Andrew McCumber v. IFCO Systems North America, LLC, et al

Plaintiff: Andrew McCumber
3Rd Party Plaintiff: IFCO Systems North America, LLC and IFCO Systems US, LLC
3Rd Party Defendant: Reliable Staffing Corporation
Case Number: 5:2015cv00133
Filed: February 19, 2015
Court: US District Court for the Western District of Texas
Office: San Antonio Office
Presiding Judge: Fred Biery
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 21, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2016 Filing 47 JUDGMENT - ORDERED that all claims asserted by plaintiff against defendants IFCO Systems US, LLC and IFCO systems North America, LLC, in thislawsuit are DISMISSED WITH PREJUDICE to the re-filing of same. IT IS FURTHER ORDERED that all costs of court, expenses and attorneys fees are to be paid by the party incurring same. Motions pending, if any, are also DISMISSED, and this case is now CLOSED. CASE NO LONGER REFERRED to Magistrate Judge Henry J. Bemporad. Signed by Judge Fred Biery. (rg)
March 21, 2016 Filing 46 ORDER GRANTING #44 Unopposed Motion to Dismiss with prejudice. Signed by Judge Fred Biery. (rg)
March 17, 2016 Filing 45 ORDER Cancelling the Status Conference scheduled for March 22, 2016. Signed by Judge Henry J. Bemporad. (rg)
March 16, 2016 Filing 44 MOTION to Dismiss by Andrew McCumber.. Motions referred to Judge Henry J. Bemporad. (Aguirre, Alejandro)
March 1, 2016 Filing 43 ORDER (Setting Status Conference for 3/22/2016 10:00 AM before Judge Henry J. Bemporad). Signed by Judge Henry J. Bemporad. (rg)
October 30, 2015 Filing 42 ORDER, ( ADR Report Deadline due by 1/29/2016,, Discovery due by 1/29/2016, Motions due by 2/29/2016,). Signed by Judge Henry J. Bemporad. (rf)
October 30, 2015 Filing 41 ***PLEASE DISREGARD THIS ENTRY AS IT IS A DUPLICATE OF DOC #40****Minute Entry for proceedings held before Judge Henry J. Bemporad: Status Conference held on 10/30/2015 (Minute entry documents are not available electronically.) (Court Reporter FTR Gold.)(aej) Modified on 10/30/2015, to edit text - duplicate entry(rf).
October 30, 2015 Filing 40 Minute Entry for proceedings held before Judge Henry J. Bemporad: Status Conference held on 10/30/2015 (Minute entry documents are not available electronically.). (Court Reporter FTR GOLD.)(rf)
October 30, 2015 Notice of Correction: ***NOTIFIED COUNSEL TO PLEASE DISREGARD DOC #41 AS IT IS A DUPLICATE OF DOC #40*****re #40 Status Conference, #41 Status Conference,. (rf)
October 20, 2015 Filing 39 ORDER (Setting Status Conference for 10/30/2015 11:00 AM before Judge Henry J. Bemporad). Signed by Judge Henry J. Bemporad. (rg)
September 16, 2015 Filing 38 SUMMONS Returned Executed by IFCO Systems US, LLC, IFCO Systems North America, LLC. Reliable Staffing Corporation served on 9/11/2015, answer due 10/2/2015. (Gold, David)
September 3, 2015 Filing 37 Third-Party Summons Issued as to Reliable Staffing Corporation. (rg)
September 3, 2015 Filing 36 THIRD PARTY COMPLAINT against Reliable Staffing Corporation, filed by IFCO Systems North America, LLC, IFCO Systems US, LLC. (Attachments: #1 Exhibit 1, #2 3rd party summons)(rg)
September 1, 2015 Filing 35 PLAINTIFF'S FIRST AMENDED COMPLAINT against IFCO Systems North America, LLC, IFCO Systems US, LLC amending, filed by Andrew McCumber.(wg)
September 1, 2015 Filing 34 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #28 Report and Recommendations, The Defendant's may file the Third-Party Complaint on or before 9/8/2015 doc #16 . The Clerk is shall file Plaintoff's First Amended Complaint attached to the Motion, Doc. #19 . Signed by Chief Judge Fred Biery. (wg)
August 26, 2015 Filing 33 ORDER GRANTING #32 Unopposed Motion to Coninue Case Management Deadlines. The Case Management Order previously entered into this case is VACATED. Signed by Judge Henry J. Bemporad. (rg)
