Comercial Riamey Centro Cambiario, SA de CV v. Eagle Smart Solutions, LLC et al
| Comercial Riamey Centro Cambiario, SA de CV |
| Eagle Smart Solutions, LLC and Westchester Fire Insurance Company |
| 5:2021cv00022 |
| March 2, 2021 |
| US District Court for the Southern District of Texas |
| John A Kazen |
| Marina Garcia Marmolejo |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 33
ORDER denying as moot Defendant Westchester Fire Insurance Company's #27 Motion to Compel, without prejudice to Defendant refiling in the future. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Filing 32 ADVISORY by Comercial Riamey Centro Cambiario, SA de CV, filed.(Alarcon, J) |
| Filing 31 NOTICE of Appearance by Laura Richards Sherry on behalf of Westchester Fire Insurance Company, filed. (Sherry, Laura) |
| Filing 30 NOTICE of Withdrawal of Jacob Damrill by Westchester Fire Insurance Company, filed. (Pemberton, Phillip) |
| Filing 29 NOTICE of Setting. Parties notified. Telephonic Status Conference set for 3/22/2022 at 11:00 AM before Magistrate Judge John A Kazen, filed. (JessicaGRodriguez, 5) |
| Minute Entry for proceedings held before Magistrate Judge John A. Kazen. STATUS CONFERENCE held on 12/07/2021. Although Defendant's Motion to Compel (Dkt. No. 27) is not ripe, the Court entertained a general discussion of the parties' positions re the motion. The Court admonished the parties to thoroughly confer about the discovery dispute and to reflect those discussions in Plf's response and Def's reply. Telephonic appearances: J. Alberto Alarcon f/PLAINTIFF. Edward F. Maddox f/DEFENDANT Eagle Smart Solutions, LLC. Phillip W. Pemberton f/DEFENDANT WESTCHESTER FIRE INSURANCE COMPANY. (Time in court: 9:13 - 10:04 a.m.) (ERO: Margaret Peregoy), filed. (JessicaGRodriguez, 5) |
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Filing 28
ORDER granting #26 Motion for Extension of Time. Defendant's new deadline to file responses to Plaintiff's motion for summary judgment is January 17, 2022.(Signed by Magistrate Judge John A Kazen) Parties notified.(MargaretPeregoy, 5)
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| Filing 27 MOTION to Compel Discovery Responses from Plaintiff by Westchester Fire Insurance Company, filed. Motion Docket Date 12/21/2021. (Attachments: #1 Exhibit A - Answers to Westchester Fire Insurance Company's First Set of Interrogatories to Plaintiff, #2 Exhibit B - Plaintiff's Second Supplemental Responses to WFIC's RFPs, #3 Exhibit C - Follow up Letter to Alberto Alarcon, #4 Proposed Order Granting Westchester's Motion to Compel)(Damrill, Jacob) |
| Filing 26 Joint MOTION for Extension of Time Deadline to Respond to Plaintiff's Motion for Summary Judgment by Westchester Fire Insurance Company, filed. Motion Docket Date 12/14/2021. (Attachments: #1 Proposed Order)(Damrill, Jacob) |
| Filing 25 DESIGNATION OF EXPERT WITNESS LIST by Westchester Fire Insurance Company, filed.(Damrill, Jacob) |
| Filing 24 NOTICE of Appearance by Jacob B. Damrill on behalf of Westchester Fire Insurance Company, filed. (Damrill, Jacob) |
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Filing 23
ORDER. The Court GRANTS Defendant Eagle Smart Solutions, LLC's Unopposed #22 Motion for Extension of Time to Join Additional Parties. The Court EXTENDS the deadline for joinder of all parties until 12/13/2021. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Filing 22 Unopposed MOTION for Extension of Time Join Additional Parties by Eagle Smart Solutions, LLC, filed. Motion Docket Date 12/7/2021. (Attachments: #1 Proposed Order)(Maddox, Edward) |
