Murphy v. Applebee's Neighborhood Grill & Bar et al
| Edward Murphy |
| APPLEBEE'S NEIGHBORHOOD GRILL & BAR and Buffalo Wild Wings doing business as Blazing Wings Inc |
| ADR Provider |
| 3:2025cv01090 |
| May 2, 2025 |
| U.S. District Court for the Northern District of Texas |
| Karen Gren Scholer |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on October 24, 2025. A more recent docket listing may be available from PACER.
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Filing 27
SCHEDULING ORDER: This case is set for JURY trial on the Court's three-week docket beginning 2/1/2027 before Judge Karen Gren Scholer. Motions due by 9/28/2026. Discovery due by 8/17/2026. Pretrial Conference set for 1/25/2027 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 10/24/2025) (ykp)
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Filing 26
ELECTRONIC ORDER: As a result of #25 Plaintiff's Fifth Amended Petition, the Court TERMINATES AS MOOT #10 Defendant Blazin Wings, Inc.'s Rule 12(B)(6) Motion to Dismiss Plaintiff's Fourth Amended Petition. (Ordered by Judge Karen Gren Scholer on 10/24/2025) (chmb)
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Filing 25
AMENDED COMPLAINT WITH JURY DEMAND FIFTH - CORRECTED against All Defendants filed by Edward Murphy. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Renteria, Juan)
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Filing 24
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Edward Murphy. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Renteria, Juan)
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Filing 23
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Applebee's Neighborhood Grill & Bar. (Clerk QC note: No affiliate entered in ECF). (Kennedy, Collin)
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Filing 22
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Edward Murphy. (Clerk QC note: Affiliate entry indicated). (Renteria, Juan)
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Filing 21
MEDIATION ORDER. The court appoints Ashley E de la Cerda as mediator. The parties are to complete mediation 90 days before trial. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 10/16/2025) (kcr)
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Filing 20
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Scheduling Conference held on 10/16/2025. Attorney Appearances: Plaintiff - Juan Renteria; Defense - Collin D. Kennedy (Dft. Applebee's); Andrew Upton (Dft. Blazin Wings, Inc.). (Court Reporter: Debbie Kriegshauser) (No exhibits) Time in Court - :15. (chmb)
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Filing 19
ELECTRONIC ORDER: At the FRCP 16 Scheduling Conference, held on October 16, 2025, Plaintiff orally moved for leave to amend her Complaint, and the Court granted the Motion. Accordingly, Plaintiff may file an amended Complaint by October 30, 2025. (Ordered by Judge Karen Gren Scholer on 10/16/2025) (chmb)
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Filing 18
Joint STATUS REPORT AND CASE MANAGEMENT PLAN filed by Buffalo Wild Wings. (Attachments: #1 Proposed Order SCHEDULING ORDER) (Upton, Andrew)
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Filing 17
ORDER SETTING INITIAL HEARING: FRCP 16 Scheduling Conference set for 10/16/2025 01:45 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 10/1/2025) (knb)
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Filing 16
MEMORANDUM OPINION AND ORDER denying #6 Motion to Remand. The Court also DENIES Plaintiff's request for costs and attorney's fees. (Ordered by Judge Karen Gren Scholer on 8/19/2025) (axm)
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Filing 15
ELECTRONIC ORDER: Without seeking leave of Court, Plaintiff filed the #12 Response in Opposition to Defendant's Motion to Dismiss Plaintiff's Fourth Amended Petition under 12(b)(6) ("Response"), after the 21-day deadline for responses set out in Local Rule 7.1(e). The Court retroactively grants leave to file the Response late and deems that document properly filed. Plaintiff also filed, without seeking leave of Court, the #14 Reply to Response in Opposition to Defendant's Motion to Dismiss under 12(b)(6) ("Surreply"). The Court instructs the Clerk to strike the Surreply without prejudice to filing a motion for leave to refile the Surreply. (Ordered by Judge Karen Gren Scholer on 8/1/2025) (chmb)
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Filing 14
***STRICKEN PER 15 ELECTRONIC ORDER*** REPLY filed by Edward Murphy re: #10 First MOTION to Dismiss Plaintiff's Fourth Amended Petition and Brief In Support (Renteria, Juan) Modified on 8/1/2025 (kcr).
