Lampley et al v. U.S. Department of Transportation
| Theresa Ann Lampley and Reginald James Lampley |
| U.S. Department of Transportation, Chessie Mann Stewart, Jr., Enterprise Car Rentals, Ford Motor Company, Fort Bend County, Texas, The Texas Department of Transportation and EAN Holdings LLC dba Enterprise Rent A Car |
| 4:2022cv00634 |
| February 25, 2022 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| Motor Vehicle |
| 28 U.S.C. § 1346 Tort Claim |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 67
MOTION to Set Aside The Order of February 13, 2023 as to #66 Memorandum and Opinion,,, Order of Remand,, by Reginald James Lampley, Theresa Ann Lampley, filed. Motion Docket Date 4/21/2023. (Davis, Timberly)
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Filing 66
MEMORANDUM OPINION AND ORDER. The Court GRANTS DOT #19 , EAN #32 , and Ft. Bends #43 motions to dismiss. The Court DENIES TxDOTs motion to dismiss #60 ; the claims against TxDOT are REMANDED to the 458th Judicial District Court of Fort Bend County, Texas. The Court declines to exercise supplemental jurisdiction over the remaining claims against Chessie Mann Stewart, Jr. (Stewart) and the Ford Motor Company (Ford). Those claims are REMANDED to the 458th Judicial District Court of Fort Bend County, Texas. Case terminated on 2/13/2023. (Signed by Judge George C Hanks, Jr) Parties notified. (bthomas, 4)
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Filing 65
Rule 11 on Plaintiff's Second Request for Production by Fort Bend County, Texas, filed.(LeVert, Katrina)
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Filing 64
DESIGNATION OF EXPERT WITNESS LIST by Ford Motor Company, filed.(Bullion, Deborah)
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Filing 63
ORDER Striking Document re: #62 Motion to Compel filed by Theresa Ann Lampley, Reginald James Lampley. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 62
MOTION to Compel Defendant USDOT to Produce by Reginald James Lampley, Theresa Ann Lampley, filed. Motion Docket Date 11/28/2022. (Attachments: #1 Proposed Order, #2 Proposed Order)(Davis, Timberly)
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Filing 61
CERTIFICATE OF SERVICE by Reginald James Lampley, Theresa Ann Lampley, filed. (Attachments: #1 Certificate of Service)(Davis, Timberly)
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Filing 60
MOTION to Dismiss by The Texas Department of Transportation, filed. Motion Docket Date 9/22/2022. (Krawczyk, Donna)
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Filing 59
CERTIFICATE OF SERVICE of #58 Acknowledgment of Service by Reginald James Lampley, Theresa Ann Lampley, filed.(Davis, Timberly)
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Filing 58
ACKNOWLEDGMENT OF SERVICE by Reginald James Lampley, Theresa Ann Lampley on August 30, 2022 re: Request for Production, filed.(Davis, Timberly)
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Filing 57
CERTIFICATE OF SERVICE of #56 Acknowledgment of Service by Reginald James Lampley, Theresa Ann Lampley, filed.(Davis, Timberly)
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Filing 56
ACKNOWLEDGMENT OF SERVICE by Reginald James Lampley, Theresa Ann Lampley on August 30, 2022 re: Second Request for Production, filed.(Davis, Timberly)
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Filing 55
ACKNOWLEDGMENT OF SERVICE by Reginald James Lampley, Theresa Ann Lampley on August 30, 2022 re: Request for Production, filed.(Davis, Timberly)
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Filing 54
CERTIFICATE OF SERVICE by Reginald James Lampley, Theresa Ann Lampley, filed.(Davis, Timberly)
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Filing 53
ORDER granting #46 Request for Pre-Motion Conference. The Texas Department of Transportations to file a motion to dismiss by August 5, 2022. Plaintiff Theresa Lampleys response is due within 21 days of Texas Department of Transportations filing of the motion to dismiss. Texas Department of Transportations reply brief is due within 7 days of Theresa Lampleys filing of her response, and no sur replies unless leave granted by the Court. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 52
CLERKS NOTICE OF CANCELLATION. The Pre-Motion Conference set for 7/15/2022 at 9:30 a.m. is CANCELED. Parties notified, filed. (bthomas, 4)
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Filing 51
RESPONSE to #43 MOTION to Dismiss filed by Reginald James Lampley, Theresa Ann Lampley. (Davis, Timberly)
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Filing 50
