Ian Heatley et al v. Cavalier Homes, Inc. et al
| Ian Heatley and Diane Heatley |
| Cavalier Homes, Inc., Tiny Homes of Texas, Inc., Roadmasters Transport Company, LLC, 21st Mortgage Corporation, BENNETT TRUCK TRANSPORT, LLC and Little Homes of Texas, Inc. |
| 4:2021cv02939 |
| September 9, 2021 |
| US District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Contract: Other |
| 15 U.S.C. § 2301 |
| Defendant |
Docket Report
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This docket was last retrieved on November 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 32 NOTICE of Resetting. Parties notified. Initial Conference reset for 1/28/2022 at 11:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. NOTE: The reset is based on notice from counsel that they are attempting to resolve the case. (leddins, 4) |
| Filing 31 ANSWER to #1 Complaint, CROSSCLAIM against BENNETT TRUCK TRANSPORT, LLC, Little Homes of Texas, Inc. by Cavalier Homes, Inc., filed.(Wells, Douglas) |
| Filing 30 Summons Issued as to Little Homes of Texas, Inc.. Issued summons delivered to plaintiff by NEF, filed.(RachelSalazar, 4) |
| Filing 29 Request for Issuance of Summons as to Diane Heatley, Ian Heatley, filed.(Dalton, Richard) |
| Filing 28 NOTICE of Resetting. Parties notified. Initial Conference reset for 11/18/2021 at 09:10 AM in by video before Chief Judge Lee H Rosenthal, filed. A zoom link will be provided. (leddins, 4) |
| Filing 27 ANSWER to #1 Complaint with Jury Demand by 21st Mortgage Corporation, filed.(Seelhoff, Scott) |
Filing 26
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 11/22/2021 at 10:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal( Chief Judge Lee H Rosenthal) (Attachments: #1 Judge's Procedures) Parties notified.(BrendaLacy, 4)
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| Filing 25 Case transferred in from California Central. Case Number 2:21-cv-04581; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 24
MINUTES (IN CHAMBERS) Order Re: Defendant Bennett Truck Transport LLC's Motion to Dismiss for Improper Venue, or in the Alternative Transfer Venue, and Failure to State a Claim [DE #20 ] by Judge R. Gary Klausner: the Court GRANTS Defendant Bennet Truck Transport, LLC's Motion in part, and TRANSFERS this action to the United States District Court for the Southern District of Texas. Case transferred electronically. (MD JS-6. Case Terminated.) (jp)
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Filing 23
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Bennett Truck Transport, LLC's Motion to Dismiss Amended Complaint or in the Alternative, to Change Venue #20 , calendared for hearing on August 23, 2021 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The court will review the matter without hearing any further arguments in person or on paper. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 22 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case Or, in the alternative to change venue #10 filed by Defendant Bennett Truck Transport, LLC. (Childers, Bradley) |
| Filing 21 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT, OR, IN THE ALTERNATIVE TO TRANSFER VENUE OF THIS ACTION #20 filed by Plaintiffs Diane Heatley, Ian Heatley. (Dalton, Richard) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT, OR, IN THE ALTERNATIVE TO TRANSFER VENUE OF THIS ACTION filed by Defendant Bennett Truck Transport, LLC. Motion set for hearing on 8/23/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Bradley P. Childers, #2 Declaration of Grant R. Brooker, #3 Proposed Order) (Childers, Bradley) |
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Filing 19
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. According to court records, on July 16, 2021, plaintiff(s) filed a First Amended Complaint #17 . Therefore, defendant's Motion to Dismiss #10 , calendared for hearing on August 2, 2021, is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 18 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Or, in the alternative to change venue #10 filed by Plaintiffs Diane Heatley, Ian Heatley. (Dalton, Richard) |
| Filing 17 FIRST AMENDED COMPLAINT against DEFENDANTS All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by PLAINTIFFS Ian Heatley, Diane Heatley(Dalton, Richard) |
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Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 9/27/2021. Scheduling Conference set for 10/4/2021 at 9:00 am. (sw)
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Filing 15
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Bennett Truck Transport LLC's Motion to Dismiss Case #10 , IS HEREBY CONTINUED TO 08/02/2021 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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Filing 14
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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| Filing 13 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Steve Kim to Judge R. Gary Klausner for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Paul L. Abrams. The case number will now reflect the initials of the transferee Judges 2:21-cv-04581 RGK(PLAx). (rn) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by PLAINTIFFS Ian Heatley, Diane Heatley. upon Cavalier Homes, Inc. waiver sent by Plaintiff on 6/23/2021, answer due 8/23/2021. Waiver of Service signed by Judy M. Lam. (Dalton, Richard) |
| Filing 11 STATEMENT OF CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE filed by Plaintiffs Diane Heatley, Ian Heatley (Dalton, Richard) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case Or, in the alternative to change venue filed by Defendant BENNETT TRUCK TRANSPORT, LLC. Motion set for hearing on 7/28/2021 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Declaration of Bradley P. Childers, #2 Declaration of Grant R. Booker, #3 Proposed Order) (Childers, Bradley) |
| Filing 9 STATEMENT OF CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE filed by Movant BENNETT TRUCK TRANSPORT, LLC re: Notice of Appearance or Withdrawal of Counsel (G-123), #7 , Certificate/Notice of Interested Parties #8 . (Childers, Bradley) |
| Filing 8 NOTICE of Interested Parties filed by Defendant BENNETT TRUCK TRANSPORT, LLC, identifying AIG Insurance Company. (Childers, Bradley) |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Bradley P Childers counsel for Movant BENNETT TRUCK TRANSPORT, LLC. Adding Bradley P. Childers as counsel of record for BENNETT TRUCK TRANSPORT, LLC for the reason indicated in the G-123 Notice. Filed by Defendant BENNETT TRUCK TRANSPORT, LLC. (Attorney Bradley P Childers added to party BENNETT TRUCK TRANSPORT, LLC(pty:bkmov))(Childers, Bradley) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants 21st Mortgage Corporation, Cavalier Homes, Inc., Roadmasters Transport Company, LLC, and Tiny Homes of Texas, Inc. (jtil) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Steve Kim. (Attachments: #1 CV11C) (jtil) |
| Filing 4 CERTIFICATION OR NOTICE of Interested Parties filed by Plaintiffs Diane Heatley, Ian Heatley, identifying CAVALIER HOMES, INC.; LITTLE HOMES OF TEXAS, INC.; ROADMASTERS TRANSPORT COMPANY, LLC and 21ST MORTGAGE CORPORATION. (Dalton, Richard) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by PLAINTIFFS Diane Heatley, Ian Heatley. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Dalton, Richard) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Diane Heatley, Ian Heatley. (Dalton, Richard) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31402301 - Fee: $402, filed by PLAINTIFFS Ian Heatley, Diane Heatley. (Attorney Richard C Dalton added to party Diane Heatley(pty:pla), Attorney Richard C Dalton added to party Ian Heatley(pty:pla))(Dalton, Richard) |
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