Silva et al v. Sinopec Engineering Group America, LLC et al
| Brenda Silva and Jaime Silva |
| M&G USA Holding, LLC, Mossi & Ghisolfi Logistics, Co., M&G Finance Corporation, Chemtex International, Inc., Indo American Investments, Inc., M&G Polymers USA, LLC, Chemtex Far East, Ltd., M&G Waters USA, LLC, Ahern Rentals, Inc., M&G RESINS USA, LLC, SINOPEC ENGINEERING GROUP AMERICA, LLC, M&G USA Corporation and Chemtex Global Corporation |
| 2:2019cv00063 |
| February 22, 2019 |
| US District Court for the Southern District of Texas |
| Hilda G Tagle |
| P.I.: Other |
| 28 U.S.C. § 1332 ai Diversity-Asbestos-Personal Injury |
| Both |
Docket Report
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| Filing 68 FINAL JUDGMENT entered. Case terminated on 10/2/2020. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1) |
Filing 67
ORDER Granting #65 Agreed Amended Motion to Dismiss With Prejudice. The Court therefore DISMISSES WITH PREJUDICE all claims in the above-captioned case. Final judgment will be entered separately. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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| Filing 66 PROPOSED ORDER of Agreed Amended Motion to Dismiss With Prejudice re: #65 Agreed AMENDED #63 MOTION, filed.(Hilliard, Alexander) |
| Filing 65 Agreed AMENDED #63 MOTION by Jaime Silva, filed. Motion Docket Date 10/23/2020. (Hilliard, Alexander) |
| Filing 64 PROPOSED ORDER of Agreed Motion to Dismiss With Prejudice re: #63 Agreed MOTION to Dismiss With Prejudice, filed.(Hilliard, Alexander) |
| Filing 63 Agreed MOTION to Dismiss With Prejudice by Jaime Silva, filed. Motion Docket Date 10/21/2020. (Hilliard, Alexander) |
| Filing 62 MOTION for Partial Summary Judgment by Mossi & Ghisolfi Logistics, Co., filed. Motion Docket Date 7/6/2020. (Attachments: #1 Exhibit Ex.1 Plaintiffs First Amended Petition, #2 Exhibit Ex.2 Plaintiffs Original Petition, #3 Exhibit Ex.3 Deposition Transcript of Jamie Silva, #4 Proposed Order Proposed Order Granting Defendant MGLE's Partial Motion for Summary Judgment)(Della Casa, Marcella) |
| Filing 61 MOTION for Summary Judgment by M&G Finance Corporation, M&G Polymers USA, LLC, M&G USA Corporation, M&G USA Holding, LLC, filed. Motion Docket Date 7/6/2020. (Attachments: #1 Exhibit A, #2 Proposed Order)(Luyties, William) |
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Filing 60
ORDER Granting #59 Agreed Motion to Extend Deadline for Mediation, and RESETS the deadline to mediate and submit a mediation report to August 15, 2020.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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| Filing 59 Agreed MOTION that the Court extend the time to conduct mediation to August 15, 2020, or until such time to be determined by the Court but no sooner than August 15, 2020. by Mossi & Ghisolfi Logistics, Co., filed. Motion Docket Date 6/12/2020. (Attachments: #1 Proposed Order on Motion to Extend Deadline for Mediation)(Della Casa, Marcella) |
| Filing 58 NOTICE to Take Deposition of Brenda Silva by Mossi & Ghisolfi Logistics, Co., filed. (Della Casa, Marcella) |
| Filing 57 NOTICE to Take Deposition of Jamie Silva by Mossi & Ghisolfi Logistics, Co., filed. (Della Casa, Marcella) |
| Filing 56 NOTICE to Take Deposition of Jamie Silva by Mossi & Ghisolfi Logistics, Co., filed. (Della Casa, Marcella) |
| Filing 55 NOTICE to Take Deposition of Brenda Silva by Mossi & Ghisolfi Logistics, Co., filed. (Della Casa, Marcella) |
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Filing 54
