Castanon v. Cooper Tire and Rubber Company
| Juan Carlos Castanon |
| Auto Express, Inc. and Cooper Tire and Rubber Company |
| 2:2019cv00086 |
| July 25, 2019 |
| US District Court for the Southern District of Georgia |
| Benjamin W Cheesbro |
| Lisa G Wood |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| NOTICE of Hearing: Motions hearing set for 10/7/2019 at 10:00 AM, Courtroom 1, Brunswick Federal Courthouse before Magistrate Judge Benjamin W. Cheesbro. (km) |
Filing 45
TEXT ORDER granting #44 Motion to Continue and or Reschedule Motion Hearing. The Motions Hearing currently scheduled for Monday, September 16, 2019 at 10:00 a.m., Courtroom 1, Brunswick Federal Courthouse before Magistrate Judge Benjamin W. Cheesbro is CANCELLED pending further notice by the Court. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/12/2019. (km)
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| Filing 44 MOTION to Continue and or Reschedule Motion Hearing by Juan Carlos Castanon. Responses due by 9/25/2019. (Attachments: #1 Proposed Order)(Penn, Darren) |
| MOTIONS REFERRED: #44 MOTION to Continue and or Reschedule Motion Hearing. (slt) |
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Filing 43
TEXT ORDER granting #42 Michael D. Hostetter's Motion for Withdrawal of Counsel. Mr. Hostetter terminated as counsel for Defendant Copper Tire & Rubber Company in this case. R. Thomas Warburton and Mark David Johnson shall continue their representation of Defendant Cooper Tire. Signed by Magistrate Judge Benjamin W. Cheesbro on August 29, 2019. (edd)
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| NOTICE of Hearing. Motions hearing scheduled for 9/16/2019 at 10:00 a.m., Courtroom 1, Brunswick Federal Courthouse, before Magistrate Judge Benjamin W. Cheesbro. (km) |
| Filing 42 MOTION to Withdraw as Attorney by Cooper Tire and Rubber Company. Responses due by 9/10/2019. (Attachments: #1 Text of Proposed Order)(Hostetter, Michael) |
| MOTIONS REFERRED: #42 MOTION to Withdraw as Attorney. (slt) |
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Filing 41
TEXT ORDER granting #40 George R. Neuhauser and Patrick N. Arndt's Motion for Withdrawal of Counsel. Messrs. Neuhauser and Arndt are terminated as counsel for Defendant Copper Tire & Rubber Company in this case. Michael D. Hostetter and Mark David Johnson shall continue their representation of Defendant Cooper Tire. Signed by Magistrate Judge Benjamin W. Cheesbro on August 26, 2019. (edd)
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| Filing 40 MOTION to Withdraw as Attorney by Cooper Tire and Rubber Company. Responses due by 9/5/2019. (Attachments: #1 Text of Proposed Order)(Hostetter, Michael) |
| MOTIONS REFERRED: #40 MOTION to Withdraw as Attorney. (slt) |
| Filing 39 NOTICE of Restriction/Return of Discovery Related Materials re: #37 Notice of Intent, #38 Notice of Intent. (slt) |
| Filing 38 NOTICE of Intent to Serve Subpoena on Non-Party Progressive Auto Insurance Company by Cooper Tire and Rubber Company. (Warburton, R.) |
| Filing 37 NOTICE of Intent to Servef Subpoena on Non-Party GAINSCO Auto Insurance Company by Cooper Tire and Rubber Company. (Warburton, R.) |
| Filing 36 NOTICE of Appearance by Mark David Johnson on behalf of Cooper Tire and Rubber Company (Johnson, Mark) |
| Filing 35 NOTICE of Appearance by R. Thomas Warburton on behalf of Cooper Tire and Rubber Company (Warburton, R.) |
| Filing 34 2nd Deficiency Notice re: Pro Hac Vice Requirements. (csr) |
| Set/Reset Deadlines: Compliance due by 8/26/2019 re: #34 2nd Deficiency Notice. (csr) |
| Filing 33 NOTICE re #31 Case Transferred In - District Transfer, Applications for Pro Hac Vice required. Set/Reset Deadlines: Compliance due by 8/8/2019. (ca) |
| Filing 32 NOTICE to all Counsel of Record re #31 Case Transferred In - District Transfer. (ca) |
| Filing 31 Case transfer in from District of Georgia Northern; Case Number 1:19-cv-00253. Case transferred electronically |
| Civil Case Terminated. (rlb) |
| MOTIONS REFERRED: #9 Motion to Amend Complaint with Brief In Support. (ca) |
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Filing 30
