Martin et al v. Hyundai Translead Inc et al
| Harold Martin, Amanda Martin and Shawnkeedra Martin |
| Sewell Village Cadillac Company Inc, Hyundai Translead Inc, Mid-Way Transportation Inc, David Wayne Garth and Hyundai Translead |
| Paritosh Arora, Kirby Dean Dunkin, Rogelio Para, Joryan Johnson, Minahj Ford, Richard Ferrin, Raymundo Contreras, Jake Schomburg, James Dale Rose and Army and Air Force Exchange Service |
| 3:2020cv02147 |
| August 13, 2020 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1442 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ELECTRONIC Order Unfiling #37 of Partial Nonsuit Without Prejudice as to Third-Party Defendants Minahj Ford, James Dale Ford, Rogelio Parra & Joryan Johnson filed by Mid-Way Transportation Inc. Case is no longer in this Court. (Ordered by Judge Ed Kinkeade on 12/18/2020) (chmb)
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Filing 37
***UNFILED PER 38 ORDER.*** NOTICE of Partial Nonsuit Without Prejudice as to Third-Party Defendants Minahj Ford, James Dale Ford, Rogelio Parra & Joryan Johnson filed by Mid-Way Transportation Inc (Attachments: #1 Proposed Order of Nonsuit without Prejudice as to Third-Party Defendants) (Sargent, David) Modified text on 12/21/2020 (jmg).
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Filing 36
Clerk's Notice of Mailing: Certified copy of document number #35 and docket sheet mailed to 192nd Judicial District Court of Dallas County, TX on 11/16/2020. (axm) (axm).
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Civil Case Terminated per #35 Memorandum Opinion and Order. (axm)
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Filing 35
MEMORANDUM OPINION AND ORDER - The Court GRANTS Third-Party Defendant AAFES's Motion to Dismiss (Doc. No. 5). All claims asserted by Defendant/Third-Party Plaintiff Mid-Way against AAFES are hereby dismissed. The Court also GRANTS Plaintiffs' Motion to Remand (Doc. No. 9). The Court lacks subject-matter jurisdiction over this case. See 28 U.S.C. 1447(c); cf. Powerex, 551 U.S. at 225 (remand encompassed by 1447(c) where "a district court remands a properly removed case because it nonetheless lacks subject-matter jurisdiction."). This case is hereby remanded to the District Court of 192nd Judicial District, Dallas County, Texas. (Ordered by Judge Ed Kinkeade on 11/13/2020) (chmb)
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Filing 34
SUMMONS Returned Executed as to Hyundai Translead; served on 10/27/2020. (hml)
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Filing 33
Summons Issued as to Hyundai Translead. (mjr)
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Filing 32
Request for Clerk to issue Summons filed by Amanda Martin, Harold Martin, Shawnkeedra Martin. (Green, Bryan)
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Filing 31
AMENDED COMPLAINT WITH JURY DEMAND against Hyundai Translead filed by Harold Martin, Amanda Martin, Shawnkeedra Martin. Plaintiff will submit summons(es) for issuance. 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. (Green, Bryan)
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Filing 30
RESPONSE filed by Army and Air Force Exchange Service re: #25 MOTION for Discovery (Stoltz-DOJ, Brian)
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| Filing 29 RESPONSE filed by Army and Air Force Exchange Service re: #16 MOTION for Leave to File Second Amended Answer and Cross-Claims (Stoltz-DOJ, Brian) |
| Filing 28 REPLY filed by Mid-Way Transportation Inc re: #25 MOTION for Discovery (Sargent, David) |
| Filing 27 RESPONSE filed by Amanda Martin, Harold Martin, Shawnkeedra Martin re: #25 MOTION for Discovery (Green, Bryan) |
| Filing 26 REPLY filed by Army and Air Force Exchange Service re: #5 MOTION to Dismiss (Stoltz-DOJ, Brian) |
| Filing 25 MOTION for Discovery filed by Mid-Way Transportation Inc (Attachments: #1 Exhibit(s) Texas Peace Officer's Crash Report, #2 Exhibit(s) Affidavit of Doug Murrey, #3 Exhibit(s) Order Conditionally Granting Hyundai's Motion to Dismiss) (Sargent, David) |
| Filing 24 REPLY filed by Amanda Martin, Harold Martin, Shawnkeedra Martin re: #9 MOTION to Remand with Incorporated Brief in Support (Green, Bryan) |
| Filing 23 REPLY filed by Amanda Martin, Harold Martin, Shawnkeedra Martin re: #5 MOTION to Dismiss , #7 MOTION to Dismiss with Incorporated Brief in Support (Green, Bryan) |
| Filing 22 RESPONSE filed by Army and Air Force Exchange Service re: #9 MOTION to Remand with Incorporated Brief in Support (Stoltz-DOJ, Brian) |
| Filing 21 RESPONSE filed by Army and Air Force Exchange Service re: #7 MOTION to Dismiss with Incorporated Brief in Support (Stoltz-DOJ, Brian) |
