Gruwell v. Ismayilov et al
| Richard Gruwell |
| Rustam Ismayilov, Gold Star Express, LLC, Mikail Ismayilov and Gold Star Express LLC |
| 3:2021cv00792 |
| April 7, 2021 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 15
ELECTRONIC ORDER finding as MOOT #11 Defendant's Motion to Strike Plaintiffs Affidavits under Section 18.001 of the Texas Civil Practice & Remedies Code and CANCELLING hearing set for 6/3/2021. On 6/2/2021, the parties filed #14 a joint report representing they have resolved their issue by agreement. Specifically, Plaintiff's counsel agrees that: (i) he will not use Section 18.001 to prove, through affidavit, that medical charges incurred by a medical provider were reasonable and that medical services provided were necessary; (ii) the affidavits served under the Texas Civil Practice & Remedies Code are not operative under the Federal Rules of Civil Procedure; and (iii) Plaintiff withdraws the affidavits served with his initial disclosures on 5/7/2021. In view of this information, the Motion to Strike is moot. (Ordered by Magistrate Judge Rebecca Rutherford on 6/2/2021) (Magistrate Judge Rebecca Rutherford)
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| Filing 14 Joint STATUS REPORT filed by Gold Star Express LLC, Mikail Ismayilov, Rustam Ismayilov. (Sargent, David) |
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Filing 13
ORDER REQUIRING JOINT REPORT AND SETTING HEARING: Motion Hearing set for 6/3/2021 02:00 PM before Magistrate Judge Rebecca Rutherford via Zoom video call. Counsel for each party must be in attendance. re: #11 MOTION to Strike Plaintiff's Affidavits Under Section 18.001 of the Texas Civil Practice and Remedies Code (Ordered by Magistrate Judge Rebecca Rutherford on 5/25/2021) (ndt) (Additional attachment(s) added on 5/25/2021: #1 Additional Page(s)) (ndt).
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Filing 12
Order Referring the defendants' #11 MOTION to Strike the Plaintiff's Affidavits Under Section 18.001 of the Texas Civil Practice and Remedies Code to Magistrate Judge Rebecca Rutherford. (Ordered by Senior Judge A. Joe Fish on 5/24/2021) (twd)
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| Filing 11 MOTION to Strike Plaintiff's Affidavits Under Section 18.001 of the Texas Civil Practice and Remedies Code filed by Gold Star Express LLC, Mikail Ismayilov, Rustam Ismayilov. (Attachments: #1 Proposed Order) (Sargent, David) Modified text on 5/25/2021 (mjr). |
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Filing 10
ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: Trial set for four-week docket beginning 5/2/2022 before Senior Judge A. Joe Fish. Joinder of Parties due by 7/15/2021. Amended Pleadings due by 7/15/2021. Motions due by 11/8/2021. Discovery due by 12/15/2021. Pretrial Order due by 4/22/2022. Pretrial Materials due by 4/22/2022. Pretrial Conference set for 4/29/2022 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 5/19/2021) (mjr)
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| Filing 9 Joint STATUS REPORT filed by Gold Star Express LLC, Mikail Ismayilov, Rustam Ismayilov. (Sargent, David) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard Gruwell. (Jobin, Lauren) |
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Filing 7
STATUS REPORT ORDER: The joint report shall be ELECTRONICALLY FILED no later than 5/19/2021. (Ordered by Senior Judge A. Joe Fish on 4/29/2021) (twd)
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| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard Gruwell. (Jobin, Lauren) |
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Filing 5
ELECTRONIC ORDER: On April 7, 2021, the defendants 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 when a complaint is filed, the plaintiff must provide the clerk with "a separately signed certificate of interested persons -- in a form approved by the clerk -- that contains -- in addition to the information required by Fed. R. Civ. P. 7.1(a) -- a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that 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. SO ORDERED. (Ordered by Senior Judge A. Joe Fish on 4/8/2021) (chmb)
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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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mjr) |
| Filing 3 ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Gold Star Express, LLC, Mikail Ismayilov, Rustam Ismayilov. (Sargent, David) |
| Filing 2 NOTICE of Filing of Removal filed by Gold Star Express, LLC, Mikail Ismayilov, Rustam Ismayilov. (Sargent, David) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Rustam Ismayilov, Gold Star Express, LLC, Mikail Ismayilov. (Filing fee $402; receipt number 0539-11773216) 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 Exhibit(s) Index of Matters Being Filed, #2 Exhibit(s) Index of State Court File, #3 Exhibit(s) Certificate of Interested Persons, #4 Exhibit(s) Gold Star's Initial Disclosure Statement, #5 Cover Sheet Civil Cover Sheet (Federal), #6 Cover Sheet Supplement Supplemental Federal Civil Cover Sheet) (Sargent, David) |
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