Franco, et al v. Coca Cola Enterprise
Plaintiff: Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo and David Hidalgo
Defendant: Coca Cola Enterprises, Inc
Petitioner: Mary Alice McLarty, J Steven Sharp, Eulojio Franco, Theresa Franco Rodriguez, John Lozano and Pauline Franco
Not Classified By Court: John E Simpson, Katrina Rogers, Mediator Susan S Soussan and Ross Hostetter
Not Yet Classified: Sally Emerson
Case Number: 2:2001cv00410
Filed: November 9, 2001
Court: US District Court for the Northern District of Texas
Presiding Judge: Matthew J Kacsmaryk
Referring Judge: Mary Lou Robinson
Nature of Suit: Torts/Pers Inj: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2019 Opinion or Order Filing 148 ORDER granting #147 Motion to Withdraw Funds from Court Registry. The clerk is directed to send a copy of this order to the movant at the address provided in the motion. (Ordered by Judge Matthew J. Kacsmaryk on 8/26/2019) (daa)
August 20, 2019 Filing 147 (Document Restricted) MOTION to Withdraw Funds from Court Registry filed by Barbara Franco Hidalgo. (daa)
August 20, 2019 Judge Matthew J. Kacsmaryk added. Judge Mary Lou Robinson no longer assigned to case. (daa)
August 31, 2012 Confirmation of receipt of payment from American General Life Ins Co in the amount of $3000.00. Transaction posted on 8/30/2012 12:00:00 AM. Receipt number AM004921 processed by ph. (alm)
August 30, 2011 Confirmation of receipt of payment from American General Life Ins. Co. in the amount of $3000.00. Transaction posted on 8/29/2011. Receipt number AM004223 processed by phunton. (gr)
August 30, 2010 Receipt of payment for Registry Fund (re: #144 Judgment) from American General Life Insurance Company, check #10481128 in the amount of $3000.00; Receipt #AM003466 f/b/o Raven Leigh Hidalgo (e-mail notification to Financial) (jeh)
August 28, 2009 Receipt of payment for Registry Fund (re: #144 Judgment) from American General Life Insurance Company in the amount of $3000.00; Receipt # AM002726, f/b/o Raven Leigh Hidalgo (e-mail notification to Financial) (jeh)
August 28, 2008 Filing 146 Received check number 10291541 from American General Life Insurance Company in the amount of $3,000.00 for deposit into registry on behalf of Raven Leigh Hidalgo (e-mail notification to Financial) (jeh)
August 30, 2005 Filing 145 Received Check Number 10092488 from American General Life Insurance Company in the amount of $3,000.00 for deposit into registry on behalf of Raven Leigh Hidalgo. (uls, )
May 24, 2004 Return of Exhibits by CRD to Mary Alice McLarty. (Exhibits destroyed by CRD Sauls) (djs, )
March 26, 2004 Opinion or Order Filing 144 JUDGMENT This is a final Judgment and all relief not expressly granted herein is denied. (See order for specifics) (Signed by Judge Mary Lou Robinson on 3/25/04) (djs, )
March 24, 2004 Return of Exhibits by Clerk as to Lydia Franco, Manuel Franco, Manwelet Franco, Barbara Franco Hidalgo, David Hildago (to attorney Steven Sharp). (djs, )
March 4, 2004 Opinion or Order Filing 143 AGREED ORDER OF DISMISSAL: The parties having agreed and stipulated to dismissal, it is therefore ordered that the claims of Lydia Franco in the above styled action are hereby dismissed with prejudice, each party to bear their own costs. (Signed by Judge Mary Lou Robinson on 3/4/04) (djs, )
March 4, 2004 Filing 142 STIPULATION AND NOTICE OF DISMISSAL by Coca Cola Enterprises, Inc, Lydia Franco. (djs, )
November 20, 2003 Opinion or Order Filing 141 ORDER Before the court is a motion filed by Attorney Steven Sharp on behalf of Manuel Franco, Lydia Franco, Eulojio "Lo" Franco, Pauline Franco, and Theresa Franco Rodriguez asking the Court to consider appointment of an attorney or guardian ad litem for Barbara Franco Hidalgo for the purpose of the settlement of her claims, and contending that she is not competent to represent herself. The relief requested is denied. Motions terminated: #118 MOTION for Hearing filed by Manuel Franco, Lydia Franco, Eulojio Franco, Pauline Franco, Theresa Franco Rodriguez. (Signed by Judge Mary Lou Robinson on 11/19/03) (djs, )
November 19, 2003 Filing 140 Minute Entry for proceedings held before Judge Mary Lou Robinson : Settlement Conference ended on 11/19/03. Findings of Fact entered on record.Exhibits placed in Courtroom Exhibit Closet. (Court Reporter Stacy Morrison.) (sas, )
November 19, 2003 Filing 139 Minute Entry for proceedings held before Judge Mary Lou Robinson : FinalSettlement Conference and hearing on attorneys fees held on 11/18/03. (Court Reporter Stacy Morrison.) (sas, )
