Escobar et al v. United States Department Of Agriculture
| Ms. Delma Escobar and Mr. Robert Escobar |
| United States Department Of Agriculture and United States of America |
| 7:2019cv00241 |
| July 18, 2019 |
| US District Court for the Southern District of Texas |
| Ricardo H Hinojosa |
| Motor Vehicle |
| 28 U.S.C. § 1346 Tort Claim |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 61 NOTICE of Setting. Parties notified. Status Conference set for 1/11/2024 at 04:00 PM before Judge Ricardo H Hinojosa, filed. (KathrynNelson, 7) |
Filing 60
Order Referring Case to Mediation, Deadlines terminated (Signed by Judge Ricardo H Hinojosa) Parties notified.(KarenLLopez, 7)
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| Filing 59 Joint MOTION for Cancellation of the the Final Pretrial Conference, scheduled for September 7, 2023, and for issuance of an Order requiring the parties to mediate the case within 90 days by United States of America, filed. Motion Docket Date 9/27/2023. (Attachments: #1 Proposed Order Granting Joint Motion for Cancellation of the the Final Pretrial Conference, scheduled for September 7, 2023, and for issuance of an Order requiring the parties to mediate the case within 90 days)(Guerra, David) |
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ORAL ORDER granting #59 Joint Motion for Cancellation of the Pretrial Conference, scheduled for September 7, 2023, and for issuance of an Order requiring the parties to mediate the case within 90 days. Pretrial Conference cancelled until further notice.(by Judge Ricardo H Hinojosa) Parties notified.(KathrynNelson, 7)
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Filing 58
ORDER Striking Document re: #56 Notice of Deposition filed by Delma Escobar.(Signed by Judge Ricardo H Hinojosa) Parties notified.(KarenLLopez, 7)
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| Filing 56 NOTICE to Take Deposition of Officer Israel Ortiz by Delma Escobar, filed. (Garcia, Ricardo) |
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Filing 55
ORDER Striking Document re: #54 Notice (Other), filed by Delma Escobar.(Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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| Filing 54 NOTICE of Filing of Affidavits by Delma Escobar, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Garcia, Ricardo) |
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Filing 53
ORDER EXTENDING TIME FOR COMPLETION OF DISCOVERY granting #52 Joint MOTION for Extension of Time Discovery ( Discovery due by 7/21/2023, Dispositive Motion Filing due by 7/31/2023, Joint Pretrial Order due by 8/31/2023, Non-Dispositive Motion Filing due by 7/31/2023, Pretrial Conference set for 9/7/2023 at 02:30 PM before Judge Ricardo H Hinojosa)(Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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| Filing 52 Joint MOTION for Extension of Time Discovery by Delma Escobar, filed. Motion Docket Date 4/24/2023. (Attachments: #1 Proposed Order Order Granting Joint Mtn for Ext of Disc DL)(Garcia, Ricardo) |
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Filing 51
ORDER EXTENDING TIME FOR COMPLETION OF DISCOVERY Discovery due by 3/22/2023. Dispositive Motion Filing due by 4/3/2023. Joint Pretrial Order due by 4/26/2023. Non-Dispositive Motion Filing due by 4/3/2023. Pretrial Conference set for 5/3/2023 at 02:30 PM before Judge Ricardo H Hinojosa(Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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ORAL ORDER granting #49 Joint Motion for Leave to File A Motion to Extend the Deadline for Completion of Discovery. Written order to follow.(by Judge Ricardo H Hinojosa) Parties notified.(KathrynNelson, 7)
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| Filing 50 Joint Proposed Pretrial Order by United States of America (Attachments: #1 Exhibit Defendant's Witness List, #2 Exhibit Defendant's Exhibit List, #3 Exhibit Defendant's Proposed Findings of Fact/Conclusions of Law)(Guerra, David) |
| Filing 49 Joint MOTION for Leave to File A Motion to Extend the Deadline for Completion of Discovery by Delma Escobar, filed. Motion Docket Date 12/13/2022. (Attachments: #1 Exhibit Joint Mtn for Extension of Discovery Deadline, #2 Proposed Order Prop Order Granting Joint Mtn for Ext of Disc DL)(Garcia, Ricardo) |
| Filing 48 NOTICE to Take Deposition of Jose Antonio Padron by Delma Escobar, filed. (Garcia, Ricardo) |
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Filing 47
ORDER granting #46 Joint MOTION to Allow Parties to Withdraw Pending Motions (Docket Nos. 27, 35 and 40) and Cancel Motions Hearing Scheduled for September 19, 2022. Deadlines terminated. (Signed by Judge Ricardo H Hinojosa) Parties notified.(JenniferNogueira, 7)
