Lovato v. Braum's Inc
Plaintiff: Carmen Lovato
Defendant: Braum's Inc
Case Number: 5:2023cv00235
Filed: October 6, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: James Wesley Hendrix
Nature of Suit: Torts/Pers Inj: Other Personal Injury
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2023 Opinion or Order Filing 13 SCHEDULING ORDER: Joinder of Parties due by 3/8/2024; Amendment of Pleadings due by 5/3/2024; Completion of Discovery due by 11/1/2024. Dispositive Motions due by 11/8/2024. Exchange of Exhibits due by 1/27/2025. Bench Trial set for 2/10/2025 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 12/18/2023) (bdg)
December 15, 2023 Opinion or Order Filing 12 ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW AND SUBSTITUTE COUNSEL: ORDER granting #10 Motion to Withdraw as Attorney. Juan Renteria is substituted as counsel for the plaintiff William W. Johnston is relieved of his obligations and duties to this Court as counsel for the plaintiff in this case. (Ordered by Judge James Wesley Hendrix on 12/15/2023) (bmh)
December 15, 2023 Filing 11 Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Braum's Inc. (Shanes, Scott)
December 14, 2023 Filing 10 Amended MOTION to Withdraw as Attorney , Amended MOTION to Substitute Attorney, added attorney Juan Renteria. Motion() filed by Carmen Lovato (Attachments: #1 Proposed Order) (Renteria, Juan)
December 13, 2023 Opinion or Order Filing 9 ORDER AND NOTICE OF DEFICIENCY: ORDER denying #8 Motion to Withdraw as Attorney. The plaintiff's motion lacks the certificate of conference required by Local Rule 7.l(b). Accordingly, the Court denies without prejudice the plaintiff's motion (Dkt. No. 8) and directs the plaintiff to refile the motion with a certificate of conference. (Ordered by Judge James Wesley Hendrix on 12/13/2023) (bmh)
December 11, 2023 Filing 8 MOTION to Withdraw as Attorney filed by Carmen Lovato (Attachments: #1 Proposed Order Proposed Order on Motion to Withdraw) (Renteria, Juan)
December 11, 2023 Opinion or Order Filing 7 ORDER: Accordingly, within 14 days of the date of this Order, Johnston shall either (1) provide satisfactory documentation of Bar membership to the Court and Clerk of Court; (2) apply for membership in the Bar of this Court or for admission pro hac vice for this case; or (3) file a motion to withdraw as counsel for the plaintiff. (Ordered by Judge James Wesley Hendrix on 12/11/2023) (bmh)
November 30, 2023 Filing 6 NOTICE of Attorney Appearance by Juan Renteria on behalf of Carmen Lovato. (Filer confirms contact info in ECF is current.) (Renteria, Juan)
November 13, 2023 Opinion or Order Filing 5 Order Requiring Scheduling Conference and Report for Contents of Scheduling Order: Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party shall confer at a scheduling conference as soon as practicable, but in any event no later than December 1, 2023. The Joint Report shall be filed on or before 12/15/2023. (Ordered by Judge James Wesley Hendrix on 11/13/2023) (bdg)
November 13, 2023 Opinion or Order Filing 4 ORDER: The Court, having reviewed the docket, notes that William Johnston is not admitted to practice in the Northern District of Texas. William Johnston is ordered to submit an application for admission pro hac vice should he seek to continue representing the plaintiff in this action. Counsel is also advised of the requirement of local counsel under Local Civil Rule 83.10. Thus, the Court further orders that, by December 1, 2023, the plaintiff must either obtain local counsel or submit a motion to waive the requirement, specifically detailing availability for hearings and ability to comply with the local rules of this Court. (Ordered by Judge James Wesley Hendrix on 11/13/2023) (bdg)
October 6, 2023 Filing 3 New Case Notes: A filing fee has been paid. 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. (krr)
October 6, 2023 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Braum's Inc. (Clerk QC note: No affiliate entered in ECF). (Troiano, Daniel)
October 6, 2023 Filing 1 NOTICE OF REMOVAL filed by Braum's Inc. (Filing fee $402; receipt number ATXNDC-14085842) 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)) (Troiano, Daniel)

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Plaintiff: Carmen Lovato
Represented By: William Johnston
Represented By: Juan Renteria
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Defendant: Braum's Inc
Represented By: Scott Shanes
Represented By: Daniel P Troiano
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