Lopez-Victorino v. Target Corporation et al
| Antonio Lopez-Victorino |
| Target Corporation and Brian Lynn Colburn |
| Maria Jackson |
| 4:2021cv00171 |
| February 22, 2021 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 19
ORDER OF REMAND: The Court concludes that the parties are not diverse. Without complete diversity, this Court does not have subject-matter jurisdiction. See 28 U.S.C. 1332. Because the Court lacks subject-matter jurisdiction, the jurisdictional basis for removal was improper. Accordingly, the Court GRANTS Plaintiffs' Joint Motion for Remand (ECF No. #8 ); REMANDS the action to the 96th District Court of Tarrant County, Texas; DENIES Plaintiffs' request for attorney's fees; and DENIES as moot the Motion to Transfer Venue (ECF No. 4 ). The Court DENIES Plaintiffs' request for attorney's fees and costs for Target's improper removal of this action to federal court. (Ordered by Judge Reed C. O'Connor on 3/19/2021) (mmw) (Additional attachment(s) added on 3/19/2021: #1 Remand Letter) (mmw).
|
| Filing 18 REPLY filed by Maria Jackson, Antonio Lopez-Victorino re: #8 MOTION (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Queenan, M) |
| Filing 17 REPLY filed by Target Corporation re: #8 MOTION, 4 MOTION to Transfer Case out of District/Division (Attachments: #1 Additional Page(s), #2 Exhibit(s)) (Peavler, Donna) |
| Filing 16 DEMAND for Trial by Jury by Maria Jackson. (Weinstein, Jeffrey) |
| Filing 15 DEMAND for Trial by Jury by Antonio Lopez-Victorino. (Queenan, M) |
| Filing 14 DEMAND for Trial by Jury by Target Corporation. (Peavler, Donna) |
|
Filing 13
ORDER: Before the Court is Defendant Target's Unopposed Motion for Substitution of Counsel(ECF No. #12 ), filed March 4, 2021. The Court finds that the Motion should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 3/4/2021) (mmw)
|
| Filing 12 MOTION to Withdraw as Attorney AS TO B. KYLE BRISCOE AND MICHAEL W. STUMBAUGH filed by Target Corporation (Peavler, Donna) |
|
Filing 11
ORDER: Having considered the briefing, relevant facts, and applicable law, the Court finds that the Motion for Extension of Time to Reply (ECF No. #9 ) should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 3/2/2021) (mmw)
|
| Filing 10 CERTIFICATE of Conference re #9 MOTION for Extension of Time to File Response/Reply to #8 Response/Objection by M Kevin Queenan on behalf of Antonio Lopez-Victorino (Attachments: #1 Exhibit(s) A) (Queenan, M) |
| Filing 9 MOTION for Extension of Time to File Response/Reply to #8 Response/Objection filed by Target Corporation (Attachments: #1 Exhibit(s), #2 Proposed Order) (Peavler, Donna) |
| Filing 8 Joint Motion to Remand and Brief in Response to #1 Notice of Removal, Claim of Improper Joinder, and 4 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Queenan, M) Modified document title on 3/2/2021 (mmw). Modified on 3/2/2021 (mmw). |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brian Lynn Colburn. (Russell, Steven) |
| Filing 6 NOTICE of Attorney Appearance by Steven L Russell on behalf of Brian Lynn Colburn. (Filer confirms contact info in ECF is current.) (Russell, Steven) |
|
Filing 5
ORDER: In the #1 Removal Notice, Defendant Target alleges improper joinder of Defendant Colburn in the underlying state suit and moves to transfer venue to the Dallas Division based on that alleged improper joinder. To efficiently resolve that motion, the Court ORDERS Plaintiff and Intervenor-Plaintiff to file a response addressing those issues on or before February 26, 2021. Target Corporation may reply no later than March 2, 2021. (Ordered by Judge Reed C. O'Connor on 2/23/2021) (mmw)
|
| Filing 4 MOTION to Transfer Venue filed by Target Corporation. (see doc #1 page 12 for image) (mmw) |
| Filing 3 New Case Notes: A filing fee has been paid. File to: Judge O Connor. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Target Corporation. (Peavler, Donna) |
| Filing 1 NOTICE OF REMOVAL filed by Target Corporation. (Filing fee $402; receipt number 0539-11623273) 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 Additional Page(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Cover Sheet, #6 Cover Sheet Supplement) (Peavler, Donna) |
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.
