Gautreaux et al v. Warren Power & Machinery Inc et al
| Jared Michael Arabie and Amanda Arabie |
| James Craig Gautreaux and Dana Gautreaux |
| Warren Power & Machinery Inc, Irock Crushers Inc and Blattner Energy L L C |
| 6:2022cv00032 |
| July 15, 2022 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 41 ANSWER to #1 Complaint and #33 Amended Complaint and , with Jury Demand filed by Blattner Energy L L C. 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. (Weber, Christopher) Modified text on 9/13/2022 (dsr). |
| Filing 40 ANSWER to #38 Amended Complaint, with Jury Demand filed by Warren Power & Machinery 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. (Anderson, Peter) |
| Filing 39 ANSWER to #33 Amended Complaint, with Jury Demand filed by Warren Power & Machinery 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. (Anderson, Peter) |
| Filing 38 FIRST AMENDED COMPLAINT against All Defendants filed by Amanda Arabie, Jared Michael Arabie. 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. (dsr) |
Filing 37
ORDER granting #36 Motion For Leave to file First Amending Complaint. Clerk to enter the document [36-3] as a separate docket entry. (Ordered by Judge James Wesley Hendrix on 9/7/2022) (dsr)
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| Filing 36 MOTION for Leave to Amend Complaint filed by Amanda Arabie, Jared Michael Arabie.(Originally filed on 8/23/2022 in 6:22-CV-033) (Attachments: #1 Declaration of Certificate of Conference, #2 Proposed Order on Motion for Leave to Amend, #3 Arabia First Amended Complaint.) (dsr) |
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Filing 35
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER : Parties to meet and confer no later than 9/13/2022. Joint Proposed Scheduling Order due by 9/27/2022. (Ordered by Judge James Wesley Hendrix on 8/30/2022) (dsr)
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Filing 34
ORDER CONSOLIDATING CASES: Member case(s) 6:22-CV-033 consolidated with lead case 6:22-CV-032. Jared Michael Arabie and Amanda Arabie added to case pursuant to consolidation. (Ordered by Judge James Wesley Hendrix on 8/29/2022) (dsr)
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| Filing 33 FIRST AMENDED COMPLAINT against All Defendants filed by James Craig Gautreaux, Dana Gautreaux. 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. (dsr) |
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Filing 32
ORDER denying as moot #16 Motion for More Definite Statement; and granting #30 Motion for Leave to File. (Clerk to enter the document as a separate docket entry.) (Ordered by Judge James Wesley Hendrix on 8/29/2022) (dsr)
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Filing 31
ORDER granting #28 Motion to Waive Local Counsel Requirement. (Ordered by Judge James Wesley Hendrix on 8/29/2022) (dsr)
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| Filing 30 MOTION for Leave to File First Amending Complaint filed by Dana Gautreaux, James Craig Gautreaux (Attachments: #1 First Amending Complaint, #2 Proposed Order) (Ryan, James) |
| Filing 29 Brief/Memorandum in Support filed by Irock Crushers Inc re #28 MOTION for Leave to Proceed without Local Counsel (Attachments: #1 Exhibit(s) Affidavit of Sean B. Swords) (Swords, Sean) |
| Filing 28 MOTION for Leave to Proceed without Local Counsel filed by Irock Crushers Inc (Attachments: #1 Proposed Order) (Swords, Sean) |
| Filing 27 Agreed MOTION to Consolidate Cases filed by Irock Crushers Inc (Swords, Sean) |
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Filing 26
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 (except for a prisoner litigant proceeding pro se) shall confer at a scheduling conference as soon as practicable, but in any event no later than September 1, 2022. As a result of the scheduling conference, counsel shall prepare and submit a Joint Report Regarding Contents of Scheduling Order. The Joint Report shall also include a status report on settlement negotiations but shall not disclose settlement figures. The Joint Report shall be filed on or before September 15, 2022. See order for additional instructions. (Ordered by Judge James Wesley Hendrix on 8/19/2022) (skf)
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| Filing 25 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Irock Crushers Inc. (Clerk QC note: No affiliate entered in ECF). (Swords, Sean) |
| Filing 24 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Irock Crushers Inc. (Clerk QC note: No affiliate entered in ECF). (Swords, Sean) |
| Filing 23 ANSWER to #1 Complaint, with Jury Demand filed by Irock Crushers Inc. 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. (Swords, Sean) |
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Filing 22
ORDER: IROCK Crushers, LLC is therefore ordered to obtain local counsel or file a motion to proceed without local counsel. Response due by 8/23/2022. (Ordered by Judge James Wesley Hendrix on 8/9/2022) (dsr)
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| Filing 21 NOTICE of Attorney Appearance by Paul D Stipanovic on behalf of Dana Gautreaux, James Craig Gautreaux. (Filer confirms contact info in ECF is current.) (Stipanovic, Paul) |
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Filing 20
ORDER granting #13 Application for Admission Pro Hac Vice of James P. Ryan. 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 James Wesley Hendrix on 8/8/2022) (dsr)
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Filing 19
