Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents) et al v. Barcenas et al
| Lauren Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Reba Wright, Margie Scrivener, Rod Scrivener, Milan Von Kelsing Individually and as Representative of the Estate of Patrick Scrivener (Decedent) and Brittany Cox Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents) |
| Vincente Barcenas, WD Logistics, L.L.C., RK Hall, L.L.C., Arys Hotshot Services, L.L.C., Western Dairy Transport, L.L.C., Southwest Leasing, L.L.C. and B&C Holding Company, L.L.C. |
| 4:2024cv00279 |
| March 29, 2024 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2024. A more recent docket listing may be available from PACER.
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Certified copies of Docket No. #33 and Docket Sheet mailed to 62nd District Court, Lamar County, 119 N. Main, Paris, Texas 75460, via CMRRR 7020 2450 0001 8814 3146, on 5/24/2024. (dlw)
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Filing 33
MEMORANDUM OPINION AND ORDER Granting #12 Plaintiffs' Motion to Remand Case to State Court; Denying as moot #4 Defendants Western Dairy Transport, L.L.C., B&C Holdings, L.L.C., and Southwest Leasing, L.L.C.'s Motion to Transfer Venue; Denying as moot #9 Defendants Western Dairy Transport, L.L.C., B&C Holdings, L.L.C., and Southwest Leasing, L.L.C.'s Supplemental Motion to Transfer Venue; Denying as moot #25 Defendants Western Dairy Transport, L.L.C., B&C Holdings, L.L.C., and Southwest Leasing, L.L.C.'s Second Supplemental Motion to Transfer Venue. Signed by District Judge Sean D. Jordan on 5/23/2024. (ldm)
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Filing 32
RESPONSE to #31 Reply to Response to Motion,, Objection to Plaintiffs' Corrected Reply [Dkt. No. 31] and Supplemental Sur-Reply to Plaintiffs' Corrected Reply filed by WD Logistics, L.L.C.. (Brucculeri, Frank)
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Filing 31
CORRECTED REPLY to Response to Motion re #12 MOTION to Remand to State Court filed by Brittany Cox Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Lauren Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Margie Scrivener, Rod Scrivener, Milan Von Kelsing Individually and as Representative of the Estate of Patrick Scrivener (Decedent). (Attachments: #1 Exhibit Motor Carrier Application, #2 Exhibit Robinson v. Miller Op, #3 Exhibit Torres v. Minnaar Op)(Carsey, Robert)
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Clerk's LR CV-10(d) Notice of Deficiency as to #27 Reply to Response to Motion,,, - LR CV-7(a) or CR-47(a) prescribes a page limit that this document exceeds. Recommended cure: Within one day, Filer must refile with the word Corrected in the title of the document. The filer should use the same ECF event and when offered the docket text enhancement dropdown, select CORRECTED so it will also appear in the docket text. (dlw)
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Filing 30
RESPONSE to #27 Reply to Response to Motion,,, Sur-Reply to Plaintiffs overlength Reply brief (Dkt. No. 27) filed by WD Logistics, L.L.C.. (Brucculeri, Frank)
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Filing 29
RESPONSE to #27 Reply to Response to Motion,,, Objection to Plaintiffs' Reply [Dkt. 27] filed by WD Logistics, L.L.C.. (Brucculeri, Frank)
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Filing 28
ORDER granting #26 Motion for Extension of Time to File. Plaintiffs' Reply to Defendant Western Dairy Transport, L.L.C.'s Response in Opposition to Plaintiffs' Motion to Remand to State Court, (Dkt. #27), is deemed properly filed. Signed by District Judge Sean D. Jordan on 5/9/2024. (dlw)
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Filing 27
***DEFICIENT. EXCEEDS PAGE LIMIT PER LOCAL RULES. TO BE REFILED*** FIRST REPLY to Response to Motion re #12 MOTION to Remand to State Court to Defendants Western Dairy Transport, LLC's Response in Opposition to Plaintiff's Motion to Remand to State Court filed by Brittany Cox Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Lauren Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Margie Scrivener, Rod Scrivener, Milan Von Kelsing Individually and as Representative of the Estate of Patrick Scrivener (Decedent), Reba Wright. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Reynolds, Russell) Modified on 5/17/2024 (dlw).
