Paul v. Western Express, Inc. et al
| Judy M. Paul |
| Roger Dale Hiatt |
| Ervin Joseph Worthy and Western Express, Inc. |
| Andre G.H. Le Doux, V, Felix Erickson Company, Inc. and Randall Emerick |
| 6:2020cv00051 |
| August 10, 2020 |
| US District Court for the Western District of Virginia |
| Robert S Ballou |
| Norman K Moon |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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Filing 39
NOTICE OF TELEPHONIC HEARING on Motions: #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence & #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages (CR) (No Interpreter requested) - Telephonic Motion Hearing set for November 4, 2020 at 2:00 PM in Lynchburg before Senior Judge Norman K. Moon. (Parties will receive dial-in information by email prior to the hearing.)(ca)
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Filing 38
Oral ORDER granting #37 Motion for Extension of Time to File Document. The parties shall have until October 16, 2020, to file their written discovery plan. All remaining provisions of the Pre-Trial Order shall remain unchanged. Entered by Magistrate Judge Robert S. Ballou on October 7, 2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
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Filing 37
First MOTION for Extension of Time to File 26 (f) Discovery Plan and Pretrial Order by Judy M. Paul. Motions referred to Judge Robert S. Ballou. (Huff, Stephen)
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
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Filing 36
NOTICE of Hearing: (CR) (No Interpreter requested) - Jury Trial set for October 25 - 29 & November 1 - 5, 2021 at 9:30 AM in Lynchburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca)
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Filing 35
REPLY to Response to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence . filed by Western Express, Inc.. (Miller, Jeffrey)
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Filing 34
REPLY to Response to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages . filed by Ervin Joseph Worthy. (Miller, Jeffrey)
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Filing 33
Electronic Summons Issued as to Randall Emerick and Felix Erickson Company, Inc. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: #1 Summons Issued - Electronic Summons issued to Felix Erickson Company, Inc.)(al)
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Filing 32
Proposed Summons for Felix Erickson Company, Inc. by Western Express, Inc. (Winsky, Ashley)
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Filing 31
Proposed Summons for Emerick by Western Express, Inc. (Winsky, Ashley)
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
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Filing 30
AMENDED THIRD PARTY COMPLAINT against Third Party Defendants LeDoux and Emerick as restated, and adding Felix Erickson Company, Inc. as additional Third Party Defendant, filed by Western Express, Inc. and Ervin Joseph Worthy. (ssm) Modified on 9/28/2020 - Docket text was modified to reflect this document is an AMENDED Third Party Complaint. (ca)
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Filing 29
ORDER granting #26 Motion to Amend Third Party Complaint. Signed by Magistrate Judge Robert S. Ballou on 09/28/2020. (ssm)
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Filing 28
First Brief / Memorandum in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence, #15 Brief / Memorandum in Support . filed by Judy M. Paul. (Huff, Stephen)
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Filing 27
First Brief / Memorandum in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages, #17 Brief / Memorandum in Support . filed by Judy M. Paul. (Huff, Stephen)
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Filing 26
MOTION to Amend/Correct #19 Third Party Complaint by Western Express, Inc., Ervin Joseph Worthy. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Exhibit Amended Third Party Complaint, #2 Text of Proposed Order Proposed Order)(Miller, Jeffrey)
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IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI)
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Filing 25
Electronic Summons Issued as to Randall Emerick NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(al)
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Filing 24
Proposed Summons for Randall Emerick by Western Express, Inc., Ervin Joseph Worthy (Miller, Jeffrey)
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Filing 23
NOTICE of Appearance by Ashley Thistlethwaite Hart on behalf of Roger Dale Hiatt (Hart, Ashley)
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Filing 22
Negative Corporate Disclosure Statement by Western Express, Inc. (Miller, Jeffrey)
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Filing 21
NOTICE of Appearance by Ashley Walker Winsky on behalf of Western Express, Inc., Ervin Joseph Worthy (Winsky, Ashley)
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Filing 20
PRETRIAL ORDER, (CASE REFERRED to Magistrate Judge Robert S. Ballou as set forth herein). Signed by Senior Judge Norman K. Moon on 9/10/2020. (al)
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Filing 19
THIRD PARTY COMPLAINT against Randall Emerick, Andre G.H. Le Doux, V, filed by Ervin Joseph Worthy, Western Express, Inc..(Miller, Jeffrey)
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Filing 18
ANSWER to Complaint #1 Complaint with JURY DEMAND by Western Express, Inc., Ervin Joseph Worthy.(Miller, Jeffrey)
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Filing 17
Brief / Memorandum in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages . filed by Ervin Joseph Worthy. (Miller, Jeffrey)
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Filing 16
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages by Ervin Joseph Worthy. (Miller, Jeffrey)
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Filing 15
Brief / Memorandum in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence . filed by Western Express, Inc.. (Miller, Jeffrey)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence by Western Express, Inc.. (Miller, Jeffrey)
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Filing 13
ANSWER to Complaint #1 Complaint by Roger Dale Hiatt.(Fitch, Daniel)
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Filing 12
AFFIDAVIT of Service for Summons and Complaint served on Daniel Fitch, legal counsel designated by law to accept service of process on behalf of Roger Dale Hiatt on 8/19/20, filed by Judy M. Paul.(Huff, Stephen)
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Filing 11
AFFIDAVIT of Service for Summons and Complaint served on Ervin Joseph Worthy on 08/20/2020, filed by Judy M. Paul.(Huff, Stephen)
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Filing 10
Electronic Summons Issued as to Ervin Joseph Worthy and Roger Dale Hiatt NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: #1 Electronic Summons issued to Ervin Joseph Worthy, #2 Electronic Summons issued to Ervin Joseph Worthy, #3Electronic Summons issued to Roger Dale Hiatt)(al)
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Filing 9
Proposed Summons for Roger Dale Hiatt by Judy M. Paul (Huff, Stephen)
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Filing 8
Proposed Summons for Ervin Joseph Worthy by Judy M. Paul (Huff, Stephen)
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Filing 7
Proposed Summons for Ervin Joseph Worthy by Judy M. Paul (Huff, Stephen)
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Filing 6
Proposed Summons for Ervin Joseph Worthy by Judy M. Paul (Huff, Stephen)
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Filing 5
Electronic Summons Issued as to Western Express, Inc., Ervin Joseph Worthy and Roger Dale Hiatt NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: #1 Electronic Summons Issued to Ervin Joseph Worthy, #2 Electronic Summons Issued to Roger Dale Hiatt)(al)
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Filing 4
Proposed Summons for Ervin Joseph Worthy by Judy M. Paul (Huff, Stephen)
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Filing 3
Proposed Summons for Western Express, Inc. by Judy M. Paul (Huff, Stephen)
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Filing 2
Proposed Summons for Roger Dale Hiatt by Judy M. Paul (Huff, Stephen)
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Filing 1
COMPLAINT against Western Express, Inc., Ervin Joseph Worthy, and Roger Dale Hiatt, filed by Judy M. Paul. (Filing & Administrative fee $400, Receipt # 0423-3457975) (Attachment: #1 Civil Cover Sheet)(al)
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