Le Doux v. Western Express, Inc. et al
Andre G.H. Le Doux, V |
Ervin Joseph Worthy, Roger Dale Hiatt and Western Express, Inc. |
6:2020cv00052 |
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
This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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Filing 26 NOTICE OF TELEPHONIC HEARING on Motions: #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence & #12 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) |
Filing 25 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) |
Filing 24 Oral ORDER granting #23 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 10/7/20. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(lg) |
Filing 23 Joint MOTION for Extension of Time to File Written Discovery Plan & Proposed Pretrial Scheduling Order by Andre G.H. Le Doux, V. Motions referred to Judge Robert S. Ballou. (Thomson, Paul) |
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) |
Filing 22 REPLY to Response to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence . filed by Western Express, Inc.. (Miller, Jeffrey) |
Filing 21 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages . filed by Ervin Joseph Worthy. (Miller, Jeffrey) |
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) |
Filing 20 Brief / Memorandum in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages . filed by Andre G.H. Le Doux, V. (Thomson, Paul) |
Filing 19 Brief / Memorandum in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence . filed by Andre G.H. Le Doux, V. (Thomson, Paul) |
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) |
Filing 18 PRETRIAL ORDER (CASE REFERRED to Magistrate Judge Robert S. Ballou as set forth herein). Signed by Senior Judge Norman K. Moon on September 11, 2020. (ca) |
Filing 17 NOTICE of Appearance by Ashley Thistlethwaite Hart on behalf of Roger Dale Hiatt (Hart, Ashley) |
Filing 16 Negative Corporate Disclosure Statement by Western Express, Inc. (Miller, Jeffrey) |
Filing 15 NOTICE of Appearance by Ashley Walker Winsky on behalf of Western Express, Inc., Ervin Joseph Worthy (Winsky, Ashley) |
Filing 14 ANSWER to Complaint #1 Complaint with JURY DEMAND by Western Express, Inc., Ervin Joseph Worthy.(Miller, Jeffrey) |
Filing 13 Brief / Memorandum in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages . filed by Ervin Joseph Worthy. (Miller, Jeffrey) |
Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Punitive Damages by Ervin Joseph Worthy. (Miller, Jeffrey) |
Filing 11 Brief / Memorandum in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence . filed by Western Express, Inc.. (Miller, Jeffrey) |
Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Direct Negligence by Western Express, Inc.. (Miller, Jeffrey) |
Filing 9 ANSWER to Complaint #1 Complaint by Roger Dale Hiatt.(Fitch, Daniel) |
Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Western Express, Inc. on 08/28/2020, filed by Andre G.H. Le Doux, V.(Thomson, Paul) |
Filing 7 AFFIDAVIT of Service for Complaint and Summons per agreement served on Daniel L. Fitch, Esq for Roger Dale Hiatt on 08/21/2020, filed by Andre G.H. Le Doux, V.(Thomson, Paul) |
Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Ervin Joseph Worthy on 08/20/2020, filed by Andre G.H. Le Doux, V.(Thomson, Paul) |
Filing 5 Electronic Summons Issued as to 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.(ca) |
Filing 4 Proposed Summons for Roger Dale Hiatt by Andre G.H. Le Doux, V (Thomson, Paul) (Main Document 4 replaced on 8/19/2020) (ca). Modified on 8/19/2020 - Replaced deficient pdf document with flattened pdf document. (ca) |
Filing 3 Electronic Summons Issued as to Western Express, Inc. and Ervin Joseph Worthy. 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 1 to Ervin Worthy - Union City, GA, #2 Electronic Summons 2 to Ervin Worthy - Lithonia, GA, #3 Electronic Summons 3 to Ervin Worthy - Duluth, GA, #4 Electronic Summons 4 to Ervin Worthy - Stone Mountain, GA)(ca) |
Filing 2 Proposed Summons for Defendants Western Express, Inc. and Ervin Joseph Worthy by Andre G.H. Le Doux, V (Thomson, Paul) |
Filing 1 COMPLAINT against Western Express, Inc., Ervin Joseph Worthy and Roger Dale Hiatt filed by Andre G.H. Le Doux, V. (Filing & Administrative fee $400, Receipt #0423-3458015). (Attachment: #1 Civil Cover Sheet)(al) |
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