Mwaniki v. Austin et al
Plaintiff: Peter Mwaniki
Defendant: Z&Z Trucking Inc and Zar Austin
Pretrial Services: ADR Provider
Case Number: 3:2024cv02155
Filed: August 22, 2024
Court: US District Court for the Northern District of Texas
Presiding Judge: David L Horan
Nature of Suit: Torts/Pers Inj: Motor Vehicle
Cause of Action: 28 U.S.C. § 1442 Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2024 Opinion or Order Filing 22 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 11/17/2025 09:00 AM in US Courthouse, Courtroom 1561, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge David L. Horan. Pretrial Conference set for 11/13/2025 10:00 AM in US Courthouse, Courtroom 1561, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge David L. Horan. Pretrial Materials due by 11/10/2025. Pretrial Order due by 11/10/2025. (Ordered by Magistrate Judge David L. Horan on 10/15/2024) (kcr)
October 15, 2024 Opinion or Order Filing 21 INITIAL SCHEDULING ORDER: Joinder of Parties due by 1/30/2025. Amended Pleadings due by 2/18/2025. Discovery due by 7/18/2025. Deadline for mediation is on or before 8/4/2025. Motions due by 8/19/2025. (Ordered by Magistrate Judge David L. Horan on 10/15/2024) (axm)
October 15, 2024 Opinion or Order Filing 20 STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 10/15/2024) (axm)
October 15, 2024 Opinion or Order Filing 19 STANDING ORDER ON REQUESTS FOR HEARINGS AND ORAL ARGUMENTS. (Ordered by Magistrate Judge David L. Horan on 10/15/2024) (axm)
October 15, 2024 Opinion or Order Filing 18 STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 10/15/2024) (axm)
October 15, 2024 Opinion or Order Filing 17 ELECTRONIC ORDER:It has come to the Court's attention that Joshua L. Taylor is not admitted to practice in the United States District Court for the Northern District of Texas.By November 4, 2024, Joshua L. Taylor must either become admitted to practice in this District, see Local Civil Rule 83.7, or move the Court to be admitted pro hac vice, see Local Civil Rule 83.9(b).(Ordered by Magistrate Judge David L. Horan on 10/15/2024.) (mcrd)
October 15, 2024 ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #17 Tue Oct 15 15:26:11 CDT 2024 (crt)
October 14, 2024 Filing 16 NOTICE of Attorney Appearance by Gregory Alan Schlak for Chad L. Farrar on behalf of Z&Z Trucking Inc. (Schlak, Gregory)
October 11, 2024 Filing 15 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Scheduling Conference held on 10/11/2024. Attorney Appearances: Plaintiff - Olawale Adeogun; Defense - Gregory Schlak. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :13. (tub)
October 11, 2024 Opinion or Order Filing 14 CONSENT to Proceed Before a U.S. Magistrate Judge by all parties and Order Reassigning Case. Case reassigned to Magistrate Judge David L. Horan for all further proceedings. Judge Karen Gren Scholer no longer assigned to case. (Ordered by Judge Karen Gren Scholer on 10/11/2024) (ndt)
October 11, 2024 Opinion or Order Filing 13 MEDIATION ORDER. The court appoints Paul Michael McCullough, Jr as mediator. The parties are to complete mediation within 90 days. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 10/11/2024) (ndt)
October 11, 2024 Filing 12 First STATUS REPORT (Joint Rule 26(f) Report filed by Peter Mwaniki. (Hunnicutt, Richard)
October 11, 2024 Filing 11 Proposal for contents of scheduling and discovery order (Jointly Agreed) by Peter Mwaniki. (Hunnicutt, Richard)
October 9, 2024 Filing 10 NOTICE of Attorney Appearance by Richard W Hunnicutt, III for Olawale Adeogun on behalf of Peter Mwaniki. (Hunnicutt, Richard)
October 3, 2024 Opinion or Order Filing 9 ELECTRONIC ORDER: **TIME CHANGE ONLY** The Court RESETS the October 11, 2024, FRCP 16 Scheduling Conference to 11:30 a.m. (Ordered by Judge Karen Gren Scholer on 10/3/2024) (chmb)
