VanLue v. Schoeller Bleckmann America, Inc.
| James Duke VanLue |
| Schoeller Bleckmann America, Inc. |
| 4:2018cv03608 |
| October 4, 2018 |
| US District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2018. A more recent docket listing may be available from PACER.
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Filing 16
ORDER OF DISMISSAL entered. This case is dismissed with prejudice. Case terminated on 11/5/18. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing 15
MEMORANDUM AND OPINION entered: The court grants Schoeller's motion to dismiss for lack of subject-matter jurisdiction, (Docket Entry No. 7), and denies VanLue's motion for discovery and an extension of time to respond to the motion to dismiss, (Docket Entry No. 13). The motion for a temporary restraining order is denied as moot. (Docket Entry No. 9). An order of dismissal is entered separately. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 14 RESPONSE in Opposition to #13 MOTION for Discovery MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction, filed by Schoeller Bleckmann America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(McLaughlin, Scott) |
| Filing 13 MOTION for Discovery, MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction( Motion Docket Date 11/20/2018.) by James Duke VanLue, filed. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order Proposed Order)(Helfand, William) |
| Filing 12 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Motion hearing held on October 22, 2018. The court heard arguments addressing whether the court has subject-matter jurisdiction based on diversity of citizenship. The plaintiff will file a response to the defendant's motion to dismiss under Rule 12(b)(1), (Docket Entry No. 7), that responds to the asserted lack of factual basis for subject-matter jurisdiction, by October 29, 2018. The defendant will reply by November 12, 2018. Appearances: Kent Altsuler/Jason Casell/ Jason Powers for Pltf. and Scott McLaughlin/John Hays.(Court Reporter: K. Miller), filed.(leddins, 4) Modified on 10/24/2018 (leddins, 4). |
| ***Set/Reset Hearings: Motion Hearing set for 10/22/2018 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal (leddins, 4) |
| Filing 11 RESPONSE in Opposition to #9 MOTION for Temporary Restraining Order, filed by Schoeller Bleckmann America, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Proposed Order)(Gibson, Garrett) |
| Filing 10 NOTICE of Appearance by John T. Hays on behalf of Schoeller Bleckmann America, Inc., filed. (Gibson, Garrett) |
| Filing 9 MOTION for Temporary Restraining Order by James Duke VanLue, filed. Motion Docket Date 11/9/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Helfand, William) |
| Filing 8 DEMAND for Trial by Jury by James Duke VanLue, filed.(Helfand, William) |
| Filing 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Schoeller Bleckmann America, Inc., filed. Motion Docket Date 10/30/2018. (Attachments: #1 Affidavit in Support of Defendant Schoeller Bleckmann America, Inc.'s Motion to Dismiss for Lack of Jurisdiction, #2 Proposed Order)(Gibson, Garrett) |
| Filing 6 NOTICE of Appearance by Garrett A. Gibson on behalf of Schoeller Bleckmann America, Inc., filed. (Gibson, Garrett) |
| Filing 5 NOTICE of Appearance by Scott R. McLaughlin on behalf of Schoeller Bleckmann America, Inc., filed. (Gibson, Garrett) |
| Summons Issued as to Schoeller Bleckmann America, Inc.. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4) |
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Filing 4
ORDER on Initial Discovery Protocols re Mandatory Initial Discovery Pilot Project.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Filing 3 Request for Issuance of Summons as to Schoeller Bleckmann America, Inc., filed.(Helfand, William) |
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Filing 2
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 1/25/2019 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Judge's Procedures) Parties notified.(ckrus, 4)
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| Filing 1 COMPLAINT against Schoeller Bleckmann America, Inc. (Filing fee $ 400 receipt number 0541-21020801) filed by James Duke VanLue. (Attachments: #1 Civil Cover Sheet)(Helfand, William) |
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| Defendant: Schoeller Bleckmann America, Inc. | |
| Represented By: | Garrett A. Gibson |
| Represented By: | Scott Robert McLaughlin |
| Represented By: | John Thomas Hays |
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| Plaintiff: James Duke VanLue | |
| Represented By: | William Scott Helfand |
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