Rivera et al v. Altec, Inc. et al
| Jesus Cortez Rivera and Viridiana Reyes |
| ALL RAILROAD SERVICES CORP., Navistar, Inc., Altec Industries, Inc., Altec, Inc., All Reliable Services, Inc., All Reliable doing business as All Reliable Services, Inc. doing business as All Reliable Services Corporation doing business as All Reliable Services doing business as All Reliable Svc, International doing business as International Truck and Eng Corp doing business as International Truck and Engine Corporation doing business as International Truck and Engine doing business as International Truck and Engine Corp doing business as Int, All Railroad Services Corp. doing business as All Railroad Svc Corp doing business as All Railroad Services Corporation doing business as ARS Corp doing business as ARS C doing business as ARS and Altec, Inc. doing business as Altec Industries, Inc. doing business as Altec Utility Equipment Co Inc. doing business as Altec Frederick, MD Service Center doing business as Altec |
| 1:2021cv00681 |
| March 18, 2021 |
| US District Court for the District of Maryland |
| Ellen L Hollander |
| Ellen Lipton Hollander |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 56
ORDER granting #49 Plaintiffs' Motion for Voluntary Dismissal; denying as moot #8 ARS Motion and denying #50 Plaintiffs' Motion to Supplement. Signed by Judge Ellen L. Hollander on 11/19/2021. (bmhs, Deputy Clerk)
|
| Filing 55 MEMORANDUM. Signed by Judge Ellen L. Hollander on 11/19/2021. (bmhs, Deputy Clerk) |
| Filing 54 NOTICE by All Railroad Services Corp., All Reliable re #51 Response in Opposition to Motion, #52 Response in Opposition to Motion, Proposed Order (Russell, Miranda) |
| Filing 53 QC NOTICE: #51 Response in Opposition to Motion filed by All Railroad Services Corp. and All Reliable and #52 Response in Opposition to Motion filed by All Railroad Services Corp. and All Reliable was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to #51 and #52 Responses. (bmhs, Deputy Clerk) |
| Filing 52 RESPONSE in Opposition re #50 MOTION for Leave to File a Supplemental Opposition to Defendants' Motion to Dismiss, or In the Alternative, for Summary Judgment filed by All Railroad Services Corp., All Reliable.(Russell, Miranda) |
| Filing 51 RESPONSE in Opposition re #49 MOTION for Voluntary Dismissal Without Prejudice by Court Order filed by All Railroad Services Corp., All Reliable. (Attachments: #1 Exhibit A, #2 Exhibit B)(Russell, Miranda) |
| Filing 50 MOTION for Leave to File a Supplemental Opposition to Defendants' Motion to Dismiss, or In the Alternative, for Summary Judgment by Viridiana Reyes, Jesus Cortez Rivera (Attachments: #1 Exhibit)(Hopper, Gregory) |
| Filing 49 MOTION for Voluntary Dismissal Without Prejudice by Court Order by Viridiana Reyes, Jesus Cortez Rivera (Attachments: #1 Text of Proposed Order)(Hopper, Gregory) |
| Filing 48 NOTICE of Appearance by Gregory Gene Hopper on behalf of Viridiana Reyes, Jesus Cortez Rivera (Hopper, Gregory) |
| Filing 47 STATUS REPORT in response to ECF 44 and 45 by All Railroad Services Corp., All Reliable(Russell, Miranda) |
| Filing 46 Correspondence re: Plaintiffs' Status Report (Parker, Bruce) |
| Filing 45 Status Report Submitted Letter to USDM re Court Demand for Status Report by Viridiana Reyes, Jesus Cortez Rivera (Pinacho, Gonzalo) |
|
Filing 44
ORDER directing counsel to file a status report. Signed by Judge Ellen L. Hollander on 8/13/2021. (bmhs, Deputy Clerk)
|
| Filing 43 MANDATE of USCA as to #37 Notice of Appeal, filed by Jesus Cortez Rivera, Viridiana Reyes (jb5, Deputy Clerk) |
|
Filing 42
ORDER of USCA as to #37 Notice of Appeal, filed by Jesus Cortez Rivera, Viridiana Reyes (jb5, Deputy Clerk)