September 23, 2024 Opinion or Order Filing 8 ORDER SETTING INITIAL HEARING: Pursuant to Federal Rule of Civil Procedure 16, the Court hereby sets this case for hearing on 10/11/2024 01:00 PM before Judge Karen Gren Scholer. At least one counsel of record for each party shall be present. This hearing will be conducted in person. (Ordered by Judge Karen Gren Scholer on 9/23/2024) (ykp)
September 18, 2024 Filing 7 AMENDED DOCUMENT by Z&Z Trucking Inc, Zar Austin. Amendment to #1 Notice of Removal. (Attachments: #1 Exhibit(s) A) (Schlak, Gregory)
September 6, 2024 Opinion or Order Filing 6 ORDER: Defendants Zar Austin and Z&Z Trucking, Inc.'s Notice of Removal, appears to predicate subject matter jurisdiction upon diversity of citizenship, 28 U.S.C. 1332, but fails to allege properly the citizenship of Plaintiff Peter Mwaniki and Defendant Zar Austin. Until Defendants allege the parties' citizenships, this Court is not shown to have subject matter jurisdiction. Accordingly, no later than 21 days from the date of this Order, Defendants must file an amended notice of removal that alleges diversity of citizenship, in conformity with 28 U.S.C. 1332; otherwise, this action will be remanded to state court. (Ordered by Judge Karen Gren Scholer on 9/6/2024) (ykp)
September 6, 2024 ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Fri Sep 6 16:35:13 CDT 2024 (crt)
September 3, 2024 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Peter Mwaniki. (Clerk QC note: No affiliate entered in ECF). (Hunnicutt, Richard)
August 23, 2024 ***Clerk's Notice of delivery: (see NEF for details) Docket No:3, 4. Fri Aug 23 08:05:37 CDT 2024 (crt)
August 22, 2024 Opinion or Order Filing 4 ELECTRONIC STANDING ORDER: Counsel are required to review and comply with the Court's Judge Specific Requirements, which can be found here: # Judge Requirements . The Court updates its Requirements periodically. Also, counsel are required to review and comply with the Northern District of Texas's Local Civil Rules, which can be found here: # Civil Rules . In particular, the Court directs counsel to review Rules 3.1, 7.4, and 81.2, regarding certificates of interested persons, and Rule 83.10, regarding local counsel. Counsel are expected to review the Requirements and Local Rules before contacting the Court with questions. (Ordered by Judge Karen Gren Scholer on 8/22/2024) (kcr)
August 22, 2024 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)
August 22, 2024 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Zar Austin, Z&Z Trucking, Inc.. (Clerk QC note: No affiliate entered in ECF). (Schlak, Gregory)
August 22, 2024 Filing 1 NOTICE OF REMOVAL filed by Z&Z Trucking, Inc., Zar Austin. (Filing fee $405; receipt number ATXNDC-14861234) 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) Exhibit A, #2 Exhibit(s) Exhibit A-1, #3 Exhibit(s) Exhibit A-2, #4 Exhibit(s) Exhibit A-3, #5 Exhibit(s) Exhibit A-4, #6 Exhibit(s) Exhibit A-5) (Schlak, Gregory)

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Plaintiff: Peter Mwaniki
Represented By: Olawale Opemipo Adeogun
Represented By: Joshua L Taylor
Represented By: Richard W Hunnicutt, III
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Defendant: Z&Z Trucking Inc
Represented By: Chad L Farrar
Represented By: Gregory Alan Schlak
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Defendant: Zar Austin
Represented By: Chad L Farrar
Represented By: Gregory Alan Schlak
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Pretrial services: ADR Provider
Represented By: Paul Michael McCullough, Jr
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