| Filing 20 RESPONSE filed by Mid-Way Transportation Inc re: #9 MOTION to Remand with Incorporated Brief in Support (Attachments: #1 Exhibit(s) Texas Peace Officer's Crash Report, #2 Exhibit(s) Affidavit of Doug Murrey, #3 Exhibit(s) U.S. Government Vehicle Information) (Sargent, David) |
| Filing 19 RESPONSE filed by Mid-Way Transportation Inc re: #7 MOTION to Dismiss with Incorporated Brief in Support (Attachments: #1 Exhibit(s) Texas Peace Officer's Crash Report, #2 Exhibit(s) Affidavit of Doug Murrey, #3 Exhibit(s) U.S. Government Vehicle Information) (Sargent, David) |
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Filing 18
ELECTRONIC Order Unfiling #17 Defendant/Third-Party Plaintiff Mid-Way Transportation's Second Amended ANSWER to Complaint filed by Mid-Way Transportation Inc. Leave not granted. (Ordered by Judge Ed Kinkeade on 9/10/2020) (chmb)
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| Filing 17 ***UNFILED PER 18 ELECTRONIC ORDER*** Second Amended ANSWER to Complaint filed by Mid-Way Transportation 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. CROSSCLAIM against Army and Air Force Exchange Service, Paritosh Arora, Raymundo Contreras, Kirby Dean Dunkin, Richard Ferrin, Minahj Ford, Joryan Johnson, Rogelio Para, James Dale Rose, Jake Schomburg filed by Mid-Way Transportation Inc (Sargent, David) Modified on 9/10/2020 (chmb). |
| Filing 16 MOTION for Leave to File Second Amended Answer and Cross-Claims filed by Mid-Way Transportation Inc (Attachments: #1 Exhibit(s) A - Mid-Way's Second Amended Answer and Cross-Claims) (Sargent, David) |
| Filing 15 RESPONSE filed by David Wayne Garth, Mid-Way Transportation Inc re: #5 MOTION to Dismiss (Attachments: #1 Affidavit(s) Affidavit of Doug Murrey) (Sargent, David) |
| Filing 14 ANSWER to Complaint with Jury Demand filed by Minahj Ford. 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. Attorney Randall G Walters added to party Minahj Ford(pty:3pd) (Walters, Randall) |
| Filing 13 ANSWER to Complaint with Jury Demand filed by James Dale Rose. 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. Attorney Randall G Walters added to party James Dale Rose(pty:3pd) (Walters, Randall) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kirby Dean Dunkin. (Stilwell, John) |
| Filing 11 ANSWER to Complaint with Jury Demand filed by Kirby Dean Dunkin. 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. Attorney John W Stilwell added to party Kirby Dean Dunkin(pty:3pd) (Stilwell, John) |
| Filing 10 Appendix in Support filed by Amanda Martin, Harold Martin, Shawnkeedra Martin re #9 MOTION to Remand with Incorporated Brief in Support (Attachments: #1 Exhibit(s) A - Defendant Mid-Way Transportation, Inc.'s Third Party Petition, #2 Exhibit(s) B - Agreed Order Granting Plaintiffs' Unopposed Motion for Remand, #3 Exhibit(s) C - Memorandum Opinion Remanding State Law Claims) (Green, Bryan) |
| Filing 9 MOTION to Remand with Incorporated Brief in Support filed by Amanda Martin, Harold Martin, Shawnkeedra Martin with Brief/Memorandum in Support. (Green, Bryan) |
| Filing 8 Appendix in Support filed by Amanda Martin, Harold Martin, Shawnkeedra Martin re #7 MOTION to Dismiss with Incorporated Brief in Support (Attachments: #1 Exhibit(s) A - Defendant Mid-Way Transportation, Inc.'s Third Party Petition, #2 Exhibit(s) B - Notice of Removal, #3 Exhibit(s) C - Third-Party Defendant Army and Air Force Exchange Service's Motion to Dismiss) (Green, Bryan) |
| Filing 7 MOTION to Dismiss with Incorporated Brief in Support filed by Amanda Martin, Harold Martin, Shawnkeedra Martin with Brief/Memorandum in Support. (Green, Bryan) |
| Filing 6 CERTIFICATE OF SERVICE by Army and Air Force Exchange Service re #1 Notice of Removal,,,,, (Stoltz-DOJ, Brian) |
| Filing 5 MOTION to Dismiss filed by Army and Air Force Exchange Service with Brief/Memorandum in Support. (Stoltz-DOJ, Brian) |
| Filing 4 New Case Notes: A filing fee is waived for this case. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (jmg) Modified text on 8/13/2020 (jmg). |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Army and Air Force Exchange Service. (Stoltz-DOJ, Brian) |
| Filing 1 NOTICE OF REMOVAL filed by Army and Air Force Exchange Service. (Filer fee note- Filed by the USA) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Index of State Court Records, #4 State Court Docket Sheet, #5 State Court Records, #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s)) (Stoltz-DOJ, Brian) |
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