Davis v. Payne(JOINT ASSIGN)(MAG2)
Alabama Middle District Court | |
Judge: | Emily C Marks |
Referred: | Terry F Moorer |
Case #: | 2:17-cv-00166 |
Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
Cause | 28:1332 Diversity-Auto Negligence |
Case Filed: | Mar 22, 2017 |
Terminated: | Aug 29, 2018 |
Last checked: Monday Sep 18, 2017 4:27 AM CDT |
Defendant
Isaiah Payne
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Represented By
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Plaintiff
Kenneth Davis
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Represented By
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Docket last updated: 7 hours ago |
Wednesday, August 29, 2018 | ||
30 | 30
minutes
Telephone Conference
Wed 08/29 4:02 PM
Minute Entry for proceedings held before Honorable Judge Emily C. Marks: Telephone Conference held on 8/29/2018 (PDF available for court use only). (ws, ) |
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29 | 29
1
pgs
order
Order Dismissing Case
Wed 08/29 2:24 PM
ORDER: Upon consideration of the joint stipulation for dismissal (doc. # 28 ) filed on August 22, 2018, it is ORDERED and ADJUDGED that this case be and is hereby DISMISSED with prejudice, each party to bear his own costs. It is further ORDERED that all pending deadlines are terminated and all pending motions are hereby DENIED as moot. Signed by Honorable Judge Emily C. Marks on 8/29/2018. (kh, ) Modified on 8/29/2018 (term: telephone conference call on August 29, 2018; Pretrial Conference set for 9/13/2018; Jury Trial set for 10/29/2018) (furn:ws, calendar) (kh, ) |
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Wednesday, August 22, 2018 | ||
28 | 28
misc
Stipulation of Dismissal
Wed 08/22 3:46 PM
STIPULATION of Dismissal Joint Stipulation of Dismissal by Isaiah Payne. (Franklin, Patrick) |
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Thursday, August 16, 2018 | ||
27 | 27
2
pgs
order
Order ~Util - Set Hearings
Thu 08/16 2:02 PM
ORDERED that this matter be and is hereby SET for a hearing by telephone conference call on August 29, 2018 at 2:00 p.m. for the parties to show cause why they have failed to file responses in accordance with the orders of this Court and why they should not be sanctioned for failing to respond. The parties are DIRECTED to call 1-877-336-1280 and enter access code 6043185 for the conference call. Signed by Honorable Judge Emily C. Marks on 8/16/2018. (furn: ws, calendar)(kh, ) |
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Friday, August 10, 2018 | ||
26 | 26
utility
Case Assigned/Reassigned
Fri 08/10 11:49 AM
Case Reassigned to Honorable Judge Emily C. Marks as presiding judge and Honorable Judge Terry F. Moorer as referral judge. Chief Judge William Keith Watkins and Honorable Judge David A. Baker no longer assigned to the case. (kh, ) |
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Thursday, August 09, 2018 | ||
25 | 25
order
Order
Thu 08/09 8:01 AM
TEXT ORDER vacating the 11 Order Reassigning and Referring Case. Signed by Chief Judge William Keith Watkins on 8/9/2018. (No pdf attached to this entry).(kh, ) |
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Tuesday, July 03, 2018 | ||
24 | 24
1
pgs
order
Order to Show Cause
Tue 07/03 7:28 AM
ORDER TO SHOW CAUSE: On May 21, 1028, Defendant filed a Notice of Settlement (Doc. 22 ) advising the court that all claims have been settled. Thereafter on May 22, 2018, this Court ordered that the parties were to file their dismissal paperwork within 30 days. (Doc. 23). As of the date of this order, the parties have not filed a stipulation of dismissal. Accordingly, the parties are ORDERED TO SHOW CAUSE not later than July 17, 2018, why this matter should not be dismissed, or in the alternative, to file their stipulation of dismissal. Signed by Honorable Judge David A. Baker on 7/3/2018. (kh, ) |
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Tuesday, May 22, 2018 | ||
23 | 23
1
pgs
order
Order Cancelling Deadline
Tue 05/22 7:25 AM
ORDER: This matter is before the Court on the Notice of Settlement (Doc. 22 ) filed by the Defendant advising the court that all claims have been settled. Upon consideration, the hearing scheduled for May 22, 2018, at 10:00AM is hereby canceled. The parties are ORDERED to file their dismissal paperwork within 30 days. Signed by Honorable Judge David A. Baker on 5/22/2018. (furn: calendar, all mag crds)(kh, ) |
