Ins. co. of pa v. Whatley Contract, et al
Court Docket Sheet

2:2001-cv-00697 (almd)

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1
06/12/2001
COMPLAINT FOR DECLARATORY JUDGMENT; (w/EXHIBITS A & B attached) Filing Fee $ 150.00 Receipt # 87451
06/15/2001
NOTICE of Assignment to a United States Magistrate Judge sent to counsel for Ins. Co. of PA. [EDIT 10/6/03-CLEANUP CM/ECF INDICATED ERROR REQUIRING DELETION AND REDOCKET OF EVENT USING ORIGINAL INFORMATIO DY/QC]. (Text entry; no document attached.)
2
06/15/2001
SUMMONS issued for Whatley Contract, A&B Trucking, Robert Brown Jr., Jimmy Thomas, Joseph Haley; summons and complaint mailed by cmrrr to named dfts
06/15/2001
file referred to Judge Walker (Text entry; no document attached.)
3
06/18/2001
RETURN RECEIPT CARD showing service of summons and complaint on (no signature) for A&B Trucking. Answer due on 7/9/01 for A&B Trucking
4
06/20/2001
RETURN RECEIPT CARD showing service of summons and complaint on Joe Whatley on 6/19/01 for Whatley Contract. Answer due on 7/9/01 for Whatley Contract
5
06/19/2001
RETURN RECEIPT CARD showing service of summons and complaint on Joseph Haley, Jr. on 6/18/01 for Joseph Haley. Answer due on 7/9/01 for Joseph Haley
6
06/19/2001
Summons returned unexecuted as to Robert Brown Jr.; summons and complaint returned unexecuted and service material returned ; returned to sender; moved left no address; notified attorney
7
06/20/2001
RETURN RECEIPT CARD showing service of summons and complaint on Jimmie Thomas on 6/18/01 for Jimmy Thomas. Answer due on 7/9/01 for Jimmy Thomas
8
07/10/2001
ANSWER to Complaint by Jimmy Thomas (Attorney Jerry L. Cruse), referred to Mag. Judge Susan R. Walker
07/13/2001
NOTICE of Assignment to a United States Magistrate Judge sent to counsel for Jimmy Thomas. [EDIT 10/6/03-CLEANUP CM/ECF INDICATED ERROR REQUIRING DELETION AND REDOCKET OF EVENT USING ORIGINAL INFORMATIO DY/QC]. (Text entry; no document attached.)
9
07/13/2001
ANSWER to Complaint by Robert Brown Jr., Jimmy Thomas (Attorney Robert Charles Ward Jr.), referred to Mag. Judge Susan R. Walker
10
08/27/2001
ANSWER to Complaint by Joseph Haley (Attorney R. Graham Esdale Jr.), referred to Mag. Judge Susan R. Walker
11
12/05/2001
NOTICE of change of address for Ferguson, Frost & Dodson, LLP by Attorney John W. Dodson
12
12/20/2001
ANSWER to Complaint by Whatley Contract (Attorney Lowell Landis Sexton), referred to Mag. Judge Susan R. Walker
13
12/20/2001
MOTION by Ins. Co. of PA for Default Judgment against Whatley Contract ; (w/affidavit of John W. Dodson attached) referred to Mag. Judge Susan R. Walker
14
12/26/2001
RSP by Whatley Contract in opposition to [13-1] Motion for Default Judgment against Whatley Contract by Ins. Co. PA, referred to Mag. Judge Susan R. Walker h
15
01/14/2002
ORDER directing that def A & B Trucking file an answer; setting Answer deadline to 1/25/02 for A&B Trucking ; directing that if def does not file a timely answer in response to this order, plaintiff shall, on or before 2/14/02 either: (1) dismiss said def; (2) file an appropriate application for default pursuant to FRCP 55; or (3) otherwise indicate to the court how they wish to proceed (signed by Mag. Judge Susan R. Walker), copies provided to counsel
01/18/2002
Def Robert Brown's copy of 1-14-02 order returned in mail with the following notation, "returned to sender-moved left no address, unable to forward". (Text entry; no document attached.)
01/18/2002
CASE NO LONGER REFERRED TO Mag. Judge Susan R. Walker (Text entry; no document attached.)
16
01/31/2002
MOTION (affidavit in support attached) by Ins. Co. of PA for Default Judgment against A&B Trucking referred to Mag. Judge Susan R. Walker
17
02/04/2002
ORDER that the Rule 26(f) report containing the discovery plan shall be filed as practicable but not later than 2/19/02 Planning Meeting report due on 2/19/02 ; accordingly, the parties are DIRECTED that on or before 2/19/02 each party shall complete and send to the Clerk of the Court the attached consent form; the Clerk of the Court is DIRECTED to serve a copy of this order on dft A & B Trucking Company at the address provided by pla for service of process (signed by Mag. Judge Susan R. Walker), copies provided to counsel.
