Martinez Herrera v. General Motors LLC et al
| Ana Teresa Martinez Herrera |
| General Motors LLC, Kevin Whitaker Chevrolet, Inc., Manolo Ramiro Sanchez Maravilla, InsureMax Insurance Company and Davis Towing, LLC |
| 6:2024cv01129 |
| March 5, 2024 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Both |
Docket Report
This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.
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| Filing 46 TEXT ORDER granting #44 Consent Motion to Withdraw as Attorney. Attorney Joshua D Christian is terminated from representing Defendant Davis Towing LLC. Entered at the direction of the Honorable Timothy M Cain on 4/12/24.(kmca) |
| Filing 45 AFFIDAVIT of Manolo R. Sanchez re #40 MOTION to Dismiss by Manolo Ramiro Sanchez Maravilla. (O'Connell, James) (Main Document 45 replaced on 4/16/2024) (Additional attachment added on 4/16/2024: #1 Affidavit of Manolo R. Sanchez and Nina Sanchez). Modified on 4/16/2024: to add signed notice of filing as provided by filing user. (kmca). |
| Filing 44 MOTION to Withdraw as Attorney by Davis Towing, LLC. Response to Motion due by 4/25/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Christian, Joshua) (Main Document 44 replaced on 4/12/2024: to replace with corrected document (consultation) as provided by filing user) (kmca). |
| Filing 42 REPLY to Response to Motion re #26 MOTION to Remand Response filed by Ana Teresa Martinez Herrera. (Hawkins, Joshua) |
| Filing 40 MOTION to Dismiss by Manolo Ramiro Sanchez Maravilla. Response to Motion due by 4/22/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(O'Connell, James) (Main Document 40 replaced on 4/9/2024: to replace with corrected document (converted pdf) as provided by filing user) (kmca). Modified on 4/12/2024: See #45 Affidavit (kmca). |
| Filing 39 NOTICE of Appearance by James Patrick O'Connell on behalf of Manolo Ramiro Sanchez Maravilla (O'Connell, James) (Main Document 39 replaced on 4/9/2024: to replace with corrected document (converted pdf) as provided by filing user) (kmca). |
| Filing 38 RESPONSE in Opposition re #26 MOTION to Remand Response filed by General Motors LLC.Reply to Response to Motion due by 4/10/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kea, Jacob) |
| Filing 37 CONSENT TO REMOVAL FROM STATE COURT by Davis Towing, LLC. (Martineau, Elizabeth) |
| Filing 36 NOTICE of Appearance by Elizabeth A Martineau on behalf of Davis Towing, LLC (Martineau, Elizabeth) |
| Filing 34 REPLY by Davis Towing, LLC to Text Order 24 . (Christian, Joshua) Modified on 4/2/2024: to add link (kmca). (Main Document 34 replaced on 4/5/2024: to replace with corrected document as provided by filing user) (kmca). |
| Filing 32 Local Rule 26.01 Answers to Interrogatories by Davis Towing, LLC.(Christian, Joshua) |
| Filing 31 Local Rule 26.01 Answers to Interrogatories by InsureMax Insurance Company.(Thoensen, Joseph) |
| Filing 30 REPLY by General Motors LLC to 24 Order. (Eibling, Sarah) Modified on 3/28/2024: to edit text (kmca). |
| Filing 28 MOTION to Stay by Ana Teresa Martinez Herrera. Response to Motion due by 4/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Jedziniak, Ethan) |
| Filing 27 Local Rule 26.01 Answers to Interrogatories by Ana Teresa Martinez Herrera.(Hawkins, Joshua) (Main Document 27 replaced on 3/22/2024: to replace with corrected document (add H) as provided by filing user) (kmca). |
| Filing 26 MOTION to Remand by Ana Teresa Martinez Herrera. Response to Motion due by 4/3/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Affidavit of Non-Service on Manolo Ramiro Sanchez Maravilla, #2 Exhibit B - GM Notice of Appearance, #3 Exhibit C - Affidavit of Service GM, #4 Exhibit D - Emails 3.7.2024, #5 Exhibit E - Emails 3.12.2024)No proposed order.(Hawkins, Joshua) Modified on 3/21/2024 (kmca, ). (Attachments 1, 2, 3 replaced on 3/21/2024: to replace with corrected documents, as directed by 8 order, as provided by filing user) (kmca). |