| Filing 21 Opposed MOTION for Summary Judgment by Comercial Riamey Centro Cambiario, SA de CV, filed. Motion Docket Date 12/3/2021. (Attachments: #1 Affidavit 1 Declaration of Andres Vazquez, #2 Exhibit 2 Certificate of Formation, #3 Affidavit 3 of Alberto Alarcon, #4 Exhibit 4 Certificate of Amendment, #5 Exhibit 5 Public Information Report, #6 Exhibit 6 Public Information Report, #7 Exhibit 7 Public Information Report, #8 Affidavit 8 of Marco A Morales, #9 Exhibit 9 Consent Order, #10 Exhibit 10 Bond, #11 Exhibit 11 Bond, #12 Exhibit 12 Receipt, #13 Exhibit 13 CBP Report, #14 Exhibit 14 Payment Receipt, #15 Exhibit 15 Receipt, #16 Exhibit 16 CBP Report, #17 Proposed Order)(Alarcon, J) |
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Filing 20
CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by Comercial Riamey Centro Cambiario, SA de CV, Eagle Smart Solutions, LLC, and Westchester Fire Insurance Company and ORDER TRANSFERRING CASE to Magistrate Judge John A. Kazen. Judge Marina Garcia Marmolejo no longer assigned to the case. (Signed by Judge Marina Garcia Marmolejo) Parties notified. (JessicaGRodriguez, 5)
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| Filing 19 DESIGNATION OF EXPERT WITNESS LIST by Comercial Riamey Centro Cambiario, SA de CV, filed. (Attachments: #1 Unredacted attachment, #2 Unredacted attachment)(Alarcon, J) |
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Filing 18
SCHEDULING ORDER. Joinder of Parties due by 11/19/2021. Initial Written Discovery due by 9/15/2021. Pltf Expert Witness List due by 10/15/2021. Deft Expert Witness List due by 11/19/2021. Pltf Amend Pleadings due by 10/29/2021. Deft Amend Pleadings due by 12/3/2021. Discovery due by 2/11/2022. Mediation due by 2/11/2022. Dispositive Motion Filing due by 3/4/2022. Initial Disclosures due by 9/1/2021. Status Conference set for 12/7/2021 at 09:00 AM by telephone before Magistrate Judge John A Kazen. (Signed by Magistrate Judge John A Kazen) Parties notified.(dmorales, 5)
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| Minute Entry for proceedings held before Magistrate Judge John A. Kazen. INITIAL PRETRIAL & SCHEDULING CONFERENCE held on 8/11/2021. 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. Defendant Eagle Smart Solutions has objected to venue in its Answer but has not filed a motion to transfer. The Court confirmed that all parties consent to trial and final judgment with the Magistrate Judge, and the transfer order will be circulated. The Court then turned to the proposed scheduling order in this case. The parties generally intend to promptly depose the seminal witness, Marcos Morales, but disagree about how much written discovery should be conducted before that deposition is taken. Agreement was reached as to all scheduling order dates. The Court admonished the parties to diligently comply with all deadlines. The Court will issue a scheduling order. 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, which will be strictly construed. The Court emphasized the importance of conferring before filing opposed motions and of providing the Court with prompt notification of settlement. A telephonic status conference was SET for 12/7/2021 at 9:00 a.m. A written scheduling order will follow. Appearances by Zoom videoconference: J. Alberto Alarcon and Guillermo Alarcon f/PLAINTIFF. Edward Maddox f/DEFENDANT Eagle Smart Solutions. Phillip Pemberton f/DEFENDANT Westchester Fire Insurance. [TIME: 10:05-11:06AM] (ERO:Margarat Peregoy)(dgonzalez, 5) |
| Filing 17 NOTICE of Resetting. Parties notified. Initial Pretrial and Scheduling Conference RESET to 8/11/2021 at 10:00 AM by video before Magistrate Judge John A Kazen, filed. (JessicaGRodriguez, 5) |
