Kemper Valve & Fittings Corp. v. Texas Heat Treating, Inc.
Plaintiff: Texas Heat Treating, Inc.
Counter Plaintiff: Kemper Valve & Fittings Corp.
Case Number: 1:2013cv00853
Filed: September 23, 2013
Court: US District Court for the Western District of Texas
Office: Austin Office
Presiding Judge: Andrew W Austin
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 15, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2016 Opinion or Order Filing 73 ORDER GRANTING #70 Motion to Dismiss with Prejudice. IT IS FURTHER ORDEREDthat the Court will retain jurisdiction over the Settlement Agreement in this case. Signed by Judge Andrew W. Austin. (klw)
April 13, 2016 Filing 72 Minute Entry for proceedings held before Judge Andrew W. Austin: Motion Hearing held on 4/13/2016 re #70 Joint MOTION to Dismiss. (Minute entry documents are not available electronically.). (Court Reporter ERO.)(klw)
April 1, 2016 Filing 71 ATTACHMENT Agreed Order of Dismissal to #70 Joint MOTION to Dismiss by Kemper Valve & Fittings Corp.. (Knight, Joseph)
April 1, 2016 Filing 70 Joint MOTION to Dismiss by Kemper Valve & Fittings Corp.. (Knight, Joseph)
March 21, 2016 Filing 69 Minute Entry for proceedings held before Judge Andrew W. Austin: Telephone Status Conference held on 3/21/2016 (Minute entry documents are not available electronically.). (Court Reporter ERO.)(dm)
March 21, 2016 Opinion or Order Filing 68 ORDER Cancelling all pre-trial and trial settings. Parties are ORDERED to file a Joint Motion to Dismiss by 04/01/2016. Signed by Judge Andrew W. Austin. (ml)
March 21, 2016 Filing 67 NOTICE of Hearing: Telephone Conference set for 3/21/2016 at 3:30 PM before Judge Andrew W. Austin. (kkc)
March 21, 2016 Opinion or Order Filing 66 ORDER, (Final Pretrial Conference reset for 4/1/2016 10:00 AM before Judge Andrew W. Austin,). Signed by Judge Andrew W. Austin. (ml)
March 17, 2016 Filing 65 Exhibit List by Kemper Valve & Fittings Corp... (Knight, Joseph)
March 17, 2016 Filing 64 ATTACHMENT Proposed Order to #63 MOTION in Limine by Kemper Valve & Fittings Corp.. (Knight, Joseph)
March 17, 2016 Filing 63 MOTION in Limine by Kemper Valve & Fittings Corp.. (Knight, Joseph)
March 17, 2016 Filing 62 WITNESS LIST by Kemper Valve & Fittings Corp. (Knight, Joseph) Modified on 3/18/2016 to correct text (klw).
March 17, 2016 Filing 61 Pretrial Disclosures Designation of Deposition Testimony by Kemper Valve & Fittings Corp.. (Knight, Joseph)
March 17, 2016 Filing 60 Proposed Jury Verdict Form by Kemper Valve & Fittings Corp. (Knight, Joseph) Modified on 3/18/2016 to correct text (klw).
March 17, 2016 Filing 59 Proposed Jury Instructions by Kemper Valve & Fittings Corp. (Knight, Joseph)
March 17, 2016 Filing 58 Witness List by Kemper Valve & Fittings Corp. (Knight, Joseph) Modified on 3/18/2016 to correct text (klw).
March 17, 2016 Filing 57 ADVISORY TO THE COURT Estimate of Length of Trial by Kemper Valve & Fittings Corp. (Knight, Joseph) Modified on 3/18/2016 to modify text (klw).
March 17, 2016 Filing 56 STATEMENT OF CLAIMS by Kemper Valve & Fittings Corp.. (Knight, Joseph) Modified on 3/18/2016 to correct text (klw).
March 17, 2016 Filing 55 Pretrial Disclosures Estimate of the Probable Length of Trial by Texas Heat Treating, Inc.. (Simses, Richard)
March 17, 2016 Filing 54 MOTION in Limine by Texas Heat Treating, Inc.. (Attachments: #1 Proposed Order)(Simses, Richard)
March 17, 2016 Filing 53 Proposed Jury Instructions and Verdict Form by Texas Heat Treating, Inc.. (Simses, Richard) Modified on 3/18/2016 to modify text (klw).
