Avila Chavez v. GALA SCL SA DE CV et al
Plaintiff: Jose Antonio Avila Chavez and Thomas W. LaFleur
Defendant: GALA SCL SA DE CV and Osmarcos Aguilar Ramirez
Case Number: 5:2023cv00022
Filed: February 16, 2023
Court: US District Court for the Southern District of Texas
Presiding Judge: Diana Song Quiroga
Referring Judge: Diana Saldana
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2023 Opinion or Order Filing 10 SCHEDULING ORDER. Serve Initial Written Discovery by 4/30/2023. pltf Amended Pleadings due by 11/30/2023. Deft Amended Pleadings due by 12/15/2023. Joinder of Parties due by 11/30/2023 Pltf Expert Report due by 10/6/2023. Deft Expert Witness List due by 11/17/2023. Discovery due by 12/29/2023. ADR due by 12/15/2023. Opt into Court Mediation by 12/20/2023. Agreed Mediator due by 12/20/2023 Dispositive Motion Filing due by 12/29/2023. Status Conference set for 2/2/2024 at 09:20 AM before Magistrate Judge Diana Song Quiroga(Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(DanyaGarza, 5)
April 12, 2023 Minute Entry for proceedings held before Magistrate Judge Diana Song Quiroga. INITIAL PRETRIAL AND SCHEDULING CONFERENCE held on 4/11/2023. Plaintiffs appeared via Zoom through counsel Louis Durbin, and Defendant Gala SCL SA de CV appeared via Zoom through counsel Tamara Rodriguez. The Court held a scheduling conference. This is a claim arising out of a multiple-vehicle automobile collision action. Defendant Ramirez, the alleged driver, is Mexican and service abroad pursuant to Hague Convention will be pursued. Plaintiff is working on filing an amended complaint to account for this. There may be additional intervenors from the eight outstanding vehicles and drivers involved in the collision (of the ten total drivers and vehicles involved). Plaintiff anticipates deposing experts. In comparison to Plaintiff LaFleur, Plaintiff Avila Chavez is still being treated and has an extensive medical history. The Court reviewed with the parties their request to extend some of the proposed deadlines. Parties have not yet exchanged initial disclosures but will do so by today. The deadline for joinder, which is not anticipated to be sought by current parties in the case, is November 30, 2023. Parties will designate expert witnesses and exchange reports on October 6, 2023 for Plaintiffs, and on November 17, 2023 for Defendant. Any ADR must be completed by December 15, 2023. Discovery will close on December 29, 2023, and Parties shall file any dispositive motions or motions to exclude by that same date, December 29, 2023. A status conference is expected in February 2024. The Court will issue a scheduling order with the aforementioned agreed-upon dates. Appearances: Attorney Louis Durbin f/PLAINTIFFS; Attorney Tamara Rodriguez f/DEFENDANT Gala SCL SA de CV. (9:48 a.m. 10:12a.m.) (ERO: Raul Gamas) (RachelRein, 5)
April 10, 2023 Opinion or Order Filing 9 ORDER granting #7 Motion for George Deutsch to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(mlramirez, 5)
April 10, 2023 Opinion or Order Filing 8 ORDER granting #5 Motion for Louis Durbin to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(mlramirez, 5)
April 10, 2023 Filing 7 MOTION for George Deutsch to Appear Pro Hac ViceMotions referred to Diana Song Quiroga. by Jose Antonio Avila Chavez, Thomas W. LaFleur, filed. Motion Docket Date 5/1/2023. (Wyatt, Paula)
April 6, 2023 Filing 6 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Jose Antonio Avila Chavez, Thomas W. LaFleur, filed.(Wyatt, Paula)
April 6, 2023 Filing 5 MOTION for Louis Durbin to Appear Pro Hac ViceMotions referred to Diana Song Quiroga. by Jose Antonio Avila Chavez, filed. Motion Docket Date 4/27/2023. (Wyatt, Paula)
April 5, 2023 Filing 4 CERTIFICATE OF INTERESTED PARTIES by Jose Antonio Avila Chavez, filed.(Wyatt, Paula)
April 5, 2023 Filing 3 CERTIFICATE OF INTERESTED PARTIES by GALA SCL SA DE CV, filed.(Rodriguez, Tamara)
March 21, 2023 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/11/2023 at 09:40 AM in by video before Magistrate Judge Diana Song Quiroga(Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(DavidMorales, 5)
February 16, 2023 Filing 1 NOTICE OF REMOVAL from 406th District Court, case number 2022cva000931d4 (Filing fee $ 402 receipt number ATXSDC-29484239) filed by GALA SCL SA DE CV. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit State Docket Sheet, #3 Exhibit Plaintiff's Amended Petition, #4 Exhibit Citation and Return of Service for GALA, #5 Exhibit Defendant GALA SCL Original Answer, #6 Exhibit Defendant GALA SCL Jury Trial, #7 Exhibit Index of Matters Being Filed)(Rodriguez, Tamara)

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Plaintiff: Jose Antonio Avila Chavez
Represented By: Paula James Wyatt
Represented By: George Carlton Deutsch, III
Represented By: Louis Durbin
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Plaintiff: Thomas W. LaFleur
Represented By: Paula James Wyatt
Represented By: George Carlton Deutsch, III
Represented By: Louis Durbin
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Defendant: GALA SCL SA DE CV
Represented By: Tamara L Rodriguez
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Defendant: Osmarcos Aguilar Ramirez
Represented By: Tamara L Rodriguez
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