Montgomery et al v. Bird Rides, Inc.
| David B. Montgomery and Tiffany T. Montgomery |
| Bird Rides, Inc., Bird Rides, Inc. doing business as Bird, John or Jane Doe #1, John or Jane Doe #2 and John or Jane Doe #3 |
| 5:2022cv00008 |
| January 7, 2022 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 DEFENDANT'S ANSWER to #26 Amended Complaint by Bird Rides, Inc..(Vanberg, Sydney) |
| Filing 26 AMENDED COMPLAINT (First Amended Complaint) against All Defendants amending, filed by David B. Montgomery, Tiffany T. Montgomery.(Barnes, Stephen) |
| Filing 25 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 5/3/2022 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(wg) |
Text Order DENYING #10 Motion to Dismiss entered by Judge Xavier Rodriguez. For the reasons discussed in open court, the motion is hereby DENIED. No later than May 10, 2022, Plaintiffs must file an amended complaint in accordance with the Court's rulings and Plaintiffs' representations in open court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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| Filing 24 Plaintiff's Sur-reply to Motion, filed by David B. Montgomery, Tiffany T. Montgomery, re #10 MOTION to Dismiss and Brief in Support filed by Defendant Bird Rides, Inc. (wg) |
| Filing 23 MOTION for Leave to File Sur-Reply With Amended Exhibit 1 (Sur-Reply Brief) by David B. Montgomery, Tiffany T. Montgomery. (Attachments: #1 Exhibit Amended Ex. 1 (correcting improper title of sur-reply))(Barnes, Stephen) |
| Filing 22 MOTION for Leave to File Sur-Reply by David B. Montgomery, Tiffany T. Montgomery. (Attachments: #1 Exhibit Ex. 1 - Plaintiffs' Sur-Reply re: Motion to Dismiss)(Barnes, Stephen) |
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Text Order MOOTING #22 Motion for Leave to File entered by Judge Xavier Rodriguez. In light of Plaintiffs' amended exhibit at ECF No. 23-1, this motion is hereby DENIED as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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Text Order GRANTING #23 Motion for Leave to File entered by Judge Xavier Rodriguez. The Clerk's Office is DIRECTED to file Plaintiffs' sur-reply and amended exhibit at ECF No. 23-1. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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| Filing 21 REPLY to Response to Motion, filed by Bird Rides, Inc., re #10 MOTION to Dismiss and Brief in Support filed by Defendant Bird Rides, Inc. (Attachments: #1 Exhibit A)(Trammell, Ryan) |
| Filing 20 Agreed MOTION for Extension of Time to File Response/Reply by Bird Rides, Inc.. (Attachments: #1 Proposed Order)(Vanberg, Sydney) |
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Text Order GRANTING #20 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. Defendant's deadline to file its Reply Brief in Support of its Motion to Dismiss shall be April 20, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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| Filing 19 PLAINTIFF'S RESPONSE to Motion, filed by David B. Montgomery, Tiffany T. Montgomery, re #10 MOTION to Dismiss and Brief in Support filed by Defendant Bird Rides, Inc. (Barnes, Stephen) |
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Filing 18
ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 5/3/2022 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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Filing 17
SCHEDULING ORDER, ( ADR Mediation Completed by 2/24/2023,, Amended Pleadings due by 6/3/2022,, Discovery due by 3/3/2023,, Joinder of Parties due by 6/3/2022,, Dispositive Motions due by 3/31/2023,, Jury Selection set for 6/20/2023 10:30AM before Judge Xavier Rodriguez,, Jury Trial set for 6/20/2023 10:30 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 6/8/2023 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg)
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| Filing 16 Joint Scheduling Recommendations by Bird Rides, Inc.. (Alexejun, Stacy) Modified on 3/18/2022 (wg). |
| Filing 15 Rule 26(f) Discovery Report/Case Management Plan Joint FRCP 26 Report by David B. Montgomery, Tiffany T. Montgomery. (Barnes, Stephen) |
