Lopez-Victorino et al v. Colburn et al
| ANTONIO FATHER OF GERAR LOPEZ-VICTORINO, BLANCA MOTHER OF GERAR ORENDAY, Antonio Lopez-Victorino and Blanca Orenday |
| BRIAN LYNN COLBURN, GREGORY LYNN BONK, TARGET CORPORATION, HOGAN TRANSPORTS, INC., HOGAN SERVICES, INC. and Maria Jackson |
| Lauren Rodolfo |
| HOGAN DEDICATED SERVICES, LLC and Hogan Personnel, LLC |
| MARIA SPOUSE OF GERAR JACKSON |
| 4:2022cv00476 |
| June 1, 2022 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Mark Pittman |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 132
FINAL JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that: 1.Case number 4:21-cv-01184-O is DISMISSED. 2. Case number 4:22-cv-00476-O is REMANDED to the 96th Judicial District Court of Tarrant County, Texas. 3. The Clerk shall return this case using the standard process and shall transmit a copy of this Judgment and the Order Partially Accepting and Partially Rejecting the Findings, Conclusions,and Recommendation of the United States Magistrate Judge to the parties. (Ordered by Judge Reed C. O'Connor on 3/23/2023) (fba)
|
|
Filing 131
OPINION & ORDER PARTIALLY ACCEPTING AND PARTIALLY REJECTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court ACCEPTS in part and REJECTS in part the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (ECF No. #124 ). Similarly, the Court GRANTS in part and DENIES in part the Joint Motion to Remand (ECF No. #34 ). Therefore, the Court hereby REMANDS all of Plaintiffs' and Intervenor's state court claims to the 96th Judicial District Court of Tarrant County, Texas. Furthermore, the Court hereby DISMISSES Defendants' claims seeking declaratory relief from this Court. Final Judgment shall issue. (Ordered by Judge Reed C. O'Connor on 3/23/2023) (fba)
|
|
Filing 130
MOTION to Dismiss with Prejudice, as to Defendant Target Corporation Only filed by Target Corporation (Attachments: #1 Proposed Order) (Peavler, Donna)
|
|
Filing 129
RESPONSE filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re: #126 Objection to Findings and Recommendations (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Lopez, Carlos)
|
|
Filing 128
NOTICE of Defs' Obj to Requested Docs for NITD Ricky Tighpen filed by Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc. (Davenport, Jonathan)
|
|
Filing 127
SETTLEMENT CONFERENCE REPORT filed by Antonio Lopez-Victorino, Blanca Orenday. (Lopez, Carlos)
|
|
Filing 126
OBJECTION to #124 Findings and Recommendations . (Russell, Steven)
|
|
Filing 125
ORDER: Based on a review of the pleadings and applicable legal authorities, and given the undersigned's recommendation that United States District Judge Reed O'Connor remand this case to the 96th Judicial District Court of Tarrant County, Texas for lack of subject matter jurisdiction (ECF No. #124 ), the Court DENIES AS MOOT Motion 1 (ECF No. #64 ). The Court DENIES in part Motion 2 (ECF No. #65 ) as it relates to Plaintiffs' objections to Paragraphs 7, 10, 11, and 12 of the affidavit of Scott Randall, the Vice President of Hogan Dedicated Services, LLC. ECF No. #58 at 3-4. The Court DENIES AS MOOT the rest of the objections in Motion 2 (ECF No. #65 ) given the Court's recommendation to remand this case. ECF No. #124 . (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/10/2023) (fba)
|
|
Filing 124
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: After considering the pleadings and applicable legal authorities, the undersigned recommends that United States District Judge Reed OConnor GRANT Plaintiffs' Joint Motion for Remand (ECF No. #34 ) and REMAND this action to the 96th Judicial District Court of Tarrant County, Texas. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within fourteen days after being served with a copy. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/10/2023) (fba)
|
|
Filing 123
Designation of Experts by Gregory Lynn Bonk, Brian Lynn Colburn, Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc.. (Wright, Michael)
|
|
Filing 122
ORDER: The Court DENIES Plaintiffs' Motion for Leave to Take More Than Ten Depositions because Plaintiffs have not shown good cause for taking more than the ten depositions contemplated in Federal Rules of Civil Procedure 26(b)(1) and (2) and 30. ECF #106 . Based on the information contained in Plaintiffs' letter to the Court filed on December 28, 2022 (ECF No. #121 ), the Court DENIES as moot Plaintiffs' Opposed Motion to Extend Expert Designation Deadlines (ECF No. #111 ). Because no party opposes Target Corporation's Agreed Motion to Vacate Orders Regarding Inspections and Order Release of the Truck (ECF No. #114 ), and for good cause shown, the Court GRANTS the Motion (ECF No. #114 ).The Court VACATES that portion of its Order dated November 2, 2022 (ECF No. #100 ) requiring Target Corporation to submit to an inspection of the premises and truck at issue in the Order; VACATES its Order dated November 30, 2022 (ECF No. #105 ); and RELEASES Target Corporation from all obligations it has or may have to further preserve the truck that was involved in the October 10, 2020 incident that resulted in Mr. Lopez-Orendays death. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/29/2022) (fba)