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| Filing 46 Joint MOTION to Allow Parties to Withdraw Pending Motions (Docket Nos. 27, 35 and 40) and Cancel Motions Hearing Scheduled for September 19, 2022 by United States of America, filed. Motion Docket Date 10/6/2022. (Attachments: #1 Proposed Order Granting Parties' Joint Motion to Withdraw Pending Motions and Cancel Motions Hearing Scheduled for September 19, 2022)(Guerra, David) |
| Filing 45 NOTICE of Setting. Parties notified. Motion Hearing set for 9/19/2022 at 04:00 PM before Judge Ricardo H Hinojosa, filed. (kanelson, 7) |
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Filing 44
ORDER EXTENDING TIME FOR COMPLETION OF DISCOVERY granting #43 Joint MOTION for Extension of Time for Completion of Discovery (and Entry of New Scheduling Order) (Discovery due by 10/11/2022, Dispositive Motion Filing due by 10/21/2022, Joint Pretrial Order due by 11/24/2022, Non-Dispositive Motion Filing due by 10/21/2022, Pretrial Conference reset for 12/1/2022 at 02:30 PM before Judge Ricardo H Hinojosa) (Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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| Filing 43 Joint MOTION for Extension of Time for Completion of Discovery (and Entry of New Scheduling Order) by United States of America, filed. Motion Docket Date 7/5/2022. (Attachments: #1 Proposed Order Granting an extension of the discovery deadline, and entering a new 120-day scheduling order)(Guerra, David) |
| Filing 42 NOTICE of Resetting. Parties notified. Pretrial Conference reset for 6/21/2022 at 4:00 P.M. before Judge Ricardo H Hinojosa, filed. (adelagarza, 7) |
| Filing 41 PROPOSED ORDER re: #40 Opposed MOTION for Leave to File Defendant's Response to Plaintiffs' Motion to Exclude Expert Witness and/or Alternatively for Protective Order, filed.(Guerra, David) |
| Filing 40 Opposed MOTION for Leave to File Defendant's Response to Plaintiffs' Motion to Exclude Expert Witness and/or Alternatively for Protective Order by United States of America, filed. Motion Docket Date 5/6/2022. (Attachments: #1 Exhibit 1 - Defendant's Response to Plaintiff's Motion, #2 Exhibit 2 - Exhibit 1 to Defendant's Response - Ornelas decision, #3 Exhibit 3 - Proposed Order Denying Plaintiffs' Motion to Exclude, #4*Motion for Leave* Proposed Order Granting Defendant's Motion for Leave to File Response)(Guerra, David) *Modified on 5/6/2022 (JenniferNogueira, 7). |
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Filing 39
ORDER Striking Document re: #38 Motion for Leave to File Document,,, filed by United States of America.(Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7)
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| Filing 38 Opposed MOTION for Leave to File Defendant's Response to Plaintiffs' Motion to Exclude Expert Witness and/or Alternatively for Protective Order by United States of America, filed. Motion Docket Date 5/4/2022. (Attachments: #1 Exhibit 1 - Defendant's Proposed Response to Plaintiffs' Motion to Exclude Expert Witness, #2 Exhibit 2 - Exhibit 1 to Defendant's Proposed Response to Plaintiffs' Motion to Exclude Expert Witness (Ornelas Decision), #3 Exhibit 3 - Exhibit 2 to Defendant's Proposed Response to Plaintiffs' Motion to Exclude Expert Witness (Proposed Order), #4 Proposed Order Granting Defendant's Motion for Leave to File Response to Plaintiffs' Motion to Exclude Expert Witness)(Guerra, David) |
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Filing 37
ORDER Striking Document re: #36 Response to Motion for Protective Order, filed by Delma Escobar.(Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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| Filing 36 RESPONSE in Opposition to #35 Opposed MOTION for Protective Order, filed by United States of America. (Attachments: #1 Exhibit Ornelas v Southern Tire Mart, #2 Proposed Order Denying Plaintiffs Motion to Exclude Defendants Expert and/or for Protective Order)(Guerra, David) |
| Filing 35 Opposed MOTION for Protective Order by Delma Escobar, filed. Motion Docket Date 4/8/2022. (Attachments: #1 Exhibit Exhibit A - Protective Order, #2 Exhibit Exhibit B - DME Protocol, #3 Exhibit Exhibit C - Affidavit, #4 Proposed Order Order Granting Plaintiffs' Motion for Protective Order)(Garcia, Ricardo) |
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Filing 34
ORDER Striking Document re: #33 Motion for Protective Order, filed by Delma Escobar.(Signed by Judge Ricardo H Hinojosa) Parties notified.(JenniferNogueira, 7)
