Taylor v. Makita Corporation et al
| Curtis Taylor |
| Makita Corporation, Makita U.S.A., Inc., Makita Corporation of America, Forney Industries, Inc., Makita USA Inc and Forney Industries Inc |
| 3:2023cv01533 |
| July 10, 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 |
| Both |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER APPOINTING INTERNATIONAL PROCESS SERVER - Before the Court is Plaintiff's Unopposed Motion for Appointment of International Process Server to Serve Defendant Makita Corporation (the "Motion") (Doc. No. 20). Having considered the Motion, the Court finds good cause exists for the appointment of an international process server to effectuate service on Defendant Makita Corporation. Accordingly, the Court GRANTS the Motion. (Ordered by Judge Ed Kinkeade on 9/7/2023) (chmb)
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| Filing 20 MOTION unopposed motion for appointment of international process server to serve defendant makita corporation filed by Curtis Taylor (Attachments: #1 Proposed Order) (Mitchell, James) |
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Filing 19
ELECTRONIC ORDER: Defendant Makita Corporation ("Makita") filed a Rule 12(b)(5) Motion Challenging Insufficient Service of Process (the "Motion") (Doc. No. 4). Plaintiff filed his Response to the Motion representing to the Court his agreement to pursue service on Makita through the Hague Convention thus rendering the Motion moot. Doc. No. 15. Makita filed its Notice of Withdrawal of its 12(b)(5) Motion to Dismiss for Insufficient Service of Process. Doc. No. 18. Accordingly, the Court DENIES as moot Makita's Rule 12(b)(5) Motion Challenging Insufficient Service of Process (Doc. No. 4). (Ordered by Judge Ed Kinkeade on 9/5/2023) (chmb)
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| Filing 18 RESPONSE filed by Makita Corporation, Makita Corporation of America, Makita USA Inc re: #4 MOTION 12(b)(5) Challenging Insufficient Service of Process (Rivas, Karl) Modified docket text on 9/1/2023 (oyh). |
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Filing 17
ELECTRONIC ORDER: In light of Plaintiff's Response to Defendant Makita Corporation's 12(b)(5) Motion to Dismiss for Insufficient Service of Process (Doc. No. 15), the Court ORDERS Defendant Makita Corporation to file, by September 1, 2023, either a notice withdrawing its Motion to Dismiss under Rule 12(b)(5) as moot OR a reply in further support of its Motion to Dismiss with citations to legal authority for its position that the requested relief is still necessary. (Ordered by Judge Ed Kinkeade on 8/28/2023) (chmb)
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| Filing 16 Summons Reissued as to Makita Corporation. (oyh) |
| Filing 15 RESPONSE filed by Curtis Taylor re: #4 MOTION 12(b)(5) Challenging Insufficient Service of Process (Attachments: #1 Exhibit(s) Exhibit A) (Mitchell, James) |
| Filing 14 Request for Clerk to issue Summons filed by Curtis Taylor. (Mitchell, James) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Makita Corporation, Makita Corporation of America, Makita USA Inc. (Clerk QC note: No affiliate entered in ECF). (Rivas, Karl) (Main Document 13 replaced to flatten pdf on 8/14/2023) (mms). Modified on 8/14/2023 (mms). |
| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Curtis Taylor. (Clerk QC note: No affiliate entered in ECF). (Mitchell, James) |
| Filing 11 NOTICE of Attorney Appearance by David B Dowell on behalf of Makita Corporation, Makita Corporation of America, Makita USA Inc. (Filer confirms contact info in ECF is current.) (Dowell, David) |
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Filing 10
ELECTRONIC ORDER: Plaintiff filed this case in federal court on the basis of diversity jurisdiction. See Doc. No. 1 at 3. In cases where subject matter jurisdiction is based on diversity under 28 U.S. C. 1332(a), Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that each party's disclosure statement "must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.]" Fed. R. Civ. P. 7.1(a)(2) (effective December 1, 2022). Defendants timely filed their respective Certificate of Interested Persons/Disclosure Statement. Doc. Nos. 6 & 8. But neither document contains the required disclosure statement regarding citizenship pursuant to Rule 7.1(a)(2). Accordingly, Defendants shall file amended certificate of interested persons/disclosure statements by August 15, 2023.Plaintiff failed altogether to file his separately signed certificate of interested persons as required by this Court's Local Civil Rule 3.1(c). This document is essential for the Court to determine whether recusal is necessary. Thus, Plaintiff shall file his certificate of interested persons, which includes the disclosure statement required under Rule 7.1(a)(2), by August 15, 2023. Failure to do so may result in sanctions being imposed. (Ordered by Judge Ed Kinkeade on 8/7/2023) (chmb)
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Filing 9
ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where the attorney of record for a party does not reside or maintain their principal office in this district. By August 28, 2023, Defendants shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). (Ordered by Judge Ed Kinkeade on 8/7/2023) (chmb)
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| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Makita USA Inc. (Clerk QC note: No affiliate entered in ECF). (Rivas, Karl) (Main Document 8 replaced to flatten pdf on 8/15/2023) (mms). Modified on 8/15/2023 (mms). |
| Filing 7 ANSWER to #1 Complaint with Jury Demand filed by Makita 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. (Rivas, Karl) Modified docket text on 8/15/2023 (mms). |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Makita Corporation of America. (Clerk QC note: No affiliate entered in ECF). (Rivas, Karl) (Main Document 6 replaced to flatten pdf on 8/15/2023) (mms). Modified on 8/15/2023 (mms). |
| Filing 5 ANSWER to #1 Complaint with Jury Demand filed by Makita Corporation of America. 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. (Rivas, Karl) Modified text on 8/15/2023 (mms). |
| Filing 4 MOTION 12(b)(5) Challenging Insufficient Service of Process filed by Makita Corporation, Makita Corporation of America, Makita USA Inc Attorney Karl Thomas Rivas added to party Makita Corporation(pty:dft), Attorney Karl Thomas Rivas added to party Makita Corporation of America(pty:dft), Attorney Karl Thomas Rivas added to party Makita USA Inc(pty:dft) (Rivas, Karl) Modified docket text on 8/15/2023 (mms). |
| Filing 3 Summons Issued as to Forney Industries Inc, Makita Corporation, Makita Corporation of America, Makita USA Inc. (agc) |
| 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (agc) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Curtis Taylor. (Filing fee $402; Receipt number ATXNDC-13871339) Clerk to issue summons(es). 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, 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 Cover Sheet Case Sheet, #2 Additional Page(s) Summons, #3 Additional Page(s) summons, #4 Additional Page(s) summons, #5 Additional Page(s) summons) (Mitchell, James) |
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