August 26, 2015 Filing 32 MOTION to Extend Scheduling Order Deadlines by IFCO Systems North America, LLC, IFCO Systems US, LLC. (Attachments: #1 Proposed Order, #2 Memo in Support). Motions referred to Judge Henry J. Bemporad. (Gold, David)
August 10, 2015 Filing 31 ORDER WITHDRAWING #23 Motion for Protective Order; GRANTING #30 Motion to Withdraw the Motion for Protective Order. Signed by Judge Henry J. Bemporad. (rg)
August 10, 2015 Filing 30 MOTION to Withdraw #23 MOTION for Protective Order by Andrew McCumber.. Motions referred to Judge Henry J. Bemporad. (Aguirre, Alejandro)
July 21, 2015 Filing 29 ORDER SETTING HEARING, Set Motion Hearing for #23 MOTION for Protective Order (Motion Hearing set for 8/14/2015 2:00 PM before Judge Henry J. Bemporad). Signed by Judge Henry J. Bemporad. (rg)
July 21, 2015 Filing 28 REPORT AND RECOMMENDATIONS re #19 Motion to Amend Complaint filed by Andrew McCumber, #16 Motion for Leave to File Document, filed by IFCO Systems North America, LLC, IFCO Systems US, LLC - both be GRANTED. Signed by Judge Henry J. Bemporad. (rg)
July 15, 2015 Filing 27 ORDER DENYING WITHOUT PREJUDICE #26 Motion for Leave to File Reply/Memorandum. Signed by Judge Henry J. Bemporad. (rg)
July 14, 2015 Filing 26 MOTION for Leave to File Reply Memorandum in Support of Opposed Motion for Leave to File and Serve Third-Party Complaint by IFCO Systems North America, LLC, IFCO Systems US, LLC. (Attachments: #1 Proposed Order, #2 Exhibit). Motions referred to Judge Henry J. Bemporad. (Gold, David)
July 10, 2015 Filing 25 Memorandum in Opposition to Motion, filed by IFCO Systems North America, LLC, IFCO Systems US, LLC, re #19 MOTION to Amend Complaint filed by Plaintiff Andrew McCumber (Gold, David)
July 7, 2015 Filing 24 ORDER REFERRING CASE to Magistrate Judge Henry J. Bemporad for disposition of all remaining pretrial matters and any request for injunctive relief. Signed by Chief Judge Fred Biery. Referral Magistrate Judge: Henry J. Bemporad. (rg)
July 6, 2015 Filing 23 MOTION for Protective Order by Andrew McCumber. (Attachments: #1 Exhibit Exs 1-3)(Aguirre, Alejandro) Modified on 7/21/2015 (rg).
July 2, 2015 Filing 22 Exhibit List by IFCO Systems North America, LLC, IFCO Systems US, LLC.. (Gold, David)
July 2, 2015 Filing 21 Witness List by IFCO Systems North America, LLC, IFCO Systems US, LLC. (Gold, David)
June 23, 2015 Filing 20 Memorandum in Opposition to Motion, filed by Andrew McCumber, re #16 Opposed MOTION for Leave to File and Serve Third-Party Complaint filed by Defendant IFCO Systems North America, LLC, Defendant IFCO Systems US, LLC (Attachments: #1 EXHIBIT A)(Aguirre, Alejandro)
June 17, 2015 Filing 19 MOTION to Amend Complaint by Andrew McCumber. (Attachments: #1 Exhibit Amended Complaint the subject of Motion)(Aguirre, Alejandro)
June 17, 2015 Filing 18 ATTACHMENT Order by IFCO Systems North America, LLC, IFCO Systems US, LLC. (Gold, David)
June 17, 2015 Filing 17 DEFICIENCY NOTICE:to attorney David M. GoldProposed order required with motion. DO NOT re-file entire document. Please file ONLY the proposed order using the "Attachment" event located under "Other Documents" from menu and link the proposed order to thisdocument. See page 11, item 9d of the Administrative Policies and Procedures for Electronic Filing, Western of District of Texas. re #16 Opposed MOTION for Leave to File and Serve Third-Party Complaint (rg)
June 16, 2015 Filing 16 DOCUMENT DEFICIENT - See Deficiency Notice #17. Opposed MOTION for Leave to File and Serve Third-Party Complaint by IFCO Systems North America, LLC, IFCO Systems US, LLC. (Attachments: #1 Memo in Support, #2 Notice of Hearing, #3 Exhibit, #4 Exhibit)(Gold, David) Modified on 6/17/2015 (rg).
