Miller v. Underwood et al
| Josephine Miller |
| UV Logistics LLC d/b/a United Vision Logistics, VTL WC Acquisition, LLC, UV Logistics Holding Corp., Micheal Underwood, Leo Coppage, Malinda Buchanan, Vincent Farrell, Claudia Rossi, New Prime, Inc., Success Leasing, Inc. and Paulina Serra Rossi |
| 4:2018cv00313 |
| April 30, 2018 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Anderson |
| Amos L Mazzant |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 2, 2019. A more recent docket listing may be available from PACER.
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Filing 61
***DISREGARD - FILED IN ERROR BY ATTORNEY***NOTICE by UV Logistics Holding Corp., UV Logistics LLC d/b/a United Vision Logistics, Micheal Underwood Plaintiff's Motion to Quash the Deposition of Paulina Rossi is Withdrawn (Arias, Fernando) Modified on 4/2/2019 (daj, ).
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Filing 60
ORDER OF REMAND. ORDERED that this case is REMANDED immediately without delay to the 393rd District Court, Denton County, Texas. Signed by District Judge Amos L. Mazzant, III on 2/28/2019. (kls, )
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REMAND letter, certified copy of Order of Remand, and certified copy of docket sheet mailed to the 393rd District Court, Denton County, Texas. (baf, )
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Filing 59
NOTICE by UV Logistics Holding Corp., UV Logistics LLC d/b/a United Vision Logistics, Micheal Underwood, VTL WC Acquisition, LLC of Non-Opposition to Remand (Arias, Fernando)
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Filing 58
NOTICE by Claudia Rossi, Paulina Serra Rossi Non-Opposition to Remand (Balido, Carlos)
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Filing 57
NOTICE by Leo Coppage, New Prime, Inc., Success Leasing, Inc. (Collins, Robert)
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Filing 56
NOTICE by Josephine Miller of Non-Opposition to Remand (Jock, Shelly)
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Filing 55
NOTICE by Vincent Farrell of Non-Opposition to Remand (Polak, Samuel)
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Filing 54
REPLY to Response to Motion re #45 Second MOTION to Dismiss Rule 12(b)(6) and Brief in Support Thereof filed by Vincent Farrell. (Polak, Samuel)
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Filing 53
ORDER. The parties shall file within five (5) days of this order, a notice of non-opposition to remand of this case or a brief analyzing Hensgens factors. If the parties fail to file a notice or briefing within five (5) days, the Court will either remand the case or strike the amended complaint that added nondiverse parties. Signed by District Judge Amos L. Mazzant, III on 2/19/2019. (baf, )
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Filing 52
RESPONSE to Motion re #45 Second MOTION to Dismiss Rule 12(b)(6) and Brief in Support Thereof filed by Josephine Miller. (Attachments: #1 Text of Proposed Order)(Jock, Shelly)
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Filing 51
RESPONSE to Motion re #44 MOTION to Dismiss filed by Josephine Miller. (Attachments: #1 Text of Proposed Order)(Jock, Shelly)
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Filing 50
RESPONSE to Motion re #46 Amended MOTION to Dismiss filed by Josephine Miller. (Attachments: #1 Text of Proposed Order)(Jock, Shelly)
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Filing 49
ORDER. Plaintiff shall file responses to motions #44 MOTION to Dismiss filed by Malinda Buchanan, #45 Second MOTION to Dismiss Rule 12(b)(6) and Brief in Support Thereof filed by Vincent Farrell, #46 Amended MOTION to Dismiss filed by New Prime, Inc., Leo Coppage, Success Leasing, Inc. no later than February 14, 2019, at which time the Court will take up the motions in due course. Signed by District Judge Amos L. Mazzant, III on 2/7/2019. (baf, )
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Filing 48
Defendant Vincent Farrell, Jr.'s ANSWER to #43 Amended Complaint by Vincent Farrell.(Polak, Samuel)
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Filing 47
NOTICE by Leo Coppage, New Prime, Inc., Success Leasing, Inc. (Collins, Robert)
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Filing 46
Amended MOTION to Dismiss by Leo Coppage, New Prime, Inc., Success Leasing, Inc.. (Attachments: #1 Text of Proposed Order)(Collins, Robert) (Attachment 1 replaced on 1/14/2019) (baf, ).
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Filing 45
Second MOTION to Dismiss Rule 12(b)(6) and Brief in Support Thereof by Vincent Farrell. (Polak, Samuel) (Additional attachment(s) added on 1/10/2019: #1 Text of Proposed Order) (baf, ).