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Filing 13
REPLY filed by Buffalo Wild Wings re: #10 First MOTION to Dismiss Plaintiff's Fourth Amended Petition and Brief In Support (Upton, Andrew)
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Filing 12
RESPONSE filed by Edward Murphy re: #10 First MOTION to Dismiss Plaintiff's Fourth Amended Petition and Brief In Support (Renteria, Juan)
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Filing 11
RESPONSE filed by Buffalo Wild Wings re: #6 MOTION to Remand to State Court (Upton, Andrew)
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Filing 10
First MOTION to Dismiss Plaintiff's Fourth Amended Petition and Brief In Support filed by Buffalo Wild Wings with Brief/Memorandum in Support. (Upton, Andrew)
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Filing 9
ELECTRONIC ORDER: As a result of #8 Plaintiff's Fourth Amended Petition, the Court TERMINATES AS MOOT #5 Defendant Blazin Wings, Inc.'s Rule 12(b)(6) Motion to Dismiss. (Ordered by Judge Karen Gren Scholer on 5/27/2025) (chmb)
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Filing 8
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Edward Murphy. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Renteria, Juan)
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Filing 7
RESPONSE filed by Edward Murphy re: #5 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s), #2 Proposed Order) (Renteria, Juan)
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Filing 6
MOTION to Remand to State Court filed by Edward Murphy (Attachments: #1 Proposed Order) (Renteria, Juan)
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Filing 5
Motion to Dismiss for Failure to State a Claim filed by Buffalo Wild Wings, Blazin Wings, Inc. with Brief/Memorandum in Support.. Party Blazin Wings, Inc. added.Attorney Andrew J Upton added to party Blazin Wings, Inc.(pty:dft) (Upton, Andrew)
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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 5/5/2025) (knb)
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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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (knb)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by BUFFALO WILD WINGS, DBA BLAZING WINGS. (Clerk QC note: No affiliate entered in ECF). (Upton, Andrew)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by BUFFALO WILD WINGS, DBA BLAZING WINGS. (Filing fee $405; receipt number ATXNDC-15472019) 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 - Index of Matters Being Filed, #2 Exhibit(s) Exhibit A - Cover Sheet, #3 Exhibit(s) Exhibit A - Supplemental Cover Sheet, #4 Exhibit(s) Exhibit A - Plaintiffs Original Petition, #5 Exhibit(s) Exhibit A - Affidavit of Service Applebees, #6 Exhibit(s) Exhibit A - Affidavit of Service Buffalo Wild Wings, #7 Exhibit(s) Exhibit A - Request of Issuance of Citations, #8 Exhibit(s) Exhibit A - Citation for Applebees, #9 Exhibit(s) Exhibit A - Citation for Buffalo Wild Wings, #10 Exhibit(s) Exhibit A - Plaintiffs Amended Petition, #11 Exhibit(s) Exhibit A - Affidavit of Service Buffalo Wild Wings, #12 Exhibit(s) Exhibit A - Plaintiffs Second Amended Petition, #13 Exhibit(s) Exhibit A - Request for Issuance of Citations for Second Amended Petition, #14 Exhibit(s) Exhibit A - Citation for Buffalo Wild Wings, #15 Exhibit(s) Exhibit A - Defendant Applebees Original Answer, #16 Exhibit(s) Exhibit A - Defendant Applebees Motion for Leave, #17 Exhibit(s) Exhibit A - Plaintiffs Notice of Service of Affidavits, #18 Exhibit(s) Exhibit A - Plaintiffs Third Amended Petition, #19 Exhibit(s) Exhibit A - Request for Issuance of Citations, #20 Exhibit(s) Exhibit A - Citation for Blazin Wings Inc., #21 Exhibit(s) Exhibit A - State Court Docket Sheet) (Upton, Andrew) (Attachment 2, 3, 7 & 13 replaced to flatten on 5/5/2025) (knb).
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