Townsend v. Win-Holt Equipment Corporation(MAG2)

Federal Civil Lawsuit Alabama Middle District Court, Case No. 2:17-cv-00218
District Judge Myron H. Thompson, presiding
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District Judge Myron H. Thompson
Last Updated July 28, 2025 at 2:20 AM EDT (6.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anonymized Party [4A5CE59], Plaintiff

Represented by Morris, Cary, Andrews, Talmadge & Driggers, LLC

Name Phone Fax E-Mail
Space Brittney Shae Bragg bbragg@mcatlaw.com
v.
No Logo National Cart Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Carol Thetford Montgomery
Space Katherine T. Powell
Space Caroline D. Walker

Represented by Butler Snow O'Mara Stevens & Cannada, PLLC

Name Phone Fax E-Mail
Space Carol Thetford Montgomery +1 205 297 2263 +1 205 297 2201 carol.montgomery@butlersnow.com
Space Katherine T Powell +1 205 297 2200 +1 205 297 2201 Katie.powell@butlersnow.com
Space Caroline D. Walker +1 205 297 2200 +1 205 297 2201 caroline.walker@butlersnow.com
No Logo Win-holt Equipment Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Roderick Kim Nelson

Represented by Spain & Gilllon LLC

Name Phone Fax E-Mail
Space Roderick Kim Nelson rnelson@spain-gillon.com
Other Parties
No Logo National Cart Corporation, Intervenor defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Carol Thetford Montgomery
Space Katherine T. Powell
Space Caroline D. Walker
No Logo Win-holt Equipment Corporation, Intervenor defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Roderick Kim Nelson
No Logo Wal-Mart Associates, Inc., Intervenor plaintiff

Represented by Webster Henry Bradwell Cohen Speagle & DeShazo, PC

Name Phone Fax E-Mail
Space Michael Joseph Cohan +1 334 264 9472 +1 334 887 0983 mcohan@websterhenry.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit Personal Inj. Prod. Liability
Jurisdiction Diversity
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
  Entries (76) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 62 Filed: 10/17/2018, Entered: 10/17/2018 Court Filing
JUDGMENT: Pursuant to the 61 Joint Stipulation of Dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice and with each party to bear its own costs. All pending motions are denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 10/17/2018. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
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Legal Document (Payment Possibly Required) 61 Filed: 10/17/2018, Entered: 10/17/2018
REVISED JOINT STIPULATION of Dismissal
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Legal Document (Payment Possibly Required) 60 Filed: 10/11/2018, Entered: 10/11/2018 Court Filing
ORDER: This case is before the court on the joint stipulation of dismissal with prejudice (doc. no. 59 ) signed by plaintiff 4A5CE59 and defendant Win-Holt Equipment Corporation. FRCP 41(a)(1)(A)(ii) allows for voluntary dismissal of a case upon the filing of a stipulation of dismissal signed by all parties who have appeared. (Emphasis added.) The courts docket shows a pending complaint in intervention (doc. no. 37 ) by intervenor plaintiff Wal-Mart Associates, Inc. However, Wal-Mart Associates has not signed the stipulation of dismissal. The bottom-line question is whether this case should be closed in its entirety and all parties claims dismissed with prejudice. Accordingly, it is ORDERED that: (1) By 10/18/2018, the plaintiff shall file either a stipulation of dismissal that complies with Rule 41(a)(1)(A)(ii), or other appropriate motion for voluntary dismissal under Rule 41. (2) By 10/18/2018, Wal-Mart Associates, Inc., shall notify the court in writing as to whether it seeks to proceed with its intervenor complaint, and if if does not seek to proceed, file an appropriate motion or stipulation to dismiss its complaint in compliance with Rule 41. (The parties may, if they wish, dismiss both the plaintiffs and the intervenor plaintiffs claims in the same document, so long as the joint filing is clear and complies with Rule 41.) Signed by Honorable Judge Myron H. Thompson on 10/11/2018. (dmn, )
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Legal Document (Payment Possibly Required) 59 Filed: 10/11/2018, Entered: 10/11/2018
JOINT STIPULATION of Dismissal by Win-Holt Equipment Corporation and 4A5CE59. (Nelson, Roderick) Modified on 10/11/2018 to include additional filer. (dmn, )
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Legal Document (Payment Possibly Required) 58 Filed: 10/9/2018, Entered: 10/9/2018 Court Filing
