Couch v. Home Depot U.S.A., Inc. et al
| willis couch and Willis Steven Couch |
| The Scotts Company, Home Depot U.S.A., Inc. and The Scotts Company, LLC |
| 4:2021cv01390 |
| December 31, 2021 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Filing 11 Letter of Remand and Certified Copies of the Docket Sheet and #10 mailed to the 352nd Judicial District Court of Tarrant County, TX per #10 . (sre) |
Filing 10
ORDER: Before the Court is Plaintiff's Motion to Remand Proceedings to State Court ("Motion to Remand"). ECF No. #7 . After considering the Motion to Remand and the applicable law, the Court will GRANT the Motion. Having reviewed the Notice of Removal, the Motion to Remand, and the applicable law, the Court concludes that Scotts' removal was defective. Therefore, the Court GRANTS Plaintiffs Motion to Remand Proceedings to State Court. Accordingly, the Court herby ORDERS that this case is REMANDED to the 352nd Judicial District Court of Tarrant County, Texas. (Ordered by Judge Mark Pittman on 2/4/2022) (sre)
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| Filing 9 Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Willis Steven Couch. (Smith, Daniel) |
| Filing 8 Appendix in Support filed by Willis Steven Couch re #7 MOTION to Remand to State Court (Smith, Daniel) |
| Filing 7 MOTION to Remand to State Court filed by Willis Steven Couch with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Smith, Daniel) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Willis Steven Couch. (Smith, Daniel) |
| Filing 5 NOTICE of Attorney Appearance by Kirk D Willis on behalf of The Scotts Company, LLC. (Filer confirms contact info in ECF is current.) (Willis, Kirk) |
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Filing 4
ORDER: A review of the record reveals that Defendant Scotts Company, LLC has failed to comply with Local Rule 83.10(a), as Defendants counsel is in San Antonio, Texas. Accordingly, no later than January 17, 2022, Defendant shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in the imposition of sanctions and/or remand of this case without further notice. (Ordered by Judge Mark Pittman on 1/3/2022) (sre)
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Filing 3
ORDER: Lead counsel for each party (or designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer (the "Scheduling Conference") in a face-to-face conference as soon as practicable. The Joint Report shall be filed on or before January 24, 2021. (Ordered by Judge Mark Pittman on 1/3/2022) (sre)
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| Filing 2 New Case Notes: A filing fee has been paid. File to: Judge Pittman. 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. (sre) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The Scotts Company, LLC. (see doc #1 -12 for document). (sre) |
| Filing 1 NOTICE OF REMOVAL filed by The Scotts Company. (Filing fee $402; receipt number 0539-12489876) 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) Original Petition - State Court, #2 Exhibit(s) Defendant Scotts Answer - State Court, #3 Declaration(s) Defendant Scotts Advisory - State Court, #4 Exhibit(s) Notice to Court of Removal - State Court, #5 Exhibit(s) Notice to Adverse of Removal - State Court, #6 Cover Sheet JS 44, #7 Cover Sheet Supplement JS 44 Supplement, #8 Exhibit(s) Exhibit A to Exhibits D & E filed in State Court, #9 Exhibit(s) Tarrant County Docket Sheet - State Court, #10 Exhibit(s) Index of Matters being filed, #11 Exhibit(s) List of Attorneys of Record, #12 Exhibit(s) Certificate of Interested Persons) (Brown, Clarkson) |
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