Constance Joy II, LLC v. MTU America Inc. et al
Plaintiff: Constance Joy II, LLC
Defendant: MTU America Inc ., and Stewart & Stevenson FDDA LLC a Delaware limited liability company doing business as Florida Detroit Diesel-Allison
Case Number: 4:2020cv02967
Filed: August 24, 2020
Court: US District Court for the Southern District of Texas
Presiding Judge: Lynn N Hughes
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. ยง 1333
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Opinion or Order Filing 40 Other EXHIBITS re: #39 Amended Complaint/Counterclaim/Crossclaim etc. by Constance Joy II, LLC, filed.(Shely, John)
October 14, 2020 Opinion or Order Filing 39 First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Constance Joy II, LLC.(Shely, John)
October 14, 2020 Opinion or Order Filing 38 Docketed in Error - First AMENDED COMPLAINT with Jury Demand against Constance Joy II, LLC filed by Constance Joy II, LLC.(Shely, John) Modified on 10/14/2020 (hlerma, 4).
September 23, 2020 Opinion or Order Filing 37 ORDER to Amend and Disclose. By 10/14/2020, Constance Joy II may amend its complaint. By 11/4/2020, MTU America and Stewart & Stevenson FDDA may respond. By 10/14/2020, Constance Joy II must disclose the data for the calculation of damages beyond the cost of the repairs. Internal review set for 11/9/2020. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
September 23, 2020 Opinion or Order Filing 36 Minute Entry for INITIAL CONFERENCE held before Judge Lynn N Hughes on 9/23/2020. Order to be entered. Appearances: John Shely, Kelsey Hope, Roderick Hatch, Briton Sparkman. (Court Reporter: G. Dye) (ghassan, 4)
September 21, 2020 Opinion or Order Filing 35 NOTICE of Appearance by Briton P. Sparkman on behalf of Stewart & Stevenson FDDA LLC, filed. (Sparkman, Briton)
September 18, 2020 Opinion or Order Filing 34 NOTICE of Appearance by John B. Shely, Dimitri Zgourides, and Kelsey J. Hope on behalf of Constance Joy II, LLC, filed. (Shely, John)
September 10, 2020 Opinion or Order Filing 33 ORDER granting #24 Motion for Christina M. Paul to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
September 10, 2020 Opinion or Order Filing 32 ORDER granting #23 Motion for Joshua C. Carpenter to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
September 10, 2020 Opinion or Order Filing 31 Order: Initial Conference set for 9/23/2020 at 03:00 PM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
September 4, 2020 Opinion or Order Filing 30 Extension ORDER. By 9/28/2020, Stewart & Stevenson FDDA must respond to the complaint #29 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
September 4, 2020 Opinion or Order Filing 29 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint by Stewart & Stevenson FDDA LLC, filed. Motion Docket Date 9/25/2020. (Attachments: #1 Proposed Order)(PatzeltRusso, Melissa)
September 4, 2020 Opinion or Order Filing 28 NOTICE of Withdrawal of Appearance as an Attorney of Record by Manuel Valdes, Esq. by Stewart & Stevenson FDDA LLC, filed. (PatzeltRusso, Melissa)
September 4, 2020 Opinion or Order Filing 27 NOTICE of Withdrawal of Appearance as an Attorney of Record by Michelle Otero Valdes, Esq. by Stewart & Stevenson FDDA LLC, filed. (PatzeltRusso, Melissa)
September 3, 2020 Opinion or Order Filing 26 Extension ORDER granting #25 Motion for Extension of Time; Answer to complaint due for MTU America Inc., 9/28/2020.(Signed by Judge Lynn N Hughes) Parties notified.(ckrus, 4)
September 1, 2020 Opinion or Order Filing 25 Unopposed MOTION for Extension of Time To Respond to Plaintiff's Complaint by MTU America Inc.,, filed. Motion Docket Date 9/22/2020. (Attachments: #1 Proposed Order Proposed Order Granting Defendant MTU America, Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint)(Hatch, Roderick)
September 1, 2020 Opinion or Order Filing 24 MOTION for Christina M. Paul to Appear Pro Hac Vice by MTU America Inc.,, filed. Motion Docket Date 9/22/2020. (Hatch, Roderick)
September 1, 2020 Opinion or Order Filing 23 MOTION for Joshua C. Carpenter to Appear Pro Hac Vice by MTU America Inc.,, filed. Motion Docket Date 9/22/2020. (Hatch, Roderick)
August 31, 2020 Opinion or Order Filing 22 NOTICE of Appearance by George M. Chalos on behalf of Stewart & Stevenson FDDA LLC, filed. (Chalos, George)
August 31, 2020 Opinion or Order Filing 21 NOTICE of Appearance by Melissa Patzelt-Russo on behalf of Stewart & Stevenson FDDA LLC, filed. (PatzeltRusso, Melissa)
August 24, 2020 Opinion or Order Filing 20 NOTICE in a Removed or Transferred Case(Signed by Judge Lynn N Hughes) Parties notified.(mmapps, 4)
August 24, 2020 Opinion or Order Filing 19 Case transferred in from Florida Southern. Case Number 0:20-cv-61377; certified copy of transfer order, certified docket sheet, and transfer letter received
August 24, 2020 Opinion or Order Filing 18 ORDER DENYING DEFENDANT MTUs MOTION TO DISMISS AND TRANSFERRING CASE PURSUANT TO DEFENDANT FDDAS MOTION TO DISMISS FOR IMPROPER VENUE. Signed by Judge Ursula Ungaro on 8/24/2020. See attached document for full details. (mee)
August 24, 2020 Opinion or Order SYSTEM ENTRY - Case 0:20-cv-61377 electronically transferred out to Texas Western. (mee)
August 21, 2020 Opinion or Order Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by Constance Joy II, LLC (Attachments: #1 Text of Proposed Order)(Edison, Eric)