ORDER: it is ORDERED that the pretrial conference scheduled for Thursday 10/11/2018, and the trial set for the term of court commencing 11/19/2018, are hereby CANCELED, pending further order of court; further ORDERED that the Clerk is directed to terminate all pretrial deadlines in the court's 10 Uniform Scheduling Order. Signed by Honorable Judge David A. Baker on 10/9/2018. (furn: calendar, ag)(Term: PTC for 10/11/2018; Jury Trial for 11/19/2018) (wcl, )
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Legal Document (Payment Possibly Required) 57 Filed: 10/4/2018, Entered: 10/4/2018 Court Filing
ORDER: It is ORDERED that Win-Holt Equipment Corporation's 56 Motion for Reconsideration, Modification, or Extension of Time is granted to the extent that the deadline for submission of the parties' Rule 26(f) report is suspended until further order of court. It is further ORDERED that Win-Holt Equipment Corporation shall provide additional briefing, limited to no more than 10 pages of argument, on its statue of limitations defense by 10/15/2018. Plaintiff, 4A5CE59, shall file his response, limited to no more than ten pages, within ten days of the date Win-Holt's brief is filed. No further briefing will be permitted absent order of court. Signed by Honorable Judge David A. Baker on 10/4/2018. (dmn, )
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Legal Document (Payment Possibly Required) 56 Filed: 10/1/2018, Entered: 10/1/2018
MOTION for Reconsideration or Modification of 55 Order, or Extension of Time by Win-Holt Equipment Corporation. (Nelson, Roderick) Modified on 10/4/2018 to create link and include additional motions. (dmn, )
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Legal Document (Payment Possibly Required) 55 Filed: 9/26/2018, Entered: 9/26/2018 Court Filing
ORDER: the parties are hereby ORDERED to confer and file an updated Rule 26(f) report containing the discovery plan and other proposed pretrial deadlines as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 10/10/2018. Signed by Honorable Judge David A. Baker on 9/26/2018. (wcl, )
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Legal Document (Payment Possibly Required) 54 Filed: 9/25/2018, Entered: 9/25/2018 Court Filing
OPINION AND ORDER: Defendant National Cart removed this case but has since been dismissed, and Win-Holt Equipment Corporation was replaced as the defendant. It is ORDERED as follows: (1) Defendant Win-Holt Equipment Corporation's objection (doc. no. 53 ) is sustained. (2) The magistrate judges recommendation (doc. no. 52 ) is rejected. (3) This case is not remanded to state court. (4) The case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/25/2018. (dmn, ) (Main Document 54 replaced on 9/25/2018 due to typographical error.) (dmn, ). Modified on 9/25/2018 (dmn, ).
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Blank  Filed: 8/15/2018, Entered: None
OBJECTION to 52 Report and Recommendations by Win-Holt Equipment Corporation. (dmn, ) (NO PDF, see Doc. 53 . Wrong event code selected when originally filed.) (Entered: 08/16/2018)
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Blank  Filed: 8/15/2018, Entered: 8/16/2018
OBJECTION to 52 Report and Recommendations by Win-Holt Equipment Corporation. (dmn, ) (NO PDF, see Doc. 53 . Wrong event code selected when originally filed.)
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Legal Document (Payment Possibly Required) 53 Filed: 8/15/2018, Entered: 8/15/2018
Response to Order Objection to Report & Recommendation by Win-Holt Equipment Corporation. (Attachments: # 1 Exhibit)(Nelson, Roderick)
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Legal Document (Payment Possibly Required) 52 Filed: 8/10/2018, Entered: 8/10/2018 Court Filing
REPORT AND RECOMMENDATION of the undersigned that this action should be remanded to the Circuit Court of Autauga County, Alabama, for lack of diversity jurisdiction; specifically, because the minimum amount in controversy is not evidenced or satisfied. Objections to R&R due by 8/24/2018. Signed by Honorable Judge David A. Baker on 8/10/2018. (dmn, )
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Blank  Filed: 8/1/2018, Entered: None
RESPONSE TO 50 ORDER TO SHOW CAUSE by 4A5CE59. (dmn, )(NO PDF, see Doc. 51 for pdf. The wrong event code selected when originally filed.) (Entered: 08/01/2018)
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Blank  Filed: 8/1/2018, Entered: 8/1/2018
RESPONSE TO 50 ORDER TO SHOW CAUSE by 4A5CE59. (dmn, )(NO PDF, see Doc. 51 for pdf. The wrong event code selected when originally filed.)
