Polanco v. Garcia Soto et al
| Robert Polanco |
| E. Martinez Transport, LLC, Ezequiel Martinez Villarreal and Enrique Alejandro Garcia Soto |
| 5:2020cv00102 |
| June 25, 2020 |
| US District Court for the Southern District of Texas |
| John A Kazen |
| Marina Garcia Marmolejo |
| P.I.: Other |
| 23 U.S.C. § 134 |
| Defendant |
Docket Report
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This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
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Filing 22
FIRST AMENDED SCHEDULING ORDER. Pltf Designate Expert Witness List due by 4/9/2021. Deft Designate Expert Witness List due by 5/7/2021. Discovery due by 6/25/2021. Mediation due by 6/11/2021. Dispositive Motion Filing due by 6/4/2021. If No Dispositive Motions are filed: Deadline to File Joint Pretrial Order, Motions in Limine, and Proposed Jury Instructions due July 9, 2021. If Dispositive Motions are filed: Deadline to File Joint Pretrial Order, Motions in Limine, and Proposed Jury Instructions due 10/15/2021. Status Conference set for 6/1/2021 at 11:00 AM by telephone before Magistrate Judge John A Kazen. (Signed by Magistrate Judge John A Kazen) Parties notified.(vcantu, 5)
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Filing 21
ORDER granting #20 Motion to Modify Scheduling Order..(Signed by Magistrate Judge John A Kazen) Parties notified.(vcantu, 5)
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| Filing 20 MOTION to Modify Scheduling Order as to #13 Scheduling Order,,, Motions referred to John A Kazen. by Robert Polanco, filed. Motion Docket Date 4/2/2021. (Attachments: #1 Proposed Order Order on Joint Motion to Modify Scheduling Order)(Tamez, Christopher) |
| Filing 19 NOTICE of Setting. Parties notified. Telephonic Status Conference set for 6/1/2021 at 11:00 AM before Magistrate Judge John A Kazen, filed. (JessicaGRodriguez, 5) |
| Filing 18 ADVISORY by E. Martinez Transport, LLC, Enrique Alejandro Garcia Soto, Ezequiel Martinez Villarreal, filed.(Hunter, James) |
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Filing 17
ORDER. The Court hereby CANCELS the status conference set for 1/19/2021. In lieu of conducting the status conference, the parties are ORDERED to confer telephonically - thoroughly and in good faith - and to file a joint advisory no later than 1/22/2021 providing the information outlined in this order. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Filing 16 REPLY to Plaintiff's Response to Defendant's Motion for Summary Judgment, filed by E. Martinez Transport, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hunter, James) |
| Filing 15 RESPONSE to #14 MOTION for Summary Judgment to Dismiss EMT for Fraudulent_Improper Joinder filed by Robert Polanco. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order)(Tamez, Christopher) |
| Filing 14 MOTION for Summary Judgment to Dismiss EMT for Fraudulent_Improper Joinder Motions referred to John A Kazen. by E. Martinez Transport, LLC, filed. Motion Docket Date 11/4/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order, #5 Proposed Order)(Hunter, James) |
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Filing 13
SCHEDULING ORDER. Deadline to Serve Initial Written Discovery due by 9/28/2020; Joinder of Parties due by 11/6/2020; Pltf Expert Witness Designation due by 3/12/2021; Deft Expert Witness Designation due by 4/9/2021; Deadline to Opt into Court-Hosted Mediation due by 1/22/2021; Pltf Amended Pleadings due by 2/5/2021; Deft Amended Pleadings due by 2/19/2021; Discovery due by 5/28/2021; Deadline for Parties to Conduct Mediation due by 6/11/2021; Dispositive Motion Filing due by 5/7/2021; TRACK A- If No Dispositive Motions are Filed: Joint Pretrial Order, Motions in Limine, and Proposed Jury Instructions due by 6/11/2021; TRACK B - If Dispositive Motions are Filed: Joint Pretrial Order, Motions in Limine, and Proposed Jury Instructions due by 9/10/2021; Telephonic Status Conference set for 1/19/2021 at 09:00 AM before Magistrate Judge John A. Kazen. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Minute Entry for proceedings held before Magistrate Judge John A. Kazen. INITIAL PRETRIAL & SCHEDULING CONFERENCE held on 9/3/2020. The Court reviewed the purpose of the hearing pursuant to FRCP 16(b) and (c), the factual background of the case, and the basis for jurisdiction. Defendants have asserted that Defendant E. Martinez Transport, LLC was fraudulently joined to defeat diversity jurisdiction. Plaintiff has not filed a motion to remand but does not "agree" to jurisdiction. Defendants intend to file a motion for summary judgment to dismiss that Defendant. The Court inquired as to the status of settlement negotiations. The Court discussed its availability to conduct settlement conferences and discussed the parties' right to consent to the magistrate judge. The Court advised the parties the confer about Plaintiff's potential use of Section 18.001 affidavits to prove reasonable medical expenses, as objections to the filing of such affidavits will be sustained. The Court then turned to the proposed scheduling order in this case, and agreement was reached as to all dates. The Court will issue a scheduling order. The Court emphasized the importance of conferring before filing opposed motions and of providing the Court with prompt notification of settlement. Agreements to continue any deadlines are not binding on the Court and the scheduling order will be modified only upon a showing of good cause. The Court directed the parties to review the District Judge's court rules, available on the Court's website. A telephonic status conference was SET for 1/19/2021 at 9:00 a.m. A written scheduling order will follow. Appearances by Zoom videoconference: Ashley Rincon f/PLAINTIFF. M. David Alexander f/DEFENDANTS. (Time in court: 10:06 - 10:52 a.m.) (ERO: Cindy Miranda), filed. (JessicaGRodriguez, 5) |
| Filing 12 NOTICE of Resetting. Parties notified. Initial Conference reset for 9/3/2020 at 10:00 AM in by video before Magistrate Judge John A Kazen, filed. (JessicaGRodriguezadi, 5) |
| Filing 11 JOINT DISCOVERY/CASE MANAGEMENT PLAN by E. Martinez Transport, LLC, filed.(Hunter, James) |
| Filing 10 CERTIFICATE OF INTERESTED PARTIES by E. Martinez Transport, LLC, Enrique Alejandro Garcia Soto, Ezequiel Martinez Villarreal, filed.(Hunter, James) |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Robert Polanco, filed.(Tamez, Christopher) |
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Filing 8
ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES. Initial Pretrial and Scheduling Conference set for 9/3/2020 at 10:00 AM in Courtroom 2C before Magistrate Judge John A. Kazen. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Filing 7 NOTICE by Plaintiff's Counsel of Application for Admission to the Southern District of Texas by Robert Polanco, filed. (Attachments: #1 Exhibit Proof of Filing of Application for Admission)(Tamez, Christopher) |
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Filing 6
ORDER. The Court GRANTS #2 Motion for Christopher Tamez to Appear Pro Hac Vice. It is further ORDERED that no later than 7/24/2020 Mr. Tamez shall move for admission to practice in the United States District Court for the Southern District of Texas, tender the applicable fee, and file an advisory with this Court regarding the filing of his application. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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Filing 5
ORDER granting #3 Motion for Ashley Rincon to Appear Pro Hac Vice. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Filing 4 ANSWER to Complaint by E. Martinez Transport, LLC, Enrique Alejandro Garcia Soto, Ezequiel Martinez Villarreal, filed.(Hunter, James) |
| Filing 3 MOTION for Ashley M. Rincon to Appear Pro Hac Vice by Robert Polanco, filed. Motion Docket Date 7/22/2020. (Tamez, Christopher) |
| Filing 2 MOTION for Christopher M. Tamez to Appear Pro Hac Vice by Robert Polanco, filed. Motion Docket Date 7/22/2020. (Tamez, Christopher) |
| Filing 1 NOTICE OF REMOVAL from 49th Dist Ct Webb County, case number 2020CVA000513D1 (Filing fee $ 400 receipt number 0541-24846660) filed by E. Martinez Transport, LLC, Ezequiel Martinez Villarreal, Enrique Alejandro Garcia Soto. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hunter, James) |
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