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15-645 - Gibbs v. Wilson, LLC(MAG2)


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15-645 - Gibbs v. Wilson, LLC(MAG2)
October 28, 2015
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ORDER, JUDGMENT, and DECREE of the court that the plf has until 11/4/2015, to amend the complaint to allege 1332 jurisdiction sufficiently, otherwise, this case shall be dismissed without prejudice, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 10/28/15. (djy, )
April 11, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that Defendants 33 Motion for Summary Judgment be GRANTED as to Plaintiffs claim of wantonness as to Defendant Wilson, LLC, but DENIED as to Plaintiffs claim of negligence against Wilson, LLC, based upon the alleged inadequate lighting of the entryway. The undersigned further RECOMMENDS that the separate Motions for Summary Judgment (Docs. 35 & 37) filed by Defendants Holiday Hospitality Franchising, LLC, and James R. Wilson, respectively, be GRANTED and that Plaintiffs claims against those Defendants be DISMISSED in their entirety, with prejudice. Objections to R&R due by 4/25/2017. Signed by Honorable Judge Wallace Capel, Jr on 4/11/2017. (dmn, )
April 28, 2017
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 4/28/2017. (dmn, )
April 28, 2017
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JUDGMENT: In accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The recommendation of the United States Magistrate Judge (doc. no. 50) is adopted as to the claims against defendants Holiday Hospitality Franchising, LLC and James R. Wilson, III. (2) Defendants Holiday Hospitality Franchising, LLCs and James R. Wilson,IIIs motions for summary judgment (doc. nos. 35 and 37) are granted. (3) Judgment is entered in favor of defendants Holiday Hospitality Franchising, LLC and James R. Wilson, III and against plaintiff Debra K. Gibbs, with plaintiff Gibbs taking nothing by her complaint. (4) Defendants Holiday Hospitality Franchising, LLC and James R. Wilson, III are terminated as parties. It is further ORDERED that costs are taxed against plaintiff Gibbs, for which execution may issue. The clerk of the court is DIRECTED to enter thisdocument on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 4/28/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
May 5, 2017
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commended granting summary judgment in favor of Wilson, LLC on the first theory and denying summary judgment on the second theory. After an independent and de novo review of the record and after oral argument, the court concludes that summary judgment should be denied on both theories andthat both theories of the negligence claim should go to trial. Accordingly, it is ORDERED as follows: (1) Plaintiff Debra K. Gibbs objection (doc. no.60) is sustained, and defendant Wilson, LLCs objection (doc. no. 61) is overruled. (2) The magistrate judges recommendation (doc. no. 50) is adopted as to the negligent-inadequate-lighting theory and rejected as to the negligent-inspection theory. (3) Defendant Wilson, LLCs motion for summary judgmeOPINION AND ORDER: Plaintiff Debra K. Gibbs in this slip-and-fall case has only one remaining claim against defendant Wilson, LLC, with two separate theories: (1) negligent inspection and (2) negligent inadequate lighting. The magistrate judge has rent (doc. no. 33) is denied. (4) The remaining negligence claim will go to trial. An opinion will follow later. Signed by Honorable Judge Myron H. Thompson on 5/5/2017. (dmn, )
May 5, 2017
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ORDER ON PRETRIAL HEARING held 5/5/2017: Jury Selection and Jury Trial, which is to last three days, are set for 6/19/2017 at 10:00 AM in Dothan, Alabama before Honorable Judge Myron H. Thompson. Trial briefs are required to be filed by 6/9/2017 as further set out in the order. All deadlines not otherwise affected by this order will remain as set forth in the 22 Uniform Scheduling Order entered by the court on 1/4/2016, as amended. Signed by Honorable Judge Myron H. Thompson on 5/5/2017. Copies furnished to calendar group, AG.(dmn, )
May 30, 2017
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JUDGMENT: the court having been informed that this cause is now settled, it is the ORDER, JUDGMENT, and DECREE of the court that this lawsuit is dismissed in its entirety with prejudice, with the parties to bear their own costs, as further set out in order; further ORDERING that all outstanding motions are denied as moot; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 5/30/17. (Attachments: # (1) civil appeals checklist). Furnished to calendar group & AG (terminates Jury Selection and Jury Trial 06/19/2017).(djy, )