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Legal Document (Payment Possibly Required) 51 Filed: 8/1/2018, Entered: 8/1/2018
First MOTION for Order to Show Cause Response by 4A5CE59. (Bragg, Brittney)
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Legal Document (Payment Possibly Required) 50 Filed: 7/23/2018, Entered: 7/23/2018 Court Filing
ORDER TO SHOW CAUSE: This matter is before the Court sua sponte. As the Court finds reason to question the existence of its jurisdiction, Plaintiff is ORDERED TO SHOW CAUSE in writing, within fourteen (14) days of the date of this Order, the factual basis for this Court's diversity jurisdiction as it relates to both the citizenship of the parties and the jurisdictional amount. Signed by Honorable Judge David A. Baker on 7/23/2018. (dmn, )
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Legal Document (Payment Possibly Required) 49 Filed: 5/11/2018, Entered: 5/11/2018 Court Filing
OPINION AND ORDER: It is ORDERED that: (1) The United States Magistrate Judge's recommendation (doc. no. 38 ) is adopted in part, as discussed above. (2) The motion to dismiss (doc. no. 22 ) is denied in part to the extent that it requests dismissal on the basis that the complaint is a shotgun pleading, butremains pending on the statute-of-limitations argument. (3) This case is referred back to the magistrate judge for further consideration in light of this order. Signed by Honorable Judge Myron H. Thompson on 5/11/2018. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
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Legal Document (Payment Possibly Required) 48 Filed: 5/10/2018, Entered: 5/10/2018 Court Filing
JUDGMENT: Pursuant to the stipulation of dismissal (doc. no. 47 ), it is the ORDER, JUDGMENT, and DECREE of the court that defendant National Cart, LLC d/b/a National Cart Company (incorrectly named in the complaint as National Cart Corporation) is dismissed with prejudice and terminated as a party, with costs taxed as paid. All claims against defendant Win-Holt Corporation and the intervenors claims remain pending. It is further ORDERED that defendant National Cart Corporations motion to dismiss (doc. no. 24 ) is denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 5/10/2018. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
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Legal Document (Payment Possibly Required) 47 Filed: 5/1/2018, Entered: 5/1/2018
PRO TANTO STIPULATION of Dismissal of Defendant National Cart, LLC d/b/a National Cart Company by National Cart Corporation, 4A5CE59. (Powell, Katherine) Modified on 5/8/2018 to include additional filer. (dmn, )
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Legal Document (Payment Possibly Required) 46 Filed: 2/27/2018, Entered: 2/27/2018
NOTICE of Pro Tanto Settlement by National Cart Corporation, 4A5CE59. (Powell, Katherine) Modified on 2/27/2018 to add as also filed on behalf of the plf (wcl, ).
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Legal Document (Payment Possibly Required) 45 Filed: 2/8/2018, Entered: 2/8/2018 Court Filing
Objection to Magistrate Judge's 38 Report and Recommendation filed by National Cart Corporation. (Powell, Katherine) Modified on 3/7/2018 to create link. (dmn, )
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Legal Document (Payment Possibly Required) 44 Filed: 2/8/2018, Entered: 2/8/2018
Response to Order re 38 REPORT AND RECOMMENDATIONS re 22 MOTION to Dismiss Amended Complaint filed by Win-Holt Equipment Corporation, 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN PLAINTIFF'S AMENDED COMPLAINT filed by National Cart Cor Objection to Report & Recommendation by Win-Holt Equipment Corporation. (Nelson, Roderick)
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Legal Document (Payment Possibly Required) 43 Filed: 2/1/2018, Entered: 2/1/2018 Court Filing
ORDER: This matter comes before the Court on the parties' joint motion for extension of time to file their Rule 26(f) Report. (Doc. 42 ). Upon consideration, the motion is GRANTED IN PART and the parties are ORDERED to file their Report not later than March 1, 2018. Signed by Honorable Judge David A. Baker on 2/1/2018. (dmn, )
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Legal Document (Payment Possibly Required) 42 Filed: 1/31/2018, Entered: 1/31/2018
Joint MOTION for Extension of Deadline for Filing of Rule 26 Report by National Cart Corporation, Win-Holt Equipment Corporation, 4A5CE59, Wal-Mart Associates, Inc.. (Montgomery, Carol) Modified on 1/31/2018 to add as filed on behalf of all parties (wcl, ).