|
|
Filing 121
NOTICE of Letter to Magistrate Judge Hal R. Ray, Jr. re: #111 MOTION to Extend Time regarding certain scheduling order deadlines, #113 Order Setting Deadline/Hearing, #112 Appendix in Support, #116 Response/Objection filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday (Queenan, M)
|
|
Filing 120
NOTICE of Filing Billing Records and Affidavits of Custodians of Records and/or Depositions on Written Questions, Subject to the Joint Motion to Remand filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday (Attachments: #1 Exhibit(s) 1) (Queenan, M)
|
|
Filing 119
RESPONSE filed by Brian Lynn Colburn re: #117 Order Setting Deadline/Hearing, (Russell, Steven)
|
|
Filing 118
RESPONSE filed by Gregory Lynn Bonk re: #106 MOTION for leave to take more than ten depositions (Atwood, Roy)
|
|
Filing 117
ORDER: Before the Court is Defendant Target Corporation's Agreed Motion to Vacate Orders Regarding Inspections and Order Release of the Truck filed December 7, 2022. ECF No. #114 . If any of the remaining Defendants wish to object to the Motion, they shall file a response with the court on or before December 12, 2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/8/2022) (fba)
|
|
Filing 116
RESPONSE filed by Brian Lynn Colburn, Gregory Lynn Bonk, and the Hogan entities re: #111 MOTION to Extend Time regarding certain scheduling order deadlines (Wright, Michael) Modified filers per PDF on 12/9/2022 (mmw).
|
|
Filing 115
NOTICE of Settlement with Plaintiffs filed by Target Corporation (Attachments: #1 Additional Page(s)) (Peavler, Donna)
|
|
Filing 114
Agreed MOTION to Vacate Orders Regarding Inspection and Order Release of Truck filed by Target Corporation (Attachments: #1 Proposed Order, #2 Additional Page(s)) (Peavler, Donna)
|
|
Filing 113
ORDER: Before the Court is Plaintiffs Opposed Motion to Extend Expert Designation Deadlines, filed December 2, 2022. (ECF No. #111 ). The Court finds that expedited briefing is necessary to address this Motion in a timely fashion. Local Civil Rule 7.1. Accordingly, Defendants SHALL FILE any response that they wish to make to the Motion on or before December 9, 2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/6/2022) (fba)
|
|
Filing 112
Appendix in Support filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re #111 MOTION to Extend Time regarding certain scheduling order deadlines (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12) (Queenan, M)
|
|
Filing 111
MOTION to Extend Time regarding certain scheduling order deadlines filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday (Attachments: #1 Additional Page(s)) (Queenan, M)
|
|
Filing 110
ORDER granting #109 Motion to Withdraw as Attorney. For good cause shown, the order is GRANTED. The Court grants Ms. Morgan leave to withdraw as counsel for all purposes. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/1/2022) (tjc)
|
|
Filing 109
MOTION to Withdraw as Attorney filed by Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc. (Morgan, Caitlin)
|
|
Filing 108
Appendix in Support filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re #107 Brief/Memorandum in Support of Motion, #106 MOTION for leave to take more than ten depositions (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12) (Lopez, Carlos)
|
|
Filing 107
Brief/Memorandum in Support filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re #106 MOTION for leave to take more than ten depositions (Lopez, Carlos)
|
|
Filing 106
MOTION for leave to take more than ten depositions filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday (Attachments: #1 Additional Page(s)) (Lopez, Carlos)
|
|
Filing 105
****Per Order ECF #122 , VACATES its Order dated November 30, 2022 (ECF No. 105); and RELEASES Target Corporation from all obligations it has or may have to further preserve the truck that was involved in the October 10, 2020 incident that resulted in Mr. Lopez-Orendays death**** Before the Court is Defendant Target's Agreed Motion for Leave to Extend Time for Inspections filed November 29, 2022. ECF No. #104 . Noting that the Motion is agreed, and for good cause shown, the Court GRANTS the Motion. Accordingly, Plaintiffs SHALL conduct the inspections as prescribed by the Court's November 2, 2022, Order (ECF No. #100 ) on December 8, 2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/30/2022) (tjc) Modified on 12/29/2022 (fba).