November 18, 2003 Filing 138 MOTION for Continuance by J Steven Sharp (djs, )
November 18, 2003 Filing 137 NOTICE of Attorney Appearance by Joe L Lovell on behalf of John Lozano, Mary Alice McLarty (djs, )
November 17, 2003 Filing 136 NOTICE of Attorney Appearance by Andrew A Bergman on behalf of J Steven Sharp (djs, )
November 7, 2003 Opinion or Order Filing 135 ORDER SETTING HEARING: The Court having been informed that the above-styled case has settled as to all claims brought by the Hidalgo Plaintiffs against Dft Coca-Cola, and that the parties are now ready for a final hearing in that settlement. Settlement Hearing set for 11/18/2003 11:00 AM before Judge Mary Lou Robinson. (Signed by Judge Mary Lou Robinson on 11/7/03) (djs, )
October 27, 2003 Filing 134 RESPONSE to Application "Motion" re #133 MOTION for Declaratory Judgment Pursuant to Title 28 USCS 2201 to Determine Attorney Fees by Respondent J. Steven Sharp. (djs, )
October 6, 2003 Filing 133 MOTION "Application" for Declaratory Judgment Pursuant to Title 28 USCS 2201 to Determine Attorney Fees by Barbara Franco Hidalgo, David Hildago (exhibits not imaged) (djs, )
September 29, 2003 Filing 132 RESPONSE to Amicus Curiae Motion re #118 MOTION for Hearing to Consider Appointment of Ad Litem Attorney for Barbara Hidalgo filed by Barbara Franco Hidalgo, David Hildago. (djs, )
September 25, 2003 Filing 131 BRIEF IN SUPPORT of Motion by Amicus Curiae for Hearing to Consider Appointment of Ad Litem Attorney for Barbara Franco Hidalgo re #118 MOTION for Hearing filed by Eulojio Franco, Lydia Franco, Manuel Franco, Pauline Franco, Theresa Franco Rodriguez. (exhibits not imaged) (djs)
September 22, 2003 Filing 130 Defendant's RESPONSE to Amicus Curiae #118 MOTION for Hearing to Consider Appointment of Ad Litem Attorney for Barbara Franco Hidalgo filed by Coca Cola Enterprises, Inc. (djs, )
September 15, 2003 Opinion or Order Filing 129 ORDER VACATING TRIAL SETTING: Defendant's motion filed 9/11/03 to vacate the 9/22/03 trial setting is granted and that trial setting is hereby vacated. The Court by further order will notify the parties of the date for any hearings necessary for consideration of the settlement. Motions terminated: #128 MOTION to Remove Plaintiff Lydia Franco from the Trial Docket filed by Lydia Franco, #123 MOTION to Remove David Hidalgo and Barbara Hidalbo, Individually and as Next Friend of Ravan Hidalgo, a Minor from the Trial Docket filed by Barbara Franco Hidalgo, David Hildago, #127 MOTION for Hearing MOTION for Removal of Case From Trial Docket filed by Coca Cola Enterprises, Inc. (Signed by Judge Mary Lou Robinson on 9/12/03) (djs, )
September 12, 2003 Filing 128 MOTION to Remove Plaintiff Lydia Franco from the Trial Docket by Lydia Franco (djs, )
September 11, 2003 Filing 127 MOTION for Removal of Case From Trial Docket, and MOTION for Hearing to Approve Minor Settlement by Coca Cola Enterprises, Inc (djs, )
September 5, 2003 Opinion or Order Filing 126 ORDER TO FILE AGREED STIPULATION ON EXHIBITS: All parties in the above action are ordered to confer and file by 9/15/03, an agreed stipulation as to the authenticity and admissibility of all exhibits to be offered at trial in this cause. (Signed by Judge Mary Lou Robinson on 9/5/03) (djs, )
September 5, 2003 Filing 125 NOTICE of Change of Address by J Steven Sharp. New address is: Sharp & Co., PO Box 9617, Amarillo, TX 79105 (djs, )
September 3, 2003 Filing 124 Alternative Dispute Resolution Summary filed by Mediator Katrina Rogers. Attorneys in Attendance: Steven Sharp, Brent Bahner, Andy Bergman, Benjamin Escobar, Tom Buckley. Prv Fee: $1,500.00. Disposition: In ADR, DNS.(sas, )
September 2, 2003 Filing 123 MOTION to Remove David Hidalgo and Barbara Hidalgo, Individually and as Next Friend of Ravan Hidalgo, a Minor from the Trial Docket by Barbara Franco Hidalgo, David Hildago (djs, )
August 28, 2003 Filing 122 FIRST AMENDED RULE 26(a)(3) DISCLOSURES by Barbara Franco Hidalgo, David Hildago. Amendment to #121 Rule 26(A)(3) Disclosures. (djs, )
August 28, 2003 Filing 121 RULE 26(A)(3) DISCLOSURES filed by Barbara Franco Hidalgo, David Hildago, Individually, and as Next Friends of Raven Hidalgo (djs, )
August 28, 2003 Filing 120 Minute Entry for proceedings held before Judge Mary Lou Robinson : Telephone Conference held on 8/27/03. (Court Reporter Stacy Morrison.) (sas, )
