Texas Concrete Resurfacing LLC v. Richards Paint Mfg Co Inc
| Texas Concrete Resurfacing, LLC dba Koolcote of Texas and Texas Concrete Resurfacing LLC |
| Richards Paint Mfg. Co. Inc. and Richards Paint MFG Co Inc |
| 3:2020cv00353 |
| February 13, 2020 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Contract: Contract Product Liability |
| 28 U.S.C. ยง 1441 |
| Defendant |
Docket Report
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Filing 9
STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 3/23/2020) (ctf)
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| Filing 8 Amended NOTICE OF REMOVAL by Richards Paint MFG Co Inc. (Metzler, David) Modified text on 3/23/2020 (mla). |
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Filing 7
ELECTRONIC ORDER: The undersigned orders that all civil and criminal bench and jury trials, in-person court hearings, and sentencing proceedings scheduled to take place through May 1, 2020, are continued due to concerns about COVID-19 and consistent with the Northern District of Texas's Special Order Nos. 13-5 and 13-6, entered by Chief Judge Barbara Lynn on March 13, and March 18, 2020, respectively. In addition, if the attorneys have been ordered to conduct a face-to-face meeting for purposes of preparing a Rule 26(f) Joint Report, an in-person meeting is no longer required. These continuances do not modify any pending deadlines other than the trial or hearing dates mentioned above. Attorneys should file a motion with the Court to modify any other deadlines unless, as is the case in some cases transferred to this Court from other judges, the scheduling order allows the parties to reset deadlines by agreement without Court approval. Due to the Court's reduced ability to obtain an adequate spectrum of jurors, and due to the reduced availability of attorneys and court staff to be present in courtrooms because of the public health considerations associated with COVID-19, the period of the continuances associated with this Order and Special Order Nos. 13-5 and 13-6 are excluded by the Speedy Trial Act, 18 U.S.C. 3161(h) and 18 U.S.C. 3161 (h)(7)(A). The Court finds that the ends of justice served by ordering these continuances outweigh the best interests of the public and each defendants right to a speedy trial. In fact, the best interests of the public are served by these continuances. The Court encourages the parties to communicate with opposing counsel and litigants by video or telephone whenever possible. (Ordered by Judge Ada Brown on 3/19/2020) (lrl)
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Filing 6
Special Orders 13-5 and 13-6 re: Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic (Ordered by Chief Judge Barbara M. G. Lynn on 3/16/2020 and 3/18/2020)(lrl)
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Filing 5
ORDER: Defendant's notice of removal (Doc. No. #1 ) appears to predicate subject matter jurisdiction upon diversity of citizenship, 28 U.S.C. 1332, but fails to allege properly the citizenship of plaintiff Texas Concrete Resurfacing, LLC d/b/a Koolcote of Texas. Specifically, the notice of removal fails to allege the citizenship of each LLC member. Accordingly, no later than fourteen days from the date of this order, defendant 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 Ada Brown on 3/9/2020) (ctf)
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| Filing 3 Payment for #1 Notice of Removal filed by Richards Paint Mfg Co Inc. ($400; Receipt number 0539-10625773). (Metzler, David) |
| Filing 4 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richards Paint Mfg. Co. Inc.. (Metzler, David) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 68th District Court, Dallas County, Texas, case number DC-20-00302 filed by Richards Paint Mfg. Co. Inc.. (Filing fee $400; receipt number 0539-10625773.) 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. (Metzler, David) Modified on 2/14/2020 (ndt). |
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