Horton et al v. WanaBana Austrofood Cit. Ltda et al
| Skylar Horton and Tyler Turner |
| AUSTROFOOD S.A.S., NEGOCIOS ASOCIADOS MAYORISTAS, S.A., WANABANA USA LLC, Dollar Tree Stores, Inc., DOLLAR TREE LLC, WanaBana Austrofood Cit. Ltda doing business as WanaBana, Negocios Associados Mayoristas, S.A. doing business as Negasmart, WanaBana USA, LLC, Dollar Tree, LLC and WANABANA LLC |
| 1:2024cv00221 |
| March 1, 2024 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 MOTION for Leave to File Plaintiffs' Sur-Reply to Defendant Dollar Tree's Motion to Dismiss by Skylar Horton. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit A)(Venable, Travis) |
| Filing 17 MOTION for Leave to File Plaintiffs' Motion for Leave of Court to Accept Plaintiffs' Second Amended Complaint by Skylar Horton. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit A)(Venable, Travis) |
| Filing 16 RESPONSE in Support, filed by Dollar Tree Stores, Inc., re #12 Motion to Dismiss for Failure to State a Claim filed by Defendant Dollar Tree Stores, Inc. (Defendant Dollar Tree Stores, Inc.'s Reply in Support of its Motion to Dismiss Plaintiffs' Amended Complaint) (Pollard, Allissa) |
| Filing 15 Response in Opposition to Motion, filed by Skylar Horton, Tyler Turner, re #12 Motion to Dismiss for Failure to State a Claim filed by Defendant Dollar Tree Stores, Inc. (Venable, Travis) |
| Filing 14 AMENDED COMPLAINT against All Defendants amending, filed by Tyler Turner, Skylar Horton.(Venable, Travis) |
| Filing 13 Wanabana USA LLC ANSWER to #9 Amended Complaint with Jury Demand . Attorney Blair C. Hedges added to party WANABANA USA LLC(pty:dft) by WANABANA USA LLC.(Hedges, Blair) |
| Filing 12 Motion to Dismiss for Failure to State a Claim by Dollar Tree Stores, Inc.. (Pollard, Allissa) |
| Filing 11 Summons Issued as to WANABANA LLC and WANABANA USA LLC. (cc3) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS by Skylar Horton. (Venable, Travis) |
| Filing 9 AMENDED COMPLAINT Plaintiffs, Skylar Horton and Tyler Turner, IANF Tristan Turner against All Defendants amending, filed by Skylar Horton.(Venable, Travis) |
| Reset Answer Deadline: Dollar Tree Stores, Inc. answer due 3/22/2024; and WanaBana USA, LLC answer due 3/22/2024. (cc3) |
Text Order GRANTING #6 Motion for Extension of Time to Answer entered by Judge Robert Pitman. As Plaintiffs did not file a response in opposition, IT IS ORDERED that this motion is GRANTED. Because the requested deadline falls on today's date, IT IS FURTHER ORDERED that Defendant Wanabana USA, LLC shall answer or otherwise respond to Plaintiffs' complaint on or before March 22, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmlc)
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Text Order GRANTING #5 Motion for Extension of Time to Answer entered by Judge Robert Pitman. As Plaintiffs did not file a response in opposition, IT IS ORDERED that this motion is GRANTED. Because the requested deadline falls on today's date, IT IS FURTHER ORDERED that Defendant Dollar Tree Stores, Inc. shall answer or otherwise respond to Plaintiffs' complaint on or before March 22, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmlc)
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| Filing 8 CERTIFICATE OF SERVICE by WanaBana USA, LLC #1 Notice of Removal, #2 Deficiency Notice,,, (Hedges, Blair) |
| Filing 7 RULE 7 DISCLOSURE STATEMENT filed by Dollar Tree Stores, Inc.. (Pollard, Allissa) |
| Filing 6 MOTION for Extension of Time to File Answer EMERGENCY MOTION TO EXTEND TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT by WanaBana USA, LLC. (Attachments: #1 Proposed Order Proposed Order)(Hedges, Blair) |
| Filing 5 MOTION for Extension of Time to File Answer EMERGENCY MOTION TO EXTEND TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Pollard, Allissa) |
| Filing 4 SUPPLEMENT to #1 Notice of Removal, Supplement to JS-44 Civil Cover Sheet by WanaBana USA, LLC. (Hedges, Blair) |
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Filing 3
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. (kp)
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| Filing 2 DEFICIENCY NOTICE: re #1 Notice of Removal, your filing is deficient for two reasons. 1) Your Certificate of Service indicates ECF service on attorney for Plaintiff, who had not been added to the docket at the time of filing the Notice of Removal, and therefore had not been served via CM/ECF. Please file an Amended Certificate of Service as a SEPARATE PLEADING. Use the "Certificate of Service" event under the "Service of Process" menu. State alternate means of service to counsel. 2) The Notice of Removal you filed is deficient because you did not attach the Supplement to the Civil Cover Sheet. This form can be located on our website. Please prepare and electronically submit the supplement using Civil Events - Other Filings - Other Documents - Supplement. This form is required for any Notice of Removal filed in the Western District of Texas. (kp) |
| 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. (kp) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Dustin Howell. (kp) |
| DEMAND for Trial by Jury by Skylar Horton, Tyler Turner. (kp) |
| Filing 1 NOTICE OF REMOVAL by WANABANA USA LLC (Filing fee $405 receipt number ATXWDC-18484313), filed by WANABANA USA LLC. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit Petition, #3 Exhibit State Court Process and Filings, #4 Exhibit Cordovez Declaration, #5 Exhibit Austrofood Corporate Documents, #6 Exhibit Negasmart Corporate Documents, #7 Exhibit Elder Affidavit)(Hedges, Blair) (Attachment 1 replaced on 3/4/2024 to flatten document) (kp). |
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