Gogu v. Coastal Transport Moving and Storage LLC et al
| Swetha Gogu |
| Coastal Transport Moving and Storage LLC and Best for You Moving LLC |
| 4:2023cv00848 |
| September 25, 2023 |
| US District Court for the Eastern District of Texas |
| Aileen Goldman Durrett |
| Sean D Jordan |
| Other Statutory Actions |
| 28 U.S.C. § 1337 Sherman-Clayton Act |
| Plaintiff |
Docket Report
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Filing 23
REFERRAL ORDER. Pursuant to 28 U.S.C. 636 and Local Rule CV-72, the undersigned hereby REFERS the cases set forth below to U. S. Magistrate Judge Aileen Goldman Durrett for all pretrial proceedings. Signed by District Judge Sean D. Jordan on 11/1/2023. (baf, )
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| Filing 22 Case transferred in from District of Texas Northern; Case Number 3:23-cv-00143. Original file certified copy of transfer order and docket sheet received. |
| Case ASSIGNED to District Judge Sean D. Jordan. (baf, ) |
| 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. (baf, ) |
| LOCAL RULE CV-7(a)(j) Re-urged Motions in Transferred/Removed Cases. Except in prisoner cases, any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. See Local Rule CV-81(d). (baf, ) |
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Filing 21
ELECTRONIC ORDER: Plaintiff filed her original complaint in this action on January 19, 2023, and properly effectuated service of process on Defendants. When neither Defendant appeared, the clerk entered a default at Plaintiff's request. Doc. #13 . Plaintiff then moved for a default judgment, and the Court convened an evidentiary hearing during which an issue relating to venue arose. Plaintiff's counsel has since informed the Court that venue is proper in Denton County, which is located in the Eastern District of Texas. Doc. #20 .When venue is not proper, a district court has the authority to dismiss the case or transfer it in the interest of justice to any district or division in which the action could have been brought. See 28 U.S.C. 1406(a). Here, the Court concludes that it is in the interest of justice to transfer this case to the Eastern District of Texas, Sherman Division, where Defendant Coastal Transport is located. Accordingly, the Clerk of Court is DIRECTED to transfer this case to the Sherman Division of the Eastern District of Texas for all further proceedings. (Ordered by Magistrate Judge Renee Harris Toliver on 9/22/2023) (chmb) [Transferred from Texas Northern on 9/25/2023.]
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| Filing 20 Brief/Memorandum in Support filed by Swetha Gogu re 19 Order,,,, (Campbell, Sharon) [Transferred from Texas Northern on 9/25/2023.] |
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Filing 19
ELECTRONIC ORDER: On September 5, 2023, an evidentiary hearing was held before the undersigned on Plaintiff's Request for Default Judgement, Doc. #14 . During the presentation of evidence, it came to the attention of the Court that venue may be improperly laid in this district. Accordingly, as directed on the record at the hearing:Plaintiff is ORDERED to show cause by September 19, 2023, why this case should not be dismissed or, alternatively, transferred to a district where venue is proper. See 28 U.S.C. 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."); see also Lewis v. Lynn, 236 F.3d 766, 767 (5th Cir. 2001) (per curiam) ("a party is not entitled to a default judgment as a matter of right, even where the defendant is technically in default...."). (Ordered by Magistrate Judge Rene Harris Toliver on 9/7/2023) (Magistrate Judge Rene Harris Toliver) [Transferred from Texas Northern on 9/25/2023.]
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| Filing 18 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Renee Harris Toliver: Motion Hearing held on 9/5/2023 re #14 Motion for Default Judgment, filed by Swetha Gogu. Attorney Appearances: Plaintiff - Sharon Campbell; Defense - NA. (Court Reporter: Todd Anderson) (Plaintiffs Exhibits Admitted) Time in Court - :45. (mcrd) Modified on 9/7/2023 (mcrd). [Transferred from Texas Northern on 9/25/2023.] |
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Filing 17
ELECTRONIC ORDER: Motion for Default Judgment Hearing via Video Teleconference set for 9/5/2023 01:00 PM before Magistrate Judge Renee Harris Toliver. (Ordered by Magistrate Judge Renee Harris Toliver on 8/16/2023) (mcrd) Modified on 9/5/2023 (mcrd). [Transferred from Texas Northern on 9/25/2023.]