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Filing 44
MOTION to Dismiss by Malinda Buchanan. (Attachments: #1 Text of Proposed Order Order on Def Buchanan's 12(b)(6) MTD 3rd Amd Complaint)(Doyle, Christopher)
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Filing 43
AMENDED COMPLAINT against All Defendants, filed by Josephine Miller.(Jock, Shelly)
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Filing 42
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED Defendants Leo Coppage, New Prime, Inc. and Success Leasing, Inc.'s 12(b)(6) Motion to Dismiss (Dkt. #29 ), Defendants Malinda Buchanan's Motion to Dismiss Pursuant to Rule 12(b) (6) (Dkt. #32 ), and Defendant Vincent Farrell, Jr.'s Rule 12(b)(6) Motion to Dismiss (Dkt. #33 ) are hereby DENIED as moot, subject to refiling if Plaintiff fails to file an amended complaint or fails to do so in a manner that comports with the federal pleadings standard. Signed by District Judge Amos L. Mazzant, III on 12/11/2018. (baf, )
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Filing 41
SCHEDULING ORDER: Final Pretrial Conference set for 12/6/2019 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 5/10/2019 for Plaintiff and by 5/24/2019 for Defendant. Discovery due by 8/2/2019. Joinder of Parties due by 3/22/2019. Joint Proposed Jury instructions/Form of Verdict due by 11/22/2019. Mediation Completion due by 9/27/2019. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 5/24/2019. Joint Final Pretrial Order due by 11/6/2019. Signed by District Judge Amos L. Mazzant, III on 10/26/2018. (baf, )
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Filing 40
REPLY to Response to Motion re #32 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Malinda Buchanan. (Doyle, Christopher)
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Filing 39
RESPONSE to Motion re #33 MOTION to Dismiss and Brief in Support Thereof filed by Josephine Miller. (Attachments: #1 Text of Proposed Order)(Jock, Shelly)
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Filing 38
RESPONSE to Motion re #32 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Josephine Miller. (Attachments: #1 Text of Proposed Order)(Jock, Shelly)
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Filing 37
RESPONSE to Motion re #29 MOTION to Dismiss filed by Josephine Miller. (Attachments: #1 Text of Proposed Order)(Jock, Shelly)
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Filing 36
SUMMONS Returned Executed by Josephine Miller. Paulina Serra Rossi served on 9/15/2018, answer due 10/8/2018. (Jock, Shelly)
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Filing 35
Defendants Claudia Rossi a/k/a Claudia Akos and Paulina Serra Rossi's Original ANSWER to #12 Amended Complaint by Claudia Rossi.(Balido, Carlos)
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Filing 34
NOTICE of Attorney Appearance by Shelly Samantha Jock on behalf of All Plaintiffs (Jock, Shelly)
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Filing 33
MOTION to Dismiss and Brief in Support Thereof by Vincent Farrell. (Attachments: #1 Text of Proposed Order Order Granting Defendant Vincent Farrell, Jr.'s Motion to Dismiss)(Polak, Samuel)
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Filing 32
MOTION to Dismiss Pursuant to Rule 12(b)(6) by Malinda Buchanan. (Attachments: #1 Text of Proposed Order Order on Defendant's Rule 12(b)(6) Motion to Dismiss)(Doyle, Christopher)
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Filing 31
SUMMONS Returned Executed by Success Leasing, Inc.. Success Leasing, Inc. served on 9/6/2018, answer due 9/27/2018. (Lavery, Brandon)
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Filing 30
SUMMONS Returned Executed by Claudia Rossi. Claudia Rossi served on 9/8/2018, answer due 10/1/2018. (Lavery, Brandon)
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Filing 29
MOTION to Dismiss by Leo Coppage, Success Leasing, Inc.. (Collins, Robert) (Additional attachment(s) added on 9/28/2018: #1 Text of Proposed Order) (daj, ).
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, )
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Filing 28
Defendant Vincent Farrell, Jr.'s ANSWER to #15 Amended Complaint by Vincent Farrell.(Polak, Samuel)
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Filing 27
SUMMONS Returned Executed by Josephine Miller. Malinda Buchanan served on 9/12/2018, answer due 10/3/2018. (Wiseman, Nicholas)
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Filing 26
SUMMONS Returned Executed by Josephine Miller. Vincent Farrell served on 9/6/2018, answer due 9/27/2018. (Wiseman, Nicholas)
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Filing 25
SUMMONS Returned Executed by Josephine Miller. Leo Coppage served on 9/8/2018, answer due 10/1/2018. (Wiseman, Nicholas)
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Filing 24
SUMMONS Returned Executed by Josephine Miller. New Prime, Inc. served on 9/5/2018, answer due 9/26/2018. (Wiseman, Nicholas)
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Filing 23
SUMMONS Issued as to Success Leasing, Inc.. (daj, )
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Filing 22
SUMMONS Issued as to Paulina Serra Rossi. (daj, )
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Filing 21
SUMMONS Issued as to New Prime, Inc.. (daj, )
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Filing 20
SUMMONS Issued as to Vincent Farrell. (daj, )
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Filing 19
SUMMONS Issued as to Leo Coppage. (daj, )