ORDER entered, re: First Amended Agreed Stipulation of Dismissal with Prejudice as to Defendants Sinopec Engineering Group America, LLC and Ahern Rentals, Inc., #53 . Accordingly, because Sinopec and Ahern have been dismissed, the Court DIRECTS the Clerk to remove Sinopec and Ahern from this case. The Court STRIKES AS MOOT Sinopec's Motion to Dismiss #23 ; Ahern's Motion to Dismiss #38 ; Sinopec's Motion for Rule 12(b)(6) Motion to Dismiss Hearing #40 ; Ahern's Motion for Summary Judgment #42 ; and Sinopec's Motion to Compel Answers to Defendant's First Interrogatories #43 . Further, the Court GRANTS the Agreed Motion to Extend Deadline for Mediation #39 , and RESETS the deadline to mediate and submit a mediation report to May 22, 2020. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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| Filing 53 STIPULATION of Dismissal First Amended Agreed Stipulation, as to Defendants Sinopec and Ahern Rentals by Jaime Silva, filed.(Hilliard, Alexander) |
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Filing 52
ORDER entered, re: #50 Agreed Stipulation of Dismissal with Prejudice as to Defendant Sinopec Engineering Group America, LLC.; and #51 Agreed Stipulation of Dismissal with Prejudice as to Defendant Ahern Rentals, Inc. The Stipulation as to Ahern was signed by Plaintiffs' counsel and Ahern's counsel, but not by counsel of the other parties who have appeared. Accordingly, if dismissal of a defendant is sought, then all parties who have appeared in the above-captioned case must sign the stipulation of dismissal of such defendant pursuant to Rule 41(a)(1)(A)(ii). Alternatively, dismissal may be sought at the Plaintiffs' request pursuant to Rule 41(a)(2),1 and any responses to such request must be made within 7 days of the request. (Signed by Judge Hilda G Tagle) Parties notified. (scavazos, 1)
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| Filing 51 NOTICE of Dismissal as to Ahern Rentals, Inc. by Jaime Silva, filed. (Hilliard, Alexander) |
| Filing 50 NOTICE of Dismissal as to Sinopec Engineering Group America, LLC by Jaime Silva, filed. (Hilliard, Robert) |
| Filing 49 LETTER OF AGREEMENT re: Letter of Agreement - D/L Extension by M&G Resins USA, LLC, filed.(Granberry, William) |
| Filing 48 NOTICE of Change of Law Firm Affiliation by M&G Resins USA, LLC, filed. (Granberry, William) |
| Filing 47 Agreed MOTION to Modify Deadline of Discovery Responses by Chemtex Global Corporation, filed. Motion Docket Date 1/10/2020. (McMains, Stephen) |
| Filing 46 LETTER OF AGREEMENT re: Rule 11 by M&G Resins USA, LLC, filed.(Granberry, William) |
| Filing 45 LETTER OF AGREEMENT re: Letter of Agreement - D/L Extension by Chemtex Global Corporation, filed.(Gonzales, Arnold) |
| Filing 44 LETTER OF AGREEMENT by M&G Resins USA, LLC, filed.(Granberry, William) |
| Filing 43 MOTION to Compel Answers to Def's 1st Rogs by Sinopec Engineering Group America, LLC, filed. Motion Docket Date 12/4/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit Attorneys Fees Affidavit)(Glenn, Tracy) |
| Filing 42 MOTION for Summary Judgment and Brief in Support by Ahern Rentals, Inc., filed. Motion Docket Date 11/29/2019. (Attachments: #1 Exhibit Exhibit A to MSJ, #2 Exhibit Exhibit B to MSJ, #3 Proposed Order Ahern proposed order)(Silvera, Darryl) |
| Filing 41 SEALED MOTION to Compel PL Rsp to RFP by Mossi & Ghisolfi Logistics, Co., filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order) (Della Casa, Marcella) |
| Filing 40 Unopposed MOTION for Rule 12b(6) Motions to Dismiss Hearing re: #19 MOTION to Dismiss Rule 12(b)(6) by Sinopec Engineering Group America, LLC, filed. Motion Docket Date 11/18/2019. (Reid, Eron) |
