Black Mountain Sand, LLC v. North Alabama Fabricating Company, Inc.
Plaintiff: Black Mountain Sand, LLC
Defendant: North Alabama Fabricating Company, Inc.
Case Number: 5:2022cv00281
Filed: March 24, 2022
Court: US District Court for the Western District of Texas
Presiding Judge: Xavier Rodriguez
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2022 Opinion or Order Filing 21 ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 6/16/2022 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (mgr)
April 29, 2022 Opinion or Order Filing 20 SCHEDULING ORDER: Pretrial Conference set for 10/5/2022 10:30 AM before Judge Xavier Rodriguez, Jury Selection and Trial set for 10/16/2023 10:30AM before Judge Xavier Rodriguez, ADR Report Deadline due by 5/1/2023, Amended Pleadings due by 9/30/2022, Discovery due by 5/19/2023, Motions due by 6/19/2023,. Signed by Judge Xavier Rodriguez. (mgr) .
April 29, 2022 Filing 19 Pro Hac Vice Letter to Attorney Taylor Ann Cruse. (mgr)
April 29, 2022 Set/Reset Hearings: Pretrial Conference set for 10/5/2023 10:30 AM before Judge Xavier Rodriguez, (mgr)
April 28, 2022 Filing 18 Rule 26(f) Discovery Report/Case Management Plan by Black Mountain Sand, LLC. (Fass, Richard)
April 28, 2022 Filing 17 Scheduling Recommendations by Black Mountain Sand, LLC. (Fass, Richard)
April 28, 2022 Filing 16 RULE 7 DISCLOSURE STATEMENT filed by Black Mountain Sand, LLC identifying Corporate Parent Black Mountain Sand Holdings, LLC for Black Mountain Sand, LLC. (Fass, Richard)
April 28, 2022 Filing 15 NON-CONSENT to Trial by US Magistrate Judge by Black Mountain Sand, LLC. (Fass, Richard)
April 28, 2022 Filing 14 NOTICE of Filing Notice of Filing Defendant's Magistrate Election by North Alabama Fabricating Company, Inc. (Attachments: #1 Exhibit 1)(Clay, John)
April 27, 2022 Filing 13 Motion to Dismiss for Failure to State a Claim by North Alabama Fabricating Company, Inc.. (Attachments: #1 Memo in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Clay, John)
April 11, 2022 Opinion or Order Text Order GRANTING #12 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.) (ldox)
April 8, 2022 Filing 12 MOTION to Appear Pro Hac Vice by David Brezik for John D. Clay Jr. ( Filing fee $ 100 receipt number 0542-15904273) by on behalf of North Alabama Fabricating Company, Inc.. (Attachments: #1 Proposed Order)(Brezik, David)
March 29, 2022 Opinion or Order Filing 11 ORDER AND ADVISORY--It is ORDERED that the Plaintiff(s) confer with the Defendant(s) as required by Fed. R. Civ. P 26(f) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by April 29, 2022. Signed by Judge Xavier Rodriguez. (mgr)
March 24, 2022 If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (mgr)
March 24, 2022 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. (mgr)
March 24, 2022 Filing 10 Case electronically transferred in from Southern District of Texas; Case Number 4:22-cv-00508.
March 24, 2022 Opinion or Order Filing 9 ORDER TO TRANSFER CASE to Western District of Texas. (Signed by Judge George C Hanks, Jr) Parties notified.(ShoshanaArnow, 4) [Transferred from Texas Southern on 3/24/2022.]
March 23, 2022 Filing 8 Letter to Judge Hanks by North Alabama Fabricating Company, Inc., filed. (Attachments: #1 Exhibit 1)(Brezik, David) [Transferred from Texas Southern on 3/24/2022.]
March 9, 2022 Filing 7 AMENDED NOTICE OF REMOVAL against Black Mountain Sand, LLC filed by North Alabama Fabricating Company, Inc.. Related document: #1 Notice of Removal, filed by North Alabama Fabricating Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brezik, David) [Transferred from Texas Southern on 3/24/2022.]
March 4, 2022 Opinion or Order Filing 6 ORDER Striking Document re: #4 Motion to Dismiss filed by North Alabama Fabricating Company, Inc. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) [Transferred from Texas Southern on 3/24/2022.]
February 25, 2022 The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4) [Transferred from Texas Southern on 3/24/2022.]
February 17, 2022 Opinion or Order Filing 5 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/29/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(JacquelineMata, 4) [Transferred from Texas Southern on 3/24/2022.]
February 16, 2022 Filing 4 Corrected MOTION to Dismiss #3 MOTION to Dismiss by North Alabama Fabricating Company, Inc., filed. Motion Docket Date 3/9/2022. (Attachments: #1 Memorandum in Support Thereof, #2 Proposed Order)(Brezik, David) [Transferred from Texas Southern on 3/24/2022.]
February 16, 2022 Filing 3 MOTION to Dismiss by North Alabama Fabricating Company, Inc., filed. Motion Docket Date 3/9/2022. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Brezik, David) [Transferred from Texas Southern on 3/24/2022.]
February 16, 2022 Filing 2 CORPORATE DISCLOSURE STATEMENT by North Alabama Fabricating Company, Inc., filed.(Brezik, David) [Transferred from Texas Southern on 3/24/2022.]
February 16, 2022 Filing 1 NOTICE OF REMOVAL from 55th Judicial Distrct, Harris County, TX, case number 202202153 (Filing fee $ 402 receipt number ATXSDC-27760708) filed by North Alabama Fabricating Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Brezik, David) [Transferred from Texas Southern on 3/24/2022.]

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Plaintiff: Black Mountain Sand, LLC
Represented By: Richard T. Fass
Represented By: Thomas A. Zabel
Represented By: Brook Minx
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Defendant: North Alabama Fabricating Company, Inc.
Represented By: David Brezik
Represented By: John D. Clay, Jr.
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