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Filing 18
SUMMONS Issued as to Claudia Rossi. (daj, )
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Filing 17
SUMMONS Issued as to Malinda Buchanan. (daj, )
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Filing 16
ORDER granting #14 Plaintiff's Second Unopposed Motion for Leave to Amend Complaint and Join Additional Parties (Dkt. #14). Signed by District Judge Amos L. Mazzant, III on 8/29/2018. (kls, )
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Filing 15
AMENDED COMPLAINT against Malinda Buchanan, Leo Coppage, Vincent Farrell, New Prime, Inc., Claudia Rossi, Success Leasing, Inc., Paulina Serra Rossi, filed by Josephine Miller.(Wiseman, Nicholas)
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Filing 14
Unopposed MOTION for Leave to File by Josephine Miller. (Attachments: #1 Text of Proposed Order)(Wiseman, Nicholas)
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Filing 13
ORDER granting #11 Motion for Leave to Amend Complaint and Join Additional Parties. Plaintiff's First Amended Complaint (Dkt. #12) is deemed filed. Signed by District Judge Amos L. Mazzant, III on 8/22/2018. (daj, )
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Filing 12
AMENDED COMPLAINT against Leo Coppage, Malinda Buchanan, Vincent Farrell, Claudia Rossi, New Prime, Inc., Success Leasing, Inc., filed by Josephine Miller.(Wiseman, Nicholas)
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Filing 11
Unopposed MOTION for Leave to File by Josephine Miller. (Attachments: #1 Text of Proposed Order)(Wiseman, Nicholas)
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NOTICE of Deficiency regarding Document #10 - Unopposed Motion for Leave to Amend Complaint submitted by Josephine Miller. Document seeking leave to be filed was not filed separately in compliance with Local Rule CV-7(k). Correction should be made by one business day. (daj, )
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Filing 10
***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***Unopposed MOTION for Leave to File by Josephine Miller. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Wiseman, Nicholas) Modified on 8/22/2018 (daj, ).
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Filing 9
NOTICE of Attorney Appearance by Nicholas Christopher Wiseman on behalf of Josephine Miller (Wiseman, Nicholas)
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Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Scheduling Conference held on 7/11/2018. (not recorded - no attachment) (tls)
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Filing 8
First Amended ANSWER to Complaint Plaintiff's Original Petition by UV Logistics Holding Corp., UV Logistics LLC d/b/a United Vision Logistics, Micheal Underwood, VTL WC Acquisition, LLC.(Arias, Fernando)
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Filing 7
NOTICE of Discovery Disclosure by UV Logistics Holding Corp., UV Logistics LLC d/b/a United Vision Logistics, Micheal Underwood, VTL WC Acquisition, LLC (Arias, Fernando)
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Filing 6
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Appendix 1)(Arias, Fernando)
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Filing 5
ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 7/11/2018 at 1:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Rule 26 Meeting Joint Report due by 6/26/2018. Signed by District Judge Amos L. Mazzant, III on 5/22/2018. (baf, )
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Filing 4
ORDER AND ADVISORY re #1 Notice of Removal, filed by UV Logistics Holding Corp., UV Logistics LLC d/b/a United Vision Logistics, VTL WC Acquisition, LLC, Micheal Underwood. Signed by District Judge Amos L. Mazzant, III on 5/14/2018. (baf, )
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Filing 3
***ORIGINAL ANSWER FILED IN STATE COURT, DENTON COUNTY, TEXAS*** ANSWER to #2 Complaint, by UV Logistics Holding Corp., UV Logistics LLC d/b/a United Vision Logistics, Micheal Underwood, VTL WC Acquisition, LLC.(kls, )
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Filing 2
***ORIGINAL PETITION FILED IN STATE COURT, DENTON COUNTY, TEXAS***COMPLAINT against UV Logistics Holding Corp., UV Logistics LLC d/b/a United Vision Logistics, Micheal Underwood, VTL WC Acquisition, LLC, filed by Josephine Miller.(kls, )
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (kls, )
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Case Assigned to District Judge Amos L. Mazzant, III. (kls, )
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Filing 1
NOTICE OF REMOVAL by VTL WC Acquisition, LLC, UV Logistics LLC d/b/a United Vision Logistics, Micheal Underwood, UV Logistics Holding Corp. from 393rd Judicial District, case number 18-2122-393. (Filing fee $ 400 receipt number 0540-6758736), filed by VTL WC Acquisition, LLC, UV Logistics LLC d/b/a United Vision Logistics, Micheal Underwood, UV Logistics Holding Corp.. (Attachments: #1 Civil Cover Sheet, #2 Supplement Civil Cover Sheet, #3 Index of Documents, #4 Exhibit 1 - State Court Docket Sheet, #5 Exhibit 2 - Plaintiff's Original Petition, filed 3/8/2018, #6 Exhibit 3 - Citation issued to Defendants on 3/9/2018, as served on 3/29/2018, #7 Exhibit 4 - Original Answer of Defendants, filed on 4/4/2018, #8 Exhibit 5 - List of Parties to the Case, #9 Exhibit 6 - List of Attorneys Involved in the Case, #10 Certificate of Interested Parties, #11 Jury Demand)(Arias, Fernando)
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