Smith v. Solar Turbines Inc
| Janay Smith |
| Solar Turbines Inc |
| 3:2021cv01162 |
| May 21, 2021 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 Agreed STIPULATION OF DISMISSAL by Janay Smith. (Attachments: #1 Proposed Order) (Montejano, Jacqueline) |
| Civil Case Terminated pursuant to the Stipulation of Dismissal. (chmb) |
| Filing 31 NOTICE of Attorney Appearance by Skyler Y Stuckey on behalf of Solar Turbines Inc. (Filer confirms contact info in ECF is current.) (Stuckey, Skyler) |
| Filing 30 MOTION to Modify Scheduling Order re #15 Scheduling Order, filed by Solar Turbines Inc (Stone, Kenneth) |
| Filing 29 Appendix in Support filed by Solar Turbines Inc re #28 Brief/Memorandum in Support of Motion (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F) (Stone, Kenneth) |
| Filing 28 Brief/Memorandum in Support filed by Solar Turbines Inc re #27 MOTION for Summary Judgment (Stone, Kenneth) |
| Filing 27 MOTION for Summary Judgment filed by Solar Turbines Inc (Stone, Kenneth) |
| Filing 26 AMENDED ANSWER by Solar Turbines Inc. Amendment to #1 Notice of Removal. (ykp) |
Filing 25
ELECTRONIC ORDER granting #24 Unopposed Motion for Leave to File Amended Answer. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ed Kinkeade on 12/10/2021) (chmb)
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| Filing 24 Unopposed MOTION for Leave to File Amended Answer filed by Solar Turbines Inc (Attachments: #1 Exhibit(s) A) (Howell, Brad) |
| Filing 23 Designation of Experts by Janay Smith. (Montejano, Jacqueline) |
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Filing 22
ELECTRONIC ORDER denying #20 Motion to Strike. (Ordered by Judge Ed Kinkeade on 11/3/2021) (chmb)
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Filing 21
ORDER - Before the Court is Plaintiff's Motion to Remand ("Motion") (Doc. No. 18). After carefully considering the parties' briefs and the relevant law, the Court DENIES the Motion. (Ordered by Judge Ed Kinkeade on 11/3/2021) (chmb)
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| Filing 20 MOTION to Strike and RESPONSE AND OBJECTION filed by Solar Turbines Inc re: #18 MOTION to Remand to State Court. (Howell, Brad) Modified event on 7/12/2021 (mla). |
| Filing 19 Joint Designation of Mediator by Solar Turbines Inc. (Howell, Brad) Modified text on 7/2/2021 (mjr). |
| Filing 18 MOTION to Remand to State Court filed by Janay Smith with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s) Affidavit of Jacqueline Montejano) (Montejano, Jacqueline) |
| Filing 17 (Document Restricted) Attorney Contact Information (Sealed pursuant to order dated 6/5/2021) filed by Janay Smith (Montejano, Jacqueline) |
| Filing 16 Supplement to #1 Notice of Removal by Solar Turbines Inc. (Attachments: #1 Exhibit(s) Exh A-1 - Index of Exhibits, #2 Exhibit(s) Exh E - Preservation ltr dated May 28 2019, #3 Exhibit(s) Exh F - Petition First Lawsuit, #4 Exhibit(s) Exh G - Notice Removal First Lawsuit, #5 Exhibit(s) Exh H - Order Dismiss First Lawsuit) (Howell, Brad) Modified text on 6/9/2021 (mjr). |
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Filing 15
SCHEDULING ORDER: Jury Trial set for 12/5/2022 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 10/5/2021. Joinder of Parties due by 12/10/2021. Amended Pleadings due by 12/10/2021. Discovery due by 4/29/2022. Motions due by 5/27/2022. Pretrial Order due by 11/14/2022. Pretrial Materials due by 11/4/2022. (Ordered by Judge Ed Kinkeade on 6/5/2021) (chmb)
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| Filing 14 Proposal for contents of scheduling and discovery order by Janay Smith. (Montejano, Jacqueline) |
| Filing 12 DEMAND for Trial by Jury by Solar Turbines Inc. (Howell, Brad) |
| Filing 11 NOTICE of Attorney Appearance by Kenneth C Stone on behalf of Solar Turbines Inc. (Filer confirms contact info in ECF is current.) (Stone, Kenneth) |
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Filing 10
ELECTRONIC ORDER denying #9 Motion for Leave to Proceed Without Local Counsel. Defendant shall designate local counsel within 20 days from the date of this order. Further, local counsel as well as lead counsel shall sign all document(s) submitted in this case, or the document(s) may be stricken without further notice. (Ordered by Judge Ed Kinkeade on 5/27/2021) (chmb)
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| Filing 9 Unopposed MOTION for Leave to Proceed without Local Counsel filed by Solar Turbines Inc (Attachments: #1 Proposed Order) (Howell, Brad) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Janay Smith. (Montejano, Jacqueline) |
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Filing 7
ORDER: Before the Court is Defendant Solar Turbines Incorporated's Notice of Removal (Doc. No. 1). The removing party bears the burden of establishing that federal jurisdiction exists. De Aguilar v. Boeing Co., 47 F.3d 1404, 1408 (5th Cir. 1995). It is not apparent from the face of Plaintiffs state court petition that the amount in controversy meets the minimum jurisdictional requirement of $75,000 in a diversity case. See 28 U.S.C. 1332(a). Accordingly, Defendant is hereby ORDERED to file a supplement to their Notice of Removal with the Court which properly alleges diversity jurisdiction within 14 days from the date this order is signed. SO ORDERED. (Ordered by Judge Ed Kinkeade on 5/25/2021) (chmb)
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| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Solar Turbines Inc. (for image please see doc #1 -9) (ndt) |
| 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. (ndt) |
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Filing 3
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 5/21/2021) (chmb)
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Filing 2
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, Defendant, Solar Turbines, Inc., shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result defendant's pleadings being stricken and default taken against that defendant without further notice. (Ordered by Judge Ed Kinkeade on 5/21/2021) (chmb)
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| Filing 1 NOTICE OF REMOVAL filed by Solar Turbines Inc. (Filing fee $402; receipt number 0539-11914978) 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) Exh A - Index of Exhibits, #2 Exhibit(s) Exh B - State Court Docket Sheet, #3 Exhibit(s) Exh C-1 - Original Petition, #4 Exhibit(s) Exh C-2 - State Court Civil Cover Sheet, #5 Exhibit(s) Exh C-3 - Citation Solar unserved, #6 Exhibit(s) Exh C-4 - Notice Dismiss Hearing, #7 Exhibit(s) Exh C-5 - Citation Solar served, #8 Exhibit(s) Exh C-6 - Solar answer state court, #9 Exhibit(s) Exh D - Certificate of Interested Persons, #10 Cover Sheet, #11 Cover Sheet Supplement) (Howell, Brad) |
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| Plaintiff: Janay Smith | |
| Represented By: | Jacqueline Ellise Montejano |
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| Defendant: Solar Turbines Inc | |
| Represented By: | Brad Howell |
| Represented By: | Kenneth C Stone |
| Represented By: | Skyler Y Stuckey |
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