18
02/19/2002
Rule 26(f) Proposed Discovery Plan; referred to Judge Walker
04/02/2002
CASE reassigned to Judge Myron H. Thompson (Text entry; no document attached.)
04/02/2002
REFERRAL JUDGE assigned to Mag. Judge Susan R. Walker (Text entry; no document attached.)
04/02/2002
Motion(s) referred to Judge Myron H. Thompson : [16-1] motion for Default Judgment against A&B Trucking, [13-1] motion for Default Judgment against Whatley Contract (Text entry; no document attached.)
04/03/2002
File referred to Judge Thompson. (Text entry; no document attached.)
19
04/05/2002
SCHEDULING ORDER setting Rule 16 Pretrial Conference for 11/25/02 before Judge Myron H. Thompson Motion Filing deadline on 8/28/02; Discovery cutoff 11/1/02; set amended pleading deadline for 6/24/02 Non-jury trial set for 1/13/03 before Judge Myron H. Thompson; Mediation Notice deadline on 9/18/02; form AO 85 attached; (signed by Judge Myron H. Thompson), copies provided to counsel, defendants, SC, YG, MD. (ajr) Modified on 04/05/2002
20
04/05/2002
ORDER that the plaintiff has until 4/22/02 to amend its complaintto assert and allege jurisdiction sufficiently; setting Amended Pleadings deadline to 4/22/02 (signed by Judge Myron H. Thompson), copies provided to counsel, defendants. (ajr) Modified on 04/05/2002
21
04/05/2002
ORDER denying [13-1] motion for Default Judgment against Whatley Contract (signed by Judge Myron H. Thompson), copies provided to counsel, defendants. (ajr) Modified on 04/05/2002
22
04/05/2002
ORDER TO SHOW CAUSE why motion for default judgment should not be granted; Response to Order to Show Cause due on 4/22/02 for A&B Trucking (signed by Judge Myron H. Thompson), copies provided to counsel, defendants.
23
04/22/2002
FIRST AMENDMENT TO COMPLAINT by Ins. Co. of PA amending [1-1] complaint; referred to Judge Thompson
24
04/22/2002
ANSWER by Robert Brown Jr., Jimmy Thomas to first amendment to the complaint referred to Judge Myron H. Thompson
04/25/2002
** Renoticed document [19-1] Scheduling order; faxed to Atty. Ward who didn't received a copy. (dkt clerk) (Text entry; no document attached.)
25
04/26/2002
MEMORANDUM OPINION (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc
26
04/26/2002
It is the ORDER, JUDGMENT, and DEGREE of the court as follows: 1) the [16-1] motion for default judgment filed by plaintiff Insurance Company of the State of Pennsylvania on 1/31/02 is granted; 2) Default Judgment is entered in favor of plaintiff Insurance Company of the State of Pennyslvania and against dft A&B Trucking; 3) It is DECLARED that dft A&B Trucking has waived any interest it may have in the outcome of this litigation by failing to defend; 4) It is further DECLARED that plaintiff Insurance Company of the State of Pennsylvania does not owe dft A&B Trucking a duty to defend or provide coverage for any claim arising out of the underlying lawsuit under its policy for non-trucking use to certain lease owner operators issued to Whatley Contract Carriers with policy number STF 5990652-01, effective from 10-1-98 until 10-1-99; it is further ORDERED that costs are taxed against dft A&B Trucking, for which execution may issue (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc.
27
05/07/2002
ANSWER by Joseph Haley to amended complaint referred to Judge Myron H. Thompson
28
08/05/2002
MOTION by Ins. Co. of PA for continuance of deadline for dispositive motions referred to Judge Myron H. Thompson
29
08/08/2002
ORDER granting [28-1] motion for continuance of deadline for dispositive motions reset dispositive Motion Filing deadline to 9/16/02 (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc.
30
09/16/2002
MOTION by Ins. Co. of PA for Summary Judgment (exhibits A-I attached); referred to Judge Myron H. Thompson
31
09/19/2002
ORDER that [30-1] motion for Summary Judgment by Ins. Co. of PA set for submission on 10/18/02, without oral argument; setting briefs and evidentiary materials deadline to 10/18/02 (signed by Judge Myron H. Thompson), copies provided to counsel (furnished to SC). (dkt clerk)
32
10/04/2002
Request by Robert Brown Jr., Jimmy Thomas for Extension of Time to respond to plaintiff's motion for summary judgment ; (w/affidavit of Robert C. Ward, Jr. attached) referred to Judge Myron H. Thompson
33
10/11/2002
ORDER granting [32-1] motion for Extension of Time to respond to plaintiff's motion for summary judgment Dfts Robert Brown, Jr. and Jimmy Thomas's Response to Motion reset to 10/4/02 for [30-1] motion for Summary Judgment [30-1] motion for Summary Judgment by Ins. Co. of PA set for submission on 11/1/02, b reset Brief deadline to 11/1/02 (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc.