| Filing 16 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Westchester Fire Insurance Company, filed.(Ward, Christopher) |
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Filing 15
ORDER granting Defendant Eagle Smar Solutions, LLC's #13 Unopposed MOTION for Extension of Time to Answer and Joint Motion to Continue Scheduling Conference and Deadline for Initial Disclosure. Defendant's deadline to file an answer is EXTENDED to July 12, 2021. Additionally, the deadline for parties to exchange initial disclosures is EXTENDED to August 3, 2021. The Court RESETS the Initial Pretrial and Scheduling Conference in this matter to August 10, 2021 at 10:00 AM by video before Magistrate Judge John A Kazen. The parties shall prepare a joint report that reflects the parties' detailed case management plan, including a completed proposed Scheduling Order, no later than August 3, 2021. Except for the modifications referenced herein, the Court's June 7, 2021 Order for Conference, remains in full force and effect. (Signed by Magistrate Judge John A Kazen) Parties notified.(dmorales, 5)
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| Filing 14 ANSWER to #1 Complaint, by Eagle Smart Solutions, LLC, filed.(Maddox, Edward) |
| Filing 13 Unopposed MOTION for Extension of Time to Answer and Joint Motion to Continue Scheduling Conference and Deadline for Initial DisclosureMotions referred to John A Kazen. by Eagle Smart Solutions, LLC, filed. Motion Docket Date 8/2/2021. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Order)(Maddox, Edward) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Comercial Riamey Centro Cambiario, SA de CV, filed.(Alarcon, J) |
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Filing 11
ORDER FOR CONFERENCE AND DISCLOSURE OF INTERESTED PARTIES. Initial Pretrial and Scheduling Conference set for 7/21/2021 at 11:00 AM by video before Magistrate Judge John A Kazen. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Filing 10 CORPORATE DISCLOSURE STATEMENT by Westchester Fire Insurance Company identifying Chubb US Holdings, Inc. as Corporate Parent, filed.(Ward, Christopher) |
| Filing 9 NOTICE of Appearance by Tania Sethi on behalf of Westchester Fire Insurance Company, filed. (Ward, Christopher) |
| Filing 8 NOTICE of Appearance by Phillip W. Pemberton on behalf of Westchester Fire Insurance Company, filed. (Ward, Christopher) |
| Filing 7 ANSWER to #1 Complaint, by Westchester Fire Insurance Company, filed.(Ward, Christopher) |
| Filing 6 CERTIFICATE OF SERVICE by Comercial Riamey Centro Cambiario, SA de CV, filed. (Attachments: #1 Affidavit Proof of Service)(Alarcon, J) |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Eagle Smart Solutions, LLC served on 3/20/2021, answer due 5/19/2021, filed.(Alarcon, J) |
| Summons Issued as to Westchester Fire Insurance Company. Issued summons delivered to plaintiff by First-class mail, filed.(dmorales, 5) |
| Filing 4 Request for Issuance of Summons as to Comercial Riamey Centro Cambiario, SA de CV, filed.(Alarcon, J) |
| Summons Issued as to All Defendants. Issued summons delivered to plaintiff by First-class mail, filed.(vcantu, 5) |
| Filing 3 Request for Issuance of Summons as to Westchester Fire Insurance Company, filed.(Alarcon, J) |
| Filing 2 Request for Issuance of Summons as to Eagle Smart Solutions, LLC, filed.(Alarcon, J) |
| Filing 1 COMPLAINT against Comercial Riamey Centro Cambiario, SA de CV (Filing fee $ 402 receipt number 0541-26046530) filed by Comercial Riamey Centro Cambiario, SA de CV. (Attachments: #1 Exhibit 1 Bond, #2 Exhibit 2 Bond Renewal, #3 Exhibit 3 Receipt, #4 Exhibit 4 Receipt, #5 Civil Cover Sheet)(Alarcon, J) |
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