Grady et al v. Rothwell et al
| Zachary Grady and L.G. |
| Daniel R. Rothwell and LA-Z-BOY LOGISTICS, INC. |
| Joan Blackwell |
| 6:2023cv00001 |
| January 5, 2023 |
| US District Court for the Western District of Virginia |
| Robert S Ballou |
| Norman K Moon |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
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Filing 52
Brief / Memorandum in Opposition re #45 Second MOTION to Intervene . filed by Zachary Grady. (Attachments: #1 Exhibit Blackwell - Renunciation, #2 Exhibit Grady v. Blackwell - Complaint)(Hendell, Thomas)
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Filing 51
Notice of Cancellation of Jury Trial set for February 12 - 15, 2024. (Cancel Court Reporter) (ca)
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Filing 50
ORAL ORDER granting in part and denying in part #43 Motion to Stay Case. There are pending motions in this case that could impact the upcoming trial. Accordingly, the trial is continued. Additionally, all discovery is stayed until further order of the court. Entered by Magistrate Judge Robert S. Ballou on 02/23/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(CH)
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Filing 49
Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Telephone Conference held on 2/23/2023. (CH)
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Filing 48
REPLY to Response to Motion re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell. (Attachments: #1 Exhibit)(Adams, Katherine)
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Filing 47
Exhibit Proposed Order Granting Stay by Zachary Grady. (Hendell, Thomas) Modified on 2/7/2023 Docket text modified to reflect this is a proposed order to #43 Motion (al).
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Filing 46
ORDER granting in part and denying in part #44 Joint Motion to Amend/Correct #31 Pretrial Order. Signed by Magistrate Judge Robert S. Ballou on 2/7/2023. (al)
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Filing 45
Second MOTION to Intervene by Joan Blackwell. (Attachments: #1 Exhibit Ex A - Motion to Dismiss, #2 Exhibit Ex B - Motion to Dismiss - Memorandum, #3 Exhibit Ex B1 - Blackwell Letters of Administration, #4 Exhibit Ex B2 - Death Certificate_redacted, #5 Exhibit Ex B3 - Virginia Complaint, #6 Exhibit Ex B4 - Email that Blackwell Filed Suit, #7 Exhibit Ex C - Motion to Dismiss - Proposed Order, #8 Exhibit Ex D - Motion for Dec Judgment, #9 Exhibit Ex E - Motion for Dec Judgment Memorandum, #10 Exhibit Ex E1 - Blackwell Letters of Administration, #11 Exhibit Ex E2 - Death Certificate_redacted, #12 Exhibit Ex F - Motion for Dec Judgment - ProposedOrder, #13 Supplement Motion to Intervene - Memorandum of Law, #14 Exhibit Ex 1 - Blackwell Letters of Administration, #15 Exhibit Ex 2 - Death Certificate redacted, #16 Exhibit Ex 3 - Virginia Complaint, #17 Text of Proposed Order Motion to Intervene - Proposed Order)(Tighe, Tara) Modified on 2/6/2023 - Docket text was modified to remove referral to Magistrate Judge text. (ca)
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Filing 44
Joint MOTION to Amend/Correct #31 Pretrial Order, Case Referred to Magistrate Judge by LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order Proposed Order to amend)(Adams, Katherine)
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Filing 43
MOTION to Stay by Zachary Grady. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Exhibit)(Hendell, Thomas)
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Filing 42
Brief / Memorandum in Opposition re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Zachary Grady. (Hendell, Thomas)
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Filing 41
Rule 26(f) Agreed Written Plan by Defendants LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell (Adams, Katherine)
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Filing 40
NOTICE of Hearing: (CR) Jury Trial set for February 12 - 15, 2024 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 39
ORDER granting #29 Motion to Withdraw as Attorney. Attorney Benjamin A. Nicolosi, Jr terminated. Signed by Magistrate Judge Robert S. Ballou on 1/23/2023. (slt)
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Filing 38
Negative Corporate Disclosure Statement by LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell (Adams, Katherine)
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Filing 37
Positive Corporate Disclosure Statement by LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell (Adams, Katherine)
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Filing 36
Brief / Memorandum in Support re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell. (Adams, Katherine)
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Filing 35
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell. (Attachments: #1 Text of Proposed Order)(Adams, Katherine)
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Filing 34
ANSWER to #17 Amended Complaint by LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell.(Adams, Katherine)
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Filing 33
NOTICE of Appearance by Thomas M. Hendell on behalf of All Plaintiffs (Hendell, Thomas)
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Filing 31
PRETRIAL ORDER (CASE REFERRED to Magistrate Judge Robert S. Ballou as set forth herein). Signed by Senior Judge Norman K. Moon on 1/13/2023. (al)
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Filing 30
NOTICE of Appearance by Barrett Enix on behalf of LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell (Enix, Barrett)
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Filing 29
MOTION of Withdrawal of Appearance by LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell Withdrawal of Appearance of Benjamin A. Nicolosi (Adams, Katherine) Modified on 1/17/2023 At the direction of chambers, this Notice should have been entered as a Motion, Motion referred to Magistrate Judge Robert S. Ballou (al).