NOTICE of Resetting re: #46 First REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 7/15/2022 at 09:30 AM by video before Judge George C Hanks Jr, filed. (bthomas, 4)
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Filing 49
CLERKS NOTICE OF CANCELLATION. The Pre-Motion Conference set for 6/29/2022 at 10:30 a.m. is CANCELED. Parties notified, filed. (bthomas, 4)
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Filing 48
Second REPLY in Support of #19 MOTION to Dismiss , filed by U.S. Department of Transportation. (Siddiqui, Myra)
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Filing 47
NOTICE of Setting re: #46 First REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 6/29/2022 at 10:30 AM by video before Judge George C Hanks Jr, filed. (bthomas, 4)
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Filing 46
First REQUEST for pre-motion conference, filed.(Graham, Taylor)
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Filing 45
DOCKET CONTROL ORDER. ETT: 8 days. Jury. Pltf Expert Witness List due by 10/14/2022. Pltf Expert Report due by 10/14/2022. Deft Expert Witness List due by 11/18/2022. Deft Expert Report due by 11/18/2022. Discovery due by 2/17/2023. Dispositive Motion Filing due by 2/24/2023. Non-Dispositive Motion Filing due by 4/14/2023. Joint Pretrial Order and Motions in Limine due by 6/2/2023. Docket Call set for 6/9/2023 at 03:00 PM in Courtroom 600 in Houston before Judge George C Hanks Jr(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on June 22, 2022. Initial Conference held. Docket Control Order to be entered. Appearances: Timberly Davis and Craig Washington for Plaintiff, Francisco Escobar-Calderon for Enterprise Care Rental, Debra Bullion for Ford Motor, Katrina LeVert Fort Bend, Taylor Graham for Texas Dept of Transportation, Mayra Siddiqui for US Dept of Transportation, James Boarnerges for Chessie Mann Stewart Jr. (Court Reporter: L. Wells). (rcastro, 4)
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Filing 44
REPLY to #28 Reply in Support of Motion To Dismiss Amended Complaint, filed by Reginald James Lampley, Theresa Ann Lampley. (Davis, Timberly)
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Filing 43
MOTION to Dismiss by Fort Bend County, Texas, filed. Motion Docket Date 7/8/2022. (Attachments: #1 Exhibit Exhibit A: Affidavit, #2 Proposed Order Order of Dismissal)(LeVert, Katrina)
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Filing 42
INITIAL DISCLOSURES by Ford Motor Company, filed.(Bullion, Deborah)
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Filing 41
Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 6/10/2022 #20 MOTION for Default Judgment against Chessie Mann Stewart, Jr.. 1. Pre-motion Conference was held regarding Defendant Fort Bend CountysLetter request for Pre-motion Conference. (Dkt. 31). 2. Defendant Fort Bend County will file Motion to Dismiss no later than June17th, with Plaintiffs response due within 21 days of Defendants filing ofMotion to Dismiss, and replies due seven days after Plaintiffs filing ofresponse. 3. No sur replies unless permission is given by the Court. 4. Discovery Hearing was held regarding Defendants Joint Letter RegardingDiscovery Dispute. (Dkt. 36). 5. Plaintiffs Second Response to Motion in Dkt. 19 is due Monday, June 20th,2022. Defendants reply is due seven days after Plaintiffs filing of response. 6. Motion for Default Judgment (Dkt. 20) is DENIED as MOOT. Appearances: Francisco J. Escobar-Calderon, Deborah Jean Bullion, Katrina Lyn LeVert, Craig A Washington, James Boanerges, I, Taylor Jans Graham, Myra Farah Siddiqui.(ERO: yes), Law Clerk: M. Mitchell, filed.(olindor, 4)
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Filing 40
Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Ford Motor Company, filed. (Attachments: #1 Exhibit Exhibit A)(Bullion, Deborah)
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Filing 39
CERTIFICATE OF INTERESTED PARTIES by Fort Bend County, Texas, filed.(LeVert, Katrina)
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Filing 38
ORDER granting #35 Unopposed MOTION for Taylor J. Graham to Appear Pro Hac Vice (Signed by Judge George C Hanks, Jr) Parties notified.(olindor, 4)
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Filing 37
NOTICE of Setting re: #36 NOTICE of Joint Letter Regarding Discovery Dispute. Parties notified. Discovery Hearing set for 6/10/2022 at 10:30 AM by video before Judge George C Hanks Jr, filed. (jegonzalez, 4)
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Filing 36
