Curry v. The Lubrizol Corporation et al
Plaintiff: Lisa Curry
Defendant: The Lubrizol Corporation, Melvin Drumm and Blake Toler
Consolidated Plaintiff: Brian Pitts
Case Number: 4:2022cv03735
Filed: October 28, 2022
Court: US District Court for the Southern District of Texas
Presiding Judge: Kenneth M Hoyt
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2022 Opinion or Order Filing 16 MEMORANDUM OPINION AND ORDER granting #13 MOTION to Remand, #5 MOTION to Remand. Case terminated on 12/19/22.(Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4)
December 14, 2022 Opinion or Order Filing 15 AMENDED ORDER OF CONSOLIDATION. This case is consolidated with Cause No. 4:22-cv-03735 for all discovery and pretrial matters. Therefore, the Member Case No. 4:22-cv-03736 is administratively closed until further orders of this Court. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
December 8, 2022 Opinion or Order Filing 12 ORDER TO CONSOLIDATE CASES: Lead Case No. 4:22-cv-03736 and Member Case No. 4:22-cv-03735 (Signed by Judge Kenneth M Hoyt) Parties notified.(JacquelineMata, 4)
December 6, 2022 Opinion or Order Filing 11 CERTIFICATE OF SERVICE IN A REMOVED ACTION by The Lubrizol Corporation, filed.(Rodriguez, Victoria)
November 30, 2022 Opinion or Order Filing 10 REPLY in Support of #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Melvin Drumm, Blake Toler. (Attachments: #1 Exhibit A - Monreal v. Walmart Inc., #2 Exhibit B - Garcia v. Nordex United States, #3 Exhibit C - Aguilar v. Wal-Mart Stores Tex., LP, #4 Exhibit D - McNeal v. Markum Enters., LLC, #5 Exhibit E - Gonzalez v. Wal-Mart Stores Tex., LLC)(Lauderdale, Jeffrey)
November 30, 2022 Opinion or Order Filing 9 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 1/19/2023 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
November 23, 2022 Opinion or Order Filing 8 RESPONSE in Opposition to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Lisa Curry. (Attachments: #1 Exhibit 1. Lubrizol Violation Notice - Written Response, #2 Exhibit 2. Adame v. Petsmart LLC, #3 Exhibit 3. Aguilar v. Wal-Mart Stores of Texas, LLC, #4 Exhibit 4. Alexander v. Lincare, Inc., #5 Exhibit 5. Garcia v. Nordex USA, Inc., #6 Exhibit 6. Gonzalez v. Wal-Mart Stores of Texas, LLC, #7 Exhibit 7. Land v. Wal-Mart Stores of Tex., LLC, #8 Exhibit 8. Monreal v. Walmart, #9 Exhibit 9. Neubauer v. Logan's Roadhouse of Texas, Inc., #10 Exhibit 10. Patterson v. Walgreen Co., #11 Exhibit 11. Rape v. Medtronic, Inc.)(Bins, Michael)
November 21, 2022 Opinion or Order Filing 14 RESPONSE in Opposition to #13 MOTION to Remand filed by The Lubrizol Corporation. (Attachments: #1 Exhibit A - Dodd v. Chubb Natl Ins. Co., #2 Exhibit B - Padilla Imp. Sales & Mktg., Inc. v. Griffin, #3 Exhibit C - Kutchinski v. Costco Wholesale Corp., #4 Exhibit D - Gipson v. Wal-Mart Stores, Inc., #5 Exhibit E - Land v. Wal-Mart Stores of Tex., LLC, #6 Exhibit F - Monreal v. Walmart Inc., #7 Exhibit G - Garcia v. Nordex United States, #8 Exhibit H - Aguilar v. Wal-Mart Stores Tex., LP, #9 Exhibit I - McNeal v. Markum Enters., LLC, #10 Exhibit J - Del Castillo v. PMI Holdings N. Am. Inc., #11 Exhibit K - Plaintiffs Original Petition, Christina Land v. Wal-Mart Stores Texas, #12 Exhibit L - Rodriguez v. Wal-Mart Stores Tex., LLC, #13 Exhibit M - Plaintiffs Original Petition, Enriqueta Rodriguez v. Wal-Mart Store, #14 Exhibit N - Plaintiffs Original Petition, Cassandra Gouldie etc. v. The Lubrizo, #15 Exhibit O - Garrison v. Sherwin-Williams Co., #16 Exhibit P - Tex. Specialty Trailers, Inc. v. Jackson & Simmen Drilling Co., #17 Exhibit Q - Gonzalez v. Wal-Mart Stores Tex., LLC, #18 Proposed Order) This document was originally filed electronically in 4:22cv3736; re-filed in 4:22cv3735 per Order of Consolidation. (ltien, 4)
