Raymond et al v. Sunbeam Products, Inc. et al
| Lori Raymond Individually and as the Representative of the Estate of Johnnie Batek, Michael Raymond, Gage Raymond, Garrett Raymond, Todd Batek and Lori Raymond |
| Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions, Dongguan Jiangnuo Environment Science and Technology, Inc. and Sunbeam Products, Inc. doing business as Jarden Consumer Solutions |
| Germania Farm Mutual Insurance Association |
| 4:2022cv00360 |
| April 27, 2022 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on May 12, 2022. A more recent docket listing may be available from PACER.
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Filing 12
TRANSFER ORDER: Before the Court is the Parties' Agreed Motion to Transfer Venue ("Motion"). ECF No. #11 . The Motion notifies the Court that the instant action was pending in Stephen County, Texas at the time of removal. Id. The Parties thus argue that the Abilene Division of the Northern District, rather than the Fort Worth Division, is the appropriate venue for this dispute under 28 U.S.C. 1441(a). In the interest of justice, the Court concludes that the case should be transferred. Having reviewed the Motion and the applicable law, the Court hereby GRANTS the Motion. The above-styled case is accordingly TRANSFERRED to the Abilene Division of the United States District Court for the Northern District of Texas. All Court-ordered deadlines are hereby STAYED, unless otherwise instructed by the transferee Court. (Ordered by Judge Mark Pittman on 5/12/2022) (sre)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Thu May 12 14:54:52 CDT 2022 (crt) |
| Case copied to 1:22cv0060-H. Transfer to Abilene Division complete; clerk to set Related Case hyperlink, clear unnecessary flags, etc. (ldm) |
| Filing 11 Agreed MOTION to Transfer Case out of District/Division filed by Todd Batek, Gage Raymond, Lori Raymond, Michael Raymond, Garrett Raymond with Brief/Memorandum in Support. (Harrison, Stephen) |
| Filing 10 NOTICE of Attorney Appearance by Stephen Bryan Harrison on behalf of Todd Batek, Gage Raymond, Lori Raymond, Michael Raymond, Garrett Raymond. (Filer confirms contact info in ECF is current.) (Harrison, Stephen) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Mon May 2 13:08:57 CDT 2022 (crt) |
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Filing 8
ORDER: Local Rule 83.9(a) allows a licensed attorney who is not admitted to practice in the Northern District of Texas to represent a party in proceedings in this court only by permission of the presiding judge. See N.D. TEX. R. 83.9(a). A review of the record reveals that Hee Jin Chang is not admitted in the Northern District of Texas and has not requested permission from the Court to represent Defendants in this matter; Hee Jin Chang is therefore not in compliance with Local Rule 83.9(a). Accordingly, within fourteen days of this Order, Hee Jin Chang shall file an application to proceed pro hac vice, or otherwise comply with Local Rule 83.9(a). Failure to do so may result in the imposition of sanctions, including striking of filings, and/or a ban from practicing in the Northern District of Texas. (Ordered by Judge Mark Pittman on 4/29/2022) (sre)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Fri Apr 29 11:17:33 CDT 2022 (crt) |
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Filing 9
ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district or maintain their principal office in this district. N.D. TEX. R. 83.10(a). "Local counsel" means a member of the bar of this court who resides or maintain their principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the Fort Worth Division. Id.; see United States v. Thomas, No. 4:13-CV-688-A, 2013 WL 11332537, at *12 (N.D. Tex. Sept. 5, 2013) (McBryde, J.) (holding that Local Rule 83.10(a) required Austin-based attorney to designate local counsel). A review of the record reveals that Plaintiffs have yet to comply with Local Rule 83.10(a), as Plaintiffs' counsel is in Waco, Texas. Accordingly, no later than May 12, 2022, Plaintiffs 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, Plaintiffs' further pleadings being stricken and/or dismissal of the action without prejudice without further notice. (Ordered by Judge Mark Pittman on 4/28/2022) (sre)
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Filing 7
ORDER: The Court ORDERS that: (1) on or before May 13, 2022, Plaintiffs file an amended complaint that complies with the Federal Rules of Civil Procedure, the Local Civil Rules of the United States District Court for the Northern District of Texas, and the undersigned's judge-specific requirements; and (2) within 14 days after Plaintiffs file the amended complaint, but no later than May 27, 2022, Defendants shall file an answer or other response to the amended complaint. The Court further ORDERS that failure of any Party to comply with this order may result in the imposition of sanctions, up to and including dismissal of Plaintiffs' claims or granting of a default judgment, as appropriate. (Ordered by Judge Mark Pittman on 4/28/2022) (sre)
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Filing 6
ORDER: Within fourteen days of this Order, Mr. Harrison and Ms. Hix shall file an application to proceed pro hac vice, or otherwise comply with Local Rule 83.9(a). Failure to do so may result in the imposition of sanctions, including striking of filings, and/or a ban from practicing in the Northern District of Texas. (Ordered by Judge Mark Pittman on 4/28/2022) (sre)
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Filing 5
ORDER: The Joint Report shall be filed on or before May 27, 2022. (Ordered by Judge Mark Pittman on 4/28/2022) (sre)
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Filing 4
***PLEASE DISREGARD - SEE DOC #9 FOR CORRECT ORDER*** ORDER: A review of the record reveals that Plaintiffs have yet to comply with Local Rule 83.10(a), as Plaintiffs counsel is in Waco, Texas. Accordingly, no later than April 11, 2022, Plaintiffs shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). (Ordered by Judge Mark Pittman on 4/28/2022) (sre) Modified per DJ chambers on 5/4/2022 (bdb).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5,6,7. Thu Apr 28 16:34:20 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Thu Apr 28 14:51:44 CDT 2022 (crt) |
| Filing 3 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. (axg) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions. (Clerk QC note: No affiliate entered in ECF). (De Santos, Laura) |
| Filing 1 NOTICE OF REMOVAL filed by Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions. (Filing fee $402; receipt number 0539-12784091) 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) 1, #2 Exhibit(s) 2, #3 Cover Sheet, #4 Cover Sheet Supplement) (De Santos, Laura) |
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