Von Der Ahe et al v. 1-800-Pack-Rat, LLC et al
| Emmy Von Der Ahe and Thomas Von Der Ahe |
| 1 800 Pack Rat LLC, Zippy Shell Inc and 1-800-Pack Rat LLC |
| ADR Provider |
| 3:2021cv02526 |
| October 14, 2021 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Jane J Boyle |
| Other Statutes: Commerce |
| 28 U.S.C. § 1441 Petition for Removal- Property Damage |
| None |
Docket Report
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This docket was last retrieved on February 20, 2023. A more recent docket listing may be available from PACER.
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Filing 21
NOTICE of Change of Address for Attorney Emileigh Stewart Hubbard on behalf of Zippy Shell Inc. (Filer confirms contact info in ECF is current.) (Hubbard, Emileigh)
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Filing 20
MEDIATION ORDER. The court appoints Anne Ashby as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 3/10/2023. (Ordered by Judge Jane J Boyle on 10/20/2022) (sxf)
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Filing 19
NOTICE of Agreement Upon Mediator filed by 1-800-Pack Rat LLC, Zippy Shell Inc (Henry, Vic)
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Filing 18
SCHEDULING ORDER: This case is set for trial beginning 8/7/2023 before Judge Jane J Boyle. Joinder of Parties due by 11/10/2022. Amended Pleadings due by 11/10/2022. Motions due by 5/9/2023. Discovery due by 4/9/2023. Deadline for mediation is on or before 3/10/2023. Pretrial Order due by 7/24/2023. Pretrial Materials due by 7/24/2023. Pretrial Conference set for 8/4/2023 10:00 AM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 9/14/2022) (svc)
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Filing 17
Proposal for contents of scheduling and discovery order by 1-800-Pack Rat LLC, Zippy Shell Inc. (Attachments: #1 Exhibit(s) A - Agreed Scheduling Order) (Hubbard, Emileigh)
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Filing 16
STATUS REPORT ORDER: Status Report due by 9/12/2022. (Ordered by Judge Jane J Boyle on 8/22/2022) (svc)
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Filing 15
MEMORANDUM OPINION AND ORDER: #12 MOTION to Dismiss Plaintiffs' First Amended Complaint is Granted and DISMISSES WITH PREJUDICE the Von Der Ahes'claims for violation of the DTPA, breach of the Texas common law duty of good faith, and deceptivetrade practices under the Texas Insurance Code, as well as for attorneys' fees based on these claims. (Ordered by Judge Jane J Boyle on 8/19/2022) (svc)
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Filing 14
REPLY filed by 1-800-Pack Rat LLC, Zippy Shell Inc re: #12 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support (Henry, Vic)
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Filing 13
RESPONSE filed by Emmy Von Der Ahe, Thomas Von Der Ahe re: #12 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support (Bhella, Gwen)
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Filing 12
MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support filed by 1-800-Pack Rat LLC, Zippy Shell Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Henry, Vic)
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Filing 11
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Emmy Von Der Ahe, Thomas Von Der Ahe. (Clerk QC note: No affiliate entered in ECF). (Bhella, Gwen)
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Filing 10
AMENDED COMPLAINT against 1-800-Pack Rat LLC, Zippy Shell Inc filed by Emmy Von Der Ahe, Thomas Von Der Ahe. 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. (Attachments: #1 Exhibit(s) A, #2 B) (Bhella, Gwen)
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Filing 9
MEMORANDUM OPINION & ORDER: #4 Motion to Dismiss filed by 1-800-Pack Rat LLC, Zippy Shell Inc is Granted and DISMISSES WITH PREJUDICE the Von Der Ahes' claims for breach of contract, common law fraud, negligent misrepresentation, fraud by non-disclosure, conversion, and attorneys fees for claims related to damage caused by the interstate shipment of goods. The Court DISMISSES WITHOUT PREJUDICE the Von Der Ahes claims for breach of the DTPA, duty of good faith, and breach of the prompt payment statute, along with the claims for attorneys fees not related to damage caused by the interstate shipment of goods. The Von Der Ahes may file an amended complaint pleading additional facts to support a claim under the Carmack Amendment or address the other deficiencies identified in this Order within THIRTY (30) days of this Order, should they choose to do so. (Ordered by Judge Jane J Boyle on 4/5/2022) (svc)
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Filing 8
REPLY filed by 1-800-Pack Rat LLC, Zippy Shell Inc re: #4 MOTION to Dismiss (Hubbard, Emileigh)
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Filing 7
RESPONSE filed by Emmy Von Der Ahe, Thomas Von Der Ahe re: #4 MOTION to Dismiss (Bhella, Gwen)
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Filing 6
ELECTRONIC ORDER granting #5 Agreed Motion to Extend Time to File Response. Plaintiff's Response is now due November 17, 2021. (Ordered by Judge Jane J. Boyle on 11/12/2021) (chmb)
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Filing 5
Agreed MOTION to Extend Time File Response to #4 Motion to Dismiss filed by Emmy Von Der Ahe, Thomas Von Der Ahe. (Attachments: #1 Proposed Order) (Bhella, Gwen) Modified event text on 11/12/2021 (jmg).
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Filing 4
MOTION to Dismiss filed by 1 800 Pack Rat LLC, Zippy Shell Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Henry, Vic)
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 1 800 Pack Rat LLC, Zippy Shell Inc. (Henry, Vic)
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Filing 2
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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ykp)
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Filing 1
NOTICE OF REMOVAL filed by Zippy Shell, Inc., 1-800-Pack-Rat, LLC. (Filing fee $402; receipt number 0539-12300515) 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) 1 - Index of State Court filings, #2 Exhibit(s) 1A - Plaintiffs' Original Petition, #3 Exhibit(s) 1B - Citation to Pack Rat, #4 Exhibit(s) 1C - Citation to Zippy Shell, #5 Exhibit(s) 1D - Notice of Dismissal Hearing, #6 Exhibit(s) 1E - Declaration of Service on Pack Rat, #7 Exhibit(s) 2 - State Court's Register of actions, #8 Exhibit(s) 3 - Plaintiff's Claim for damages, #9 Cover Sheet, #10 Cover Sheet Supplement) (Henry, Vic)
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