November 21, 2022 Opinion or Order Filing 7 RESPONSE in Opposition to #5 MOTION to Remand, filed by The Lubrizol Corporation. (Attachments: #1 Exhibit A - Dodd v. Chubb Natl Ins. Co., #2 Exhibit B - Padilla Imp. Sales & Mktg., Inc. v. Griffin, #3 Exhibit C - Kutchinski v. Costco Wholesale Corp., #4 Exhibit D - Gipson v. Wal-Mart Stores, Inc., #5 Exhibit E - Land v. Wal-Mart Stores of Tex., LLC, #6 Exhibit F - Monreal v. Walmart Inc., #7 Exhibit G - Garcia v. Nordex United States, #8 Exhibit H - Aguilar v. Wal-Mart Stores Tex., LP, #9 Exhibit I - McNeal v. Markum Enters., LLC, #10 Exhibit J - Del Castillo v. PMI Holdings N. Am. Inc., #11 Exhibit K - Plaintiffs Original Petition, Christina Land v. Wal-Mart Stores Texas, LLC, et al., #12 Exhibit L - Rodriguez v. Wal-Mart Stores Tex., LLC, #13 Exhibit M - Plaintiffs Original Petition, Enriqueta Rodriguez v. Wal-Mart Store Inc., et al., #14 Exhibit N - Plaintiffs Original Petition, Cassandra Gouldie, etc. v. The Lubrizol Corporation, #15 Exhibit O - Garrison v. Sherwin-Williams Co., #16 Exhibit P - Tex. Specialty Trailers, Inc. v. Jackson & Simmen Drilling Co., #17 Exhibit Q - Gonzalez v. Wal-Mart Stores Tex., LLC, #18 Proposed Order)(Lauderdale, Jeffrey)
November 16, 2022 Opinion or Order Filing 6 NOTICE of Appearance by Victoria Rodriguez on behalf of Melvin Drumm, The Lubrizol Corporation, Blake Toler, filed. (Rodriguez, Victoria)
November 11, 2022 Opinion or Order Filing 13 MOTION to Remand by Brian Pitts, filed. Motion Docket Date 12/2/2022. (Attachments: #1 Exhibit 1. Lubrizol Violation Notice - Response, #2 Exhibit 2. Lubrizol's Rule 194 Initial Disclosures, #3 Exhibit 3. Adame v. PetSmart LLC, #4 Exhibit 4. Aguilar v. Wal-Mart Stores Texas LLC, #5 Exhibit 5. Alexander v. Lincare Inc., #6 Exhibit 6. Edwea Inc. v. Allstate Ins Co., #7 Exhibit 7. Garcia v. Nordex USA Inc., #8 Exhibit 8. Gonzalez v. Wal-Mart Stores Texas LLC, #9 Exhibit 9. Land v. Wal-Mart Stores of Texas LLC, #10 Exhibit 10. Monreal v. Walmart Inc., #11 Exhibit 11. Neubauer v. Logans Roadhouse of Texas Inc., #12 Exhibit 12. Patterson v. Walgreens Co., #13 Exhibit 13. Rape v. Medtronic Inc., #14 Exhibit 14. Studer v. State Farm Lloyds, #15 Proposed Order on Plaintiff's Motion to Remand) This document was originally filed electronically in 4:22cv3736; re-filed in 4:22cv3735 per Order of Consolidation. (ltien, 4)
November 11, 2022 Opinion or Order Filing 5 MOTION to Remand by Lisa Curry, filed. Motion Docket Date 12/2/2022. (Attachments: #1 Exhibit 1. Lubrizol Violation Notice - Response, #2 Exhibit 2. Lubrizol's Rule 194 Initial Disclosures, #3 Exhibit 3. Adame v. PetSmart LLC, #4 Exhibit 4. Aguilar v. Wal-Mart Stores Texas LLC, #5 Exhibit 5. Alexander v.Lincare Inc., #6 Exhibit 6. Edwea Inc. v. Allstate Ins. Co, #7 Exhibit 7. Garcia v. Nordex USA Inc., #8 Exhibit 8. Gonzalez v. Wal-Mart Stores of Texas LLC, #9 Exhibit 9. Land v. Wal-Mart Stores of Texas LLC, #10 Exhibit 10. Monreal v. Walmart Inc., #11 Exhibit 11. Neubauer v. Logans Roadhouse of Texas Inc., #12 Exhibit 12. Patterson v. Walgreens Co., #13 Exhibit 13. Rape v. Medtronic Inc., #14 Exhibit 14. Studer v. State Farm Lloyds, #15 Proposed Order)(Bins, Michael)
