Texas Mutual Insurance Company v. SITUS Trucking, LLC
| Texas Mutual Insurance Company |
| SITUS Trucking, LLC |
| 1:2023cv00842 |
| July 21, 2023 |
| US District Court for the Western District of Texas |
| Austin Office |
| Robert Pitman |
| Insurance |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Defendant |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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Filing 58
NOTICE of Appearance of Matthew J. Foerster by Texas Mutual Insurance Company, Texas Mutual Insurance Company (Placek, R.)
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Filing 57
NOTICE of Attorney Appearance by R. Scott Placek on behalf of Texas Mutual Insurance Company, Texas Mutual Insurance Company. Attorney R. Scott Placek added to party Texas Mutual Insurance Company(pty:pla), Attorney R. Scott Placek added to party Texas Mutual Insurance Company(pty:cd) (Placek, R.)
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Filing 56
Case Transfer Letter. (jv2)
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Filing 55
Order Directing Edna E. Perez-Roman, Ramon Coto-Ojeda, and Edgardo Santiago-Torres to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (jv2) (Main Document 55 replaced on 7/24/2023) (jv2).
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Filing 54
ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman. (jv2)
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Filing 53
Supplement to JS44 (Civil Cover Sheet). (jv2) (Main Document 53 replaced on 7/24/2023) (jv2).
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Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (jv2)
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DEMAND for Trial by Jury by SITUS Trucking, LLC, Texas Mutual Insurance Company. (jv2)
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If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (jv2)
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Corrected DEMAND for Trial by Jury by SITUS Trucking, LLC. (jv2)
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Filing 52
Case electronically transferred in from District of Puerto Rico (San Juan); Case Number 3:22-cv-01563.
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Filing 51
JUDGMENT: Pursuant to the Opinion & Order on ECF No. 50, this case is transferred to the Western District of Texas. This case is now closed. Signed by Judge Gina R. Mendez-Miro on 7/21/2023.(GMN) Modified on 7/21/2023 to edit docket text. (mg). [Transferred from Puerto Rico on 7/21/2023.]
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Case Transferred Out to U.S. District Court Western District of Texas. E-mail sent to: InterdistrictTransfer_TXWD@txw.uscourts.gov.Extraction Completed. (mg) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 50
OPINION AND ORDER denying #26 Motion to Remand. This matter shall be transferred to the United States District Court for the Western District of Texas where venue is proper. See attached. Signed by Judge Gina R. Mendez-Miro on 7/20/2023. (GMN) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 49
ORDER noting #48 Motion in Compliance with Court Order and to Take Notice of Discovery Responses. Signed by Judge Gina R. Mendez-Miro on 7/17/2023. (GMN) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 48
Motion In Compliance with Court Order and to Take Notice Of Discovery Responses filed by Edgardo Santiago-Torres on behalf of SITUS Trucking, LLC Responses due by 7/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Public Deed, #2 Exhibit Electricity Bill, #3 Exhibit Water and Sewer Bill, #4 Exhibit License To Carry Firearms, #5 Exhibit Treasury Department Registration, #6 Exhibit Enrollment Certifications AGM, #7 Exhibit Enrollment Certification Mech Tech, #8 Exhibit Bank Statements of Popular Bank, #9 Exhibit Responses, #10 Exhibit K-1, #11 Exhibit Termination, #12 Exhibit Declaration Under Penalty of Perjury, #13 Exhibit Vehicle Registration, #14 Exhibit Certification From Department of State)(Santiago-Torres, Edgardo) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 47
NOTICE of Appearance JOINING LEGAL REPRESENTATION by Edna E. Perez-Roman on behalf of Texas Mutual Insurance Company (Perez-Roman, Edna) [Transferred from Puerto Rico on 7/21/2023.]
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NOTICE of Docket Text Modification by Deputy Clerk re: #46 Notice (Other). ***FILED IN ERROR. Counsel filed using another counsel's login/password. To be re-filed*** Counsel requesting leave to appear should re-file using correct event as to Notice of Appearance. (mg) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 46
***FILED IN ERROR. Counsel filed using another counsel's login/password. To be re-filed*** NOTICE of Appearance of Edna Roman by Texas Mutual Insurance Company re #5 Notice of Appearance (Coto-Ojeda, Ramon) Modified on 6/28/2023 to edit docket text as to correct event, to replace all caps text and to place file in error. (mg). [Transferred from Puerto Rico on 7/21/2023.]
