Stewart v. Martin Marietta Materials Inc et al
Plaintiff: Roy Stewart
Defendant: Martin Marietta Materials Inc, Unique Paving Materials, Corp. and John Doe 4:26-cv-643-P
Pretrial Services: ADR Provider
Case Number: 4:2026cv00643
Filed: May 26, 2026
Court: U.S. District Court for the Northern District of Texas
Presiding Judge: Mark Pittman
Nature of Suit: Torts/Pers Inj: Other Personal Injury
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 9, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2026 Filing 23 ANSWER to #6 Amended Complaint,, filed by Martin Marietta Materials Inc. 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. 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. (Graham, Parker)
July 7, 2026 Filing 22 SUMMONS Returned Executed as to Unique Paving Materials, Corp. ; served on 6/4/2026. (MacLeod, Ryan)
July 6, 2026 Opinion or Order Filing 21 ORDER: Before the Court is Defendant Martin Marietta Materials Inc.'s Motion to Dismiss. ECF No. #14 . Having considered the filing and the relevant law, the Court DENIES the Motion to Dismiss. (Ordered by Judge Mark Pittman on 7/6/2026) (hcc)
July 6, 2026 Filing 20 NOTICE of Change of Address for Attorney Parker Lee Graham on behalf of Martin Marietta Materials Inc. (Filer confirms contact info in ECF is current.) (Graham, Parker)
July 6, 2026 Filing 19 AMENDED DOCUMENT by Roy Stewart. Certificate of Interested Parties. (MacLeod, Ryan)
July 6, 2026 Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Roy Stewart. (Clerk QC note: No affiliate entered in ECF). (MacLeod, Ryan)
July 6, 2026 Filing 17 CERTIFICATE OF SERVICE by Roy Stewart Plaintiff's Amended Rule 26(a)(1) Disclosures (MacLeod, Ryan)
June 23, 2026 Filing 16 ANSWER to Complaint filed by Unique Paving Materials, Corp.. 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.Attorney Clinton V Cox, IV added to party Unique Paving Materials, Corp.(pty:dft) (Cox, Clinton)
June 23, 2026 Filing 15 ***INCORRECT ENTRY PER FILER DOCUMENT FILED IN ERROR*** CERTIFICATE OF SERVICE by Roy Stewart Notice of Deposition (MacLeod, Ryan) Modified per filer on 6/23/2026 (saw).
June 17, 2026 Filing 14 Motion to Dismiss for Failure to State a Claim filed by Martin Marietta Materials Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Graham, Parker)
June 10, 2026 Opinion or Order Filing 13 SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning May 31, 2027. Counsel and the Parties must be ready for trial on two days' notice at any time during those four weeks. Joinder of Parties due by 8/10/2026. Amended Pleadings due by 8/10/2026. Discovery due by 1/4/2027. Motions due by 1/29/2027. Pretrial Order due by 5/6/2027. MEDIATION ORDER. The court appoints David R Seidler as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 12/2/2026. (Ordered by Judge Mark Pittman on 6/10/2026) (saw)
June 10, 2026 Filing 12 Joint STATUS REPORT filed by Roy Stewart. (MacLeod, Ryan)
June 8, 2026 Opinion or Order Filing 11 ORDER: Before the Court is a letter regarding the Joint Report. ECF No. #8 . The Court construes this letter as a Motion for Extension of Time to File the Joint Report. Having considered the filing and the relevant law, the Court hereby DENIES the Motion. (Ordered by Judge Mark Pittman on 6/8/2026) (saw)
June 5, 2026 Filing 10 CERTIFICATE OF SERVICE by Roy Stewart Plaintiffs FRCP 26(a)(1) Initial Disclosures (MacLeod, Ryan)
June 3, 2026 Filing 9 Summons Issued as to Unique Paving Materials, Corp. (saw)
June 3, 2026 Filing 8 MOTION for Extension of Time to File the Joint Report and STATUS REPORT regarding Scheduling Conference filed by Roy Stewart. (MacLeod, Ryan) Modified event and docket text per image on 6/4/2026 (jnp).
June 3, 2026 Filing 7 Request for Clerk to issue Summons filed by Roy Stewart. (MacLeod, Ryan)
June 3, 2026 Filing 6 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Roy Stewart. Plaintiff will submit summons(es) for issuance. 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. (MacLeod, Ryan)
May 27, 2026 Opinion or Order Filing 5 ORDER: As a result of the Scheduling Conference, counsel must prepare and submit a Report Regarding Contents of Scheduling Order ("Joint Report") by June 10, 2026. (Ordered by Judge Mark Pittman on 5/27/2026) (saw)
May 27, 2026 Opinion or Order Filing 4 ORDER: The Court ORDERS that (1) by June 3, 2026, Plaintiff(s) file an amended complaint and (2) within 14 days after Plaintiff(s) file an amended complaint, Defendant(s) 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, including dismissal of Plaintiff(s)'s claims or granting of a default judgment if appropriate. (Ordered by Judge Mark Pittman on 5/27/2026) (saw)
May 27, 2026 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. All counsel and unrepresented parties are also reminded of the judge-specific requirement that they read and abide by (1) Dondi Properties Corp. v. Commerce Savings & Loan Assoc., 121 F.R.D. 284 (N.D. Tex. 1988);(2) the Local Civil Rules of the United States District Court for the Northern District of Texas;(3) the Texas Lawyers Creed;(4) the Texas Disciplinary Rules of Professional Conduct;and (5) Judge-Specific Requirements of Judge Pittman. (saw)
May 26, 2026 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Martin Marietta Materials Inc. (Clerk QC note: Affiliate indicated in ECF). (Graham, Parker) Modified affiliates on 5/27/2026 (saw).
May 26, 2026 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Martin Marietta Materials Inc. (Filing fee $405; receipt number ATXNDC-16478085) 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 Index of Documents Filed in State Court, #2 State Court Docket Sheet, #3 Plaintiff's Original Petition, #4 MM's Original Answer, #5 Plaintiff's Request for Service, #6 Plaintiff's First Amended Petition, #7 Plaintiff's Notice of Appearance, #8 Counsel Contact Information, #9 Civil Cover Sheet, #10 Supplemental Civil Cover Sheet) (Graham, Parker)

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Plaintiff: Roy Stewart
Represented By: Ryan Scott MacLeod
Represented By: Kirk Matthew Claunch
Represented By: Joel Edward Morgan, III
Represented By: Brett Oren Hargis
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Defendant: Martin Marietta Materials Inc
Represented By: Parker Lee Graham
Represented By: Tayler Gray
Represented By: Mark E Stradley
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Defendant: Unique Paving Materials, Corp.
Represented By: Clinton V Cox, IV
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Defendant: John Doe 4:26-cv-643-P
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Pretrial services: ADR Provider
Represented By: David R Seidler
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