behalf of Darrell Eads, Jr (Jones, Gary)
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Filing 19
ORDER that the Responsive Pleadings of Defendant Casey Industrial, Inc. filed on June 30, 2022 are to be deemed timely. Signed by Senior United States District Judge Henry E. Hudson on 7/7/2022. (sbea)
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Filing 18
NOTICE of Appearance by David W. Hearn on behalf of Casey Industrial, Inc. (Hearn, David)
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Filing 17
Memorandum in Support re #15 MOTION for Extension of Time to File Answer filed by Casey Industrial, Inc.. (Mackin, Sean)
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Notice of Correction re: #14 Answer to Complaint, #15 MOTION for Extension of Time to File Answer, #16 Corporate Disclosure Statement; Filing attorney did not sign Certificates of Service, the Memorandum in Support is to be filed as a separate document and not an attachment. The Memorandum in Support filing event is located under Motions and Related Filings, Responses, Replies, and Memoranda, locate and select Memorandum in Support file pleading and link it back to the Motion. The wrong filing event was selected for Financial Disclosure Statement. Clerk corrected docket text to reflect same. Please contact Clerk to have documents replaced with corrected pleadings. (sbea,)
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Notice of Correction re: #13 Notice of Appearance; In regards to the Nine Element Signature block, please be sure to electronically sign your documents. The Certificate of Service was not electronically signed. (sbea)
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Filing 16
Financial Disclosure Statement by Casey Industrial, Inc. (Mackin, Sean) Modified on 7/1/2022. (sbea) (Main Document 16 replaced on 7/1/2022) (smej, ).
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Filing 15
MOTION for Extension of Time to File Answer by Casey Industrial, Inc.. (Attachments: #1 Memorandum, #2 Proposed Order)(Mackin, Sean) (Main Document 15 replaced on 7/1/2022) (smej, ).
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Filing 14
ANSWER to Complaint by Casey Industrial, Inc..(Mackin, Sean) (Main Document 14 replaced on 7/1/2022) (smej, ).
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Filing 13
NOTICE of Appearance by Sean Mackin on behalf of Casey Industrial, Inc. (Mackin, Sean) (Main Document 13 replaced on 7/1/2022) (smej, ).
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Filing 12
ANSWER to Complaint by Darrell Eads, Jr.(Kidd, Allen)
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Filing 11
SUMMONS Returned Executed for Darrell Eads Jr.; served on May 27, 2022 and answer due date is: June 17, 2022 (Hines, Bradley). Modified to include answer due date on 6/6/2022. (sbea)
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Notice of Correction re: #10 Affidavit of Service filing attorney selected the wrong filing event, answer due date was not set for service of Summons and Complaint. Answer due date is set for: June 16, 2022. (sbea)
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Notice of Correction re: #11 Affidavit of Service; filing attorney did not select the correct event as directed in #5 Issued Summons'. The correct event is "Summons Returned Executed" which would generate an answer due date. Defendant, Darrell Eads, Jr. was served on May 27, 2022, answer due date is: June 17, 2022. Clerk will set answer due date as to Darrell Eads, Jr. (sbea)
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Filing 10
AFFIDAVIT of Service for Summons and Complaint served on Casey Industrial, Inc. on May 26, 2022, filed by Michael Foster. (Hines, Bradley)
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Filing 9
ORDER granting #7 Motion for Lowell Thomas Moore to appear as Pro Hac Vice for Michael Foster. Signed by Senior United States District Judge Henry E. Hudson on 6/1/2022. (sbea)
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Filing 8
ORDER granting #6 Motion for Charles Walker Beene to appear as Pro Hac Vice for Michael Foster. Signed by Senior United States District Judge Henry E. Hudson on 6/1/2022. (sbea)
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Filing 7
First Motion to appear Pro Hac Vice by Lowell Thomas Moore and Certification of Local Counsel Bradley Wade Hines Filing fee $ 75, receipt number AVAEDC-8390489. by Michael Foster. (Hines, Bradley)
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Filing 6
First Motion to appear Pro Hac Vice by Charles Walker Beene and Certification of Local Counsel Bradley Wade Hines Filing fee $ 75, receipt number BVAEDC-8390486 by Michael Foster.(Hines, Bradley). Application was replaced on 5/16/2022. Modified on 5/16/2022. (sbea)
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Notice of Correction re: #6 First Motion to appear Pro Hac Vice by Charles Walker Beene; The Pro Hac Vice application was not saved properly. In the future, to correctly save the PDF fillable form, click on the File menu, select Print, and then select our PDF writer from the Printer Name List, then click on Print or OK depending on your program. The Clerk properly saved and replaced the application. No further action is required at this time. (sbea)
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Filing 5
Summons Issued as to Casey Industrial, Inc., Darrell Eads, Jr., and Progressive Specialty Insurance Company. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint uponthe Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (sbea)
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Notice of Correction re #2 , #3 , and #4 Proposed Summons; Attorney did not properly save the PDF fillable Summons'. In the future, to properly save the fillable form, click on the File menu, select Print, and then select our PDF writer from the Printer Name List, then click on Print or OK depending on your program. Clerk has properly saved and replaced the Proposed Summons'. No further action is required. (sbea)
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Filing 4
Proposed Summons Summons - Eads by Michael Foster (Hines, Bradley). Clerk saved and replaced Proposed Summons on 4/14/2022. Modified on 4/14/2022. (sbea)
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Filing 3
Proposed Summons Summons - Progressive by Michael Foster (Hines, Bradley). Clerk saved and replaced Proposed Summons on 4/14/2022. Modified on 4/14/2022. (sbea)
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Filing 2
Proposed Summons Summons - Casey by Michael Foster (Hines, Bradley). Clerk saved and replaced Proposed Summons on 4/14/2022. Modified on 4/14/2022. (sbea)
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Filing 1
Complaint (Filing Fee: $402, Receipt Number: BVAEDC-8343868), filed by Michael Foster. (Attachment: #1 Civil Cover Sheet)(Hines, Bradley). (Attachment 1 replaced on 4/13/2022). Modified text on 4/13/2022. (sbea)
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Notice of Correction re: #1 Complaint; Clerk properly saved and replaced fillable form for the Civil Cover Sheet. Attorney is requested to submit Proposed Summons'. (sbea)
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Initial Case Assignment to District Judge Henry E. Hudson. (sbea)
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