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Filing 16
ELECTRONIC ORDER: In light of the order reassigning this case to this Court and the pending Motion for Default Judgment, the #8 Scheduling Order is vacated and all pending hearings are terminated. (Ordered by Judge Karen Gren Scholer on 7/27/2023) (chmb) [Transferred from Texas Northern on 9/25/2023.]
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Filing 15
ELECTRONIC ORDER: The Court refers #14 Plaintiff's Request for Default Judgment to Magistrate Judge Renee Harris Toliver. (Ordered by Judge Karen Gren Scholer on 6/8/2023) (chmb) [Transferred from Texas Northern on 9/25/2023.]
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| Filing 14 MOTION for Default Judgment against Best for You Moving LLC, Coastal Transport Moving and Storage LLC filed by Swetha Gogu with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s), #2 Affidavit(s)) (Campbell, Sharon) Modified party text on 8/10/2023 (mms). [Transferred from Texas Northern on 9/25/2023.] |
| Filing 13 Clerk's ENTRY OF DEFAULT as to Best for You Moving LLC, Coastal Transport Moving and Storage LLC. (sxf) [Transferred from Texas Northern on 9/25/2023.] |
| Filing 12 Request for Clerk to issue Entry of Default filed by Swetha Gogu. (Campbell, Sharon) Modified party text on 8/10/2023 (mms). [Transferred from Texas Northern on 9/25/2023.] |
| Filing 11 SUMMONS Returned Executed as to Best for You Moving LLC; executed on 03/22/2023. (Campbell, Sharon) Modified text on 6/6/2023 (acm). [Transferred from Texas Northern on 9/25/2023.] |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. (Ordered by Chief District Judge David C Godbey on 6/2/2023) (twd) [Transferred from Texas Northern on 9/25/2023.]
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Filing 9
ORDER: It is ORDERED that Plaintiff's claims against the above named Defendants will be dismissed without prejudice if Plaintiff fails to move for the entry of default and default judgment on or before 9:00 a.m. on 6/12/2023. (Ordered by Senior Judge Sam R Cummings on 5/30/2023) (ykp) [Transferred from Texas Northern on 9/25/2023.]
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Filing 8
SCHEDULING ORDER: Amended Pleadings due by 8/15/2023. Deadline for mediation is on or before 4/15/2024. Discovery due by 7/29/2024. Joinder of Parties due by 8/15/2023. Motions due by 4/15/2024. Trial set for 8/19/2024 09:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 4/17/2023) (sxf) [Transferred from Texas Northern on 9/25/2023.]
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| Filing 7 SUMMONS Returned Executed as to Best for You Moving LLC ; served on 3/22/2023. (Campbell, Sharon) [Transferred from Texas Northern on 9/25/2023.] |
| Filing 6 SUMMONS Returned Executed as to Coastal Transport Moving and Storage LLC ; served on 2/7/2023. (Campbell, Sharon) [Transferred from Texas Northern on 9/25/2023.] |
| Filing 5 Summons Reissued as to Coastal Transport Moving and Storage LLC. (mlb) [Transferred from Texas Northern on 9/25/2023.] |
| Filing 4 Summons Issued as to Best for You Moving LLC, Costal Transport Moving and Storage LLC. (mlb) [Transferred from Texas Northern on 9/25/2023.] |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Swetha Gogu. (Clerk QC note: No affiliate entered in ECF). (acm) Modified party text on 8/10/2023 (mms). [Transferred from Texas Northern on 9/25/2023.] |
| Filing 2 COMPLAINT WITH JURY DEMAND against Best for You Moving LLC, Costal Transport Moving and Storage LLC filed by Swetha Gogu. (Filing fee $402; Receipt number 300003444) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (acm) Modified parties on 8/10/2023 (mms). [Transferred from Texas Northern on 9/25/2023.] |
| Filing 1 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (acm) [Transferred from Texas Northern on 9/25/2023.] |
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