ORDER: Plaintiff's Motion to Add Larry's Auto Express, Inc. is WITHDRAWN #2 . Plaintiff's Motion for Leave to Amend Complaint to Add Oliver Castanon and Patricia Delacruz, as it applies to Patricia Delacruz, is also WITHDRAWN #9 . Plaintiff's Motion to Remand and the Motion for Leave to Amend Complaint to Add Oliver Castanon as Party Defendant are hereby RESERVED, and this case is TRANSFERRED from the United States District Court for the Northern District of Georgia, Atlanta Division, to the United States District Court for the Southern District of Georgia, Brunswick Division. Signed by Judge William M Ray, II on 7/24/19. (rlb)
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| Filing 29 CERTIFICATE OF SERVICE of Discovery Material by Juan Carlos Castanon.(Seifter, James) |
| Filing 28 Minute Entry for proceedings held before Judge William M Ray, II: Motion Hearing held on 7/17/2019. Parties argued the motion to amend. The Court ordered it will TRANSFER the case to the Southern District of Georgia and defer the Motion to Amend for the receiving judge. The Court will prepare an order as such. (Court Reporter Wynette Blathers)(rlb) |
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Filing 27
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 7/17/2019 at 9:30 AM. Signed by Judge William M Ray, II on 7/17/2019. (jkl)
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| Filing 26 Supplement to Opposition to Plaintiff's #2 MOTION to Add Party MOTION to Amend #1 Notice of Removal,, filed by Cooper Tire and Rubber Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Arndt, Patrick) Modified on 7/16/2019 to edit text (rlb). |
| Filing 25 DEPOSITION of Oliver Castanon taken on 5/22/19 by Juan Carlos Castanon.(Penn, Darren) |
| Filing 24 NOTICE RE-SETTING HEARING on all pending Motions for Wednesday, July 17, 2019 at 9:30 a.m. in ATLA Courtroom 1705 before Judge William M Ray II. re #9 MOTION to Amend Complaint, #2 MOTION to Add Party and MOTION to Amend and #7 MOTION to Remand to State Court Signed by Judge William M Ray, II on 6/19/19. (rlb) |
| Filing 23 CERTIFICATE OF SERVICE of 1st Interrogatories and 1st RFP by Cooper Tire and Rubber Company.(Arndt, Patrick) |
| Filing 22 Initial Disclosures by Cooper Tire and Rubber Company.(Arndt, Patrick) |
| Filing 21 Initial Disclosures by Juan Carlos Castanon. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment C, #3 Exhibit Attachment D)(Penn, Darren) |
| Filing 20 NOTICE to Take Deposition of Larry Hutchinson filed by Juan Carlos Castanon (Penn, Darren) |
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Filing 19
SCHEDULING ORDER: re: #18 Joint Preliminary Report and Discovery Plan This case is assigned to the eight-month discovery track. Fact discovery shall end on December 20, 2019. Signed by Judge William M Ray, II on 5/1/19. (rlb)
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| Filing 18 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Cooper Tire and Rubber Company. (Neuhauser, George) |
| Filing 17 Notice to Take Deposition of Oliver Castanon by Juan Carlos Castanon. (Attachments: #1 Subpoena to Testify at Deposition)(Penn, Darren) Text corrected on 4/29/2019 (jkl). |
| Filing 16 Notice to Take Deposition of Brenda Mendez by Juan Carlos Castanon. (Attachments: #1 Subpoena to Testify at Deposition)(Penn, Darren) Text corrected on 4/29/2019 (jkl). |
| Filing 15 Notice to Take Deposition of Larry Hutchinson by Juan Carlos Castanon. (Attachments: #1 Subpoena to Testify at Deposition)(Penn, Darren) Text corrected on 4/29/2019 (jkl). |
| Filing 14 Notice to Take Deposition of Patricia Delacruz by Juan Carlos Castanon. (Attachments: #1 Subpoena to Testify at Deposition)(Penn, Darren) Text corrected on 4/29/2019 (jkl). |
| Submission of #9 MOTION to Amend Complaint, to District Judge William M Ray II. (rlb) |
| Filing 13 CERTIFICATE OF SERVICE of Discovery Material by Juan Carlos Castanon.(Penn, Darren) |
| Filing 12 RESPONSE re #9 MOTION to Amend Complaint filed by Cooper Tire and Rubber Company. (Arndt, Patrick) |
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Filing 11
