Beatty v. Ctb, Inc., et al
Court Docket Sheet

2:1999-cv-00704 (almd)

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1
07/12/1999
DEMAND for Jury Trial by Thomas R. Beatty h
2
07/12/1999
NOTICE of Filing Notice of Removal by CTB, Inc. h
3
07/12/1999
ANSWER to Complaint by Latco, Inc. (Attorneys Deborah W. Hicks and Charles Darwin "Skip" Davidson*~), referred to Mag. Judge John L. Carroll h
4
07/12/1999
CONSENT AND JOINDER by Latco, Inc. to [1-1] Notice of Removal, referred to Mag. Judge John L. Carroll h
5
07/13/1999
CONSENT AND JOINDER by Linco Holdings to [1-1] Notice of Removal, referred to Mag. Judge John L. Carroll h
6
07/13/1999
ANSWER to Complaint by Linco Holdings (Attorney Richard E. Broughton), referred to Mag. Judge John L. Carroll h
7
07/19/1999
NOTICE of Filing Original of Affidavit of Gerry Broyles by CTB, Inc. (Affidavit attached), referred to Mag. Judge John L. Carroll h
07/27/1999
Notice of Assignment to United States Magistrate Judge mailed to Counsel for Plaintiff and Counsel for Defendant CTB, Inc.; LATCO, Inc. and LINCO Holding of Georgia h (Text entry; no document attached.)
07/27/1999
File referred to Mag. Judge John L. Carroll h (Text entry; no document attached.)
8
07/28/1999
MOTION by Latco, Inc. for Attorney Charles "Skip" Darwin Davidson to Appear Pro Hac Vice; FILING FEE $10; RECEIPT #77672 (Exhibit A and Cert. of Good Standing attached), referred to Mag. Judge John L. Carroll h(hc) Modified on 07/28/1999
9
07/29/1999
MOTION by CTB, Inc. to Dismiss, or to Consolidate, or, in the alternative, to Dismiss, and Transfer, or, in the alternative, to Dismiss, or, in the alternative, for More Definite Statement (Exhibit A attached), referred to Mag. Judge John L. Carroll h
07/30/1999
Stamped ORDER granting [8-1] Motion for Attorney Charles "Skip" Darwin Davidson to Appear Pro Hac Vice; FILING FEE $10; RECEIPT #77672 (by Mag. Judge John L. Carroll), copies mailed to Counsel. h (Text entry; no document attached.)
10
07/30/1999
NOTICE of Attorney Appearance for Thomas R. Beatty by Attorney Tiernan W. Luck III h
11
07/30/1999
MOTION by Thomas R. Beatty for L. Landis Sexton to Withdraw as Attorney, referred to Mag. Judge John L. Carroll h
08/05/1999
Stamped ORDER granting [11-1] Motion for L. Landis Sexton to Withdraw as Attorney (Terminated Attorney Lowell Landis Sexton for Thomas R. Beatty (by Mag. Judge John L. Carroll), copies mailed to Counsel. h (Text entry; no document attached.)
12
08/10/1999
Consent to Consolidation by LATCO, Inc., referred to Mag. Judge John L. Carroll !! h
14
08/25/1999
MOTION by Thomas R. Beatty, James Beatty for Continuance of Scheduling Conference presently set for 8/30/99, referred to Mag. Judge John L. Carroll h
15
08/30/1999
MOTION by Latco, Inc. for Lynn Gipson to Appear Pro Hac Vice; FILING FEE $10; RECEIPT #78139 (Exhibits A & B, Consent to Admittance of Pro Hac Vice, etc. and Verified Application for Admission to Practice, etc. attached), referred to Mag. Judge John L. Carroll h
09/13/1999
Consolidated Member Case. Lead Case Number: 2cv99 703 (Text entry; no document attached.)
24
08/13/1999
ORDER granting [9-2] Motion to Consolidate Case w/Civil Action 99-C-705-N and all future documents in these consolidated cases shll be filed under CA 99-C-704-N; set Scheduling Conference for 9:00 8/30/99 before Mag. Judge John L. Carroll in Chambers - Rm 312, FMJ, Jr. Fed. Bldg. & US Courthouse, Montg., AL (signed by Mag. Judge John L. Carroll), copies mailed to Counsel. h(hc) Modified on 08/13/1999
08/13/1999
Consolidated Lead Case: Member Case is 99-C-705-N h (Text entry; no document attached.)
