Alvarez v. Pep Boys-Manny, Moe & Jack of Delaware LLC et al
| Helen Alvarez |
| Pep Boys-Manny, Moe & Jack of Delaware LLC, The Pep Boys - Manny, Moe & Jack LLC, Discount Tire Company of Texas Inc, Halle Properties LLC, Pep Boys-Manny Moe & Jack of Delaware LLC and The Pep Boys - Manny Moe & Jack LLC |
| 3:2022cv01961 |
| September 2, 2022 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on October 17, 2022. A more recent docket listing may be available from PACER.
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Filing 20
ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: This case is set for trial on this court's four-week docket beginning 10/2/2023 before Senior Judge A. Joe Fish. Joinder of Parties due by 12/27/2022. Amended Pleadings due by 12/27/2022. Motions due by 4/3/2023. Discovery due by 5/1/2023. Pretrial Order due by 9/22/2023. Pretrial Materials due by 9/22/2023. Pretrial Conference set for 9/29/2023 10:30 PM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 10/17/2022) (ndt)
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| Filing 19 Joint STATUS REPORT filed by Helen Alvarez. (Hashemi, Shawn) |
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Filing 18
STATUS REPORT ORDER: Joint Status Report due by 10/17/2022. (Ordered by Senior Judge A. Joe Fish on 9/26/2022) (ygl)
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| Filing 17 NOTICE of Attorney Appearance by T Christopher Trent for Scott G. Edwards on behalf of Pep Boys-Manny, Moe & Jack of Delaware LLC, The Pep Boys - Manny, Moe & Jack LLC. (Attachments: #1 Proposed Order) (Trent, T) |
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Filing 16
Order Unfiling #15 Amended Complaint filed by Helen Alvarez due to the following deficiency: Leave required. (Ordered by Senior Judge A. Joe Fish on 9/16/2022) (oyh)
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| Filing 15 ***UNFILED PER #16 ORDER*** AMENDED COMPLAINT against Pep Boys-Manny, Moe & Jack of Delaware LLC, The Pep Boys - Manny, Moe & Jack LLC filed by Helen Alvarez. (One or more defendant(s) is no longer named.) 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. (Hashemi, Shawn) Modified docket text on 9/16/2022 (oyh). |
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Filing 14
Order and Notice of Deficiency: Helen Alvarez must address the following deficiency: Plaintiffs First Amended Complaint (docket entry #11 ) is considered deficient (see below in the order). Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). (Ordered by Senior Judge A. Joe Fish on 9/15/2022) (ndt)
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| Filing 13 Administrative Record consisting of Letter to Court filed by Discount Tire Company of Texas Inc, Halle Properties LLC. (Mathis, Dena) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Helen Alvarez. (Clerk QC note: No affiliate entered in ECF). (Hashemi, Shawn) |
| Filing 11 ***UNFILED per #14 Order*** AMENDED COMPLAINT against Pep Boys-Manny, Moe & Jack of Delaware LLC, The Pep Boys - Manny, Moe & Jack LLC filed by Helen Alvarez. 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. (Hashemi, Shawn) Docket text modified on 9/26/2022 (twd). |
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Filing 10
ELECTRONIC ORDER: The parties have filed a joint stipulation of dismissal without prejudice as to the defendants Discount Tire Company of Texas, Inc. ("Discount Tire") and Halle Properties, LLC ("Halle Properties"). See docket entry 9. It is therefore ORDERED, ADJUDGED, and DECREED that all claims held by the plaintiff against Discount Tire and Halle Properties are DISMISSED WITHOUT PREJUDICE with all costs taxed against the party incurring same. (Ordered by Senior Judge A. Joe Fish on 9/14/2022) (chmb)
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| Filing 9 Joint STIPULATION OF DISMISSAL as to Defendants Discount Tire Company of Texas, Inc. and Halle Properties, LLC by Helen Alvarez. (Attachments: #1 Proposed Order) (Hashemi, Shawn) |
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Filing 8
ELECTRONIC ORDER: Christian K.G. Henrichsen ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, by September 23, 2022, counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 9/8/2022) (chmb)
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Filing 7
ELECTRONIC ORDER: Dena L. Mathis ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, by September 23, 2022, counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 9/8/2022) (chmb)
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Filing 6
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, by September 23, 2022, the defendants Pep Boys Manny, Moe & Jack of Delaware LLC and The Pep Boys Manny, Moe & Jack LLC shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will subject these defendants to entries of default judgment without further notice. (Ordered by Senior Judge A. Joe Fish on 9/8/2022) (chmb) Modified text on 9/8/2022 (rekc).
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Filing 5
ELECTRONIC ORDER: On September 2, 2022, the defendants Pep Boys - Manny, Moe & Jack of Delaware LLC and The Pep Boys - Manny, Moe & Jack LLC removed this civil action to this court. The defendants Discount Tire Company of Texas Inc. and Halle Properties LLC have yet to provide the clerk with certificates of interested persons. Local Rule 81.2 provides that "[w]ithin 21 days after the notice of removal is filed, the [parties] shall file 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 when a complaint is filed, the parties 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 September 23, 2022, the defendants must comply with Rule 81(a)(4)(D) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 9/6/2022) (chmb)
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Filing 4
ELECTRONIC ORDER: On September 2, 2022, the defendants Pep Boys - Manny, Moe & Jack of Delaware LLC and The Pep Boys - Manny, Moe & Jack LLC 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 September 23, 2022, 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 9/6/2022) (chmb)
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| Filing 3 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (sxf) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by PEP BOYS-MANNY, MOE & JACK OF DELAWARE LLC, THE PEP BOYS - MANNY, MOE & JACK LLC. (Clerk QC note: No affiliate entered in ECF). (Trent, T) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by THE PEP BOYS - MANNY, MOE & JACK LLC, PEP BOYS-MANNY, MOE & JACK OF DELAWARE LLC. (Filing fee $402; receipt number 0539-13088022) 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) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Cover Sheet Exhibit J, #11 Cover Sheet Supplement Exhibit K) (Trent, T) |
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