August 22, 2003 Filing 119 DEFENDANT'S RULE 26(a)(3) PRETRIAL DISCLOSURES filed by Coca Cola Enterprises, Inc (djs, )
August 22, 2003 Filing 118 MOTION by Amicus Curiae for Hearing to Consider Appointment of Ad Litem Attorney for Barbara Franco Hidalgo by Theresa Franco Rodriguez, Pauline Franco, Eulojio Franco, Lydia Franco, Manuel Franco (djs, )
August 20, 2003 Opinion or Order SEPTEMBER PRETRIAL NOTICE AND ORDER Bench Trial set for 9/23/2003 09:00 AM before Judge Mary Lou Robinson. Docket Call set for 9/22/2003 09:30 AM before Judge Mary Lou Robinson. Proposed Pretrial Order due by 9/8/2003. (Signed by Judge Mary Lou Robinson on 8/20/03) (djs, )
July 29, 2003 Opinion or Order Filing 117 ORDER Conditionally granting #116 Motion to Extend Mediation Deadline. The parties are ordered to complete all discovery necessary for meaningful settlement negotiations and to be fully prepared to mediate this case by 8/27/03. On that condition this motion is granted. (Signed by Judge Mary Lou Robinson on 7/29/03) (djs)
July 28, 2003 Filing 116 MOTION for Leave to Mediate Claims in August by Coca Cola Enterprises, Inc (djs, )
July 24, 2003 Filing 115 NOTICE OF DFT'S WITHDRAWAL by Coca Cola Enterprises, Inc re #112 MOTION for Protective Order (plh, )
July 18, 2003 Filing 114 Appendix in Support re #112 MOTION for Protective Order filed by Coca Cola Enterprises, Inc. (djs, )
July 18, 2003 Filing 113 BRIEF in Support re #112 MOTION for Protective Order filed by Coca Cola Enterprises, Inc. (djs, )
July 18, 2003 Filing 112 MOTION for Protective Order by Coca Cola Enterprises, Inc (djs, )
May 12, 2003 Filing 111 Joint Settlement Conference STATUS REPORT by Coca Cola Enterprises, Inc, Lydia Franco, Barbara Franco Hidalgo, David Hildago. (djs, )
May 2, 2003 Filing 110 NOTICE of Mediator by Coca Cola Enterprises, Inc. Barbara Franco Hidalgo and David Hidalgo, Individually and as Next Friend of Ravin Hidalgo, a minor, and dft will mediate with Susan S. Soussan in Houston TX on 7/23/03. Lydia Franco and dft will mediate with Ross Hostetter in Dallas TX on 6/27/03. (djs, )
April 24, 2003 Opinion or Order Filing 109 ORDER REFERRING CASE to ADR. Type of ADR: non-binding mediation. (Signed by Judge Mary Lou Robinson on 4/23/03) (djs, )
April 24, 2003 Opinion or Order Filing 108 ORDER - On 4/23/03 the Court conducted a hearing on the Hidalgo plaintiffs' motion to set aside their waiver of claims for punitive damages and Defendant's counter motion to enforce the stipulation and waiver. At the hearing counsel for David and Barbara Hidalgo abandoned the motion insofar as it sought to set aside their waiver of claims for punitive damages. The Balance of the Plaintiffs' motion, and the Defendant's counter #105 Motion to enforce stipulation and waiver, are denied without prejudice to this issue being reurged on behalf of Ravin Hidalgo, a minor, after the conclusion of mediated settlement conference(s) in this case. Bill Cornett's motion to withdraw as counsel is granted. Hereafter all notices in this cause shall be served on Steve Sharp as counsel for plaintiff Lydia Franco; John Lozano as counsel for plaintiffs David and Barbara Hidalgo, Individually and as next Friend of Ravin Hidalgo, a minor; Sally Holt Emerson, guardian ad litem for Ravin Hidalgo; and Vance Ivy, designated lead counsel for dft Coca-Cola Enterprises Inc. (Signed by Judge Mary Lou Robinson on 4/23/03) (djs, )
April 24, 2003 Filing 107 Minute Entry for proceedings held before Judge Mary Lou Robinson : Motion Hearing held on 4/23/03 re #105 Motion for Miscellaneous Relief filed by Coca Cola Enterprises, Inc. Exhibits placed in Ex closet (Court Reporter Stacy Morrison.) (sas, )
April 18, 2003 Opinion or Order Filing 106 ORDER SETTING HEARING ON MOTIONS: Motion Hearing set for 4/23/2003 10:00 AM before Mary Lou Robinson. Hearing on Hidalgo plaintiffs' motion to set aside the waiver of their claims for punitive damages and dft's counter motion to enforce the parties' stipulation and waiver of punitive damages. (Signed by Judge Mary Lou Robinson on 4/17/03) (djs, )
April 15, 2003 Filing 105 MOTION to enforce stipulation and response to plaintiffs' motion to set aside stipulation by Coca Cola Enterprises, Inc (exhibits not imaged) (djs, )
April 15, 2003 Motion to enforce stipulation and RESPONSE to Motion re #88 MOTION to Set Aside 14 stipulation filed by Coca Cola Enterprises, Inc. (included in Doc #105) (djs, )