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Blank  Filed: 1/26/2018, Entered: None
***Attorney Caroline D. Walker, Carol Thetford Montgomery added for Intervenor Defendant National Cart Corporation. (dmn, ) (see Doc. 41 for pdf) (Entered: 01/29/2018)
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Blank  Filed: 1/26/2018, Entered: 1/29/2018
***Attorney Caroline D. Walker, Carol Thetford Montgomery added for Intervenor Defendant National Cart Corporation. (dmn, ) (see Doc. 41 for pdf)
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Legal Document (Payment Possibly Required) 41 Filed: 1/26/2018, Entered: 1/26/2018
ANSWER to 37 Intervenor Complaint by National Cart Corporation.(Powell, Katherine)
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Legal Document (Payment Possibly Required) 40 Filed: 1/22/2018, Entered: 1/22/2018 Court Filing
ORDER: This matter comes before the Court on Defendants joint motion for extension of time to filed objections to the Report and Recommendation. (Doc. 39 ). Upon consideration, the motion is GRANTED and the parties are ORDERED to file their objections not later than 2/11/2018. Signed by Honorable Judge David A. Baker on 1/22/2018. (dmn, )
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Legal Document (Payment Possibly Required) 39 Filed: 1/19/2018, Entered: 1/19/2018
Joint MOTION for Extension of Time to File Response/Reply Objections to Report and Recommendation by National Cart Corporation, Win-Holt Equipment Corporation. (Powell, Katherine)
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Legal Document (Payment Possibly Required) 38 Filed: 1/8/2018, Entered: 1/8/2018 Court Filing
REPORT AND RECOMMENDATION: It is the RECOMMENDATION of the Magistrate Judge that Defendants' motions to dismiss (Docs. 22 , 24 ) are due to be DENIED. Objections to R&R due by 1/22/2018. Signed by Honorable Judge David A. Baker on 1/8/2018. (dmn, )
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Legal Document (Payment Possibly Required) 37 Filed: 1/5/2018, Entered: 1/5/2018
Intervenor COMPLAINT , filed by Wal-Mart Associates, Inc. against National Cart Corporation, Win-Holt Equipment Corporation. (Cohan, Michael) Modified on 1/8/2018 to include additional text. (dmn, )
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Legal Document (Payment Possibly Required) 36 Filed: 1/5/2018, Entered: 1/5/2018 Court Filing
ORDER: This matter comes before the Court on the 29 Motion to Intervene filed by Wal-Mart Associates, Inc. Upon consideration, the motion is GRANTED. The parties are further ORDERED to submit a new report pursuant to FRCP 26(f) due to passage of time. The Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later then 1/31/2018. It is further ORDERED that for all future motions in this case, the parties are to confer in good faith to resolve any disputes, to stipulate to points of agreement and narrow any remaining issues, and to indicate whether the motion is opposed or agreed to. Responses to motions shall be due fourteen (14) days after the filing of the motion, and any reply to the response within seven (7) days of the filing of the response. Signed by Honorable Judge David A. Baker on 1/5/2018. (dmn, )
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Blank  Filed: 12/20/2017, Entered: None
Case reassigned to Honorable Judge David A. Baker. Honorable Judge Wallace Capel, Jr no longer assigned to the case as referral judge (NO PDF document attached to this notice). (djy, ) (Entered: 12/20/2017)
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Blank  Filed: 12/20/2017, Entered: 12/20/2017
Case reassigned to Honorable Judge David A. Baker. Honorable Judge Wallace Capel, Jr no longer assigned to the case as referral judge (NO PDF document attached to this notice). (djy, )
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Legal Document (Payment Possibly Required) 35 Filed: 12/8/2017, Entered: 12/8/2017
RESPONSE to Motion re 29 MOTION to Intervene filed by National Cart Corporation. (Powell, Katherine)
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Blank  Filed: 12/7/2017, Entered: None
Case Reassigned to Honorable Judge Wallace Capel, Jr; Honorable Judge Terry F. Moorer no longer assigned to the case as referral judge. (kh, ) (Entered: 12/07/2017)
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Blank  Filed: 12/7/2017, Entered: 12/7/2017
Case Reassigned to Honorable Judge Wallace Capel, Jr; Honorable Judge Terry F. Moorer no longer assigned to the case as referral judge. (kh, )
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Blank 34 Filed: 11/28/2017, Entered: 11/28/2017 Court Filing
