Tobar v. Hernandez et al
| Jose Tobar |
| Willingham Welding Solutions, Inc., Yvette Hernandez, Richard Livermore doing business as Gas Solutions, Gas Innovations, Allstate Property and Casualty Insurance Company, Richard Livermore and Willingham Welding Solutions, Inc. doing business as Gas Innovations |
| 1:2021cv00059 |
| March 2, 2021 |
| US District Court for the Southern District of Mississippi |
| John C Gargiulo |
| Halil S Ozerden |
| Robert H Walker |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 ACKNOWLEDGMENT OF Receipt of remand order by Circuit Clerk of Harrison County. (wld) |
| Filing 33 Letter to Circuit Clerk of Harrison County, Mississippi from Clerk, U.S. District Court transmitting certified copy of Order or Remand and docket sheet. (wld) |
Filing 32
MEMORANDUM OPINION AND ORDER denying #5 Motion to Sever; granting #16 Motion to Remand. Pursuant to 28 U.S.C. 1447(c), a certified copy of this Order shall be immediately mailed by the Clerk of this Court to the clerk of the state court. Signed by District Judge Halil S. Ozerden on 2/14/2022 (wld)
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Filing 31
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert H. Walker for all further proceedings. Magistrate Judge John C. Gargiulo no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 10/01/2021. (CS)
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| Parties should include the newly assigned Magistrate Judge's initials RHWR on future filings. (CS) |
| Filing 30 SUMMONS Returned Executed by Jose Tobar. Yvette Hernandez served on 5/20/2021, answer due 6/10/2021. (Healy, George) |
| Filing 29 Summons Reissued as to Yvette Hernandez. (RLW) |
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Filing 28
AGREED ORDER #25 waiving medical privilege. Signed by Magistrate Judge John C. Gargiulo on 5/13/21 (HM)
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| Filing 27 NOTICE of Change of Firm Name by Jose Tobar (Healy, George) |
| Filing 26 NOTICE of Appearance by Albert Ralph Jordan, IV on behalf of Jose Tobar (Jordan, Albert) |
| Filing 25 MOTION to Compel Waiver of Medical Privilege by Allstate Property and Casualty Insurance Company (Seymour, Amanda) |
| Filing 24 NOTICE of Service of Request for Production by Allstate Property and Casualty Insurance Company (Seymour, Amanda) |
| Filing 23 NOTICE of Service of Interrogatories by Allstate Property and Casualty Insurance Company (Seymour, Amanda) |
| Filing 22 ANSWER to Complaint with Jury Demand by Allstate Property and Casualty Insurance Company.(Seymour, Amanda) |
| DOCKET ANNOTATION as to #22: Incorrect event chosen. This case was removed from state court, therefore the event code Answer to Complaint (Notice of Removal) should have been used. Attorney is not required to re-file. (RLW) |
| Filing 21 Rebuttal re #16 MOTION to Remand Pursuant to 28 U.S.C. 1447 filed by Jose Tobar (Healy, George) |
| DOCKET ANNOTATION as to #19 and #20: Gas Innovations was terminated as a filer on 3/17/21 and should not have been selected as a filer. Court staff deleted defendant as a filer. (RLW) |
| Filing 20 MEMORANDUM in Opposition re #16 MOTION to Remand Pursuant to 28 U.S.C. 1447 filed by Richard Livermore, Willingham Welding Solutions, Inc. (Holland, Drury) Modified on 4/13/2021 to delete Gas Innovations as a filer (RLW). |
| Filing 19 RESPONSE in Opposition re #16 MOTION to Remand Pursuant to 28 U.S.C. 1447 filed by Richard Livermore, Willingham Welding Solutions, Inc. (Holland, Drury) Modified on 4/13/2021 to delete Gas Innovations as a filer (RLW). |
| Filing 18 Summons Returned Unexecuted by Jose Tobar as to Yvette Hernandez. (Attachments: #1 Exhibit A Process Server Statement)(Healy, George) |
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TEXT ONLY ORDER STAYING PROCEEDINGS. Pursuant to Local Uniform Civil Rule 16(b)(1)(B), the attorney conference, disclosure requirements, and all discovery are stayed, pending ruling on Plaintiff's Motion to Remand #16 . NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/30/21 (HM)
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| Filing 17 MEMORANDUM in Support re #16 MOTION to Remand Pursuant to 28 U.S.C. 1447 filed by Jose Tobar (Healy, George) |