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Filing 45
ORDER granting #43 Motion for Extension of Time. Defendant is granted until July 13, 2023 to file certified translations of all Spanish language exhibits provided in support of his #36 Opposition to Motion to Remand and to file any additional and/or updated documentation, e.g., driver's license, voter registration card, tax returns to support his motion. Signed by Judge Gina R. Mendez-Miro on 6/23/2023. (GMN) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 44
ORDER noting #42 Motion In Compliance. Signed by Judge Gina R. Mendez-Miro on 6/23/2023. (GMN) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 43
MOTION for Extension of Time until July 13, 2023 to file CERTIFIED TRANSLATION OF ALL SPANISH LANGUAGE EXHIBITS FILED IN SUPPORT OF MOTION TO REMAND filed by Edgardo Santiago-Torres on behalf of SITUS Trucking, LLC Responses due by 7/7/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Torres, Edgardo) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 42
Motion In Compliance as to 41 Order, filed by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company Responses due by 7/7/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Public Deed of Purchase and Sale, #2 Exhibit Power Authority Invoice, #3 Exhibit Water and Sewer Invoice, #4 Exhibit Registration for Ford F250 S, #5 Exhibit License to Carry Firearms, #6 Exhibit Certification of Excise Tax Payment, #7 Exhibit Ana G. Mendez Enrollment Certification, #8 Exhibit Mech Tech College-Caguas Schedule, #9 Exhibit Banco Popular Bank Statement)(Related document(s) 41 ) (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 41
ORDER. On or before June 23, 2023 the Parties shall file certified translations of all Spanish language exhibits provided in support of #26 Motion to Remand and #36 Opposition to Motion to Remand as required by Local Rule 5(c). Defendant shall submit any additional and/or updated documentation, e.g., driver's license, voter registration card, tax returns, by June 23, 2023.Signed by Judge Gina R. Mendez-Miro on 6/9/2023.(GMN) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 40
ORDER granting #38 Motion for Leave to File Reply to Opposition to Motion to Remand Regarding ECF No. 33. In the future, the Plaintiff shall strictly comply with Local Rule 7 before filing their reply. Signed by Judge Gina R. Mendez-Miro on 5/3/2023. (GMN) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 39
REPLY to Motion filed by Texas Mutual Insurance Company Re: #36 OPPOSITION to #26 MOTION to Remand filed by SITUS Trucking, LLC filed by Texas Mutual Insurance Company. (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 38
MOTION for Leave to File Document Reply to Opposition to Motion to Remand Regarding ECF No. 33 filed by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company Responses due by 3/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 37
ORDER REASSIGNING CASE. This case has been transferred to the docket of newly appointed U.S. District Judge Gina R. Mendez-Miro. Signed by Chief Judge Raul M. Arias-Marxuach on 03/07/2023. (gr) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 36
OPPOSITION to #26 MOTION to Remand filed by Edgardo Santiago-Torres on behalf of SITUS Trucking, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Santiago-Torres, Edgardo) Modified on 3/7/2023 to edit docket text (ab). [Transferred from Puerto Rico on 7/21/2023.]