TEXT ORDER: In light of the current posture of the case, the Joint Motion to Stay Outstanding deadlines (Doc. 31 ) is GRANTED. The remaining deadlines are hereby suspended pending determination of the outstanding motion to dismiss and motion to intervene. Signed by Honorable Judge Terry F. Moorer on 11/28. (no pdf document attached to this entry)(kh, )
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Legal Document (Payment Possibly Required) 33 Filed: 11/21/2017, Entered: 11/21/2017
REPLY to Response to Motion re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN PLAINTIFF'S AMENDED COMPLAINT filed by National Cart Corporation. (Powell, Katherine)
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Legal Document (Payment Possibly Required) 32 Filed: 11/21/2017, Entered: 11/21/2017 Court Filing
ORDERED that the parties shall file any responses on or before December 8, 2017. Wal-Mart shall have until December 15, 2017 to file any reply it wishes to file. The motion shall be taken under submission on that day for determination without oral argument unless the Court later determines oral argument is necessary. The parties are further advised that they are required to submit a paper courtesy copy of briefs and supporting evidence to the Chambers of the undersigned if their motion and/or brief exceeds twenty (20) pages in length. Signed by Honorable Judge Terry F. Moorer on 11/21/2017. (kh, )
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Legal Document (Payment Possibly Required) 31 Filed: 11/15/2017, Entered: 11/15/2017
JOINT MOTION TO STAY OUTSTANDING DEADLINES by National Cart Corporation, 4A5CE59, and Win-Holt Equipment Corporation. (Powell, Katherine) Modified on 11/16/2017 to add as filed on behalf of the additional parties (kh, ).
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Legal Document (Payment Possibly Required) 30 Filed: 11/9/2017, Entered: 11/9/2017
Corporate/Conflict Disclosure Statement by Wal-Mart Associates, Inc.. (Cohan, Michael)
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Legal Document (Payment Possibly Required) 29 Filed: 11/9/2017, Entered: 11/9/2017
MOTION to Intervene by Wal-Mart Associates, Inc.. (Attachments: # 1 Exhibit Proposed Complaint)(Cohan, Michael)
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Legal Document (Payment Possibly Required) 28 Filed: 11/9/2017, Entered: 11/9/2017
Corporate/Conflict Disclosure Statement by 4A5CE59. (Bragg, Brittney)
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Legal Document (Payment Possibly Required) 27 Filed: 11/8/2017, Entered: 11/8/2017
RESPONSE in Opposition re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN PLAINTIFF'S AMENDED COMPLAINT Plaintiff's Response to Defendant National Cart's Motion to Dismiss Amended Complaint filed by 4A5CE59. (Bragg, Brittney)
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Legal Document (Payment Possibly Required) 26 Filed: 11/1/2017, Entered: 11/1/2017
REPLY to Response to Motion re 22 MOTION to Dismiss Amended Complaint filed by Win-Holt Equipment Corporation. (Nelson, Roderick)
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Legal Document (Payment Possibly Required) 25 Filed: 10/27/2017, Entered: 10/27/2017 Court Filing
ORDER: Upon consideration of the Defendant National Cart's Motion to Dismiss Plaintiff's Amended Complaint (Doc. 24 , filed 10/23/17), it is ORDERED that the Plaintiff shall file his response on or before November 15, 2017. Defendants shall have until November 22, 2017 to file any reply it wishes to file. The motion shall be taken under submission on that day for determination without oral argument unless the Court later determines oral argument is necessary. Additionally, Plaintiff has already responded to Win Holt Equipment Corp.'s Motion to Dismiss Amended Complaint (Doc. 22 , filed 10/12/17). See Doc. 23. As such, Defendant shall have until November 2, 2017 to file any reply it wishes to file. The parties are further advised that they are required to submit a paper courtesy copy of briefs and supporting evidence to the Chambers of the undersigned if their motion and/or brief exceeds twenty (20) pages in length. Signed by Honorable Judge Terry F. Moorer on 10/27/2017. (kh, )
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Legal Document (Payment Possibly Required) 24 Filed: 10/23/2017, Entered: 10/23/2017
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IN PLAINTIFF'S AMENDED COMPLAINT by National Cart Corporation. (Powell, Katherine)
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Legal Document (Payment Possibly Required) 23 Filed: 10/20/2017, Entered: 10/20/2017
Response to Motion re 22 MOTION to Dismiss Amended Complaint Plaintiff's Reply Motion to Defendant Win Holt's Motion to Dismiss Amended Complaint filed by 4A5CE59. (Bragg, Brittney) Modified on 10/27/2017 to clarify the text(kh, ).