| Filing 14 ADVISORY TO THE COURT (Non-Consent) by David B. Montgomery, Tiffany T. Montgomery et al.. (Barnes, Stephen) Modified on 3/17/2022 (wg). |
| Filing 13 NON-CONSENT to Trial by US Magistrate Judge by Bird Rides, Inc.. (Trammell, Ryan) |
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Filing 12
Order for Scheduling Recommendations/Proposed Scheduling Order. ( Scheduling Recommendations/Proposed Scheduling Order due by 3/17/2022,), Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Consent to Trial by Magistrate due by 3/17/2022,. Signed by Judge Xavier Rodriguez. (wg)
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| Filing 11 Agreed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss and Brief in Support by David B. Montgomery, Tiffany T. Montgomery. (Attachments: #1 Proposed Order Proposed Order re: Plaintiffs' Motion for Extend Deadline to Respond to MTD)(Barnes, Stephen) |
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Text Order GRANTING #11 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. Plaintiffs' deadline to amend their complaint (Dkt. 1-1 and 1-4) and/or respond to the pending Motion to Dismiss (Dkt. 10) shall be March 30, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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| Filing 10 MOTION to Dismiss and Brief in Support by Bird Rides, Inc.. (Attachments: #1 Exhibit A)(Trammell, Ryan) |
| Filing 9 MOTION to Appear Pro Hac Vice by Ryan Q. Trammell for Stacy A. Alexejun ( Filing fee $ 100 receipt number 0542-15685410) by on behalf of Bird Rides, Inc.. (Attachments: #1 Proposed Order)(Trammell, Ryan) |
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Text Order GRANTING #9 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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| Filing 8 MOTION to Appear Pro Hac Vice by Ryan Q. Trammell for Sydney Vanberg ( Filing fee $ 100 receipt number 0542-15677308) by on behalf of Bird Rides, Inc.. (Attachments: #1 Proposed Order)(Trammell, Ryan) |
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Text Order GRANTING #8 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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| Filing 7 ADVISORY TO THE COURT by Bird Rides, Inc. . (Trammell, Ryan) |
| Filing 6 Unopposed MOTION to Appear Pro Hac Vice by Randall L. Kallinen for STEPHEN A. BARNES ( Filing fee $ 100 receipt number 0542-15605664) by on behalf of David B. Montgomery, Tiffany T. Montgomery. (Attachments: #1 Proposed Order)(Kallinen, Randall) |
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Text Order GRANTING #6 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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| Set/Reset Deadlines: Bird Rides, Inc. answer due 2/14/2022. (wg) |
| Filing 5 Agreed MOTION for Extension of Time to File Response to Complaint by Bird Rides, Inc.. (Attachments: #1 Proposed Order)(Trammell, Ryan) |
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Filing 4
STANDING ORDER CONCERNING REMOVED CASES. Signed by Judge Xavier Rodriguez. (wg)
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Text Order GRANTING #5 Motion for Extension of Time to File entered by Judge Xavier Rodriguez. Defendant must respond to Plaintiffs' complaint no later than February 14, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)
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| Filing 3 Pro Hac Vice Letter forwarded to Plaintiff's Atty: Stephen A. Barnes. (wg) |
| Case assigned to Judge Xavier Rodriguez. 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. (wg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (wg) |
| Filing 2 RULE 7 DISCLOSURE STATEMENT filed by Bird Rides, Inc.. (Trammell, Ryan) |
| Filing 1 NOTICE OF REMOVAL by Bird Rides, Inc. (Filing fee $402 receipt number 0542-15592989), filed by Bird Rides, Inc.. (Attachments: #1 Exhibit 1 State Petition, #2 Exhibit 2 Index of Attached State Court Pleadings, #3 State Court Docket Sheet, #4 State Court Pleadings, #5 Civil Cover Sheet, #6 Supplement to JS-44 Civil Cover Sheet)(Trammell, Ryan) |
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