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Filing 35
ORDER noted #34 MOTION Submitting CERTIFIED ENGLISH TRANSLATIONS. Signed by Judge Camille L. Velez-Rive on 2/28/2023. (ari) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 34
MOTION Submitting CERTIFIED ENGLISH TRANSLATIONS filed by Edgardo Santiago-Torres on behalf of All Defendants Responses due by 3/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Puerto Rico Registrar Certification, of that Real Estate Property Holding)(Santiago-Torres, Edgardo) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 33
ORDER granting #32 Motion for Extension of Time to File Answer to Motion to Remand filed by SITUS Trucking, LLC. SITUS is granted until March 6, 2023 to file its Response to the Motion to Remand. Signed by Judge Camille L. Velez-Rive on 02/24/2023. (CVR) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 32
MOTION for Extension of Time to File Answer to Motion to Remand filed by Edgardo Santiago-Torres on behalf of All Defendants Responses due by 3/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Torres, Edgardo) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 31
ORDER granting #30 Motion for extension of time. Translation due 2/26/2023. Signed by Judge Camille L. Velez-Rive on 02/17/2023. (CVR) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 30
MOTION for extension of time until February 26 to File Puerto Rico Registral Certification filed by Edgardo Santiago-Torres on behalf of SITUS Trucking, LLC Responses due by 3/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Torres, Edgardo) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 29
ORDER: granting Docket No. #27 Motion for Leave to File Excess Pages. Signed by Judge Camille L. Velez-Rive on February 15, 2023. (ASE) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 28
ANSWER to #11 Answer to Complaint,, Counterclaim, filed by Ramon Coto-Ojeda on behalf of Plaintiff Texas Mutual Insurance Company.(Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 27
MOTION for Leave to File Document filed by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company Responses due by 2/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 26
MOTION to Remand filed by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company Responses due by 2/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - SITUS- Notice with Reponses In the matter of Informative Motion on Discovery, #2 Exhibit 2 - Santiago-Cotto- Deed, #3 Exhibit 3 - Santiago-Cotto- Electricity Bill, #4 Exhibit 4 - Santiago-Cotto- Water and Sewer Bill, #5 Exhibit 5 - Santiago-Cotto- Vehicle Registration, #6 Exhibit 6 - Santiago-Cotto- License to Carry Firearms, #7 Exhibit 7 - Santiago-Cotto- Treasury Department Registration, #8 Exhibit 8 - Santiago-Cotto- Schedule K-1, #9 Exhibit 9 - Santiago-Cotto-Enrollment Certifications AGM, #10 Exhibit 10 - Santiago-Cotto- Enrollment Certifications MEDTECH, #11 Exhibit 11 - Santiago-Cotto- Bank Statements, #12 Exhibit 12 - Santiago-Cotto- Declaration Under Penalty of Perjury, #13 Exhibit 13 - Santiago-Cotto- Certificate of Termination, #14 Exhibit Certification from the Department of State)(Coto-Ojeda, Ramon) Modified on 3/7/2023 to replace capital letters (ab). [Transferred from Puerto Rico on 7/21/2023.]
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Filing 25
ORDER noted #24 Motion In Compliance. Signed by Judge Camille L. Velez-Rive on 01/31/2023. (cvr) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 24
Motion In Compliance with Court Order and to take notice of discovery responses filed by Edgardo Santiago-Torres on behalf of All Defendants Responses due by 2/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Torres, Edgardo) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 23
ORDER denying without prejudice #22 MOTION for Sanctions Imposition of Daily Monetary Sanctions and for Extension of Time to Move to Remand Until Situs Trucking Complies or in the Alternative that this Honorable Court Apply an Adverse Presumption regarding Dkt. No 21. Situs Trucking is granted one final extension of time until January 30, 2023 to produce the requested documentation or face sanctions, including a remand of this action. In turn, Texas Mutuals motion to remand, if appropriate, will be due on February 10, 2023. Signed by Judge Camille L. Velez-Rive on 1/24/2023. (ari) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 22
MOTION for Sanctions Imposition of Daily Monetary Sanctions and for Extension of Time to Move to Remand Until Situs Trucking Complies or in the Alternative that this Honorable Court Apply an Adverse Presumption regarding Dkt. No 21 as to Texas Mutual Insurance Company filed by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company Responses due by 2/6/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 21
ORDER. The Informative Motion filed by Texas Mutual Insurance Company (Docket No. 12) was ruled upon by the Court on January 4, 2023 with a "noted". Thus, the discovery request by Texas Mutual Insurance Company to Situs Trucking with the deadline of January 20, 2023 was allowed by the Court. (Docket No. 13). Accordingly, Situs Trucking shall comply with the production of documents by January 20, 2023 for Texas Mutual Insurance Company to be able to file the motion for remand by the shortened deadline of January 28, 2023 set in Docket No. 8. Failure by Situs Trucking to timely comply with the production of documents may entail the imposition of daily monetary sanctions until compliance, among others. Signed by Judge Camille L. Velez-Rive on 01/18/2023. (cvr) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 20
MEMORANDUM in Opposition filed by Texas Mutual Insurance Company Re: #19 Reply to Motion, filed by SITUS Trucking, LLC filed by Texas Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit A)(Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 19
RESPONSE to Motion Informative Motion Regarding Discovery filed by SITUS Trucking, LLC Re: #12 INFORMATIVE Motion regarding ECF. 7 filed by Texas Mutual Insurance Company filed by SITUS Trucking, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4)(Santiago-Torres, Edgardo) Modified on 1/18/2023 to correct event title (mcm). [Transferred from Puerto Rico on 7/21/2023.]
