Dimet, S.A., et al v. Consolidated Ship Repair, et al
| Dimet, S.A de C.V and Jose Luis Leyva |
| Consolidated Ship Repair & Marine Fabrication, LLC, Hydra Subsea LLC and Henderson Auctions |
| 4:2023cv00601 |
| February 20, 2023 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| Contract: Marine |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 60 MOTION for Attorney Fees by Dimet, S.A de C.V, filed. Motion Docket Date 5/11/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Proposed Order Text of Proposed Order)(Mosser, Nicholas) |
Filing 58
ORDER REMANDING CASE granting #9 MOTION to Remand. This case is REMANDED to the 240th Judicial District Court of Fort Bend County, Texas, where it was assigned cause number 23-DCV-300674. Case terminated on 4/19/2023. Any other pending motions are DENIED as moot. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 57 MOTION for Extension of Time File Response by Dimet, S.A de C.V, filed. Motion Docket Date 5/9/2023. (Attachments: #1 Proposed Order proposed order)(Mosser, Nicholas) |
| Filing 56 Supplemental BRIEF Support of Remand by Dimet, S.A de C.V, filed.(Mosser, Nicholas) |
| Filing 55 NOTICE of Resetting. Parties notified. Final Injunction Hearing set for 4/18/2023 at 03:00 PM video before Judge George C Hanks Jr, filed. (bthomas, 4) |
| Filing 54 CLERKS NOTICE OF CANCELLATION. The Final Hearing set for 4/17/2023 at 1:30 PM is CANCELED. Parties notified, filed. (bthomas, 4) |
| Filing 53 Excerpt from Transcript by Dimet, S.A de C.V, filed.(Mosser, Nicholas) |
| Filing 52 RESPONSE to Dkt. 51, filed by Dimet, S.A de C.V. (Mosser, Nicholas) |
| Filing 51 Supplemental RESPONSE in Opposition to #9 MOTION to Remand, filed by Consolidated Ship Repair & Marine Fabrication, LLC. (Attachments: #1 Exhibit Ex A)(Renshaw, Justin) |
| Filing 50 Supplemental BRIEF Support of Remand re: #9 MOTION to Remand by Dimet, S.A de C.V, filed.(Mosser, Nicholas) |
| Filing 49 DEMAND for Trial by Jury by Dimet, S.A de C.V, filed.(Mosser, Nicholas) |
| Filing 48 NOTICE OF ZOOM LINK re: #47 Final Injunction Hearing, filed. Join ZoomGov Meeting: https://www.zoomgov.com/j/1601109703?pwd=by9WOXAycWl6SHU2K1lCV0k4OUhXdz09; Meeting ID: 160 110 9703; Passcode: 989754; Dial-in: 1-669-254-5252. (bthomas, 4) |
| Filing 47 Minute Entry for proceedings held before Judge George C Hanks, Jr. INJUNCTION HEARING held on 4/12/2023. The Court adjourned the hearing to consider whether it has subject matter jurisdiction in this case and whether the case was properly removed. The parties may submit supplemental briefing on the jurisdictional and removal issues on or before April 14, 2023. The Court will reconvene the hearing on April 17, 2023 at 1:30 p.m., by Zoom. Appearances: Nicholas Dupont Mosser, James C Mosser, Mara Charlene Martinez, Justin William Renshaw, Joseph Durkin Ledgard, Michelle Valadares Friery.(ERO: yes), filed.(bthomas, 4) |
| Filing 46 AO 435 TRANSCRIPT REQUEST by Dimet for Transcript of misc. 4/12/23 Hanks. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Mosser, Nicholas) Electronically forwarded to Veritext Legal Solutions on 04/14/2023. Estimated date of completion: 04/15/2023. Modified on 4/14/2023 (BrandisIsom, 4). |
| Filing 45 BRIEF regarding April 12 Hearing by Dimet, S.A de C.V, filed.(Mosser, Nicholas) |
| Filing 44 CERTIFICATE of Conference by Dimet, S.A de C.V, Jose Luis Leyva, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exh. B)(Mosser, Nicholas) |
| Filing 43 Notice of Filing of Official Transcript as to #41 Transcript. Party notified, filed. (DarleneHansen, 4) |
| Filing 42 Request for Issuance of Subpoena ( Filing fee $ 49 receipt number ATXSDC-29729724.) filed by Dimet, S.A de C.V. (Attachments: #1 Unredacted attachment Subpoena)(Mosser, Nicholas) |
| Filing 41 TRANSCRIPT re: motion hearing held on 2/28/23 before Judge George C Hanks, Jr. Court Reporter/Transcriber Veritext. Ordering Party Nicholas D Mosser Release of Transcript Restriction set for 7/10/2023., filed. (VeritextLegalSolutions, ) |
| Filing 40 NOTICE of Dismissal as to Jose Luis Leyva by Jose Luis Leyva, filed. (Mosser, Nicholas) |