25
09/13/1999
ORDER Consolidating with Civil Action Nos. 99-C-703-N and 99-C-705-N with all future documents filed under CA No. 99-C-703-N ; setting all motions to dismiss for submission on 10/4/99 with all consent to mag. judge forms due by 10/4/99 (signed by Mag. Judge John L. Carroll), copies provided to counsel.
26
03/09/2001
ORDER vacating [25-1] Relief Consolidating with Civil Action Nos. 99-C-703-N and 99-C-705-N with all future documents filed under CA No. 99-C-703-N; denying as moot as Motion to Bifurcate filed by CTB on 02/28/01 (signed by Mag. Judge John L. Carroll), copies provided to Counsel. h
03/09/2001
Consolidated Lead Case: Member Case 99-C-705-N h (Text entry; no document attached.)
27
03/19/2001
NTC of Atty Appearance for Thomas R. Beatty by Atty Larry A. Golston Jr. h
28
03/20/2001
SCHEDULING ORDER setting Pretrial Conf for 10:00 2/11/02 before Mag. Judge John L. Carroll, Montg, AL; Jury Trial set for 3/11/02 before Mag. Judge John L. Carroll, Montg, AL; Motion Filing deadline on 11/13/01; Mediation Ntc deadline on 12/10/01; set Amended Pleading deadline for 11/9/01; Discovery cutoff 12/11/01 (signed by Mag. Judge John L. Carroll), copies provided to Counsel. Furnished to SL, WAR, YG, HC. h
30
03/22/2001
ORDER granting [29-1] Motion for Leave to Amend [1-1] Cmplt; any Obj should be filed on or before 04/04/01 (signed by Mag. Judge John L. Carroll), copies provided to Counsel. h
31
03/23/2001
MOTION by Thomas R. Beatty to Remand Case to Barbour County, Clayton Division, Circuit Court (Exhibits A - F attached), referred to Mag. Judge John L. Carroll h
03/26/2001
Order of 03/20/01 mailed to Paslode Corp, c/o Regisered Agent returned w/letter from The Corporation Co that it is not the Registered Agent h (Text entry; no document attached.)
32
03/28/2001
ORDER Rsp to Motion set to 4/10/01 for [31-1] Motion to Remand Case to Barbour County, Clayton Division, Circuit Court (signed by Mag. Judge John L. Carroll), copies provided to Counsel and Dfts. h
33
03/29/2001
MOTION by CTB, Inc. for Mitch Henry to Withdraw as Atty, referred to Mag. Judge John L. Carroll h
03/30/2001
Order of 03/28/01 mailed to Paslode Corp., c/o Registered Agent returned w/letter from The Corporation Co that it is not the Registered Agent h (Text entry; no document attached.)
34
04/02/2001
Stamped ORDER granting [33-1] Motion for Mitch Henry to Withdraw as Atty [Terminated Atty Mitch Henry] (by Mag. Judge John L. Carroll), copies provided to Counsel. h
35
04/10/2001
RESPONSE by Linco Holdings to [31-1] motion to Remand Case to Barbour County, Clayton Division, Circuit Court by Thomas R. Beatty. Referred to Mag. Judge John L. Carroll (dkt clerk)
36
04/10/2001
RSP by CTB, Inc. to [31-1] Motion to Remand Case to Barbour County, Clayton Division, Circuit Court by Thomas Beatty, referred to Mag. Judge John L. Carroll h
37
04/10/2001
RSP by Latco, Inc. to [31-1] Motion to Remand Case to Barbour County, Clayton Division, Circuit Court by Thomas R. Beatty, referred to Mag. Judge John L. Carroll h
04/11/2001
Stamped Order of 03/29/01 mailed to Paslode Corp c/o Registered Agent returned w/ltr from The Corporation System that it is not Registered Agent h (Text entry; no document attached.)
04/26/2001
Order of 03/29/01 mailed to David Tyler returned w/notation "Return to Sender - Not At This Address" h (Text entry; no document attached.)
04/30/2001
Waldrop's copy of 03/28/01 order returned in mail with notation: not at this address-return to sender. (Text entry; no document attached.)
04/30/2001
Tyler's copy of 03/28/01 order returned in mail with following notation: Return to sender-Not at this address. (Text entry; no document attached.)
04/30/2001
Harris' copy of 03/29/01 order returned in mail with following notation: Return to sender-not at this address. (Text entry; no document attached.)
05/03/2001
Waldrop's 03/29/01 order returned in mail with the following notation: Return to sender--Not at this address. (Text entry; no document attached.)
38
06/12/2001
CASE reassigned to Mag Judge Vanzetta P. McPherson
06/12/2001
Motion(s) referred to Mag Judge Vanzetta P. McPherson : [31-1] motion to Remand Case to Barbour County, Clayton Division, Circuit Court (Text entry; no document attached.)
