McNabb et al v. US Equipment Group S&B Division Inc.
| Samuel James McNabb, Richard Anthony Grant, Joseph Barry McKeown and Rafael Antonio Bournigal |
| US Equipment Group S&B Division Inc. |
| US Equipment Group S&B Division Inc. |
| Rafael Antonio Bournigal, Richard Anthony Grant, Joseph Barry McKeown and Samuel James McNabb |
| 4:2025cv06131 |
| December 18, 2025 |
| U.S. District Court for the Southern District of Texas |
| Christina A Bryan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on May 26, 2026. A more recent docket listing may be available from PACER.
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Filing 35
ORDER Granting #31 Motion for Continuance; Denying without Prejudice #28 Motion for Partial Summary Judgment. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4)
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| Filing 34 RESPONSE to #31 MOTION for Extension of Time to Respond to Motion for Partial Summary Judgment MOTION for Continuance MOTION for Rule 16 Conference re: #28 MOTION for Partial Summary Judgment filed by US Equipment Group S&B Division Inc.. (Attachments: #1 Proposed Order) (Phillips, James) |
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Filing 33
ORDER granting #30 Amended Motion to Substitute Attorney. Attorney Daniel Paul Pellegrin, Jr terminated.(Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4)
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Filing 32
ORDER on Motion to Set Rule 16 Conference granting in part #31 . Initial Conference set for 6/29/2026 at 11:15 AM by video before Magistrate Judge Christina A Bryan. Joint Discovery and Case Management Plan is due 10 days in advance of conference. Plaintiffs/Counter-Defendants Motion #31 for an extension of time to respond to the pending Motion for Partial Summary Judgment is under advisement. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (abb4)
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CONTINUATION OF ORDER #32 FOR STATISTICAL PURPOSES ONLY - ORDER GRANTING IN PART MOTION TO SET RULE 16 CONFERENCE #31 TAKING UNDER ADVISEMENT #31 MOTION FOR EXTENSION AND CONTINUANCE OF TIME TO RESPOND TO MOTION FOR PARTIAL SUMMARY JUDGMENT. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (abb4)
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| Filing 31 MOTION for Extension of Time to Respond to Motion for Partial Summary Judgment, MOTION for Continuance ( Motion Docket Date 5/22/2026.), MOTION for Rule 16 Conference re: #28 MOTION for Partial Summary Judgment by Rafael Antonio Bournigal, Richard Anthony Grant, Joseph Barry McKeown, Samuel James McNabb, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Blair, Danya) |
| Filing 30 AMENDED #29 MOTION, Unopposed MOTION to Substitute Attorney Tyler McGuire in place of Daniel Pellegrin( Motion Docket Date 5/22/2026.) by Rafael Antonio Bournigal, Richard Anthony Grant, Joseph Barry McKeown, Samuel James McNabb, filed. (Attachments: #1 Proposed Order) (Blair, Danya) |
| Filing 29 Unopposed MOTION to Substitute Attorney Tyler McGuire in place of Daniel Pellegrin by Rafael Antonio Bournigal, Richard Anthony Grant, Joseph Barry McKeown, Samuel James McNabb, filed. Motion Docket Date 5/21/2026. (Attachments: #1 Proposed Order) (Blair, Danya) |
| Filing 28 MOTION for Partial Summary Judgment by US Equipment Group S&B Division Inc., filed. Motion Docket Date 5/11/2026. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit C, #5 Exhibit C-1, #6 Exhibit C-2, #7 Exhibit C-3, #8 Exhibit C-4, #9 Exhibit C-5, #10 Exhibit C-6 (Redacted-US Equipment's Fees in Mulch Suit)), #11 Exhibit C-7 (Redacted-US Equipment's Fees in Instant Case))) (Phillips, James) |
| Filing 27 NOTICE of Change of Address by Danya W. Blair, counsel for Rafael Antonio Bournigal, Richard Anthony Grant, Joseph Barry McKeown, Samuel James McNabb, filed. (Blair, Danya) |
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Filing 26
ORDER granting #25 Agreed Protective Order. It is ORDERED that the Agreed Protective Order docketed at ECF 25-1 is APPROVED and shall govern discovery in this case with one modification. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (dm4)
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| Filing 25 PROPOSED ORDER proposed Agreed Protective Order re: #24 Stipulation, filed. (Attachments: #1 Exhibit A) (Phillips, James) |
| Filing 24 STIPULATION re: Relating to Pltfs' Expedited Discovery Requests by US Equipment Group S&B Division Inc., filed. (Phillips, James) |
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Filing 23
CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by All Parties and ORDER TRANSFERRING CASE to Magistrate Judge Christina A Bryan. Judge Sim Lake no longer assigned to the case. (Signed by Judge Sim Lake) Parties notified. (jld4)
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| Filing 22 CONSENT to Proceed Before a Magistrate Judge by Samuel James McNabb, filed. (Blair, Danya) |