|
|
Filing 104
Agreed MOTION for Leave to File Extend Time for Inspection filed by Target Corporation (Attachments: #1 Proposed Order, #2 Additional Page(s)) (Peavler, Donna)
|
|
Filing 103
ORDER: The Court ORDERS the court reporter, Written Deposition Service, 1755 Whittington Place, Suite 750, Dallas, TX 75234, to make available for production to the parties in this case upon their request: (See order for specifics). Except as provided in this Order, the court reporter SHALL NOT produce to the parties any documents subpoenaed from the Fort Worth ISD and Anne Cummings-Bridge LCSW at issue in this case. The remaining documents submitted to the Court for in camera review SHALL NOT be produced because they are beyond the scope of permissible discovery under Federal Rule of Civil Procedure 26(b). Until further order of the Court, the Clerk of Court shall retain the documents that are subject to this Order. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/7/2022). (fba)
|
|
Filing 102
Joint STATUS REPORT Regarding Wells-Fargo Subpoena filed by Target Corporation. (Attachments: #1 Additional Page(s)) (Peavler, Donna)
|
|
Filing 101
NOTICE of Attorney Appearance by Kimberly Fayard on behalf of Antonio Lopez-Victorino, Blanca Orenday. (Filer confirms contact info in ECF is current.) (Fayard, Kimberly)
|
|
Filing 100
**Per Order ECF #122 , The Court VACATES that portion requiring Target Corporation to submit to an inspection of the premises and truck at issue in the Order**** ORDER: The Court GRANTS Colburn's Motion for Discovery (ECF No. #73 ). It is therefore ORDERED that the court reporter shall deliver to the Court the subpoenaed documents from Fort Worth ISD and Anne Cummings-Bridge LCSW for in camera review. The reporter shall deliver the documents to the undersigned at 501 W. 10th Street, Room 310, Fort Worth, Texas 76102.The Court DENIES Intervenor's Motion to Quash (ECF No. #75 ) as to the subpoenaed documents from Fort Worth ISD and Cummings-Bridge and DEFERS ruling on the Wells Fargo discovery materials.The Court DENIES Plaintiff's Amended Motion to Quash (ECF No. #77 ) as moot because the parties have resolved the Amended Motion as stated in the Joint Status Report (ECF No. #87 ).The Court GRANTS Target's Motion to Realign the Parties (ECF No. #78 ). It is therefore ORDERED that Intervenor Maria Jackson is hereby realigned as a party plaintiff in this case.The Court DENIES Target's Motion for Protective Order Regarding Request for Inspection and Brief in Support (ECF No. #82 ). It is therefore ORDERED that Target shall make available the Midlothian distribution facility at a time agreed upon by Plaintiffs and Target for 1.5 hours to allow the Plaintiffs to take light readings and complete their inspect the property involved in the incident at issue.The Court DENIES Target's Motion for Leave to File Reply Brief in Support of its Motion to Realign (ECF No. #95 ). (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/2/2022) (fba) Modified on 12/29/2022 (fba).
|
|
Filing 99
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Hal R. Ray, Jr: Motion Hearing held on 11/1/2022 re #82 Motion for Protective Order filed by Target Corporation, #78 Motion for Miscellaneous Relief filed by Target Corporation, #75 Motion to Quash filed by Maria Jackson, #77 Motion to Quash filed by Antonio Lopez-Victorino, Blanca Orenday, #73 Motion for Discovery filed by Brian Lynn Colburn ; Orders to follow. (Court Reporter: Digital File) (Plaintiff - Carlos Lopez; Console Plainitff - Daniel D McGuire; Defendant Colburn - Steven L Russell; Defendant Target Corporation - Donna C Peavler;Defendant Bonk - Roy Atwood; Intervenor Jackson - Jeffrey Weinstein (No exhibits) Time in Court - :47. (edm)
|
|
Filing 98
NOTICE of Transmittal Letter to Magistrate Judge Ray re: #75 MOTION to Quash filed by Maria Jackson (Attachments: #1 Exhibit(s) Doc. 75) (Weinstein, Jeffrey)
|
|
Filing 97
NOTICE of Transmittal Letter to Magistrate Judge Ray re: #85 Notice (Other), #86 Response/Objection filed by Maria Jackson (Attachments: #1 Exhibit(s) Doc. 85, #2 Exhibit(s) Doc. 86) (Weinstein, Jeffrey)
|
|
Filing 96
NOTICE of Transmittal Letter to Magistrate Judge Ray re: #84 Response/Objection, #89 Appendix in Support,, #88 Response/Objection filed by Antonio Lopez-Victorino, Blanca Orenday (Attachments: #1 Exhibit(s) Doc 84, #2 Exhibit(s) Doc 88, #3 Exhibit(s) Doc 89) (Queenan, M)
|
|
Filing 95
MOTION for Leave to File Reply Brief in Support of its Motion to Realign filed by Target Corporation (Attachments: #1 Proposed Order, #2 Additional Page(s)) (Peavler, Donna)
|
|
Filing 94
Notice in Support filed by Target Corporation re #92 Appendix in Support (Peavler, Donna) Modified on 11/2/2022 (sre).
