Volkswagen of America, Inc. v. DeMontrond, III et al
Volkswagen of America, Inc. |
George A. DeMontrond, III, Demontrond Buick Company doing business as DeMontrond Automotive Group, Inc. and Demontrond Auto Country, Inc. doing business as DeMontrond Volkswagen of Conroe |
4:2022cv01234 |
April 18, 2022 |
US District Court for the Southern District of Texas |
Sim Lake |
Other Statutory Actions |
28 U.S.C. § 1332 Diversity-Contract Dispute |
None |
Docket Report
This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 20 AO 435 TRANSCRIPT REQUEST by Defendant/William S. Bush for Transcript of 05/18/2022. 3-Day turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Bush, William) Electronically forwarded to Veritext Legal Solutions on 6/16/2022. Estimated completion date: 6/19/2022. Modified on 6/16/2022 (RachelWillborg, 4). Transcript request cancelled per the ordering party on 6/16/2022. Modified on 6/16/2022 (RachelWillborg, 4). |
Filing 19 ORDER - On May 18, 2022, the Magistrate Judge conducted a settlement conference in this action and has now notified this Court that the parties reached a settlement. Accordingly, this action is DISMISSED without prejudice to the right of counsel to move for reinstatement within thirty (30) days of entry of this order on presentation of adequate proof that the settlement could not be consummated. All motions currently pending are DENIED without prejudice...*** Case terminated on 5/19/22. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
Filing 18 ADVISORY by George A. DeMontrond, III, filed.(Bush, William) |
Filing 17 ADVISORY by Volkswagen of America, Inc., filed.(Donley, Billy) |
Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. SETTLEMENT CONFERENCE held on 5/18/2022. Parties reached a settlement agreement. Appearances: William S Bush, Jr, Bien C. Tran, Billy Martin Donley, James Keith Russell, Bradley K Jones.(ERO:yes), filed.(MelissaMorgan, 4) |
Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. CONFIDENTIAL Pre Mediation TELEPHONE CONFERENCE held on 5/17/2022. Appearances: Bien C. Tran, Billy Martin Donley., filed.(MelissaMorgan, 4) |
Filing 16 REPLY to Response to #7 MOTION to Dismiss, filed by George A. DeMontrond, III, Demontrond Auto Country, Inc., Demontrond Buick Company. (Bush, William) |
Filing 15 ANSWER to #1 Complaint by George A. DeMontrond, III, filed.(Bush, William) |
Filing 14 PROPOSED ORDER Denying Defendants' Motion to Dismiss re: #13 Response in Opposition to Motion, filed.(Donley, Billy) |
Filing 13 RESPONSE in Opposition to #7 MOTION to Dismiss, filed by Volkswagen of America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit B)(Donley, Billy) |
initial filing fee Filing fee: $402.00 re: #1 Complaint, receipt number HOU108729, filed. (jdav, 4) |
Filing 12 CLERKS NOTICE of Filing Fee Due. Parties notified, filed. (ltien, 4) |
Filing fee assessed re: #1 Complaint (Filing fee $ 402). (ltien, 4) |
Filing 11 ORDER. Settlement Conference set for 5/18/2022 at 01:00 PM in Courtroom 701 before Magistrate Judge Christina A Bryan. Confidential Pre- Mediation Telephone Conference set for 5/17/2022 at 04:00 PM by telephone before Magistrate Judge Christina A Bryan. Confidential Settlement Statements are due by email on 5/11/2022 at 12:00 PM. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) |
Filing 10 WAIVER OF SERVICE Returned Executed as to All Defendants, filed.(Donley, Billy) |
Filing 9 MINUTE ENTRY ORDER: Status and Scheduling Conference held on 4/16/22 before Judge Sim Lake: Appearances: Bien C. Tran, Billy Martin Donley, James Keith Russell, Bradley K Jones. Ct Reporter: N. Forrest. Plaintiff has until Friday, April 29, 2022, to amend pleadings. Defendants have until the following Monday, May 2, 2022, to amend their motion to dismiss. Plaintiff's Motion to Seal (Docket Entry No. 1-2) is DENIED. Thecase is unsealed. Plaintiff's Emergency Motion for a Temporary Restraining Order(Docket Entry No. 2) is DENIED. The hearing on Plaintiff's request for a preliminary injunction will be consolidated with the trial on the merits. By May 3, 2022, each party may propound the following written discovery: 10 interrogatories, including subparts; 10 requests for admissions; 5 requests for production, including subparts. By May 13, 2022, each party will respond. Parties will mediate before magistrate Judge Bryan on May 18, 2022. If the case does not settle, each side will be allowed to take two depositions, limited to two hours each, by June 17th. By then the court will rule on the motion to dismiss. Trial will be held on July 11, 2022, at 1:00 PM. Exhibit lists, copies of exhibits, and witness lists will be filed and delivered to chambers by July 1, 2022. There will be no motions for summary judgment, 12(b)(6) or 12(c) motions, or Daubert motions. If this is a jury trial, the jury charge and motions in limine will be due by July 1, 2022, and copies will be delivered to chambers. Responses to motions in limine are due by July 6, 2022. If it is a non-jury trial, the proposed findings of fact and conclusions of law will be due by July 1, 2022, and copies will be delivered to chambers. (Mediation due by 5/18/2022, Joint Pretrial Order due by 7/1/2022...*** Jury Trial set for 7/11/2022 at 01:00 PM in Courtroom 9A before Judge Sim Lake)(Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
Filing 8 RESPONSE in Opposition to #7 MOTION to Dismiss or Stay for Lack of Jurisidction filed by George A. DeMontrond, III, Demontrond Auto Country, Inc., Demontrond Buick Company. (Attachments: #1 Exhibit A-4, #2 Exhibit A-5, #3 Exhibit A-6, #4 Exhibit A-7, #5 Exhibit A-8, #6 Proposed Order)(sanderson, 4) |
Filing 7 MOTION to Dismiss or Stay for Lack of Jurisdiction by George A. DeMontrond, III, Demontrond Auto Country, Inc., Demontrond Buick Company, filed. Motion Docket Date 5/16/2022. (Attachments: #1 Exhibit A, #2 Proposed Order)(sanderson, 4) |
Filing 6 ORDER - Status and Scheduling Conference set for 4/26/2022 at 11:30 AM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
Filing 5 ORDER - Granting #4 Opposed MOTION for Leave. ORDERED that VWoA's Emergency Motion for Temporary Restraining Order and Preliminary Injunction is accepted as-is without the need to refile.(Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
Filing 4 Opposed MOTION for Leave by Volkswagen of America, Inc., filed. Motion Docket Date 5/11/2022. (Attachments: #1 Proposed Order) (MarcelleLaBee, 4) |
Filing 3 Notice of Filing of Sealed Case. Notice mailed to: Volkswagen of America, Inc., filed. (MarcelleLaBee, 4) |
Filing 2 Emergency MOTION for Temporary Restraining Order by Volkswagen of America, Inc., filed. Motion Docket Date 5/9/2022. (Attachments: #1 Exhibit A - B, #2 Proposed Order) (MarcelleLaBee, 4) |
Filing 1 COMPLAINT against George A. DeMontrond, III filed by Volkswagen of America, Inc. (Attachments: #1 Exhibit A - B, #2 Motion to Seal, #3 Amended Motion to Seal, #4 Signed Order) (MarcelleLaBee, 4) |
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