Evans v. Biewer Lumber, LLC
| Mississippi Southern District Court | |
| Judge: | Carlton W Reeves |
| Referred: | Lakeysha Greer Isaac |
| Case #: | 3:23-cv-03094 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1981 Civil Rights |
| Case Filed: | Nov 16, 2023 |
| Last checked: Tuesday May 14, 2024 3:30 AM CDT |
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Defendant
Biewer Lumber, LLC
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Represented By
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Plaintiff
John Evans
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Represented By
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| Docket last updated: 8 hours ago |
| Wednesday, January 15, 2025 | ||
| 43 | 43
notice
Notice of Appearance
Wed 01/15 5:40 PM
NOTICE of Appearance by Kevin Thomas Hanlon on behalf of John Evans (Hanlon, Kevin) |
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| Wednesday, January 01, 2025 | ||
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utility
Set/Reset Scheduling Order Deadlines/Hearings
Wed 01/01 11:17 AM
Set/Reset Scheduling Order Deadlines/Hearings in accordance with TEXT ONLY ORDER issued 12/27/24 Specifying Times: Jury Trial set for 12/1/2025 09:00 AM before District Judge Carlton W. Reeves; Pretrial Conference set for 10/31/2025 09:00 AM before District Judge Carlton W. Reeves (CCO) |
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| Tuesday, December 31, 2024 | ||
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utility
Set/Reset Scheduling Order Deadlines/Hearings
Tue 12/31 6:44 PM
Set/Reset Scheduling Order Deadlines in accordance with TEXT ONLY ORDER issued 12/27/24: Discovery due by 6/17/2025; Designate Experts Plaintiff Deadline due by 3/18/2025; Designate Experts for Defendant Deadline due by 4/17/2025; Motions due by 7/1/2025; ADR Report due by 10/24/2025 (CCO) |
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| Friday, December 27, 2024 | ||
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order
Order
Fri 12/27 2:55 PM
TEXT ONLY ORDER Revsing Deadlines in this case sue sponte as follows:Trial rescheuled to December 1, 2025; Pretrial Conference rescheduled to October 31, 2025; Discovery deadline extended to June 17, 2025; Plaintiffs Expert Designation extended to March 18, 2025; Defendants Expert Designation extended to April 17, 2025; Motions Deadline extended to July 1, 2025; ADR Report due October 24, 2025. Parties are to contact the court regarding rescheduling settlement conference date. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by Magistrate Judge LaKeysha Greer Isaac on 12/27/24 (CCO) |
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| Tuesday, November 12, 2024 | ||
| 42 | 42
answer
Answer to Amended Complaint
Tue 11/12 11:38 AM
First Amended ANSWER to41 Amended Complaint and Affirmative Defenses of Defendant by Biewer Lumber, LLC.(Adams, Joseph) |
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| Wednesday, October 30, 2024 | ||
| 41 | 41
cmp
Amended Complaint
Wed 10/30 11:02 PM
AMENDED COMPLAINT (dropping class claims and clarifying issues) against Biewer Lumber, LLC, filed by John Evans.(Dillard, Joel) |
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order
Order on Motion for Extension of Time to File
Wed 10/30 10:50 AM
TEXT-ONLY ORDER granting40 Motion for Extension of Time to File Amended Complaint. Signed by District Judge Carlton W. Reeves on 10/30/2024. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC) |
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| Tuesday, October 29, 2024 | ||
| 40 | 40
motion
Extension of Time to File Document
Tue 10/29 9:29 PM
MOTION for Extension of Time to File Amended Complaint by John Evans (Dillard, Joel) |
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| Tuesday, October 15, 2024 | ||
| 39 | 39
3
pgs
order
Order on Motion for Extension of Time to Amend Order on Motion for Judgment on the Pleadings
Tue 10/15 9:42 AM
ORDER denying without prejudice27 Motion for Extension of Time and29 Motion for Judgment on the Pleadings. Signed by District Judge Carlton W. Reeves on 10/15/24. (AC) |
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order
Order on Motion for Extension of Time to Complete Discovery Order on Motion for Extension of Time to File Order on Motion to Extend Deadline
Tue 10/15 9:43 AM
TEXT-ONLY ORDER finding as moot37 Motion for Extension of Time to Complete Discovery, per39 Order. Signed by District Judge Carlton W. Reeves on 10/15/24. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC) |
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| Wednesday, October 09, 2024 | ||