November 4, 2022 Opinion or Order Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Melvin Drumm, Blake Toler, filed. Motion Docket Date 11/25/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Kutchinski v. Costco Wholesale Corp., #3 Exhibit B - Gipson v. Wal-Mart Stores, Inc., #4 Exhibit C - Land v. Wal-Mart Stores of Tex., LLC, #5 Exhibit D - McNeal v. Markum Enters., LLC, #6 Exhibit E - Del Castillo v. PMI Holdings N. Am. Inc., #7 Exhibit F - Plaintiffs Original Petition, Land v. Wal-Mart, #8 Exhibit G - Rodriguez v. Wal-Mart Stores Tex., LLC, #9 Exhibit H - Plaintiffs Original Petition, Rodriguez v. Wal-Mart, #10 Exhibit I - Garrison v. Sherwin-Williams Co., #11 Exhibit J - Tex. Specialty Trailers, Inc. v. Jackson & Simmen Drilling Co., #12 Exhibit K Gonzalez v. Wal-Mart Stores Tex., LLC, #13 Proposed Order)(Lauderdale, Jeffrey)
November 4, 2022 Opinion or Order Filing 3 ANSWER to Complaint by The Lubrizol Corporation, filed.(Lauderdale, Jeffrey)
October 28, 2022 Opinion or Order Filing 2 CORPORATE DISCLOSURE STATEMENT by The Lubrizol Corporation identifying Berkshire Hathaway Inc. as Corporate Parent, filed.(Lauderdale, Jeffrey)
October 28, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from 234th Judicial District Court of Harris County, TX, case number 2022-57957 (Filing fee $ 402 receipt number ATXSDC-28991358) filed by The Lubrizol Corporation. (Attachments: #1 Index of Documents Filed with Removal Action, #2 Exhibit A - Plaintiff's Original Petition with Requests for Issuance of Service on Defendants, #3 Exhibit B - Citation of Service on Defendant Melvin Drumm, #4 Exhibit C - Affidavit of Service on Defendant Blake Toler, #5 Exhibit D - Affidavit of Service on Defendant The Lubrizol Corporation, #6 Exhibit E - Ohio Secretary of State Certificate of Good Standing of The Lubrizol Corporation, #7 Exhibit F - District Clerks Docket Sheet, #8 Exhibit G - List of Counsel of Record)(Lauderdale, Jeffrey)

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Plaintiff: Lisa Curry
Represented By: Derek Heath Potts
Represented By: James Ryan Fowler
Represented By: Michael John Bins
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Defendant: The Lubrizol Corporation
Represented By: Jeffrey Jason Lauderdale
Represented By: Victoria Alejandra Rodriguez
Represented By: Tom M Harrison
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Defendant: Melvin Drumm
Represented By: Jeffrey Jason Lauderdale
Represented By: Tom M Harrison
Represented By: Victoria Alejandra Rodriguez
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Defendant: Blake Toler
Represented By: Jeffrey Jason Lauderdale
Represented By: Tom M Harrison
Represented By: Victoria Alejandra Rodriguez
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Consolidated plaintiff: Brian Pitts
Represented By: Derek Heath Potts
Represented By: Michael John Bins
Represented By: James Ryan Fowler
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