|
|
Filing 93
Notice filed by Target Corporation re #91 Response/Objection (Peavler, Donna) Modified on 11/2/2022 (sre).
|
|
Filing 92
Appendix in Support filed by Target Corporation re #91 Response/Objection (Peavler, Donna)
|
|
Filing 91
RESPONSE filed by Target Corporation re: #75 MOTION to Quash (Attachments: #1 Exhibit(s), #2 Proposed Order) (Peavler, Donna)
|
|
Filing 90
REPLY filed by Target Corporation re: #78 MOTION Motion to Realign (Peavler, Donna)
|
|
Filing 89
Appendix in Support filed by Antonio Lopez-Victorino, Blanca Orenday re #88 Response/Objection (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23) (Queenan, M)
|
|
Filing 88
RESPONSE filed by Antonio Lopez-Victorino, Blanca Orenday re: #82 MOTION for Protective Order Regarding Request for Inspection (Queenan, M)
|
|
Filing 87
Joint STATUS REPORT Regarding Motions to be Heard at 11/1/22 Hearing filed by Brian Lynn Colburn. (Wright, Michael)
|
|
Filing 86
RESPONSE filed by Maria Jackson re: #73 MOTION for Discovery (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Weinstein, Jeffrey)
|
|
Filing 85
NOTICE of Subject to the Joint Motion to Remand, Intervenor Maria Jackson's Joinder of Plaintiffs' Response to Defendant Target Corporation's Motion to Realign, and Brief in Support Thereof filed by Maria Jackson (Weinstein, Jeffrey)
|
|
Filing 84
RESPONSE filed by Antonio Lopez-Victorino, Blanca Orenday re: #78 MOTION Motion to Realign (Queenan, M)
|
|
Filing 83
ORDER:Before the Court is Defendant Target's Motion for Protective Order. ECF No. #82 . Accordingly, the Motion is SET for a Hearing, on November 1, 2022 at 3:00 p.m. in courtroom 508, Eldon B. Mahon United States Courthouse, 501 West 10th Street, Fort Worth, Texas, 76102 before Magistrate Judge Hal R. Ray Jr. Prior to the hearing, lead counsel for the parties shall confer by telephone to discuss narrowing the issues to be considered by the Court regarding the Motion. Counsel shall file a joint status report on or before October 28, 2022 at 5:00 p.m. (Ordered by Magistrate Judge Hal R. Ray, Jr on 10/24/2022). (fba)
|
|
Filing 82
MOTION for Protective Order Regarding Request for Inspection filed by Target Corporation (Attachments: #1 Cover Sheet Appendix, #2 Exhibit(s) Exhibits, #3 Proposed Order Order) (Peavler, Donna)
|
|
Filing 81
ORDER: The Motions are SET for a Hearing (ECF Nos. #73 #75 #77 #78 ), on November 1, 2022 at 3:00 p.m. in courtroom 508, Eldon B. Mahon United States Courthouse, 501 West 10th Street, Fort Worth, Texas, 76102 before Magistrate Judge Hal R. Ray Jr. Prior to the hearing, lead counsel for the parties shall confer by telephone to discuss narrowing the issues to be considered by the Court. Counsel shall file a joint status report on or before October 28, 2022 at 5:00 p.m. describing the results of their telephone conference and advising the Court of issues remaining for determination. (Ordered by Magistrate Judge Hal R. Ray, Jr on 10/21/2022) (fba)
|
|
Filing 80
ORDER: The Court hereby REFERS this case, including all pending motions, to United States Magistrate Judge Ray for pretrial management. See 28 U.S.C. 636(b)(1). Further pleadings concerning this case shall be filed with a transmittal letter addressed to Magistrate Judge Ray so that copies may be sent directly to him without delay. (Ordered by Judge Reed C. O'Connor on 10/21/2022). (fba)
|
|
Filing 79
Appendix in Support filed by Target Corporation re #78 MOTION Motion to Realign (Attachments: #1 Exhibit(s)) (Peavler, Donna)
|
|
Filing 78
MOTION Motion to Realign filed by Target Corporation (Attachments: #1 Proposed Order) (Peavler, Donna)
|
|
Filing 77
Amended MOTION to Quash filed by Antonio Lopez-Victorino, Blanca Orenday (Attachments: #1 Exhibit(s) A) (Lopez, Carlos)
|
|
Filing 76
MOTION to Quash filed by Antonio Lopez-Victorino, Blanca Orenday (Attachments: #1 Exhibit(s) A) (Lopez, Carlos)
|
|
Filing 75
MOTION to Quash filed by Maria Jackson (Attachments: #1 Exhibit(s) A) (Weinstein, Jeffrey)
|
|
Filing 74