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Filing 21
ORDER denying without prejudice #10 Plaintiffs' Motion for Preliminary Injunction to refiling after the expedited discovery ordered herein.(Signed by Magistrate Judge Christina A Bryan) Parties notified. (dm4)
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| Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. MOTION HEARING re: #10 Motion for Preliminary Injunction held on 3/12/2026. Counsel for both parties were present. Counsel for plaintiff and defendant both presented their argument before the Court. Motion denied without prejudice and the Court to enter an expedited discovery schedule. Appearances: Danya Wayland Blair, Daniel Paul Pellegrin, Jr, Julia Alexandria Bennett-Jean.(ERO: Yes), filed. (dm4) |
| Filing 20 NOTICE of Resetting. Parties notified. Motion Hearing reset for 3/12/2026 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. (dm4) |
| Filing 19 REPLY in Support of #10 MOTION for Preliminary Injunction, filed by Rafael Antonio Bournigal, Richard Anthony Grant, Joseph Barry McKeown, Samuel James McNabb. (Blair, Danya) |
| Filing 18 NOTICE of Filing Exhibit E re: #17 Response to Motion, by US Equipment Group S&B Division Inc., filed. (Attachments: #1 Exhibit E - Additional Indemnity Notices) (Phillips, James) |
| Filing 17 RESPONSE to #10 MOTION for Preliminary Injunction filed by US Equipment Group S&B Division Inc.. (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Mulch Matters Petition, #3 Exhibit C - October Indemnity Notice, #4 Exhibit D - Plaintiffs' Refusal to Indemnify, #5 Proposed Order) (Phillips, James) |
| Filing 16 NOTICE of Setting re: #10 MOTION for Preliminary Injunction. Parties notified. Motion Hearing set for 3/11/2026 at 02:30 PM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. (dm4) |
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Filing 15
ORDER - CASE REFERRED to Magistrate Judge Christina A. Bryan. Parties to advise court w/in 20 days if they will consent to Judge Bryan. (Signed by Judge Sim Lake) (Attachments: #1 Consent Form) Parties notified. (sra4)
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| Filing 14 NOTICE of Reassignment. Case reassigned to Judge Sim Lake. Judge Ewing Werlein, Jr no longer assigned to the case. Parties notified, filed. (mf4) |
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Filing 13
RECUSAL ORDER. Judge Ewing Werlein, Jr recused. Deadlines in scheduling orders subsist. Court settings are vacated. (Signed by Judge Ewing Werlein, Jr) Parties notified. (mf4)
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| Filing 12 NOTICE of Reassignment. Case reassigned to Judge Ewing Werlein, Jr. Judge David Hittner no longer assigned to the case. Parties notified, filed. (dah4) |
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Filing 11
RECUSAL ORDER. Judge David Hittner recused. Deadlines in scheduling orders subsist. Court settings are vacated. (Signed by Judge David Hittner) Parties notified. (jww4)
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| Filing 10 MOTION for Preliminary Injunction by Samuel James McNabb, filed. Motion Docket Date 3/6/2026. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (Blair, Danya) |
| Filing 9 ANSWER to #5 Answer to Complaint, Counterclaim by Samuel James McNabb, filed. (Blair, Danya) |
| Filing 8 CERTIFICATE OF INTERESTED PARTIES by Rafael Antonio Bournigal, Richard Anthony Grant, Joseph Barry McKeown, Samuel James McNabb, filed. (Pellegrin, Daniel) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by US Equipment Group S&B Division Inc., filed. (Phillips, James) |
| Filing 6 NOTICE of Appearance by Julia Bennett-Jean on behalf of US Equipment Group S&B Division Inc., filed. (Bennett-Jean, Julia) |
| Filing 5 ANSWER to Complaint, COUNTERCLAIM against All Plaintiffs by US Equipment Group S&B Division Inc., filed. (Phillips, James) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/9/2026 at 10:00 AM by video before Magistrate Judge Christina A Bryan. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (gc4)
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| Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (gc4) |
| Referral Judge Selected: Magistrate Judge Christina A. Bryan randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (gc4) |
| Filing 2 NOTICE / Civil Cover Sheet re: #1 Notice of Removal, by US Equipment Group S&B Division Inc., filed. (Phillips, James) |
| Filing 1 NOTICE OF REMOVAL from Texas Business Court, Third Division, Harris County, Texas, case number 25-BC03A-0015 (Filing fee $ 405 receipt number BTXSDC-34728623) filed by US Equipment Group S&B Division Inc.. (Attachments: #1 Exhibit A - Index of Matters Being Filed, #2 Exhibit B - State Court Docket Sheet, #3 Exhibit C - Plaintiffs' Original Petition, #4 Exhibit D - Rule 11 Agreement, #5 Exhibit E - List of Counsel of Record) (Phillips, James) |
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