Tabone v. Lowe's Home Centers, LLC et al
Plaintiff: Joseph C. Tabone
Defendant: Lowe's Companies, Inc. doing business as Lowe's, Lowe's Home Centers, LLC, The Party doing business as Lowe's of Allen #1199 Located at 1010 W. McDermott Dr., Allen, TX 75013 and Imperial Manufacturing Group USA Inc.
Case Number: 4:2021cv00843
Filed: October 20, 2021
Court: US District Court for the Eastern District of Texas
Presiding Judge: Amos L Mazzant
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2021 Filing 22 WAIVER OF SERVICE Returned Executed by Joseph C. Tabone. Imperial Manufacturing Group USA Inc. waiver sent on 11/18/2021, answer due 1/17/2022. (Horany, John)
December 8, 2021 Filing 21 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Appendix Appendix 1 - proposed Scheduling Order Deadlines)(Davis, Mary)
November 24, 2021 Filing 20 Original ANSWER to #17 Amended Complaint by Lowe's Home Centers, LLC.(Davis, Mary)
November 23, 2021 Opinion or Order Filing 19 ORDER granting #18 Motion to Substitute Party. Lowes Home Centers, LLC is hereby substituted in place of Lowe's Companies, Inc. and The Party. Lowe's Companies, Inc. and The Party terminated. Signed by District Judge Amos L. Mazzant, III on 11/23/2021. (rpc, )
November 19, 2021 Filing 18 Unopposed MOTION to Substitute Party Lowe's Home Centers, LLC by Joseph C. Tabone. (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiff's Unopposed Motion to Substitute Party)(Horany, John)
November 18, 2021 Filing 17 AMENDED COMPLAINT THIRD against All Defendants, filed by Joseph C. Tabone.(Horany, John)
November 18, 2021 Opinion or Order Filing 16 ORDER granting #15 Motion for Withdrawal of Counsel and Substitution of Counsel for Defendant Lowe's Companies, Inc. d/b/a Lowe's. IT IS, THEREFORE, ORDERED that Zach T. Mayer, Robin R. Gant, and Dwayne I. Lewis, II of MAYER LLP shall be allowed to withdraw as counsel of record and M. Leslie Davis of Hermes Law, P.C., shall be and is hereby substituted as counsel of record for Defendant Lowe's Companies, Inc. d/b/a Lowe's. Signed by District Judge Amos L. Mazzant, III on 11/18/2021. (mcg)
November 17, 2021 Filing 15 Unopposed MOTION to Substitute Attorney by Lowe's Companies, Inc.. (Attachments: #1 proposed Order Granting Unopposed Motion for Withdrawal of Counsel and Sub. of Counsel)(Davis, Mary)
November 5, 2021 Filing 14 AMENDED COMPLAINT PLAINTIFF'S SECOND AMENDED COMPLAINT against All Defendants, filed by Joseph C. Tabone. (Attachments: #1 Exhibit 10-25-19 Letter to Plaintiff from Defendant, #2 Exhibit 10-12-21 Letter to counsel advising tender)(Horany, John)
November 2, 2021 Opinion or Order Filing 13 ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 12/10/2021. Rule 16 Management Conference set for 1/4/2022 at 03:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 11/2/2021. (rpc, )
October 28, 2021 Filing 12 NOTICE by Joseph C. Tabone Service of Process on Party DBA Lowe's of Allen #1199 (Attachments: #1 Exhibit 1 - Return of Citation serving Becky Jeans, Mgr on Duty filed in underlying cause, #2 Exhibit 2 - Screenshot of Lowe's of Allen #1199)(Horany, John)
October 28, 2021 NOTICE of Deficiency regarding #11 Notice of Filing Additional Papers: INCORRECT DOCKET EVENT. Correction should be made by ONE BUSINESS DAY. (mcg)
October 27, 2021 Filing 11 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***AFFIDAVIT of Service for Citation Plaintiff's First Amended Petition served on Manager on duty Becky Jeans on October 20, 2021, filed by Joseph C. Tabone. (Attachments: #1 Exhibit No. 1 - return of service for Defendant the Party DBA Lowe's of Allen #1199, #2 Exhibit No. 2 - screenshot from Defendant Lowe's website for Lowes of Allen #1199)(Horany, John) Modified on 10/28/2021 (mcg, ).
October 27, 2021 Filing 10 NOTICE by Lowe's Companies, Inc. re #1 Notice of Removal, First Supplemental (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gant, Robin)
October 27, 2021 Filing 9 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***RESPONSE to #1 Notice of Removal, Supplement filed by Lowe's Companies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gant, Robin) Modified on 10/27/2021 (mcg, ).
October 27, 2021 NOTICE of Deficiency regarding #9 Supplemental Notice of Removal: INCORRECT DOCKET EVENT. Correction should be made by ONE BUSINESS DAY. (mcg)
October 26, 2021 Filing 8 NOTICE by Joseph C. Tabone NOTICE OF CALL FOR SUPPLEMENTATION OF NOTICE OF REMOVAL PURSUANT TO L.R. 81 (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2)(Horany, John)
October 26, 2021 Filing 7 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***NOTICE by Joseph C. Tabone Request for Supplementation per LR 81 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Horany, John) Modified on 10/26/2021 (mcg, ).
October 26, 2021 NOTICE of Deficiency regarding #7 Notice for Supplementation per LR 81: Document does not comply with Local Rules CV-10. Correction should be made by ONE BUSINESS DAY. (mcg)
October 21, 2021 Opinion or Order Filing 6 ORDER AND ADVISORY. Signed by District Judge Amos L. Mazzant, III on 10/21/2021. (mcg)
October 20, 2021 Filing 5 ***ORIGINALLY FILED IN STATE COURT*** ANSWER to #4 Complaint by Lowe's Companies, Inc. (mcg)
October 20, 2021 Filing 4 ***ORIGINALLY FILED IN STATE COURT*** PETITION against Lowe's Companies, Inc. (mcg)
October 20, 2021 Filing 3 NOTICE of Designation of Attorney in Charge to Robin Renee Gant on behalf of Lowe's Companies, Inc. d/b/a Lowe's (Gant, Robin)
October 20, 2021 Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Lowe's Companies, Inc. d/b/a Lowe's (Gant, Robin)
October 20, 2021 Filing 1 NOTICE OF REMOVAL by Lowe's Companies, Inc. d/b/a Lowe's from 471st Judicial District, case number 471-05189-2021. (Filing fee $ 402 receipt number 0540-8633007), filed by Lowe's Companies, Inc. d/b/a Lowe's. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gant, Robin)
October 20, 2021 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. (mcg)
October 20, 2021 Case Assigned to District Judge Amos L. Mazzant, III. (mcg)

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Plaintiff: Joseph C. Tabone
Represented By: John K Horany
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Defendant: Lowe's Companies, Inc. doing business as Lowe's
Represented By: Zach T Mayer
Represented By: Dwayne I. Lewis, II
Represented By: Robin Renee Gant
Represented By: Mary Leslie Davis
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Defendant: Lowe's Home Centers, LLC
Represented By: Mary Leslie Davis
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Defendant: The Party doing business as Lowe's of Allen #1199 Located at 1010 W. McDermott Dr., Allen, TX 75013
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Defendant: Imperial Manufacturing Group USA Inc.
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