| Filing 39 Opposed MOTION for Clarification as to #38 Order, by Dimet, S.A de C.V, Jose Luis Leyva, filed. Motion Docket Date 4/27/2023. (Mosser, Nicholas) |
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Filing 38
ORDER. A final injunction hearing is currently set in this case for April 12, 2023 at 10:00 a.m. Dkt. #21 . At that hearing, the parties should be prepared to discuss all issues pending before the Court, including the pending motions listed at docket entries 30, 34, and 36. The parties are ORDERED to confer regarding docket entries 30, 34, and 36 and to file a joint certificate of conference by 12:00 p.m. on April 11, 2023. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 37 Supplemental MOTION to Supplement Emergency Motion by Dimet, S.A de C.V, Jose Luis Leyva, filed. Motion Docket Date 4/26/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Mosser, Nicholas) |
| Filing 36 Opposed REQUEST for pre-motion conference re: #24 Request for Entry of Default, filed.(Friery, Michelle) |
| Filing 35 ANSWER to Complaint by Consolidated Ship Repair & Marine Fabrication, LLC, Hydra Subsea LLC, filed.(Renshaw, Justin) |
| Filing 34 EMERGENCY MOTION, MOTION for Order to Show Cause as to Circumvention of Jurisdiction( Motion Docket Date 4/21/2023.) by Dimet, S.A de C.V, Jose Luis Leyva, filed. (Attachments: #1 Exhibit Exhibit A)(Mosser, Nicholas) |
| Summons Not Issued as to Henderson Auctions due to these deficiencies: Party named on summons is not a named defendant on the case. Attorney or Plaintiff notified of deficiencies J.A.H. ENTERPRISES, INC not a party by NEF, filed.(hlerma, 4) |
| Filing 33 CORPORATE DISCLOSURE STATEMENT by Dimet, S.A de C.V, Jose Luis Leyva, filed.(Mosser, Nicholas) |
| Filing 32 NOTICE regarding Defendants Notice of Removal re: #2 Order for Initial Conference - FORM, by Dimet, S.A de C.V, Jose Luis Leyva, filed. (Attachments: #1 Exhibit Exhibit A)(Mosser, Nicholas) |
| Filing 31 CERTIFICATE OF INTERESTED PARTIES by Consolidated Ship Repair & Marine Fabrication, LLC, filed.(Renshaw, Justin) |
| Filing 30 MOTION to Compel Application of Rule 55 by Dimet, S.A de C.V, Jose Luis Leyva, filed. Motion Docket Date 4/19/2023. (Attachments: #1 Proposed Order Text of Proposed Order)(Mosser, Nicholas) |
| Filing 29 NOTICE re: #2 Order for Initial Conference - FORM, by Dimet, S.A de C.V, Jose Luis Leyva, filed. (Mosser, Nicholas) |
| Filing 28 First SUPPLEMENT to #9 MOTION to Remand by Dimet, S.A de C.V, Jose Luis Leyva, filed. (Attachments: #1 Exhibit Exhibit A)(Mosser, Nicholas) |
| Filing 27 AO 435 TRANSCRIPT REQUEST by Nicholas D. Mosser for Transcript of PI, 2/28/23, Hanks. 14-Day turnaround requested. Court Reporter/Transcriber: Veritext Legal Solutions, filed. (Mosser, Nicholas) Electronically forwarded to Veritext Legal Solutions on 04/04/2023. Estimated date of completion: 04/18/2023. Modified on 4/4/2023 (DMcKinnieRichardson, 4). |
| Filing 26 MOTION to Compel Arbitration by Consolidated Ship Repair & Marine Fabrication, LLC, filed. Motion Docket Date 4/19/2023. (Attachments: #1 Exhibit Access and Handling Agreement and Emails, #2 Proposed Order Proposed Order Compelling Arbitration and Staying Case)(Renshaw, Justin) |
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Filing 25
ORDER granting #22 Motion to Substitute Nicholas Dupont Mosser and Mara Charlene Martinez as Attorney. Attorney Alan Ray San Miguel and Robert Grant McEwen are terminated. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 24 REQUEST for Entry of Default against All Defendants by Jose Luis Leyva, Dimet, S.A de C.V, filed.(Mosser, Nicholas) |
| Filing 23 Request for Issuance of Summons as to All Plaintiffs, filed.(Mosser, Nicholas) |
| Filing 22 Unopposed MOTION to Substitute Attorney Nicholas D. Mosser in place of Alan Ray San Miguel by Dimet, S.A de C.V, Jose Luis Leyva, filed. Motion Docket Date 4/18/2023. (Attachments: #1 Proposed Order Text of Proposed Order)(Mosser, Nicholas) |