|
| Filing 41 Correspondence re: July 7th Correspondence [ECF 39] (Wharton, Michael) |
| Filing 40 USCA Case Number 21-1743 for #37 Notice of Appeal, filed by Jesus Cortez Rivera, Viridiana Reyes. Case Manager - Emily Borneisen (jb5, Deputy Clerk) |
| Filing 39 Correspondence re: Substantive Legal Issues (Wharton, Michael) |
| Filing 38 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #37 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) |
| Filing 37 NOTICE OF APPEAL as to #35 Memorandum Opinion, #36 Order on Motion for Other Relief, Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction by Viridiana Reyes, Jesus Cortez Rivera. Filing fee $ 505, receipt number 0416-9360399. (Attachments: #1 Attachment Certificate of Service, #2 Judgment Order of Court 7-2-2021, #3 Attachment Decision Opinion of Court 7-2-2021)(Pinacho, Gonzalo) |
|
Filing 36
ORDER denying #30 Plaintiffs' Motion for Surreply; granting without prejudice #9 Navistar's Motion to Dismiss. Signed by Judge Ellen L. Hollander on 7/2/2021. (ols, Deputy Clerk)
|
| Filing 35 MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 7/2/2021. (ols, Deputy Clerk) |
| Filing 34 MEMORANDUM to Counsel. Signed by Judge Ellen L. Hollander on 6/15/2021. (bmhs, Deputy Clerk) |
| Filing 33 Emergency Correspondence re: Request expedited decision on Navistar MtD (document No. 9) (Pinacho, Gonzalo) |
| Filing 32 RESPONSE in Opposition re #30 Second MOTION for Other Relief Sur Reply filed by Navistar, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Wharton, Michael) |
| Filing 31 (FILED IN ERROR - Counsel refiled as ECF 32) RESPONSE in Opposition re #30 Second MOTION for Other Relief Sur Reply filed by Navistar, Inc. (Attachments: #1 Text of Proposed Order)(Wharton, Michael) Modified on 5/21/2021 (bmhs, Deputy Clerk). |
| Filing 30 Second MOTION for Other Relief Sur Reply by Viridiana Reyes, Jesus Cortez Rivera (Attachments: #1 Exhibit Ex A of Motion to File Sur Reply, #2 Exhibit Ex - A of Sur Reply, #3 Exhibit Ex B of Sur Reply)(Pinacho, Gonzalo) |
| Filing 29 REPLY to Response to Motion re #9 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by Navistar, Inc..(Wharton, Michael) |
| Filing 28 QC NOTICE: #27 Response in Support of Motion filed by Navistar, Inc. was filed incorrectly. **Incorrect event selected. Please refile using the event under Responses and Replies > Reply to Response to Motion. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) |
| Filing 27 (FILED IN ERROR) RESPONSE in Support re #9 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by Navistar, Inc. (Wharton, Michael) Modified on 5/10/2021 (bmhs, Deputy Clerk). |
| Filing 26 REPLY to Response to Motion re #8 MOTION to Dismiss Or in the Alternative, For Summary Judgment filed by All Railroad Services Corp., All Reliable. (Attachments: #1 Exhibit A)(Russell, Miranda) |
| Filing 25 NOTICE of Appearance by Miranda Russell on behalf of All Railroad Services Corp., All Reliable (Russell, Miranda) |
|
Filing 24
MARGINAL ORDER approving #23 Notice of Withdrawal of Appearance. Signed by Judge Ellen L. Hollander on 4/27/2021. (bmhs, Deputy Clerk)
|
| Filing 23 NOTICE by All Railroad Services Corp., All Reliable Notice of Withdrawal of Appearance (Healy, Matthew) |
| Filing 22 RESPONSE in Opposition re #9 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction Memorandum in Opposition filed by Jesus Cortez Rivera.(Pinacho, Gonzalo) |