March 17, 2016 Filing 52 AMENDED WITNESS/EXHIBIT/EXPERT LIST by Texas Heat Treating, Inc. Disclosure of Trial Witnesses, Testifying Expert, Trial Exhibits, and Demonstrative Evidence. (Attachments: #1 Exhibit A-Trial Exhibits List, #2 Exhibit Depo Designations of John Murray, #3 Exhibit Depo Designations of Eduardo Salinas, #4 Exhibit Depo Designations of James Wagner, #5 Exhibit Depo Designations of Robert Weldon)(Simses, Richard) Modified on 3/18/2016 (klw).
March 17, 2016 Filing 51 WITNESS/EXHIBIT/EXPERT LIST by Texas Heat Treating, Inc. Disclosure of Trial Witnesses, Testifying Expert, Trial Exhibits, and Demonstrative Evidence. (Attachments: #1 Exhibit A-Trial Exhibits List)(Simses, Richard)
March 17, 2016 Filing 50 STIPULATION Stipulated Facts by Texas Heat Treating, Inc.. (Simses, Richard)
March 17, 2016 Filing 49 STATEMENT OF FACTS Statement of the Case by Texas Heat Treating, Inc. by Texas Heat Treating, Inc.. (Simses, Richard)
March 4, 2016 Opinion or Order Filing 48 ORDER re: pretrial matters and court decorum. Signed by Judge Andrew W. Austin. (klw)
March 1, 2016 Opinion or Order Filing 47 ORDER on Courtroom Decorum and Trial Procedures. Signed by Judge Andrew W. Austin. (klw)
February 11, 2016 Filing 46 NOTICE of Change of Address by Stephanie Frederique Cagniart (Cagniart, Stephanie)
February 10, 2016 Filing 45 NOTICE of Change of Address by Richard M. Simses (Simses, Richard)
January 4, 2016 Opinion or Order Filing 44 ORDER GRANTING #43 Motion to Restyle Case. Signed by Judge Andrew W. Austin. (dm)
December 23, 2015 Filing 43 Unopposed MOTION to Restyle Case by Texas Heat Treating, Inc.. (Attachments: #1 Proposed Order)(Simses, Richard)
October 20, 2015 Filing 42 STIPULATION of Dismissal of Texas Heat Treating, Inc.'s Affirmative Claims for Relief by Texas Heat Treating, Inc.. (Simses, Richard)
July 7, 2015 Opinion or Order Text Order GRANTING #41 Motion to Withdraw as Attorney entered by Judge Andrew W. Austin. Messrs. Vicklund and Petree are permitted to withdraw, and Mr. Simses shall remain as lead counsel for Plaintiff. The clerk is directed to update the address for Mr. Simses to reflect his change of firm.(This is a text-only entry generated by the court. There is no document associated with this entry.) (AWA)
July 2, 2015 Filing 41 MOTION to Withdraw as Attorney by Texas Heat Treating, Inc.. (Attachments: #1 Proposed Order)(Vicklund, Jon)
July 1, 2015 Correcting hearing date in system. (klw)
May 29, 2015 Filing 40 Third Amended ANSWER to #37 Amended Complaint, with Jury Demand , Second COUNTERCLAIM against Texas Heat Treating, Inc. by Kemper Valve & Fittings Corp..(Knight, Joseph)
May 22, 2015 Filing 39 AMENDED ANSWER to #38 Amended Counterclaim by Texas Heat Treating, Inc.. (Simses, Richard)
May 15, 2015 Filing 38 Kemper Valve & Fittings Corp.'s Second AMENDED ANSWER and Second AMENDED COUNTERCLAIM against Texas Heat Treating, Inc. as to #24 Answer to Amended Complaint & Counterclaim. (Knight, Joseph) Modified on 5/18/2015 (klw).
May 15, 2015 Filing 37 Third Amended Complaint and Fourth Amended Answer to Counterclaim against Kemper Valve & Fittings Corp. amending #24 Answer to Amended Complaint, Counterclaim., filed by Texas Heat Treating, Inc.(Simses, Richard) Modified on 5/15/2015 (klw).