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Filing 26
UNOPPOSED MOTION for Extension of Time to File A Reply to Defendants Western Dairy Transport, LLC's Response in Opposition to Plaintiff's Motion to Remand to State Court by Brittany Cox Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Lauren Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents). (Reynolds, Russell)
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Filing 25
SECOND MOTION to Change Venue by Western Dairy Transport, L.L.C.. (Attachments: #1 Exhibit Declaration of Dan Halford)(Fahl, Glenn)
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Filing 24
NOTICE of Joinder in and Non-opposition to Defendant WD's Opposition to Plaintiffs' Motion to Remand by Arys Hotshot Services, L.L.C., Vincente Barcenas re #21 Response in Opposition to Motion (Oliver, Kevin)
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Filing 23
NOTICE of Joinder in Defendant WD Logistics, LLC's Opposition to Plaintiffs' Motion to Remand by RK Hall, L.L.C. (Motley, Luke)
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Filing 22
NOTICE Joinder In and No-Opposition to WD Logistics Opposition to Plaintiffs Remand by Western Dairy Transport, L.L.C. re #21 Response in Opposition to Motion (Fahl, Glenn)
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Filing 21
RESPONSE in Opposition re #12 MOTION to Remand to State Court filed by WD Logistics, L.L.C.. (Brucculeri, Frank)
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Filing 20
NOTICE of Attorney Appearance - Pro Hac Vice by Frank C Brucculeri on behalf of WD Logistics, L.L.C.. Filing fee $ 100, receipt number ATXEDC-10111431. (Brucculeri, Frank)
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Filing 19
NOTICE of Attorney Appearance - Pro Hac Vice by Bradley Rose on behalf of WD Logistics, L.L.C.. Filing fee $ 100, receipt number ATXEDC-10110241. (Rose, Bradley) (Additional attachment(s) added on 4/30/2024: #1 Sealed Attachment) (NKL).
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Filing 18
NOTICE of Attorney Appearance by Robert Rieker Carsey on behalf of Milan Von Kelsing Individually and as Representative of the Estate of Patrick Scrivener (Decedent) (Carsey, Robert)
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Filing 17
NOTICE of Attorney Appearance - Pro Hac Vice by Russell R Reynolds on behalf of Brittany Cox Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Lauren Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents). Filing fee $ 100, receipt number BTXEDC-10102728. (Reynolds, Russell)
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Filing 16
ORDER granting #14 OPPOSED MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Change Venue . Plaintiffs shall have twenty (20) days to file any response or opposition to Defendants' Motion to Transfer Venue, (Dkt. #4), with the twenty-day period beginning on the date the Court signs any order denying the Plaintiffs' Motion to Remand, (Dkt. #12). Signed by District Judge Sean D. Jordan on 4/23/2024. (dlw)
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Filing 15
ORDER. Defendants shall file a response to Plaintiffs' Motion to Remand and Brief in Support of Plaintiffs' Motion to Remand Case to the 62nd District Court of Lamar County, (Dkt. #12), by no later than Tuesday, April 30, 2024. Signed by District Judge Sean D. Jordan on 4/23/2024. (dlw)
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Filing 14
OPPOSED MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Change Venue by Brittany Cox Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Lauren Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Margie Scrivener, Rod Scrivener, Milan Von Kelsing Individually and as Representative of the Estate of Patrick Scrivener (Decedent), Reba Wright. (Langston, Keith) (Additional attachment(s) added on 4/22/2024: #1 Proposed Order) (dlw).
