Pena v. Valvoline Instant Oil Franchising, Inc.
| Samantha Pena |
| Mukul Valvoline Instant Oil Franchising, Inc. and Valvoline Instant Oil Franchising, Inc. |
| 4:2023cv03161 |
| August 28, 2023 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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Filing 14
AMENDED ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference RESET for 12/15/2023 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(SheilaRAnderson, 4)
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| Filing 13 Letter to Judge Sim Lake by Valvoline Instant Oil Franchising, Inc., filed. (Attachments: #1 Exhibit 1)(Kelkar, Mukul) |
| Filing 12 RESPONSE to #11 MOTION to Abate filed by Samantha Pena. (Attachments: #1 Exhibit A)(Nguyen, Brian) |
| Filing 11 MOTION to Abate by Valvoline Instant Oil Franchising, Inc., filed. Motion Docket Date 10/17/2023. (Attachments: #1 Exhibit Ex 01 - Pena Demand, #2 Exhibit Ex 02 - Email from VSo to JMaxey, #3 Exhibit Ex 03 - Pena Economic Damages)(Kelkar, Mukul) |
| Filing 10 CERTIFICATE OF INTERESTED PARTIES by Samantha Pena, filed.(Nguyen, Brian) |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Valvoline Instant Oil Franchising, Inc., filed.(Kelkar, Mukul) |
| Filing 8 NOTICE of Appearance by M. Viola So on behalf of Valvoline Instant Oil Franchising, Inc., filed. (So, Ming Wai) |
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Filing 7
ORDER - The Court has carefully reviewed Defendant Valvoline Instant Oil Change Franchising, Inc.'s #6 response to the Court's Order dated September 12, 2023 requesting to withdraw its Motion to Dismiss. ORDERED that Defendant Valvoline Instant Oil Change Franchising, Inc.'s #6 request to withdraw is GRANTED and the #2 Motion to Dismiss for Failure to State a Claim is DENIED as moot. (Signed by Judge Sim Lake) Parties notified. (SheilaRAnderson, 4)
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| Filing 6 NOTICE of Withdrawal of Motion to Dismiss re: #5 Order,,,, by Valvoline Instant Oil Franchising, Inc., filed. (Kelkar, Mukul) |
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Filing 5
ORDER - Defendant, Valvoline Instant Oil Change Franchising, Inc., has filed a #2 Motion to Dismiss. The motion seeks dismissal pursuant to Fed. R. Civ. P. 8(a) and 12(b)(6). The court's normal practice is to allow only one dispositive motion per party, and the court sees no reason to make an exception in this case. The practice is especially appropriate in a case like this one where the moving party seeks to apply federal pleading standards to a state court petition. If Valvoline Instant Oil Change Franchising, Inc. 's motion to dismiss is denied, the court will therefore not allow it to file a motion for summary judgment. If Valvoline Instant Oil Change Franchising, Inc., wishes to withdraw the motion to dismiss, the court will enter a docket control order that includes a date for motions for summary judgment. The court requests that Valvoline Instant Oil Change Franchising, Inc., inform the court of its decision by September 18, 2023. (Signed by Judge Sim Lake) Parties notified. (SheilaRAnderson, 4)
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| Filing 4 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Valvoline Instant Oil Franchising, Inc., filed.(Kelkar, Mukul) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/20/2023 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(SheilaRAnderson, 4)
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| Filing 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Valvoline Instant Oil Franchising, Inc., filed. Motion Docket Date 9/22/2023. (Attachments: #1 Appendix Unpublished Case: Berry v Indianapolis Life Ins Co, #2 Appendix Unpublished Case: RBH Energy LLC v BGC Partners Inc)(Kelkar, Mukul) |
| Filing 1 NOTICE OF REMOVAL from 129th Judicial District Court of Harris County, Texas, case number 2023-49143 (Filing fee $ 402 receipt number ATXSDC-30420497) filed by Mukul Valvoline Instant Oil Franchising, Inc.. (Attachments: #1 Exhibit Ex 01 - State Court Filings, #2 Exhibit Ex 02 - Docket Sheet, #3 Exhibit Ex 03 - Index of Removal Documents, #4 Exhibit Ex 04 - List of Counsel of Record)(Kelkar, Mukul) |
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