April 6, 2015 Filing 36 Minute Entry for proceedings held before Judge Andrew W. Austin: Status Conference held on 4/6/2015. Scheduling Order discussed. Amended Scheduling Order issued. (Minute entry documents are not available electronically.). (Court Reporter ERO.)(klw)
April 6, 2015 Opinion or Order Filing 35 AMENDED SCHEDULING ORDER: Amended Pleadings due by 5/15/2015, Discovery due by 12/18/2015, Joinder of Parties due by 5/15/2015, Motions due by 1/15/2016. Final Pretrial Conference set for 3/31/2016 10:00 AM before Judge Andrew W. Austin followed by Jury Selection / Trial for 4/4/2016 09:00 AM before Judge Andrew W. Austin. Signed by Judge Andrew W. Austin. (klw) Modified on 7/1/2015 correct typo (klw).
March 23, 2015 Opinion or Order Filing 34 ORDER setting Status Conference for 4/6/2015 10:30 AM before Judge Andrew W. Austin. Signed by Judge Andrew W. Austin. (klw)
March 10, 2015 Opinion or Order Filing 33 ORDER REASSIGNING CASE. Case reassigned to Judge Andrew W. Austin for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (klw)
March 4, 2015 Filing 32 CONSENT to Trial by US Magistrate Judge by Kemper Valve & Fittings Corp.. (Knight, Joseph)
February 24, 2015 Opinion or Order Filing 31 ORDER DENYING Joint #30 Motion to Modify the Scheduling Order. Signed by Judge Lee Yeakel. (klw)
February 20, 2015 Filing 30 Joint MOTION to Amend/Correct #17 Scheduling Order, by Kemper Valve & Fittings Corp.. (Attachments: #1 Proposed Order)(Knight, Joseph)
January 16, 2015 Filing 29 Transcript filed of Proceedings held on December 16, 2013, Proceedings Transcribed: Initial Pretrial Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/6/2015, Redacted Transcript Deadline set for 2/17/2015, Release of Transcript Restriction set for 4/16/2015, (Rodriguez, Arlinda)
January 14, 2015 Filing 28 NOTICE of Attorney Appearance by Stephanie Frederique Cagniart on behalf of Kemper Valve & Fittings Corp.. Attorney Stephanie Frederique Cagniart added to party Kemper Valve & Fittings Corp.(pty:dft), Attorney Stephanie Frederique Cagniart added to party Kemper Valve & Fittings Corp.(pty:cc) (Cagniart, Stephanie)
January 12, 2015 Filing 27 NOTICE of Change of Address by Joseph R. Knight (Knight, Joseph)
November 3, 2014 Filing 26 NOTICE of Agreement to Modify Scheduling Order Deadlines by Kemper Valve & Fittings Corp. re #17 Scheduling Order, (Knight, Joseph)
September 11, 2014 Filing 25 Plaintiff/Counter-Defendant's ANSWER to #24 Answer to Amended Complaint, Counterclaim First Amended Counterclaim by Texas Heat Treating, Inc..(Simses, Richard)
August 29, 2014 Filing 24 Second Amended ANSWER to #22 Amended Complaint with Jury Demand , Amended COUNTERCLAIM against Texas Heat Treating, Inc. by Kemper Valve & Fittings Corp..(Knight, Joseph)
August 28, 2014 Filing 23 AMENDED ANSWER to Plaintiff's Second Amended Answer to Defendant's Original Answer, Special Exception and Counterclaim by Texas Heat Treating, Inc.. (Simses, Richard)
August 28, 2014 Filing 22 AMENDED COMPLAINT Plaintiff's Second Amended Complaint against Kemper Valve & Fittings Corp. amending, filed by Texas Heat Treating, Inc..(Simses, Richard)
January 14, 2014 Opinion or Order Filing 21 CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (klw)
January 10, 2014 Filing 20 Joint MOTION for Protective Order and Confidentiality by Kemper Valve & Fittings Corp.. (Attachments: #1 Proposed Order)(Knight, Joseph)
January 7, 2014 Opinion or Order Filing 19 ORDER GRANTING #18 Motion for David S. Adduce to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw)
January 6, 2014 Filing 18 MOTION to Appear Pro Hac Vice by Brendan Alan Day David S. Adduce ( Filing fee $ 25 receipt number 0542-6135674) by on behalf of Kemper Valve & Fittings Corp.. (Day, Brendan)
December 16, 2013 Opinion or Order Filing 17 SCHEDULING ORDER: ADR Report Deadline due by 3/9/2015, Amended Pleadings due by 8/29/2014, Discovery due by 3/27/2015, Joinder of Parties due by 8/29/2014, Dispositive Motions due by 5/1/2015. Pretrial Conference set for 9/25/2015 09:00 AM before Judge Lee Yeakel, followed by jury selection & trial in October, 2015. Signed by Judge Lee Yeakel. (klw)