NOTICE of Attorney Appearance by Jerry Lee Ewing, Jr on behalf of Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc.. (Filer confirms contact info in ECF is current.) (Ewing, Jerry)
|
|
Filing 73
MOTION for Discovery filed by Brian Lynn Colburn with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Signed copy of state court order) (Russell, Steven)
|
|
Filing 72
REPLY filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re: #65 MOTION to Strike #56 Response/Objection (Queenan, M)
|
|
Filing 71
REPLY filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re: #64 MOTION to Strike #1 Notice of Removal,,,, (Queenan, M)
|
|
Filing 70
RESPONSE filed by Target Corporation re: #34 Joint MOTION to Remand (Attachments: #1 Additional Page(s) Appendix, #2 Exhibit(s), #3 Proposed Order) (Peavler, Donna)
|
|
Filing 69
Appendix in Support filed by Target Corporation re #68 Response/Objection (Attachments: #1 Exhibit(s)) (Peavler, Donna)
|
|
Filing 68
RESPONSE filed by Target Corporation re: #64 MOTION to Strike #1 Notice of Removal,,,, (Attachments: #1 Proposed Order) (Peavler, Donna)
|
|
Filing 67
Order: The Court hereby REFERS these motions(ECF Nos. #64 and #65 ) and all related responses, replies, briefs in support, appendices, etc., to United States Magistrate Judge Ray for determination or recommendation to this Court.(Ordered by Judge Reed C. O'Connor on 8/22/2022) (fba)
|
|
Filing 66
Appendix in Support filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re #65 MOTION to Strike #56 Response/Objection (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Queenan, M)
|
|
Filing 65
MOTION to Strike #56 Response/Objection filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday (Queenan, M)
|
|
Filing 64
MOTION to Strike #1 Notice of Removal,,,, filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday with Brief/Memorandum in Support. (Queenan, M)
|
|
Filing 63
REPLY filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re: #56 Response/Objection (Queenan, M)
|
|
Filing 62
REPLY filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re: #54 Response/Objection (Queenan, M)
|
|
Filing 61
ADDITIONAL ATTACHMENTS to #57 Appendix in Support by Consol Plaintiffs Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Defendants Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc., Target Corporation, Interested Party Target Corporation. (Peavler, Donna)
|
|
Filing 60
ADDITIONAL ATTACHMENTS to #57 Appendix in Support by Consol Plaintiffs Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Defendants Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc., Target Corporation, Interested Party Target Corporation. (Peavler, Donna)
|
|
Filing 59
ADDITIONAL ATTACHMENTS to #57 Appendix in Support by Consol Plaintiffs Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Defendants Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc., Target Corporation, Interested Party Target Corporation. (Peavler, Donna)
|
|
Filing 58
ADDITIONAL ATTACHMENTS to #57 Appendix in Support by Consol Plaintiffs Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Defendants Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc., Target Corporation, Interested Party Target Corporation. (Peavler, Donna)
|
|
Filing 57
Appendix in Support filed by Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc., Target Corporation re #56 Response/Objection to Motion to Remand (Peavler, Donna)
|
|
Filing 56
RESPONSE filed by Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Hogan Services, Inc., Hogan Transports, Inc., Target Corporation re: #34 Joint MOTION to Remand (Peavler, Donna)
|
|
Filing 55
Appendix in Support filed by Gregory Lynn Bonk, Brian Lynn Colburn re #54 Response/Objection (Russell, Steven)
|
|
Filing 54
RESPONSE filed by Gregory Lynn Bonk, Brian Lynn Colburn re: #34 Joint MOTION to Remand (Russell, Steven)
|
|
Filing 53
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Maria Jackson. (Clerk QC note: No affiliate entered in ECF). (Weinstein, Jeffrey)
|
|
Filing 52
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Antonio Lopez-Victorino, Blanca Orenday. (Clerk QC note: No affiliate entered in ECF). (Queenan, M)
