CHEP USA v. Maldonado et al
| CHEP USA |
| Jose Maldonado, Leon Maldonado, Jose Maldonado doing business as Maldonado Pallets and Isidro Maldonado |
| 4:2022cv00462 |
| May 31, 2022 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Torts/Pers Prop: Other Personal Property Damage |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.
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| Filing 36 MOTION for Leave to File Plaintiff's Second Amended Complaint filed by CHEP USA with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Second Amended Complaint, #2 Exhibit(s) Second Amended Complaint Ex A-F, #3 Proposed Order) (Daaboul, Rola) |
| Filing 35 Writ of Sequestration Issued as to Leon Maldonado; Jose Maldonado; Jose Maldonado d/b/a Maldonado Pallets; and Isidro Maldonado. (copy provided to USMS) (mmw) |
Filing 34
ORDER : Before the Court is Plaintiff CHEP USA's #32 Second Application for Writ of Sequestration. Having considered the pleadings, the Application, the evidence, and the arguments of counsel, the Court GRANTS the Application. (Ordered by Judge Mark Pittman on 7/29/2022) (mmw)
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| Filing 33 Return of Service Executed as to P & G Pallet Rebuilders; JC Pallets and Unexecuted as to United Pallet Service; 2700 Market Avenue re: #29 Writ Issued. (mmw) |
| Filing 32 MOTION for Writ of Sequestration filed by CHEP USA (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (Daaboul, Rola) |
| Filing 31 NOTICE of Preliminary Injunction Bond re: #28 Order, filed by CHEP USA (Daaboul, Rola) |
| Filing 30 ANSWER to #4 Complaint filed by Jose Maldonado. 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. 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 29 Writ of Sequestration Issued as to Leon Maldonado, Jose Maldonado, Jose Maldonado dba Maldonado Pallets, and Isidro Maldonado. (Copy provided to USMS) (bdb) |
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Filing 28
AMENDED ORDER: Before the Court is Plaintiff CHEP USA's Application for Writ of Sequestration (Application). ECF No. #8 . Having considered the pleadings, the Application, the evidence, and the arguments of counsel, the Court GRANTS the Application. (see order for specifics) (Ordered by Judge Mark Pittman on 6/28/2022) (mmw)
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| Filing 27 AFFIDAVIT of Service for Affidavits of Service served on Jose Maldonado dba, Jose Maldonado, Isidro Maldonado on 06/22/2022. (Attachments: #1 Affidavit(s), #2 Affidavit(s)) (Daaboul, Rola) |
| Filing 26 AFFIDAVIT of Service for Affidavits of Service served on Leon Maldonado on 06/18/2022. (Daaboul, Rola) |
| Filing 25 ***DISREGARD, filed in error*** SUMMONS Returned Executed as to Isidro Maldonado ; served on 6/22/2022. (Daaboul, Rola) Modified on 6/28/2022 (twd). |
| Filing 24 Brief/Memorandum in Support filed by CHEP USA re #21 MOTION for Summary Judgment MOTION for Permanent Injunction (Daaboul, Rola) |
| Filing 23 Appendix in Support filed by CHEP USA re #21 MOTION for Summary Judgment MOTION for Injunction , #22 Brief/Memorandum in Support of Motion (Daaboul, Rola) |
| Filing 22 ***DISREGARD- ATTORNEY TO RE-FILE***Brief/Memorandum in Support filed by CHEP USA re #21 MOTION for Summary Judgment MOTION for Injunction (Daaboul, Rola) Modified per phone call on 6/23/2022 (mmw). |
| Filing 21 MOTION for Summary Judgment, MOTION for Permanent Injunction filed by CHEP USA (Daaboul, Rola) Docket text modified on 6/23/2022 (twd). |
| Filing 20 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Evidentiary Hearing held on 6/17/2022. Attorney Appearances: Plaintiff - Rola Daaboul, Ferdose al-Taie; Defense - N/A. (Court Reporter: Monica Guzman) (Plaintiff's Exhibits A-F admitted) Time in Court - 1:30. (chmb) |
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Filing 19
ORDER: The Court therefore ORDERS Plaintiff to file a Motion for Permanent Injunction, with an appropriately supported brief, by 12:00 p.m. on Thursday, June 23, 2022. The Court further ORDERS Defendants to file a brief responding to Plaintiff's Motion for a Permanent Injunction by Wednesday, June 29, 2022. (Ordered by Judge Mark Pittman on 6/17/2022) (mmw)