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| Filing 33 Opposed MOTION for Protective Order by Delma Escobar, filed. Motion Docket Date 4/4/2022. (Attachments: #1 Exhibit Exhibit A - Protective Order, #2 Exhibit Exhibit B - DME Protocol, #3 Exhibit Exhibit C - Affidavit, #4 Proposed Order Order Granting Plaintiffs' Motion for Protective Order)(Garcia, Ricardo) |
| Filing 32 NOTICE OF FIRM NAME CHANGE by Delma Escobar, filed. (Garcia, Ricardo) |
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Filing 31
ORDER EXTENDING TIME FOR COMPLETION OF DISCOVERY granting #30 Joint Motion for Extension of Time Discovery Deadline. (Discovery due by 5/2/2022. Dispositive Motion Filing due by 5/12/2022. Joint Pretrial Order due by 6/1/2022. Non-Dispositive Motion Filing due by 5/12/2022. Pretrial Conference set for 6/8/2022 at 02:30 PM before Judge Ricardo H Hinojosa). (Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7)
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| Filing 30 Joint MOTION for Extension of Time Discovery Deadline by Delma Escobar, filed. Motion Docket Date 12/20/2021. (Attachments: #1 Proposed Order Granting 2nd Joint Motion for Extension)(Ochoa, Lino) |
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Filing 29
ORDER Striking Document re: #28 Notice of Deposition filed by Delma Escobar. (Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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| Filing 28 NOTICE to Take Deposition of Kirk Richardson by Delma Escobar, filed. (Ochoa, Lino) |
| Filing 27 Opposed MOTION for Physical Examination of Delma Escobar by United States of America, filed. Motion Docket Date 10/1/2021. (Attachments: #1 Proposed Order Granting MOTION FOR RULE 35 MEDICAL EXAMINATION OF PLAINTIFF)(Guerra, David) |
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Filing 26
ORDER EXTENDING TIME FOR COMPLETION OF DISCOVERY (Discovery due by 12/2/2021. Dispositive Motion Filing due by 12/12/2021. Joint Pretrial Order due by 12/29/2021. Non-Dispositive Motion Filing due by 12/12/2021. Pretrial Conference set for 1/5/2022 at 02:30 PM before Judge Ricardo H Hinojosa) (Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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| Filing 25 Joint MOTION for Extension of Time for Completion of Discovery by United States of America, filed. Motion Docket Date 8/27/2021. (Attachments: #1 Proposed Order Granting Joint Motion for Extension of Discovery Deadline and Issuance of New Deadlines and Dates)(Guerra, David) |
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Filing 24
ORDER EXTENDING TIME FOR COMPLETION OF DISCOVERY. (Discovery due by 8/24/2021. Dispositive Motion Filing due by 9/3/2021. Non-Dispositive Motion Filing due by 9/3/2021. Joint Pretrial Order due by 9/29/2021. Pretrial Conference set for 10/6/2021 at 02:30 PM before Judge Ricardo H Hinojosa) (Signed by Judge Ricardo H Hinojosa) Parties notified.(JenniferNogueira, 7)
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| Filing 23 Unopposed MOTION for Entry of Order re: Entry of 120-Day Rule 16 Scheduling Order by Delma Escobar, filed. Motion Docket Date 5/17/2021. (Attachments: #1 Proposed Order)(Rodriguez, Victor) |
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Filing 22
ORDER granting #21 Defendant's Agreed Motion for 60 Day Extension of Deadline for Completion of Mediation. Mediation shall occur no later than 2/3/2021.(Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7)
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| Filing 21 Agreed MOTION for Extension of Time FOR COMPLETION OF MEDIATION by United States of America, filed. Motion Docket Date 12/8/2020. (Attachments: #1 Proposed Order Granting Defendant United States' Agreed Motion to Extend Time to Complete Mediation)(Guerra, David) |
| Pretrial Conference is terminated. (kanelson, 7) |
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Filing 20
Order Referring Case to Mediation. (Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7)
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| Filing 19 Opposed AMENDED MOTION by Delma Escobar, filed. Motion Docket Date 10/26/2020. (Attachments: #1 Proposed Order Granting)(Ochoa, Lino) |
| Filing 18 Unopposed MOTION to Compel Mediation by Delma Escobar, filed. Motion Docket Date 10/23/2020. (Attachments: #1 Proposed Order Granting)(Ochoa, Lino) |
| Filing 17 Unopposed MOTION for Extension of Time Deadlines and Settings by Delma Escobar, filed. Motion Docket Date 10/23/2020. (Attachments: #1 Proposed Order Order Granting)(Ochoa, Lino) |
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Filing 16
