Drake v. Safeway Inc et al
Plaintiff: E Drake and Eric Von Drake
Defendant: Alle Processing Corporation, Maspeth Kosher Food LLC, Safeway Inc, Cerberus Capital Management, A & L Foods and Sedgwick Claims Management Services Inc
Case Number: 3:2019cv02002
Filed: August 21, 2019
Court: US District Court for the Northern District of Texas
Office: Dallas Office
Presiding Judge: David C Godbey
Referring Judge: Renee Harris Toliver
Nature of Suit: Torts/Pers Inj: Product Liability
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2019 Filing 31 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter/electronically. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) (ykp)
August 21, 2019 Filing 30 Case electronically transferred in from District of California Northern; Case Number 3:19-cv-00048. 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.
August 20, 2019 Opinion or Order Filing 29 ORDER GRANTING #2 IFP APPLICATION AND ADOPTING #21 REPORT AND RECOMMENDATION. Signed by Judge Alsup. (whalc2, COURT STAFF) (Filed on 8/20/2019) [Transferred from California Northern on 8/21/2019.]
August 20, 2019 Remark: Case Transferred to Northern District of Texas (amgS, COURT STAFF) (Filed on 8/20/2019) [Transferred from California Northern on 8/21/2019.]
April 2, 2019 Opinion or Order Filing 25 ORDER of USCA (amgS, COURT STAFF) (Filed on 4/2/2019) [Transferred from California Northern on 8/21/2019.]
April 1, 2019 Filing 28 returned as undeliverable re #21 Report and Recommendations,,, Order Reassigning Case,,. (amgS, COURT STAFF) (Filed on 4/1/2019) [Transferred from California Northern on 8/21/2019.]
April 1, 2019 Filing 27 returned as undeliverable re #4 Order to Show Cause,. (amgS, COURT STAFF) (Filed on 4/1/2019) [Transferred from California Northern on 8/21/2019.]
April 1, 2019 Filing 26 returned as undeliverable re #23 Certificate of Service, #22 Order Reassigning Case,, Case Assigned/Reassigned,. (amgS, COURT STAFF) (Filed on 4/1/2019) [Transferred from California Northern on 8/21/2019.]
March 11, 2019 Filing 24 returned as undeliverable re #10 Order to Show Cause,. (amgS, COURT STAFF) (Filed on 3/11/2019) [Transferred from California Northern on 8/21/2019.]
March 11, 2019 Filing 23 CERTIFICATE OF SERVICE re: #22 Order Reassigning Case. (ajsS, COURT STAFF) (Filed on 3/11/2019) [Transferred from California Northern on 8/21/2019.]
March 11, 2019 Opinion or Order Filing 22 ORDER REASSIGNING CASE. Case reassigned to Judge William Alsup for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Signed by the Clerk on 03/11/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 3/11/2019) [Transferred from California Northern on 8/21/2019.]
March 11, 2019 Opinion or Order Filing 21 ORDER REASSIGNING CASE, REPORT AND RECOMMENDATIONS re #9 Amended Complaint filed by E. Drake, #18 MOTION to Stay filed by E. Drake, #12 MOTION for Recusal filed by E. Drake, #13 MOTION to Withdraw #6 Consent/Declination to Proceed Before a US Magistrate Judge filed by E. Drake. Objections due by 3/25/2019. Signed by Magistrate Judge Donna M. Ryu on 3/11/2019. (dmrlc1, COURT STAFF) (Filed on 3/11/2019) (Additional attachment(s) added on 3/11/2019: #1 Certificate/Proof of Service) (igS, COURT STAFF). [Transferred from California Northern on 8/21/2019.]
February 25, 2019 Filing 20 Mail sent to E. Drake returned as undeliverable. (jmlS, COURT STAFF) (Filed on 2/25/2019) [Transferred from California Northern on 8/21/2019.]
February 21, 2019 Filing 16 CERTIFICATE OF SERVICE re #10 Order to Show Cause. **Mail sent to address listed on envelope of Plaintiff's documents. (jjbS, COURT STAFF) (Filed on 2/21/2019) [Transferred from California Northern on 8/21/2019.]
February 21, 2019 CD returned to Plaintiff at address listed on docket re #19 letter. (jjbS, COURT STAFF) (Filed on 2/21/2019) [Transferred from California Northern on 8/21/2019.]
February 20, 2019 Filing 15 Mail sent to E. Drake returned as undeliverable re #10 Order to Show Cause. (jjbS, COURT STAFF) (Filed on 2/20/2019) [Transferred from California Northern on 8/21/2019.]
February 19, 2019 Filing 19 Letter from E. V. Drake re #17 Response and #18 Motion. (jjbS, COURT STAFF) (Filed on 2/19/2019) [Transferred from California Northern on 8/21/2019.]
February 19, 2019 Filing 18 MOTION to Stay Above Cause of Action Pending Ninth Circuit Decision of Plaintiff's Mandamus filed by E. Drake. Responses due by 3/5/2019. Replies due by 3/12/2019. (jjbS, COURT STAFF) (Filed on 2/19/2019) [Transferred from California Northern on 8/21/2019.]
