Avila v. Alcala et al (TV1)
Plaintiff: Eulogio Aguilar Avila
Defendant: Nicholas Alcala, Saul A. Carrera and Alcala Bros Logistics, LLC
Case Number: 2:2023cv00057
Filed: May 31, 2023
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Thomas A Varlan
Referring Judge: Cynthia R Wyrick
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Motor Vehicle Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2023 Opinion or Order Filing 13 ORDER granting #10 Motion to Substitute Attorney. Given that Defendant will continue to have counsel in this matter, the Motion is GRANTED. Mr. Culbertson is hereby removed as counsel of record and shall have no further obligation in this matter, and attorney Olen G. Haynes, Sr. is added as counsel of record. Signed by Magistrate Judge Cynthia R Wyrick on 7/13/2023. (LCK)
July 10, 2023 Filing 12 NOTICE of Appearance by Olen G Haynes on behalf of Eulogio Aguilar Avila, Eulogio Aguilar Avila (Haynes, Olen)
July 10, 2023 Opinion or Order Filing 11 ORDER REFERRING MOTION: #10 MOTION to Substitute Attorney filed by Eulogio Aguilar Avila. Signed by District Judge Thomas A Varlan on 7/10/23. (JBR)
July 10, 2023 Filing 10 MOTION to Substitute Attorney by Eulogio Aguilar Avila. (Culbertson, R)
June 27, 2023 Opinion or Order Filing 9 Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 6/27/2023. (LCK)
June 27, 2023 Opinion or Order Filing 8 Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 6/27/2023. (LCK)
June 27, 2023 Opinion or Order Filing 7 Order Governing Depositions. Signed by District Judge Thomas A Varlan on 6/27/2023. (LCK)
June 27, 2023 Opinion or Order Filing 6 ORDER: Pursuant to E.D. Tenn. Local Rule 3.2(d)(3), this matter has been referred to the undersigned to determine whether the above-captioned case is related to Hernandez, et al. v. Nicholas Alcala, et al., No. 2:23-CV-56 (E.D. Tenn. 2023) and should be assigned to the District Judge assigned to that matter. The Court finds that the two cases are related as defined in Local Rule 3.2(d)(3)(A) because they "arise out of the same transaction or occurrence" and both cases involve some of the same parties; therefore, the application of the related case rule is justified. As such, the above captioned case should be assigned to the same United States District Judge handling the related case.Signed by Magistrate Judge Cynthia R Wyrick on 6/27/2023. (LCK)
June 27, 2023 District Judge Thomas A Varlan and Magistrate Judge Cynthia R Wyrick added. (LCK)
June 8, 2023 Filing 5 ANSWER to Complaint by Nicholas Alcala.(Wyatt, Carl)
June 1, 2023 Filing 4 Certificate of Citizenship by Nicholas Alcala. (Wyatt, Carl)
June 1, 2023 Filing 3 NOTICE of Appearance by Carl Knoerr Wyatt, Jr on behalf of Nicholas Alcala (Wyatt, Carl)
June 1, 2023 Filing 2 NOTICE of Deficiency (PDF) re #1 Notice of Removal. (CAT)
June 1, 2023 Case has been referred to Magistrate Judge Wyrick for a related case determination. (CAT)
June 1, 2023 NOTICE OF FAILURE TO FILE Certificate of Citizenship in a diversity case as required by FRCP 7.1 by Nicholas Alcala. (CAT)
May 31, 2023 Filing 1 NOTICE OF REMOVAL from Circuit Court of Sullivan County, case number C3858. (Filing fee $ 402 receipt number ATNEDC-5383938), filed by Nicholas Alcala. (Attachments: #1 Exhibit Ex A - State Court Complaint, #2 Other Civil Cover Sheet)(Wyatt, Carl) (Attachment 2 replaced on 5/31/2023) (CAT). Modified to reflect Civil Cover Sheet replaced due to being filed in fillable format on 5/31/2023 (CAT).

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Plaintiff: Eulogio Aguilar Avila
Represented By: R Wayne Culbertson
Represented By: Olen G Haynes
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Defendant: Nicholas Alcala
Represented By: Carl Knoerr Wyatt, Jr
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Defendant: Saul A. Carrera
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Defendant: Alcala Bros Logistics, LLC
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