Constance Joy II, LLC v. MTU America Inc. et al
| Constance Joy II, LLC |
| MTU America Inc ., and Stewart & Stevenson FDDA LLC a Delaware limited liability company doing business as Florida Detroit Diesel-Allison |
| 4:2020cv02967 |
| August 24, 2020 |
| US District Court for the Southern District of Texas |
| Lynn N Hughes |
| Contract: Marine |
| 28 U.S.C. § 1333 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
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Filing 40
Other EXHIBITS re: #39 Amended Complaint/Counterclaim/Crossclaim etc. by Constance Joy II, LLC, filed.(Shely, John)
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Filing 39
First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Constance Joy II, LLC.(Shely, John)
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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).
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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)
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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)
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Filing 35
NOTICE of Appearance by Briton P. Sparkman on behalf of Stewart & Stevenson FDDA LLC, filed. (Sparkman, Briton)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 28
NOTICE of Withdrawal of Appearance as an Attorney of Record by Manuel Valdes, Esq. by Stewart & Stevenson FDDA LLC, filed. (PatzeltRusso, Melissa)
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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)
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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)
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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)
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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)
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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)
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Filing 22
NOTICE of Appearance by George M. Chalos on behalf of Stewart & Stevenson FDDA LLC, filed. (Chalos, George)
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Filing 21
NOTICE of Appearance by Melissa Patzelt-Russo on behalf of Stewart & Stevenson FDDA LLC, filed. (PatzeltRusso, Melissa)
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Filing 20
NOTICE in a Removed or Transferred Case(Signed by Judge Lynn N Hughes) Parties notified.(mmapps, 4)
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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
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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)
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SYSTEM ENTRY - Case 0:20-cv-61377 electronically transferred out to Texas Western. (mee)
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Filing 17
Joint SCHEDULING REPORT - Rule 26(f) by Constance Joy II, LLC (Attachments: #1 Text of Proposed Order)(Edison, Eric)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 3
NOTICE of Attorney Appearance by Christina McGinley Paul on behalf of MTU America Inc., (Paul, Christina)
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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)
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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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