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Monday, May 21, 2018 | ||
22 | 22
notice
Notice (Other)
Mon 05/21 5:13 PM
NOTICE by Isaiah Payne Notice of Settlement (Franklin, Patrick) |
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Monday, May 14, 2018 | ||
21 | 21
1
pgs
order
Order ~Util - Set Hearings
Mon 05/14 7:53 AM
ORDER: A status hearing is set for Tuesday, May 22, 2018, at 10 AM Central Time in Courtroom 2E in the United States Courthouse, 1 Church Street, Montgomery, Alabama. Each party must be represented by at least one attorney of record, and lead counsel should attend if possible. Counsel should be prepared to discuss all aspects of this case including any pending motions. Counsel wishing to appear by telephone should contact chambers at 334-954-3960 to arrange for call-in information at least 48 hours before the hearing. Signed by Honorable Judge David A. Baker on 5/14/2018. (furn: calendar, all mag crds)(kh, ) |
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Thursday, April 19, 2018 | ||
20 | 20
3
pgs
order
Order ~Util - Terminate Motions 1 - Terminate Deadlines
Thu 04/19 3:59 PM
ORDERED that the Recommendation of the Magistrate Judge (Doc. # 17 ) is REJECTED. Signed by Chief Judge William Keith Watkins on 4/19/2018. (kh, ) |
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Friday, November 10, 2017 | ||
19 | 19
respoth
Objection
Fri 11/10 2:44 PM
Objection to the Magistrate Judge's Recommendation to Remand this Cause to State Court filed by Isaiah Payne. (Miller, Paul) |
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respoth
Objection to Report and Recommendations
Mon 11/13 8:35 AM
OBJECTION to17 Recommendation by Isaiah Payne. (dmn, ) (NO PDF, see Doc.19 for pdf; wrong event code selected when originally filed.) |
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Friday, October 27, 2017 | ||
18 | 18
2
pgs
order
Order on Motion for Protective Order
Fri 10/27 8:54 AM
ORDER granting 16 Motion for Protective Order, as further set out. Signed by Honorable Judge David A. Baker on 10/27/2017. (kh, ) |
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17 | 17
motion
Report and Recommendations
Fri 10/27 8:46 AM
REPORT AND RECOMMENDATIONS: It is the RECOMMENDATION of the undersigned that this action should be remanded to the Circuit Court of Montgomery County, Alabama, for lack of diversity jurisdiction; specifically, because the minimum amount in controversy is not evidenced or satisfied, and the citizenship of the parties is not evidenced. Objections to R&R due by 11/10/2017. Signed by Honorable Judge David A. Baker on 10/27/2017. (kh, ) |
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Thursday, September 21, 2017 | ||
16 | 16
motion
Protective Order
Thu 09/21 4:18 PM
MOTION for Protective Order by Isaiah Payne.(Miller, Paul) |
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Att: 1 Proposed HIPAA Order | ||
Wednesday, July 12, 2017 | ||
15 | 15
notice
Notice of Correction
Wed 07/12 11:44 AM
NOTICE of Correction re14 Response. The original pdf did not contain a signature. The correct pdf is attached to this notice.(dmn, ) |
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Att: 1 Correct pdf of Doc. | ||
Att: 14 | ||
Tuesday, July 11, 2017 | ||
14 | 14
respoth
Reply to Response to Order to Show Cause
Tue 07/11 9:03 AM
RESPONSE to Court's June 27, 2017 12 Show Cause Order filed by Isaiah Payne. (Miller, Paul) Modified on 7/11/2017 to clean up text and create link to Doc.12 . Wrong event code selected when originally filed. (dmn, ) |
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Wednesday, June 28, 2017 | ||
13 | 13
order
Scheduling Order
Wed 06/28 1:02 PM
UNIFORM SCHEDULING ORDER: An on-the-record Pretrial Conference is scheduled for 9/13/2018 in CR 2-B in Montgomery, AL before Chief Judge William Keith Watkins. Jury Trial set for 10/29/2018 in Montgomery, AL before Chief Judge William Keith Watkins. Amended Pleadings due by 10/30/2017. Discovery due by 2/16/2018. Motions due by 3/19/2018. Mediation Notice due by 3/24/2018. Signed by Honorable Judge David A. Baker on 6/28/2017. Copies furnished to calendar group, AR.(dmn, ) |
