Stevens v. Clayton et al
Plaintiff: Heath Stevens
Defendant: Tracy Lynn Clayton, Thomas W. Descant, Jr. and Route 252 Trucking, LLC
Case Number: 1:2021cv00174
Filed: September 20, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: James Wesley Hendrix
Nature of Suit: Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2021 Filing 13 NOTICE of Attorney Appearance by Samuel Whitney Royston for Jack Hurd on behalf of Heath Stevens. (Royston, Samuel)
November 8, 2021 Opinion or Order Filing 12 ORDER REQUIRING LOCAL COUNSEL. Twice, the Court ordered plaintiff Heath Stevens to either obtain local counsel or submit a motion to waive the requirement. Dkt. Nos. 7, 9. Plaintiff has failed to do either. In light of plaintiff's failure to comply with the Court's prior orders, the Court orders plaintiff to obtain local counsel by November 19, 2021. Failure to do so may result in a dismissal without prejudice or other appropriate sanctions. (Ordered by Judge James Wesley Hendrix on 11/8/2021) (amg)
November 4, 2021 Opinion or Order Filing 11 ORDER. Before the Court is Samuel W. Royston's Application for Admission Pro Hac Vice #10 . The application is granted. The Clerk of Court shall deposit the admission fee to the account of the Non-Appropriated Fund of this Court. If Royston has not already done so, he must register as an ECF user within 14 days. See LR 5.1(f) and LCIR 49.2(9). (Ordered by Judge James Wesley Hendrix on 11/4/2021) (amg)
November 4, 2021 Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12357745) filed by Heath Stevens (Royston, Samuel)
November 2, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 9. to Samuel W Royston of Ketterman Rowland & Westlund Tue Nov 2 13:05:53 CDT 2021 (crt)
November 1, 2021 Opinion or Order Filing 9 NOTICE OF DEFICIENCY. The Court ordered plaintiff's counsel, Samuel W. Royston, to submit an application for admission pro hac vice by October 26, 2021. Dkt. No. #7 . In addition, the Court ordered plaintiff Heath Stevens to either obtain local counsel or submit a motion to waive the requirement by the same date. Id. Plaintiff's counsel and plaintiff have failed to comply with either instruction. Plaintiff's counsel and plaintiff must comply with the court's prior order by November 5, 2021. Failure to do so will result in an order to show cause. (Ordered by Judge James Wesley Hendrix on 11/1/2021) (amg)
October 18, 2021 Filing 8 NOTICE of Attorney Appearance by R Scott Westlund on behalf of Heath Stevens. (Filer confirms contact info in ECF is current.) (Westlund, R)
October 13, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 7. to Samuel W Royston of Ketterman Rowland & Westlund Wed Oct 13 13:04:17 CDT 2021 (crt)
October 12, 2021 Opinion or Order Filing 7 ORDER. The Court, having reviewed the docket, notes that Samuel W. Royston is not admitted to practice in the Northern District of Texas. Samuel W. Royston is ordered to submit an application for admission pro hac vice should he seek to continue representing Heath Stevens in this action. Counsel is also advised of the requirement of local counsel under Local Civil Rule 83.10. Thus, the Court further orders that, by October 26, 2021, Heath Stevens must eitherobtain local counsel or submit a motion to waive the requirement, specifically detailing availability for hearings and ability to comply with the local rules of this Court. (Ordered by Judge James Wesley Hendrix on 10/12/2021) (amg)
October 11, 2021 Filing 6 RESPONSE filed by Route 252 Trucking, LLC re: #5 Order Setting Deadline/Hearing,,, (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B) (Wagstaff, Robert)
September 21, 2021 Opinion or Order Filing 5 ORDER TO DEMONSTRATE COURT'S JURISDICTION OVER THIS ACTION. Route 252 Trucking, LLC's notice of removal, appears to predicate subject-matter jurisdiction upon diversity of citizenship, 28 U.S.C. 1332, but it fails to properly allege the citizenship of Heath Stevens, Tracy Lynn Clayton, Thomas W. Descant, Jr., and Route 252 Trucking, LLC. Until Route 252 Trucking, LLC alleges facts that give rise to diversity jurisdiction, this Court is not shown to have subject-matter jurisdiction. By no later than October 11, 2021, Route 252 Trucking LLC must file an amended notice of removal that alleges diversity of citizenship, in conformity with 28 U.S.C. 1332. Otherwise, this action will be remanded to state court. (Ordered by Judge James Wesley Hendrix on 9/21/2021) (amg)
September 21, 2021 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5. to Samuel W Royston of Ketterman Rowland & Westlund Tue Sep 21 15:35:42 CDT 2021 (crt)
September 20, 2021 Filing 4 New Case Notes: A filing fee has been paid. (amg)
September 20, 2021 Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tracy Lynn Clayton, Thomas W. Descant, Jr, Route 252 Trucking, LLC. (Wagstaff, Robert)
September 20, 2021 Filing 2 ANSWER to Complaint filed by Tracy Lynn Clayton, Thomas W. Descant, Jr, Route 252 Trucking, LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Wagstaff, Robert)
September 20, 2021 Filing 1 NOTICE OF REMOVAL filed by Route 252 Trucking, LLC. (Filing fee $402; receipt number 0539-12233027) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Attachments: #1 Exhibit(s) Index of State Court Filings, #2 Cover Sheet Civil Cover Sheet, #3 Cover Sheet Supplement Supplemental Civil Cover Sheet) (Wagstaff, Robert)

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Plaintiff: Heath Stevens
Represented By: R Scott Westlund
Represented By: Samuel W Royston
Represented By: Jack Duncan Hurd
Represented By: Samuel Whitney Royston
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Defendant: Tracy Lynn Clayton
Represented By: Robert B Wagstaff
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Defendant: Thomas W. Descant, Jr.
Represented By: Robert B Wagstaff
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Defendant: Route 252 Trucking, LLC
Represented By: Robert B Wagstaff
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