ORDER EXTENDING TIME FOR COMPLETION OF DISCOVERY (Discovery due by 8/19/2020, Dispositive Motion Filing due by 8/29/2020, Joinder of Parties due by 8/29/2020, Joint Pretrial Order due by 10/14/2020, Non-Dispositive Motion Filing due by 8/29/2020, Pretrial Conference reset for 10/21/2020 at 02:30 PM before Judge Ricardo H Hinojosa)(Signed by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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| Filing 15 Joint MOTION for Continuance of Discovery Deadline and Other Settings by United States of America, filed. Motion Docket Date 5/7/2020. (Attachments: #1 Proposed Order Granting Joint Motion for 90 day Extension of Discovery Deadline and Other Settings)(Guerra, David) |
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Filing 14
RULE 16, F.R.C.P. SCHEDULING ORDER. Motion for Extension of Time Filing due by 04/21/2020. Joinder of Parties due by 5/31/2020 Discovery due by 5/21/2020. Dispositive Motion Filing due by 5/31/2020. Non-Dispositive Motion Filing due by 5/31/2020. Joint Pretrial Order due by 7/8/2020. Pretrial Conference set for 7/15/2020 at 02:30 PM before Judge Ricardo H Hinojosa(Signed by Judge Ricardo H Hinojosa) Parties notified.(kanelson, 7)
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| Minute Entry for proceedings held before Judge Ricardo H Hinojosa. INITIAL PRETRIAL CONFERENCE held on 1/22/2020. Case called on the docket. All parties present. The Court addressed style of case. Plaintiffs' counsel to file a motion for leave to file an amended complaint as stated on the record. The Court issued a Docket Control Order (4 months). Appearances: Ricardo Antonio Garcia, David Louis Guerra.(ERO:Tony Tijerina (9:33-9:38), filed.(adelagarza, 7) |
| Filing 13 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by United States of America, filed.(Guerra, David) |
| Filing 12 CERTIFICATE OF INTERESTED PARTIES by United States of America, filed.(Guerra, David) |
| Filing 11 ANSWER to #1 Complaint by United States of America, filed.(Guerra, David) |
| Filing 10 RETURN of Service of SUMMONS Executed as to All Defendants, filed.(Garcia, Ricardo) |
| Minute Entry for proceedings held before Judge Ricardo H Hinojosa. INITIAL PRETRIAL CONFERENCE held on 12/4/2019. Case called on the docket. Plaintiff's counsel Mr. Ochoa informed the Court an error was done on request of summons requested/issued by Plaintiff's and Defendant's answer is not due till 1/14/2020. The Court set Initial Pretrial Conference for 1/22/2020 at 09:30 A.M. before Judge Ricardo H Hinojosa. Appearances: Lino Ochoa.(ERO:Tony Tijerina (4:58), filed.(adelagarza, 7) |
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ORAL ORDER, Initial Pretrial Conference of 12/4/2019 has been reset as to time only to 4:30 P.M. (previously set for 2:30 P.M.) (by Judge Ricardo H Hinojosa) Parties notified.(adelagarza, 7)
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| Filing 9 Summons Issued as to United States Department Of Agriculture, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff via: ECF, filed.(klopez, 7) |
| Filing 8 Request for Issuance of Summons as to United States Department Of Agriculture, filed.(Garcia, Ricardo) |
| Minute Entry for proceedings held before Judge Ricardo H Hinojosa. INITIAL PRETRIAL CONFERENCE held on 10/17/2019. Case called on the docket. Plaintiff's counsel Mr. Ochoa announced Defendant's answer is not due till 10/18/2019. The Court reset Initial Pretrial Conference for 12/4/2019 at 02:30 P.M. before Judge Ricardo H Hinojosa. Appearances:Lino Ochoa.(ERO:Tony Tijerina (2:51-2:52), filed.(adelagarza, 7) |
| Filing 7 RETURN of Service of SUMMONS Executed as to United States Department Of Agriculture served on 8/19/2019, answer due 10/18/2019, filed.(Garcia, Ricardo) |
| Filing 6 NOTICE of Resetting. Parties notified. Initial Conference reset for 10/17/2019 at 02:30 PM before Judge Ricardo H Hinojosa (previously set for 10/9/2019), filed. (adelagarza, 7) |
| Filing 5 CERTIFICATE OF INTERESTED PARTIES by Delma Escobar, filed.(Garcia, Ricardo) |
| Filing 4 Request for Issuance of Summons as to United States Department Of Agriculture, filed.(Garcia, Ricardo) |
| Filing 3 *FILED IN ERROR(Attorney to re-file)* Request for Issuance of Summons as to United States Department Of Agriculture, filed.(Garcia, Ricardo) *Modified on 8/1/2019 (NelidaLosoya, 7). |
| Summons Issued as to United States Department Of Agriculture. Issued summons delivered to plaintiff by First-class mail, filed.(klopez, 7) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/9/2019 at 02:30 PM before Judge Ricardo H Hinojosa (by Judge Ricardo H Hinojosa) Parties notified.(klopez, 7)
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| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-22813985) filed by Delma Escobar.(Garcia, Ricardo) |
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