| 38 | 38
5
pgs
respm
Memorandum in Support of Motion
Wed 10/09 10:08 PM
MEMORANDUM in Support re37 MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File MOTION to Extend Class action certification motion, discovery, amendment Deadline filed by John Evans (Dillard, Joel) |
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| 37 | 37
motion
Extension of Time to Complete Discovery Extension of Time to File Document Extend Deadline
Wed 10/09 10:06 PM
MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File , MOTION to Extend Class action certification motion, discovery, amendment Deadline by John Evans (Dillard, Joel) |
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| Monday, July 15, 2024 | ||
| 36 | 36
respm
Rebuttal
Mon 07/15 3:25 PM
Rebuttal re29 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) ,30 Memorandum in Support of Motion filed by Biewer Lumber, LLC (Adams, Joseph) |
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| Monday, July 08, 2024 | ||
| 35 | 35
13
pgs
respm
Memorandum in Opposition to Motion
Mon 07/08 6:24 PM
MEMORANDUM in Opposition re29 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) filed by John Evans (Dillard, Joel) |
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| 34 | 34
respm
Response in Opposition to Motion
Mon 07/08 6:21 PM
RESPONSE in Opposition re29 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) filed by John Evans (Dillard, Joel) |
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| Friday, June 21, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 06/21 12:07 PM
TEXT-ONLY ORDER granting33 Unopposed Motion for Extension of Time to File Response. The new deadline is July 8. Signed by District Judge Carlton W. Reeves on 6/21/24. NO FURTHER WRITTEN ORDER SHALL ISSUE. (AC) |
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| Thursday, June 20, 2024 | ||
| 33 | 33
motion
Extension of Time to File Response/Reply
Thu 06/20 9:48 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to29 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) by John Evans (Dillard, Joel) |
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| Monday, June 10, 2024 | ||
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misc
Docket Annotation
Mon 06/10 6:59 AM
DOCKET ANNOTATION as to #31 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (KNS) |
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| Friday, June 07, 2024 | ||
| 32 | 32
23
pgs
respm
Memorandum in Opposition to Motion
Fri 06/07 5:18 PM
MEMORANDUM in Opposition re27 MOTION for Extension of Time to Amend21 Case Management Order,,,,1 Complaint filed by Biewer Lumber, LLC (Adams, Joseph) |
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| 31 | 31
respm
Response in Opposition to Motion
Fri 06/07 5:10 PM
RESPONSE in Opposition re27 MOTION for Extension of Time to Amend21 Case Management Order,,,,1 Complaint filed by Biewer Lumber, LLC(Adams, Joseph) |
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Att: 1
Exhibit 1 - Proposed Case Management Order
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misc
Docket Annotation
Fri 06/07 9:28 AM
DOCKET ANNOTATION as to #29 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number AND a meaningful description. Attorney is advised to follow this rule in future filings (cwl) |
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| Thursday, June 06, 2024 | ||
| 30 | 30
13
pgs
respm
Memorandum in Support of Motion
Thu 06/06 5:23 PM
MEMORANDUM in Support re29 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) filed by Biewer Lumber, LLC (Adams, Joseph) |
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| 29 | 29
motion
Judgment on the Pleadings
Thu 06/06 5:19 PM
MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) by Biewer Lumber, LLC(Adams, Joseph) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| Monday, June 03, 2024 | ||
| 28 | 28
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pgs
respm
Memorandum in Support of Motion
Mon 06/03 11:06 PM
MEMORANDUM in Support re27 MOTION for Extension of Time to Amend21 Case Management Order,,,,1 Complaint filed by John Evans (Dillard, Joel) |
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| 27 | 27
motion
Extension of Time to Amend
Mon 06/03 10:57 PM
MOTION for Extension of Time to Amend21 Case Management Order,,,,1 Complaint by John Evans (Dillard, Joel) |
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| 26 | 26
respm
Response to Memorandum
Mon 06/03 8:14 AM
RESPONSE to Memorandum re25 Response to21 Order filed by Biewer Lumber, LLC(Adams, Joseph) Modified on 6/3/2024 (KNS) |
