Mack Trucks, Inc. v. Victoria Mack LLC
Plaintiff: Mack Trucks, Inc.
Defendant: International Trucks of Houston, L.L.C., Kyrish Real Estate Limited Partnership and Victoria Mack, LLC
Case Number: 6:2014cv00022
Filed: March 20, 2014
Court: US District Court for the Southern District of Texas
Office: Victoria Office
County: Victoria
Presiding Judge: Nancy F Atlas
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 15, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2014 Opinion or Order Filing 40 ORDER OF DISMISSAL GRANTED #39 Agreed MOTION to Dismiss. Case terminated on 8/15/2014(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
August 15, 2014 Filing 39 Agreed MOTION to Dismiss by Mack Trucks, Inc., filed. Motion Docket Date 9/5/2014. (Attachments: #1 Proposed Order granting dismissal)(Donley, Billy)
July 30, 2014 Opinion or Order Filing 38 ORDER granting #37 Motion to Abate.this case is ABATED until September 5, 2014. It is furtherORDERED that on or before September 8, 2014, counsel shall file either anappropriate dismissal order or a joint motion to vacate or extend the abatement.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
July 30, 2014 Filing 37 Second MOTION to Abate by Mack Trucks, Inc., filed. Motion Docket Date 8/20/2014. (Attachments: #1 Proposed Order granting Motion to Abate)(Donley, Billy)
June 27, 2014 Opinion or Order Filing 36 ORDER STAYING CASE GRANTED #35 Joint MOTION to Abate. this case is ABATED until July 28, 2014. It is furtherORDERED that on or before July 29, 2014, counsel shall file either anappropriate dismissal order or a joint motion to vacate the abatement. (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
June 27, 2014 Filing 35 Joint MOTION to Abate by Mack Trucks, Inc., filed. Motion Docket Date 7/18/2014. (Attachments: #1 Proposed Order Text of propsoed Order)(Donley, Billy)
June 23, 2014 Filing 34 RESPONSE in Opposition to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & Motion to Stay, filed by Mack Trucks, Inc.. (Donley, Billy)
June 10, 2014 Filing 33 ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc., by Victoria Mack, LLC, filed.(Cullen, Kevin)
June 5, 2014 Filing 32 NOTICE of Reassignment. Pursuant to General Order No. 2014-8, this case is reassigned to Judge Nancy F. Atlas. Deadlines in scheduling orders remain in effect. All court settings are vacated. Judge Gregg Costa no longer assigned to the case. Parties notified, filed. (dkelly, 4)
June 4, 2014 Filing 31 CERTIFICATE OF INTERESTED PARTIES by International Trucks of Houston, L.L.C., Kyrish Real Estate Limited Partnership, filed.(Walker, Ronald)
June 4, 2014 Filing 30 ANSWER to #16 Amended Complaint/Counterclaim/Crossclaim etc., by International Trucks of Houston, L.L.C., Kyrish Real Estate Limited Partnership, filed.(Walker, Ronald)
June 4, 2014 Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & Motion to Stay by International Trucks of Houston, L.L.C., Kyrish Real Estate Limited Partnership, filed. Motion Docket Date 6/25/2014. (Attachments: #1 Exhibit A)(Walker, Ronald)
May 21, 2014 Filing 28 RETURN of Service of SUMMONS Executed as to Kyrish Real Estate Limited Partnership served on 5/14/2014, answer due 6/4/2014, filed.(mmapps, 4)
May 21, 2014 Filing 27 RETURN of Service of SUMMONS Executed as to International Trucks of Houston, L.L.C. served on 5/14/2014, answer due 6/4/2014, filed.(mmapps, 4)
May 20, 2014 Filing 26 REPLY to Response to #13 MOTION to Dismiss , filed by Victoria Mack, LLC. (Cullen, Kevin)
May 20, 2014 Filing 25 CERTIFICATE OF INTERESTED PARTIES by Victoria Mack, LLC, filed.(Cullen, Kevin)
May 20, 2014 Filing 24 INITIAL DISCLOSURES by Victoria Mack, LLC, filed. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C, #4 Exhibit Attachment D)(Cullen, Kevin)
May 19, 2014 Opinion or Order Filing 23 ORDER granting #22 Joint Motion to Re-Set Initial Pretrial and Scheduling Conference. Pretrial Conference set for 7/2/2014 at 02:00 PM before Judge Gregg Costa.(Signed by Judge Gregg Costa) Parties notified.(hledwig, 6)
May 15, 2014 Filing 22 Joint MOTION to Reset Initial Pretrial and Scheduling Conference by Mack Trucks, Inc., filed. Motion Docket Date 6/5/2014. (Donley, Billy)
May 12, 2014 Filing 21 RESPONSE to #20 Supplement to Vicoria Mack's Motion to Abate, filed by Mack Trucks, Inc.. (Attachments: #1 Exhibit A)(Donley, Billy)
May 12, 2014 Summons Re-Issued as to International Trucks of Houston, L.L.C., Kyrish Real Estate Limited Partnership and sent by first class mail, filed.(ltrevino, 3)