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Filing 18
ORDER granting #16 Motion for Leave to File Spanish language documents. Signed by Judge Camille L. Velez-Rive on 01/13/2023. (cvr) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 17
ORDER granting #15 Motion for Extension of Time to Answer. Texas Mutual is granted thirty (30) days, until February 16,2023, to file its Answer to the Counterclaim filed by SitusTrucking. Signed by Judge Camille L. Velez-Rive on 01/13/2023. (cvr) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 16
MOTION for Leave to File Spanish language documents filed by Edgardo Santiago-Torres on behalf of SITUS Trucking, LLC Responses due by 1/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Torres, Edgardo) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 15
MOTION for Extension of Time until February 16, 2023 to File Answer to Counterclaim re: #11 Answer to Complaint,, Counterclaim, filed by SITUS Trucking, LLC filed by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company Responses due by 1/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #11 ) (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 14
ORDER REASSIGNING CASE. This case has been transferred to the docket of newly appointed U.S. District Judge Camille L. Velez-Rive. Signed by Chief Judge Raul M. Arias-Marxuach on 01/12/2023. (gr) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 13
ORDER noted #12 INFORMATIVE motion Signed by Judge William G. Young on 1/4/2023. (EES) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 12
INFORMATIVE Motion regarding ECF. 7 filed by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company Responses due by 1/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 11
ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Texas Mutual Insurance Company filed by Edgardo Santiago-Torres on behalf of Defendant SITUS Trucking, LLC.(Santiago-Torres, Edgardo) Modified on 12/27/2022 to edit text (gav). [Transferred from Puerto Rico on 7/21/2023.]
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Filing 10
ORDER granting #9 INFORMATIVE motion; granting #3 Motion for extension of time Signed by Judge William G. Young on 12/22/2022. (EES) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 9
First INFORMATIVE Motion regarding for the Court to Rule on Pending Request for the Extension of Time to Enter a Responsive Pleading and Restating that Forward-Looking Deadline filed by Edgardo Santiago-Torres on behalf of SITUS Trucking, LLC. Responses due by 1/4/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Torres, Edgardo) Modified on 12/22/2022 to remove all caps (gav). [Transferred from Puerto Rico on 7/21/2023.]
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Filing 8
ORDER granting in part and denying in part #7 Motion for extension of time Allowed but only until January 28, 2023. Signed by Judge William G. Young on 12/20/2022. (EES) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 7
MOTION for extension of time until March 28, 2023 to to file motion to remand under 28 USC Section 1447 filed by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company Responses due by 12/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 6
Corporate Disclosure Statement byTexas Mutual Insurance Company. (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 5
NOTICE of Appearance by Ramon Coto-Ojeda on behalf of Texas Mutual Insurance Company (Coto-Ojeda, Ramon) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 4
NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge William G. Young (arg) [Transferred from Puerto Rico on 7/21/2023.]
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Filing 3
MOTION for Extension of time filed by Edgardo Santiago-Torres on behalf of SITUS TRUCKING, LLC Responses due by 12/12/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Torres, Edgardo) Modified on 11/29/2022to correct event and docket title text. (mg). [Transferred from Puerto Rico on 7/21/2023.]
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Filing 2
RULE 7.1 STATEMENT. First INFORMATIVE Motion regarding statement filed by Edgardo Santiago-Torres on behalf of SITUS TRUCKING, LLC Responses due by 12/12/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Torres, Edgardo) Modified on 12/22/2022 to terminate as a motion (not a motion) (jg). [Transferred from Puerto Rico on 7/21/2023.]
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Filing 1
NOTICE OF REMOVAL (Filing fee $ 402 receipt number APRDC-8002804), filed by SITUS TRUCKING, LLC. (Attachments: #1 Errata Citation and Petition, #2 Civil Cover Sheet, #3 Category Sheet)(Santiago-Torres, Edgardo) [Transferred from Puerto Rico on 7/21/2023.]
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