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Att: 1
Exhibit 1
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misc
Docket Annotation
Mon 06/03 9:46 AM
DOCKET ANNOTATION as to #26 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (KNS) |
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| Friday, May 31, 2024 | ||
| 25 | 25
respm
Response to Order
Fri 05/31 4:08 PM
Response to Order re21 CLASS CERTIFICATION SCHEDULING ORDER: The parties will exchange initial disclosures regarding class certification issues pursuant to Fed. R. Civ. P. 26 on or prior to May 17, 2024. The deadline for Defendants to respond to Plaintiffs' amended complaint, if any, is June 24, 2024. Discovery must be completed by October 9, 2024. The deadline to file any motions to amend the pleadings or to join additional parties is June 3, 2024. Expert witnesses for class certification, if any, shall be disclosed, in compliance with Federal Rule of Civil Procedure 26, by August 8, 2024 for Plaintiffs, and by September 9, 2024 for Defendants. Daubert motions challenging the parties' class certification experts must be filed by December 9, 2024. Plaintiffs' motion for class certification and memorandum shall be filed by January 23, 2025, and shall not exceed 40 pages; the response by Defendants is due 14 days thereafter and will not exceed 40 pages; and any reply by Plaintiffs will be due 7 days after Defendants' response and will not exceed 20 pages. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/6/24 (NL),24 Response to Order re21 CLASS CERTIFICATION SCHEDULING ORDER: The parties will exchange initial disclosures regarding class certification issues pursuant to Fed. R. Civ. P. 26 on or prior to May 17, 2024. The deadline for Defendants to respond to Plaintiffs' amended complaint, if any, is June 24, 2024. Discovery must be completed by October 9, 2024. The deadline to file any motions to amend the pleadings or to join additional parties is June 3, 2024. Expert witnesses for class certification, if any, shall be disclosed, in compliance with Federal Rule of Civil Procedure 26, by August 8, 2024 for Plaintiffs, and by September 9, 2024 for Defendants. Daubert motions challenging the parties' class certification experts must be filed by December 9, 2024. Plaintiffs' motion for class certification and memorandum shall be filed by January 23, 2025, and shall not exceed 40 pages; the response by Defendants is due 14 days thereafter and will not exceed 40 pages; and any reply by Plaintiffs will be due 7 days after Defendants' response and will not exceed 20 pages. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/6/24 (NL) filed by Biewer Lumber, LLC(Adams, Joseph) filed by John Evans (Dillard, Joel) |
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| Friday, May 17, 2024 | ||
| 24 | 24
respm
Response to Order
Fri 05/17 1:44 PM
Response to Order re21 CLASS CERTIFICATION SCHEDULING ORDER: The parties will exchange initial disclosures regarding class certification issues pursuant to Fed. R. Civ. P. 26 on or prior to May 17, 2024. The deadline for Defendants to respond to Plaintiffs' amended complaint, if any, is June 24, 2024. Discovery must be completed by October 9, 2024. The deadline to file any motions to amend the pleadings or to join additional parties is June 3, 2024. Expert witnesses for class certification, if any, shall be disclosed, in compliance with Federal Rule of Civil Procedure 26, by August 8, 2024 for Plaintiffs, and by September 9, 2024 for Defendants. Daubert motions challenging the parties' class certification experts must be filed by December 9, 2024. Plaintiffs' motion for class certification and memorandum shall be filed by January 23, 2025, and shall not exceed 40 pages; the response by Defendants is due 14 days thereafter and will not exceed 40 pages; and any reply by Plaintiffs will be due 7 days after Defendants' response and will not exceed 20 pages. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/6/24 (NL) filed by Biewer Lumber, LLC(Adams, Joseph) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Attachment Reedy v. Phillips 66 Co.,
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Att: 4
Attachment Shaw v. Helix Energy Solutions Grp., Inc.,
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Att: 5
Attachment Brown v. San Antonio Food Bank,
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Att: 6
Attachment Miller v. Ga. Gulf Corp.,
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Att: 7
Attachment Jones v. Casey's Gen. Stores,
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Att: 8
