Ozuna et al v. Morales et al
| Manuel Ozuna and Johnny Ozuna |
| Magdalena Morales and Mesilla Valley Transportation Inc |
| 1:2023cv01747 |
| July 11, 2023 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| Scott T Varholak |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| 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 37
ORDER. IT IS ORDERED as follows: That the #22 motion contained in the Notice of Motion and Motion To Remand to State Court is granted. That the #19 motion contained in the Notice of Motion and Motion for Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(2) is denied as moot. By Judge Robert E. Blackburn on 8/31/2023.(schap, )
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Filing 36
MINUTE ORDER In light of the pending #22 Motion to Remand and conversation at the 7/20/2023 Status Conference [See #33 ], the Scheduling Conference set for 8/29/2023 and its associated deadlines are VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/18/2023. Text Only Entry (stvlc4, )
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| Filing 35 RESPONSE to Defendants' Memorandum in Response to Plaintiff's Motion to Dismiss and Motion to Remand by Plaintiffs Johnny Ozuna, Manuel Ozuna. (Lopez, Fernando) |
| Filing 34 RESPONSE to #22 MOTION to Remand to State Court Memorandum of Points and Authorities; Declaration of Fernando J. Lopez; and Exhibits, #19 MOTION to Dismiss Motion for Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(2), Memorandum of Points and Authorities; Declaration of Fernando J. Lopez; and Exhibit(s) filed by Defendants Mesilla Valley Transportation Inc, Magdalena Morales. (Parrilla, Geraldo) |
| Filing 33 MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 7/20/2023. ORDERED: Defendants shall look into the issue of whether the case should go back to Texas State Court or the U.S. District Court in Texas. Defendants shall include their findings to that issue in their response to the Motion to Dismiss and the Motion to Remand on or before August 1, 2023. FTR: A402. (morti, ) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT. (Parrilla, Geraldo) |
| Filing 31 NOTICE of Entry of Appearance by Paul Trafton Yarbrough on behalf of Mesilla Valley Transportation Inc, Magdalena MoralesAttorney Paul Trafton Yarbrough added to party Mesilla Valley Transportation Inc(pty:dft), Attorney Paul Trafton Yarbrough added to party Magdalena Morales(pty:dft) (Yarbrough, Paul) |
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Filing 30
MINUTE ORDER This matter is before the Court upon review of the docket. Previously, the Court ordered that: "On or before 7/17/2023, the parties shall... file disclosure statements that name and identify the citizenship of every individual or entity whose citizenship is attributed to that party, as required by Fed. R. Civ. P. 7.1(a)(2) for matters proceeding under diversity jurisdiction." [#20] No such disclosure statement has been filed regarding the citizenship of Defendant Magdalena Morales. The Court ORDERS that Defendants shall file a statement that identifies the citizenship of Defendant Morales on or before 11:30 AM on 7/19/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/18/2023. Text Only Entry (stvlc4, )
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| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Defendants Mesilla Valley Transportation Inc, Magdalena Morales All parties do not consent.. (Parrilla, Geraldo) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT. (Parrilla, Geraldo) |
| Filing 27 NOTICE of Entry of Appearance by Geraldo Enrique Parrilla on behalf of All Defendants Attorney Geraldo Enrique Parrilla added to party Mesilla Valley Transportation Inc(pty:dft), Attorney Geraldo Enrique Parrilla added to party Magdalena Morales(pty:dft) (Parrilla, Geraldo) |
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Filing 26
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a)and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under FED. R. CIV. P. 16(b), enter a SchedulingOrder that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders asappropriate to enforce the Scheduling order and resolve discovery matters; provided, furtherthat the scheduling conference, the Magistrate Judge shall advise the parties of JudgeBlackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred,subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referredas defined in 28 U.S.C. 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. Onthe recommendation or informal request of the magistrate judge or on the request of the partiesby motion, this court may direct the parties to engage in an early neutral evaluation, asettlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 7/17/2023. Text Only Entry (rebsec)
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| Filing 25 CASE REASSIGNED pursuant to #24 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-01747-REB. (Text Only Entry) (cmadr, ) |
| Filing 24 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Johnny Ozuna, Manuel Ozuna All parties do not consent.. (Lopez, Fernando) |
| Filing 23 STATEMENT DISCLOSURE STATEMENT by Plaintiffs Johnny Ozuna, Manuel Ozuna. (Lopez, Fernando) |