NOTICE of Joint Letter Regarding Discovery Dispute by U.S. Department of Transportation, filed. (Attachments: #1 Exhibit, #2 Exhibit)(Siddiqui, Myra)
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Filing 35
Unopposed MOTION for Taylor J. Graham to Appear Pro Hac Vice by The Texas Department of Transportation, filed. Motion Docket Date 6/24/2022. (Graham, Taylor)
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Filing 34
ORDER granting #29 Motion for Extension of Time to Respond. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 33
NOTICE of Setting re: #31 Pre-Motion Conference Letter. Parties notified. Pre-Motion Conference set for 6/10/2022 at 10:30 AM by video before Judge George C Hanks Jr, filed. Join ZoomGov Meeting: https://www.zoomgov.com/j/1603321712?pwd=eEJ0aitDTExWT2g3cDhQeGVselVTdz09; Meeting ID: 160 332 1712; Passcode: 412286; Dial-in: 1-669-254-5252. (bthomas, 4)
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Filing 32
MOTION to Dismiss by EAN Holdings LLC dba Enterprise Rent A Car, filed. Motion Docket Date 6/17/2022. (Attachments: #1 Proposed Order Proposed Order)(Tipps, Peter)
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Filing 31
Pre-Motion Conference Letter by Fort Bend County, Texas by Fort Bend County, Texas, filed.(LeVert, Katrina)
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Filing 30
NOTICE of Certificate of Discovery by Reginald James Lampley, Theresa Ann Lampley, filed. (Davis, Timberly)
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Filing 29
MOTION for Extension of Time Deadline to File Response to Defendant USDOT's Reply to Plaintiffs' Amended Complaint by Reginald James Lampley, Theresa Ann Lampley, filed. Motion Docket Date 6/15/2022. (Attachments: #1 Proposed Order, #2 Affidavit)(Davis, Timberly)
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Filing 28
REPLY in Support of #19 MOTION to Dismiss , filed by U.S. Department of Transportation. (Siddiqui, Myra)
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Filing 27
NOTICE of attorney substitution by The Texas Department of Transportation. Attorney Donna Krawczyk added, filed. (Mitchell, Lisa)
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Filing 26
RESPONSE to #19 MOTION to Dismiss filed by Reginald James Lampley, Theresa Ann Lampley. (Davis, Timberly)
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Filing 25
CORPORATE DISCLOSURE STATEMENT by Ford Motor Company, filed.(Bullion, Deborah)
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Filing 24
Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 5/12/2022 1. Pre-motion Conference was held regarding Defendant EAN Holdings LLCs request for Pre-motion Conference. Dkt. #18 . 2. Plaintiffs will file amended complaint by Friday May 20, 2022 if desired. Defendant EAN Holdings LLC will file Motion to Dismiss within seven days of amended complaint, with Plaintiffs response due within 21 days of Defendants filing of Motion to Dismiss, and replies due seven days after Plaintiffs filing of response. 3. No sur replies unless permission is given by the Court. 4. Defendant, Fort Bend County, Texas will file answer to amended complaint. Appearances: Craig A Washington, James Boanerges, I, Francisco J. Escobar-Calderon, Peter Conger Tipps, Myra Farah Siddiqui, Kevin Hedges.(ERO: yes), filed. (bthomas, 4)
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Filing 23
CERTIFICATE OF INTERESTED PARTIES by Chessie Mann Stewart, Jr., filed.(Boanerges, James)
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Filing 22
NOTICE of Setting re: #18 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 5/12/2022 at 10:30 AM by video before Judge George C Hanks Jr, filed. (bthomas, 4)
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Filing 21
ANSWER to #17 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Chessie Mann Stewart, Jr., filed.(Boanerges, James)
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Filing 20
MOTION for Default Judgment against Chessie Mann Stewart, Jr. by Reginald James Lampley, Theresa Ann Lampley, filed. Motion Docket Date 5/17/2022. (Attachments: #1 Proposed Order Order for Judgement by Default)(Davis, Timberly)
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Filing 19
MOTION to Dismiss by U.S. Department of Transportation, filed. Motion Docket Date 5/13/2022. (Attachments: #1 Appendix, #2 Exhibit A, #3 Proposed Order)(Siddiqui, Myra)
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Filing 18
REQUEST for pre-motion conference, filed.(Escobar-Calderon, Francisco)
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Filing 17