| Filing 24 TEXT ORDER. Jurisdiction in this matter is predicated upon diversity of citizenship pursuant to 28 U.S.C. 1332. Within ten (10) days of the date of this order, Defendants General Motors LLC and Davis Towing LLC are to inform the court of the citizenship of all its members for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied. See 28 U.S.C. 1332; Gen. Tech. Applications, Inc. v. Exro Ltda, 388 F. 3d 114, 121 (4th Cir. 2004) (holding that "[a limited liability company] is an unincorporated association, akin to a partnership for diversity purposes, whose citizenship is that of its members."); see also Local Rule 26.01(H) (D.S.C.). Entered at the direction of the Honorable Timothy M Cain on 3/20/24. (Reply due by 4/1/2024.)(kmca) |
| Filing 29 DELETION OF DOCKET ENTRY NUMBER #21 Acceptance of Service. Reason: re-filed by attorney to correct event. Corrected Filing Document Number #25 Summons Returned Executed. Modified filing date to that of original filing: 3/19/24. (kmca) |
| Filing 25 SUMMONS Returned Executed by Ana Teresa Martinez Herrera. Davis Towing LLC served 3/19/24, answer due 4/9/24. (Attachments: #1 Exhibit Acceptance of Service by Davis Towing LLC)(Hawkins, Joshua) Modified on 3/21/2024: to add text (service and answer dates); to correct date filed.(kmca). |
| Filing 20 Local Rule 26.01 Answers to Interrogatories by Kevin Whitaker Chevrolet, Inc..(Eibling, Sarah) |
| Filing 23 DELETION OF DOCKET ENTRY NUMBER #19 Certificate of Service. Reason: re-filed by attorney to correct document and event and add signature. Corrected Filing Document Number #22 Summons Returned Executed. Modified filing date to that of original filing: 3/18/24. (kmca) |
| Filing 22 SUMMONS Returned Executed by Ana Teresa Martinez Herrera. Manolo Ramiro Sanchez Maravilla served on 3/16/2024, answer due 4/8/2024. (Hawkins, Joshua) Modified on 3/20/2024: to correct date filed. (Main Document 22 replaced on 3/20/2024 and additional attachment added on 3/20/2024: #1 Affidavit of Service). Modified on 3/20/2024: to replace main document with converted pdf as provided by filing user (kmca). |
| Filing 18 Amended MOTION to Dismiss Under FRCP 12(b)4, 12(b)5, and 12(b)6 by Davis Towing, LLC. Response to Motion due by 4/1/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Ex.1 Affidavit of Service of Davis Towing, LLC) No proposed order.(Christian, Joshua) (Main Document 18 replaced on 3/19/2024: to replace with corrected document (caption) as provided by filing user). (Attachment 1 replaced and additional attachment(s) added on 3/19/2024: #2 Ex. 2 South Carolina Secretary of State Business Listing, #3 Ex. 3 Affidavit of William Keith Davis, #4 Ex.4 Cole Vision Corp. v. Hobbs case law) Modified on 3/19/2024: to file each exhibit as a separate exhibit and add each exhibits' description, as provided by filing user.(kmca). |
| Filing 17 NOTICE of Appearance by Joshua D Christian on behalf of Davis Towing, LLC (Christian, Joshua) (Main Document 17 replaced on 3/19/2024: to replace with corrected document (caption) as provided by filing user) (kmca). |
| Filing 16 CONSENT TO REMOVAL FROM STATE COURT by Kevin Whitaker Chevrolet, Inc.. (Attachments: #1 Affidavit Declaration of Kevin Whitaker)(Eibling, Sarah) |
| Filing 15 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Greenville County. (Attachments: #1 Exhibit A) State Court Acknowledgement)(Eibling, Sarah) |
| Filing 14 MOTION to Strike Portions of the Complaint by General Motors LLC, Kevin Whitaker Chevrolet, Inc.. Response to Motion due by 3/27/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Eibling, Sarah) Modified on 3/13/2024: to remove Kevin Whitaker Chevrolet, Inc. as filer as verified by filing user (kmca). |