| Filing 22 MOTION to Remand to State Court Memorandum of Points and Authorities; Declaration of Fernando J. Lopez; and Exhibits by Plaintiffs Johnny Ozuna, Manuel Ozuna. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Exhibit EXHIBIT D, #5 Exhibit EXHIBIT E, #6 Exhibit EXHIBIT F)(Lopez, Fernando) |
| Filing 21 NOTICE of Entry of Appearance by Fernando J. Lopez on behalf of Johnny Ozuna, Manuel Ozuna (Lopez, Fernando) |
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Filing 20
MINUTE ORDER This matter is before the Court upon review of #19 Notice of Motion and Motion for Dismissal (the "Motion"). A Status Conference is set for 7/20/2023 at 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Telephonic appearances will be permitted. All parties that wish to participate by telephone may do so by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court further RESETS the Consent Form and Rule 7.1 Disclosure deadlines, previously set by #18 Order. On or before 7/17/2023, the parties shall: (1) complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, and (2) file disclosure statements that name and identify the citizenship of every individual or entity whose citizenship is attributed to that party, as required by Fed. R. Civ. P. 7.1(a)(2) for matters proceeding under diversity jurisdiction. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/12/2023. Text Only Entry (stvlc4, )
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| Filing 19 MOTION to Dismiss Motion for Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(2), Memorandum of Points and Authorities; Declaration of Fernando J. Lopez; and Exhibit(s) by Plaintiffs Johnny Ozuna, Manuel Ozuna. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B)(Lopez, Fernando) |
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Filing 18
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 11 July 2023. Consent Form due by 8/15/2023. Proposed Scheduling Order due 8/22/2023. Scheduling Conference set for 8/29/2023 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 14 Case transferred in from District of Texas Southern; Case Number 7:23-cv-00158. File, transfer order and docket sheet received |
| Filing 17 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) |
| Filing 16 Case assigned to Magistrate Judge Scott T. Varholak Text Only Entry (norlin, ) |
| Filing 15 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (norlin, ) |
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Filing 13
ORDER TO TRANSFER CASE to District of Colorado. (Signed by Senior Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) [Transferred from Texas Southern on 7/11/2023.]
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Filing 12
ORDER Striking Document re: #11 JointDiscovery/Case Management Plan filed by Johnny Ozuna, Manuel Ozuna.(Signed by Senior Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) [Transferred from Texas Southern on 7/11/2023.]
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| Interdistrict transfer to District of Colorado. Case transferred electronically. Case terminated on 7/10/2023., filed. (JenniferNogueira, 7) [Transferred from Texas Southern on 7/11/2023.] |
| Filing 11 *STRICKEN BY #12 ORDER* JOINT DISCOVERY/CASE MANAGEMENT PLAN by Johnny Ozuna, Manuel Ozuna, filed.(Lopez, Fernando) Modified on 7/10/2023 (JenniferNogueira, 7). [Transferred from Texas Southern on 7/11/2023.] |
| Filing 10 ANSWER to #1 State Court Petition/Notice of Removal with Jury Demand by Mesilla Valley Transportation, filed. (Attachments: #1 Exhibit Excerpts)(Rivas, Karl) [Transferred from Texas Southern on 7/11/2023.] |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Johnny Ozuna, Manuel Ozuna, filed.(Lopez, Fernando) [Transferred from Texas Southern on 7/11/2023.] |
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Filing 8
ORDER re #7 Motion for Fernando J Lopez to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) [Transferred from Texas Southern on 7/11/2023.]
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| Filing 7 MOTION for Fernando J. Lopez to Appear Pro Hac Vice by Johnny Ozuna, Manuel Ozuna, filed. Motion Docket Date 6/8/2023. (Lopez, Fernando) [Transferred from Texas Southern on 7/11/2023.] |
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. The Joint Discovery/Case Management Plan is due at least 10 days prior to the Initial Conference. Initial Conference set for 7/18/2023 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) [Transferred from Texas Southern on 7/11/2023.]
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| Filing 5 APPENDIX by Magdalena Morales, filed.(Rivas, Karl) [Transferred from Texas Southern on 7/11/2023.] |
| Filing 4 ANSWER to #1 State Court Petition/Notice of Removal with Jury Demand by Magdalena Morales, filed.(Rivas, Karl) [Transferred from Texas Southern on 7/11/2023.] |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by Magdalena Morales, filed.(Rivas, Karl) [Transferred from Texas Southern on 7/11/2023.] |
| Filing 2 APPENDIX by Magdalena Morales, filed.(Rivas, Karl) [Transferred from Texas Southern on 7/11/2023.] |
| Filing 1 NOTICE OF REMOVAL from County Court at Law No. 10, case number CL-23-1329-J (Filing fee $ 402 receipt number ATXSDC-29913413) filed by Magdalena Morales. (Attachments: #1 Civil Cover Sheet, #2 Supplement, #3 Exhibit)(Rivas, Karl) [Transferred from Texas Southern on 7/11/2023.] |
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