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Legal Document (Payment Possibly Required) 22 Filed: 10/12/2017, Entered: 10/12/2017
MOTION to Dismiss Amended Complaint by Win-Holt Equipment Corporation. (Nelson, Roderick)
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Legal Document (Payment Possibly Required) 21 Filed: 10/12/2017, Entered: 10/12/2017
Corporate/Conflict Disclosure Statement by Win-Holt Equipment Corporation. (Nelson, Roderick)
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Legal Document (Payment Possibly Required) 20 Filed: 10/10/2017, Entered: 10/10/2017
AMENDED COMPLAINT against All Defendants, filed by 4A5CE59.(Bragg, Brittney)
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Legal Document (Payment Possibly Required) 19 Filed: 10/6/2017, Entered: 10/6/2017 Court Filing
ORDER: Pending before the Court is Plaintiff's Motion to Amend Complaint (Doc. 13 , filed 9/1/17) as supplemented by the brief in support (Doc. 15 , filed 9/8/17), the Defendants response (Doc. 17 , filed 9/15/17), and Plaintiff's reply (Doc. 18 , filed 9/21/17). After a careful review of the filings, it is hereby ORDERED that the motion to amend is GRANTED. Signed by Honorable Judge Terry F. Moorer on 10/6/2017. (kh, )
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Legal Document (Payment Possibly Required) 18 Filed: 9/21/2017, Entered: 9/21/2017
REPLY to Response to Motion re 13 First MOTION to Amend/Correct Complaint Reply Motion to Defendant's Response to Plaintiff's Motion to Amend filed by 4A5CE59. (Bragg, Brittney)
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Legal Document (Payment Possibly Required) 17 Filed: 9/15/2017, Entered: 9/15/2017
RESPONSE to Motion re 13 First MOTION to Amend/Correct Complaint filed by National Cart Corporation. (Powell, Katherine)
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Legal Document (Payment Possibly Required) 16 Filed: 9/8/2017, Entered: 9/8/2017
NOTICE of Appearance by Caroline D. Walker on behalf of National Cart Corporation (Walker, Caroline)
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Legal Document (Payment Possibly Required) 15 Filed: 9/8/2017, Entered: 9/8/2017
BRIEF/MEMORANDUM in Support of Motion to Amend Complaint filed by 4A5CE59. (Attachments: # 1 Supplement Amended Complaint)(Bragg, Brittney)
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Legal Document (Payment Possibly Required) 14 Filed: 9/1/2017, Entered: 9/1/2017 Court Filing
ORDERED that Plaintiff shall supplement his motion with a brief addressing the above. The brief shall be filed on or before September 11, 2017. Defendant shall have until September 18, 2017 to file any response it wishes to file to the motion and brief. Signed by Honorable Judge Terry F. Moorer on 9/1/2017. (kh, )
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Legal Document (Payment Possibly Required) 13 Filed: 9/1/2017, Entered: 9/1/2017
First MOTION to Amend/Correct Complaint by 4A5CE59. (Attachments: # 1 Supplement Initial Complaint, # 2 Supplement Amended Complaint)(Bragg, Brittney)
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Legal Document (Payment Possibly Required) 12 Filed: 8/28/2017, Entered: 8/28/2017
NOTICE of Non-Compliance re 11 Request for Production of Documents which is hereby STRICKEN pursuant to Local Rules re: Non-Filing of Civil Discovery. (Attachments: # 1 Local Rule 26.3 Excerpt)(kh, )
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Legal Document (Payment Possibly Required) 11 Filed: 8/24/2017, Entered: 8/24/2017
(STRICKEN pursuant to Local Rules re: Non-Filing of Civil Discovery) REQUEST for Production of Documents by 4A5CE59. (Attachments: # 1 Supplement P's Roggs to D)(Bragg, Brittney) Modified on 8/28/2017 (kh, ). (Main Document 11 replaced on 8/28/2017) (kh, ). (Attachment 1 replaced on 8/28/2017) (kh, ).
