Aguilar v. ALDI (Texas) LLC
| Elizabeth Aguilar |
| ALDI (Texas) LLC |
| 3:2024cv00448 |
| February 26, 2024 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-Non-Motor Vehicle |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
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Filing 22
STIPULATED PROTECTIVE ORDER. (Ordered by Senior Judge A. Joe Fish on 4/15/2024) (kaf)
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Filing 21
ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: Trial set for four-week docket beginning 6/2/2025 before Senior Judge A. Joe Fish. Joinder of Parties due by 5/31/2024. Amended Pleadings due by 5/31/2024. Motions due by 3/3/2025. Discovery due by 3/31/2025. Pretrial Order due by 5/23/2025. Pretrial Materials due by 5/23/2025. Pretrial Conference set for 5/30/2025 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 4/13/2024) (cfk)
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| Filing 20 Joint MOTION for Protective Order filed by ALDI (Texas) LLC (Attachments: #1 Proposed Order Stipulated Protective Order) (Cox, Clinton) |
| Filing 19 Joint STATUS REPORT filed by Elizabeth Aguilar. (Brown, Dustin) |
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Filing 18
STATUS REPORT ORDER: Status Report due by 4/12/2024. (Ordered by Senior Judge A. Joe Fish on 3/22/2024) (ndt)
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| Filing 17 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Elizabeth Aguilar. (Clerk QC note: No affiliate entered in ECF). (Brown, Dustin) |
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Filing 16
ORDER granting #15 Motion for Leave to File. It is ORDERED that this case is REOPENED. The plaintiffs motion for leave to file a certificate of interested parties is GRANTED. The plaintiff shall file her certificate of interested parties no later than 3/26/2024 (The requesting party must file the document with the clerk.) (Ordered by Senior Judge A. Joe Fish on 3/21/2024) (ykp)
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| Filing 15 Amended MOTION for Leave to File Certificate of Interested Parties filed by Elizabeth Aguilar (Brown, Dustin) |
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Filing 14
ELECTRONIC ORDER: On March 19, 2024, the court dismissed this case without prejudice due to the plaintiff's failure to timely file a certificate of interested persons satisfying the requirements of Local Rule 3.1(c) or 3.2(e). See docket entry 12. Before the court is the plaintiff's motion to reopen or to reinstate case ("motion") in which the plaintiff generally states that "Plaintiff... requests for this case to be reopened or reinstated due to the mistake of Plaintiff's attorney and his legal assistant in not filing it timely, which was only a mistake and not intentional or the result of indifference." See docket entry 13. The motion is DENIED without prejudice to the plaintiff's refiling of an amended motion to reopen or to reinstate this case specifying what the mistake or neglect was that made it excusable. (Ordered by Senior Judge A. Joe Fish on 3/20/2024) (chmb)
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| Filing 13 MOTION for Leave to File Certificate of Interested Parties (), MOTION to Reopen Case filed by Elizabeth Aguilar (Brown, Dustin) |
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Filing 12
ELECTRONIC ORDER: On February 28, 2024, the plaintiff was ordered to file a certificate of interested persons satisfying the requirements of Local Rule 3.1(c) or 3.2(e) no later than March 18, 2024 (docket entry 6) but has failed to do so. Accordingly, this case is dismissed without prejudice. Rule 16(f)(1)(C), F.R. Civ. P. (Ordered by Senior Judge A. Joe Fish on 3/19/2024) (chmb)
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| Civil case terminated. (chmb) |
| Filing 11 Supplemental Document by ALDI (Texas) LLC . (Attachments: #1 Cover Sheet Supplement State Court Docket) (Cox, Clinton) (Main Document 11 flattened on 3/20/2024) (kcr). |
| Filing 10 AMENDED DOCUMENT by ALDI (Texas) LLC. Amendment to #1 Notice of Removal,,,, #8 Order Setting Deadline/Hearing. . (Cox, Clinton) |
| Filing 9 ***PLEASE DISREGARD PER ATTORNEY/FILED IN THE WRONG CASE***AMENDED DOCUMENT by ALDI (Texas) LLC. Amendment to #1 Notice of Removal,,,,. . (Cox, Clinton) Modified on 3/6/2024 (ykp). |
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Filing 8
ORDER: By 3/10/2024, the defendant shall file and serve an amended notice of removal alleging its citizenship. (Ordered by Senior Judge A. Joe Fish on 2/29/2024) (sxf)
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Filing 7
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] a copy of the docket sheet in the state court action[.]" Accordingly, no later than March 18, 2024, the defendant must comply with this rule. (Ordered by Senior Judge A. Joe Fish on 2/29/2024) (chmb)
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Filing 6
ELECTRONIC ORDER: On February 26, 2024, the defendant 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 March 18, 2024, 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 2/28/2024) (chmb)
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| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by ALDI (Texas) LLC. (Clerk QC note: No affiliate entered in ECF). (Cox, Clinton) |
| Filing 2 ADDITIONAL ATTACHMENTS to #1 Notice of Removal by Defendant ALDI (Texas) LLC. (Cox, Clinton) (Main Document 2 replaced with flattened document on 2/28/2024) (ykp). |
| 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by ALDI (Texas) LLC. (Filer fee note- Fee paid in case 93253.) 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) Petition, #2 Exhibit(s) Certificate, #3 Exhibit(s) Answer) (Cox, Clinton) |
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| Plaintiff: Elizabeth Aguilar | |
| Represented By: | Dustin Cole Brown |
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| Defendant: ALDI (Texas) LLC | |
| Represented By: | Clinton V Cox, IV |
| Represented By: | Nicole Nicole Biscoe |
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