Elliott v. Gonzalez et al
Plaintiff: Johnny Elliott
Defendant: Onofre Gonzalez Nino, Onofre Gonzalez and Onofre Gonzalez doing business as O Gonzalez Trucking
Case Number: 3:2023cv02673
Filed: December 4, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: A Joe Fish
Nature of Suit: Torts/Pers Inj: Other Personal Injury
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2024 Opinion or Order Filing 18 ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: Trial set for four-week docket beginning 3/3/2025 before Senior Judge A. Joe Fish. Joinder of Parties due by 4/9/2024. Amended Pleadings due by 4/9/2024. Motions due by 10/30/2024. Discovery due by 9/30/2024. Pretrial Materials due by 2/21/2025. Pretrial Order due by 2/21/2025. Pretrial Conference set for 2/28/2025 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 1/29/2024) (sxf) Modified text on 1/30/2024 (sxf).
January 25, 2024 Filing 17 Response re 16 Electronic Order filed by Onofre Gonzalez Nino (Walters, Randall) Modified text on 1/25/2024 (rekc).
January 25, 2024 Opinion or Order Filing 16 ELECTRONIC ORDER: The parties contend that the "Defendants' Motion for Bifurcated Trial is the only pending motion in this case." Joint Status Report (docket entry 15) at 2. The defendants failed to provide the court with "Defendants' First Amended Answer and Motion for Bifurcated Trial" filed in state court on November 28, 2023. See Index of Documents Filed in State Court (docket entry 10); see also State Court Docket Sheet (docket entry 10-1). Local Rule 81.1(a)(4)(C) provides that "[t]he party or parties that remove a civil action from state court must provide... to the clerk for filing... each document filed in the state court action[.]" No later than January 30, 2024, the defendants must comply with this rule. The court notes that the defendants must refile their motion for bifurcated trial, filed in state court, in federal court or this court will not consider the motion. Thus, contrary to the parties' joint status report, the defendants' motion for bifurcated trial is not pending before this court. Should the defendants refile their motion for bifurcated trial in this court, an answer and a motion may not be combined. (Ordered by Senior Judge A. Joe Fish on 1/25/2024) (chmb)
January 24, 2024 Filing 15 Joint STATUS REPORT filed by Onofre Gonzalez Nino, Onofre Gonzalez. (Walters, Randall)
January 3, 2024 Opinion or Order Filing 14 STATUS REPORT ORDER: Status Report due by 1/24/2024. (Ordered by Senior Judge A. Joe Fish on 1/3/2024) (ndt)
December 28, 2023 Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Johnny Elliott. (Clerk QC note: No affiliate entered in ECF). (Miers, Mitchell)
December 14, 2023 Filing 12 Supplemental Document by Onofre Gonzalez Nino, Onofre Gonzalez Notice of Removal. (Walters, Randall)
December 11, 2023 Filing 11 Supplemental Document by Onofre Gonzalez Nino, Onofre Gonzalez as to #8 Order Unfiling Pleading, Supplemental Civil Cover Sheet. (Walters, Randall)
December 8, 2023 Filing 10 NOTICE of Index of Documents Filed in State Court re: 5 Order,, filed by Onofre Gonzalez Nino, Onofre Gonzalez (Attachments: #1 Exhibit(s)) (Walters, Randall)
December 8, 2023 Filing 9 Additional Attachment by Onofre Gonzalez as to 5 Order, Supplemental Civil Cover Sheet. (Walters, Randall) (Main Document 9 replaced to flatten on 12/11/2023) (kaf). Modified event text on 12/11/2023 (kaf).
December 7, 2023 Opinion or Order Filing 8 Order Unfiling [ #1 -1] Civil Cover Sheet, filed by Onofre Gonzalez Nino, Onofre Gonzalez Correct the following: I. County of Residence of First Listed Plaintiff List all Defendants County of Residence of First Listed Defendant IV. Nature of Suit, Torts: 350 Motor Vehicle. (Ordered by Senior Judge A. Joe Fish on 12/7/2023) (oyh)
December 7, 2023 Opinion or Order Filing 7 ORDER: From the plaintiffs allegations and the defendants' notice, the court cannot tell whether there is diversity of citizenship or not. Accordingly, by 12/18/2023, the defendants shall file and serve an amended notice of removal. (Ordered by Senior Judge A. Joe Fish on 12/7/2023) (oyh)
December 7, 2023 Opinion or Order Filing 6 ELECTRONIC ORDER: On December 4, 2023, the defendants filed a notice of removal in this case. N.D. Tex. Civ. R. 81.2 requires 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." Accordingly, no later than December 28, 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 12/7/2023) (chmb)
December 7, 2023 Opinion or Order Filing 5 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... and... an index of all documents that clearly identifies each document and indicates the date the document was filed in state court... [and] a copy of the docket sheet in the state court action...." Accordingly, no later than December 14, 2023, the removing defendants must comply with this rule. (Ordered by Senior Judge A. Joe Fish on 12/7/2023) (chmb)
December 4, 2023 Filing 4 DEMAND for Trial by Jury by Johnny Elliott. Per Plaintiff's Original Petition, Docket #1 Exhibit 2, Page 7. (cea)
December 4, 2023 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. (kcr)
December 4, 2023 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Onofre Gonzalez Nino, Onofre Gonzalez. (Clerk QC note: No affiliate entered in ECF). (Walters, Randall) Modified party text on 12/5/2023 (kcr).
December 4, 2023 Filing 1 NOTICE OF REMOVAL filed by Onofre Gonzalez Nino, Onofre Gonzalez . (Filing fee $405; receipt number ATXNDC-14216039) 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 ***UNFIELD PER #8 ORDER*** Cover Sheet, #2 Exhibit(s)) (Walters, Randall) Modified party text on 12/5/2023 (kcr). Modified docket text on 12/7/2023 (oyh).

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Defendant: Onofre Gonzalez Nino
Represented By: Randall G Walters
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Defendant: Onofre Gonzalez
Represented By: Randall G Walters
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Defendant: Onofre Gonzalez doing business as O Gonzalez Trucking
Represented By: Randall G Walters
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Plaintiff: Johnny Elliott
Represented By: Mitchell S Miers
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