06/18/2001
Paslode Corporation's Consent to Magistrate letter (#38) returned with the following notation: The Corporation Co. is not the registered agent. (Text entry; no document attached.)
06/22/2001
Attorney Lynn Gipson's copy of 06/12/01 pleading returned with the following notation, "Return to Sender, Not at this Address" (Text entry; no document attached.)
06/27/2001
CASE reassigned to Judge W. H. Albritton III (Text entry; no document attached.)
06/27/2001
REFERRAL JUDGE reassigned to Mag Judge Vanzetta P. McPherson (Text entry; no document attached.)
06/27/2001
Motion(s) referred to Judge W. H. Albritton III : [31-1] motion to Remand Case to Barbour County, Clayton Division, Circuit Court referred to Judge W. H. Albritton III (Text entry; no document attached.)
06/29/2001
CASE reassigned to Judge Myron H. Thompson (Text entry; no document attached.)
06/29/2001
Motion(s) referred to Judge Myron H. Thompson : [31-1] motion to Remand Case to Barbour County, Clayton Division, Circuit Court referred to Judge Myron H. Thompson (Text entry; no document attached.)
06/29/2001
File referred to Judge Thompson (Text entry; no document attached.)
39
02/27/2001
THIRD-PARTY COMPLAINT by Latco, Inc. against Paslode Corporation, J&S Tool and Fastener, Inc. and Charoen Popkhand(USA) Inc. VOLUNTARILY DISMISSED PER NOTICE FILED 7/20/01 [EDIT 8/9/01 DJY] (cc) Modified on 08/09/2001
40
03/22/2001
FIRST AMENDMENT TO COMPLAINT by Thomas R. Beatty, James Beatty amending [1-1] complaint
41
07/02/2001
ORDER directing as follows: (1) granting [15-1] motion for Lynn Gipson to Appear Pro Hac Vice; (2) denying as moot [14-1] motion for Continuance of Scheduling Conference presently set for 8/30/99 (signed by Judge Myron H. Thompson), copies provided to counsel.
07/05/2001
Copy of order of 7/2/01 mailed to Paslode Corporation c/o Registered Agent, returned with letter from The Corporation Co. stating that they are returning the documents as they are not the registered agent for Paslode Corp. (Text entry; no document attached.)
42
07/10/2001
ORDER resetting Scheduling Order Deadlines: Pretrial Conference for 1/30/02 before Judge Myron H. Thompson; Jury Trial set for 3/4/02 before Judge Myron H. Thompson ; (signed by Judge Myron H. Thompson), copies provided to counsel. Furnished to YG, HC, SC, JURY
43
07/10/2001
ORDER denying [31-1] motion to Remand Case to Barbour County, Clayton Division, Circuit Court (signed by Judge Myron H. Thompson), copies provided to counsel.
44
07/10/2001
ORDER denying as moot [3-1] motion to Dismiss (signed by Judge Myron H. Thompson), copies provided to counsel.
45
07/12/2001
ORDER directing defendant Latco, Inc. to amend its third-party complaint to assert the basis for jurisdiction in this court, 28 U.S.C.A. 1653; otherwise [39-1] third-party complaint will be dismissed without prejudice; setting Amended Pleadings deadline to 7/27/01 (signed by Judge Myron H. Thompson), copies provided to counsel.
46
07/13/2001
MOTION by Thomas R. Beatty, James Beatty for Tiernan W. Luck, III to Withdraw as Attorney referred to Judge Myron H. Thompson
47
07/20/2001
MOTION by Thomas R. Beatty, James Beatty, Latco, Inc., Latco, Inc. for Tiernan W. Luck, III to Withdraw as Attorney referred to Judge Myron H. Thompson
48
07/20/2001
NOTICE by Latco, Inc. of dismissal of Third-Party Claim filed 2/27/01 referred to Judge Myron H. Thompson (djy) Modified on 07/23/2001
49
07/20/2001
MOTION by Latco, Inc. for Leave to File Third-Party Complaint (proposed third party complaint w/exhibits attached). Referred to Judge Myron H. Thompson
50
07/25/2001
ANSWER to Complaint and amended complaint by CTB, Inc. (Attorney Amy V. Bowman), referred to Judge Myron H. Thompson
51
07/31/2001
ORDER granting [47-1] motion for Tiernan W. Luck, III to Withdraw as Attorney and [47-1] motion for Tiernan W. Luck, III to Withdraw as Attorney (signed by Judge Myron H. Thompson), copies provided to counsel.
