Southern Heritage v. Foster, et al
Court Docket Sheet

2:1995-cv-01266 (almd)

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1
09/28/1995
COMPLAINT (Exhibits I-III attached) Filing Fee $ 120 Receipt # 57232
2
10/03/1995
SUMMONS issued for Jimmy Peters, D.L. Foods, Inc.; summons and complaint mailed to said defendant cmrrr.
3
10/03/1995
SUMMONS issued for Edna Foster, Alice King, Sandra Baker, Terica Baker, Linda Woods; summons and complaint returned to counsel for service.
10/03/1995
File referred to Judge DeMent. (Text entry; no document attached.)
4
10/03/1995
SUMMONS Returned Executed as to Linda Woods, Alice King, Terica Baker, Sandra Baker, Edna Foster 10/3/95 Answer due on 10/23/95 for Linda Woods, for Alice King, for Terica Baker, for Sandra Baker, for Edna Foster (dkt clerk)
5
10/06/1995
RETURN RECEIPT CARD showing service of summons and complaint on Linda Byrd on 10/4/95 for D.L. Foods, Inc. Answer due on 10/24/95 for D.L. Foods, Inc.
6
10/16/1995
RETURN RECEIPT CARD showing service of summons and complaint on J. Peters on 10/10/95 for Jimmy Peters. Answer due on 10/30/95 for Jimmy Peters
7
10/18/1995
ANSWER to Complaint by Edna Foster, Alice King, Sandra Baker, Terica Baker, Linda Woods (Attorney Lowell Landis Sexton), referred to Judge Ira De Ment
10/19/1995
AO FORM 85 mailed to counsel for defendant. (Text entry; no document attached.)
8
10/27/1995
MOTION by D.L. Foods, Inc. to Dismiss referred to Judge Ira De Ment (dkt clerk)
9
10/30/1995
ORDER TO SHOW CAUSE why Dixie Land Food Stores, Inc.'s motion to dismiss should not be granted: Response to Order to Show Cause due on 11/13/95 for Southern Heritage (signed by Judge Ira De Ment), copies mailed to counsel; furnished to Ridge.
10
04/11/1996
SCHEDULING ORDER setting Pretrial Conference for 11/5/96 before Judge Ira De Ment Motion Filing deadline on 8/7/96 ; Discovery cutoff 10/22/96 ; set amended pleading deadline for 6/25/96 Non-jury trial set for 1/6/97 before Judge Ira De Ment ; Mediation Notice deadline on 7/21/96 [AO FORM 85 ATTACHED] (signed by Judge Ira De Ment), copies mailed to counsel; furnished to MT, RL. (dkt clerk)
05/02/1996
Magistrate Judge reassigned to Mag. Judge Susan Russ Walker. (dkt clerk) (Text entry; no document attached.)
07/03/1996
Stamped ORDER granting [11-1] motion to Amend [1-1] complaint (by Judge Ira De Ment), copies mailed to counsel. (Text entry; no document attached.)
12
07/17/1996
AMENDED COMPLAINT by Southern Heritage against Lynda Byrd, Cindy Sutton, Theresa McSwain, Piggly Wiggly Dixie amending [1-1] complaint (Exhibits 1 - 7 attached); referred to Judge DeMent. (dkt clerk)
13
07/25/1996
SUMMONS issued for Lynda Byrd, Cindy Sutton, Theresa McSwain, Piggly Wiggly Dixie; summons, complaint, amended complaint mailed cmrrr to named defendants. (dkt clerk)
14
07/29/1996
RETURN RECEIPT CARD showing service of summons, complaint, amended co on (signature illegible) on 7/26/96 for Piggly Wiggly Dixie. Answer due on 8/15/96 for Piggly Wiggly Dixie (dkt clerk)
15
07/31/1996
RETURN RECEIPT CARD showing service of summons, complaint, amended complaint on Kenley Finlayson on 7/30/96 for Cindy Sutton, Lynda Byrd, Theresa McSwain. Answer due on 8/19/96 for Cindy Sutton, for Lynda Byrd, for Theresa McSwain (dkt clerk)
16
08/02/1996
MOTION by Southern Heritage for Summary Judgment referred to Judge Ira De Ment (dkt clerk)
17
08/02/1996
BRIEF by Southern Heritage in support of [16-1] motion for Summary Judgment (Exhibits maintained in separate binder); referred to Judge Ira De Ment (dkt clerk)
18
08/20/1996
ORDER [16-1] motion for Summary Judgment by Southern Heritage set for submission on 9/3/96, set Brief deadline to 9/3/96 (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL. (dkt clerk)
19
08/26/1996
ANSWER to Complaint by Piggly Wiggly Dixie (Attorney Steadman Shealy Jr., Joseph A. Morris), referred to Judge Ira De Ment (dkt clerk)
20
08/26/1996
ANSWER by Piggly Wiggly Dixie (Attorney Steadman Shealy, Jr., Joseph A. Morris) to amended complaint referred to Judge Ira De Ment (dkt clerk)
21
09/30/1996
ORDER, set Scheduling Order Deadlines: Pretrial Conference for 2:00 11/5/96 before Judge Ira De Ment ; Proposed Pretrial Order due 10/29/96 ; Non-jury trial set for 1/6/97 before Judge Ira De Ment ; (signed by Judge Ira De Ment), copies mailed to counsel; furnished to RL, MT. (dkt clerk)
22
10/15/1996
Witness list by Southern Heritage; referred to Judge DeMent. (dkt clerk)
23
10/25/1996
ORDER granting [8-1] motion to Dismiss by Dixieland Food Stores, Inc. (signed by Judge Robert E. Varner), copies mailed to counsel. (dkt clerk)
24
10/30/1996
MEMORANDUM OPINION AND ORDER (signed by Judge Robert E. Varner), copies mailed (dkt clerk)
25
10/30/1996
JUDGMENT granting [16-1] motion for Summary Judgment in favor of the plaintiff Southern Heritage Insurance Company and against defendants Edna Foster, Alice King as parent and next friend of Sharon King, Sandra Baker, Terica Baker, Linda Woods, Lynda Byrd, Cindy Sutton, Theresa McSwain, Jimmy Peters, Piggly Wiggly Dixieland, Inc.; that judgment is hereby entered declaring the rights, duties, obligations and conclusions of law as to these parties of law as follows: that the plaintiff insurer has not duth to defend or indemnify the defendant insured Jimmy Peters or Piggly Wiggly Dixieland, Inc. for any acts alleged by defendants Edna Foster, Alice King as parent and next friend of Sharon King, Sandra Baker, Terica Baker, Linda Woods, Lynda Byrd, Cindy Sutton, and Theresa McSwain by provision of the contract of insurance excluding coverage for acts arising out of connected with business or bisness pursuits; in the alternative, that the plaintiff insurer has no duty to defend or indemnify the defendant insured Jimmy Peters or Piggly Wiggly Dixieland, Inc., for any acts alleged by defendants Edna Foster, Alice King as parent and next friend of Sharon King, Sandra Baker, Terica Baker, Linda Woods, Lynda Byrd, Cindy Sutton, Theresa McSwain by provision of the contract of insurance excluding coverage for "intended injuries;" that each party bear its own costs (signed by Judge Robert E. Varner), copies mailed to counsel; furnished to MT, RL. (dkt clerk)
10/30/1996
Case closed (dkt clerk) (Text entry; no document attached.)
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