Starks et al v. American Airlines, Inc.
| Christopher A. Starks, Cory Kadeem Oswell and Tina W. Starks |
| American Airlines Inc |
| 4:2019cv00253 |
| March 27, 2019 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| John McBryde |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 64
STATUS REPORT ORDER: The Joint Status Report shall be filed by 4:00 p.m. on April 26, 2019. (See order) (Ordered by Senior Judge John McBryde on 3/27/2019) (npk)
|
|
Filing 63
ORDER: The court ORDERS that (1) the January 15, 2019 Consent Second Amended Scheduling Order and (2) the May 23, 2018 order to conduct mediation signed in this action prior to the transfer be, and are hereby, set aside and vacated, except to the extent that any deadlines fixed by the orders have already passed. (Ordered by Senior Judge John McBryde on 3/27/2019) (npk)
|
|
Filing 62
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 3/27/2019) (npk)
|
| Filing 61 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (npk) |
| Filing 60 Case electronically transferred in from District of South Carolina; Case Number 3:18-cv-01062. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 58 MEMORANDUM OPINION AND ORDER granting #27 Motion to Transfer Venue; finding as moot #27 Motion to Dismiss for Lack of Jurisdiction; finding as moot #31 Motion to Transfer Case. Signed by Honorable Mary Geiger Lewis on 3/27/2019.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 57 REPLY to Response to Motion re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Response filed by American Airlines, Inc.. (Attachments: #1 Exhibit A - Dep. of Ann Miller)(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 56 Supplemental RESPONSE in Opposition re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue. Response filed by Christopher A. Starks, Tina W. Starks.Reply to Response to Motion due by 3/29/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 3.13.19 Deposition of A. Miller)(Cranshaw, Bradford) Modified to edit text on 3/25/2019 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 55 Minute Entry. Proceedings held before Honorable Mary Geiger Lewis: Motion Hearing held on 3/19/2019 re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue filed by American Airlines, Inc. Parties to submit additional briefing by 3/22/2019; written order forthcoming. Court Reporter Kathleen Richardson. (mdea ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 54 REPLY to Response to Motion re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Response filed by American Airlines, Inc.. (McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 53 AFFIDAVIT in Opposition re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue. Response filed by Christopher A. Starks, Tina W. Starks. (Cranshaw, Bradford) (Main Document 53 replaced on 3/18/2019) (cbru, ). (Additional attachment(s) added on 3/18/2019: #1 Affidavit of Cory Oswell) (cbru, ). Modified to edit text on 3/18/2019 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 52 RESPONSE in Opposition re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue. Response filed by Christopher A. Starks, Tina W. Starks.Reply to Response to Motion due by 3/21/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Condition of Carriage, #2 Exhibit Stipulation of Facts, #3 Exhibit Lyon Deposition Transcript, #4 Exhibit Miller Deposition Transcript)(Cranshaw, Bradford) Modified to edit text on 3/15/2019 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 51 NOTICE of Appearance by William C Wood, Jr on behalf of American Airlines, Inc. (Wood, William) [Transferred from South Carolina on 3/27/2019.] |
| Filing 50 NOTICE of Cancellation of Hearing: Telephone Conference regarding discovery issues set for 3/5/2019 03:00 PM has been cancelled. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 49 NOTICE of Hearing: Telephone Conference regarding discovery issues set for 3/5/2019 03:00 PM before Honorable Mary Geiger Lewis. Plaintiffs shall initiate the call and have all parties on the line prior to contacting the court at 803-765-5810.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 48 RESPONSE in Support re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Response filed by American Airlines, Inc.. (Attachments: #1 Exhibit 1 - Affidavit of Debra Shaffer dated August 13, 2018, #2 Exhibit 2 - Depositon of Cory Oswell, #3 Exhibit 3 - Deposition of Christopher Starks, #4 Exhibit 4 - Affidavit of Debra Shaffer dated September 25, 2018, #5 Exhibit 5 - Deposition of Tina Starks)(Stuckey, Erin) Modified to edit text on 2/26/2019 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 47 NOTICE of Hearing: Evidentiary Hearing on personal jurisdiction set for 3/19/2019 10:30 AM in Columbia # 2, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Mary Geiger Lewis. All briefing shall be filed by 3/14/2019.