Whaley v. Welch et al
| Aubrey Danyell Whaley |
| Brian Elliott Welch and Stan Koch and Sons Trucking Inc |
| 3:2025cv01823 |
| July 11, 2025 |
| U.S. District Court for the Northern District of Texas |
| A Joe Fish |
| Torts/Pers Inj: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2025. A more recent docket listing may be available from PACER.
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| Case transferred from NDTX has been opened in Eastern District of Tennessee Northern Division as case number 3:25-CV-00577. (kcr) |
Filing 26
Order: Order Transferring to Another District: Case transferred to Northern Division of Eastern District of Tennessee. Stan Koch's motion to transfer venue is GRANTED, and its motion to dismiss for improper venue is DENIED as moot. (Ordered by Senior Judge A. Joe Fish on 11/21/2025) (ndt)
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| Interdistrict Transfer to Eastern District of Tennessee; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Eastern District of Tennessee. (ndt) |
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Filing 25
ORDER STRIKING/UNFILING PLEADING: Plaintiff's Memorandum in Opposition to Defendant Stan Koch and Sons Trucking, Inc.'s Motion to Dismiss or Transfer forImproper Venue (docket entry #24 ) is considered deficient in the area(s) noted below: Leave required. (Ordered by Senior Judge A. Joe Fish on 11/10/2025) (kcr)
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| Filing 24 ***UNFILING PLEADING per #25 ORDER*** RESPONSE filed by Aubrey Danyell Whaley re: #20 MOTION to Dismiss or Transfer for Improper Venue (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Noel, Jason) Modified on 11/10/2025 (kcr). |
| Filing 23 REPLY filed by Stan Koch and Sons Trucking Inc re: #20 MOTION to Dismiss or Transfer for Improper Venue (Attachments: #1 Exhibit(s) A) (Funderburg, Ryan) |
| Filing 22 RESPONSE filed by Aubrey Danyell Whaley re: #20 MOTION to Dismiss or Transfer for Improper Venue (Attachments: #1 Exhibit(s) Registration of a Foreign For-Profit Corporation, #2 Exhibit(s) 2024 Texas Franchise Tax Public Report, #3 Exhibit(s) Hargol Corporation Franchise Tax Account Status, #4 Exhibit(s) United Trailer Leasing) (Noel, Jason) |
| Filing 21 ANSWER to #12 Amended Complaint,, filed by Stan Koch and Sons Trucking Inc. 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. (Funderburg, Ryan) |
| Filing 20 MOTION to Dismiss or Transfer for Improper Venue filed by Stan Koch and Sons Trucking Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Affidavit of Brandon Gammon, #2 Proposed Order granting Motion to Dismiss) (Funderburg, Ryan) |
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Filing 19
ELECTRONIC ORDER: The plaintiff's #12 first amended complaint is now the live pleading in this case, mooting the defendants' motions to dismiss. (Ordered by Senior Judge A. Joe Fish on 9/10/2025) (chmb)
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Filing 18
Order Unfiling #15 Amended Complaint filed by Aubrey Danyell Whaley due to the following deficiency: Leave Required. (Ordered by Senior Judge A. Joe Fish on 9/9/2025) (knb)
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| Filing 17 ANSWER to #15 Amended Complaint filed by Stan Koch and Sons Trucking Inc. 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. (Funderburg, Ryan) |
| Filing 16 REPLY filed by Stan Koch and Sons Trucking Inc re: #7 MOTION to Dismiss or Transfer for Improper Venue (Attachments: #1 Exhibit(s) A - Affidavit of Brandon Gammon) (Funderburg, Ryan) |
| Filing 15 ***UNIFLED PER #18 ORDER*** AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Aubrey Danyell Whaley. 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. (Attachments: #1 Exhibit(s) Exhibit A) (Noel, Jason) Modified on 9/9/2025 (knb). |
| Filing 14 RESPONSE filed by Aubrey Danyell Whaley re: #8 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) Exhibit A) (Noel, Jason) |
| Filing 13 RESPONSE filed by Aubrey Danyell Whaley re: #7 MOTION to Dismiss or Transfer for Improper Venue (Noel, Jason) |
| Filing 12 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Aubrey Danyell Whaley. 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. (Noel, Jason) |
| Filing 11 RESPONSE filed by Aubrey Danyell Whaley re: #7 MOTION to Dismiss or Transfer for Improper Venue (Noel, Jason) |
| Filing 10 RESPONSE filed by Aubrey Danyell Whaley re: #8 Motion to Dismiss for Failure to State a Claim (Noel, Jason) |
| Filing 9 ANSWER to #5 Complaint filed by Stan Koch and Sons Trucking Inc. 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. (Funderburg, Ryan) |
| Filing 8 Motion to Dismiss for Failure to State a Claim filed by Stan Koch and Sons Trucking Inc. (Attachments: #1 Proposed Order granting Motion to Dimiss for Failure to State a Claim) (Funderburg, Ryan) |
| Filing 7 MOTION to Dismiss or Transfer for Improper Venue filed by Stan Koch and Sons Trucking Inc. (Attachments: #1 Proposed Order granting Motion to Dismiss for Improper Venue)Attorney Ryan Timothy Funderburg added to party Stan Koch and Sons Trucking Inc(pty:dft) (Funderburg, Ryan) |
| Filing 6 SUMMONS Returned Executed as to Stan Koch and Sons Trucking Inc ; served on 7/18/2025. (Noel, Jason) |
| Filing 5 COMPLAINT WITH JURY DEMAND against All Defendants filed by Aubrey Danyell Whaley. (Filer fee note- Clerk to add prior fee payment info here.) Clerk to issue summons(es). 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, 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. (Attachments: #1 Additional Page(s), #2 Additional Page(s)) (Noel, Jason) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Aubrey Danyell Whaley. (Clerk QC note: No affiliate entered in ECF). See document #5 -2 for image. (kcr) |
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Filing 4
ELECTRONIC ORDER: N.D. Tex. Civ. R. 3.1 provides that "[t]he complaint must be accompanied by... a [completed] civil cover sheet... [and] a separately signed certificate of interested persons...." Accordingly, no later than July 28, 2025, the plaintiff must comply with this rule. (Ordered by Senior Judge A. Joe Fish on 7/14/2025) (chmb)
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| Filing 3 Summons Issued as to Stan Koch and Sons Trucking Inc, Brian Elliott Welch. (knb) |
| Filing 2 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) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Aubrey Whaley. (Filing fee $405; Receipt number ATXNDC-15644142) Clerk to issue summons(es). 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, 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. (Noel, Jason) |
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