White et al v. Constitution State Services LLC
| Robert White and Sheneia Ray |
| Constitution State Services LLC |
| 3:2023cv00248 |
| February 3, 2023 |
| U.S. District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| None |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: On March 7, 2023 the court filed an order directing plaintiffs to file a certificate of interested persons, as required by the local civil rules of this court. The deadline for doing so was March 21, 2023, but plaintiffs have not yet complied with the order. Accordingly, if plaintiffs do not file the required certificate of interested persons no later than 14 calendar days from the date this order is filed, the court will dismiss this action without prejudice for want of prosecution, without additional prior notice. (Ordered by Senior Judge Sidney A Fitzwater on 3/27/2023) (ndt)
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Filing 14
ORDER: Treating plaintiffs' March 20, 2023 notice of appearance and designation of new lead counsel for plaintiffs as a motion to substitute counsel under N.D. Tex. Civ. R. 83.12(d), the court grants the motion. Accordingly, it is ordered that Moses Cage, III, Esquire, is substituted as lead counsel in place of Ricky Kemph, Esquire, who is hereby withdrawn as plaintiffs' counsel. (Ordered by Senior Judge Sidney A Fitzwater on 3/27/2023) (ndt)
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| Filing 13 NOTICE of Attorney Appearance by Moses Cage, III on behalf of Sheneia Ray, Robert White. (Filer confirms contact info in ECF is current.) (Cage, Moses) |
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Filing 12
ORDER: No later than 14 days after this order is filed, plaintiff must comply with Rule 81.2, or must adopt another partys previously-filed certificate, so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge Sidney A Fitzwater on 3/7/2023) (svc)
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Filing 11
SCHEDULING ORDER: Amended Pleadings due by 8/25/2023. Discovery due by 10/27/2023. Joinder of Parties due by 7/28/2023. Motions due by 11/3/2023. Status Report due by 10/27/2023. (Ordered by Senior Judge Sidney A Fitzwater on 3/7/2023) (svc)
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Filing 10
TRIAL SETTING ORDER:Trial set for 5/20/2024 before Senior Judge Sidney A Fitzwater. (Ordered by Senior Judge Sidney A Fitzwater on 3/7/2023) (svc)
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Filing 9
ORDER: The court is advised by the clerk of court that Ricky Kemph, Esquire ("Counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, within 14 days of the date of this order, 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. (Ordered by Senior Judge Sidney A Fitzwater on 3/6/2023) (oyh)
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| Filing 8 Proposal for contents of scheduling and discovery order : Scheduling Proposal by Constitution State Services LLC. (Pollard, Bryan) |
| Filing 7 NOTICE of Defendant Constitution State Services LLC's Amended Notice of Removal re: #4 Order,, filed by Constitution State Services LLC (Attachments: #1 Exhibit(s) A) (Pollard, Bryan) |
| Filing 6 ANSWER to Complaint filed by Constitution State Services 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. (Pollard, Bryan) |
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Filing 5
ORDER: Proposed Scheduling Order due by 3/3/2023. (Ordered by Senior Judge Sidney A Fitzwater on 2/3/2023) (ndt)
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Filing 4
ORDER: Defendant's notice of removal, filed February 3, 2023, appears to predicate subject matter jurisdiction upon diversity of citizenship, 28 U.S.C. 1332, but fails to allege properly the citizenship of Robert White ("White"), Sheneia Ray ("Ray"), and Constitution State Services, L.L.C., ("CSS") for the following reasons. Accordingly, no later than 14 days from the date of this order, defendant must file an amended notice of removal that alleges diversity of citizenship, in conformity with 28 U.S.C. 1332; otherwise, this action will be remanded to county court. (Ordered by Senior Judge Sidney A Fitzwater on 2/3/2023) (ndt)
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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 Horan). Clerk to provide copy to plaintiff if not received electronically. (mms) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Constitution State Services LLC. (Clerk QC note: No affiliate entered in ECF). (Pollard, Bryan) Modified text on 2/3/2023 (mms). |
| Filing 1 NOTICE OF REMOVAL filed by Constitution State Services LLC. (Filing fee $402; receipt number ATXNDC-13490657) 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- Index of Documents, #2 Cover Sheet, #3 Cover Sheet Supplement) (Pollard, Bryan) (Attachment 3 replaced to flatten pdf on 2/3/2023) (mms). Modified on 2/3/2023 (mms). |
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