52
07/31/2001
ORDER granting [49-1] motion for Leave to File Third-Party Complaint, filed by defendant Latco, Inc. on July 20, 2001. The court assumes that the other parties have no objection to the allowance of the third-party complaint; however, if they do, they must file the objection within seven days from the date of this order. (signed by Judge Myron H. Thompson), copies provided to counsel.
53
07/31/2001
THIRD-PARTY COMPLAINT by Latco, Inc. against Illinois Tool Works, J&S Tool & Fastener (Exhibits A, 2, 3, 4 attached) (djy) Modified on 08/01/2001
08/03/2001
Paslode Corporation's copies of July 31, 2001 orders (Doc. 51 and 52) returned by Nicole Jones, The Corporation Company with the following remark via letter: "After checking our records and the records of the Secretary of State of Alabama and/or the Department of Insurance, it has been determined that The Corporation Company is not the registered agent for Paslode Corporation. Accordingly, we are returning the documents received from you." (Text entry; no document attached.)
54
08/09/2001
THIRD PARTY SUMMONS issued for Illinois Tool Works mailed CMRRR with copy of third party complaint.
55
08/09/2001
THIRD PARTY SUMMONS issued for J&S Tool & Fastener mailed CMRRR with copy of third party complaint.
57
08/13/2001
ORDERED that [56-1] motion to Amend [1-1] complaint by Thomas R. Beatty and [56-2] motion to Remand case back to the Circuit Court for Barbour County, AL by Thomas R. Beatty is set for submission on 8/31/01 (signed by Judge Myron H. Thompson), copies provided to counsel.
58
08/13/2001
RETURN RECEIPT CARD showing service of summons & 3rd party complaint on S. Slauson on 8/10/01 for Illinois Tool Works. Answer due on 8/30/01 for Illinois Tool Works
59
08/20/2001
RETURN RECEIPT CARD showing service of summons & 3rd party complaint on J. Brady on 8/13/01 for J&S Tool & Fastener. Answer due on 9/4/01 for J&S Tool & Fastener
08/23/2001
David Tyler's copy of 7/31/01 orders (documents 51 & 52) returned in mail with the following notation: Not at this address-return to sender. (Text entry; no document attached.)
08/27/2001
Keith Harris' copies of 7/31/01 orders (documents 51 & 52) returned in mail with the following notation: Return to sender--not at this address. (Text entry; no document attached.)
60
08/30/2001
ANSWER by J&S Tool & Fastener (Attorney Michael Baird Beers, William F. Patty, Angela Christine Taylor) to [53-1] third-party complaint by Latco, Inc. referred to Judge Myron H. Thompson
61
08/30/2001
MOTION by Illinois Tool Works to Dismiss third-party claim by Latco, Inc. (ORAL ARGUMENT REQUESTED) referred to Judge Myron H. Thompson (sl) Modified on 08/31/2001
62
08/31/2001
ORDER that the [61-1] motion to Dismiss third-party claim by Latco, Inc. by Illinois Tool Works is set for submission, without oral argument, on 9/14/01 with all briefs due by said date. signed by Judge Myron H. Thompson), copies provided to counsel.
63
08/31/2001
RESPONSE by Linco Holdings to [56-1] motion to Amend [1-1] complaint by Thomas R. Beatty, and [56-2] motion to Remand by Thomas R. Beatty and Request for Discovery (w/attachment); referred to Judge Myron H. Thompson
64
08/31/2001
NOTICE of Attorney Appearance for CTB, Inc. by John Peter Crook McCall
65
08/31/2001
BRIEF by CTB, Inc. in opposition to [56-1] motion to Amend [1-1] complaint, and [56-2] motion to Remand (w/exhibits A-C); referred to Judge Myron H. Thompson
08/31/2001
Mickey Waldrop's copy of 7/12/01 and 7/31/01 orders returned in mail with the following notation: Not at this address-return to sender. (Text entry; no document attached.)
09/04/2001
David Tyler's copy of 8/13/01 and 7/12/01 order returned in mail with the following notation: Return to sender-not at this address. (Text entry; no document attached.)
09/04/2001
Keith Harris' copy of 7/12/01 and 8/13/01 order returned in mail with the following notation: Not at this address-return to sender. (Text entry; no document attached.)
09/07/2001
Motion hearing held, by telephone. Oral agument re: [56-1] motion to Amend [1-1] complaint by Thomas R. Beatty, [56-2] motion to Remand case back to the Circuit Court for Barbour County, AL by Thomas R. Beatty. Matter taken under advisement. Court reporter: Mitchell Reisner (sl) Modified on 09/10/2001 (Text entry; no document attached.)