December 16, 2013 Filing 16 Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 12/16/2013. Settings announced. Written order to follow. (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(klw)
December 5, 2013 Filing 15 STATUS REPORT Joint Rule 26(f) Discovery Plan by Kemper Valve & Fittings Corp., Texas Heat Treating, Inc.. (Knight, Joseph)
November 26, 2013 Opinion or Order Filing 14 ORDER setting Initial Pretrial Conference for 12/16/2013 10:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (klw)
November 22, 2013 Filing 13 Proposed Scheduling Order with Joint Motion to Scheduling Order by Kemper Valve & Fittings Corp.. (Attachments: #1 Proposed Order)(Knight, Joseph)
October 28, 2013 Filing 12 AMENDED ANSWER to Defendant Kemper Valve & Fittings Corporations First Amended Answer #9 Amended Complaint by Kemper Valve & Fittings Corp.. (Knight, Joseph)
October 16, 2013 Opinion or Order Filing 11 ORDER DISMISSING without Prejudice Defendant's #4 Motion to Dismiss. Signed by Judge Lee Yeakel. (klw)
October 14, 2013 Filing 10 RESPONSE to Motion, filed by Texas Heat Treating, Inc., re #4 MOTION to Dismiss filed by Kemper Valve & Fittings Corp. (Attachments: #1 Proposed Order Order Denying Defendant Kemper Valve & Fittings Corp.'s Motion to Dismiss)(Petree, Nick)
October 14, 2013 Filing 9 AMENDED COMPLAINT and Answer against Kemper Valve & Fittings Corp. amending, filed by Texas Heat Treating, Inc..(Petree, Nick)
October 7, 2013 Opinion or Order Filing 8 ORDER GRANTING #6 Motion for Richard M. Simese to Appear Pro Hac Vice on behalf of the Plaintiff. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw)
October 7, 2013 Opinion or Order Filing 7 ORDER GRANTING #5 Motion for Nicholas Edward Petree to Appear Pro Hac Vice on behalf of Plaintiff. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (klw)
October 3, 2013 Filing 6 MOTION to Appear Pro Hac Vice by Jon C. Vicklund for Richard M. Simses ( Filing fee $ 25 receipt number 0542-5902505) by on behalf of Texas Heat Treating, Inc.. (Attachments: #1 Proposed Order)(Vicklund, Jon)
October 2, 2013 Filing 5 MOTION for Nicholas E. Petree to Appear Pro Hac Vice by Jon C. Vicklund ( Filing fee $ 25 receipt number 0542-5900941) by on behalf of Texas Heat Treating, Inc. (Attachments: #1 Proposed Order)(Vicklund, Jon) Modified on 10/2/2013 (klw).
September 30, 2013 Filing 4 MOTION to Dismiss by Kemper Valve & Fittings Corp.. (Knight, Joseph)
September 24, 2013 Opinion or Order Filing 3 ORDER that the removing party supplement the record with state court pleadings. Signed by Judge Lee Yeakel. (kkc)
September 24, 2013 Filing 2 Letter to Richard M. Simses, Nick E. Petree re: non-admitted status. (kkc)
September 23, 2013 Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS (LY) AS PART OF THE CASE NUMBER: 1:13-cv-853-LY. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kkc)
September 23, 2013 DEMAND for Trial by Jury by Kemper Valve & Fittings Corp.; contained in Answer filed in State Court. (kkc)
September 23, 2013 Filing 1 NOTICE OF REMOVAL by Kemper Valve & Fittings Corp. (Filing fee $400 receipt number 0542-5874803), filed by Kemper Valve & Fittings Corp.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Supplement to JS44 Civil Cover Sheet)(Knight, Joseph)

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Counter plaintiff: Kemper Valve & Fittings Corp.
Represented By: David S. Adduce
Represented By: Joseph R. Knight
Represented By: Scott D. Powers
Represented By: Stephanie Frederique Cagniart
Represented By: Brendan Alan Day
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Plaintiff: Texas Heat Treating, Inc.
Represented By: Jon C. Vicklund
Represented By: Richard M. Simses
Represented By: Nick E. Petree
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