| Filing 13 Local Rule 26.01 Answers to Interrogatories by General Motors LLC, Kevin Whitaker Chevrolet, Inc.(Eibling, Sarah) Modified on 3/13/2024: to remove Kevin Whitaker Chevrolet, Inc. as filer as verified by filing user (kmca). |
| Filing 12 NOTICE OF REMOVAL Ana Teresa Martinez Herrera vs General Motors LLC Court Name: State of South Carolina, Greenville County Court of Common Pleas ( Filing fee $ 405 receipt number ASCDC-11645321). (Attachments: #1 State Court Documents Ex A) State Court Docs, #2 Exhibit Ex B) Register of Actions, #3 Exhibit Ex C) Non Service, #4 Exhibit Ex D) Service, #5 Exhibit Ex E) FOIA Response, #6 Exhibit EX F) Response Letter, #7 Exhibit EX G) Bill of Sale)Eibling, Sarah) Modified on 3/13/2024: to unseal entry. This event automatically seals when filed (kmca). |
| Filing 11 CONSENT TO REMOVAL FROM STATE COURT by InsureMax Insurance Company. (Thoensen, Joseph) (Main Document 11 replaced on 3/11/2024: to replace with corrected document, as directed by 8 order, as provided by filing user) (kmca). |
| Filing 10 NOTICE of Appearance by Joseph E Thoensen on behalf of InsureMax Insurance Company (Thoensen, Joseph) (Main Document 10 replaced on 3/11/2024: to replace with corrected document, as directed by 8 order, as provided by filing user) (kmca). |
| Filing 8 TEXT ORDER: Plaintiff Ana Teresa Martinez Herrera filed a complaint on her behalf and as guardian of her minor daughters in state court. (ECF No. #1 -1). On March 5, 2024, Defendant General Motors removed the case to federal court. (ECF No. #1 ). The court directs the Clerk's Office to amend the caption to reference only the minors' initials and to seal the Notice of Removal and accompanying documents at ECF No. #1 . Additionally, the court orders Defendant General Motors to file a redacted version of the Notice of Removal and accompanying documents to be accessible to the public that is consistent with Rule 5.2 of the Federal Rules of Civil Procedure. The court cautions that this order permits and requires redaction of only that information that would have been required to be redacted had this action been originally filed in this court. The court finds this order strikes an appropriate balance of the interests involved, including the public's right to access court documents and the interests sought to be protected by Rule 5.2. The court further orders that all filings in this case shall comply with the privacy protections set forth in Rule 5.2 and all other applicable authority. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 3/11/24. (kmca) Modified on 3/11/2024: to edit text (public's) (kmca). |
| Filing 6 MOTION to Strike Portions of the Complaint by General Motors LLC. Response to Motion due by 3/20/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Eibling, Sarah) Modified on 3/7/2024: to add text (portions) (kmca). Modified on 3/13/2024: See #14 Redacted Motion (kmca). |
| Filing 5 CLERK'S NOTICE: Plaintiff's Local Rule 26.01 Interrogatories (including section H) are due fourteen (14) days after removal. (jens) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by General Motors LLC, Kevin Whitaker Chevrolet, Inc.(jens) |
| Filing 1 NOTICE OF REMOVAL from Greenville County Court of Common Pleas, case number 2024-CP-23-00001. (Filing fee $ 405 receipt number ASCDC-11629733), filed by Kevin Whitaker Chevrolet, Inc., General Motors LLC. (Attachments: #1 Exhibit A-1 - state court documents, #2 Exhibit B- Register of Actions, #3 Exhibit C- Non Service, #4 Exhibit D- Notice of Serivce, #5 Exhibit E- FOIA Response, #6 Exhibit F- Response Letter)(jens) |
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