March 21, 2003 Opinion or Order Filing 104 JUDGMENT This is a final Judgment as it concerns the claims of Manwelet Franco and Manuel Franco, and all relief not expressely granted herein is denied. It is ordered that nothing in this judgment shall affect the claims of the other Plaintiffs, Lydia Franco, Barbara Hidalgo, David Hidalgo, and Ravin Hidalgo. such claims shall remain on the docket of the Court and shall be addressed by separate order(s). (see order for specifics) (Signed by Judge Mary Lou Robinson on 3/21/03) (djs, )
March 21, 2003 Filing 103 AFFIDAVIT of J. STEVEN SHARP attorney for plaintiffs Lydia Franco, Manuel Franco, Manwelet Franco, Barbara Franco Hidalgo, David Hildago. (jeh, )
March 13, 2003 Filing 102 Plaintiffs' RESPONSE to Defendant's Motion re #100 MOTION for Extension of Time to File Response/Reply filed by Barbara Franco Hidalgo, David Hildago. (djs, )
March 12, 2003 Opinion or Order Filing 101 ORDER granting #100 Motion to Extend Time to File Response to motion to set aside plaintiffs', Barbara Franco Hidalgo and David Hidalgo, individually, and as next friend of Ravin Hidalgo, a minor, waiver of claims for punitive damages. Defendant's response due 4/15/03. (Signed by Judge Mary Lou Robinson on 3/11/03) (djs, )
March 11, 2003 Filing 100 MOTION for Extension of Time to File Response to motion to set aside plaintiffs', Barbara Franco Hidalgo and David Hidalgo, indiviudally and as next friend of Ravin Hidalgo, a minor, waiver of claims for punitive damages by Coca Cola Enterprises, Inc (djs, )
March 10, 2003 Filing 99 AFFIDAVIT of J STEVEN SHARP. (djs, )
March 7, 2003 Filing 98 Minute Entry for proceedings held before Judge Mary Lou Robinson : Telephone Conference held on 3/7/03 in chambers. (2:00-2:40) (Court Reporter Stacy Morrison.) (plh, )
March 7, 2003 Opinion or Order Filing 97 ORDER: This case having been announced settled in mediation, subject to the approval of the Court, all pending motions are moot and will not be ruled upon by the Court. The Clerk will terminate all pending motions. Any party wishing to reurge any motion must promptly so inform the Court. Motions terminated: 67 Motion to Withdraw as Attorney filed by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago, 65 Motion for Reconsideration filed by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago, #90 MOTION to Amend/Correct #5 Scheduling Order,, filed by Barbara Franco Hidalgo, David Hildago, 79 Motion to StayMotion to Amend/Correct filed by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago, 35 Motion for Miscellaneous Relief filed by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago, 36 Motion for Miscellaneous Relief filed by Coca Cola Enterprises, Inc, 42 Motion for Miscellaneous Relief filed by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago, #88 MOTION to Set Aside 14 Remark filed by Barbara Franco Hidalgo, David Hildago. (Signed by Judge Mary Lou Robinson on 3/6/03) (djs, )
February 28, 2003 Opinion or Order Filing 96 ORDER granting as follows #95 Motion for release of funds. It is ordered that - The Bank of America is authorized to release to Coca-Cola Enterprises Inc such amount that is necessary to purchase an annuity that shall pay $10,000 per month, guaranteed for 10 years. Coca-Cola Enterprises Inc is ordered to purchase for its own account an annuity from American General Life Insurance Company that shall pay $10,000 per month guaranteed for 10 years. It is further ordered that Manwelet Franco be designated as the beneficiary for such annuity. The parties are authorized to use such procedures as shall expedite the purchase of said annuity. If a purchase cannot be completed by 2/28/03, this order shall expire by its own terms. (Signed by Judge Mary Lou Robinson on 2/28/03) (djs, )
February 28, 2003 Filing 95 Unopposed MOTION for release of funds by Coca Cola Enterprises, Inc, Manuel Franco, Manwelet Franco (djs, )
February 21, 2003 Filing 94 Minute Entry for proceedings held before Judge Mary Lou Robinson : Settlement Hearing held on 2/20/03. Exhibits placed in Ex closet (2:00-4:45 pm) (Court Reporter Stacy Morrison.) (djs, )
February 21, 2003 Filing 93 NOTICE of entry of appearance of counsel of Mary Alice McLarty by Barbara Franco Hidalgo, David Hildago (djs, )
February 21, 2003 Filing 92 NOTICE of entry of appearance of counsel by S. Brent Bahner by Lydia Franco, Manuel Franco, Manwelet Franco (djs, )
