Huerta et al v. Kansas City Southern Inc et al
| Maria DeJesus Perez Huerta, Maria Estela Acero Rodriguez, Heraclio Ruiz Mendez, Erick Antonio Ruiz Hernandez, Fredy Omar Martinez Betancourt, Lourdes Margarita Pinales and Estefania Alejandra Pinales |
| Kansas City Southern Inc, Kansas City Southern D E Mexico and Larry Edward Jameson, Jr |
| 5:2023cv01791 |
| December 27, 2023 |
| US District Court for the Western District of Louisiana |
| Jerry Edwards |
| David C Joseph |
| Kayla D McClusky |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 MOTION to Withdraw Brandon Trey Morris as Attorney by All Plaintiffs. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/23/2024. (Attachments: #1 Proposed order)(aty,Morris, Brandon) |
| Filing 19 MEMORANDUM in Opposition re #17 First MOTION to Dismiss for Lack of Jurisdiction filed by Fredy Omar Martinez Betancourt, Erick Antonio Ruiz Hernandez, Maria DeJesus Perez Huerta, Heraclio Ruiz Mendez, Estefania Alejandra Pinales, Lourdes Margarita Pinales, Maria Estela Acero Rodriguez. (Attachments: #1 Exhibit, #2 Exhibit)(aty,Townsend, Thomas) |
| Filing 18 NOTICE of Motion Setting regarding: #17 First MOTION to Dismiss for Lack of Jurisdiction . Motions referred to District Judge Jerry Edwards, Jr. (crt,Crick, S) |
| Filing 17 First MOTION to Dismiss for Lack of Jurisdiction by Kansas City Southern Inc. (Attachments: #1 Memorandum / Brief Memorandum in Support of Motion to Dismiss, #2 Exhibit 1 - Declaration of KCS, #3 Exhibit 2 - Declaration of KCSM)(aty,Broders, Gabrielle) |
Filing 16
ELECTRONIC ORDER granting #15 Motion for Extension of Time to File Response/Reply re #15 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Remand with consent sought but not yet obtained , #13 MOTION to Remand Responses due by 3/21/2024 Replies due by 3/28/2024. Signed by Magistrate Judge Kayla D McClusky on 2/1/2024. (jud,McClusky, Kayla)
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| Filing 15 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Remand with consent sought but not yet obtained by Kansas City Southern Inc. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/31/2024. (Attachments: #1 Proposed order Proposed Order)(aty,Broders, Gabrielle) |
| Filing 14 NOTICE of Motion Setting regarding: #13 MOTION to Remand . Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 2/20/2024 (crt,Crick, S) |
| NOTICE of Corrective Action to Thomas Taylor Townsend on behalf of Fredy Omar Martinez Betancourt, Erick Antonio Ruiz Hernandez, Maria DeJesus Perez Huerta, Heraclio Ruiz Mendez, Estefania Alejandra Pinales, Lourdes Margarita Pinales, Maria Estela Acero Rodriguez regarding #11 MOTION to Remand . Action taken: Terminated #11 Motion to Remand. #13 Motion to Remand resubmitted. (crt,Crick, S) |
| Filing 13 MOTION to Remand by All Plaintiffs. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/26/2024. (Attachments: #1 Memorandum / Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(aty,Townsend, Thomas) |
| Filing 12 NOTICE of Deficiency to Thomas Taylor Townsend on behalf of Fredy Omar Martinez Betancourt, Erick Antonio Ruiz Hernandez, Maria DeJesus Perez Huerta, Heraclio Ruiz Mendez, Estefania Alejandra Pinales, Lourdes Margarita Pinales, Maria Estela Acero Rodriguez regarding #11 MOTION to Remand . Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. Please see LR7.8 for specific requirements regarding table of contents. (crt,Bunting, M) |
| Filing 11 DEFICIENT . MOTION to Remand by Fredy Omar Martinez Betancourt, Erick Antonio Ruiz Hernandez, Maria DeJesus Perez Huerta, Heraclio Ruiz Mendez, Estefania Alejandra Pinales, Lourdes Margarita Pinales, Maria Estela Acero Rodriguez. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/26/2024. (Attachments: #1 Memorandum / Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(aty,Townsend, Thomas) Modified to reflect deficient status on 1/26/2024 (Bunting, M). Modified on 1/29/2024 to indicate #13 Corrected Motion to Remand submitted.(Crick, S). |
| Filing 10 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to District Judge Jerry Edwards, Jr. Judge David C Joseph no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Judge Terry A Doughty on 1/10/2024. (crt,Kiper, C) |
| Filing 9 RESPONSE TO REMOVAL ORDER by Kansas City Southern Inc . (Attachments: #1 Exhibit State Court Record in Order by Filing Date)(aty,Broders, Gabrielle) |
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Filing 8
ORDER granting #5 Motion for Extension of Time to Answer. Kansas City Southern Inc answer due 2/2/2024. Signed by Magistrate Judge Kayla D McClusky on 1/3/2024. (crt,Leday, A)
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| Filing 7 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by Kansas City Southern Inc. (aty,Broders, Gabrielle) |
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Filing 6
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Kayla D McClusky on 12/29/2023. (crt,Leday, A)
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| Filing 5 MOTION for Extension of Time to File Answer with consent by Kansas City Southern Inc. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 12/29/2023. (Attachments: #1 Proposed order Proposed Order re Motion for Extension of Time to File Responsive Pleadings)(aty,Broders, Gabrielle) |
| Filing 4 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 12/28/2023. (crt,Bunting, M) |
| Filing 3 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #1 Notice of Removal, sent to Gabrielle C Broders on behalf of Larry Edward Jameson, Jr, Kansas City Southern D E Mexico, Kansas City Southern Inc AND Brandon Trey Morris on behalf of Fredy Omar Martinez Betancourt, Erick Antonio Ruiz Hernandez, Maria DeJesus Perez Huerta, Heraclio Ruiz Mendez, Estefania Alejandra Pinales, Lourdes Margarita Pinales, Maria Estela Acero Rodriguez. Diversity Jurisdiction Disclosure Statement due by 1/11/2024. (crt,Bunting, M) |
| STATE COURT Service Returned Executed. Larry Edward Jameson, Jr answer due 1/3/2024; Kansas City Southern D E Mexico answer due 1/3/2024; Kansas City Southern Inc answer due 1/3/2024. ADMINISTRATIVE ENTRY - NO PDF ATTACHED. (crt,Bunting, M) |
| DIVISIONAL TRANSFER of Old Case Number 1:23-cv-1791 from Alexandria Division to Shreveport Division. New Case Number 5:23-cv-1791. Case assigned to Judge David C Joseph and Magistrate Judge Kayla D McClusky. (crt,Bunting, M) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Kansas City Southern, Inc.. (aty,Broders, Gabrielle) |
| Filing 1 NOTICE of Removal from 1st JDC Caddo Parish, Case Number 647026 with Jury Demand; (Filing fee $405, receipt number ALAWDC-5803639) filed by Kansas City Southern Inc. (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Consent to Remove, #3 Civil cover sheet)(Attorney Gabrielle C Broders added to party Kansas City Southern Inc(pty:dft))(aty,Broders, Gabrielle) Modified docket text on 12/28/2023 (Bunting, M). |
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