Ferguson et al v. Evans Delivery Company, Inc. et al
| David Ferguson, Marilyn Ferguson and Jazlyn Ferguson |
| Evans Delivery Company, Inc. and Dionne Williams |
| Gordon Randall Akin |
| 6:2025cv00472 |
| November 21, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Jeremy D Kernodle |
| John D Love |
| Motor Vehicle |
| 28 U.S.C. § 1364 Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on March 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 26 DEFENDANTS ORIGINAL ANSWER TO PLAINTIFFS COMPLAINT ANSWER to #3 Complaint by Evans Delivery Company, Inc., Dionne Williams.(Murrell, James) |
Filing 25
ORDER Appointing Randy Akin as Mediator. Mediation Deadline: September 15, 2026. Signed by Magistrate Judge John D. Love on 3/11/26. (kcv)
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Filing 24
DOCKET CONTROL ORDER: Pretrial Conference set for 2/17/2027 at 09:30 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. Jury Selection and Trial set for 3/15/2027 at 09:00 AM before District Judge Jeremy D. Kernodle. Signed by Magistrate Judge John D. Love on 3/11/26. (kcv)
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Filing 23
PROTECTIVE ORDER. Signed by Magistrate Judge John D. Love on 3/11/26. (kcv)
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Filing 22
E-DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 3/11/26. (kcv)
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Filing 21
DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 3/11/26. (kcv)
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| Filing 20 Minute Entry for proceedings held before Magistrate Judge John D. Love: Scheduling Conference/Case Management Conference held on 3/11/2026 from 10:17 - 10:24 AM. Attorney Appearances: Plaintiff - C. Schindler; Defense - J. Murrall. No exhibits. (Court Reporter - Digital Recording) (kcv) |
| Filing 19 PROPOSED Submission of S by Evans Delivery Company, Inc. ESI- Discovery Order. (Murrell, James) |
| Filing 18 PROPOSED Submission of S by Evans Delivery Company, Inc. Discovery Order. (Murrell, James) |
| Filing 17 PROPOSED Submission of P by Evans Delivery Company, Inc. Protective Order. (Murrell, James) |
| Filing 16 JOINT NOTICE of Designation of Mediator, Randy Akin, filed by Marilyn Ferguson. (Schindler, Claire) |
| Filing 15 PROPOSED Docket Control Order by Marilyn Ferguson. (Schindler, Claire) Modified to terminate motion and correct title on 3/9/2026 (kcv). |
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Filing 14
ORDER Striking Documents: The Court notes that docket #11 MOTION for Leave to File Amended Complaint filed by Marilyn Ferguson, David Ferguson, Jazlyn Ferguson, #13 Amended Complaint filed by Marilyn Ferguson, David Ferguson, Jazlyn Ferguson, #12 MOTION for Leave to File Amended Complaint filed by Marilyn Ferguson, David Ferguson, Jazlyn Ferguson is ORDERED stricken pursuant to this Order. (Ordered by Magistrate Judge John D. Love.) (Motion(s) #12 , #11 terminated). Signed by Magistrate Judge John D. Love on 02/23/2026. (grt) (grt).
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| Filing 13 Stricken per Order 14 FIRST AMENDED COMPLAINT against All Defendants, filed by David Ferguson, Jazlyn Ferguson, Marilyn Ferguson.(Schindler, Claire) Modified on 2/24/2026 (grt). |
| Filing 12 Stricken per Order 14 MOTION for Leave to File Amended Complaint by David Ferguson, Jazlyn Ferguson, Marilyn Ferguson. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiffs Motion for Leave to File Amended Complaint)(Schindler, Claire) Modified on 2/24/2026 (grt). |
| Filing 11 Stricken per Order 14 MOTION for Leave to File Amended Complaint by David Ferguson, Jazlyn Ferguson, Marilyn Ferguson. (Attachments: #1 Proposed Order Granting Motion for Leave, #2 Exhibit Plaintiffs' First Amended Petition)(Schindler, Claire) Modified on 2/24/2026 (grt). |
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Filing 10
ORDER Setting a Video Scheduling Conference for 3/11/2026 at 10:15 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 2/13/26. (kcv)
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Filing 9
ORDER adopting the #8 Report and Recommendation. Defendant's #2 motion to dismiss is GRANTED as to Plaintiffs' claims for direct liability and ratification and DENIED as to Plaintiffs' claims for gross negligence. Plaintiffs are GRANTED leave to file an amended complaint . Any amended complaint shall be filed within 14 days of the issuance of this order. Signed by District Judge Jeremy D. Kernodle on 1/26/26. (jbe) Modified entry text on 1/27/2026 (kcv).