February 21, 2003 Opinion or Order Filing 91 Application and Order for appearance pro hac vice by S Brent Bahner for Manwelet Franco; Lydia Franco and Manuel Franco. Receipt #37380. (Signed by Judge Mary Lou Robinson on 2/20/03) (djs, )
February 20, 2003 Filing 90 MOTION to Modify Lapsed #5 Scheduling Order, by Barbara Franco Hidalgo, David Hildago (djs, )
February 20, 2003 Filing 89 Brief in Support re #88 MOTION to Set Aside 14 waiver of claims for punitive damages filed by Barbara Franco Hidalgo, David Hildago. (djs, )
February 20, 2003 Filing 88 MOTION to Set Aside Plaintiffs', Barbara Franco Hidalgo and David Hidalgo, Individually and as next friend of Ravin Hidalgo, a minor, 14 waiver of claims for punitive damages by Barbara Franco Hidalgo, David Hildago (djs, )
February 14, 2003 Filing 87 NOTICE of Change of Address by Vance Edward Ivy. New address is: Packard, Hood, Bednarz, Johnson & Ivy, LLP, 500 S Taylor, Suite 900, LB 223, Amarillo, TX 79101 (djs, )
January 10, 2003 Opinion or Order Filing 86 ORDER SETTING HEARING ON PROPOSED SETTLEMENT set settlement hearing for 2:00 2/20/03 (Signed by Judge Mary L. Robinson) Copies to counsel: 1/10/03 Page(s) 1 (djs)
December 9, 2002 Filing 85 NOTICE of attorney appearance for plaintiff Barbara Franco Hidalgo and plaintiff David Hildago, individually, and as next friend of Ravin Hidalgo by John M Lozano (3) (djs)
December 5, 2002 Filing 84 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Guardian Ad Litem for Ravin Hidalgo, a minor (2) (djs)
December 5, 2002 Filing 83 SUPPLEMENTAL DOCUMENT "Complaint of Guardian Ad Litem" to [1-1] complaint (2) (djs)
November 13, 2002 Opinion or Order Filing 82 ORDER for appointment of Sally Holt Emerson as guardian ad litem for plaintiff Ravin Hidalgo, a minor ( Signed by Judge Mary L. Robinson ) Copies to counsel: 11/13/02 Page(s) 2 (djs)
November 13, 2002 Opinion or Order Filing 81 ORDER for appointment of John T Smithee as attorney ad litem for plaintiff Manwelet Franco ( Signed by Judge Mary L. Robinson ) Copies to counsel: 11/13/02 Page(s) 2 (djs)
October 10, 2002 Filing 80 Supplemental Designation of Expert Witnesses by defendant (18) (djs)
October 4, 2002 Filing 79 UNOPPOSED MOTION by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago to stay discovery , and to amend [69-1] Scheduling order (6) (plh)
October 3, 2002 Opinion or Order Filing 78 ORDER denying [77-1] motion to dismiss on stipulation and notice of partial dismissal without prejudice to it being reurged after the Court has conducted a hearing on the proposed settlement of the claims asserted herein by plaintiffs Manwelet and Manuel Franco. (Signed by Judge Mary L. Robinson) Copies to counsel: 10/3/02 Page(s) 2 (djs)
September 30, 2002 Filing 77 MOTION by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago to dismiss on stipulation and notice of partial dismissal (5) (plh)
September 30, 2002 Opinion or Order Filing 76 ORDER Before the Court is a pleading filed by plaintiffs entitled "Stipulation of and Notice of Partial Dismissal" Because dismissal of the claims of the minor plaintiff in this case, even if done without prejudice, may adversely affect his interests in this case, the Court will not rule upon this motion until after it has appointed one or more attorneys ad litem and conducted a hearing on this motion. (Signed by Judge Mary L. Robinson) Copies to counsel: 9/30/02 Page(s) 1 (djs)
September 26, 2002 Filing 75 RESPONSE by defendant in opposition to plaintiffs' [74-1] stipulation of and notice of partial dismissal (12) (djs)
September 25, 2002 Filing 74 STIPULATION of and notice of partial dismissal (3) (djs)
September 19, 2002 Filing 73 RESPONSE by plaintiff to [71-1] motion to extend time (modification) of defendant's expert designation deadlines (4) (djs)
September 17, 2002 Opinion or Order Filing 72 ORDER granting [71-1] motion to extend time (modification) of defendant's expert designation deadlines. Accordingly, the Court orders that the parties opposing affirmative relief file their written designation of expert witnesses by 10/10/02 and provide Rule 26(a)(2) disclosures to all other parties by 10/24/02. (Signed by Judge Mary L. Robinson ) Copies to counsel: 9/17/02 Page(s) 1 (djs)
September 13, 2002 Filing 71 MOTION by defendant to extend time (modification) of defendant's expert designation deadlines (4) (djs)
