Hernandez v. Chevron U.S.A., Inc.
| Raul Hernandez |
| Chevron U.S.A., Inc., Airswift Holdings Limited, Grand Isle Shipyard, Inc. and Swift Technical Services, L.L.C |
| 2:2017cv01083 |
| November 1, 2017 |
| US District Court for the District of New Mexico |
| Las Cruces Office |
| -OUT OF STATE- |
| James O Browning |
| Gregory J Fouratt |
| Gregory B Wormuth |
| Personal Injury: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 NOTICE of receipt of remand letter re #49 from First Judicial District Court (vv) |
| Filing 49 Letter by U S District Court remanding case to First Judicial District Court (vv) |
| Filing 48 FINAL JUDGMENT by District Judge James O. Browning. (vv) |
Filing 47
MEMORANDUM OPINION AND ORDER denying #17 MOTION to Remand and granting #18 Motion to file first amended complaint and to remand by District Judge James O. Browning. (vv)
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| Filing 46 ANSWER to #41 Amended Complaint by Chevron U.S.A., Inc..(Anderson, Jennifer) |
| Filing 45 ANSWER to #41 Amended Complaint by Grand Isle Shipyard, Inc..(Bunting, David) |
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Filing 44
ORDER by District Judge James O. Browning granting #7 Motion to Dismiss for Lack of Jurisdiction; denying #15 Motion to Stay (vv)
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Filing 43
ORDER by District Judge James O. Browning granting #18 Motion for Leave to File (vv)
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| Summons Issued on Amended Complaint as to Swift Technical Services, L.L.C. (mnb) |
| Filing 42 ***FILED IN ERROR***Summons Returned Unexecuted by Raul Hernandez as to Raul Hernandez. (Isaac, Joseph) Modified on 8/13/2018 (jg). |
| Filing 41 AMENDED COMPLAINT Plaintiff's First Amended Complaint for Personal Injuries against Raul Hernandez., filed by Raul Hernandez. (Isaac, Joseph) |
| Filing 40 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 8/13/2018 re #18 Opposed MOTION for Leave to File #17 MOTION to Remand, #15 MOTION to Stay ; #7 MOTION to Dismiss for Lack of Jurisdiction. (Court Reporter J. Bean) (vv) |
| Filing 39 NOTICE by Raul Hernandez Notice of Consent to Court to Conduct Hearing Telephonically (Isaac, Joseph) Modified spellings on 8/3/2018 (vv). |
| Filing 38 NOTICE by Grand Isle Shipyard, Inc. Notice of Consent for the Court to Conduct Hearing Out of District (Bunting, David) |
| Filing 37 NOTICE by Chevron U.S.A., Inc. Of Consent to Court to Conduct Hearing Out of District (Anderson, Jennifer) |
| Filing 36 NOTICE by Airswift Holdings Limited re 31 Notice of Hearing on Motion,,,,,, (Austin, Joseph) |
| Filing 35 MINUTE ORDER pursuant to the direction of District Judge James O. Browning, counsel are directed to file/refile (if they so consent) a Notice of consent "to allow the Court to conduct the hearing out of district from the Dallas, Texas area" for the hearing scheduled for 8/13/18. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED (cab) |
| Filing 34 NOTICE by Grand Isle Shipyard, Inc. Notice of Consent for the Court to Conduct a Telephonic Hearing (Bunting, David) |
| Filing 33 NOTICE by Raul Hernandez Notice of Consent to Court to Conduct Hearing Telephonically (Isaac, Joseph) Modified spellings on 8/3/2018 (vv). |
| Filing 32 NOTICE by Chevron U.S.A., Inc. of Consent to Court to Conduct Hearing Telephonically (Anderson, Jennifer) |
| Filing 31 NOTICE of Hearing on Motion #7 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support, #15 MOTION to Stay re #7 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support PLAINTIFFS MOTION TO STAY RULING PENDING JURISDICTIONAL DISCOVERY ON DEFENDANT AIRSWIFT HOLDINGS LIMITEDS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, #17 MOTION to Remand Plaintiff's Motion to Remand and #18 Opposed MOTION for Leave to File Plaintiff's Opposed Motion for Leave to File First Amended Complaint to Add Swift Technical Services, LLC as an Additional Party, and to Remand Pursuant to 28 U.S.C. Sect. 1447(e): Motion Hearing set for 8/13/2018 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Also, notifying the parties that the Court will be in the Dallas, Texas area on 8/13/18 and that the Court would like to conduct the hearing out of district and by telephone. The purpose of this notice is, in part, to request consent from the parties to allow the Court to conduct the hearing out of district from the Dallas, Texas area. If the parties consent to the Court doing so, they should submit a filing with the Court so stating; if they do not consent, they should submit a filing so stating and the hearing will be rescheduled. Should counsel also wish to appear telephonically for the hearing they should contact the Court's Courtroom Deputy (carol_bevel@nmcourt.fed.us or (505) 348-2289) to coordinate arrangements. (cab)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 30 MINUTE ORDER, pursuant to District Judge James O. Browning the hearing currently set for 6/22/18 at 8:30am is VACATED and will be reset by separate notice at a later date.THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED (cab) |
| Filing 29 NOTICE of Appearance by Joseph Austin on behalf of Airswift Holdings Limited (Austin, Joseph) |
| Filing 28 NOTICE of Hearing on Motion #15 MOTION to Stay re #7 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support PLAINTIFFS MOTION TO STAY RULING PENDING JURISDICTIONAL DISCOVERY ON DEFENDANT AIRSWIFT HOLDINGS LIMITEDS MOTION TO DISMISS FOR LACK OF PERSONAL JURI, #18 Opposed MOTION for Leave to File Plaintiff's Opposed Motion for Leave to File First Amended Complaint to Add Swift Technical Services, LLC as an Additional Party, and to Remand Pursuant to 28 U.S.C. Sect. 1447(e), #17 MOTION to Remand Plaintiff's Motion to Remand, #7 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support : Motion Hearing set for 6/22/2018 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (cab)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 27 REPLY to Response to Motion re #18 Opposed MOTION for Leave to File Plaintiff's Opposed Motion for Leave to File First Amended Complaint to Add Swift Technical Services, LLC as an Additional Party, and to Remand Pursuant to 28 U.S.C. Sect. 1447(e), #17 MOTION to Remand Plaintiff's Motion to Remand Plaintiff's Reply in Support of Plaintiff's Motion for Leave to File First Amended Complaint to Add Swift Technical Services, L.L.C. as an Additional Party, and to Remand Pursuant to 28 U.S.C. 1447(e) (Doc. 18) and Plaintiff's Motion to Remand (Doc. 17) filed by Raul Hernandez. (Attachments: #1 Exhibit A, #2 Exhibit B) (Isaac, Joseph) |
| Filing 26 RESPONSE to Motion re #18 Opposed MOTION for Leave to File Plaintiff's Opposed Motion for Leave to File First Amended Complaint to Add Swift Technical Services, LLC as an Additional Party, and to Remand Pursuant to 28 U.S.C. Sect. 1447(e) filed by Chevron U.S.A., Inc.. (Anderson, Jennifer) |
| Filing 25 RESPONSE to Motion re #17 MOTION to Remand Plaintiff's Motion to Remand filed by Chevron U.S.A., Inc.. (Anderson, Jennifer) |
| Filing 24 RESPONSE in Opposition re #18 Opposed MOTION for Leave to File Plaintiff's Opposed Motion for Leave to File First Amended Complaint to Add Swift Technical Services, LLC as an Additional Party, and to Remand Pursuant to 28 U.S.C. Sect. 1447(e) and Brief in Support filed by Airswift Holdings Limited. (Bonner, Richard) |
| Filing 23 RESPONSE to Motion re #17 MOTION to Remand Plaintiff's Motion to Remand and Brief in Support filed by Airswift Holdings Limited. (Attachments: #1 Affidavit Declaration, #2 Affidavit Declaration, #3 Affidavit Second Declaration, #4 Affidavit Declaration) (Bonner, Richard) |
| Filing 22 RESPONSE in Opposition re #18 Opposed MOTION for Leave to File Plaintiff's Opposed Motion for Leave to File First Amended Complaint to Add Swift Technical Services, LLC as an Additional Party, and to Remand Pursuant to 28 U.S.C. Sect. 1447(e), #17 MOTION to Remand Plaintiff's Motion to Remand filed by Grand Isle Shipyard, Inc.. (Bunting, David) |
| Filing 21 RESPONSE to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support filed by Chevron U.S.A., Inc.. (Anderson, Jennifer) |
| Filing 20 RESPONSE to Motion re #15 MOTION to Stay re #7 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support PLAINTIFFS MOTION TO STAY RULING PENDING JURISDICTIONAL DISCOVERY ON DEFENDANT AIRSWIFT HOLDINGS LIMITEDS MOTION TO DISMISS FOR LACK OF PERSONAL JURI and Brief in Support filed by Airswift Holdings Limited. (Bonner, Richard) |
| Filing 19 PLEASE TAKE NOTICE that this case has been reassigned to District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam) |
| Filing 18 Opposed MOTION for Leave to File Plaintiff's Opposed Motion for Leave to File First Amended Complaint to Add Swift Technical Services, LLC as an Additional Party, and to Remand Pursuant to 28 U.S.C. Sect. 1447(e) by Raul Hernandez. (Isaac, Joseph) |
| Filing 17 MOTION to Remand Plaintiff's Motion to Remand by Raul Hernandez. (Isaac, Joseph) |
| Filing 16 NOTICE by Raul Hernandez Certificate of Written Discovery (Isaac, Joseph) |
| Filing 15 MOTION to Stay re #7 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support PLAINTIFFS MOTION TO STAY RULING PENDING JURISDICTIONAL DISCOVERY ON DEFENDANT AIRSWIFT HOLDINGS LIMITEDS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (DOC. 7) by Raul Hernandez. (Isaac, Joseph) |
| Filing 14 NOTICE by Grand Isle Shipyard, Inc. Fed R.Civ.P. 7.1 Corporate Disclosure Statement (Bunting, David) |
| Filing 13 NOTICE by Airswift Holdings Limited Rule 7.1 Corporate Disclosure Statement (Bonner, Richard) |
| Filing 12 NOTICE of Appearance of Additional Out of District Counsel Eric W. Kristiansen and Cody T. Vasut on behalf of Airswift Holdings Limited (Bonner, Richard) Modified text on 11/20/2017 (bap). |
| Filing 11 ASSOCIATION of Attorney Licensed Outside the District for Defendant Airswift Holdings Limited by Richard A. Bonner on behalf of: Cody T. Vasut Baker & Hostetler LLP 811 Mail Street, Ste. 1100Houston, Texas 77002 713-751-1600 Fax 713-751-1717 cvasut@bakerlaw.com (Association Dues - Online Payment) (Bonner, Richard)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 10 ASSOCIATION of Attorney Licensed Outside the District for Defendant Airswift Holdings Limited by Richard A. Bonner on behalf of: Eric W. Kristiansen Baker & Hostetler LLP 811 Mail Street, Ste. 1100Houston, Texas 77002 713-751-1600 Fax 713-751-1717 ekristiansen@bakerlaw.com (Association Dues - Online Payment) (Bonner, Richard)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Association Dues Received: $ 100 receipt number 1084-5511421 re: # 10 Association of Attorney Licensed Outside the District, filed by Airswift Holdings Limited (Payment made via Pay.gov)(Bonner, Richard) |
| Association Dues Received: $ 100 receipt number 1084-5511515 re: # 11 Association of Attorney Licensed Outside the District, filed by Airswift Holdings Limited (Payment made via Pay.gov)(Bonner, Richard) |
| Filing 9 Defendant Chevron U.S.A., Inc.'s ANSWER to Complaint (Notice of Removal) for Personal Injuries by Chevron U.S.A., Inc.. (Anderson, Jennifer) |
| Filing 8 NOTICE OF IMPENDING REASSIGNMENT: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed by December 4, 2017. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (sju) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction and Brief in Support by Airswift Holdings Limited. (Attachments: #1 Affidavit Declaration) (Bonner, Richard) |
| Filing 6 Corporate Disclosure Statement by Chevron U.S.A., Inc. identifying Other Affiliate Chevron Corporation for Chevron U.S.A., Inc.. (Anderson, Jennifer) |
| Filing 5 First Amended ANSWER to Complaint (Notice of Removal) by Grand Isle Shipyard, Inc.. (Bunting, David) |
| Filing and Administrative Fees Received: $ 400 receipt number 1084-5483844 re #1 Notice of Removal,, (Payment made via Pay.gov)(Bonner, Richard) |
| Filing 4 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam) |
| Filing 3 NOTICE by Grand Isle Shipyard, Inc. of Consent to Notice of Removal (Bunting, David) |
| Filing 2 NOTICE by Chevron U.S.A., Inc. of Consent to Notice of Removal (Anderson, Jennifer) |
| Filing 1 NOTICE OF REMOVAL by Airswift Holdings Limited from First Judicial District Court, case number D-101-CV-2017-02531. ( Filing Fee - Online Payment), filed by Airswift Holdings Limited. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-Index of Matters Being Filed, #3 Exhibit B-Court's Docket Sheet, #4 Exhibit C-List of all counsel of record, #5 Exhibit D-All executed or pending process, #6 Exhibit Plaintiff's Original Complaint, #7 Exhibit F-Grand Isle Shipyard Original Answer)(Bonner, Richard) |
| U.S. Magistrate Judge Gregory J. Fouratt and U.S. Magistrate Judge Gregory B. Wormuth assigned. (iam) |
| Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (iam) |
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