August 20, 2020 Opinion or Order Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Constance Joy II, LLC. Stewart & Stevenson FDDA LLC served on 6/11/2020, answer due 7/2/2020. (Edison, Eric)
August 20, 2020 Opinion or Order Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Constance Joy II, LLC. MTU America Inc., served on 6/11/2020, answer due 7/2/2020. (Edison, Eric)
August 12, 2020 Opinion or Order Filing 14 REPLY to #1 Notice of Removal (State Court Complaint),, Reply Memorandum in Further Support of Motion to Dismiss [which was filed in State Court and contained as an Exhibit to the Notice of Removal] by Stewart & Stevenson FDDA LLC. (Valdes, Michelle)
August 5, 2020 Opinion or Order Filing 13 ORDER GRANTING DEFENDANTS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF ITS MOTION TO DISMISS,granting #11 Motion for Extension of Time to File Response/Reply to Motion. Re: #12 Response/Reply (Other), filed by MTU America Inc. The Defendant shall have up to and including August 12, 2020 to file its Reply. Signed by Judge Ursula Ungaro on 8/5/2020. See attached document for full details. (mee)
August 5, 2020 Opinion or Order Filing 12 REPLY to #1 Notice of Removal (State Court Complaint),, Reply in Support of its Motion to Dismiss Plaintiff's Complaint [which was filed in State Court and contained as an Exhibit to the Notice of Removal] by MTU America Inc.,. (Paul, Christina)
August 5, 2020 Opinion or Order Filing 11 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #10 Response to Motion, by Stewart & Stevenson FDDA LLC. (Attachments: #1 Text of Proposed Order 1)(Valdes, Michelle)
July 29, 2020 Opinion or Order Filing 10 RESPONSE to Motion re #8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Order, filed by Constance Joy II, LLC. Replies due by 8/5/2020. (Attachments: #1 Affidavit Affidavit in Support of Response in Opposition to Motions to Dismiss)(Edison, Eric)
July 21, 2020 Opinion or Order Filing 9 ORDER, granting #8 Motion for Extension of Time to File. Plaintiff SHALL file its memoranda in opposition to the pending motions to dismiss (D.E. 1-2; D.E. 1-3) on or before July 29, 2020. No further extensions of time will be granted. Signed by Judge Ursula Ungaro on 7/21/2020. See attached document for full details. (mee)
July 20, 2020 Opinion or Order Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Order, by Constance Joy II, LLC. (Attachments: #1 Text of Proposed Order)(Edison, Eric)
July 10, 2020 Opinion or Order Filing 7 NOTICE of Attorney Appearance by Manuel Francisco Valdes on behalf of Stewart & Stevenson FDDA LLC. Attorney Manuel Francisco Valdes added to party Stewart & Stevenson FDDA LLC(pty:dft). (Valdes, Manuel)
July 10, 2020 Opinion or Order Filing 6 ORDER. Plaintiff SHALL file its memoranda in opposition to the pending motions to dismiss (D.E. 1-2; D.E. 1-3) on or before July 22, 2020. Plaintiffs pending Motion to Transfer/Reassign Pending Case to Complex Business Division (D.E. 1-4) is DENIED AS MOOT. Signed by Judge Ursula Ungaro on 7/10/2020. See attached document for full details. (mee)
July 10, 2020 Opinion or Order Filing 5 ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE. Initial Planning and Scheduling Conference set for 9/4/2020 at 10:30 AM in Miami Division before Judge Ursula Ungaro. Joint Planning and Scheduling Report due by 8/21/2020. Signed by Judge Ursula Ungaro on 7/10/2020. See attached document for full details. (mee)
July 10, 2020 Opinion or Order Filing 4 STANDING ORDER ON ZOOM AND OTHER VIDEO-CONFERENCE HEARINGS. Signed by Judge Ursula Ungaro on 7/10/2020. See attached document for full details. (mee)
July 9, 2020 Opinion or Order Filing 3 NOTICE of Attorney Appearance by Christina McGinley Paul on behalf of MTU America Inc., (Paul, Christina)
July 8, 2020 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mee)
July 8, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Constance Joy II, LLC a Delaware Limited Liability Company v. MTU America Inc., a Michigan Corporation and Stewart & Stevenson FDDA LLC, a Delaware Limited Liability Company d/b/a Florida Detroit Diesel-Allision) Filing fee $ 400.00 receipt number AFLSDC-13149508,(motion to dismiss filed) filed by Stewart & Stevenson FDDA LLC d/b/a Florida Detroit Diesel-Allision. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Valdes, Michelle)Text Modified on 7/9/2020 (mee).

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Defendant: MTU America Inc .,
Represented By: Christina McGinley Paul
Represented By: Joshua Conrad Carpenter
Represented By: Roderick Paul Hatch
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Defendant: Stewart & Stevenson FDDA LLC a Delaware limited liability company doing business as Florida Detroit Diesel-Allison
Represented By: Michelle Otero Valdes
Represented By: Manuel Francisco Valdes
Represented By: Briton Paul Sparkman
Represented By: Melissa Danielle PatzeltRusso
Represented By: George M Chalos
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Plaintiff: Constance Joy II, LLC
Represented By: Glenn Jerrold Waldman
Represented By: Mark Howard Hildebrandt
Represented By: Jessica Lee Hildebrandt
Represented By: Eric Corey Edison
Represented By: Dimitri Dean Zgourides
Represented By: John Bruce Shely
Represented By: Kelsey Jenae Hope
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