February 19, 2019 Filing 17 Response to #10 Second Order to Show Cause byE. Drake. (Attachments: #1 Envelope)(jjbS, COURT STAFF) (Filed on 2/19/2019) [Transferred from California Northern on 8/21/2019.]
February 15, 2019 Filing 12 MOTION for Recusal filed by E. Drake. Responses due by 3/1/2019. Replies due by 3/8/2019. (Attachments: #1 A & 1A, #2 Proposed Order, #3 Envelope)(jjbS, COURT STAFF) (Filed on 2/15/2019) [Transferred from California Northern on 8/21/2019.]
February 14, 2019 Filing 14 Letter from Eric Drake re #12 Motion for Recusal, #13 Motion to Withdraw. (jjbS, COURT STAFF) (Filed on 2/14/2019) [Transferred from California Northern on 8/21/2019.]
February 14, 2019 Filing 13 MOTION to Withdraw #6 Consent/Declination to Proceed Before a US Magistrate Judge filed by E. Drake. Responses due by 2/28/2019. Replies due by 3/7/2019. (Attachments: #1 Exhibit 1-2, #2 Envelope)(jjbS, COURT STAFF) (Filed on 2/14/2019) [Transferred from California Northern on 8/21/2019.]
February 13, 2019 Filing 11 USCA Case Number 19-70370 Ninth Circuit - petition for writ of mandamus (cpS, COURT STAFF) (Filed on 2/13/2019) [Transferred from California Northern on 8/21/2019.]
February 7, 2019 Opinion or Order Filing 10 SECOND ORDER TO SHOW CAUSE. Show Cause Response due by 2/22/2019. Signed by Magistrate Judge Donna M. Ryu on 2/7/2019. (dmrlc1S, COURT STAFF) (Filed on 2/7/2019) (Additional attachment(s) added on 2/7/2019: #1 Certificate/Proof of Service) (igS, COURT STAFF). [Transferred from California Northern on 8/21/2019.]
January 30, 2019 Filing 9 SECOND AMENDED COMPLAINT against Safeway Inc., Sedgwick Claims Management Services, Inc. Filed byE. Drake. (Attachments: #1 Letter Regarding Complaint, #2 Envelope)(jjbS, COURT STAFF) (Filed on 1/30/2019) [Transferred from California Northern on 8/21/2019.]
January 17, 2019 Filing 8 Partial MOTION for NonSuit filed by E. Drake. Responses due by 1/31/2019. Replies due by 2/7/2019. (Attachments: #1 Proposed Order, #2 Envelope)(jmlS, COURT STAFF) (Filed on 1/17/2019) [Transferred from California Northern on 8/21/2019.]
January 17, 2019 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by E. Drake. (Attachments: #1 Envelope)(jmlS, COURT STAFF) (Filed on 1/17/2019) [Transferred from California Northern on 8/21/2019.]
January 17, 2019 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by E. Drake.. (Attachments: #1 Envelope)(jmlS, COURT STAFF) (Filed on 1/17/2019) [Transferred from California Northern on 8/21/2019.]
January 17, 2019 Filing 5 AMENDED COMPLAINT against Safeway Inc., Sedgwick Claims Management Services, Inc.. Filed by E. Drake. (Attachments: #1 Envelope)(jmlS, COURT STAFF) (Filed on 1/17/2019) [Transferred from California Northern on 8/21/2019.]
January 8, 2019 Opinion or Order Filing 4 ORDER TO SHOW CAUSE: By no later than 1/18/2019, Plaintiff shall file a statement explaining why this case should not be transferred to the United States District Court for the Northern District of Texas. Signed by Magistrate Judge Donna M. Ryu on 1/8/19. (ig, COURT STAFF) (Filed on 1/8/2019) [Transferred from California Northern on 8/21/2019.]
January 3, 2019 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/27/2019. Initial Case Management Conference set for 4/3/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (Attachments: #1 Standing Order)(jjbS, COURT STAFF) (Filed on 1/3/2019) [Transferred from California Northern on 8/21/2019.]
January 3, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by E. Drake. (jjbS, COURT STAFF) (Filed on 1/3/2019) [Transferred from California Northern on 8/21/2019.]
January 3, 2019 Filing 1 COMPLAINT against A & L Foods, Alle Processing Corporation, Cerberus Capital Management, Maspeth Kosher Food, LLC, Safeway Inc., Sedgwick Claims Management Services, Inc. Filed byE. Drake. Consent/Declination due by 1/17/2019. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Envelope)(jjbS, COURT STAFF) (Filed on 1/3/2019) [Transferred from California Northern on 8/21/2019.]

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Plaintiff: E Drake
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Plaintiff: Eric Von Drake
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Defendant: Alle Processing Corporation
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Defendant: Maspeth Kosher Food LLC
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Defendant: Safeway Inc
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Defendant: Cerberus Capital Management
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Defendant: A & L Foods
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Defendant: Sedgwick Claims Management Services Inc
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