Martinez v. Honeywell International Inc. et al
| Ismael Martinez |
| Honeywell International Inc, Honeywell Safety Products USA Inc, Honeywell Building Solutions SES Corp, Wanzek Construction Inc, Enel North America Inc and Enel X North America Inc |
| Mastec. Inc. and Enel S.p.a. |
| 1:2023cv00024 |
| January 25, 2023 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Sam R Cummings |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 MOTION Objections to Notice of Deposition of Corporate Representative filed by Enel X North America Inc Attorney Adam Ross Diamond added to party Enel X North America Inc(pty:dft) (Diamond, Adam) |
Filing 44
ORDER granting #41 Application for Admission Pro Hac Vice of Neil L. Sambursky. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 2/14/2023) (amg)
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Filing 43
ORDER. The court has considered the Application for Admission Pro Hac Vice of Nicolette Arapis. IT IS ORDERED that the application is granted. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this Court. It is further ORDERED that, if the Applicant has not already done so, the Applicant must register as an ECF User within 14 days. See LR 5.1(f) and LCrR 49 2(g). Attorney Nicolette Arapis for Honeywell Building Solutions SES Corp, Honeywell International Inc, and Honeywell Safety Products USA Inc added. (Ordered by Senior Judge Sam R Cummings on 2/14/2023) (amg)
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| Filing 42 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13513497) filed by Honeywell Building Solutions SES Corp, Honeywell International Inc, Honeywell Safety Products USA Inc (Attachments: #1 Exhibit(s) Exhibit A - Certificate of Good Standing) (Sambursky, Neil) |
| Filing 41 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13513281) filed by Honeywell Building Solutions SES Corp, Honeywell International Inc, Honeywell Safety Products USA Inc (Attachments: #1 Exhibit(s) Exhibit A - Certificate of Good Standing) (Sambursky, Neil) |
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Filing 40
SCHEDULING ORDER. Joinder of Parties and Amended Pleadings must be filed by 3:00 p.m by 6/15/2023. Motions for Summary Judgment must be filed by 3:00 p.m. on 2/15/2024. The parties must take this case to mediation which must be completed by 3:00 p.m. on 2/15/2024. Motions in Limine must be filed and Discovery must be completed by 3:00 p.m. on 8/19/2024. Jury Trial set for 9/3/2024 at 09:00 AM in US Courthouse, Courtroom 2000, 341 Pine St., Abilene, TX 79601-5928 before Senior Judge Sam R Cummings. The above trial setting will continue for the following weeks during the same month. This case has been scheduled for trial with other cases. You are responsible for staying in contact with the Judge's chambers to determine where your case stands on the Court's docket. There will be no docket call. See Order for additional instructions and deadlines. (Ordered by Senior Judge Sam R Cummings on 2/13/2023) (amg)
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| Filing 39 New Case Notes: A filing fee has been paid. (amg) |
| Filing 38 Case electronically transferred in from District of Texas Southern; Case Number 4:22-cv-00697. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 37
ORDER TO TRANSFER CASE to Abilene Division of the Northern District of Texas entered. (Signed by Judge Lee H Rosenthal) Parties notified. (RachelWillborg, 4) [Transferred from Texas Southern on 1/25/2023.]
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Filing 36
MEMORANDUM AND ORDER GRANTING entered #28 Amended MOTION to Transfer Case to TXND, Abilene Division. Case will be transferred to Northern District of Texas. Order to follow. (Signed by Judge Lee H Rosenthal) Parties notified. (RachelWillborg, 4)[Transferred from Texas Southern on 1/25/2023.]
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| Interdistrict transfer to Abilene Division of the Northern District of Texas. Case transferred electronically, filed. (RachelWillborg, 4) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 35 Supplemental INITIAL DISCLOSURES by Enel North America, Inc., filed.(Kimbell, James) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 34
AMENDED SCHEDULING ORDER granting #29 Unopposed MOTION for Continuance of Deadlines. ( Amended Pleadings due by 1/28/2023., Pltf Expert Report due by 6/30/2023., Deft Expert Report due by 7/1/2023., Discovery due by 8/18/2023., Mediation due by 8/18/2023., Dispositive Motion Filing due by 9/1/2023., Joint Pretrial Order due by 11/3/2023., Docket Call set for 11/17/2023 at 02:00 PM in Courtroom 11B before Judge Lee H Rosenthal)(Signed by Judge Lee H Rosenthal) Parties notified.(gclair, 4) [Transferred from Texas Southern on 1/25/2023.]