June 2, 2015 Filing 15 WITNESS/EXHIBIT/EXPERT LIST by Andrew McCumber . (Aguirre, Alejandro)
May 29, 2015 Filing 14 ORDER GRANTING #13 Motion for David M. Gold 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 Chief Judge Fred Biery. (rg)
May 27, 2015 Filing 12 Pro Hac Vice Fee Paid by David M. Gold; Filing fee $ 100, receipt number 500030162. (sf)
May 21, 2015 Filing 13 MOTION to Appear Pro Hac Vice by David M. Gold by on behalf of IFCO Systems North America, LLC, IFCO Systems US, LLC. (sf)
May 18, 2015 Filing 11 ADR Report Filed - by IFCO Systems North America, LLC, IFCO Systems US, LLC(Aubert, Christopher)
May 7, 2015 Filing 10 Corporate Disclosure Statement by IFCO Systems US, LLC. (Aubert, Christopher) Modified docket text on 5/7/2015 (rg).
May 7, 2015 Filing 9 Corporate Disclosure Statement by IFCO Systems North America, LLC. (Aubert, Christopher) Modified docket text on 5/7/2015 (rg).
April 28, 2015 Filing 8 Letter directed to David M. Gold regarding admittance to the bar. (rf)
April 28, 2015 Filing 7 SCHEDULING ORDER:( ADR Report Deadline due by 5/18/2015,, Amended Pleadings due by 6/17/2015,, Discovery due by 8/17/2015,, Motions due by 9/16/2015,), Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.. Signed by Chief Judge Fred Biery. (rf)
April 28, 2015 Filing 6 COURT ADVISORY CONCERNING DISCOVERY. Signed by Chief Judge Fred Biery. (rf)
April 28, 2015 Filing 5 ORDER GRANTING #3 Motion to Substitute Attorney. Signed by Chief Judge Fred Biery. (rf)
April 20, 2015 Filing 4 Proposed Scheduling Order by Andrew McCumber. (Aguirre, Alejandro)
April 17, 2015 Filing 3 MOTION to Substitute Attorney by IFCO Systems North America, LLC, IFCO Systems US, LLC. (Attachments: #1 Proposed Order)(Aubert, Christopher)
February 23, 2015 Filing 2 Order for Scheduling Recommendations and Advisory Concerning Assignment of Magistrate Judge. Parties shall submit a proposed scheduling order to the Court within sixty (60) days from thedate of the filing of the Notice of Removal. The parties are to consent or non-consent to proceed before a Magistrate Judge. Signed by Chief Judge Fred Biery. (rg)
February 19, 2015 Case Assigned to Chief Judge Fred Biery. 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. (rg)
February 19, 2015 If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad. (rg)
February 19, 2015 Filing 1 Notice of Removal by IFCO Systems US, LLC, IFCO Systems North America, LLC (Filing fee $400 receipt number 0542-7218626), filed by IFCO Systems US, LLC, IFCO Systems North America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Supplement)(Collier, Hurlie)

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Plaintiff: Andrew McCumber
Represented By: Alejandro Aguirre
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3rd party plaintiff: IFCO Systems North America, LLC
Represented By: Christopher J. Aubert
Represented By: Hurlie Herman Collier
Represented By: Michael J. Lombardino
Represented By: David M. Gold
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3rd party plaintiff: IFCO Systems US, LLC
Represented By: Christopher J. Aubert
Represented By: Hurlie Herman Collier
Represented By: Michael J. Lombardino
Represented By: David M. Gold
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3rd party defendant: Reliable Staffing Corporation
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