August 28, 2002 Opinion or Order Filing 70 ORDER - Before the Court is Plaintiffs' stipulation and notice, filed 8/2/02, moving for a partial dismissal of the pltfs in this case. Pltfs in their 8/27/02 status report having withdrawn their request for a partial dismissal, the Court will not rule on the relief requested. (Motion termed: [64-1] stipulation ) ( Signed by Judge Mary L. Robinson ) Copies to counsel: 8/28/02 Page(s) 1 (jeh)
August 28, 2002 Opinion or Order Filing 69 AMENDED RULE 16 SCHEDULING ORDER - Parties shall be ready for trial by 12/23/02. Setting Joining of Parties on 9/13/02; Amending of Pleadings on 10/18/02; Discovery cutoff 10/28/02; Deadline for filing of dispositive motions, except motions in limine, 11/1/02; Motions for summary judgment 10/31/02; Pretrial materials, designation of expert witnesses, due on 9/20/02 by parties seeking affirmative relief and due 9/20/02 by parties opposing affirmative relief; Rule 26(a)(3) disclosures due by 11/29/02(Signed by Judge Mary L. Robinson ) Copies to counsel: 8/28/02 Page(s): 3 (jeh)
August 27, 2002 Filing 68 STATUS REPORT by plaintiffs (25) (djs)
August 21, 2002 Filing 67 MOTION by plaintiff for Bill Cornett to withdraw as attorney (12) (djs)
August 9, 2002 Filing 66 STATUS REPORT by defendant Coca Cola Enterprise (6) (djs)
August 5, 2002 Filing 65 MOTION by plaintiff for reconsideration of [58-1] order (jeh)
August 2, 2002 Filing 64 STIPULATION of and notice of partial dismissal by plaintiff Barbara Franco Hidalgo, plaintiff David Hildago, plaintiff Lydia Franco (2) (djs)
August 2, 2002 Filing 63 STIPULATION of dismissal without prejudice (63) (djs)
July 24, 2002 Filing 62 Supplemental Disclosures Federal Rules of Civil Procedure, Section 26(a)(1), 26(a)(2) by plaintiffs (11) (jeh)
July 16, 2002 Filing 61 Subpoena issued for deposition as to TERRY JOE JONES, 2010 Glendale, Abilene, TX by plaintiffs (1) (djs)
July 16, 2002 Filing 60 NOTICE by plaintiff to take oral deposition of TERRY JOE JONES 7/29/02 at 10:00 in Abilene TX (3) (djs)
July 10, 2002 Opinion or Order Filing 59 ORDER denying [39-1] motion to compel (Signed by Judge Mary L. Robinson) Copies to counsel: 7/10/02 Page(s) 1 (djs)
July 10, 2002 Opinion or Order Filing 58 ORDER denying [41-1] motion for continuance (Signed by Judge Mary L. Robinson) Copies to counsel: 7/10/02 Page(s) 1 (djs)
July 10, 2002 Opinion or Order Filing 57 ORDER DENYING MOTION TO DESIGNATE ADDITIONAL EXPERT denying [50-1] motion for leave to designate Robert Shavelle a testifying expert (Signed by Judge Mary L. Robinson) Copies to counsel: 7/10/02 Page(s) 1 (djs)
July 5, 2002 Filing 56 RESPONSE by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago to [36-1] motion to exclude or limit the expert opinion evidence of Dr. Alex Willingham and Dan Bagwell (144) (Bound Separately) (plh)
July 5, 2002 Filing 55 NOTICE of INTENT TO WITHDRAW PLTF'S MOTION TO EXCLUDE OR LIMIT THE OPINION EVIDENCE OF DR. MILTON THOMAS by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago (2) (plh)
July 5, 2002 Filing 54 RESPONSE by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago to [41-1] motion for continuance (5) (plh)
July 5, 2002 Filing 53 RESPONSE by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago to [39-1] motion to compel (6) (plh)
July 3, 2002 Opinion or Order Filing 52 ORDER granting defendant's unopposed [49-1] motion to extension of discovery deadline and deadline for Rule 26(a)(3) disclosures reset scheduling order deadlines: Discovery deadline on 8/5/02 Signed by Judge Mary L. Robinson ) Copies to counsel: 7/3/02 Page(s) 1 (djs)
July 1, 2002 Filing 51 APPENDIX by defendant in support of [50-1] motion for leave to designate Robert Shavelle a testifying expert (58) (djs)
July 1, 2002 Filing 50 MOTION by defendant for leave to designate Robert Shavelle a testifying expert (7) (djs)
July 1, 2002 Filing 49 Unopposed MOTION by defendant to extension of discovery deadline and deadline for Rule 26(a)(3) disclosures (5) (djs)
June 28, 2002 Filing 48 APPENDIX by defendant in support of [47-1] motion response to plaintifff's motion to take judicial notice of facts (122) (djs)
June 28, 2002 Filing 47 RESPONSE by defendant to [42-1] motion for judicial notice (7) (djs)
June 20, 2002 Filing 46 Designation of Annuity Expert by defendant (3) (djs)
June 18, 2002 Opinion or Order Filing 45 ORDER FOR RESPONSE TO MOTION TO COMPEL Plaintiffs will file their Response to [39-1] motion to compel on or before 20 days from the date of this order (signed by Judge Mary L. Robinson ) Copies to counsel: 6/19/02 Page(s) 1 (djs)
