MoreLaw Helps Lawyers Make Money

Evansville, IN - Michael Smith and Marcia Smith sued Gregory Peterson and Triple B Trucking, LLC on personal injury, auto negligence and respondeat superior theories claiming to have been injured and/or damaged in a truck wreck that they claimed was caused by Peterson.

Date Filed # Docket Text
07/16/2018 87 FINDINGS OF FACT AND CONCLUSIONS OF LAW - For the foregoing reasons, the Court finds that Plaintiffs Michael J. Smith and Marcia Smith are entitled to a judgment in the amount of $500,000.00 against Defendants Gregory Peterson and Triple B Trucking, LLC, jointly and severally. Final judgment will enter accordingly. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 7/16/2018.(JRB) (Entered: 07/16/2018)
07/16/2018 88 FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 58 - For the reasons set forth in the Court's Order entered this day, the Court now enters FINAL JUDGMENT in favor of Plaintiffs Michael J. Smith and Marcia Smith in the amount of $500,000.00. Signed by Magistrate Judge Matthew P. Brookman on 7/16/2018.(JRB) (Entered: 07/16/2018)
07/31/2018 89 ***PLEASE DISERGARD. DUPLICATE FILING OF 90 *** MOTION for Proceedings Supplemental , filed by Plaintiffs MARCIA SMITH, MICHAEL J. SMITH. (Attachments: # 1 Proposed Summons)(Thomas, Noah) Modified on 8/1/2018 (JRB). (Entered: 07/31/2018)
07/31/2018 90 MOTION for Proceedings Supplemental , filed by Plaintiffs MARCIA SMITH, MICHAEL J. SMITH. (Attachments: # 1 Proposed Summons, # 2 Proposed Order)(Thomas, Noah) (Entered: 07/31/2018)
07/31/2018 91 Summons Issued as to NATIONAL IDEMNITY COMPANY. (JRB) (Entered: 07/31/2018)
08/17/2018 92 ORDER TO APPEAR FOR PROCEEDINGS SUPPLEMENTAL - Proceedings Supplemental set for 10/19/2018 at 11:00 AM (Central Time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that NATIONAL INDEMNITY COMPANY OF THE SOUTH be added as a Garnishee Defendant to this action and that National Indemnity Company of the South, as Garnishee Defendant, appear before this Court at the above date and time to answer concerning non-exempt property subject to execution. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that plaintiff shall serve a copy of this Order on Judgment Defendants and Garnishee Defendant, and file an affidavit of service in the case by October 5, 2018. Signed by Magistrate Judge Matthew P. Brookman on 8/17/2018.(JRB) Modified spelling on 8/31/2018 (TMB). (Entered: 08/17/2018)
08/24/2018 93 NOTICE of Appearance by Samuel R. Stalker on behalf of Interested Party NATIONAL IDEMNITY COMPANY. (Stalker, Samuel) (Entered: 08/24/2018)
08/27/2018 94 NOTICE to File Corporate Disclosure Statement to NATIONAL IDEMNITY COMPANY. (LAB) (JRB) (Entered: 08/27/2018)
08/30/2018 95 Corporate Disclosure Statement by NATIONAL IDEMNITY COMPANY identifying Corporate Parent BERKSHIRE HATHAWAY INC. for NATIONAL IDEMNITY COMPANY.. (Stalker, Samuel) (Entered: 08/30/2018)
08/30/2018 96 MOTION for Attorney(s) Wendy N. Enerson to Appear pro hac vice (Filing fee $100, receipt number 0756-5042929), filed by Interested Party NATIONAL INDEMNITY COMPANY OF THE SOUTH. (Attachments: # 1 Text of Proposed Order)(Enerson, Wendy) Modified spelling on 8/31/2018 (TMB). (Entered: 08/30/2018)
09/04/2018 97 ORDER granting 96 Motion for Wendy Enerson to Appear pro hac vice on behalf of National Indemnity Company of the South. Signed by Magistrate Judge Matthew P. Brookman on 9/4/2018. (JRB) (Entered: 09/04/2018)
09/25/2018 98 MOTION for Post-Judgment Interest, filed by Plaintiffs MARCIA SMITH, MICHAEL J. SMITH. (Thomas, Noah) (Entered: 09/25/2018)
09/26/2018 99 Submission of Proposed Order , re 98 MOTION for Post-Judgment Interest, filed by Plaintiffs MARCIA SMITH, MICHAEL J. SMITH. (Thomas, Noah) (Entered: 09/26/2018)
10/09/2018 100 SCHEDULING ORDER: Telephonic Status Conference set for 10/11/2018 at 09:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 10/9/2018.(JRB) (Entered: 10/09/2018)
10/11/2018 102 AFFIDAVIT of Service for Order to Appear served on All Defendants on 10/11/18, filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A - Order to Appear)(Thomas, Noah) (Entered: 10/11/2018)
10/12/2018 103 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 10/11/2018. Plaintiffs are GRANTED an extension of time to file an Affidavit of Service of the Order to Appear for Proceedings Supplemental (Docket No. 92 ). Plaintiffs shall file the Affidavit on or before October 15, 2018. The hearing on Proceedings Supplemental set for October 19, 2018 at 11:00 a.m., Evansville time (CST), is CONFIRMED. The parties are ORDERED to appear in Room 301 of the United States Courthouse in Evansville, Indiana. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 10/12/2018)