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| ***Set/Reset Deadlines: Deft Expert Report due by 8/4/2023. (leddins, 4) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 33 REPLY to Response to #28 Amended MOTION to Transfer Case to TXND, Abilene Division, filed by Wanzek Construction, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fletcher, Douglas) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 32
ORDER granting #31 Motion for Leave to Appear. Amanda Collura-Day added for Defendants Honeywell International, Inc., Honeywell Safety Products USA, and Honeywell Building Solutions SES Corporation..(Signed by Judge Lee H Rosenthal) Parties notified.(HeatherCarr, 4) [Transferred from Texas Southern on 1/25/2023.]
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| Filing 31 MOTION for Amanda Collura-Day to Appear as Attorney by Honeywell Building Solutions SES Corp., Honeywell International Inc., Honeywell Safety Products USA, Inc., filed. Motion Docket Date 12/27/2022. (Jakuback, John) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 30 RESPONSE in Opposition to #28 Amended MOTION to Transfer Case to TXND, Abilene Division, filed by Ismael Martinez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Proposed Order)(Bireley, John) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 29 Unopposed MOTION for Continuance of Deadlines by Ismael Martinez, filed. Motion Docket Date 12/12/2022. (Bireley, John) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 28 Amended MOTION to Transfer Case to TXND, Abilene Division by Wanzek Construction, Inc., filed. Motion Docket Date 11/30/2022. (Attachments: #1 Appendix, #2 Exhibit A to A-6, #3 Proposed Order)(Fletcher, Douglas) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 27
ORDER as to #26 Opposed MOTION to Transfer Case to TXND, Abilene Division ( Amended The court orders Wanzek to file an amended motion to transfer that clarifies where venueis proper and whether this motion is governed by 1404(a) or 1406(a). Wanzek must do so nolater than November 10, 2022. The deadline to respond is December 1, 2022. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (ClaudiaGutierrez, 4) [Transferred from Texas Southern on 1/25/2023.]
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| Filing 26 Opposed MOTION to Transfer Case to TXND, Abilene Division by Wanzek Construction, Inc., filed. Motion Docket Date 11/4/2022. (Attachments: #1 Appendix, #2 Exhibit, #3 Proposed Order)(Fletcher, Douglas) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 25 FIRST SUPPLEMENTAL ANSWER to #1 Notice of Removal, by Enel North America, Inc., Enel X North America, Inc., filed. (kpicota, 4) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 24
ORDER granting #20 Motion for Leave to File Answer..(Signed by Chief Judge Lee H Rosenthal) Parties notified.(kpicota, 4) [Transferred from Texas Southern on 1/25/2023.]
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| Filing 23 FIRST AMENDED ANSWER to #1 Notice of Removal, with Jury Demand by Wanzek Construction, Inc., filed. (kpicota, 4) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 22
ORDER granting #21 Motion for Leave to File to File Amended Answer..(Signed by Chief Judge Lee H Rosenthal) Parties notified.(kpicota, 4) [Transferred from Texas Southern on 1/25/2023.]
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| Filing 21 Unopposed MOTION for Leave to File First Amended Answer by Wanzek Construction, Inc., filed. Motion Docket Date 8/12/2022. (Attachments: #1 Exhibit A - First Amended Answer, #2 Proposed Order Granting Def Wanzek's Motion for Leave to File First Amended Answer)(Fletcher, Douglas) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 20 Unopposed MOTION for Leave to File Defendants Enel North America, Inc.'s and Enel X North America, Inc.'s First Supplemental Answer to Plaintiff's Original Petition by Enel North America, Inc., Enel X North America, Inc., filed. Motion Docket Date 8/11/2022. (Attachments: #1 Exhibit A - First Supplemental Answer to Plaintiff's Original Petition, #2 Proposed Order Granting Defs Enel's Motion for Leave to Supplement Answer)(Kimbell, James) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 19
PROTECTIVE ORDER granting #18 Joint MOTION for Protective Order (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) [Transferred from Texas Southern on 1/25/2023.]