June 18, 2002 Filing 44 SUPPLEMENTAL DOCUMENT "addendum" to [42-1] motion for judicial notice by plaintiff (3) (djs)
June 18, 2002 Filing 43 MEMORANDUM by plaintiff in support of [34-1] motion to exclude expert witness or limit the expert opinion evidence of Dr. Milton Thomas (17) (djs)
June 18, 2002 Filing 42 MOTION by plaintiff for judicial notice (7) (djs)
June 17, 2002 Filing 41 MOTION by defendant for continuance (6) (djs)
June 17, 2002 Filing 35 "Brief in support of" MOTION by plaintiff to take judicial notice of facts (9) (djs)
June 17, 2002 Filing 40 SUPPLEMENTAL DOCUMENT "addendum" to [34-1] motion to exclude expert witness by plaintiffs (3) (djs)
June 17, 2002 Filing 39 MOTION with memorandum in support by defendant to compel (44) NOD (djs)
June 17, 2002 Filing 38 APPENDIX by defendant in support of [36-1] motion to exclude or limit the expert opinion evidence of Dr. Alex Willingham and Dan Bagwell (332) (djs)
June 17, 2002 Filing 37 MEMORANDUM by defendant in support of [36-1] motion to exclude or limit the expert opinion evidence of Dr. Alex Willingham and Dan Bagwell (9) (djs)
June 17, 2002 Filing 36 MOTION by defendant to exclude or limit the expert opinion evidence of Dr. Alex Willingham and Dan Bagwell (6) (djs) Modified on 06/17/2002
June 17, 2002 Filing 34 MOTION by plaintiffs to exclude expert witness (4) (djs)
June 12, 2002 Filing 33 STIPULATION by plaintiffs, defendant (1) (djs)
June 6, 2002 Filing 32 First amended ANSWER by defendant to amended complaint (5) (djs)
June 5, 2002 Filing 31 NOTICE of attorney appearance for defendant Coca Cola Enterprise by Benjamin A Escobar Jr, Brit T Brown (2) (djs)
June 4, 2002 Filing 30 NOTICE of attorney appearance for plaintiff by J Steven Sharp (2) (djs)
June 4, 2002 Filing 29 First AMENDED COMPLAINT by plaintiffs, amending [1-1] complaint (8) (djs)
June 4, 2002 Opinion or Order Filing 28 ORDER GRANTING PLAINTIFFS' LEAVE TO FILE FIRST AMENDED COMPLAINT granting [25-1] motion to amend [1-1] complaint (Signed by Judge Mary L. Robinson) Copies to counsel: 6/4/02 Page(s) 1 (djs)
June 3, 2002 Filing 27 NOTICE by plaintiffs that plaintiffs' motion for leave to file amended complaint is unopposed (2) (djs)
May 31, 2002 Filing 26 Designation of Annuity Experts by plaintiffs (3) (djs)
May 31, 2002 Filing 25 MOTION by plaintiff for leave to amend [1-1] complaint (11) (djs)
May 24, 2002 Filing 24 SECOND SUPPLEMENTAL DOCUMENT to [18-1] designation of experts by plaintiffs (19) (plh)
May 22, 2002 Opinion or Order Filing 23 ORDER granting [22-1] motion for modification of discovery deadlines ( Signed by Judge Mary L. Robinson ) Copies to counsel: 5/22/02 Page(s) 2 (djs)
May 10, 2002 Filing 22 UNOPPOSED MOTION by Manwelet Franco, Manuel Franco, Lydia Franco, Barbara Franco Hidalgo, David Hildago for modification of discovery deadlines (5) (plh)
April 26, 2002 Filing 21 Designation of Experts by defendant Coca Cola Enterprise (22) (djs)
April 10, 2002 Filing 20 NOTICE of mediator by defendant Coca Cola Enterprise (2) (djs)
April 8, 2002 Opinion or Order Filing 19 ORDER granting [17-1] motion to extend time for mediation (Signed by Judge Mary L. Robinson) Copies to counsel: 4/9/02 Page(s) 3 (djs)
April 5, 2002 Filing 18 First Supplemental Designation of Experts by plaintiff (16) (djs)
April 3, 2002 Filing 17 UNOPPOSED MOTION by Coca Cola Enterprise to extend time for mediation (3) (plh)
March 25, 2002 Opinion or Order Filing 16 ORDER referring case to ADR; Type of ADR: non-binding mediation Requested by: Court (Signed by Judge Mary L. Robinson) Copies to counsel: 3/26/02 (with ADR form) Page(s): 3 (djs)
March 20, 2002 Filing 15 Agreed joint statement to the jury by plaintiffs, defendant (1) (djs)
March 20, 2002 Filing 14 Defendant's stipulation of liability and plaintiffs' waiver of claims for punitive damages (2) (djs)
March 7, 2002 Filing 13 Joint Settlement STATUS REPORT by plaintiffs, defendant (2) (djs)
February 21, 2002 Opinion or Order Filing 12 ORDER granting defendant's [11-1] motion to extend time of expert designation deadlines reset scheduling order deadlines: Pretrial materials (designation of experts) due 4/5/02 by parties seeking affirmative relief and due 4/26/02 by parties opposing affirmative relief (Signed by Judge Mary L. Robinson) Copies to counsel: 2/21/02 Page(s) 1 (djs)
February 20, 2002 Filing 11 MOTION by defendant to extend time of expert designation deadlines (11) (djs)