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Filing 18
ORDER GRANTING PLAINTIFF'S #8 APPLICATION FOR WRIT OF SEQUESTRATION: It is therefore ORDERED that Plaintiff CHEP USA's Application for Writ of Sequestration is GRANTED, and that the Clerk of the Court is hereby directed to issue a Writ of Sequestration for CHEP's personal property pursuant to Texas Civil Practice & Remedies Code 62.001, 62.002, and 62.022 and Federal Rule of Civil Procedure 4.l(a). (Ordered by Judge Mark Pittman on 6/17/2022) (mmw)
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Filing 17
ORDER GRANTING PLAINTIFF'S #7 EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Defendants are hereby enjoined and prohibited from transferring any right, title or interest in the CHEP Pallets, receiving any transfer of any right, title or interest in the CHEP Pallets, and/or dismantling, destroying, or otherwise treating or using CHEP pallets inconsistent with CHEP's ownership rights. (Ordered by Judge Mark Pittman on 6/17/2022) (mmw)
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| Filing 16 Summons Returned Executed by CHEP USA. Jose Maldonado served on 06/08/2022, and Jose Maldonado dba Maldonado Pallets served on 06/08/2022 filed by CHEP USA (Attachments: #1 Additional Page(s)) (Daaboul, Rola) Modified docket text on 6/22/2022 (wxc). |
| Filing 15 NOTICE of Appearance and DESIGNATION OF LOCAL COUNSEL re: #13 Order Setting Deadline/Hearing, filed by CHEP USA (al-Taie, Ferdose) |
| Filing 14 SUMMONS Returned Executed as to Leon Maldonado; served on 6/2/2022. (twd) |
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Filing 13
ORDER: No later than June 15, 2022, Plaintiff 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 the dismissal of this case without prejudice and without further notice. (Ordered by Judge Mark Pittman on 6/6/2022) (mmw)
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| Filing 12 Summons Issued as to Isidro Maldonado. (mmw) |
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Filing 11
ORDER: Before the Court is Plaintiff's #7 Emergency Motion for Temporary Restraining Order and Preliminary Injunction. The Court DEFERS ruling on the Motion until a hearing can be held on the matter. The Court therefore SETS the Motion for a combined evidentiary hearing on the TRO and the PI for June 17, 2022, at 9:30 a.m. The Court further ORDERS Defendants to file expedited briefing in response to the Motion on or before June 10, 2022. Plaintiffs may file a brief in reply no later than June 14, 2022. (Ordered by Judge Mark Pittman on 6/2/2022) (mmw)
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| Filing 10 ADDITIONAL ATTACHMENTS to #7 Motion for TRO by Plaintiff CHEP USA. (Daaboul, Rola) |
| Filing 9 ADDITIONAL ATTACHMENTS to #8 Motion for Writ by Plaintiff CHEP USA. (Daaboul, Rola) |
| Filing 8 MOTION for Writ of Sequestration filed by CHEP USA (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Daaboul, Rola) |
| Filing 7 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by CHEP USA (Attachments: #1 Affidavit(s), #2 Proposed Order) (Daaboul, Rola) |
| Filing 6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CHEP USA. (Clerk QC note: No affiliate entered in ECF). (Daaboul, Rola) |
| Filing 5 Summons Reissued as to All Defendants. (mmw) |
| Filing 4 Amended COMPLAINT WITH JURY DEMAND against All Defendants filed by CHEP USA. (Filing fee $402; Receipt number 0539-12859033 see 1 ) Clerk to issue summons(es). 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, 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. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Cover Sheet) (Daaboul, Rola) Modified on 6/1/2022 (mmw). |
| Filing 3 Summons Issued as to Jose Maldonado, Leon Maldonado, Jose Maldonado D/B/A Maldonado Pallets. (jgg) |
| 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. (jgg) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CHEP USA. (Clerk QC note: No affiliate entered in ECF) (See doc 1 for image) (jgg) |
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