McMahan et al v. Progressive Communications LLC
| Ayleen McMahan, Timothy McMahan and Christina Dollar Martinez |
| Progressive Communications, L.L.C. and Progressive Communications LLC |
| 3:2021cv01574 |
| July 7, 2021 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 Joint MEDIATION REPORT filed by Progressive Communications LLC. (Wolf, Jeffrey) Modified text on 4/27/2022 (jmg). |
Filing 26
ELECTRONIC ORDER: Per the Court's November 24, 2021, Scheduling Order (Doc. No. 24), parties were ordered to complete mediation no later than March 23, 2022, and file a Mediation Report describing the status of settlement negotiations no later than March 30, 2022. It is now April 25, 2022, and parties have yet to file any form of Mediation Report. Thus, the Court ORDERS parties to submit a Mediation Report describing the status of settlement negotiations no later than April 29, 2022. (Ordered by Judge Ed Kinkeade on 4/25/2022) (chmb)
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| Filing 25 Designation of Mediator by Progressive Communications LLC. (Wolf, Jeffrey) |
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Filing 24
SCHEDULING ORDER: Jury Trial set for 4/3/2023 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 3/23/2022. Joinder of Parties due by 4/29/2022. Amended Pleadings due by 4/29/2022. Discovery due by 10/12/2022. Motions due by 11/4/2022. Pretrial Order due by 3/13/2023. Pretrial Materials due by 3/13/2023. (Ordered by Judge Ed Kinkeade on 11/24/2021) (chmb)
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Filing 23
***DISREGARD - FILED IN WRONG CASE*** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 11/15/2021) (chmb) Modified on 11/15/2021 (chmb).
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| Filing 22 Joint Report for Contents of Scheduling Order by Progressive Communications LLC. (Wolf, Jeffrey) Modified title on 10/22/2021 (ygl). |
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Filing 21
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 10/7/2021) (chmb)
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| Filing 20 ELECTRONIC MINUTE ENTRY: On this day, a settlement conference was conducted by Magistrate Judge Rene Harris Toliver. The case did not settle. However, the parties are amenable to reconvening settlement discussions at a later time. Attorney Appearances: Plaintiff - Bradley Kizzia and Allie Stean; Defense - Jeffrey Wolf. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 1:20. (Toliver, Rene) |
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Filing 19
ELECTRONIC ORDER granting #18 Motion to Attend virtually. (Ordered by Magistrate Judge Renee Harris Toliver on 9/16/2021) (mcrd)
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| Filing 18 Unopposed MOTION to Attend virtually filed by Christina Dollar Martinez. (Attachments: #1 Proposed Order) (Kizzia, D) Modified text on 9/16/2021 (mjr). |
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Filing 17
SCHEDULING ORDER FOR SETTLEMENT CONFERENCE: A settlement conference will be held on September 23, 2021 at 10:00 A.M. in Judge Toliver's Courtroom, 1100 Commerce, Room 1620, Dallas, Texas. (Ordered by Magistrate Judge Renee Harris Toliver on 8/31/2021) (mcrd)
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Filing 16
ELECTRONIC ORDER REFERRING CASE TO U.S. MAGISTRATE JUDGE: This case is REFERRED to US Magistrate Judge Renee Harris Toliver for a Settlement Conference. (Ordered by Judge Ed Kinkeade on 8/23/2021) (chmb)
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| Filing 15 Brief/Memorandum in Support filed by Progressive Communications LLC re #10 Order, Regarding Potential Venue Transfer. (Attachments: #1 Proposed Order Re Potential Venue Transfer) (Wolf, Jeffrey) Modified on 8/23/2021 (ygl). |
| Filing 14 RESPONSE filed by Ayleen McMahan re: #10 Order. (Attachments: #1 Proposed Order) (Kizzia, D) |
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Filing 13
ELECTRONIC ORDER granting #12 Unopposed Motion to Withdraw as Counsel. Todd C. Donohue is hereby withdrawn as Counsel for Defendant Progressive Communications, LLC. Further, Jeffrey J. Wolf shall remain as Counsel for Defendant Progressive Communications, LLC. (Ordered by Judge Ed Kinkeade on 8/17/2021) (chmb)
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| Filing 12 MOTION to Withdraw Todd Donohue as Counsel filed by Progressive Communications LLC with Brief/Memorandum in Support. (Donohue, Todd) |
| Filing 11 (Document Restricted) Plaintiffs' Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Ayleen McMahan (Kizzia, D) |
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Filing 10
ORDER: Based on this record, the Court will evaluate whether or not a transfer of this case to the Middle District of Georgia, Macon Division, the Western District of Oklahoma, or another district is warranted. See 28 U.S.C. 90 & 116. However, before transferring this case sua sponte, the Court will give the parties an opportunity to be heard on this matter. The parties may file a brief on whether this case is appropriate for transfer under 1404(a) and, if so, to which district or division where it might have been brought. The parties respective briefs must be filed within 30 days of the date of this Order and are not to exceed 25 pages in length. There will be no responsive briefs permitted unless otherwise ordered by the Court. (Ordered by Judge Ed Kinkeade on 7/21/2021) (chmb)
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| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ayleen McMahan. (Kizzia, D) |
| Filing 8 AMENDED DOCUMENT by Progressive Communications LLC. Amendment to #2 Cert. Of Interested Persons/Disclosure Statement. . (Wolf, Jeffrey) |
| Filing 7 Supplemental Document by Progressive Communications LLC as to #1 Notice of Removal,,,,, . (Attachments: #1 Declaration(s) Declaration of J.Wolf, #2 Exhibit(s) Affidavit of Jason Cannon) (Wolf, Jeffrey) |
| Filing 6 ANSWER to Complaint filed by Progressive Communications LLC. 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. (Wolf, Jeffrey) |
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Filing 5
ORDER: Federal courts are vested with subject matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)-(2). The Court orders Defendant to amend its Notice of Removal within seven (7) days from the date this order is signed. Each party's Certificate of Interested Persons/Disclosure Statement must also properly reflect the citizenship of each party. Failure to comply with this order will result in remand to state court without further notice. (Ordered by Judge Ed Kinkeade on 7/13/2021) (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. (ygl) |
| Filing 3 (Document Restricted) Defendant Attorney Contact Information (Sealed pursuant to SO 19-1, statute, or rule) filed by Progressive Communications, L.L.C. (Wolf, Jeffrey) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Progressive Communications, L.L.C.. (Wolf, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL filed by Progressive Communications, L.L.C.. (Filing fee $402; receipt number 0539-12031697) 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 Civil Cover Sheet, #2 Cover Sheet Supplement Supp Civil Cover Sheet, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E) (Wolf, Jeffrey) |
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