Prince v. Southern Snow Manufacturing Inc

Filing 25

ORDER: The Court resolved several issues at the 10/21/2016 pretrial. Prince's 18 motion for default judgment is denied. The Court directs the Clerk to retitle Southern Snow's motion to dismiss, 3 , as a Motion to Dismiss and Answer. The Court will start with counsel on 11/14/2016 at 10:00 a.m. for final pretrial. Counsel should be prepared to open Monday afternoon. Counsel should be in the courtroom ready to go by 8:00 a.m. on subsequent trial days. The proof will start Tuesday at 8:30 a.m. Signed by Judge D. P. Marshall Jr. on 10/25/2016. (jak) (Additional attachment(s) added on 10/25/2016: # 1 Main Document - Correct) (jak).

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CIVIL COVER SHEET JS 44 (Rev. 08/16) The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM) A-S6 I. (a) PLAINTIFFS MICHAEL WOFFORD : l<o :# (b) County of Residence of First Listed Plaintiff ('.!.;\/ 770- DEFENDANTS NORTH LITTLE ROCK SCHOOL DISTRICT _P_U_L_A_S_K_I_______ County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) _P_U_L_A_S_K_I_______ (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. NOTE: Attorneys (If Known) ( C) Attorneys (Firm Name, Address, and Telephone Number) THE'RESA CALDWELL 8030 COUNTS MASSIE ROAD, SUITE B MAUMELLE, ARKANSAS 72113 TEL: (501) 414-0434 II. BASIS OF JURISDICTION (Placean "X"inOneBoxOnly) CJ l U.S. Government Plaintiff CJ 4 (For Diversity Cases On(v) PTF Citizen of This State CJ l ~ 3 Federal Question U.S. Government Defendant III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an (U.S. Government Not a Party) "X" in One Box for Plaintiff and One Box for Defendant) PTF DEF CJ4 CJ4 Incorporated or Principal Place of Business In This State DEF CJ l Citizen of Another State Diversity (Indicate Citizenship of Parties in Item Ill) CJ 2 CJ 2 Incorporated and Principal Place of Business In Another State CJ 5 CJ 5 Citizen or Subject of a CJ 2 CJ CJ 3 Foreign Nation CJ6 CJ6 Forei1m Count IV. NATURE OF SUIT (Place an "X" in One Box Only) I WA' - d i Wm \"li!llllll Click here for: Nature of Suit Code Descriptions. Im CJ CJ CJ CJ CJ CJ CJ CJ CJ 1 l 0 Insurance 120 Marine 130 Miller Act I 40 Negotiable Instrument I 50 Recovery of Overpayment & Enforcement of Judgment 15 l Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 196 Franchise CJ CJ CJ CJ CJ CJ NLl.C • "0'l\B 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property CJ CJ CJ PERSONAL INJURY CJ 310 Airplane CJ 315 Airplane Product Liability CJ 320 Assault, Libel & Slander CJ 330 Federal Employers' Liability CJ 340 Marine CJ 345 Marine Product Liability CJ 350 Motor Vehicle CJ 355 Motor Vehicle Product Liability CJ 360 Other Personal Injury CJ 362 Personal Injury Medical Malpractice ·=· M•·-tm<HTS +··. Proceeding dmll~lU CJ CJ CJ CJ 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations CJ 445 Amer. w/Disabilities Employment CJ 446 Amer. w/Disabilities Other ~ 448 Education V. ORIGIN (Place an "X"inOneBoxOn(v) )it I Original 0 2 Removed from 0 PERSONAL INJURY CJ 365 Personal Injury Product Liability CJ 367 Health Care/ Pharmaceutical Personal Injury Product Liability CJ 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY CJ 370 Other Fraud CJ 3 71 Truth in Lending CJ 380 Other Personal Property Damage CJ 3 85 Property Damage Product Liability 3 State Court trlTIO"""''' Habeas Corpus: CJ 463 Alien Detainee CJ 51 0 Motions to Vacate CJ 625 Drug Related Seizure of Property 2 I USC 881 CJ 6900ther CJ CJ CJ CJ 710 Fair Labor Standards Act CJ 720 Labor/Management Relations CJ 740 Railway Labor Act CJ 751 Family and Medical Leave Act CJ 790 Other Labor Litigation CJ 79 l Employee Retirement Income Security Act CJ 3 75 False Claims Act CJ 376 Qui Tam (3 I USC 3729(a)) CJ 400 State Reapportionment ..• , CJ 410 Antitrust 820 Copyrights CJ 430 Banks and Banking 830 Patent CJ 450 Commerce 840 Trademark CJ 460 Deportation CJ 470 Racketeer Influenced and Corrupt Organizations 861 HIA (l395ff) CJ 480 Consumer Credit 862 Black Lung (923) CJ 490 Cable/Sat TV 863 DIWC/DIWW (405(g)) CJ 850 Securities/Co1nmodities/ 864 SSID Title XVI Exchange 865 RSI (405(g)) CJ 890 Other Statutory Actions CJ 891 Agricultural Acts CJ 893 Environmental Matters CJ 895 Freedom oflnfonnation Act 870 Taxes (U.S. Plaintiff CJ 896 Arbitration CJ 422 Appeal 28 USC 158 CJ 423 Withdrawal 28 USC 157 CJ CJ CJ CJ CJ . CJ s·- Sentence CJ 530 General CJ 535 Death Penalty Other: CJ 540 Mandamus & Other CJ 550 Civil Rights CJ 555 Prison Condition CJ 560 Civil Detainee Conditions of Confinement Remanded from Appellate Court JAMES I I By: 0 4 Reinstated or Reopened 0 5 Transferred from Another District (specifjJ) 0 6 Multidistrict Litigation Transfer Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 20 USC 1415(1)(3)(8) VI. CAUSE OF ACTION Briefdescrirtionofcause: AN ACTION REQUESTING AN AWARD OF ATTORNEY'S FEES AS A PREVAILING PARTY Vil. REQUESTED IN 0 COMPLAINT: VIII. RELATED CASE(S) IFANY CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. CHECK YES only if demanded in complaint: JURY DEMAND: 0 Yes /;1(No DEMAND$ 36,102.50 (See instructions): DOCKET NUMBER DATE 10/21/2016 FOR OFFICE USE ONLY RECEIPT# AMOUNT APPLYING IFP JUDGE MAG.JUDGE

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