ORDER: This matter is before the Court on motions hearing on April 1, 2019. After hearing oral argument from both parties and it appearing that all parties are in agreement, the Defendant, Auto Express Inc., is hereby DISMISSED without prejudice from this action. Auto Express, Inc. terminated. Signed by Judge William M Ray, II on 04/02/2019. (rlb)
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| NOTICE of Hearing set for 7/15/2019 at 09:30 AM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl) |
| Filing 10 Minute Entry for proceedings held before Judge William M Ray, II: Motion Hearing held on 4/1/2019. #2 Motion to Add Party and Motion to Amend TAKEN UNDER ADVISEMENT. #7 Motion to Remand to State Court TAKEN UNDER ADVISEMENT. #9 Motion to Amend TAKEN UNDER ADVISEMENT. Parties argued their positions on the motions to add party, amend the complaint, and remand to state court. The parties will further brief the most recently filed motion to amend (#9). 10 minute recess. The Court will rule on these matters, including jurisdiction, in July and allow parties to conduct discovery in the interim. The Court directs the parties to conduct full discovery, including as it relates to Larry's Auto Express, Inc.'s liability. The Court directs parties to promptly submit a JPRDP so that a scheduling order can be issued. (Court Reporter Wynette Blathers)(rlb) |
| Filing 9 MOTION to Amend Complaint with Brief In Support by Juan Carlos Castanon. (Attachments: #1 Brief PL Brief in Supp Mtn for Leave to Amend Complaint and Add Oliver Castanon and Patricia Delacruz as Party Def)(Penn, Darren) Modified on 7/25/2019 (ca). |
| Submission of #7 MOTION to Remand to State Court , to District Judge William M Ray II. (rlb) |
| Filing 8 RESPONSE in Opposition to #7 MOTION to Remand and Renewed Opposition to #2 MOTION to Add Party filed by Cooper Tire and Rubber Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Arndt, Patrick) Modified on 2/22/2019 to edit text (bnp). |
| Submission of #2 MOTION to Add Party, MOTION to Amend #1 Notice of Removal, to District Judge William M Ray II. (jpa) |
| NOTICE of Hearing on #2 MOTION to Add Party/MOTION to Amend and #7 MOTION to Remand to State Court. Motion Hearing set for 4/1/2019 at 02:30 PM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl) |
| Filing 7 MOTION to Remand to State Court with Brief In Support by Juan Carlos Castanon. (Attachments: #1 Exhibit Exhibit 1, #2 Brief PL Memorandum of Law)(Penn, Darren) |
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Filing 6
ORDER OF RECUSAL: Judge Thomas W. Thrash, Jr. recused. Case reassigned to Judge William M Ray, II for all further proceedings. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:19-cv-00253-WMR. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr. on 1/30/2019. (sap)
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| Filing 5 RESPONSE in Opposition re #2 MOTION to Add Party and MOTION to Amend #1 Notice of Removal filed by Cooper Tire and Rubber Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Arndt, Patrick) |
| Filing 4 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Cooper Tire and Rubber Company. Discovery ends on 6/14/2019.(Arndt, Patrick) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by Cooper Tire and Rubber Company identifying Corporate Parent BlackRock, Inc. for Cooper Tire and Rubber Company. (Arndt, Patrick) Corporate Parent Modified on 1/16/2019 (sap). |
| Filing 2 MOTION to Add Larry's Auto Express, Inc. as Party and MOTION to Amend Complaint with Brief In Support by Juan Carlos Castanon. FOUND WITHIN THE #1 NOTICE OF REMOVAL (Filed in Clayton County State Court on 1/8/19). (bnp) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Cooper Tire and Rubber Company. (Filing fee $ 400 receipt number 113E-8384086) (Attachments: #1 Exhibit A - State Court Complaint and Summons, #2 Exhibit B - State Court Pleadings, #3 Exhibit C - Declaration of Leon McCoy, #4 Exhibit D - Declaration of Cynthia R. McCoy, #5 Civil Cover Sheet)(bnp) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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