66
09/07/2001
Courtroom Deputy's MINUTES of proceedings of motion hearing.
09/10/2001
Mickey Waldrop's copy of 8/13/01 order returned in mail with the following notation: Return to sender--not at this address. (sl) Modified on 09/12/2001 (Text entry; no document attached.)
67
09/11/2001
Corporate Disclosure Statement by Illinois Tool Works, Inc.
09/11/2001
Mickey Waldrop's copy of 7/2/01 order returned in mail with the following notation: Not at this address-return to sender (Text entry; no document attached.)
68
09/13/2001
RESPONSE by Latco, Inc. to [61-1] motion to Dismiss third-party claim by Latco, Inc. by Illinois Tool Works referred to Judge Myron H. Thompson
69
09/13/2001
ORDERED that the [56-1] motion to Amend [1-1] complaint by Thomas R. Beatty is reset for submission, without oral argument, on 10/12/01, and the [56-2] motion to Remand case by Thomas R. Beatty is reset for submission,without oral argument, on 10/12/01, with all briefs and evidentiary materials due by said date; granting [63-1] request for discovery filed by defendant Linco Holdings of Georgia; the time to respond to all discovery regarding the motiosn to remand and to amend is shortened to ten days. (signed by Judge Myron H. Thompson), copies provided to counsel.
09/14/2001
REFERRAL JUDGE reassigned to Mag. Judge Delores R. Boyd (Text entry; no document attached.)
10/04/2001
REFERRAL JUDGE reassigned to Mag Judge Vanzetta P. McPherson (Text entry; no document attached.)
10/04/2001
Motion(s) referred to Mag Judge Vanzetta P. McPherson : [61-1] motion to Dismiss third-party claim by Latco, Inc. referred to Mag Judge Vanzetta P. McPherson, [56-1] motion to Amend [1-1] complaint referred to Mag Judge Vanzetta P. McPherson, [56-2] motion to Remand case back to the Circuit Court for Barbour County, AL referred to Mag Judge Vanzetta P. McPherson, [46-1] motion for Tiernan W. Luck, III to Withdraw as Attorney referred to Mag Judge Vanzetta P. McPherson (Text entry; no document attached.)
70
10/12/2001
RESPONSE by Linco Holdings to [56-1] motion to Amend [1-1] complaint and [56-2] motion to Remand case back to the Circuit Court for Barbour County, AL by Thomas R. Beatty. (Copy of Affidavit of Gerry Broyles attached) Referred to Judge Myron H. Thompson
71
10/18/2001
ORDER (1) granting [56-1] motion to Amend [1-1] complaint as to Debra Yates; (2) Debra Yates is added as a defendant; (3) granting [56-2] motion to Remand case back to the Circuit Court for Barbour County, AL; It is further ORDERED that the following motions are left for disposition by the state court after remand: (a) the motion to dismiss filed by third-party defendant Illinois Tool Works, Inc. on August 30, 2001 (Doc. No. 61); and (b) the motion to amend filed by plaintiffs on August 8, 2001 (Doc. No. 56), to the extent plaintiffs seek to add Jimmy Yates and Bruce Singleton as defendants. The Clerk of the court is DIRECTED to take appropriate steps to effect the remand. (signed by Judge Myron H. Thompson), copies provided to counsel. Furnished to YG, HC, SC, JURY
72
10/18/2001
Second AMENDED COMPLAINT by Thomas R. Beatty, James Beatty adding Debra Yates as a defendant (per order of 10/18/01)
10/18/2001
Certified copy of 10/18/02 order mailed to Circuit Court of Barbour County. (Text entry; no document attached.)
10/18/2001
Case closed (Text entry; no document attached.)
10/24/2001
Keith Harris' copy of 9/13/01 order returned in mail with the following notation: Not at this address - return to sender (Text entry; no document attached.)
10/24/2001
David Tyler's copy of 8/31/01 order returned in mail with the following notation: Not at this address-return to sender (Text entry; no document attached.)
10/24/2001
Mickey Waldrop's copy of 9/13/01 order returned in mail with the following notation: Not at this address-return to sender (Text entry; no document attached.)
10/24/2001
Keith Harris' copy of 8/31/01 order returned in mail with the following notation: Return to sender-not at this address. (Text entry; no document attached.)
10/24/2001
David Tyler's copy of 9/13/01 order return in mail with the following notation: Not at this address-return to sender (Text entry; no document attached.)
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