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Brown v. Cox

United States District Court, M.D. Alabama, Northern Division

March 8, 2019

ROBERT LEE BROWN Plaintiff,
v.
SHERWOOD BRITT COX, et al. Defendants.

          ORDER ON PRETRIAL HEARING

          MYRON H. THOMPSON UNITED STATES DISTRICT JUDGE

         A pretrial hearing was held on March 7, 2019 wherein the following proceedings were held and actions taken:

         1. PARTIES AND TRIAL COUNSEL:

Plaintiff: Norman Laister as Administrator ad Litem for the Estate of Robert Lee Brown, represented at trial by: Michael L. White and T. Kent Garrett
Defendants: Daybreak Express, Inc. and Sherwood Britt Cox represented at trial by: Paul M. James and Richard McConnell (Mac) Freeman, Jr.

         COUNSEL APPEARING AT PRETRIAL CONFERENCE

Plaintiff: Michael L. White and T. Kent Garrett
Defendant: Paul M. James and Richard McConnell (Mac) Freeman, Jr.

         2. JURISDICTION AND VENUE

         Jurisdiction: Jurisdiction in this matter is based upon diversity of citizenship exists, as required by 28 U.S.C. §§ 1332(a)(1), (d)(2)(A).

         Venue: Venue in this judicial district is proper pursuant to 28 U.S.C. §1391(a) because Defendants conduct business in, and may be found in, this district, and the collision which forms the basis of this action occurred in this judicial district.

         3. PLEADINGS: The following Pleadings and Amendments were allowed:

Document Number

Filing Date

01- Complaint

September 22, 2017

07- Defendants' Answer

October 18, 2017

016- Statement Noting Death

December 2, 2017

024- First Amended Complaint

March 2, 2018

025- Defendants' Answer to First Amended Complaint

March 16, 2018

048- Defendants' Motion for Partial Summary

September 7, 2018 Judgment

050- Plaintiff's Response to Defendants' Motion for

September 28, 2019 Partial Summary Judgment

058 Recommendation of the Magistrate Judge regarding Defendants' Motion for Partial Summary Judgment

February 19, 2019

         4. CONTENTIONS ...


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