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Filing 13
MOTION for Joinder In And Non-Opposition To Supplemental Motion to Transfer Venue Filed by Defendants Western Dairy Transport, LLC, B&C Holdings, LLC and Southwest Leasing, LLC by RK Hall, L.L.C.. (Motley, Luke)
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Filing 12
MOTION to Remand to State Court by Brittany Cox Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Lauren Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Margie Scrivener, Rod Scrivener, Milan Von Kelsing Individually and as Representative of the Estate of Patrick Scrivener (Decedent), Reba Wright. (Attachments: #1 Exhibit A - Western Dairy Logistics Brief, #2 Proposed Order)(Langston, Keith)
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Filing 11
NOTICE of Joinder In and Non-Opposition to Defendants' Supplemental Motion to Transfer Venue (Dated April 17, 2024) [ECF No. 9] by WD Logistics, L.L.C. re #9 SUPPLEMENTAL MOTION to Change Venue (Hopkins, Kirby)
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Filing 10
NOTICE of Joinder in and Non-Opposition to Supplemental Motion to Transfer Venue by Arys Hotshot Services, L.L.C., Vincente Barcenas re #9 SUPPLEMENTAL MOTION to Change Venue (Oliver, Kevin)
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Filing 9
SUPPLEMENTAL MOTION to Change Venue by B&C Holding Company, L.L.C., Southwest Leasing, L.L.C., Western Dairy Transport, L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Fahl, Glenn)
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Filing 8
NOTICE OF JOINDER IN AND NON-OPPOSITION TO MOTION TO TRANSFER VENUE by Arys Hotshot Services, L.L.C., Vincente Barcenas re #4 MOTION to Change Venue (Oliver, Kevin)
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Filing 7
NOTICE of Joinder In and Non-Opposition to Motion to Transfer Venue (28 U.S.C. Sec 1404(a)) Filed by Defendants Western Dairy Transport LLC, B&C Holdings, LLC and Southwest Leasing, LLC by RK Hall, L.L.C. re #4 MOTION to Change Venue (Motley, Luke)
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Filing 6
NOTICE of Joinder In and Non-Opposition to Motion to Transfer Venue (28 U.S.C. 1404(a)) Filed by Defendants Western Dairy Transport, L.L.C., B&C Holdings, L.L.C., and Southwest Leasing, LLC [ECF No. 4] by WD Logistics, L.L.C. re #4 MOTION to Change Venue (Hopkins, Kirby)
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Filing 5
ORDER. The parties shall file any response or opposition to Defendants Western Dairy Transport, L.L.C., B&C Holdings, L.L.C., and Southwest Leasing, L.L.C.'s Motion to Transfer Venue, (Dkt. #4), by no later than Friday, April 19, 2024. Signed by District Judge Sean D. Jordan on 4/9/2024. (dlw)
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Filing 4
MOTION to Change Venue by B&C Holding Company, L.L.C., Southwest Leasing, L.L.C., Western Dairy Transport, L.L.C.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Fahl, Glenn)
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Filing 3
WD Logistics, LLC's ANSWER to #2 Complaint,, by WD Logistics, L.L.C..(Hopkins, Kirby)
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Filing 2
***ORIGINALLY FILED IN STATE COURT*** Plaintiffs' Original Petition against Arys Hotshot Services, L.L.C., B&C Holding Company, L.L.C., Vincente Barcenas, RK Hall, L.L.C., Southwest Leasing, L.L.C., WD Logistics, L.L.C., Western Dairy Transport, L.L.C., filed by Margie Scrivener, Reba Wright, Milan Von Kelsing Individually and as Representative of the Estate of Patrick Scrivener (Decedent), Lauren Nevil Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents), Rod Scrivener, Brittany Cox Individually and as Representative of the Estate of Bradley Allan Nevil and Sheri Nevil (Decedents).(DLW)
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Case Assigned to District Judge Sean D. Jordan. (DLW)
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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. (DLW)
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Notified Attorneys, Russell R. Reynolds; Debra S. Reynolds; and Gabriela R. McNitzky, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEYS NOT ADMITTED TO PRACTICE IN OUR COURT ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (DLW)
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Note: Pursuant to Local Rule CV 7(j), 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. (DLW)
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Filing 1
NOTICE OF REMOVAL by WD Logistics, L.L.C. from 62nd Judicial District Court of Lamar County, Texas, case number 92426. (Filing fee $ 405 receipt number ATXEDC-10057627), filed by WD Logistics, L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Additional Attachment(s) List of Parties and Representation)(Hopkins, Kirby)
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