Martin Marietta Materials, Inc. v. New York Air Brake, LLC
| Martin Marietta Materials, Inc. |
| New York Air Brake, LLC |
| 1:2022cv00128 |
| March 29, 2022 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.
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| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (kcv, ) |
| Filing 21 ANSWER to #15 Amended Complaint by New York Air Brake, LLC.(Delgadillo, Esteban) |
Filing 20
ORDER directing the parties to conduct a Rule 26(f) Attorney Conference by April 29, 2022. Rule 16 Case Management/Scheduling Conference set for 6/6/2022 at 03:00 PM in Room 221 before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 5/16/22. (kcv, )
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| Filing 19 STATUS REPORT by Martin Marietta Materials, Inc.. (Attachments: #1 Appendix 1)(Crosby, Patrick) (Additional attachment(s) added on 5/24/2022: #2 Text of Proposed Order) (kcv, ). |
| Filing 18 NOTICE of Attorney Appearance - Pro Hac Vice by David M Ferrara on behalf of New York Air Brake, LLC. Filing fee $ 100, receipt number 0540-8910949. (Ferrara, David) |
| Filing 17 NOTICE of Discovery Disclosure by Martin Marietta Materials, Inc. Certificate of Service of Plaintiff's Initial Disclosures (Madden, Brian) |
| Filing 16 NOTICE of Attorney Appearance - Pro Hac Vice by James P Wright, Jr on behalf of New York Air Brake, LLC. Filing fee $ 100, receipt number 0540-8898968. (Wright, James) |
| Filing 15 AMENDED COMPLAINT against New York Air Brake, LLC, filed by Martin Marietta Materials, Inc..(Madden, Brian) |
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Filing 14
ORDERED that the Parties' Agreed Motion to withdraw defendant's FRCP 12(b)(2) motion to dismiss [dkt 10] is hereby granted. The Clerk of Court instructed to note the withdrawal of Defendant's motion [dkt.10] in the record of this matter. Signed by District Judge Michael J. Truncale on 4/22/2022. (bjc, )
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Filing 13
ORDER granting #11 Motion for Leave to File amended pleadings. Ordered that Plaintiff's deadline to file an amended complaint is May 4, 2022. Ordered that Defendant will file its responsive pleading to Plaintiff's amended complaint by May 18, 2022. Signed by District Judge Michael J. Truncale on 4/22/2022. (bjc, )
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Filing 12
ORDER granting #9 Motion to Vacate default judgment. Ordered that the default judgment rendered in the state court action Martin Marietta Materials Inc v. New York Air Brake LLC, No. B-0208229 (60th Dist Ct Jefferson Cnty TX Feb 28, 2022) is hereby vacated. Signed by District Judge Michael J. Truncale on 4/22/2022. (bjc, )
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| Filing 11 Agreed MOTION for Leave to File Amended Pleadings by New York Air Brake, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Proposed Order Granting Agreed Motion for Leave)(Delgadillo, Esteban) |
| Filing 10 Agreed MOTION to Withdraw #4 First MOTION to Dismiss 12(b)(2) by New York Air Brake, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Proposed Order Granting Agreed Motion to Withdraw)(Delgadillo, Esteban) |
| Filing 9 Agreed MOTION to Vacate Default Judgment by New York Air Brake, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Proposed Order Granting Motion to Vacate)(Delgadillo, Esteban) |
| ***FILED IN ERROR. Document # 8, Agreed MOTION to Vacate Default Judgment, MOTION for Leave to File an Amended Petition and Responsive Pleadings and NOTICE of Withdrawal is a multi-part document which this court does not accept. Counsel has been notified to correct and refile multiple motions. PLEASE IGNORE.*** (kcv, ) |
| Filing 8 ***FILED IN ERROR. Please ignore.*** Agreed MOTION to Vacate Default Judgment, MOTION for Leave to File an Amended Petition and Responsive Pleadings and NOTICE of Withdrawal of #4 First MOTION to Dismiss 12(b)(2) by New York Air Brake, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Proposed Order Granting Motion to Vacate)(Delgadillo, Esteban). Added MOTION for Leave to File on 4/20/2022 (kcv, ). Modified on 4/20/2022 (kcv, ). |
| Filing 7 NOTICE of Attorney Appearance by Patrick Conar Crosby on behalf of Martin Marietta Materials, Inc. (Crosby, Patrick) |
| Filing 6 NOTICE of Attorney Appearance by Greg M Dykeman on behalf of All Plaintiffs (Dykeman, Greg) |
| Filing 5 NOTICE of Attorney Appearance - Pro Hac Vice by Brian J Madden on behalf of Martin Marietta Materials, Inc.. Filing fee $ 100, receipt number 0540-8862962. (Madden, Brian) |
| Filing 4 First MOTION to Dismiss 12(b)(2) by New York Air Brake, LLC. (Attachments: #1 Exhibit 1)(Delgadillo, Esteban) (Additional attachment(s) added on 4/6/2022: #2 Text of Proposed Order) (kcv, ). ***WITHDRAWN PER ORDER OF MJT ON 4/22/2022.*** |
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Filing 3
ORDER directing the parties to conduct a Rule 26(f) Attorney Conference by April 29, 2022. Rule 16 Case Management/Scheduling Conference set for 5/19/2022 at 10:30 AM in Room 221 before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 3/30/22. (kcv, )
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| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (kcv, ) |
| Attorneys Sikes, Madden and O'Hara were contacted via email regarding admission requirements to The Eastern District of Texas. (kcv, ) |
| Filing 2 ORIGINAL PETITION filed in State Court and included in the Notice of Removal against New York Air Brake, LLC, filed by Martin Marietta Materials, Inc.(kcv, ) |
| Case Assigned to District Judge Michael J. Truncale. (kcv, ) |
| DEMAND for Trial by Jury. (kcv, ) |
| Filing 1 NOTICE OF REMOVAL by New York Air Brake, LLC Defendant from 60th Judicial, case number B-0208229. (Filing fee $ 402 receipt number 0540-8852813), filed by New York Air Brake, LLC. (Attachments: #1 Exhibit A)(Delgadillo, Esteban) (Additional attachment(s) added on 3/30/2022: #2 Revised Civil Cover Sheet) (kcv, ). |
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