Esquivel v. Transportes de Carga FEMA S.A. de C.V. et al
| Daniel Esquivel |
| Transportes de Carga FEMA S.A. de C.V. and Obed Joas Borrego Quiroz |
| 5:2025cv00026 |
| March 5, 2025 |
| U.S. District Court for the Southern District of Texas |
| Marina Garcia Marmolejo |
| Diana Song Quiroga |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2025. A more recent docket listing may be available from PACER.
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Filing 13
ORDER. Accordingly, the Court REMANDS this action to the 406th District Court in Webb County, Texas. The Clerk of Court is DIRECTED to mail a certified copy of this Order to the Clerk of the Court in the 406th District Court in Webb County, Texas, as required by 28 U.S.C. 1447(c). (Signed by Judge Marina Garcia Marmolejo) Parties notified. (mtl5)
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| Filing 12 Unopposed MOTION to Remand by Daniel Esquivel, filed. Motion Docket Date 5/30/2025. (Attachments: #1 Proposed Order) (Jones, David) |
| Filing 11 ADVISORY by Daniel Esquivel, filed. (Jones, David) |
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Filing 10
ORDER. The parties are ORDERED to submit a joint advisory addressing Plaintiffs citizenship by May 7, 2025. (Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (mtl5)
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| Minute entry for proceedings held before Magistrate Judge Diana Song Quiroga. Initial Scheduling Conference held on April 28, 2025. Plaintiff appeared via Zoom through counsel David Jones and Defendant Transportes appeared via Zoom through counsel Joanna Salinas. This is a motor vehicle collision case. While Ms. Salinas is listed as representing Defendant Obed Joas Borrego Quiroz on the docket, she does not represent him. The parties agree that Ms. Salinas is not representing Defendant Quiroz and should be removed as his attorney. Plaintiff is in the process of serving Defendant Quiroz in Mexico through the Hague Convention Treaty. Plaintiff contests diversity jurisdiction. Mr. Jones claims Mr. Esquivel is a Mexican citizen, not a Texas citizen as alleged by Defendant in their notice of removal. When the Court inquired why Plaintiff had not moved to remand, he told the Court he confused this case with another case. The parties stated they will confer to resolve this issue. The Court and the parties discussed the needs of this litigation and discussed how those needs impacted pretrial management. After considering those needs, the Court and the parties adopted deadlines for each pretrial event. The Court will issue a scheduling order based on those deadlines. At the end of the conference, the Court reminded counselors to familiarize themselves with the local rules of Judge Garcia Marmolejo.Appearances: David Jones f/PLAINTIFF; Attorney Joanna Salinas f/DEFENDANT. (3:00 p.m. 3:30 p.m.) (ERO: Sylvia Gonzalez), filed. (som5) |
| Filing 9 Corrected JOINT DISCOVERY/CASE MANAGEMENT PLAN by Obed Joas Borrego Quiroz, Transportes de Carga FEMA S.A. de C.V., filed. (Salinas, Joanna) |
| Filing 8 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Daniel Esquivel, filed. (Jones, David) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Daniel Esquivel, filed. (Jones, David) |
| Filing 6 CERTIFICATE OF INTERESTED PARTIES by Transportes de Carga FEMA S.A. de C.V., filed. (Salinas, Joanna) |
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Filing 5
ORDER for CONFEREANCE AND DISCLOSURE OF INTERESTED PARTIES Initial Conference set for 4/28/2025 at 03:00 PM by video before Magistrate Judge Diana Song Quiroga (Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (tat5)
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Filing 4
ORDER This case is REFERRED to Magistrate Judge Diana Song Quiroga for pretrial proceedings up to and including the Rule 16 Pretrial Scheduling Conference and the corresponding scheduling order issued pursuant to Federal Rule of Civil Procedure 16(b). (Signed by Judge Marina Garcia Marmolejo) Parties notified. (ges5)
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| Filing 3 NOTICE of Change of Address by Gowan Law Group, P.C., counsel for Daniel Esquivel, filed. (Jones, David) |
| Referral Judge Selected: Magistrate Judge Diana Song Quiroga 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. (egg5) |
| Filing 2 NOTICE of Appearance by David L. Jones on behalf of Daniel Esquivel, filed. (Jones, David) |
| Filing 1 NOTICE OF REMOVAL from 406th Judicial District Court Webb County, case number 2024CVA000394D4 (Filing fee $ 405 receipt number ATXSDC-33021590) filed by Obed Joas Borrego Quiroz, Transportes de Carga FEMA S.A. de C.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Index of Matters Being Filed) (Salinas, Joanna) |
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