AMENDED COMPLAINT with Jury Demand against All Defendants filed by Reginald James Lampley, Theresa Ann Lampley.(Davis, Timberly)
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Filing 16
Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 4/6/2022. At the hearing, the following rulings were made as stated on the record: 1. Pre-motion Conference was held regarding Defendant U.S. Department of Transportations request for Pre-motion Conference. Dkt. #12 . 2. Plaintiff Theresa Lampley will file her amended complaint no later than Friday, April 15, 2022. Defendant U.S. Department of Transportation will file its Motion to Dismiss within seven days of Lampleys amended complaint, with Plaintiffs response due within 21 days of Defendants filing of Motion to Dismiss, and replies due seven days after Plaintiffs filing of response. 3. No sur replies unless permission is given by the Court. 4. The Motion to Replead Amended Complaint Dkt. #9 and Amended Motion to Replead Dkt. #15 are DENIED as MOOT in light of the Courts deadlines presented above. Appearances: Timberly Jamal Davis, Francisco Escobar-Calderon, Myra Siddiqui. (ERO: yes), filed. (bthomas, 4)
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Filing 15
AMENDED MOTION to Replead by Filing Their Third Amended Complaint by Reginald James Lampley, Theresa Ann Lampley, filed. Motion Docket Date 4/22/2022. (Attachments: #1 Proposed Order Amended Order to Replead Amended Complaint)(Davis, Timberly) .
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Filing 14
RETURN of Service of SUMMONS Executed as to Chessie Mann Stewart, Jr. served on 3/22/2022, answer due 4/12/2022, filed.(thanniable, 4)
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Filing 13
NOTICE of Setting re: #12 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 4/6/2022 at 02:00 PM by video before Judge George C Hanks Jr, filed. Join ZoomGov Meeting:https://www.zoomgov.com/j/1603550134?pwd=Vk9TaUc0QXdjbG1tUGtCVzhhN1BJUT09; Meeting ID: 160 355 0134; Passcode: 603412; Dial-in: 1-669-254-5252. (bthomas, 4)
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Filing 12
REQUEST for pre-motion conference, filed.(Siddiqui, Myra)
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The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4)
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Filing 11
CERTIFICATE OF INTERESTED PARTIES by Enterprise Car Rentals, filed. (Attachments: #1 Enterprise Car Rentals' Plea in Abatement)(Tipps, Peter)
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Filing 10
NOTICE of Appearance by Peter Tipps, Reagan Brown, Francisco Escobar-Calderon on behalf of Enterprise Car Rentals, filed. (Tipps, Peter)
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Filing 9
MOTION to Replead Amended Complaint by Reginald James Lampley, Theresa Ann Lampley, filed. Motion Docket Date 4/4/2022. (Attachments: #1 Proposed Order Order to Replead Amended Complaint)(Davis, Timberly)
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Filing 8
CERTIFICATE OF INTERESTED PARTIES by Reginald James Lampley, Theresa Ann Lampley, filed.(Davis, Timberly)
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Filing 7
Summons Issued as to Chessie Mann Stewart, Jr.. Issued summons delivered to plaintiff by NEF, filed. (BrandisIsom, 4)
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Filing 6
Request for Issuance of Summons as to Chessie Mann Stewart, Jr., filed. (Attachments: #1 Complaint Amended Petition, #2 Order for Conference)(Davis, Timberly)
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Filing 5
ORDER granting #2 Unopposed MOTION TO SET DEFENDANTS RESPONSIVE PLEADING DEADLINE. (Answer due 3/27/2022 for U.S. Department of Transportation). (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 4
CLERKS NOTICE of Filing Fee Due. Parties notified. (RachelWillborg, 4)
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/22/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RachelWillborg, 4)
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Filing 2
Unopposed MOTION TO SET DEFENDANTS RESPONSIVE PLEADING DEADLINE by U.S. Department of Transportation, filed. Motion Docket Date 3/18/2022. (Siddiqui, Myra) (Additional attachment(s) added on 3/1/2022: #1 Proposed Order) (bthomas, 4).
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Filing 1
NOTICE OF REMOVAL from 458th Judicial District Court of Fort Bend County, Texas, case number 21-DCV-289181 () filed by U.S. Department of Transportation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Siddiqui, Myra)
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