MCR Oil Tools LLC v. Expro Holdings UK 4 Limited
| MCR Oil Tools LLC |
| Expro Holdings UK 4 Limited |
| 3:2024cv00601 |
| March 12, 2024 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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Filing 25
ORDER: The Court finds that Defendant contractually waived its right of removal and, because removal was improper, remand is required. The Court grants Plaintiff's #8 Motion to Remand. Because the Court cannot conclude that Defendant lacked an objectively reasonable basis for removing this case, plaintiff's request to file an application for attorneys' fees and costs is denied. This case is remanded to the 193rd Judicial District Court of Dallas County, Texas. (Ordered by Judge Ed Kinkeade on 4/4/2024) (chmb) (Additional attachment(s) added on 4/5/2024: #1 Remand Letter) (kcr).
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| Filing 24 RESPONSE filed by MCR Oil Tools LLC re: #23 MOTION for Leave to File First Supplemental Response in Opposition to Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Proposed Order) (Riemer, Benjamin) |
| Filing 23 MOTION for Leave to File First Supplemental Response in Opposition to Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction filed by Expro Holdings UK 4 Limited with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1) (Lockhart, Steven) |
| Filing 22 REPLY filed by MCR Oil Tools LLC re: #8 MOTION to Remand to State Court (Riemer, Benjamin) |
| Filing 21 RESPONSE filed by Expro Holdings UK 4 Limited re: #8 MOTION to Remand to State Court (Lockhart, Steven) |
| Filing 20 REPLY filed by MCR Oil Tools LLC re: #16 MOTION for Temporary Restraining Order (Riemer, Benjamin) |
| Filing 19 Appendix in Support filed by Expro Holdings UK 4 Limited re #18 Response/Objection to Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J) (Lockhart, Steven) |
| Filing 18 RESPONSE filed by Expro Holdings UK 4 Limited re: #16 MOTION for Temporary Restraining Order (Lockhart, Steven) |
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Filing 17
ELECTRONIC ORDER: Plaintiff filed a Verified Emergency Application for Temporary Restraining Order and Preliminary Injunction (Doc. No. 16). The Court EXPEDITES the briefing related to Plaintiff's application for temporary restraining order ("TRO"). Defendant shall file its response by March 19, 2024. Plaintiff shall file its reply by March 21, 2024. There shall be no extensions of these deadlines.By expediting the briefing, the Court is in no way indicating that it considers this TRO application to be an emergency or that the TRO application will be determined on an expedited basis. (Ordered by Judge Ed Kinkeade on 3/15/2024) (chmb)
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| Filing 16 MOTION for Temporary Restraining Order filed by MCR Oil Tools LLC (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Proposed Order) (Riemer, Benjamin) |
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Filing 15
ELECTRONIC ORDER. Before the Court is Plaintiff's Emergency Motion for Expedited Hearing on Plaintiff's Motion to Remand (the "Motion for Hearing") (Doc. No. 13). The Court DENIES without prejudice Plaintiff's Motion for Hearing. The Court will decide the pending Motion to Remand (Doc. No. 8) on the parties' briefing without oral argument, unless the Court determines a hearing would be helpful or is necessary. See Fed. R. Civ. P. 78(b).The Court hereby EXPEDITES sua sponte the responsive briefing to Plaintiff's Motion to Remand only. Defendant shall file its response to the Motion to Remand by March 22, 2024. Plaintiff may file a reply by March 27, 2024. If Defendant fails to timely respond, the Court will construe the Motion to Remand as unopposed.The Court STAYS Defendant's Motion to Transfer Venue or Stay under the First-to-File Rule (Doc. No. 10) and any related responsive briefing until the Court has determined, as a threshold matter, Plaintiff's Motion to Remand. (Ordered by Judge Ed Kinkeade on 3/14/2024) (chmb)
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| Filing 14 Brief/Memorandum in Support filed by MCR Oil Tools LLC re #13 Emergency MOTION to Expedite Hearing on Plaintiff's Motion to Remand (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Palmer, Meredith) |
| Filing 13 Emergency MOTION to Expedite Hearing on Plaintiff's Motion to Remand #8 filed by MCR Oil Tools LLC (Attachments: #1 Proposed Order) (Palmer, Meredith) Modified on 3/15/2024 (kcr). |
| Filing 12 (Document Restricted) Attorney Contact Information Filed Under Seal (Sealed pursuant to SO 19-1, statute, or rule) filed by MCR Oil Tools LLC (Palmer, Meredith) |
| Filing 11 Appendix in Support filed by Expro Holdings UK 4 Limited re #10 MOTION to Transfer Case out of District/Division or Stay (Attachments: #1 Exhibit(s) 1) (Lockhart, Steven) |
| Filing 10 MOTION to Transfer Case out of District/Division or Stay filed by Expro Holdings UK 4 Limited with Brief/Memorandum in Support. (Lockhart, Steven) |
| Filing 9 Brief/Memorandum in Support filed by MCR Oil Tools LLC re #8 MOTION to Remand to State Court (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Palmer, Meredith) |
| Filing 8 MOTION to Remand to State Court filed by MCR Oil Tools LLC (Attachments: #1 Proposed Order) (Palmer, Meredith) |
| Filing 7 (Document Restricted) Attorney Contact Information Filed Under Seal (Sealed pursuant to SO 19-1, statute, or rule) filed by Expro Holdings UK 4 Limited (Lockhart, Steven) |
| Filing 6 NOTICE of Attorney Appearance by Meredith Nicole Palmer on behalf of MCR Oil Tools LLC. (Filer confirms contact info in ECF is current.) (Palmer, Meredith) |
| Filing 5 NOTICE of Attorney Appearance by Steven C Lockhart on behalf of Expro Holdings UK 4 Limited. (Filer confirms contact info in ECF is current.) (Lockhart, Steven) |
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Filing 4
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. Further, pursuant to the undersigned's Judge Specific Requirements, local counsel must sign all documents filed with this Court. Defendant lists a local attorney in the signature block of its Notice of Removal, but local counsel did not sign the Notice of Removal. See Doc. No. 1 at 6. At this time, the only attorney of record for Defendant is located outside of this District. By March 20, 2024, Defendant shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). Also, any filings after the entry of this Order which do not include local counsel's signature will be immediately unfiled regardless of any related deadline. (Ordered by Judge Ed Kinkeade on 3/13/2024) (chmb)
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| 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. (ndt) |
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Filing 2
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 3/12/2024) (chmb)
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Expro Holdings UK 4 Limited. (Filing fee $405; receipt number ATXNDC-14458184) 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) 1, #7 Exhibit(s) 2, #8 Exhibit(s) 3, #9 Exhibit(s) 4, #10 Exhibit(s) 5, #11 Exhibit(s) 6, #12 Exhibit(s) 7, #13 Exhibit(s) 8, #14 Exhibit(s) 9, #15 Exhibit(s) 10, #16 Exhibit(s) 11, #17 Exhibit(s) 12) (Dillard, Craig) |
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