May 7, 2014 Filing 20 SUPPLEMENT to #13 MOTION to Dismiss by Victoria Mack, LLC, filed. (Attachments: #1 Exhibit Attachment A 818.12, #2 Exhibit Attachment B 818.16)(Cullen, Kevin)
April 28, 2014 Summons Issued as to International Trucks of Houston, L.L.C., Kyrish Real Estate Limited Partnership. Issued summons returned to plaintiff by: First-class mail, filed.(lusmith, 3)
April 25, 2014 Filing 19 Request for Issuance of Summons as to Kyrish Real Estate Limited Partnership, filed.(Donley, Billy)
April 25, 2014 Filing 18 Request for Issuance of Summons as to International Trucks of Houston, L.L.C., filed.(Donley, Billy)
April 21, 2014 Filing 17 RESPONSE to #13 MOTION to Dismiss filed by Mack Trucks, Inc.. (Donley, Billy)
April 17, 2014 Filing 16 First AMENDED Original Complaint against Victoria Mack, LLC, International Trucks of Houston, L.L.C., Kyrish Real Estate Limited Partnership filed by Mack Trucks, Inc.. (Attachments: #1 Exhibit A - Dealer Agreement, #2 Exhibit B - Purchase Agreement, #3 Exhibit C - letter dated March 19, 2014)(Donley, Billy)
April 9, 2014 Filing 15 CERTIFICATE OF INTERESTED PARTIES by Mack Trucks, Inc., filed.(Donley, Billy)
April 2, 2014 Filing 14 NOTICE of Withdrawal of re: #4 MOTION for Preliminary Injunction by Mack Trucks, Inc., filed. (Donley, Billy)
April 2, 2014 *** Motion hearing scheduled for 4/2/14 is cancelled per e-mail received from parties., filed. (arrivera, 3)
April 1, 2014 Filing 13 MOTION to Dismiss by Victoria Mack, LLC, filed. Motion Docket Date 4/22/2014. (Attachments: #1 Exhibit A - 1 of 3, #2 Exhibit A - 2 of 3, #3 Exhibit A - 3 of 3, #4 Exhibit B)(Cullen, Kevin)
March 31, 2014 Filing 12 NOTICE of Appearance by Glen Shu on behalf of Mack Trucks, Inc., filed. (Donley, Billy)
March 28, 2014 Filing 11 RETURN of Service of SUMMONS Executed as to Mack Trucks, Inc. served on 3/28/2014, answer due 4/18/2014, filed.(Donley, Billy)
March 25, 2014 Opinion or Order Filing 10 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Telephone Conference set for 5/28/2014 at 11:45 AM by telephone before Judge Gregg Costa(Signed by Judge Gregg Costa) Parties notified.(ccarnew, 3)
March 24, 2014 Filing 9 NOTICE of Setting as to #4 MOTION for Preliminary Injunction. Parties notified. Motion Hearing set for 4/2/2014 at 05:30 PM in 4th Floor Courtroom before Judge Gregg Costa, filed. (arrivera, 3)
March 24, 2014 Filing 8 SUPPLEMENT to #4 MOTION for Preliminary Injunction by Mack Trucks, Inc., filed. (Attachments: #1 Exhibit B- Decalaration of David Winner to Supplemental Brief, #2 Exhibit C- Ford v. DeMontrond unpublished S.D. Tex. order, #3 Exhibit D- Ciena v. Nortel unpublished opinion, #4 Exhibit E - Occidental v. ETC unpublished opinion)(Donley, Billy)
March 21, 2014 Opinion or Order Filing 7 ORDER. Additional Briefing due by 3/24/2014(Signed by Judge Gregg Costa) Parties notified.(arrivera, 3)
March 21, 2014 Filing 6 CORPORATE DISCLOSURE STATEMENT by Mack Trucks, Inc. identifying AB Volvo as Corporate Parent, filed. (Attachments: #1 Second Copy of Corporate Disclosure Statement)(Donley, Billy)
March 21, 2014 Summons Issued as to Victoria Mack, LLC. Issued summons returned to plaintiff by: First-class mail, filed.(lusmith, 3)
March 20, 2014 Filing 5 MEMORANDUM in Support re: #4 MOTION for Preliminary Injunction by Mack Trucks, Inc., filed.(Donley, Billy)
March 20, 2014 Filing 4 MOTION for Preliminary Injunction by Mack Trucks, Inc., filed. Motion Docket Date 4/10/2014. (Attachments: #1 Exhibit A- Verification and Declaration of David Winner, #2 Exhibit B- LEtter Exercising Right of First Refusal, #3 Exhibit Certificate of Counsel on Notice to Defendant)(Donley, Billy)
March 20, 2014 Filing 3 Civil Cover Sheet by Mack Trucks, Inc., filed.(Donley, Billy)
March 20, 2014 Filing 2 Request for Issuance of Summons as to Victoria Mack, LLC, filed.(Donley, Billy)
March 20, 2014 Filing 1 COMPLAINT against Victoria Mack, LLC (Filing fee $ 400 receipt number 0541-12904543) filed by Mack Trucks, Inc..(Donley, Billy)

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Defendant: International Trucks of Houston, L.L.C.
Represented By: Ronald B Walker
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Defendant: Kyrish Real Estate Limited Partnership
Represented By: Ronald B Walker
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Defendant: Victoria Mack, LLC
Represented By: Kevin Dudley Cullen
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Plaintiff: Mack Trucks, Inc.
Represented By: Billy Martin Donley
Represented By: Pengcheng Glen Shu
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