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Tuesday, June 27, 2017 | ||
12 | 12
order
Order to Show Cause
Tue 06/27 4:02 PM
ORDER directing Defendant TO SHOW CAUSE why this case should not be remanded as improvidently removed as further set out in the order. Defendant is ORDEREDTO SHOW CAUSE by July 11, 2017, why this action should not be dismissed forlack of diversity jurisdiction; specifically, because the minimum amount incontroversy is not evidenced or satisfied, and the citizenship of the parties is not evidenced as further set out in the order. Show Cause Response due by 7/11/2017. Signed by Honorable Judge David A. Baker on 6/27/2017. (dmn, ) |
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Friday, June 09, 2017 | ||
11 | 11
order
Order Referring Case to Magistrate Judge
Fri 06/09 8:50 AM
ORDER that this action is REASSIGNED to Magistrate Judge David A. Baker and REFERRED to the Magistrate Judge pursuant to 28 U.S.C. 636 for further proceedings and determination or recommendation as may be appropriate. Signed by Chief Judge William Keith Watkins on 6/9/2017. (dmn, ) |
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Tuesday, May 23, 2017 | ||
10 | 10
order
Order on Motion for Protective Order
Tue 05/23 1:41 PM
ORDER that Defendant's9 Motion for Protective Order is DENIED without prejudice. Signed by Honorable Judge Wallace Capel, Jr on 5/23/2017. (dmn, ) |
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Tuesday, May 16, 2017 | ||
9 | 9
motion
Protective Order
Tue 05/16 10:13 AM
MOTION for Protective Order by Isaiah Payne. (Franklin, Patrick) |
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Tuesday, May 02, 2017 | ||
8 | 8
utility
Case Assigned/Reassigned
Tue 05/02 8:58 AM
Case reassigned to Chief Judge William Keith Watkins. Honorable Judge Wallace Capel, Jr no longer assigned to the case as presiding judge. (dmn, ) |
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Friday, April 21, 2017 | ||
7 | 7
misc
Corporate/Conflict Disclosure Statement
Fri 04/21 8:54 AM
Corporate/Conflict Disclosure Statement by Kenneth Davis. (Rousseau, David) |
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Monday, April 17, 2017 | ||
6 | 6
misc
Report of Rule 26(f) Planning Meeting
Mon 04/17 1:22 PM
REPORT of Rule 26(f) Planning Meeting. (Franklin, Patrick) |
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Monday, March 27, 2017 | ||
5 | 5
order
Order ~Util - Set Deadlines
Mon 03/27 12:03 PM
ORDER (with consent forms) directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 4/17/2017. Counsel for the parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 4/17/2017 as further set out in the order. Signed by Honorable Judge Wallace Capel, Jr on 3/27/2017. (dmn, ) |
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4 | 4
misc
Corporate/Conflict Disclosure Statement
Mon 03/27 10:12 AM
Corporate/Conflict Disclosure Statement by Isaiah Payne. (Franklin, Patrick) |
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Friday, March 24, 2017 | ||
3 | 3
answer
Answer to Complaint
Fri 03/24 10:18 AM
ANSWER to Complaint by Isaiah Payne.(Franklin, Patrick) |
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Thursday, March 23, 2017 | ||
2 | 2
notice
Notice of Assignment to Magistrate Judge
Thu 03/23 11:22 AM
NOTICE of Assignment to Magistrate Judge sent to counsel for Kenneth Davis, Isaiah Payne. (dmn, ) |
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Wednesday, March 22, 2017 | ||
1 | 1
notice
Notice of Removal
Thu 03/23 11:19 AM
NOTICE OF REMOVAL by Isaiah Payne from Circuit Court of Montgomery County, Alabama, case number CV16-901410. ( Filing fee $ 400.00 receipt number 4602044659)(dmn, ) |
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Att: 1 Exhibit A, State Court Complaint, | ||
Att: 2 Exhibit B, | ||
Att: 3 Exhibit C, | ||
Att: 4 Exhibit D, Notice of Filing Notice of Removal, | ||
Att: 5 Filing Fee Receipt | ||
cmp
Complaint
Thu 03/23 11:19 AM
COMPLAINT against Isaiah Payne, filed by Kenneth Davis.(dmn, ) (NO PDF, see Doc.1 ) |
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misc
Jury Demand
Thu 03/23 11:23 AM
DEMAND for Trial by Jury by Kenneth Davis. (dmn, ) (NO PDF, see Doc.1 ) |