McCoy et al v. Valvoline LLC
| Tommy McCoy and Tommy McCoy Inc |
| Valvoline, LLC and Valvoline LLC |
| 3:2020cv03062 |
| October 6, 2020 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Contract: Other Contract |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: The plaintiffs have failed timely to request a jury trial under Rule 81(c) after removal of this action from state court. When a jury demand is untimely or improperly made, the court may, on motion, "order a jury trial on any issue for which a jury might have been demanded." FED. R. CIV. P. 39(b). The court construes the plaintiffs' jury demand as a #12 motion for jury trial and sets the following briefing schedule: The defendant shall file its response no later than 12/15/2020. The plaintiffs shall file their reply no later than 12/29/2020. (Ordered by Senior Judge A. Joe Fish on 11/24/2020) (twd)
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Filing 13
ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: Amended Pleadings due by 2/1/2021. Discovery due by 8/1/2021. Joinder of Parties due by 2/1/2021. Motions due by 6/1/2021. Pretrial Materials due by 10/22/2021. Pretrial Order due by 10/22/2021. Status Report due by 4/23/2021. This case is set for trial on this court's four-week docket beginning 11/1/2021 before Senior Judge A. Joe Fish. Pretrial Conference set for 10/29/2021 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 11/23/2020) (ndt)
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Filing 12
MOTION for Jury Trial (Per #14 Order by Tommy McCoy. (Cole, Robert) Docket text modified on 11/24/2020 (twd).
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Filing 11
Joint STATUS REPORT filed by Tommy McCoy. (Cole, Robert)
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Filing 10
STATUS REPORT ORDER: Status Report due by 11/25/2020. (Ordered by Senior Judge A. Joe Fish on 11/5/2020) (axm)
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Filing 9
ELECTRONIC ORDER: The plaintiffs' unopposed and verified motion to reopen terminated lawsuit (docket entry #7 ) is GRANTED. It is therefore ORDERED that this case is REOPENED. (Ordered by Senior Judge A. Joe Fish on 11/5/2020) (chmb)
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Filing 8
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tommy McCoy, Tommy McCoy Inc . (Cole, Robert) Modified event on 11/5/2020 (mjr).
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Filing 7
Unopposed MOTION to Reopen Case filed by Tommy McCoy with Brief/Memorandum in Support. (Cole, Robert)
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Filing 6
ELECTRONIC ORDER: On October 6, 2020, the plaintiffs were ordered to file a certificate of interested persons within 21 days (docket entry 3), but they have failed to do so. Accordingly, this case is dismissed without prejudice. Rule 16(f)(1)(c). (Ordered by Senior Judge A. Joe Fish on 10/30/2020) (chmb)
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Civil Case Terminated. (chmb)
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Filing 5
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Valvoline LLC identifying Corporate Parent/Other Affiliate Valvoline US LLC for Valvoline LLC. (Hawpe, Jeremy) Modified corporate parent on 10/9/2020 (mla).
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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. (jmg)
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Filing 3
ELECTRONIC ORDER: On October 6, 2020, the defendant removed this civil action to this court. Local Rule 81.2 provides that "[w]ithin 21 days after the notice of removal is filed, the plaintiff shall file a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that "[w]hen a complaint is filed, the plaintiff must provide the clerk with... a separately signed certificate of interested persons that contains a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities who or which are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than 21 days after this order is filed, the plaintiff must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 10/6/2020) (chmb)
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Filing 2
ELECTRONIC ORDER: On October 6, 2020, the defendant removed this civil action to this court. Local Rule 81.1(a) now provides that "[t]he party or parties who remove a civil action from state court must provide the following to the clerk for filing:... (4)(D) a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e)." LR 3.1(c) and 3.2(e) in turn require that "[w]hen a complaint is filed, the plaintiff must provide the clerk with...a separately signed certificate of interested persons that contains a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities who or which are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than 21 days after this order is filed, the defendant must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 10/6/2020) (chmb)
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Filing 1
NOTICE OF REMOVAL filed by Valvoline, LLC. (Filing fee $400; receipt number 0539-11240573) 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 Appendix ISO Notice of Removal) (Hawpe, Jeremy)
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