Osornia, Jr. v. Martin et al
Plaintiff: Phillip Osornia, Jr.
Defendant: Geraldo Martin and Swift Transportation Company of Arizona LLC
Case Number: 3:2023cv02499
Filed: November 9, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: A Joe Fish
Nature of Suit: Torts/Pers Inj: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2023 Opinion or Order Filing 9 AGREED ORDER OF DISMISSAL WITH PREJUDICE: IT IS THEREFORE ORDERED that all claims held by the plaintiff Phillip Osornia, Jr. against the defendants Geraldo Martin and Swift Transportation Company of Arizona, LLC, are hereby DISMISSED and with all costs taxed against the party incurring the same. (Ordered by Senior Judge A. Joe Fish on 11/28/2023) (oyh)
November 21, 2023 Filing 8 Agreed STIPULATION of Dismissal with Prejudice filed by Swift Transportation Company of Arizona LLC. (Attachments: #1 Proposed Order) (Sargent, David) Modified event on 11/21/2023 (sxf).
November 21, 2023 Filing 7 ***Please Disregard per Attorney to refile*** MOTION to Dismiss filed by Swift Transportation Company of Arizona LLC (Sargent, David) Modified text on 11/21/2023 (sxf).
November 10, 2023 Opinion or Order Filing 6 ELECTRONIC ORDER: On November 9, 2023, the defendants 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 30, 2023, 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 11/10/2023) (chmb)
November 9, 2023 Filing 5 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. (oyh)
November 9, 2023 Filing 4 DEMAND for Trial by Jury by Geraldo Martin, Swift Transportation Company of Arizona, LLC. (Sargent, David)
November 9, 2023 Filing 3 ANSWER to Complaint (Notice of Removal) filed by Geraldo Martin, Swift Transportation Company of Arizona, LLC (Sargent, David)
November 9, 2023 Filing 2 NOTICE of Filing of Removal filed by Geraldo Martin, Swift Transportation Company of Arizona, LLC (Sargent, David)
November 9, 2023 Filing 1 NOTICE OF REMOVAL filed by Swift Transportation Company of Arizona, LLC, Geraldo Martin. (Filing fee $402; receipt number ATXNDC-14163515) 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) Index of Matters Being Filed, #2 Exhibit(s) Index of State Court File, #3 Exhibit(s) Certificate of Interested Persons, #4 Exhibit(s) Swift Transportation Co. of Arizona's Disclosure Statement, #5 Cover Sheet Federal Civil Cover Sheet, #6 Cover Sheet Supplement Supplemental Federal Civil Cover Sheet) (Sargent, David)
November 9, 2023 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Geraldo Martin, Swift Transportation Company of Arizona LLC. (Clerk QC note: No affiliate entered in ECF). (See document [ #1 -3] for image) (oyh)

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Plaintiff: Phillip Osornia, Jr.
Represented By: Jill Herz
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Defendant: Geraldo Martin
Represented By: David L Sargent
Represented By: Martha Marie Posey
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Defendant: Swift Transportation Company of Arizona LLC
Represented By: David L Sargent
Represented By: Martha Marie Posey
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