Barajas et al v. M1 Support Services, LP et al
| Adrian Barajas and Arioanna Barajas |
| M1 Support Services, LP, Allan Lanceta, Marlin Brandon and Terry Gallagher |
| 1:2023cv00413 |
| July 10, 2023 |
| US District Court for the Middle District of Alabama |
| Chad W Bryan |
| R Austin Huffaker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: it is ORDERED that, (1) Plaintiff's #19 Motion to Remand This Action to State Court, Strike the Lanceta Declaration, or Alternatively Hold the Motion to Remand In Abeyance Pending Jurisdictional and Other Discovery is GRANTED in part and DENIED in part. (a) To the extent the Plaintiffs seek immediate remand, the motion is DENIED without prejudice but with leave to refile. Plaintiffs may refile their request for remand no later than January 31, 2024. (b) To the extent the Plaintiffs move to strike the Lanceta Declaration, the motion is DENIED as moot. Plaintiffs may refile their motion to strike if and when they file a renewed motion to remand. (c) To the extent the Plaintiffs move for leave to conduct jurisdictional and other discovery, the motion is GRANTED. Since the issues made the basis of subject matter jurisdiction under the Federal Officers Removal Act and the Plaintiffs' claims and Defendants' defenses are inextricably intertwined, the parties shall conduct discovery on both issues simultaneously. (2) Plaintiff's #31 Motion for Oral Argument and/or Status Conference is DENIED as moot; (3) The parties shall proceed with their planning meeting obligations and shall submit their proposed discovery plan on or by September 15, 2023. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/31/2023. (bes, )
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| REPLY in Support of #19 MOTION to Remand, MOTION to Strike the Lanceta Declaration, or in the Alternative, MOTION to Hold the Motion to Remand in Abeyance Pending Jurisdictional and Other Discovery filed by Adrian Barajas, Arioanna Barajas. (No PDF attached to this entry - see doc #31 for PDF) (bes, ) |
| Filing 31 MOTION to Set Oral Argument and/or Status Conference by Adrian Barajas, Arioanna Barajas. (Riley, Richard) Modified on 8/31/2023 to correct event type and clarify docket text (bes, ). |
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Filing 30
TEXT ORDER granting #27 Motion for Cameron M. Kennedy to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/24/2023. (no pdf attached) (cwl, )
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Filing 29
TEXT ORDER granting #26 Motion for Mariano Garcia to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/24/2023. (no pdf attached) (cwl, )
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Filing 28
TEXT ORDER granting #25 for Christian D. Searcy to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/24/2023. (no pdf attached) (cwl, )
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| Filing 27 Motion for Cameron M. Kennedy to Appear Pro Hac Vice (Filing fee $ 75, receipt number 2983.) by Adrian Barajas, Arioanna Barajas. (Attachments: #1 Exhibit A, #2 Receipt)(hrr, ) |
| Filing 26 Motion for Mariano Garcia to Appear Pro Hac Vice (Filing fee $ 75, receipt number 2984.) by Adrian Barajas, Arioanna Barajas. (Attachments: #1 Exhibit A, #2 Receipt)(hrr, ) |
| Filing 25 Motion for Christian D. Searcy to Appear Pro Hac Vice (Filing fee $ 75, receipt number 2982.) by Adrian Barajas, Arioanna Barajas. (Attachments: #1 Exhibit A, #2 Receipt)(hrr, ) (Attachment 2 replaced on 8/23/2023 to add corrected PDF) (hrr, ). |
| Filing 24 RESPONSE in Opposition re #19 MOTION to Remand, MOTION to Strike the Lanceta Declaration, or in the Alternative, MOTION to Hold the Motion to Remand in Abeyance Pending Jurisdictional and Other Discovery filed by M1 Support Services, LP. (Smithart, M.) Modified on 8/24/2023 to clean up text (cwl, ). |
| ***PURSUANT TO THE #25 #26 & #27 MOTIONS - Attorneys Christian D. Searcy, Cameron M. Kennedy, Mariano Garcia added for Adrian Barajas and Arioanna Barajas. (No PDF attached to this entry) (hrr, ) |
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Filing 23
ORDER: it is therefore ORDERED that Plaintiffs' Motion for Dismissal (Doc. #22 ) is GRANTED. Defendant Allen Lanceta is DISMISSED as a party without prejudice. This case shall proceed against the remaining Defendants M1 Support Services, LP, Marlin Brandon, and Terry Gallagher. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/16/2023. (hrr, )
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| Filing 22 Unopposed MOTION to Dismiss One Defendant by Adrian Barajas, Arioanna Barajas. (Riley, Richard) Modified on 8/15/2023 clarify text (hrr, ). |
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Filing 21
TEXT ORDER: Upon consideration of Plaintiffs' #19 Motion to Remand, Motion to Strike the Declaration of Allan Lanceta, and alternative Motion for Leave to Conduct Jurisdictional and Other Discovery, it is ORDERED that Defendants shall respond to the pending motions within 14 days of this order. Plaintiffs may reply within 7 days from the date Defendants file their response. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/9/2023. (No PDF attached to this entry) (bes, )
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| Filing 20 Amended Corporate Disclosure Statement by M1 Support Services, LP. (Speegle, Clinton) Modified on 8/9/2023 to clarify text(am, ). |
| Filing 19 MOTION to Remand, MOTION to Strike the Lanceta Declaration, or in the Alternative, MOTION to Hold the Motion to Remand in Abeyance Pending Jurisdictional and Other Discoveryby Adrian Barajas, Arioanna Barajas. (Attachments: #1 Exhibit Ex.1 -- Emails with M1, #2 Exhibit Ex.2 -- FOIA Correspondence)(Riley, Richard). Added MOTION to Strike& MOTION on 8/9/2023 (am, ). |