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| Case reassigned to District Judge Jeremy D. Kernodle and Magistrate Judge John D. Love (per #Tyler Divisional Order). Magistrate Judge John D. Love no longer assigned presider to the case. (jbe) |
| Filing 8 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that the #2 MOTION to Dismiss should be granted-in-part and denied-in-part. The court further RECOMMENDS that Plaintiffs be given an opportunity to replead as to the claims for direct liability and ratification against Defendant Evans Delivery. Objections due within 14 days of receipt. Signed by Magistrate Judge John D. Love on 12/29/25. (kcv) |
| Filing 7 AMENDED NOTICE OF REMOVAL by Evans Delivery Company, Inc., Dionne Williams , filed by Evans Delivery Company, Inc., Dionne Williams. (Attachments: #1 Exhibit)(Murrell, James) |
| Filing 6 FIRST REPLY to Response re #2 MOTION to Dismiss for Failure to State a Claim filed by Evans Delivery Company, Inc., Dionne Williams. (Murrell, James) |
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Filing 5
ORDER that the parties shall conduct any discovery necessary to determine the satisfaction of the amount in controversy in this case. By December 21, 2025, Defendants shall file an amended notice of removal including any relevant evidence to support the amount in controversy. Alternatively, the parties may file a motion to remand by this date. Signed by Magistrate Judge John D. Love on 12/10/25. (kcv)
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| Filing 4 RESPONSE in Opposition re #2 MOTION to Dismiss for Failure to State a Claim filed by David Ferguson, Jazlyn Ferguson, Marilyn Ferguson. (Attachments: #1 Proposed Order)(Schindler, Claire) |
| Filing 2 MOTION to Dismiss for Failure to State a Claim by All Defendants. (Attachments: #1 Exhibit Plaintiff's Original Petition, #2 Proposed Order Proposed Order)(Murrell, James) |
| Filing 3 COMPLAINT against All Defendants, filed by David Ferguson, Jazlyn Ferguson, Marilyn Ferguson.(jbe) Modified on 11/24/2025 to correct date (jbe). |
| Case assigned to Magistrate Judge John D. Love. (jbe) |
| 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. (Copy of the notice to be sent by US Mail to parties not electronically noticed.) (jbe) |
| DEMAND for Trial by Jury. (jbe) |
| Filing 1 NOTICE OF REMOVAL by Evans Delivery Company, Inc. from 7th Judicial District Court, Smith County, Texas, case number 25-2206-A. (Filing fee $ 405 receipt number BTXEDC-11221389), filed by Evans Delivery Company, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Additional Attachment(s) Supplemental Cover Sheet, #3 Additional Attachment(s) Certificate of Interested Parties, #4 Additional Attachment(s) Counsel of Record, #5 Additional Attachment(s) Index of Matters Filed, #6 Exhibit Exhibit 1 to Index of Matters Filed, #7 Exhibit Exhibit 2 to Index of Matters Filed, #8 Exhibit Exhibit 3 to Index of Matters Filed, #9 Exhibit Exhibit 4 to Index of Matters Filed, #10 Exhibit Exhibit 5 to Index of Matters Filed, #11 Exhibit Exhibit 6 to Index of Matters Filed)(Murrell, James) |
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