| Filing 16 MOTION to Remand Pursuant to 28 U.S.C. 1447 by Jose Tobar (Healy, George) |
| Filing 15 Summons Issued as to Yvette Hernandez. (wld) |
| Filing 14 NOTICE of Supplementation of State Court Record [Dkt 1-1] by Richard Livermore, Willingham Welding Solutions, Inc. re #1 Notice of Removal,, (Attachments: #1 Attachment Doc. No. 16 - Summons returned executed as to Allstate, #2 Attachment Doc. No. 17 - Summons returned unexecuted as to Yvette Hernandez, #3 Attachment Doc. No. 18 - Notice of Filing Notice of Removal)(Holland, Drury) Modified text on 3/17/2021 (wld). |
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TEXT ONLY ORDER correcting misnomer, granting #12 Defendants' Unopposed Motion to Correct the Names of Defendants. Defendants inform the Court that they are improperly named in the case caption and on the docket, and Plaintiff has no opposition to correcting the misnomer. The Clerk of Court will alter the docket and change the names of Richard Livermore, DBA Gas Solutions, Gas Innovations, and Willingham Welding Solutions, Inc. to Willingham Welding Solutions, Inc. d/b/a Gas Innovations and Richard Livermore. All further pleadings shall reflect the correct names of Defendants. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/17/21 (HM)
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| Filing 13 REPLY to Response to Motion re #5 MOTION to Sever filed by Gas Innovations, Richard Livermore, Willingham Welding Solutions, Inc. (Holland, Drury) |
| Filing 12 MOTION to Correct Names of Defendants by Richard Livermore, Willingham Welding Solutions, Inc. (Holland, Drury) |
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TEXT ONLY ORDER staying discovery. Defendants have filed a #5 MOTION to Sever, which raises the issue of jurisdiction. Filing a motion challenging jurisdiction stays the attorney conference and disclosure requirements and all discovery, pending the Court's ruling on the motion. L.U.Civ.P. 16(b)(3)(B). Plaintiff may proceed with service of process. Plaintiff's #9 Motion to Enlarge Time to Serve Defendant is granted. Plaintiff is granted an additional 90 days to complete service of process and file proof of service of process. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/15/21 (HM)
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| Filing 11 MEMORANDUM in Opposition re #5 MOTION to Sever filed by Jose Tobar (Healy, George) |
| Filing 10 RESPONSE in Opposition re #5 MOTION to Sever filed by Jose Tobar (Healy, George) |
| Filing 9 MOTION for Extension of Time to Serve Process by Jose Tobar (Healy, George) |
| Filing 8 NOTICE of Appearance by Drury Sumner Holland on behalf of Gas Innovations, Richard Livermore, Willingham Welding Solutions, Inc. (Holland, Drury) |
| Filing 7 Corporate Disclosure Statement by Willingham Welding Solutions, Inc. (Holland, Drury) |
| Filing 6 MEMORANDUM IN SUPPORT re #5 MOTION to Sever filed by Gas Innovations, Richard Livermore, Willingham Welding Solutions, Inc. (Holland, Drury) |
| Filing 5 MOTION to Sever by Gas Innovations, Richard Livermore, Willingham Welding Solutions, Inc. (Attachments: #1 Exhibit A - First Supplemental and Amended Complaint)(Holland, Drury) |
| Filing 4 NOTICE of Appearance by Drury Sumner Holland on behalf of Gas Innovations, Richard Livermore, Willingham Welding Solutions, Inc. (Holland, Drury) |
| DOCKET ANNOTATION as to #3: Advising attorney that one of the defendant's name in the title of the document is incorrect; and that it is not necessary to include filers names in the title. Also attorney(s) may want to consider filing a Motion to Correct Names. (RLW) |
| Filing 3 ANSWER to Complaint (Notice of Removal) and Affirmative Defenses by Gas Innovations, Richard Livermore, Willingham Welding Solutions, Inc. (Ellzey, Scott) |
| Filing 2 *RESTRICTED* DOCUMENT: Unredacted Notice of Removal (Attachments: #1 Unredacted State Court File)(wld) |
| Filing 1 NOTICE OF REMOVAL by Richard Livermore, Willingham Welding Solutions, Inc. from Circuit Court of Harrison County, Mississippi, case number 21-00004. ( Filing fee $ 402 receipt number 0538-4495739) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A-State Court File, #2 Civil Cover Sheet)(wld) |
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