Miller et al v. Progress Rail Manufacturing Corp et al
| Omar Lopez, Phillip Pressler, Estate of Bruce Miller, Bonnie Miller and Baldomero Martinez |
| Progress Rail Manufacturing Corporation d/b/a Kershaw, Polivka International Company, Lone Star Industries, Inc. d/b/a Buzzi Unicem USA, Lone Star Industries Inc, Progress Rail Manufacturing Corp, Dallas Garland & Northeastern Railroad Inc, Lone Star Industries Inc doing business as Buzzi Unicem USA and Progress Rail Manufacturing Corp doing business as Kershaw |
| 3:2019cv02202 |
| September 13, 2019 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Civil Case Terminated per #31 Order. (twd) |
Filing 31
ORDER: The Court hereby sua sponte ORDERS that the above-styled and -numbered civil action be REMANDED back to the County Court at Law No. 1 of Dallas County, Texas. All pending motions are DENIED AS MOOT. (Ordered by Senior Judge Sam R Cummings on 6/22/2020) (axm)
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| Filing 30 MOTION to Dismiss for Lack of Jurisdiction /Subject Matter filed by Dallas Garland & Northeastern Railroad Inc with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Appendix, #2 Proposed Order Proposed Order, #3 Additional Page(s) Brief In Support)Attorney Wayne Lindsey Robbins, Jr added to party Dallas Garland & Northeastern Railroad Inc(pty:dft) (Robbins, Wayne) |
| Filing 29 MOTION to Remand filed by Omar Lopez, Baldomero Martinez, Bonnie Miller, Phillip Pressler (Attachments: #1 Proposed Order) (MacLeod, Ryan) |
| Filing 28 ANSWER to #23 Amended Complaint,, with Jury Demand filed by Polivka International Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Stanford, Timothy) |
| Filing 27 AMENDED ANSWER to #23 Amended Complaint with Jury Demand filed by Lone Star Industries Inc (Allen, Meredith) Modified on 6/4/2020 (ykp). |
| Filing 26 ANSWER to #23 Amended Complaint,, with Jury Demand filed by Progress Rail Manufacturing Corp. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Hauder, Bernie) |
| Filing 25 Summons Issued as to Dallas Garland & Northeastern Railroad Inc. (axm) |
| Filing 24 Request for Clerk to issue Summons In a Civil Action filed by Omar Lopez, Baldomero Martinez, Bonnie Miller, Phillip Pressler. (MacLeod, Ryan) |
| Filing 23 FIRST AMENDED COMPLAINT against Lone Star Industries Inc, Polivka International Company, Progress Rail Manufacturing Corp filed by Bonnie Miller, Phillip Pressler, Omar Lopez, Baldomero Martinez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (aaa) |
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Filing 22
ORDER granting #21 Unopposed Motion for Leave to File Plaintiffs' First Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 5/26/2020) (aaa)
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| Filing 21 Unopposed MOTION for Leave to File Plaintiffs' First Amended Complaint filed by Omar Lopez, Baldomero Martinez, Bonnie Miller, Phillip Pressler (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (MacLeod, Ryan) |
| Filing 20 NOTICE of Serving Objection filed by Progress Rail Manufacturing Corp (Attachments: #1 Exhibit(s) A) (Hauder, Bernie) |
| Filing 19 ANSWER to Complaint with Jury Demand filed by Polivka International Company. 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. (Stanford, Timothy) |
| Filing 18 ANSWER to Complaint with Jury Demand filed by Lone Star Industries Inc. 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. (Allen, Meredith) |
| Filing 17 NOTICE of Attorney Appearance by Jason A Itkin for Ryan S. MacLeod on behalf of Omar Lopez, Baldomero Martinez, Bonnie Miller, Phillip Pressler. (Itkin, Jason) |
| Filing 16 NOTICE of Attorney Appearance by Timothy Stanford for Tab H. Keener on behalf of Polivka International Company. (Stanford, Timothy) |
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Filing 15
ORDER: It is ORDERED that Ryan Scott MacLeod shall have 21 days to file an application for admission pro hac vice, or, if he applies for full admission, to file a notice advising the Court that the application has been approved and the oath given. (Ordered by Senior Judge Sam R Cummings on 10/23/2019) (rekc)
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| Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lone Star Industries Inc. (Allen, Meredith) |
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Filing 13
ORDER granting #8 Application for Admission Pro Hac Vice of Robert W. Futhey. 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 9/26/2019) (rekc)
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Filing 12
ORDER granting #9 Application for Admission Pro Hac Vice of Michael F. Coyle. 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 9/26/2019) (rekc)
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Filing 11
ORDER granting #10 Application for Admission Pro Hac Vice of Daniel J. Gutman. 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 9/26/2019) (rekc)
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| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10292222) filed by Progress Rail Manufacturing Corp (Attachments: #1 Exhibit(s) 1)Attorney Daniel J Gutman added to party Progress Rail Manufacturing Corp(pty:dft) (Gutman, Daniel) |
| Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10292196) filed by Progress Rail Manufacturing Corp (Attachments: #1 Exhibit(s) 1)Attorney Michael F. Coyle added to party Progress Rail Manufacturing Corp(pty:dft) (Coyle, Michael) |
| Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10292156) filed by Progress Rail Manufacturing Corp (Attachments: #1 Declaration(s) 1)Attorney Robert W Futhey added to party Progress Rail Manufacturing Corp(pty:dft) (Futhey, Robert) |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Polivka International Company identifying Corporate Parent/Other Affiliate Polivka International Company, Inc. for Polivka International Company. (Stanford, Timothy) |
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Filing 6
SCHEDULING ORDER: Amended Pleadings due by 1/15/2020. Joinder of Parties due by 1/15/2020. Motions due by 6/15/2020. Discovery due by 2/8/2021. Trial set for 3/1/2021 at 9:00 AM before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 9/23/2019) (aaa)
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| Filing 5 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Progress Rail Manufacturing Corp. 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. (Hauder, Bernie) |
| Filing 4 ADDITIONAL ATTACHMENTS to #1 Notice of Removal, by Defendants Lone Star Industries Inc, Polivka International Company, Progress Rail Manufacturing Corp. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s)) (Hauder, Bernie) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Progress Rail Manufacturing Corp identifying Corporate Parent/Other Affiliate Caterpillar Inc, Corporate Parent/Other Affiliate Progress Rail International Corp. for Progress Rail Manufacturing Corp. (Hauder, Bernie) |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (sre) |
| Filing 1 NOTICE OF REMOVAL from County Court at Law Number One, Dallas County, Texas, case number CC-19-05042-A filed by Progress Rail Manufacturing Corporation d/b/a Kershaw. (Filing fee $400; receipt number 0539-10265371) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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)) (Hauder, Bernie) |
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