Dominguez v. Liberty Hardware Retail & Design Services LLC et al
| Miguel Dominguez |
| Liberty Hardware Retail & Design Services LLC and Home Depot USA Inc doing business as The Home Depot |
| 3:2023cv00326 |
| February 13, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
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 18
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 3/27/2023) (chmb)
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Filing 17
ORDER granting #16 Motion for Protective Order. (Ordered by Judge Ed Kinkeade on 3/27/2023) (chmb)
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| Filing 16 MOTION for Protective Order filed by Liberty Hardware Retail & Design Services LLC (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Tucker, Pryce) |
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Filing 15
SCHEDULING ORDER: Jury Trial set for 5/6/2024 before Judge Ed Kinkeade. Deadline for mediation is on or before 7/21/2023. Joinder of Parties due by 6/20/2023. Amended Pleadings due by 6/20/2023. Discovery due by 10/31/2023. Motions due by 11/30/2023. Pretrial Order due by 4/24/2024. Pretrial Materials due by 4/24/2024. (Ordered by Judge Ed Kinkeade on 3/14/2023) (chmb)
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| Filing 14 Joint STATUS REPORT filed by Miguel Dominguez. (Verich, Rachel) |
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Filing 12
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Elizabeth Favaro. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 2/28/2023) (chmb)
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| Filing 11 AMENDED DOCUMENT by Liberty Hardware Retail & Design Services LLC. Amendment to #1 Notice of Removal. . (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Tucker, Pryce) |
| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13539451) filed by Home Depot USA Inc, Liberty Hardware Retail & Design Services LLC (Favaro, Elizabeth) |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Miguel Dominguez. (Clerk QC note: No affiliate entered in ECF). (Verich, Rachel) |
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Filing 8
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 2/21/2023) (chmb)
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| Filing 7 ANSWER to Complaint with Jury Demand filed by Home Depot USA Inc. 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. (Tucker, Pryce) |
| Filing 6 ANSWER to Complaint with Jury Demand filed by Liberty Hardware Retail & Design 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. (Tucker, Pryce) |
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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 address this citizenship issue in an amended notice of removal by February 24, 2023. Each party,s Certificate of Interested Persons / Disclosure Statement must also properly reflect the citizenship of all parties.Failure to timely comply with this Order will result in the remand of this case without further notice. See 28 U.S.C. 1447(c); see also Gasch v. Hartford Acc. & Indem. Co., 491 F.3d 278, 281 (5th Cir. 2007) ("The removal statute is therefore to be strictly construed, and any doubt about the propriety of removal must be resolved in favor of remand.") (Ordered by Judge Ed Kinkeade on 2/15/2023) (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. (acm) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Liberty Hardware Retail & Design Services LLC. (Clerk QC note: No affiliate entered in ECF). (Tucker, Pryce) Modified description on 2/13/2023 (acm). |
| Filing 2 ADDITIONAL ATTACHMENTS to #1 Notice of Removal by Defendant Liberty Hardware Retail & Design Services LLC (Attachments: #1 Attachment to Cover Sheet Supplement, #2 Cover Sheet Supplement, #3 Additional Page(s)) (Tucker, Pryce) Modified text on 2/13/2023 (axm). (Main Document 2 flattened and replaced on 2/13/2023) (acm). Modified description on 2/13/2023 (acm). |
| Filing 1 NOTICE OF REMOVAL filed by Liberty Hardware Retail & Design Services LLC (Filing fee $402; receipt number ATXNDC-13512256) 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) 2, #3 Exhibit(s) 3, #4Exhibit(s) 4) (Tucker, Pryce) Modified description on 2/13/2023 (acm). |
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