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| Filing 18 Joint MOTION for Protective Order by Honeywell Building Solutions SES Corp., Honeywell International Inc., Honeywell Safety Products USA, Inc., filed. Motion Docket Date 6/16/2022. (Attachments: #1 Exhibit A Confidentiality Agreement)(Jakuback, John) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 17 Supplemental INITIAL DISCLOSURES by Enel North America, Inc., filed.(Diamond, Adam) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 16 INITIAL DISCLOSURES by Honeywell Building Solutions SES Corp., Honeywell International Inc., Honeywell Safety Products USA, Inc., filed.(Jakuback, John) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 15 INITIAL DISCLOSURES by Enel North America, Inc., filed.(Kimbell, James) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 14
SCHEDULING ORDER. Amended Pleadings due by 7/22/2022. Pltf Expert Report due by 12/19/2022. Deft Expert Report due by 1/23/2023. Discovery due by 3/31/2023. Mediation due by 3/31/2023. Dispositive Motion Filing due by 4/14/2023. Joint Pretrial Order due by 6/16/2023. Docket Call set for 6/23/2023 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4) [Transferred from Texas Southern on 1/25/2023.]
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| Filing 13 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on April 27, 2022. The court will separately enter a scheduling and docket control order, as stated in detail on the record. Appearances: Ben Birely for Pltf. and James Kimbell, Neil Sambursky, John Jakuback and Richard Miller for Defts.(Court Reporter: H. Alcaraz), filed.(leddins, 4) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 12 NOTICE of Appearance by Trenton A. Shelton on behalf of Ismael Martinez, filed. (Wexler, Noah) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 11 CERTIFICATE OF INTERESTED PARTIES by Ismael Martinez, filed.(Wexler, Noah) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 10 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Honeywell Building Solutions SES Corp., Honeywell International Inc., Honeywell Safety Products USA, Inc., filed. (Attachments: #1 Proposed Order)(Jakuback, John) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Enel North America, Inc., Enel X North America, Inc., filed.(Kimbell, James) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 8 CERTIFICATE OF INTERESTED PARTIES by Honeywell Building Solutions SES Corp., Honeywell International Inc., Honeywell Safety Products USA, Inc., filed.(Jakuback, John) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Wanzek Construction, Inc., filed.(Fletcher, Douglas) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 6
ORDER Granting #5 Motion for Neil L Sambursky to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(rkonieczny, 4) [Transferred from Texas Southern on 1/25/2023.]
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| Filing 5 MOTION for Neil L. Sambursky to Appear Pro Hac Vice by Honeywell Building Solutions SES Corp., Honeywell International Inc., Honeywell Safety Products USA, Inc., filed. Motion Docket Date 4/27/2022. (Jakuback, John) [Transferred from Texas Southern on 1/25/2023.] |
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Filing 4
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 4/27/2022 at 03:30 PM by video before Chief Judge Lee H Rosenthal. A Zoom link will be provided. (Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Supplement) Parties notified.(leddins, 4) [Transferred from Texas Southern on 1/25/2023.]
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| Filing 3 ANSWER to #1 State Court Petition/Notice of Removal by Honeywell Building Solutions SES Corp., Honeywell International Inc., Honeywell Safety Products USA, Inc., filed.(ShannonHolden, 4) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 2 ANSWER to #1 State Court Petition/Notice of Removal with Jury Demand by Wanzek Construction, Inc., filed.(Fletcher, Douglas) [Transferred from Texas Southern on 1/25/2023.] |
| Filing 1 NOTICE OF REMOVAL from 333rd JDC, Harris County, case number 2022-04679 (Filing fee $ 402 receipt number ATXSDC-27838956) filed by Honeywell Building Solutions SES Corp., Honeywell Safety Products USA, Inc., Honeywell International Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Jakuback, John) [Transferred from Texas Southern on 1/25/2023.] |
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