|
|
Filing 51
SCHEDULING ORDER: Joinder of Parties due by 9/26/2022. Amended Pleadings due by 9/26/2022. Motions due by 4/24/2023. Deadline for mediation is on or before 2/22/2023. Discovery due by 3/24/2023. Pretrial Order due by 7/27/2023. This case is set for trial on this Courts four-week docket beginningAugust 21, 2023 before Judge Reed C. O'Connor. See Order for further specifics. (Ordered by Judge Reed C. O'Connor on 7/26/2022) (fba/chmb) Modified to correct pretrial order due date. (fba)
|
|
Filing 50
ANSWER to Complaint filed by Maria Jackson, Antonio Lopez-Victorino. 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. (Queenan, M)
|
|
Filing 49
Joint STATUS REPORT filed by Hogan Dedicated Services, LLC, Hogan Personnel, LLC, Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday, Target Corporation. (Attachments: #1 Exhibit(s) 1) (Queenan, M)
|
|
Filing 48
AMENDED DOCUMENT by Target Corporation. #45 Certificate of Conference. (Attachments: #1 Exhibit(s)) (Peavler, Donna) Modified on 7/22/2022 (mmw).
|
|
Filing 47
ELECTRONIC ORDER granting #45 Motion to Extend Time (Duplicate motion) (Ordered by Judge Reed C. O'Connor on 7/19/2022) (fba/chmb)
|
|
Filing 46
ORDER granting #44 Motion to Extend Time.Defendants to respond to the Motion to Remand no later than August 1, 2022.(Ordered by Judge Reed C. O'Connor on 7/19/2022) (fba/chmb)
|
|
Filing 45
Unopposed MOTION to Extend Time FIRST AMENDED UNOPPOSED MOTION TO EXTEND DEADLINE TO RESPOND TO REMAND MOTION AND BRIEF IN SUPPORT filed by Target Corporation (Attachments: #1 Proposed Order) (Peavler, Donna)
|
|
Filing 44
Unopposed MOTION to Extend Time EXTEND DEADLINE TO RESPOND TO REMAND MOTION filed by Target Corporation (Peavler, Donna)
|
|
Filing 43
DEMAND for Trial by Jury by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday. (Queenan, M)
|
|
Filing 42
DEMAND for Trial by Jury by Antonio Lopez-Victorino, Blanca Orenday. (Queenan, M)
|
|
Filing 41
ORDER: The Court hereby VACATES its Order dated June 30, 2022 (ECF No. #33 ) and issues the following Order in its place. On the issue regarding the Rodolfo deposition and deposition of Target-related witnesses, the interested parties mutually agreed that on or after October 1, 2022 would be a reasonable time for Rodolfo's deposition to take place. Accordingly, the interested parties SHALL conduct any deposition of Rodolfo and any other Target-related witness on or after that date, and the Court DENIES the Motion as moot to the extent it relates to the matter of scheduling depositions. (Ordered by Magistrate Judge Hal R. Ray, Jr on 7/12/2022) (sre)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:41. Tue Jul 12 16:43:07 CDT 2022 (crt)
|
|
Filing 40
OBJECTION to a Magistrate Judge Order #33 ORDER: Before the Court is Non-Party Lauren Rodolfo's and Real-Party-in- Interest Target Corporation's Emergency Motion to Quash and for Sanctions, filed in the since- consolidated case: Hogan Dedicated Services, LLC v. Lopez-Victorino, No. 4:21-cv-01184-O-BP, ECF No. 29. the interested parties mutually agreed that on or after October 1, 2022 would be a reasonable time for Rodolfo's deposition to take place. Accordingly, the interested parties SHALL conduct any deposition of Rodolfo and any other Target-related witness on or after that date, and the Court DENIES the Motion as moot to the extent it relates to the matter of scheduling depositions. On the second issue, the Court will carry along the request for fees incurred in preparing and presenting the Motion and will reconsider it upon request of counsel after the depositions of Rodolfo and Target-related witnesses occur. (Ordered by Magistrate Judge Hal R. Ray, Jr on 6/30/2022) (mmw) . (Attachments: #1 Additional Page(s), #2 Exhibit(s)) (Peavler, Donna)
|
|
Filing 39
Notice of Filing of Official Electronic Transcript of Emergency Motion to Quash and for Sanctions #29 Proceedings held on 06/30/2022 before Judge Hal R. Ray, Jr.. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (12 pages). Redaction Request due 7/29/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/6/2022. (Rehling, Kathy)