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 46 Minute Entry. Proceedings held before Honorable Mary Geiger Lewis: Telephone Conference held on 2/14/2019. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 45 NOTICE of Hearing: Telephone Conference regarding discovery issues set for 2/14/2019 10:00 AM before Honorable Mary Geiger Lewis. Plaintiff shall initiate the call and have all parties on the line prior to contacting the court at 803-765-5810.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 44 ***VACATED PER ORDER #63*** CONSENT SECOND AMENDED SCHEDULING ORDER (Jurisdictional Discovery due by 2/15/2019, Defendant's additional briefing due 2/26/2019, Plaintiff's additional briefing due 3/8/2019, Plaintiffs ID of Expert Witness due by 5/23/2019, Defendants ID of Expert Witnesses Due by 7/25/2019, Records Custodian Affidavit due by 7/25/2019, Discovery due by 9/12/2019, Motion in Limine due by 12/12/2019, Motions due by 9/26/2019, Rule 26(a)(3) Disclosures due by 11/26/2019, Jury Selection Deadline 1/13/2020, Mediation Due by 10/31/2019) Signed by Honorable Mary Geiger Lewis on 1/15/2019. (cbru, ) [Transferred from South Carolina on 3/27/2019.] Modified on 3/27/2019 (npk). |
| Filing 43 Minute Entry. Proceedings held before Honorable Mary Geiger Lewis: Telephone Conference held on 1/14/2019. Court Reporter None. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 42 NOTICE of Hearing: Telephone Conference re #41 Joint MOTION for Extension of Time to Complete Discovery On Personal Jurisdiction, MOTION to Stay Scheduling Order set for 1/14/2019 10:00 AM before Honorable Mary Geiger Lewis. Defendant shall initiate the call and have all parties on the line prior to contacting the court at 803-765-5810.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 41 Joint MOTION for Extension of Time to Complete Discovery On Personal Jurisdiction, MOTION to Stay Scheduling Order by Christopher A. Starks, Tina W. Starks. Response to Motion due by 1/23/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Cranshaw, Bradford). Added additional motion relief on 1/9/2019 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 40 DELETION OF DOCKET ENTRY NUMBER 39. Reason: Inadvertently filed in incorrect case by the Clerk. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 38 TEXT ORDER: On August 14, 2018, Defendant filed a motion to dismiss for lack of personal jurisdiction, or in the alternative, motion to transfer venue. ECF No. #27 . On September 11, 2018, Plaintiffs filed a response to Defendant's motion, ECF No. #30 , and a contingent motion to transfer venue, ECF No. #31 . On September 25, 2018, Defendant filed a reply to its motion, ECF No. #35 , and a response to Plaintiffs' motion, ECF No. #36 . Having read and considered the motions, responses, and reply, the Court DIRECTS the parties to conduct limited discovery on the issue of personal jurisdiction. Jurisdictional discovery will close sixty days from the date of entry of this Order. Within ten days after jurisdictional discovery closes, Defendant should file additional briefing if any regarding the issue of personal jurisdiction. Plaintiffs should file additional briefing if any regarding personal jurisdiction within ten days of Defendant filing its additional briefing. At this juncture, the Court intends to hold an evidentiary hearing regarding personal jurisdiction following the close of jurisdictional discovery and the filing of any additional briefing. The parties should prepare accordingly. IT IS SO ORDERED. (Plaintiffs' additional briefing due by 2/4/2019) Signed by Honorable Mary Geiger Lewis on 11/26/2018. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 37 AFFIDAVIT in Support re #30 Response in Opposition to Motion. (Cranshaw, Bradford) (Main Document 37 replaced on 10/9/2018) (cbru, ). (Additional attachment(s) added on 10/9/2018: #1 Affidavit of Cory Kadeem Oswell) (cbru, ). Modified to edit text on 10/9/2018 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 36 RESPONSE in Opposition re #31 MOTION to Transfer Case Response filed by American Airlines, Inc..Reply to Response to Motion due by 10/2/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 35 REPLY to Response to Motion re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Response filed by American Airlines, Inc.. (Attachments: #1 Exhibit A - Affidavit of Debra Shaffer)(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 34 TEXT ORDER granting for good cause shown #33 Motion for Extension of Time to File Response/Reply re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue. (Replies due by 9/25/2018) Signed by Honorable Mary Geiger Lewis on 9/17/2018.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 33 Consent MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue by American Airlines, Inc.. Response to Motion due by 9/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McKissock, Timothy) Modified to link correct event to associated event on 9/17/2018 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 32 NOTICE of Appearance by James M Ervin on behalf of Christopher A. Starks, Tina W. Starks (Ervin, James) Modified to edit text on 9/13/2018 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 31 MOTION to Transfer Case by Christopher A. Starks, Tina W. Starks. Response to Motion due by 9/25/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Cranshaw, Bradford) [Transferred from South Carolina on 3/27/2019.] |
| Filing 30 RESPONSE in Opposition re #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Response filed by Christopher A. Starks, Tina W. Starks.Reply to Response to Motion due by 9/18/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit Tina Starks, #2 Exhibit S.C. Secretary of State Documents, #3 Exhibit Webpage, #4 Exhibit Webpage, #5 Exhibit Webapge, #6 Exhibit Webpage, #7 Exhibit Webpage, #8 Exhibit Webpage)(Cranshaw, Bradford) [Transferred from South Carolina on 3/27/2019.] |
| Filing 29 TEXT ORDER: For good cause shown, the Court GRANTS Plaintiffs' motion for extension of time, ECF No. #28 , to which Defendant has consented. Accordingly, Plaintiffs' response to Defendant's motion to dismiss for lack of personal jurisdiction or to transfer venue, ECF No. #27 , is due on or before September 11, 2018. IT IS SO ORDERED. (Response to Motion due by 9/11/2018) Signed by Honorable Mary Geiger Lewis on 8/28/2018.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 28 MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue by Christopher A. Starks, Tina W. Starks. Response to Motion due by 9/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Cranshaw, Bradford) [Transferred from South Carolina on 3/27/2019.] |
| Filing 27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue by American Airlines, Inc.. Response to Motion due by 8/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Affidavit of Debra Shaffer)No proposed order.(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 26 CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 10/5/2018, Plaintiffs ID of Expert Witness due by 2/22/2019, Defendants ID of Expert Witnesses Due by 4/26/2019, Records Custodian Affidavit due by 4/26/2019, Discovery due by 6/14/2019, Motion in Limine due by 9/13/2019, Motions due by 6/28/2019, Rule 26(a)(3) Disclosures due by 8/30/2019, Jury Selection Deadline 10/15/2019, Mediation Due by 8/2/2019. Signed by Honorable Mary Geiger Lewis on 7/3/2018. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 25 Local Rule 26.03 Answers to Interrogatories by American Airlines, Inc..(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 24 Local Rule 26.03 Answers to Interrogatories by Christopher A. Starks, Tina W. Starks.(Cranshaw, Bradford) [Transferred from South Carolina on 3/27/2019.] |
| Filing 23 ANSWER to #13 Amended Complaint by American Airlines, Inc..(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 22 TEXT ORDER: Under the scheduling order in this case, by June 26, 2018, the parties were to file a Rule 26(f) report, and at the same time as filing the Rule 26(f) report, provide answers to the additional queries under Local Civil Rule 26.03. ECF No. #8 at 2. On June 27, 2018, the parties filed a joint motion to extend the time to file Local Civil Rule 26.03 disclosures (motion to extend time). ECF No. #21 . The Court finds good reason exists to excuse filing the motion to extend time outside the time for filing the Local Rule 26.03 disclosures, and for good cause shown, the Court GRANTS the parties' joint motion to extend time. Accordingly, the parties shall file their Local Rule 26.03 disclosures on or before July 2, 2018. IT IS SO ORDERED. (LR 26.03 Answers to Interrogatories due by 7/2/2018) Signed by Honorable Mary Geiger Lewis on 6/28/2018. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 21 Joint MOTION for Extension of Time to Respond to the Additional Disclosures Required by Local Civil Rule 26.03 by American Airlines, Inc.. Response to Motion due by 7/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 20 Joint Rule 26(f) Report by American Airlines, Inc..(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 19 TEXT ORDER: On May 22, 2018, Defendant filed a motion to dismiss the complaint. ECF No. #5 . On June 1, 2018, Plaintiffs filed an amended complaint. ECF No. #13 . Accordingly, Defendant's pending motion to dismiss, ECF No. #5 , is dismissed as moot. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 6/11/2018.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 18 LETTER EXTENDING TIME TO ANSWER American Airlines, Inc. answer due 6/29/2018. (Attachments: #1 Exhibit A - extension confirmation)(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 17 DELETION OF DOCKET ENTRY NUMBER 15. Reason: Attorney refiled instead of submitting corrected documents via email as directed. Corrected Filing Document Number #16 . Modified filing date to that of original filing: N/A - Correction made on same date as original filing. Response due date modified to that of original filing: N/A - Correction made on same date as original filing. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 16 RESPONSE in Opposition re #5 MOTION to Dismiss for Lack of Jurisdiction Response filed by Christopher A. Starks, Tina W. Starks.Reply to Response to Motion due by 6/11/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Appointment of Personal Representative of the Brittany Oswell Estate)(Cranshaw, Bradford) [Transferred from South Carolina on 3/27/2019.] |
| Filing 13 AMENDED COMPLAINT against American Airlines, Inc., filed by Christopher A. Starks, Tina W. Starks. Service due by 8/30/2018 (Cranshaw, Bradford) [Transferred from South Carolina on 3/27/2019.] |
| Filing 12 DELETION OF DOCKET ENTRY NUMBER 10. Reason: Multiple deficiencies. Corrected Filing Document Number #11 . Modified filing date to that of original filing: N/A - Correction made on same date as original filing. Response due date modified to that of original filing: N/A. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 11 SUMMONS Returned Executed by Christopher A. Starks, Cory Kadeem Oswell, Tina W. Starks. American Airlines, Inc. served on 5/10/2018, answer due 5/31/2018. (Attachments: #1 Affidavit of Service, #2 Domestic Return Receipt)(Cranshaw, Bradford) Modified to edit text on 5/23/2018 (cbru, ). [Transferred from South Carolina on 3/27/2019.] |
| Filing 9 ***VACATED PER ORDER #63*** MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 5/23/2018. (cbru, ) [Transferred from South Carolina on 3/27/2019.] Modified on 3/27/2019 (npk). |
| Filing 8 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 6/26/2018, Motions to Amend Pleadings due by 7/23/2018, Plaintiffs ID of Expert Witness due by 8/20/2018, Defendants ID of Expert Witnesses Due by 9/19/2018, Records Custodian Affidavit due by 9/19/2018, Discovery due by 11/19/2018, Motion in Limine due by 3/1/2019, Motions due by 12/3/2018, Rule 26(a)(3) Disclosures due by 2/19/2019, Jury Selection Deadline 3/22/2019, Mediation Due by 2/1/2019. Signed by Honorable Mary Geiger Lewis on 5/23/2018. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 6 Local Rule 26.01 Answers to Interrogatories by American Airlines, Inc..(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction by American Airlines, Inc.. Response to Motion due by 6/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Affidavit of Debra Shaffer)No proposed order.(McKissock, Timothy) [Transferred from South Carolina on 3/27/2019.] |
| Filing 4 Summons Issued as to American Airlines, Inc. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Cory Kadeem Oswell, Christopher A. Starks, Tina W. Starks.(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 2 CIVIL COVER SHEET - Private Entry. (cbru, ) [Transferred from South Carolina on 3/27/2019.] |
| Filing 1 COMPLAINT against American Airlines, Inc. (Filing fee $400 receipt number 0420-7731468) filed by Christopher A. Starks, Cory Kadeem Oswell, Tina W. Starks. Service due by 7/17/2018(cbru, ) [Transferred from South Carolina on 3/27/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