| Filing 39 Agreed MOTION for Extension of Time Deadline for Mediation by Ahern Rentals, Inc., Chemtex Global Corporation, M&G Finance Corporation, M&G Polymers USA, LLC, M&G Resins USA, LLC, M&G USA Corporation, M&G USA Holding, LLC, Mossi & Ghisolfi Logistics, Co., Sinopec Engineering Group America, LLC, filed. Motion Docket Date 11/12/2019. (Glenn, Tracy) |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ahern Rentals, Inc., filed. Motion Docket Date 11/12/2019. (Attachments: #1 Proposed Order order motion to dismiss)(Silvera, Darryl) |
| Filing 37 MOTION to Dismiss by M&G Resins USA, LLC, filed. Motion Docket Date 10/29/2019. (Attachments: #1 Proposed Order Granting MTD)(Granberry, William) |
| Filing 36 First SEALED MOTION of Defendant's Motion to Compel Plaintiffs' Answers to Defendant's First Set of Interrogatories by Mossi & Ghisolfi Logistics, Co., filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Moczygemba, Kevin) |
| Filing 35 First REPLY to #33 Response in Opposition to Motion to Dismiss, filed by Mossi & Ghisolfi Logistics, Co.. (Moczygemba, Kevin) |
| Filing 34 RESPONSE in Opposition to #23 MOTION to Dismiss , filed by Brenda Silva, Jaime Silva. (Gonzales, Rudy) |
| Filing 33 RESPONSE in Opposition to #31 MOTION to Dismiss , filed by Brenda Silva, Jaime Silva. (Gonzales, Rudy) |
| Filing 32 Opposed MOTION to Dismiss by Chemtex Global Corporation, filed. Motion Docket Date 10/18/2019. (McMains, Stephen) |
| Filing 31 MOTION to Dismiss by M&G Finance Corporation, M&G Polymers USA, LLC, M&G USA Corporation, M&G USA Holding, LLC, filed. Motion Docket Date 10/15/2019. (Attachments: #1 Proposed Order)(Luyties, William) |
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Filing 30
ORDER granting #29 Motion for Extension of Time. Responses due by 9/30/2019.(Signed by Judge Hilda G Tagle) Parties notified.(dbenavides, 1)
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| Filing 29 Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANT SINOPEC ENGINEERING GROUP AMERICA, LLCS MOTION TO DISMISS by Jaime Silva, filed. Motion Docket Date 10/3/2019. (Hilliard, Robert) |
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Filing 28
ORDER Granting #27 Plaintiff's Motion. The deadline to respond to MGEL's Motion to Dismiss is RESET to September 30, 2019.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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| Filing 27 Unopposed MOTION for Extension of Time Plaintiffs' deadline to respond to Defendant Mossi & Ghisolfi Engineering and Logistics Co. d/b/a Mossi & Ghisolfi Logistics Motion to Dismiss by Brenda Silva, Jaime Silva, filed. Motion Docket Date 9/30/2019. (Gonzales, Rudy) |
| Filing 26 Second AMENDED ANSWER to with jury demand by Ahern Rentals, Inc., filed. (Silvera, Darryl) |
| Filing 25 AMENDED ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc. by M&G Resins USA, LLC, filed. (Granberry, William) |
| Filing 24 First AMENDED ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc. by Sinopec Engineering Group America, LLC, filed. (Reid, Eron) |
| Filing 23 MOTION to Dismiss by Sinopec Engineering Group America, LLC, filed. Motion Docket Date 9/12/2019. (Attachments: #1 Proposed Order Proposed Order Granting 12(b)(6) Motion to Dismiss)(Reid, Eron) |
| Filing 22 AMENDED ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc. with jury demand by Ahern Rentals, Inc., filed. (Silvera, Darryl) |
| Filing 21 AMENDED ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Mossi & Ghisolfi Logistics, Co., filed. (Della Casa, Marcella) |