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Filing 18
ORDER: it is ORDERED that, on or before August 21, 2023, M1 shall file amended Corporate Disclosure/ Conflict Statements identifying the names and citizenships of the members of its general partner, Mission First, LLC, in compliance with the Court's Local Rule 7.1 and Federal Rule of Civil Procedure 7.1, as amended. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/8/2023. (hrr, )
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Filing 17
RULE 26(f) ORDER it is ORDERED that the FED. R. CIV. P. 26(f) Report containing the discovery plan shall be filed as soon as practicable but not later than September 8, 2023. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/8/2023. (hrr, )
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| PURSUANT TO THE COURT'S #18 ORDER - Set Corporate Disclosures Deadline (hrr, ) |
| Filing 16 Case reassigned to Honorable Judge R. Austin Huffaker, Jr as Presiding Judge and Magistrate Judge Chad W. Bryan as Referral Judge. Magistrate Judge Chad W. Bryan no longer assigned to the case as Presiding Judge. (bes, ) |
| Filing 15 Corporate/Conflict Disclosure Statement by Terry Gallagher re #12 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Smithart, M.) Modified on 7/18/2023 to add link (hrr, ) (Main Document 15 replaced on 7/18/2023 to attach a properly published PDF) (hrr, ). |
| Filing 14 Corporate/Conflict Disclosure Statement by Marlin Brandon re #12 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Smithart, M.) Modified on 7/18/2023 to add link (hrr, ) (Main Document 14 replaced on 7/18/2023 to attach a properly published PDF) (hrr, ). |
| Filing 13 NOTICE of Assignment to Magistrate Judge sent to counsel for Marlin Brandon, Terry Gallagher (hrr, ) |
| Filing 12 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Marlin Brandon and Terry Gallagher Corporate Disclosures due by 7/28/2023. (Attachments: #1 Conflict Statement Standing Order and Sample Format)(hrr, ) |
| ***PURSUANT TO THE #10 AND #11 FILINGS - Attorneys John Banks Sewell, III and M. Wesley Smithart for added for defendants Marlin Brandon and Terry Gallagher. (hrr, ) |
| Filing 11 ANSWER to Complaint with JURY DEMAND by Terry Gallagher.(Speegle, Clinton) |
| Filing 10 ANSWER to Complaint with JURY DEMAND by Marlin Brandon.(Speegle, Clinton) |
| Filing 9 Corporate/Conflict Disclosure Statement by Adrian Barajas, Arioanna Barajas re #7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Attachments: #1 Exhibit Conflict Disclosure Statement for Arioanna Barajas) (Riley, Richard) (Main Document 9 replaced on 7/13/2023 to attach a properly published PDF) (hrr, ). (Attachment 1 replaced on 7/13/2023 to attach a properly published PDF) (hrr, ). Modified on 7/13/2023 to clarify text(hrr, ). |
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Filing 8
ORDER: The parties previously were given notice that this case was randomly assigned to a United States Magistrate Judge and that each of them would be given the opportunity to consent or decline with respect to Magistrate Judge jurisdiction. The parties are hereby DIRECTED to complete and return the appropriate form so that it is received by the Clerk of Court on or before August 9, 2023, as further set out in order. The consent form should NOT be electronically filed into the record. Do NOT electronically file the reassignment form into the record (hrr, ).
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| Filing 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Adrian Barajas and Arioanna Barajas Corporate Disclosures due by 7/24/2023. (Attachments: #1 Conflict Statement Standing Order and Sample Format)(hrr, ) |
| Filing 6 NOTICE of Appearance by Richard Jon Riley on behalf of Adrian Barajas, Arioanna Barajas (Riley, Richard) |
| ***PURSUANT TO THE #6 NOTICE - Attorney Richard Jon Riley added for plaintiffs Adrian Barajas and Arioanna Barajas. (No PDF attached) (hrr, ) |
| Filing 5 ANSWER to Complaint with Jury Demand by M1 Support Services, LP.(Speegle, Clinton) |
| Filing 4 NOTICE of Assignment to Magistrate Judge sent to counsel for Adrian Barajas, Arioanna Barajas, M1 Support Services, LP (hrr, ) |
| Filing 3 Case Assigned to Magistrate Judge Chad W. Bryan as Presiding Judge. (hrr, ) |
| COMPLAINT with JURY DEMAND against Marlin Brandon, Terry Gallagher, Allan Lanceta, M1 Support Services, LP, filed by Adrian Barajas, Arioanna Barajas. (No PDF attached see doc #1 -2)(hrr, ) |
| NOTICE of filing to state court by M1 Support Services, LP re #1 Notice of Removal. (No PDF attached - see doc #1 ) (hrr, ) |
| JOINDER (Consent to Removal) re #1 Notice of Removal, by Marlin Brandon. (No PDF attached - see doc #1 -3) (hrr, ) |
| JOINDER (Consent to Removal) re #1 Notice of Removal, by Terry Gallagher.(No PDF attached - see doc #1 -4) (hrr, ) |
| Filing 2 Corporate/Conflict Disclosure Statement by M1 Support Services, LP. (Speegle, Clinton) |
| Filing 1 NOTICE OF REMOVAL from Dale County, case number 26-cv-2023-900069. ( Filing fee $ 402 receipt number BALMDC-3466072) , filed by M1 Support Services, LP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A state court file, #3 Exhibit B Brandon consent, #4 Exhibit C Gallagher consent, #5 Exhibit D Doc Summary List, #6 Exhibit E Lanceta Dec, #7 Corp Disclosure Statement)(Speegle, Clinton) Modified on 7/11/2023 to clean up text(hrr, ). |
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