Ndiaye v. Roadfleet Carrier Services et al
| Awa Ndiaye |
| Roadfleet Carrier Services, Julio Cesar Caballero-Hernandez, PACCAR Financial Corp. and Engs Commercial Finance Co. |
| 4:2023cv04614 |
| December 11, 2023 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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| Document Text |
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Filing 11
ORDER - Plaintiff has not responded to either motion within 21 days. Therefore pursuant to Local Rules 7.3 and 7.4, the motions are treated as unopposed. Having carefully reviewed the motions and the Complaint, the court concludes that Plaintiff has failed to state a claim upon which relief can be granted against Mitsubishi or Paccar. Mitsubishi's #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Paccar's #8 MOTION To Dismiss are therefore GRANTED, and Plaintiff's claims against Mitsubishi and Paccar are DISMISSED WITH PREJUDICE...*** Engs Commercial Finance Co. and PACCAR Financial Corp. terminated..*** Attorney Kyle Micheal Smith; Phillip Robert Brinson and Clinton Vaylord Cox, IV terminated. (Signed by Judge Sim Lake) Parties notified.(SheilaRAnderson, 4)
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| Filing 10 Amended CERTIFICATE OF INTERESTED PARTIES by PACCAR Financial Corp., filed.(Cox, Clinton) |
| Filing 9 PROPOSED ORDER To Paccar's Motion To Dismiss, filed.(Cox, Clinton) |
| Filing 8 MOTION to Dismiss Pursuant to FRCP 12(b)(6) by PACCAR Financial Corp., filed. Motion Docket Date 1/23/2024. (Cox, Clinton) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Engs Commercial Finance Co., Mitsubishi HC Capital America, Inc. successor-in-interest to Engs Commercial, filed. Motion Docket Date 1/17/2024. (Attachments: #1 Exhibit Plaintiff's Original Petition, #2 Exhibit Lien and Title Information Report, #3 Exhibit Commercial Lease Agreement, #4 Affidavit Affidavit of Brian Kerrins, #5 Proposed Order Proposed Order)(Smith, Kyle) |
| Filing 5 CERTIFICATE OF INTERESTED PARTIES by Engs Commercial Finance Co., Mitsubishi HC Capital America, Inc. successor-in-interest to Engs Commercial, filed.(Smith, Kyle) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Engs Commercial Finance Co., Mitsubishi HC Capital America, Inc. successor-in-interest to Engs Commercial identifying Mitsubishi HC Capital, Inc. as Corporate Parent, filed.(Smith, Kyle) |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by Roadfleet Carrier Services, filed.(Cox, Clinton) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/23/2024 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 1 NOTICE OF REMOVAL from 400th Judicial District Fort Bend County,Texas, case number 23-DCV-310258 (Filing fee $ 405 receipt number ATXSDC-30916285) filed by Roadfleet Carrier Services. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Cox, Clinton) |
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