| Filing 20 Unopposed MOTION to Designate Responsible Third Party by Mossi & Ghisolfi Logistics, Co., filed. Motion Docket Date 9/9/2019. (Attachments: #1 Proposed Order)(Della Casa, Marcella) |
| Filing 19 MOTION to Dismiss Rule 12(b)(6) by Mossi & Ghisolfi Logistics, Co., filed. Motion Docket Date 9/9/2019. (Attachments: #1 Proposed Order)(Della Casa, Marcella) |
| Filing 18 ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc. by M&G Finance Corporation, M&G Polymers USA, LLC, M&G USA Corporation, M&G USA Holding, LLC, filed.(Luyties, William) |
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Filing 17
SCHEDULING ORDER. ETT: 12 Days. Jury Trial. Joinder of Parties due by 8/1/2019. Amended Pleadings due by 8/22/2019. Mediation due by 12/27/2019. Statement Regarding Mediation due: 12/27/2019. Pltf Expert Report due by 3/2/2020. Deft Expert Report due by 5/1/2020. Discovery due by 6/1/2020. Dispositive Motion Filing due by 6/15/2020. Non-Dispositive Motion Filing due by 9/24/2020. Joint Pretrial Order due by 9/24/2020. Final Pretrial Conference set for 10/8/2020 at 01:30 PM before Judge Hilda G Tagle. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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| Filing 16 AMENDED COMPLAINT with Jury Demand against All Plaintiffs filed by Brenda Silva, Jaime Silva.(Hilliard, Robert) |
| Filing 15 ANSWER to #1 State Court Petition/Notice of Removal by Chemtex Global Corporation, filed.(McMains, Stephen) |
| Filing 14 INITIAL DISCLOSURES by Sinopec Engineering Group America, LLC, filed.(Reid, Eron) |
| Filing 13 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by Jaime Silva, filed. (Hilliard, Robert) |
| Filing 12 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by Mossi & Ghisolfi Logistics, Co., filed. (Attachments: #1 Unredacted attachment Mossi Initial Disclosures)(Della Casa, Marcella) |
| Filing 11 PROPOSED ORDER Docket Control Order, filed.(Silvera, Darryl) |
| Filing 10 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Ahern Rentals, Inc., filed.(Silvera, Darryl) |
| Filing 9 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by M&G Resins USA, LLC, filed. (Attachments: #1 Unredacted attachment)(Granberry, William) |
| Filing 8 First AMENDED ANSWER to with Jury Demand by Mossi & Ghisolfi Logistics, Co., filed. (Della Casa, Marcella) |
| Filing 7 NOTICE of Appearance by Marcella A. Della Casa on behalf of Mossi & Ghisolfi Logistics, Co., filed. (Della Casa, Marcella) |
| Filing 6 CERTIFICATE OF INTERESTED PARTIES by Mossi & Ghisolfi Logistics, Co., filed.(Della Casa, Marcella) |
| Filing 5 CERTIFICATE OF INTERESTED PARTIES by Ahern Rentals, Inc., filed.(Silvera, Darryl) |
| Filing 4 CERTIFICATE OF INTERESTED PARTIES by Sinopec Engineering Group America, LLC, filed. (Attachments: #1 Exhibit A)(Glenn, Tracy) |
| Filing 3 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by Ahern Rentals, Inc., filed. (Attachments: #1 Exhibit Ahern's Initial Disclosures)(Silvera, Darryl) |
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Filing 2
ORDER setting deadline. Joint Discovery/Case Management Plan due by 4/23/2019. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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| Filing 1 NOTICE OF REMOVAL from County Court at Law No. 1, Nueces County, Texas, case number 2019CCV-60133-1 (Filing fee $ 400 receipt number 0541-21926142) filed by SINOPEC ENGINEERING GROUP AMERICA, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Glenn, Tracy) |
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