February 13, 2002 Opinion or Order Filing 10 ORDER DENYING MOTION TO MODIFY SCHEDULING ORDER denying [6-1] motion for rule 16 scheduling conference, denying [6-2] motion to extend time (modification) of original rule 16 scheduling order (Signed by Judge Mary L. Robinson) Copies to counsel: 2/13/02 Page(s) 1 (djs)
February 8, 2002 Filing 9 STIPULATION by plaintiffs, defendant (2) (djs)
February 4, 2002 Filing 8 Designation of Experts by plaintiffs (16) (djs)
December 14, 2001 Filing 7 RESPONSE (objection) by plaintiff to [6-1] motion for rule 16 scheduling conference or in the alternative [6-2] motion to extend time (modification) of original rule 16 scheduling order (5) (djs)
December 12, 2001 Filing 6 MOTION by defendant for rule 16 scheduling conference , or in the alternative to extend time (modification) of original rule 16 scheduling order (3) NOD (djs)
November 26, 2001 Opinion or Order Filing 5 SCHEDULING ORDER - the parties shall be ready for trial by 8/5/02. Counsel shall file a joint report setting forth the status of settlement negotiations by 3/8/02. Setting Joining of Parties on 1/18/02; Amending of Pleadings on 5/31/02; Discovery cutoff 6/3/02; Deadline for filing of dispositive motions, except motions in limine, 6/17/02; Motions for summary judgment 6/3/02; Pretrial materials, designation of expert witnesses, due on 2/4/02 by parties seeking affirmative relief and due 2/25/02 by parties opposing affirmative relief; Rule 26(a)(3) disclosures is 7/8/02; (Signed by Judge Mary L. Robinson ) Copies to counsel: 11/26/01 Page(s): 3 (jeh)
November 21, 2001 Filing 4 ANSWER to Complaint by defendant (6) (djs)
November 13, 2001 Filing 3 WAIVER OF SERVICE Returned Executed as to Coca Cola Enterprise 11/12/01 Answer due on 1/11/02 for Coca Cola Enterprise (2) (djs)
November 13, 2001 Filing 2 CERTIFICATE OF INTERESTED PERSONS by plaintiffs (2) (djs)
November 9, 2001 Filing 1 COMPLAINT filed; Filing Fee $ 150.00 Receipt # 35270 (6) (djs)

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Search for this case: Franco, et al v. Coca Cola Enterprise
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Plaintiff: Manwelet Franco
Represented By: J Steven Sharp
Represented By: S Brent Bahner
Represented By: William H Cornett
Represented By: John T Smithee
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Plaintiff: Manuel Franco
Represented By: J Steven Sharp
Represented By: S Brent Bahner
Represented By: William H Cornett
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Plaintiff: Lydia Franco
Represented By: J Steven Sharp
Represented By: S Brent Bahner
Represented By: William H Cornett
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Plaintiff: Barbara Franco Hidalgo
Represented By: J Steven Sharp
Represented By: William H Cornett
Represented By: Mary Alice McLarty
Represented By: John M Lozano
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Plaintiff: David Hidalgo
Represented By: J Steven Sharp
Represented By: William H Cornett
Represented By: Mary Alice McLarty
Represented By: John M Lozano
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Defendant: Coca Cola Enterprises, Inc
Represented By: Benjamin A Escobar, Jr
Represented By: Brit T Brown
Represented By: Vance Ivy
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Not classified by court: John E Simpson
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Not classified by court: Katrina Rogers
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Not classified by court: Mediator Susan S Soussan
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Not classified by court: Ross Hostetter
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Petitioner: Mary Alice McLarty
Represented By: Joe L Lovell
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Petitioner: J Steven Sharp
Represented By: Andrew A Bergman
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Petitioner: Eulojio Franco
Represented By: J Steven Sharp
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Petitioner: Theresa Franco Rodriguez
Represented By: J Steven Sharp
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Petitioner: John Lozano
Represented By: Joe L Lovell
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Petitioner: Pauline Franco
Represented By: J Steven Sharp
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Not yet classified: Sally Emerson
Represented By: Sally Holt Emerson
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