ORDER granting #15 Motion to Substitute Attorney. David E. Chamberlain and Sean B. Swords are substituted as counsel for IROCK. John P. Wolff, III, Chad A. Sullivan, Tori S. Bowling, and George A. Wright are relieved of their obligations and duties to this Court as counsel for IROCK in this case. (Ordered by Judge James Wesley Hendrix on 8/8/2022) (dsr)
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| Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Warren Power & Machinery Inc. (Clerk QC note: No affiliate entered in ECF). (Anderson, Peter) |
| Filing 17 ANSWER to #1 Complaint, with Jury Demand filed by Warren Power & Machinery Inc. 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. (Anderson, Peter) |
| Filing 16 MOTION for More Definite Statement filed by Warren Power & Machinery Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Peter Haessly Anderson added to party Warren Power & Machinery Inc(pty:res) (Anderson, Peter) |
| Filing 15 Unopposed MOTION to Substitute Attorney, added attorney Sean Burton Swords,Sean Burton Swords,David E Chamberlain for Irock Crushers Inc. Motion filed by Irock Crushers Inc (Attachments: #1 Proposed Order)Attorney Sean Burton Swords added to party Irock Crushers Inc(pty:res) (Swords, Sean) |
| Filing 14 ADDITIONAL ATTACHMENTS to #13 Notice of Attorney Appearance by Petitioners Dana Gautreaux, James Craig Gautreaux. (Ryan, James) |
| Filing 13 Application for Admission Pro Hav Vice by James P Ryan on behalf of Dana Gautreaux, James Craig Gautreaux. (Filer confirms contact info in ECF is current.) (Attachments: #1 Additional Page(s) Good Standing Certificate) (Ryan, James) Modified title of document on 8/1/2022 (pnp). |
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Filing 12
ORDER granting #11 Motion to Substitute Attorney. (Ordered by Judge James Wesley Hendrix on 7/27/2022) (dsr)
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| Filing 11 Unopposed MOTION to Substitute Attorney, added attorney Christopher W Weber,Christopher W Weber for Blattner Energy L L C. Motion filed by Blattner Energy L L C (Attachments: #1 Proposed Order)Attorney Christopher W Weber added to party Blattner Energy L L C(pty:res) (Weber, Christopher) |
| Filing 10 Case electronically transferred in from District of Louisiana Western; Case Number 6:22-cv-01227. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 9
ORDER granting #8 Motion to Transfer Case and this matter is transferred to the San Angelo Division of the Northern District of Texas; FURTHER ORDERED per agreement of the parties, Defendants maintain their right to assert all defenses before that Court, including the right to challenge personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2); FURTHER ORDERED #3 Motion to Dismiss for Lack of Jurisdiction is hereby dismissed without prejudice as moot. Signed by Judge David C Joseph on 7/14/2022. (crt,Bunting, M) [Transferred from Louisiana Western on 7/15/2022.]
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| Filing 8 Unopposed MOTION to Transfer Case by Dana Gautreaux, James Craig Gautreaux. (Attachments: #1 Proposed order)(aty,Ryan, James) [Transferred from Louisiana Western on 7/15/2022.] |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Blattner Energy L L C identifying Corporate Parent Blattner Energy, LLC for Blattner Energy L L C. (aty,Watson, Philip) [Transferred from Louisiana Western on 7/15/2022.] |
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Filing 6
ORDER granting #5 Motion to Continue the hearing on Defendants Motion to Dismiss scheduled for hearing on 8/11/2022 and grants plaintiffs Motion to Conduct jurisdictional discovery for 90 days from the date of this Order. Signed by Magistrate Judge Patrick J Hanna on 6/21/2022. (crt,Bunting, M) [Transferred from Louisiana Western on 7/15/2022.]
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| Filing 5 MOTION to Continue The Hearing of Defendants Motion to Dismiss For Lack of Personal Jurisdiction with consent by Dana Gautreaux, James Craig Gautreaux. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 6/20/2022. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Ryan, James) [Transferred from Louisiana Western on 7/15/2022.] |
| Filing 4 NOTICE of Motion Setting without oral argument regarding: #3 MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 8/11/2022 before Judge Patrick J Hanna. (crt,Whitener, M) Modified docket text reflect correct Judge 6/15/2022 (Whitener, M). [Transferred from Louisiana Western on 7/15/2022.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction by Blattner Energy L L C. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Exhibit A - Affidavit)(Attorney Philip G Watson added to party Blattner Energy L L C(pty:dft))(aty,Watson, Philip) [Transferred from Louisiana Western on 7/15/2022.] |
| Filing 2 SUMMONS ISSUED as to Blattner Energy L L C, Irock Crushers Inc, Warren Power & Machinery Inc. (crt,Bunting, M) [Transferred from Louisiana Western on 7/15/2022.] |
| Filing 1 COMPLAINT against Blattner Energy L L C, Irock Crushers Inc, Warren Power & Machinery Inc with Jury Demand (Filing fee $402, receipt number ALAWDC-5095252) filed by James Craig Gautreaux, Dana Gautreaux. (Attachments: #1 Civil cover sheet)(Attorney James P Ryan added to party Dana Gautreaux(pty:pla), Attorney James P Ryan added to party James Craig Gautreaux(pty:pla))(aty,Ryan, James) Modified docket text on 5/6/2022 (Bunting, M). [Transferred from Louisiana Western on 7/15/2022.] |
| CASE Assigned to Judge David C Joseph and Magistrate Judge Patrick J Hanna. (crt,Bunting, M) [Transferred from Louisiana Western on 7/15/2022.] |
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