|
|
Filing 38
Transcript Order Form: transcript requested by Target Corporation for Motion to Quash 06/30/22; Motion for Sanctions 06/30/22 (Court Reporter: Visiting Reporter.) Payment method: Other Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court.. (Peavler, Donna)
|
|
Filing 37
Order Referring Motion re: #34 Joint MOTION to Remand Motion(s) referred to Magistrate Judge Hal R. Ray, Jr. (Ordered by Judge Reed C. O'Connor on 7/1/2022) (wxc)
|
|
Filing 36
Appendix in Support filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re #34 Joint MOTION to Remand , #35 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9) (Queenan, M)
|
|
Filing 35
Brief/Memorandum in Support filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday re #34 Joint MOTION to Remand (Queenan, M)
|
|
Filing 34
Joint MOTION to Remand filed by Maria Jackson, Antonio Lopez-Victorino, Blanca Orenday with Brief/Memorandum in Support. (Queenan, M)
|
|
Filing 33
***VACATED PER #41 ORDER*** ORDER: Before the Court is Non-Party Lauren Rodolfo's and Real-Party-in- Interest Target Corporation's Emergency Motion to Quash and for Sanctions, filed in the since- consolidated case: Hogan Dedicated Services, LLC v. Lopez-Victorino, No. 4:21-cv-01184-O-BP, ECF No. 29. the interested parties mutually agreed that on or after October 1, 2022 would be a reasonable time for Rodolfo's deposition to take place. Accordingly, the interested parties SHALL conduct any deposition of Rodolfo and any other Target-related witness on or after that date, and the Court DENIES the Motion as moot to the extent it relates to the matter of scheduling depositions. On the second issue, the Court will carry along the request for fees incurred in preparing and presenting the Motion and will reconsider it upon request of counsel after the depositions of Rodolfo and Target-related witnesses occur. (Ordered by Magistrate Judge Hal R. Ray, Jr on 6/30/2022) (mmw) Modified on 7/12/2022 (sre).
|
|
Filing 32
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Hal R. Ray, Jr: Motion Hearing held on 6/30/2022 re #29 Emergency MOTION to Quash and for Sanctions filed by Non-Party Lauren Rodolfo and filed by Target Corporation in case no. 4:21CV-1184-O; Order to follow. Attorney Appearances: Plaintiff - Caitlin Morgan,; Defense - Carlos Lopez, Jeffrey Weinstein Movant- Donna Peaveler. (Court Reporter: Digital File) (No exhibits) Time in Court - :10. (edm)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:33. Thu Jun 30 15:38:42 CDT 2022 (crt)
|
|
Filing 31
ANSWER to Complaint (Notice of Removal) filed by Hogan Transports, Inc. 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. (Morgan, Caitlin)
|
|
Filing 30
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Hogan Transports, Inc. 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. (Morgan, Caitlin)
|
|
Filing 29
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Hogan Services, Inc. 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. (Morgan, Caitlin)
|
|
Filing 28
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Hogan Services, Inc. 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. (Morgan, Caitlin) Modified on 6/29/2022 (mmw).
|
|
Filing 27
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Hogan Personnel, LLC 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. (Morgan, Caitlin)
|
|
Filing 26
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Hogan Personnel, LLC 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. (Morgan, Caitlin)
|
|
Filing 25
ANSWER to Complaint (Notice of Removal) with Jury Demand filed by Hogan Dedicated Services, LLC. 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. (Morgan, Caitlin) Modified on 6/29/2022 (mmw).
|
|
Filing 24
ANSWER to Complaint(Notice of Removal) with Jury Demand filed by Hogan Dedicated Services, LLC. 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. (Morgan, Caitlin) Modified on 6/29/2022 (mmw).
