Agasino v. American Airlines Inc.
| Ismael Agasino |
| American Airlines Inc |
| 4:2019cv00584 |
| July 26, 2019 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| John McBryde |
| Mark Pittman |
| Torts/Pers Inj: Airplane |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
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Filing 31
ORDER: The parties informed the Court that they have agreed in principle to settle their claims in this civil action. See Notice, ECF No. 30. The parties are therefore directed to file the appropriate dismissal papersa stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), or an agreed motion with corresponding proposed orderwith the Clerks Office on or before October 11, 2019. If further proceedings become necessary or desirable, the parties should immediately file a joint status report with the Court. All pending deadlines are stayed until further ordered by the Court. (Ordered by Judge Mark Pittman on 9/16/2019) (edm)
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| Filing 30 MOTION to Vacate All Dates and Deadlines and Notice of Settlement filed by American Airlines Inc (Reeder, David) |
| Filing 29 NOTICE of Errata re: #27 Answer to Complaint,, filed by American Airlines Inc (Reeder, David) |
| Filing 28 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Airlines Inc. (Reeder, David) |
| Filing 27 ANSWER to #1 Complaint, with Jury Demand filed by American Airlines 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. Attorney David R Reeder added to party American Airlines Inc(pty:dft) (Reeder, David) |
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Filing 26
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER... Status Report due by 9/19/2019. (Ordered by Judge Mark Pittman on 8/22/2019) (wxc) Modified on 8/23/2019 (chmb - tjc).
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| Clerk's notice to ECF Users in cases transferred under SO 3-329 from Judge John McBryde to Judge Mark Pittman: Judge Pittman permits electronic filing. His copy requirements for electronically filed documents are as follows: Sealed documents, dispositive motions, responses, replies, and appendices thereto and filings more than 25 pages in length, placed in a 3-ring binder, with exhibits or attachments tabbed, indexed, and bound. Delivery instructions are available in the link to the Judges' Copy Requirements found at the top of the notice of electronic filing sent to affected ECF users. (lrl) |
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Filing 25
Special Order 3-329: On 8/8/19 the clerk is to reassign Fort Worth cases that are listed in the order and assigned to Senior District Judge McBryde and District Judge O'Connor to Judge Mark Pittman, and the cases will carry the suffix letter "P." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/8/2019) (cea)
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Filing 24
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 7/26/2019) (edm)
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| Filing 23 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. (edm) |
| Filing 22 Case electronically transferred in from District of California Northern; Case Number 3:19-cv-03243. 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. |
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Filing 21
ORDER GRANTING IN PART AND DENYING IN PART #12 MOTION TO DISMISS OR TRANSFER. As set forth in the attached order, the court denies American Airlines's motion to dismiss but grants its motion to transfer and transfers this case to the Northern District of Texas.(ejkS, COURT STAFF) (Filed on 7/26/2019) [Transferred from California Northern on 7/26/2019.]
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| Case electronically transferred to the Northern District of Texas. (fabS, COURT STAFF) (Filed on 7/26/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 20 REPLY (re #12 MOTION to Dismiss Defendant American Airlines, Inc.'s Motion to Dismiss Plaintiff's Complaint ) Defendant's Reply to Plaintiff's Opposition to the Motion to Dismiss filed byAmerican Airlines Inc.. (Smith, Michael) (Filed on 7/24/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 19 Declaration of Michael L. Smith in Support of #12 MOTION to Dismiss Defendant American Airlines, Inc.'s Motion to Dismiss Plaintiff's Complaint Declaration of Michael L. Smith in Support of Motion to Dismiss Defendanat American Airlines, Inc.'s Motion to Dismiss Plaintiff's Complaint filed byAmerican Airlines Inc.. (Related document(s) #12 ) (Smith, Michael) (Filed on 7/18/2019) [Transferred from California Northern on 7/26/2019.] |
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Filing 18
ORDER. The defendant appears to have attached as exhibit 1 to its motion to dismiss documents relating to a medical examination of another individual unrelated to this case. ECF No. 12-1 at 411. The court exercises its inherent authority to seal ECF No. 12-1. See United States v. Mann, 829 F.2d 849, 853 (9th Cir. 1987) (court has inherent power to seal filings); Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (recognizing that "the public has less of a need for access to court records...'unrelated, or only tangentially related, to the underlying cause of action'"). The court directs the defendant to refile ECF No. 12-1 with the medical documents removed. Signed by Judge Laurel Beeler on July 18, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1S, COURT STAFF) (Filed on 7/18/2019) [Transferred from California Northern on 7/26/2019.]
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| Filing 17 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss Defendant American Airlines, Inc.'s Motion to Dismiss Plaintiff's Complaint ) filed byIsmael Agasino. (McKay, John) (Filed on 7/17/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Airlines Inc... (Smith, Michael) (Filed on 7/15/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 15 CLERK'S SECOND NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/18/2019. (ejkS, COURT STAFF) (Filed on 7/11/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 14 CLERK'S NOTICE SETTING MOTION HEARING: According to Local Rule 7, motions must be noticed for a hearing not less than 35 days from filing. Due to the recent filing of #12 Motion to Dismiss Defendant American Airlines, Inc.'s Motion to Dismiss Plaintiff's Complaint, the court sets the hearing for 8/8/2019 at 9:30 AM in Courtroom B, 15th Floor, San Francisco. All other deadlines in the briefing schedule remain in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/3/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/10/2019. (ejkS, COURT STAFF) (Filed on 7/3/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 12 MOTION to Dismiss Defendant American Airlines, Inc.'s Motion to Dismiss Plaintiff's Complaint filed by American Airlines Inc.. Responses due by 7/17/2019. Replies due by 7/24/2019. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Smith, Michael) (Filed on 7/3/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 11 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 9/12/2019 is reset to 10/10/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 10/3/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/28/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ismael Agasino.. (McKay, John) (Filed on 6/26/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/9/2019. (ejkS, COURT STAFF) (Filed on 6/25/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 8 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McKay, John) (Filed on 6/17/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 7 SUMMONS Returned Executed by Ismael Agasino. American Airlines Inc. served on 6/13/2019, answer due 7/5/2019. (McKay, John) (Filed on 6/17/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 6 Corporate Disclosure Statement by Ismael Agasino (McKay, John) (Filed on 6/14/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 5 Summons Issued as to American Airlines Inc.. (gbaS, COURT STAFF) (Filed on 6/11/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/5/2019. Initial Case Management Conference set for 9/12/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (gbaS, COURT STAFF) (Filed on 6/11/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 3 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/24/2019. (bwS, COURT STAFF) (Filed on 6/10/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 2 Proposed Summons. (McKay, John) (Filed on 6/10/2019) [Transferred from California Northern on 7/26/2019.] |
| Filing 1 COMPLAINT and Demand for Jury Trial against American Airlines Inc. (Filing fee $ 400.00, receipt number 0971-13421688.). Filed by Ismael Agasino. (Attachments: #1 Civil Cover Sheet) (McKay, John) (Filed on 6/10/2019) Modified on 6/11/2019 (gbaS, COURT STAFF). [Transferred from California Northern on 7/26/2019.] |
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| Defendant: American Airlines Inc | |
| Represented By: | Michael Lloyd Smith |
| Represented By: | Nicholas Joseph Scott |
| Represented By: | David R Reeder |
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| Plaintiff: Ismael Agasino | |
| Represented By: | John Douglas McKay |
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