Attachment Rovinelli v. Trans World Entm't Corp.,
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Att: 9
Attachment Silver v. Pep Boys-Manny, Moe & Jack of Delaware, Inc.,
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Att: 10
Attachment Iron Workers Mid-South Pension Fund v. Davis,
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Att: 11
Attachment Pet Gifts United States, LLC v. Imagine This Co., LLC,
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Att: 12
Attachment White v. Hon Co.,
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Att: 13
Attachment Van Heel v. GCA Educ. Servs.,
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Att: 14
Attachment Roberts v. Baptist Healthcare Sys., LLC
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| Friday, May 10, 2024 | ||
| 23 | 23
discov
Notice of Service of Response to Request for Production
Fri 05/10 9:01 AM
First NOTICE of Service of Response to Request for Production by John Evans (Dillard, Joel) |
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| 22 | 22
discov
Notice of Service of Response to Interrogatories
Fri 05/10 8:58 AM
First NOTICE of Service of Response to Interrogatories by John Evans (Dillard, Joel) |
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| Monday, May 06, 2024 | ||
| 21 | 21
4
pgs
order
Case Management Order
Mon 05/06 10:37 AM
CLASS CERTIFICATION SCHEDULING ORDER: The parties will exchange initial disclosures regarding class certification issues pursuant to Fed. R. Civ. P. 26 on or prior to May 17, 2024. The deadline for Defendants to respond to Plaintiffs' amended complaint, if any, is June 24, 2024. Discovery must be completed by October 9, 2024. The deadline to file any motions to amend the pleadings or to join additional parties is June 3, 2024. Expert witnesses for class certification, if any, shall be disclosed, in compliance with Federal Rule of Civil Procedure 26, by August 8, 2024 for Plaintiffs, and by September 9, 2024 for Defendants. Daubert motions challenging the parties' class certification experts must be filed by December 9, 2024. Plaintiffs' motion for class certification and memorandum shall be filed by January 23, 2025, and shall not exceed 40 pages; the response by Defendants is due 14 days thereafter and will not exceed 40 pages; and any reply by Plaintiffs will be due 7 days after Defendants' response and will not exceed 20 pages. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/6/24 (NL) |
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| Thursday, May 02, 2024 | ||
| 20 | 20
discov
Notice of Service of Disclosure
Thu 05/02 4:52 PM
NOTICE of Service of Defendant's Supplemental Initial Disclosure by Biewer Lumber, LLC (Adams, Joseph) |
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| Wednesday, April 24, 2024 | ||
| 19 | 19
discov
Notice of Service of Response to Interrogatories
Wed 04/24 3:59 PM
NOTICE of Service of Response to Interrogatories by Biewer Lumber, LLC (Adams, Joseph) |
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| 18 | 18
discov
Notice of Service of Response to Request for Production
Wed 04/24 2:58 PM
NOTICE of Service of Response to Request for Production by Biewer Lumber, LLC (Adams, Joseph) |
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| 17 | 17
discov
Notice of Service of Disclosure
Wed 04/24 10:05 AM
NOTICE of Service of Defendant's Initial Disclosure by Biewer Lumber, LLC (Adams, Joseph) |
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| Friday, March 15, 2024 | ||
| 16 | 16
discov
Notice of Service of Request for Production
Fri 03/15 4:22 PM
NOTICE of Service of First Request for Production by Biewer Lumber, LLC (Adams, Joseph) |
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| 15 | 15
discov
Notice of Service of Interrogatories
Fri 03/15 4:21 PM
NOTICE of Service of First Set of Interrogatories by Biewer Lumber, LLC (Adams, Joseph) |
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| Tuesday, March 12, 2024 | ||
| 14 | 14
notice
Rule 16(a) Initial Order
Tue 03/12 10:05 AM
Rule 16(a) Initial Order: PLEASE NOTE - DATE/TIME REMAIN THE SAME: Telephonic Case Management Conference set for 4/25/2024 10:00 AM before Magistrate Judge LaKeysha Greer Isaac. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to isaac_chambers@mssd.uscourts.gov. The parties are instructed to use the following Dial-in Number for the Conference: (888) 684-8852 PASSCODE: 3566012 (PLEASE NOTE: Parties are directed to use the Case Management Order Form 1 found on the website of the US District Court for the Southern District of MS - Form Last Updated: Jan 2022). (NL) |