| Filing 21 RESPONSE in Opposition re #8 MOTION to Dismiss Or in the Alternative, For Summary Judgment Memorandum in Opposition filed by Jesus Cortez Rivera. (Attachments: #1 Exhibit EX-A Affidavit of Jesus Rivera, #2 Exhibit EX-B Affidavit of Adolfo Cortes, #3 Exhibit EX-C Affidavit of Henry Hernandez, #4 Exhibit EX-D Medical Record, #5 Exhibit EX-E Affidavit of Viridiana Reyes, #6 Exhibit EX-F Letter from Zurich Ins, #7 Exhibit EX-G Paycheck from All Reliable Services)(Pinacho, Gonzalo) |
| Filing 20 Correspondence re: Ford Motor Co. Decision (Wharton, Michael) |
| Filing 19 Local Rule 103.3 Disclosure Statement by Navistar, Inc. identifying Corporate Parent Navistar International Corporation for Navistar, Inc..(Rubin, Michael) |
| Filing 18 Local Rule 103.3 Disclosure Statement by Altec, Inc. identifying Other Affiliate Altec Capital Services, LLC, Other Affiliate Altec Worldwide, LLC, Other Affiliate Altec, LLC, Other Affiliate Repair Central, LLC, Other Affiliate J.J. Kane Associates, Inc., Other Affiliate Altec Environmental Products, LLC, Other Affiliate Altec Northeast, LLC, Other Affiliate Altec Ventures, LLC, Other Affiliate Aii Acquisition, LLC, Other Affiliate Altec Industries, Inc., Other Affiliate Global Rental, Inc., Other Affiliate Altec NUECO LLC, Other Affiliate Altec Sales International, Inc., Other Affiliate Altec Air, LLC for Altec, Inc..(Wasylak, Gregory) |
| Filing 17 QC NOTICE: #16 Local Rule 103.3 Disclosure Statement filed by Altec, Inc. was filed incorrectly. **The Local Rule 103.3 Disclosure Statement needs to be refiled. Everyone designated on your disclosure statement as having financial interest in the outcome of the case needs to be added as a corporate parent or other affiliate when the system prompts you. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) |
| Filing 16 (FILED IN ERROR) Local Rule 103.3 Disclosure Statement by Altec, Inc. (Wasylak, Gregory) Modified on 3/30/2021 (bmhs, Deputy Clerk). |
|
Filing 15
MARGINAL ORDER approving #14 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 3/29/2021. (bmhs, Deputy Clerk)
|
| Filing 14 Consent MOTION for Extension of Time to File Response/Reply 4/26/2021 by Viridiana Reyes, Jesus Cortez Rivera.(Pinacho, Gonzalo) |
| Filing 13 Jury Trial Demand by Viridiana Reyes, Jesus Cortez Rivera(Pinacho, Gonzalo) |
| Filing 12 NOTICE of Appearance by Gonzalo Pinacho on behalf of All Plaintiffs (Pinacho, Gonzalo) |
| Filing 11 Local Rule 103.3 Disclosure Statement by All Railroad Services Corp. identifying Corporate Parent Zurich American Insurance Company for All Railroad Services Corp..(Stephenson, Andrew) |
| Filing 10 Local Rule 103.3 Disclosure Statement by All Reliable identifying Corporate Parent Zurich American Insurance Company for All Reliable.(Stephenson, Andrew) |
| Filing 9 MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction by Navistar, Inc. (Attachments: #1 Attachment Request for Hearing, #2 Text of Proposed Order, #3 Memorandum in Support, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(Wharton, Michael) |
| Filing 8 MOTION to Dismiss Or in the Alternative, For Summary Judgment by All Railroad Services Corp., All Reliable (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1 - Affidavit of Mike Heridia, #3 Text of Proposed Order)(Stephenson, Andrew) |
| Filing 7 Correspondence to Gonzalo Pinacho, Esq. re: Removal notification. (c/m 3/22/21)(bmhs, Deputy Clerk) |
|
Filing 6
Standing Order Concerning Removal. Signed by Judge Ellen L. Hollander on 3/18/2021. (jb5, Deputy Clerk)
|
| Filing 5 State Court NOTICE Of Dismissal by Viridiana Reyes, Jesus Cortez Rivera (Attachments: #1 Affidavit R. Bond)(jb5, Deputy Clerk) |
| Filing 4 State Court ANSWER to #2 State Court Complaint by Altec, Inc..(jb5, Deputy Clerk) |
| Filing 3 State Court SUMMONS Returned Executed (jb5, Deputy Clerk) |