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Filing 28
NOTICE of Appearance by Katherine Beedie Adams on behalf of LA-Z-BOY LOGISTICS, INC., Daniel R. Rothwell (Adams, Katherine)
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Filing 27
Case transferred in from District of Pennsylvania Middle; Case Number 4:22-cv-00428. Original file certified copy of transfer order and docket sheet received.
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Filing 26
ORDER TRANSFERRING CASE - IT IS HEREBY ORDERED upon consideration of the #24 Stipulation that he Clerk of Court is directed to transfer this matter to the Western District of Virginia, Lynchburg Division, where a companion action is pending at Docket 6:22cv00037 and the Clerk of Court is directed to close the docket in the Middle District relative to this matter. Signed by Chief Judge Matthew W. Brann on 1/5/2023. (nr) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 25
ORDER - IT IS HEREBY ORDERED that Defendants' Motion for Enlargement of time to file a Reply Brief is GRANTED. Defendants shall file their Reply Brief relative to their Motion to Dismiss by 01/13/2023. Signed by Chief Judge Matthew W. Brann on 01/05/2023 (ea) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 24
STIPULATION re Transfer of case by La-Z-Boy Logistics, Inc., Daniel R. Rothwell. (Attachments: #1 Proposed Order)(Nicolosi, Benjamin) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 23
MOTION for Extension of Time to File Brief filed by La-Z-Boy Logistics, Inc., Daniel R. Rothwell. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence)(Nicolosi, Benjamin) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 22
BRIEF IN OPPOSITION re #18 Second MOTION to Dismiss for Lack of Jurisdiction filed by Zachary Grady. (Attachments: #1 Exhibit(s) Exhibit 1 Notice of Removal, #2 Exhibit(s) Exhibit 2 Notice of Fiilng of Notice of Removal to USDC)(Waffenschmidt, Thomas) [Transferred from Pennsylvania Middle on 1/5/2023.]