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| Monday, March 11, 2024 | ||
| 13 | 13
discov
Notice of Service of Request for Production
Mon 03/11 4:31 PM
NOTICE of Service of Request for Production by John Evans (Dillard, Joel) |
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| 12 | 12
discov
Notice of Service of Interrogatories
Mon 03/11 4:30 PM
NOTICE of Service of Interrogatories by John Evans (Dillard, Joel) |
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| 11 | 11
discov
Notice of Service of Disclosure
Mon 03/11 4:30 PM
First NOTICE of Service of Disclosure by John Evans (Dillard, Joel) |
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| Monday, March 04, 2024 | ||
| 10 | 10
1
pgs
order
Order of Recusal
Mon 03/04 11:52 AM
ORDER OF RECUSAL. Magistrate Judge Andrew S. Harris recused. Case reassigned to Magistrate Judge LaKeysha Greer Isaac for all further proceedings. Signed by Magistrate Judge Andrew S. Harris on 3/4/2024 (KNS) |
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utility
Remark
Mon 03/04 11:55 AM
Remark: Parties should include the reassigned Magistrate Judge's initials LGI on future filings. (KNS) |
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| Friday, March 01, 2024 | ||
| 9 | 9
9
pgs
order
Order Reassigning Case
Fri 03/01 12:10 PM
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Andrew S. Harris for all further proceedings. Magistrate Judge F. Keith Ball no longer assigned to case. Signed by Magistrate Judge Andrew S. Harris on 03/01/2024 (CO) |
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utility
Remark
Fri 03/01 12:11 PM
Remark: Parties should include the newly assigned Magistrate Judge's initials ASH on future filings. (CO) |
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| Friday, February 09, 2024 | ||
| 8 | 8
notice
Rule 16(a) Initial Order
Fri 02/09 1:17 PM
Rule 16(a) Initial Order Telephonic Case Management Conference set for 4/25/2024 10:00 AM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ) |
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| Tuesday, January 30, 2024 | ||
| 7 | 7
answer
Answer to Complaint
Tue 01/30 3:08 PM
ANSWER to1 Complaint and Affirmative Defenses of Defendant by Biewer Lumber, LLC.(Adams, Joseph) |
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| Friday, January 12, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Fri 01/12 10:10 AM
TEXT-ONLY ORDER granting6 Motion for Extension of Time to Answer re1 Complaint. The deadline for Defendant Biewer Lumber, LLC to respond to Plaintiff's Complaint is extended to 1/30/2024. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 1/12/2024 (MAM) |
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| Thursday, January 11, 2024 | ||
| 6 | 6
motion
Extension of Time to File Answer
Thu 01/11 10:48 AM
Unopposed MOTION for Extension of Time to File Answer or Other Initial Pleading by Biewer Lumber, LLC (Adams, Joseph) |
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| Thursday, December 28, 2023 | ||
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misc
Docket Annotation
Thu 12/28 7:09 AM
DOCKET ANNOTATION as to #s [4, 5]: Attorney is advised to include Northern Division name in future filings. (KNS) |
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| Wednesday, December 27, 2023 | ||
| 5 | 5
notice
Notice of Appearance
Wed 12/27 2:23 PM
NOTICE of Appearance by Dakota James Stephens on behalf of Biewer Lumber, LLC (Stephens, Dakota) |
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| 4 | 4
notice
Notice of Appearance
Wed 12/27 2:20 PM
NOTICE of Appearance by Joseph Lee Adams on behalf of Biewer Lumber, LLC (Adams, Joseph) |
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| Wednesday, December 13, 2023 | ||
| 3 | 3
service
Waiver of Service Executed
Wed 12/13 5:22 PM
WAIVER OF SERVICE Returned Executed by John Evans. Biewer Lumber, LLC waiver sent on 11/17/2023, answer due 1/16/2024. (Dillard, Joel) |
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| Monday, November 20, 2023 | ||
| 2 | 2
service
Request for Waiver of Service
Mon 11/20 3:38 PM
REQUEST FOR WAIVER of Service sent to Biewer Lumber, LLC on 11/20/2023 by John Evans. Waiver of Service due by 12/20/2023 (Dillard, Joel) |
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| Thursday, November 16, 2023 | ||
| 1 | 1
5
pgs
cmp
Complaint
Thu 11/16 2:16 PM
COMPLAINT against Biewer Lumber, LLC ( Filing fee $ 402 receipt number AMSSDC-5270023), filed by John Evans.(KNS) |
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Att: 1
Civil Cover Sheet
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