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Legal Document (Payment Possibly Required) 10 Filed: 6/14/2017, Entered: 6/14/2017 Court Filing
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 10/11/2018, in Montgomery, AL before Honorable Judge Myron H. Thompson; Jury Trial set for 11/19/2018, in Montgomery, AL before Honorable Judge Myron H. Thompson; Dispositive Motions due by 4/13/2018; Mediation Notice due by 5/5/2018; Amended Pleadings due by 7/31/2017; Discovery due by 1/3/2018, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 6/14/2017. (furn: cb, ag, calendar)(kh, )
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Legal Document (Payment Possibly Required) 9 Filed: 6/13/2017, Entered: 6/13/2017 Court Filing
ORDER REFERRING CASE to Magistrate Judge Terry F. Moorer, pursuant to 28 U.S.C. 636, for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 6/13/17. (djy, ) Modified on 6/13/2017 to correct a typo in the docket text (qc/wcl, ).
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Legal Document (Payment Possibly Required) 8 Filed: 6/12/2017, Entered: 6/12/2017 Court Filing
Case Reassigned to Honorable Judge Myron H. Thompson; Honorable Judge Terry F. Moorer no longer assigned to the case as presiding judge. (kh, )
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Legal Document (Payment Possibly Required) 7 Filed: 6/9/2017, Entered: 6/9/2017
REPORT of Rule 26(f) Planning Meeting. (Montgomery, Carol)
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Legal Document (Payment Possibly Required) 6 Filed: 5/24/2017, Entered: 5/24/2017 Court Filing
ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 6/13/2017; directing counsel for the parties to complete the appropriate attached form so that the form is received by the clerk on or before 6/13/2017, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 5/24/17. (djy, )
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Legal Document (Payment Possibly Required) 5 Filed: 5/22/2017, Entered: 5/22/2017 Court Filing
NOTICE of Assignment to Magistrate Judge sent to counsel for 4A5CE59 (kh, )
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Blank  Filed: 5/22/2017, Entered: None
***Attorney Brittney Shae Bragg for 4A5CE59 added pursuant to the 1 complaint. (no pdf document attached to this entry) (kh, ) (Entered: 05/22/2017)
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Blank  Filed: 5/22/2017, Entered: 5/22/2017
***Attorney Brittney Shae Bragg for 4A5CE59 added pursuant to the 1 complaint. (no pdf document attached to this entry) (kh, )
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Legal Document (Payment Possibly Required) 4 Filed: 4/27/2017, Entered: 4/27/2017 Court Filing
NOTICE of Assignment to Magistrate Judge sent to counsel for National Cart Corporation, 4A5CE59 (kh, )
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Legal Document (Payment Possibly Required) 3 Filed: 4/13/2017, Entered: 4/17/2017
Corporate/Conflict Disclosure Statement by National Cart Corporation. (kh, )
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Legal Document (Payment Possibly Required) 2 Filed: 4/13/2017, Entered: 4/17/2017
ANSWER to Complaint with Jury Demand by National Cart Corporation.(kh, )
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Blank  Filed: 4/13/2017, Entered: None
COMPLAINT against National Cart Corporation, filed by 4A5CE59.(no pdf document attached to this entry - see docket entry 1 for pdf )(kh, ) (Entered: 04/17/2017)
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Blank  Filed: 4/13/2017, Entered: 4/17/2017
COMPLAINT against National Cart Corporation, filed by 4A5CE59.(no pdf document attached to this entry - see docket entry 1 for pdf )(kh, )
LREF
Legal Document (Payment Possibly Required) 1 Filed: 4/13/2017, Entered: 4/17/2017
NOTICE OF REMOVAL by National Cart Corporation from Circuit Court of Autauga County, case number 04-CV-2017-900066.00. ( Filing fee $ 400.00 receipt number 4602044938) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Filing Fee Receipt)(kh, )
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