CHEP CONTAINER AND POOLING SOLUTIONS, INC. v. CADENA et al
| CHEP CONTAINER AND POOLING SOLUTIONS, INC. |
| HECTOR J. CADENA, HECTOR J. CADENA D/B/A KC&M LOGISTICS, KCM INTERNATIONAL GROUP, INC., CRUZ FILEMON VARGAS D/B/A D&O SURPLUS MERCHANDISE, DANIEL A. VARGAS, SR., DANIEL A. VARGAS, JR. and CRUZ FILEMON VARGAS |
| 5:2022cv00094 |
| October 7, 2022 |
| US District Court for the Southern District of Texas |
| John A Kazen |
| Marina Garcia Marmolejo |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 STIPULATION of Dismissal by Defendants Cruz Filemon Vargas and Daniel A. Vargas, Jr. and by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed.(Daaboul, Rola) |
| Filing 22 STIPULATION re: Stipulation and Joint Motion for Entry of Order Approving Settlement Agreement & Providing Permanent Injunctive Relief by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. (Attachments: #1 Exhibit A - Settlement Agreement & Release of Claims, #2 Exhibit B - Consent Judgment)(Daaboul, Rola) |
Filing 21
ORDER. Plaintiff is ORDERED to file detailed affidavits and any other documentary evidence proving damages by June 9, 2023. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(SylviaCGonzalez, 5)
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Filing 20
ORDER. The parties may submit a revised settlement agreement for the Courts review by May 24, 2023.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(DeliaMGonzalez, 5)
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| Filing 19 STIPULATION re: Joint Motion for Entry of Order Approving Settlement Agreement and Providing Permanent Injunctive Relief by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Daaboul, Rola) |
| Filing 18 Plaintiff's Notice of Filing Proof of Service by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. (Attachments: #1 Exhibit A)(Daaboul, Rola) |
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Filing 17
ORDER. The Court ORDERS Plaintiff to file copies of the return receipts for the certified mail by which Plaintiff served Defendants with the motion for default judgment. Plaintiff shall file such receipts by 2/24/2023, or if Plaintiff has not yet received the return receipts within seven (7) days of Plaintiff's receipt of the return receipts. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5)
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| Filing 16 MOTION for Entry of Default against HECTOR J. CADENA, HECTOR J. CADENA D/B/A KC&M LOGISTICS, KCM INTERNATIONAL GROUP, INC. by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. Motion Docket Date 3/7/2023. (Attachments: #1 Proposed Order)(Daaboul, Rola) |
| Filing 15 Clerks ENTRY OF DEFAULT against HECTOR J. CADENA, HECTOR J. CADENA D/B/A KC&M LOGISTICS, KCM INTERNATIONAL GROUP, INC. granting #13 MOTION for Entry of Default against HECTOR J. CADENA, HECTOR J. CADENA D/B/A KC&M LOGISTICS, KCM INTERNATIONAL GROUP, INC. Parties notified.(bmendoza, 5) |
| Filing 14 ANSWER to #4 Amended Complaint/Counterclaim/Crossclaim etc. by CRUZ FILEMON VARGAS, DANIEL A. VARGAS, JR., DANIEL A. VARGAS, SR., filed.(Uribe, Derly) |
| Filing 13 MOTION for Entry of Default against HECTOR J. CADENA, HECTOR J. CADENA D/B/A KC&M LOGISTICS, KCM INTERNATIONAL GROUP, INC. by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. Motion Docket Date 2/16/2023. (Attachments: #1 Proposed Order)(Daaboul, Rola) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed.(Daaboul, Rola) |
| Filing 11 NOTICE of Appearance by Bentley Harris on behalf of CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. (Harris, Catherine) |
| Filing 10 RETURN of Service of SUMMONS Executed as to CRUZ FILEMON VARGAS D/B/A D&O SURPLUS MERCHANDISE served on 1/2/2023, answer due 1/23/2023; CRUZ FILEMON VARGAS served on 1/2/2023, answer due 1/23/2023, filed. (Attachments: #1 Cruz Filemon Vargas dba D&O Surplus Merchandise)(Daaboul, Rola) |
| Filing 9 RETURN of Service of SUMMONS Executed as to HECTOR J. CADENA served on 12/30/2022, answer due 1/20/2023; HECTOR J. CADENA D/B/A KC&M LOGISTICS served on 12/30/2022, answer due 1/20/2023; KCM INTERNATIONAL GROUP, INC. served on 12/30/2022, answer due 1/20/2023, filed. (Attachments: #1 Hector Cadena dba KC&M Logistics, #2 KC&M Logistics International, Inc.)(Daaboul, Rola) |
| Filing 8 RETURN of Service of SUMMONS Executed as to DANIEL A. VARGAS, JR. served on 12/29/2022, answer due 1/19/2023; DANIEL A. VARGAS, SR. served on 12/29/2022, answer due 1/19/2023, filed. (Attachments: #1 Return of Service)(Daaboul, Rola) |
| Filing 7 Summons Issued as to HECTOR J. CADENA, CRUZ FILEMON VARGAS D/B/A D&O SURPLUS MERCHANDISE, HECTOR J. CADENA D/B/A KC&M LOGISTICS, KCM INTERNATIONAL GROUP, INC., CRUZ FILEMON VARGAS, DANIEL A. VARGAS, JR., DANIEL A. VARGAS, SR.. Issued summons delivered to plaintiff by NEF, filed.(ElliotGallegos, 5) |
| Filing 6 Request for Issuance of Summons as to CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. (Attachments: #1 C. Vargas Summons, #2 D. Vargas, Jr. Summons, #3 D. Vargas, Sr. Summons, #4 KC&M Summons, #5 Cadena dba KC&M Summons, #6 Cadena Summons)(Daaboul, Rola) |
| Filing 5 NOTICE of Filing Supplement to Plaintiff's Amended Complaint re: #4 Amended Complaint/Counterclaim/Crossclaim etc. by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. (Attachments: #1 Exhibit 1 - Executed Verification of Michael Novara in Support of Plaintiff's Amended Complaint)(Daaboul, Rola) |
| Filing 4 AMENDED COMPLAINT with Jury Demand against All Defendants filed by CHEP CONTAINER AND POOLING SOLUTIONS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Daaboul, Rola) |
| Filing 3 BRIEF Demonstrating The Court's Subject Matter Jurisdiction Over Plaintiff's Claims Pursuant to the Court's Order [ECF No. 2] re: #2 Order,, by CHEP CONTAINER AND POOLING SOLUTIONS, INC., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Daaboul, Rola) |
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Filing 2
ORDER the Court ORDERS Plaintiff to submit briefing demonstrating why this case should not be dismissed for lack of subject matter jurisdiction no later than October 26, 2022. Plaintiffs briefing must address the Courts concerns as discussed above. Plaintiffs briefing must include specific citations to legal authority. Finally, if Plaintiff in good faith believes that jurisdiction exists,2 the Court GRANTS Plaintiff leave to amend and ORDERS Plaintiff to file an amended complaint, if any, no later than October 26, 2022. See 28 U.S.C. 1653.(Signed by Magistrate Judge John A Kazen) Parties notified.(bmendoza, 5)
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| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-28893857) filed by CHEP CONTAINER AND POOLING SOLUTIONS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Daaboul, Rola) |
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