34
10/11/2002
Supplement to MOTION by Robert Brown Jr., Jimmy Thomas to Extend Time referring to: [32-1] motion for Extension of Time to respond to plaintiff's motion for summary judgment by Jimmy Thomas, Robert Brown Jr. referred to Judge Myron H. Thompson
35
10/25/2002
ADDENDUM TO SUPPLEMENT TO REQUEST by Robert Brown Jr., Jimmy Thomas for Extension of Time to respond to pla's motion for summary jgm referring to: [34-1] supplemental amended motion to Extend Time by Jimmy Thomas, Robert Brown Jr. referred to Judge Myron H. Thompson
36
10/29/2002
ORDER granting [34-1] supplemental amended motion to Extend Time; terminating [35-1] supplemental amended motion for Extension of Time to respond to pla's motion for summary jgm; denying [30-1] motion for Summary Judgment without prejudice (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc.
37
10/29/2002
SCHEDULING ORDER setting Pretrial Conference for 8:40 11/25/02 before Judge Myron H. Thompson jury trial set for 1/13/03 before Judge Myron H. Thompson ; Proposed Pretrial Order due 11/22/02 ; (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc yg war md.
10/29/2002
** Renoticed document [36-1] order - did not put civil appeals sheet with order (Text entry; no document attached.)
39
11/12/2002
RESPONSE by Robert Brown Jr., Jimmy Thomas to [38-1] motion for Reconsideration of 10/29/02 [36-1] order by Ins. Co. of PA referred to Judge Myron H. Thompson
40
11/15/2002
ORDER denying [38-1] motion for Reconsideration of 10/29/02 [36-1] order (signed by Judge Myron H. Thompson), copies provided to counsel; furn sc.
11/21/2002
Proposed pre-trial order received; referred to Judge Thompson (Text entry; no document attached.)
11/25/2002
Pre-Trial Conference held before Judge Myron H. Thompson on 11/25/02 (Text entry; no document attached.)
41
12/02/2002
ORDER, JUDGMENT and DECREE of the court that the plaintiff has until 12/13/02 to amend complaint to allege jurisdiction sufficiently, see 28 U.S.C.A. 1653; set Amendment to complaint deadline to 12/13/02 (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc.
42
12/02/2002
PRETRIAL ORDER set Non-Jury Trial for 1/13/03 at 10:00 AM before Judge Myron H. Thompson in Courtroom 2E Frank M. Johnson, Jr. Courthouse Complex, One Church Street, Mont., AL; as further set out in order (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc hc yg.
43
12/04/2002
Plaintiff's Disclosure of Deposition Testimony to Be used at Trial; referred to Judge Thompson
44
12/04/2002
Witness list by Ins. Co. of PA; referred to Judge Thompson
45
12/04/2002
Exhibit list by Ins. Co. of PA; referred to Judge Thompson
46
12/05/2002
Defendant's Disclosure of Deposition Testimony; referred to Judge Thompson
47
12/05/2002
Exhibit list by Whatley Contract; referred to Judge Thompson
48
12/05/2002
Witness list by Whatley Contract; referred to Judge Thompson
49
12/11/2002
Plaintiff's Responses to Defendant, Joseph Haley's Disclosures and Deposition Testimony to be Used at Trial; referred to Judge Thompson
50
12/11/2002
Plaintiff's Response to Defendant, Whatley Contract Carriers, LLC's Disclosure of Deposition Testimony to be Used at Trial; referred to Judge Thompson
51
12/11/2002
Plaintiff's Responses to Robert Brown, Jr. and Jimmie Thomas' Disclosures and Deposition Testimony to be Used at Trial; referred to Judge Thompson
52
12/13/2002
SECOND AMENDED COMPLAINT by Ins. Co. of PA amending [1-1] complaint; referred to Judge Thompson
53
12/19/2002
ORDER that pursuant to footnote 1 of the second amended complaint filed by plaintiff on 12/13/02, it is ordered that dft A & B Trucking is dismissed (signed by Judge Myron H. Thompson), copies provided to counsel; furn: sc.
54
12/23/2002
JUDGMENT dismissing this lawsuit in its entirety with prejudice, with the parties to bear their own costs and with leave to the parties, within 45 days, to stipulate to a different basis for dismissal, and with leave to any party to file, within 45 days, a motion to have the dismissal set aside and the case reinstated or the settlement enforced should the settlement not be consumated; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Fed.R.Civ.P. (signed by Judge Myron H. Thompson), copies provided to counsel, YG, SC & HC.
12/23/2002
Case closed (Text entry; no document attached.)
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