| Filing 21 NOTICE of Resetting re: #19 Temporary Restraining Order. Parties notified. Final Hearing set for 4/12/2023 at 10:00 AM by video before Judge George C Hanks Jr, filed. (bthomas, 4) |
| Filing 20 Letter to Court by Dimet, S.A de C.V, filed.(San Miguel, Alan) |
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Filing 19
TEMPORARY RESTRAINING ORDER granting #3 MOTION for Temporary Restraining Order. (Final Hearing set for 4/5/2023 at 10:00 AM by video before Judge George C Hanks Jr) (Signed by Judge George C Hanks, Jr) Parties notified. (bthomas, 4)
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Filing 18
ORDER granting #14 Motion for Robert McEwen to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 17 Letter to Court by Dimet, S.A de C.V, filed.(San Miguel, Alan) |
| Filing 16 Letter to Court by Dimet, S.A de C.V, filed.(San Miguel, Alan) |
| Filing 15 Minute Entry for proceedings held before Judge George C Hanks, Jr. Preliminary INJUNCTION HEARING held on 2/28/2023. Defendants Consolidated Ship Repairand Hydra Subsea stated on the record that they will not dispose of the crane from which this lawsuit arises while the Court is considering the request for injunctive relief. Plaintiffs will file a letter on or before March 1, 2023 outlining their discussions with possible sureties. After the Court receives Plaintiffs letter, the Court will calculate a reasonable bond amount. Appearances:Robert Grant McEwen. Justin William Renshaw, Alan Ray San Miguel.(ERO:yes), filed.(KimberlyPicota, 4) |
| Filing 14 MOTION for Robert Grant McEwen to Appear Pro Hac Vice by Dimet, S.A de C.V, filed. Motion Docket Date 3/21/2023. (San Miguel, Alan) |
| Filing 13 RESPONSE in Opposition to #9 MOTION to Remand, filed by Consolidated Ship Repair & Marine Fabrication, LLC. (Renshaw, Justin) |
| Filing 12 REPLY to Response to #3 MOTION for Temporary Restraining Order, filed by Dimet, S.A de C.V. (San Miguel, Alan) |
| Filing 11 PROPOSED ORDER re: #9 MOTION to Remand, filed.(San Miguel, Alan) |
| Filing 10 Hearing EXHIBITS re: #9 MOTION to Remand by Dimet, S.A de C.V, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(San Miguel, Alan) |
| Filing 9 MOTION to Remand by Dimet, S.A de C.V, filed. Motion Docket Date 3/20/2023. (San Miguel, Alan) |
| Filing 8 RESPONSE in Opposition to #3 MOTION for Temporary Restraining Order, filed by Consolidated Ship Repair & Marine Fabrication, LLC. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex A, #3 Exhibit Ex B, #4 Exhibit Ex C, #5 Exhibit Ex D, #6 Exhibit Ex E)(Renshaw, Justin) |
| Filing 7 STATUS REPORT by Consolidated Ship Repair & Marine Fabrication, LLC, filed. (Attachments: #1 Exhibit Agreement and Background Emails, #2 Exhibit Email re Availability, #3 Exhibit Email re Crane "Emergency", #4 Exhibit Third Email re Availability and "Emergency")(Renshaw, Justin) |
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Filing 6
ORDER SETTING PRELIMINARY INJUNCTION HEARING. Injunction Hearing set for 2/28/2023 at 02:30 PM by video before Judge George C Hanks Jr. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 5 REQUEST for pre-motion conference re: #3 MOTION for Temporary Restraining Order, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(San Miguel, Alan) |
| Filing 4 PROPOSED ORDER re: #3 MOTION for Temporary Restraining Order, filed.(San Miguel, Alan) |
| Filing 3 MOTION for Temporary Restraining Order by Dimet, S.A de C.V, filed. Motion Docket Date 3/16/2023. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(San Miguel, Alan) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/17/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(ClaudiaGutierrez, 4)
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| Filing 1 NOTICE OF REMOVAL from 240th District Court, Fort Bend County, Texas, case number 23-DCV-300674 (Filing fee $ 402 receipt number ATXSDC-29485280) filed by Consolidated Ship Repair & Marine Fabrication, LLC, Hydra Subsea LLC. (Attachments: #1 Exhibit State Court Papers, #2 Exhibit List of Counsel, #3 Exhibit Index, #4 Exhibit State Court Notice)(Renshaw, Justin) |
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