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DOCKET ANNOTATION: Attorney Waffenschmidt is instructed to refile the response to motion to dismiss using the correct event Motions and Related Filings > Responses and Replies(Briefs) > Brief in Opposition; thereafter, doc 21 (incorrectly filed as a "reply brief") will be deleted. (ea) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 20
Certification CERTIFICATION PURSUANT TO L.R. 7.8(b)(2) , filed by La-Z-Boy Logistics, Inc., Daniel R. Rothwell.(Nicolosi, Benjamin) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 19
BRIEF IN SUPPORT re #18 Second MOTION to Dismiss for Lack of Jurisdiction filed by La-Z-Boy Logistics, Inc., Daniel R. Rothwell.(Nicolosi, Benjamin) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 18
Second MOTION to Dismiss for Lack of Jurisdiction by La-Z-Boy Logistics, Inc., Daniel R. Rothwell. (Attachments: #1 Exhibit(s) A, #2 Proposed Order, #3 Certificate of Nonconcurrence)(Nicolosi, Benjamin) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 17
AMENDED COMPLAINT against La-Z-Boy Logistics, Inc., Daniel R. Rothwell, filed by Zachary Grady, L.G..(Waffenschmidt, Thomas) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 16
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that #11 Motion to Dismiss is GRANTED. Plaintiff's #1 Complaint is DISMISSED WITHOUT PREJUDICE. If Grady elects to plead over, he must do sowithin fourteen days of this Order. Joan Blackwells Motion to Intervene #8 and Motion to Dismiss #9 are DENIED AS MOOT. (See Order for further details) Signed by Chief Judge Matthew W. Brann on 11/08/2022. (ea) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 15
MEMORANDUM (Order to follow as separate docket entry) Signed by Chief Judge Matthew W. Brann on 11/08/2022. (ea) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 14
REPLY BRIEF re #11 MOTION to Dismiss for Lack of Jurisdiction filed by La-Z-Boy Logistics, Inc., Daniel R. Rothwell.(Argo, Sarah) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 13
BRIEF IN OPPOSITION re #11 MOTION to Dismiss for Lack of Jurisdiction filed by Zachary Grady.(Waffenschmidt, Thomas) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 12
BRIEF IN SUPPORT (memo of law in support) re #11 MOTION to Dismiss for Lack of Jurisdiction filed by La-Z-Boy Logistics, Inc., Daniel R. Rothwell.(Argo, Sarah) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction by La-Z-Boy Logistics, Inc., Daniel R. Rothwell. (Attachments: #1 Proposed Order, #2 Exhibit(s) A, #3 Certificate of Nonconcurrence)(Argo, Sarah) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 10
BRIEF IN OPPOSITION re #9 MOTION to Dismiss for Lack of Jurisdiction filed by Zachary Grady. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s))(Waffenschmidt, Thomas) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 9
MOTION to Dismiss for Lack of Jurisdiction by Joan Blackwell. (Attachments: #1 Exhibit(s) Ex 1 - Blackwell Ltrs of Admin, #2 Exhibit(s) Ex 2 - Death Cert, #3 Exhibit(s) Ex 3 - Va Complaint, #4 Exhibit(s) Ex 4 - Gradt Ltrs of Admin, #5 Exhibit(s) Ex 5 - E-mail to Waffenschmidt, #6 Exhibit(s) Ex 6 - Crash Report, #7 Exhibit(s) Ex 7 - Renunciation, #8 Proposed Order Ex 8 - Proposed Order Granting Dismissal)(Ruditys, Brian) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 8
MOTION to Intervene by Joan Blackwell. (Attachments: #1 Exhibit(s) Ex 1 - Blackwell Ltrs of Admin, #2 Exhibit(s) Ex 2 - Death Cert, #3 Exhibit(s) Ex 3 - Va Complaint, #4 Proposed Order Proposed Order Granting Motion to Intervene)(Ruditys, Brian) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 7
WAIVER OF SERVICE Returned by Zachary Grady. La-Z-Boy Logistics, Inc. waiver sent on 4/5/2022, answer due 6/6/2022. (Waffenschmidt, Thomas) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 6
WAIVER OF SERVICE Returned by Zachary Grady. Daniel R. Rothwell waiver sent on 4/5/2022, answer due 6/6/2022. (Waffenschmidt, Thomas) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 5
NOTICE of Appearance by Sarah E. Argo on behalf of La-Z-Boy Logistics, Inc., Daniel R. Rothwell. (Argo, Sarah) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 4
NOTICE of Appearance by Benjamin A. Nicolosi, Jr on behalf of La-Z-Boy Logistics, Inc., Daniel R. Rothwell. (Nicolosi, Benjamin) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 3
Letter to Counsel Re: Case Assignment and Procedures. (See Letter for further details.) Signed by Chief Judge Matthew W. Brann on 3/28/2022. (jr) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 2
Summons Issued as to La-Z-Boy Logistics, Inc., Daniel R. Rothwell and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (nr) [Transferred from Pennsylvania Middle on 1/5/2023.]
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Filing 1
COMPLAINT against La-Z-Boy Logistics, Inc., Daniel R. Rothwell ( Filing fee $402, Receipt Number 5887930), filed by Zachary Grady, L.G.. (Attachments: #1 Civil Cover Sheet)(nr) [Transferred from Pennsylvania Middle on 1/5/2023.]
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