| Filing 2 STATE COURT COMPLAINT against All Railroad Services Corp., All Reliable, Altec, Inc., International, filed by Jesus Cortez Rivera, Viridiana Reyes.(jb5, Deputy Clerk) |
| THE ABOVE DOCUMENTS (2 thru 5) ARE COPIES OF ORIGINAL PAPERS FILED IN THE CIRCUIT COURT FOR FREDERICK COUNTY. (jb5, Deputy Clerk) |
| Filing 1 NOTICE OF REMOVAL from Frederick County Circuit Court, case number C-10-CV-21-000055. ( Filing fee $ 402 receipt number 0416-9167852), filed by Navistar, Inc., Altec, Inc., Altec Industries, Inc., ALL RAILROAD SERVICES CORP., All Reliable Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Wharton, Michael) |
| Case Assigned to Judge Ellen L. Hollander. (ko, Deputy Clerk) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Maryland District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Rivera et al v. Altec, Inc. et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: ALL RAILROAD SERVICES CORP. | |
| Represented By: | Matthew Healy |
| Represented By: | Andrew T Stephenson |
| Represented By: | Michael Thomas Wharton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Navistar, Inc. | |
| Represented By: | Michael Thomas Wharton |
| Represented By: | Michael Sweeney Rubin |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Altec Industries, Inc. | |
| Represented By: | Bruce R Parker |
| Represented By: | Brian J Healy |
| Represented By: | Gregory T Wasylak |
| Represented By: | Michael Thomas Wharton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Altec, Inc. | |
| Represented By: | Bruce R Parker |
| Represented By: | Brian J Healy |
| Represented By: | Gregory T Wasylak |
| Represented By: | Michael Thomas Wharton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: All Reliable Services, Inc. | |
| Represented By: | Matthew Healy |
| Represented By: | Andrew T Stephenson |
| Represented By: | Michael Thomas Wharton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: All Reliable doing business as All Reliable Services, Inc. doing business as All Reliable Services Corporation doing business as All Reliable Services doing business as All Reliable Svc | |
| Represented By: | Matthew Healy |
| Represented By: | Andrew T Stephenson |
| Represented By: | Miranda Russell |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: International doing business as International Truck and Eng Corp doing business as International Truck and Engine Corporation doing business as International Truck and Engine doing business as International Truck and Engine Corp doing business as Int | |
| Represented By: | Michael Thomas Wharton |
| Represented By: | Michael Sweeney Rubin |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: All Railroad Services Corp. doing business as All Railroad Svc Corp doing business as All Railroad Services Corporation doing business as ARS Corp doing business as ARS C doing business as ARS | |
| Represented By: | Matthew Healy |
| Represented By: | Andrew T Stephenson |
| Represented By: | Miranda Russell |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Altec, Inc. doing business as Altec Industries, Inc. doing business as Altec Utility Equipment Co Inc. doing business as Altec Frederick, MD Service Center doing business as Altec | |
| Represented By: | Bruce R Parker |
| Represented By: | Brian J Healy |
| Represented By: | Gregory T Wasylak |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Jesus Cortez Rivera | |
| Represented By: | Gonzalo Pinacho |
| Represented By: | Gregory Gene Hopper |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Viridiana Reyes | |
| Represented By: | Gonzalo Pinacho |
| Represented By: | Gregory Gene Hopper |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
