Willis v. Tyner et al
| Louis Jacob Willis |
| Richard Reyes Tyner, Aladdin Transportation Company, Schneider National, Inc., Schneider National Carriers, Inc., Schneider National Bulk Carriers, Inc., Schneider National Inc, Schneider National Carriers Inc and Schneider National Bulk Carriers Inc |
| 3:2022cv02418 |
| October 31, 2022 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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Filing 28
ELECTRONIC ORDER: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the plaintiff has filed a motion for voluntary dismissal. See docket entry 27. The motion is GRANTED. Accordingly, this case is DISMISSED without prejudice. (Ordered by Senior Judge A. Joe Fish on 12/16/2022) (chmb)
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| Filing 27 MOTION to Dismiss filed by Louis Jacob Willis with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sahadi, Richard) |
| Filing 26 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Aladdin Transportation Company. (Clerk QC note: No affiliate entered in ECF). (Walters, Randall) |
| Filing 25 MOTION to Dismiss filed by Aladdin Transportation Company (Attachments: #1 Exhibit(s)) (Walters, Randall) |
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Filing 24
Order Unfiling #18 MOTION to Dismiss and Original Answer Subject to Motion to Dismiss filed by Aladdin Transportation Company due to the following deficiency: Motion and answer cannot be combined. See https://www.txnd.uscourts.gov/judge/senior-district-judge-joe-fish (Do not combine a motion to dismiss and an answer in one document.) (Ordered by Senior Judge A. Joe Fish on 12/13/2022) (oyh)
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Filing 23
ELECTRONIC ORDER: The court is in receipt of a letter (docket entry 22) which reads, in pertinent part, as follows: "Please allow this communication to serve as our formal request for an In-Person hearing date of Defendant Aladdin Transportation Co., Improperly Names as Aladdin Transportation Company's Motion to Dismiss and Original Answer Subject to Motion to Dismiss, which was E-filed on November 30, 2022." The court construes the letter as a motion for hearing on the defendant's motion to dismiss (docket entry 18). So construed, the motion for a hearing is DENIED. (Ordered by Senior Judge A. Joe Fish on 12/12/2022) (chmb)
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| Filing 22 Request for Clerk to issue Notice of Hearing filed by Aladdin Transportation Company. (Walters, Randall) |
| Filing 21 Supplemental Document by Schneider National Inc as to #20 Reply in Support of Motion to Dismiss or Transfer Venue. (Attachments: #1 Exhibit(s) 1) (Speer, Aaron) |
| Filing 20 REPLY filed by Schneider National Inc re: #11 MOTION to Dismiss or Transfer Venue (Speer, Aaron) |
| Filing 19 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Aladdin Transportation Company. (Clerk QC note: No affiliate entered in ECF). (Walters, Randall) |
| Filing 18 ***UNFILED PER #24 ORDER*** MOTION to Dismiss and Original Answer Subject to Motion to Dismiss filed by Aladdin Transportation Company (Attachments: #1 Exhibit(s))Attorney Randall G Walters added to party Aladdin Transportation Company(pty:dft) (Walters, Randall) Modified docket text on 12/13/2022 (oyh). |
| Filing 17 RESPONSE AND OBJECTION filed by Louis Jacob Willis re: #11 MOTION to Dismiss or Transfer Venue (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Sahadi, Richard) |
| Filing 16 NOTICE of Application for Admission by Richard Reagan Sahadi for Brandon P. Mundt on behalf of Louis Jacob Willis. (Sahadi, Richard) Modified event and text on 11/15/2022 (ygl). |
| Filing 15 NOTICE of Attorney Appearance by Richard Reagan Sahadi for Preston Mundt on behalf of Louis Jacob Willis. (Sahadi, Richard) |
| Filing 14 AMENDED DOCUMENT by Schneider National Inc. Amendment to #10 Amended Document. Defendants' Second Amended Notice of Removal. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Speer, Aaron) |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Louis Jacob Willis. (Clerk QC note: No affiliate entered in ECF). (Sahadi, Richard) (Main Document 12 replaced to flatten pdf on 11/8/2022) (mms). Modified on 11/8/2022 (mms). |
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Filing 13
ORDER: The Schneider defendants' amended notice of removal fails to comply with the court's previous order. See generally Defendant's [sic] First Amended Notice of Removal (docket entry #10 ). Accordingly, by November 10, 2022, the Schneider defendants shall file and serve a second amended notice of removal alleging the citizenship of Willis, Tyner, and Aladdin. Failure to timely file and serve such a second amended notice of removal will result in remand to the County Court at Law No. 3 of Dallas County, Texas, without further notice. (Ordered by Senior Judge A. Joe Fish on 11/4/2022) (ndt)
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| Filing 11 MOTION to Dismiss or Transfer Venue filed by Schneider National Carriers Inc. (Attachments: #1 Proposed Order Order) (Speer, Aaron) |
| Filing 10 AMENDED DOCUMENT Defendant's First Amended Notice of Removal. by Schneider National Inc. Amendment to #1 Notice of Removal. (Speer, Aaron) Modified text on 11/7/2022 (sxf). |
| Filing 9 Supplemental Document (Supplemental Civil Cover Sheet) by Schneider National Inc as to #1 Notice of Removal . (Mayer, Zach) Modified text on 11/4/2022 (sxf). (Main Document 9 replaced to flatten on 11/4/2022) (sxf). |
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Filing 8
ELECTRONIC ORDER: Brandon P. Mundt ("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 November 17, 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 11/2/2022) (chmb)
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Filing 7
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 November 14, 2022, the plaintiff shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will result in dismissal without prejudice of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 11/2/2022) (chmb)
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Filing 6
ELECTRONIC ORDER: N.D. Tex. Civ. R. 81.1 provides that "[t]he party or parties that remove a civil action from state court must provide the following to the clerk for filing... a supplemental civil cover sheet[.]" Accordingly, no later than November 10, 2022, the removing defendants must comply with this rule. (Ordered by Senior Judge A. Joe Fish on 11/2/2022) (chmb)
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Filing 5
ORDER: From the plaintiff's allegations, the court cannot tell whether there is diversity of citizenship or not. Accordingly, the Schneider defendants shall file and serve an amended notice of removal alleging the citizenship of Willis, Tyner, and Aladdin no later than November 10, 2022. Failure to timely file and serve such an amended notice of removal will result in remand to the County Court at Law No. 3 of Dallas County, Texas, without further notice. (Ordered by Senior Judge A. Joe Fish on 11/1/2022) (ndt)
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Filing 4
ELECTRONIC ORDER: On October 31, 2022, the defendants Schneider National Inc., Schneider National Carriers, Inc., and Schneider National Bulk Carriers Inc. 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 November 21, 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 11/1/2022) (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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mms) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Schneider National Inc. (Clerk QC note: Affiliate entry indicated). (Mayer, Zach) Modified text on 11/1/2022 (mms). |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Schneider National Inc. (Filing fee $402; receipt number ATXNDC-13264525) 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, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Cover Sheet Civil Cover Sheet) (Mayer, Zach) Modified text on 11/1/2022 (mms). |
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