Butera, et al., v. Life Time Fitness, Inc.
Plaintiff: Paul Butera and Carol Butera
Counter Claimant: Life Time Fitness, Inc.
Case Number: 4:2023cv00754
Filed: August 11, 2023
Court: US District Court for the Eastern District of Texas
Presiding Judge: Sean D Jordan
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2023 Opinion or Order Filing 10 ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Report due by 11/10/2023. Rule 16 Management Conference SET for 11/29/2023 at 11:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 10/06/2023. (jmb, )
October 4, 2023 Filing 9 First Amended ANSWER to #8 Amended Complaint , AMENDED COUNTERCLAIM against All Plaintiffs by Life Time Fitness, Inc..(Browning, John)
September 29, 2023 Filing 8 AMENDED COMPLAINT against Life Time Fitness, Inc., filed by Paul Butera, Carol Butera.(Button, Russell)
August 30, 2023 Opinion or Order Filing 7 ORDER AND ADVISORY. Signed by District Judge Sean D. Jordan on 08/30/2023. (jmb)
August 21, 2023 Case transferred in from Beaumont Division on 08/21/2023. Case Number 1:23-cv-304. (jmb)
August 21, 2023 Case assigned to District Judge Sean D. Jordan. (jmb)
August 21, 2023 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. (jmb)
August 18, 2023 Opinion or Order Filing 6 ORDER granting #5 Motion to Transfer Venue. This action is transferred to the Sherman Division of the US District Court for the Eastern District of TX. Signed by District Judge Michael J. Truncale on 8/18/23. (tkd, )
August 14, 2023 Filing 5 MOTION to Change Venue by Life Time Fitness, Inc.. (Attachments: #1 Proposed Order)(Browning, John) (Additional attachment(s) added on 8/15/2023: #2 Revised Proposed Order) (tkd, ).
August 14, 2023 ***The following attorney was contacted by email on 8/14/2023 regarding admission requirements for the Eastern District of TX: Hannah Conrardy for plaintiffs (tkd, )
August 14, 2023 Case assigned to District Judge Michael J. Truncale. (tkd, )
August 14, 2023 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. (tkd, )
August 11, 2023 Filing 4 ORIGINAL PETITION (filed in state court) against Life Time Fitness, Inc., filed by Paul Butera, Carol Butera.(tkd, )
August 11, 2023 DEMAND for Trial by Jury by Carol Butera, Paul Butera, Life Time Fitness, Inc. (tkd, )
August 11, 2023 Filing 3 ANSWER to Complaint , COUNTERCLAIM against Carol Butera, Paul Butera by Life Time Fitness, Inc. (Browning, John) Modified parties on 8/14/2023 (tkd, ).
August 11, 2023 Filing 2 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Life Time Fitness, Inc. (Browning, John)
August 11, 2023 Filing 1 NOTICE OF REMOVAL by Life Time Fitness, Inc. from 471st Judicial District Court, Collin County, Texas, case number 471-03633-2023., filed by Life Time Fitness, Inc (Fee paid $402 Receipt ATXEDC-9648358). (Attachments: #1 Exhibit 1 - Index of Matters Being Filed, #2 Exhibit 2 - List of All Known Counsel of Record, #3 Exhibit 3 - State Court Docket Sheet, #4 Exhibit 3-A - Plaintiffs' Original Petition and Jury Demand, #5 Exhibit 3-B - Affidavit of Service and Citation to Defendant, #6 Exhibit 3-C - Defendant's Notice of Notice of Removal filed in State Court, #7 Civil Cover Sheet Exhibit 4)(Browning, John) Modified to add payment receipt on 8/14/2023 (tkd, ).

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Plaintiff: Paul Butera
Represented By: Russell Titus Button
Represented By: Ashley Danielle Washington
Represented By: David Scott Snellings
Represented By: Rocio Esmeralda Gosewehr Hernandez
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Plaintiff: Carol Butera
Represented By: Ashley Danielle Washington
Represented By: Russell Titus Button
Represented By: David Scott Snellings
Represented By: Rocio Esmeralda Gosewehr Hernandez
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Counter claimant: Life Time Fitness, Inc.
Represented By: John Garrett Browning
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