|
|
Filing 23
Joint STATUS REPORT REGARDING RODOLFO AND REAL-PARTY-IN-INTEREST TARGET CORPORATIONS EMERGENCY MOTION TO QUASH AND FOR SANCTIONS filed by Target Corporation. (Peavler, Donna)
|
|
Filing 22
ORDER CONSOLIDATING CASES: Member case(s) 4:21-cv-01184-O consolidated with lead case 4:22-cv- 00476-O. Lauren Rodolfo, Maria Jackson and Target Corporation added to case pursuant to consolidation. Attorney Jeffrey L Weinstein,Donna C Peavler,Sara Kimbrough Scudday,Donna C Peavler,Donna C Peavler for Lauren Rodolfo,Jeffrey L Weinstein for Maria Jackson,Donna C Peavler,Sara Kimbrough Scudday for Target Corporation added to case pursuant to consolidation. (Ordered by Judge Reed C. O'Connor on 6/24/2022) (wxc)
|
|
Deadline Modification per Order #22 : to allow the parties an additional two weeks to meet and file their report. The parties must file their joint report no later than July 25, 2022. (wxc)
|
|
Filing 21
ELECTRONIC ORDER granting #20 Application for Admission Pro Hac Vice of Britton St. Onge. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/21/2022) (chmb)
|
|
Filing 20
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Britton St. Onge (Filing fee $100; Receipt number 0539-12897874) filed by Hogan Dedicated Services, LLC (Attachments: #1 Additional Page(s) Certificate of Good Standings 2, #2 Proposed Order Proposed Order for Admission Pro Hac Vice of Britton St. Onge)Attorney Ashley Gould added to party Hogan Dedicated Services, LLC(pty:dft) (Gould, Ashley)
|
|
Filing 19
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party and any unrepresented party shall confer as soon as practicable. The Joint Report, which shall be filed on or before 7/11/2022. (Ordered by Judge Reed C. O'Connor on 6/13/2022) (jgg)
|
|
Deadline Modification: Deadlines set. Answer due by 6/29/2022. (wxc)
|
|
Filing 18
ANSWER to Complaint with Jury Demand filed by Target Corporation. 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. (Peavler, Donna)
|
|
Filing 17
ANSWER to Complaint with Jury Demand filed by Target Corporation. 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. (Peavler, Donna)
|
|
Filing 16
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gregory Lynn Bonk. (Clerk QC note: No affiliate entered in ECF). (Gameros, Charles)
|
|
Filing 15
ANSWER to Complaint filed by Gregory Lynn Bonk. 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. (Gameros, Charles)
|
|
Filing 14
ANSWER to Complaint filed by Gregory Lynn Bonk. 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. (Gameros, Charles)
|
|
Filing 13
Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Hogan Dedicated Services, LLC (Morgan, Caitlin)
|
|
Filing 12
NOTICE of The Hogan Defendants' Certificate of Interested Parties filed by Hogan Dedicated Services, LLC (Morgan, Caitlin)
|
|
Filing 11
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brian Lynn Colburn. (Clerk QC note: No affiliate entered in ECF). (Russell, Steven)
|
|
Filing 10
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. (bdb)
|
|
Filing 9
ORDER: The above-styled case is accordingly TRANSFERRED to the docket of the Honorable United States District Judge Reed O'Connor in the Fort Worth Division of the Northern District of Texas. Case reassigned to Judge Reed C. O'Connor for all further proceedings. Judge Mark Pittman no longer assigned to case. (Ordered by Judge Mark Pittman on 6/3/2022) (bdb)
|
|
Filing 8
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)
|
|
Filing 7
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by TARGET CORPORATION. (Clerk QC note: No affiliate entered in ECF). (Peavler, Donna)
|
|
Filing 6
ADDITIONAL ATTACHMENTS to #1 Notice of Removal,,,, by Defendant TARGET CORPORATION. (Peavler, Donna)
|
|
Filing 5
ADDITIONAL ATTACHMENTS to #1 Notice of Removal,,,, by Defendant TARGET CORPORATION. (Peavler, Donna)
|
|
Filing 4
ADDITIONAL ATTACHMENTS to #1 Notice of Removal,,,, by Defendant TARGET CORPORATION. (Peavler, Donna)
|
|
Filing 3
ADDITIONAL ATTACHMENTS to #1 Notice of Removal,,,, by Defendant TARGET CORPORATION. (Peavler, Donna)
|
|
Filing 2
ADDITIONAL ATTACHMENTS to #1 Notice of Removal,,,, by Defendant TARGET CORPORATION. (Peavler, Donna)
|
|
Filing 1
NOTICE OF REMOVAL filed by TARGET CORPORATION. (Filing fee $402; receipt number 0539-12863779) 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 Cover Sheet, #3 Additional Page(s), #4 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.