10/18/2018 104 NOTICE OF ROOM CHANGE - Comes now the Court, sua sponte, and CONFIRMS the HEARING UPON PROCEEDINGS SUPPLEMENTAL set for OCTOBER 19, 2018 at 11:00 a.m., Evansville time (CST). The parties are to appear in Room 335 of the U.S. Courthouse, 101 NW MLK Jr. Boulevard, Evansville, Indiana. Signed by Magistrate Judge Matthew P. Brookman on 10/18/2018.(TMB) (Entered: 10/18/2018)
10/19/2018 105 EXHIBIT 1 to Hearing on Proceedings Supplemental by All Plaintiffs. (Thomas, Noah) (Entered: 10/19/2018)
10/19/2018 106 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Proceedings Supplemental held on 10/19/2018. On this date, Plaintiffs Michael J. Smith and Marcia Smith appeared by Counsels Stephen H. Thomas and Noah C. Thomas. Defendants Triple B Trucking, LLC and Gregory Peterson appeared by Counsel Jessica N. Hamilton. Garnishee Defendant National Indemnity Co. of the South appeared by Counsel Wendy Enerson. A representative for Garnishee Defendant failed to appear. Thereafter, the following ORDERS are entered: There being no objections, Plaintiffs are GRANTED leave to electronically file Exhibit 1 admitted during today's hearing. A Show Cause Order for Garnishee Defendant's failure to appear shall be entered by a separate order. Plaintiffs are ORDERED to file a Notice of their attorney's fees and costs associated with preparation for and appearance of today's hearing on or before November 1, 2018. A Hearing on Proceedings Supplemental and Show Cause Order is set for 11/26/2018 at 11:00 AM (Central Time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. A representative for Garnishee Defendant National Indemnity Co. of the South is ORDERED to appear in-person at this hearing. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 10/19/2018)
10/19/2018 107 ORDER TO SHOW CAUSE - This matter is before the Court, sua sponte. On August 17, 2018, a Hearing on Proceedings Supplemental was set in this matter for October 19, 2018 at 11:00 a.m., Central time, and an Order to Appear was issued for Garnishee Defendant National Indemnity Company of the South (Docket No. 92 ). On October 19, 2018, the hearing was held, however, a representative for Garnishee Defendant National Indemnity Company of the South failed to appear. Garnishee Defendant National Indemnity Company of the South is hereby ORDERED to show good cause, if any, for the failure of their representative to appear within fifteen (15) days of the date of this Order. If no good cause is shown by that date, the Magistrate Judge may impose sanctions against Garnishee Defendant National Indemnity Company of the South. Signed by Magistrate Judge Matthew P. Brookman on 10/19/2018.(TMB) (Entered: 10/19/2018)
10/22/2018 108 MOTION for supplemental findings of fact and conclusions of law, filed by Plaintiffs MARCIA SMITH, MICHAEL J. SMITH. (Attachments: # 1 Text of Proposed Order)(Thomas, Noah) (Entered: 10/22/2018)
10/26/2018 109 MOTION to Deposit Funds , filed by Interested Party NATIONAL INDEMNITY COMPANY OF THE SOUTH. (Attachments: # 1 Text of Proposed Order)(Enerson, Wendy) (Entered: 10/26/2018)
10/26/2018 110 RESPONSE in Opposition re 108 MOTION for supplemental findings of fact and conclusions of law and Memorandum in Support of its Motion for Leave to Deposit Funds in the Court's Registry, filed by Interested Party NATIONAL INDEMNITY COMPANY OF THE SOUTH. (Attachments: # 1 Exhibit A - Affidavit of Robert Foehlinger)(Enerson, Wendy) (Entered: 10/26/2018)
10/29/2018 111 CERTIFICATE OF SERVICE by NATIONAL INDEMNITY COMPANY OF THE SOUTH re 109 MOTION to Deposit Funds (Attachments: # 1 Text of Proposed Order)(Enerson, Wendy) (Entered: 10/29/2018)
10/29/2018 112 CERTIFICATE OF SERVICE by NATIONAL INDEMNITY COMPANY OF THE SOUTH re 110 Response in Opposition to Motion (Attachments: # 1 Exhibit A - Affidavit of Robert Foehlinger)(Enerson, Wendy) (Entered: 10/29/2018)
11/01/2018 113 NOTICE of Attorney Fees and Costs, filed by Plaintiffs MARCIA SMITH, MICHAEL J. SMITH (Thomas, Noah) (Entered: 11/01/2018)
11/02/2018 114 REPLY in Support of Motion re 108 MOTION for supplemental findings of fact and conclusions of law , filed by Plaintiffs MARCIA SMITH, MICHAEL J. SMITH. (Thomas, Noah) (Entered: 11/02/2018)
11/05/2018 115 RESPONSE Showing Good Cause, re 107 Order to Show Cause, filed by Interested Party NATIONAL INDEMNITY COMPANY OF THE SOUTH. (Stalker, Samuel) (Entered: 11/05/2018)
11/05/2018 116 CERTIFICATE OF SERVICE by NATIONAL INDEMNITY COMPANY OF THE SOUTH re 115 Response Showing Good Cause (Stalker, Samuel) (Entered: 11/05/2018)

Outcome: Judgement in favor of Plaintiffs for $500,000.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: