Tulsa Fruit Company v. Almanza et al
Tulsa Fruit Company |
Carlos Almanza, Paisa Produce L.L.C, Mex Flores Produce Company, Inc. and Refugio Almanza |
4:2019cv00458 |
August 20, 2019 |
US District Court for the Northern District of Oklahoma |
Gregory K Frizzell |
Jodi F Jayne |
Other Fraud |
28 U.S.C. § 1331 |
Defendant |
Docket Report
This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
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Filing 53 PROTECTIVE ORDER by Magistrate Judge Jodi F Jayne (Re: #52 Minutes of Motion Hearing,, Striking/Terminating Deadline(s)/Hearing(s),, Ruling on Motion for Protective Order, ) (kah, Chambers) |
Filing 52 MINUTES of Proceedings - held before Magistrate Judge Jodi F Jayne: Motion Hearing held on 10/15/2019 ; striking/terminating deadline(s)/Hearing(s); granting #25 Motion for Protective Order (Re: #25 MOTION for Protective Order and Brief ) (Court Reporter: C1) (tjc, Dpty Clk) |
Filing 51 MINUTE ORDER by Magistrate Judge Jodi F Jayne A Telephone Hearing is scheduled for 10/15/19 at 4:30 p.m. Counsel has already been provided with a call-in number, setting/resetting deadline(s)/hearing(s): ( Motion Hearing set for 10/15/2019 at 04:30 PM before Magistrate Judge Jodi F Jayne) (Re: #25 MOTION for Protective Order and Brief ) (This entry is the Official Order of the Court. No document is attached.) (tjc, Dpty Clk) |
Filing 50 MINUTES of Proceedings - held before Magistrate Judge Jodi F Jayne: Motion Hearing held on 10/15/2019 , striking/terminating deadline(s)/Hearing(s), taking motion(s) under advisement (Re: #25 MOTION for Protective Order and Brief ) (Court Reporter: C1) (tjc, Dpty Clk) |
Filing 49 REPLY to Response to Motion (Re: #25 MOTION for Protective Order and Brief ) by Tulsa Fruit Company ; (With attachments) (Balman, Steven) |
Filing 48 Second AMENDED COMPLAINT against All Defendants (Re: State Court Petition/Complaint ) by Tulsa Fruit Company (Balman, Steven) |
Filing 47 MINUTE ORDER by Judge Gregory K Frizzell Defendant Mex Flores Produce Company's Motion to Dismiss the Amended Petition is denied, as the defendant previously filed an Answer in state court to the Amended Petition. The defendant may raise its arguments in response to plaintiff's expected Second Amended Complaint ; denying #29 Motion to Dismiss for Failure to State a Claim (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge) |
Filing 46 MINUTE ORDER by Judge Gregory K Frizzell Plaintiff's Unopposed Motion to File Amended Complaint is granted. Plaintiff is directed to file the Second Amended Complaint on this date ; granting #44 Motion for Leave to File Document(s) (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge) |
Filing 45 MINUTE ORDER by Judge Gregory K Frizzell The motion to dismiss is denied, as defendant previously filed an answer, and plaintiff wishes to file an Amended Complaint, to which defendant may properly interpose a motion to dismiss ; denying #28 Motion to Dismiss for Failure to State a Claim (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge) |
Filing 44 MOTION for Leave to File Amended Complaint (Re: #42 Order,,, Setting/Resetting Deadline(s)/Hearing(s),, ) by Tulsa Fruit Company (With attachments) (Balman, Steven) |
Filing 43 MINUTE ORDER by Judge Gregory K Frizzell ; finding as moot #32 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) |
Filing 42 ORDER by Judge Gregory K Frizzell , setting/resetting deadline(s)/hearing(s): (Motion for Preliminary Injunction due by 11/6/2019; Responses due by 11/15/2019; Replies due by 11/20/2019); As to Motion for Contempt ( Responses due by 10/30/2019, Replies due by 11/13/2019, Motion Hearing set for 11/26/2019 at 09:30 AM before Judge Gregory K Frizzell, Motion Hearing set for 11/27/2019 at 09:30 AM before Judge Gregory K Frizzell) (Re: #41 First MOTION for Contempt Citation (Filed in State Court) ) (kjp, Dpty Clk) |
Filing 40 MINUTE ORDER by Magistrate Judge Jodi F Jayne Plaintiff's Motion for Protective Order (ECF No. 25) is set for a telephone conference at 9:00 am on Tuesday, October 15, 2019. Counsel for Plaintiff is directed to arrange the conference call and contact the Courtroom Deputy at stephanie_cope@oknd.uscourts.gov and all counsel of the conference number, setting/resetting deadline(s)/hearing(s): ( Motion Hearing set for 10/15/2019 at 09:00 AM before Magistrate Judge Jodi F Jayne) (This entry is the Official Order of the Court. No document is attached.) (sdc, Dpty Clk) |
Filing 39 NOTICE of Supplement to Record by Carlos Almanza, Refugio Almanza, Mex Flores Produce Company, Inc., Paisa Produce L.L.C (With attachments)(Re #2 NOTICE of Removal from District Court of Rogers County, Oklahoma, case number CJ-2019-318) (Calvillo, David) Modified on 10/9/2019 to add link to Notice of Removal (Doc. 2) (kjp, Dpty Clk). |
Filing 38 RESPONSE in Opposition to Motion for Protective Order and Alternative Motion for Entry of Standard Stipulated Protective Order (Re: #25 MOTION for Protective Order and Brief ) by Carlos Almanza, Refugio Almanza, Mex Flores Produce Company, Inc., Paisa Produce L.L.C ; (With attachments) (Calvillo, David) |
Filing 37 RESPONSE in Opposition to Motion to Dismiss (Re: #28 MOTION to Dismiss for Failure to State a Claim , #29 MOTION to Dismiss for Failure to State a Claim ) by Tulsa Fruit Company ; (Balman, Steven) |
Filing 36 MINUTE ORDER by Judge Gregory K Frizzell ; granting #35 Motion to Supplement (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers) |
Filing 35 Unopposed MOTION to Supplement Record (Re: #2 Notice of Removal ) by Tulsa Fruit Company (With attachments) (Balman, Steven) |
Filing 34 Joint REPORT and Proposed Schedule by Tulsa Fruit Company (Balman, Steven) |
Filing 33 Joint STATUS REPORT by Tulsa Fruit Company (Balman, Steven) |
Filing 32 MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: #16 Order,, Setting/Resetting Deadline(s)/Hearing(s),, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s), ) by Tulsa Fruit Company (Balman, Steven) |
Filing 31 ANSWER (Re: 30 Counterclaim ) by Tulsa Fruit Company (Balman, Steven) |
Filing 29 MOTION to Dismiss for Failure to State a Claim by Mex Flores Produce Company, Inc. (Calvillo, David) |
NOTICE of Docket Entry Modification; Error: this document contains two events and that cannot be properly processed in CM/ECF; Correction: efiled Counterclaim - see 30 (Re: #18 Answer, ) (sac, Dpty Clk) |
Filing 28 MOTION to Dismiss for Failure to State a Claim by Carlos Almanza, Refugio Almanza (Wright, Wilfred) |
Filing 27 ATTORNEY APPEARANCE by Jonathan Everett Shook on behalf of Tulsa Fruit Company [Note: Attorney Jonathan Everett Shook added to party Tulsa Fruit Company(pty:pla).] (Shook, Jonathan) |
Filing 26 ATTORNEY APPEARANCE by Adam Todd Laster on behalf of Tulsa Fruit Company (Laster, Adam) |
Filing 25 MOTION for Protective Order and Brief by Tulsa Fruit Company (With attachments) (Balman, Steven) |
Filing 24 CORPORATE DISCLOSURE STATEMENT by Paisa Produce L.L.C (Calvillo, David) |
Filing 23 ATTORNEY APPEARANCE by David N Calvillo on behalf of Paisa Produce L.L.C [Note: Attorney David N Calvillo added to party Paisa Produce L.L.C(pty:dft).] (Calvillo, David) |
Filing 22 ATTORNEY APPEARANCE by Wilfred K Wright, Jr on behalf of Mex Flores Produce Company, Inc. [Note: Attorney Wilfred K Wright, Jr added to party Mex Flores Produce Company, Inc.(pty:dft).] (Wright, Wilfred) |
Filing 21 MINUTE ORDER by Court Clerk , directing Paisa Produce L.L.C to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (sc, Dpty Clk) |
Filing 20 ORDER by Judge Gregory K Frizzell , directing parties to file joint status report ( Status Report due by 9/30/2019) (kjp, Dpty Clk) |
Filing 30 COUNTERCLAIM with Jury Demand against Tulsa Fruit Company by Carlos Almanza, Refugio Almanza (submitted as part of #18 ) [Note: Attorney Will Wright added to party Carlos Almanza(pty:dft).] (sac, Dpty Clk) |
Filing 19 ANSWER with Jury Demand (Re: State Court Petition/Complaint ) by Paisa Produce L.L.C (Wright, Wilfred) |
Filing 18 ANSWER with Jury Demand (Re: State Court Petition/Complaint ) by Carlos Almanza, Refugio Almanza (Wright, Wilfred) Modified on 9/18/2019; this document contains two events which requires two entries so that it may be properly processed (sac, Dpty Clk). |
Filing 17 ATTORNEY APPEARANCE by Wilfred K Wright, Jr on behalf of Paisa Produce L.L.C [Note: Attorney Wilfred K Wright, Jr added to party Paisa Produce L.L.C(pty:dft).] (Wright, Wilfred) |
Filing 16 ORDER by Judge Gregory K Frizzell striking hearing set on 8/28/2019 ; setting/resetting deadline(s)/hearing(s): (Motion due by 9/27/2019), ( Responses due by 10/4/2019, Replies due by 10/9/2019, Motion Hearing set for 10/11/2019 at 09:30 AM before Judge Gregory K Frizzell); granting #15 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (kjp, Dpty Clk) |
Filing 15 Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: 13 Minute Order,,, Setting/Resetting Deadline(s)/Hearing(s),, ) by Tulsa Fruit Company (Balman, Steven) |
Filing 14 CORPORATE DISCLOSURE STATEMENT by Mex Flores Produce Company, Inc. (Calvillo, David) |
Filing 13 MINUTE ORDER by Judge Gregory K Frizzell Hearing set Wednesday, August 28, 2019, at 11:00 a.m. on request to extend agreed Temporary Restraining Order; and status / scheduling conference on Plaintiff's Request for Hearing on Contempt of Court and Plaintiff's Request for Preliminary Injunction. Out-of-State counsel may appear telephonically., setting/resetting deadline(s)/hearing(s): ( Miscellaneous Hearing set for 8/28/2019 at 11:00 AM before Judge Gregory K Frizzell) (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) |
Filing 12 MOTION for Hearing (Re: #2 Notice of Removal, #3 Status Report on Removed Action ) by Tulsa Fruit Company (With attachments) (Balman, Steven) |
Filing 11 CORPORATE DISCLOSURE STATEMENT by Tulsa Fruit Company (Balman, Steven) |
Filing 10 ATTORNEY APPEARANCE by Steven Kent Balman on behalf of Tulsa Fruit Company (Balman, Steven) |
Filing 9 ATTORNEY APPEARANCE by Wilfred K Wright, Jr on behalf of Carlos Almanza, Refugio Almanza [Note: Attorney Wilfred K Wright, Jr added to party Carlos Almanza(pty:dft), Attorney Wilfred K Wright, Jr added to party Refugio Almanza (pty:dft).] (Wright, Wilfred) |
Filing 8 MINUTE ORDER by Court Clerk , directing Tulsa Fruit Company to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (dlg, Dpty Clk) |
NOTICE of Docket Entry Modification; Error: Did not include request as to attorney Keith Livesay; Correction: Granting in part motion for admission pro hac vice for attorneys David N Calvillo, David M Medina, and Reagan H Gibbs. As to Keith Livesay, no fee was paid and a Request for Admission Pro Hac Vice was not attached to the motion. (Re: 7 Minute Order,,, Adding/Terminating Attorney(s),,, Ruling on Motion for Admission Pro Hac Vice,, ) (kjp, Dpty Clk) |
Filing 7 MINUTE ORDER by Judge Gregory K Frizzell granting in part motion for admission pro hac vice for attorneys David N Calvillo, David M Medina, and Reagan H Gibbs. As to Keith Livesay, no fee was paid and a Request for Admission Pro Hac Vice was not attached to the motion. ; adding attorney David M Medina,Reagan H Gibbs for Mex Flores Produce Company, Inc. ; granting in part #4 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) Modified on 8/22/2019 to add text granting motion in part (kjp, Dpty Clk). |
Filing 6 LETTER re: Local Counsel Requirement sent to David Calvillo (dlg, Dpty Clk) |
Filing 5 MINUTE ORDER by Court Clerk , directing Mex Flores Produce Company, Inc. to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (dlg, Dpty Clk) |
Filing 4 MOTION for Attorney(s) David N. Calvillo, David M. Medina, Reagan H. "Tres" Gibbs, III to be Admitted Pro Hac Vice (paid $150 PHV fee; receipt number AOKNDC-2098286) by Mex Flores Produce Company, Inc. (With attachments) (Calvillo, David) |
Filing 3 STATUS REPORT on Removed Action by Mex Flores Produce Company, Inc. (Calvillo, David) |
Filing 2 NOTICE of Removal from District Court of Rogers County, Oklahoma, case number CJ-2019-318 (paid $400 filing fee; receipt number AOKNDC-2098235) by Mex Flores Produce Company, Inc. (With attachments) (Calvillo, David) |
Filing 1 CIVIL COVER SHEET by Mex Flores Produce Company, Inc. (Calvillo, David) |
Filing 41 First MOTION for Contempt Citation (Filed in State Court) by Tulsa Fruit Company (kjp, Dpty Clk) |
Amended PETITION/COMPLAINT filed in State Court against All Defendants by Tulsa Fruit Company (dlg, Dpty Clk) |
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