Huynh v. Avis Rent A Car System, LLC
| Texas Northern District Court | |
| Judge: | Ed Kinkeade |
| Case #: | 3:25-cv-00681 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Mar 20, 2025 |
| Last checked: Friday Mar 21, 2025 2:42 AM CDT |
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Defendant
Avis Rent A Car System, LLC
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Represented By
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Plaintiff
Tony Huynh
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Represented By
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| Docket last updated: 2 hours ago |
| Thursday, March 27, 2025 | ||
| 7 | 7
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 03/27 12:45 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Avis Rent A Car System LLC. (Clerk QC note: No affiliate entered in ECF). (Smitherman, Tanya) |
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| Wednesday, March 26, 2025 | ||
| 6 | 6
order
Order
Wed 03/26 12:34 PM
ELECTRONIC ORDER: This case was removed by Defendant Avis Rent A Car System, LLC on March 20, 2025, on the basis of diversity jurisdiction. See Doc. No. 1 at 4. This case was filed in state court on April 8, 2024, and Defendant Avis was served on April 11, 2024. Although this case was pending in state court for over 11 months, Defendant Avis claims that "it was not until February 18, 2025, that Plaintiff disclosed economic damages in excess of $75,000" in his Third Supplemental Disclosures. Doc. No. 1 at 3. Plaintiff is reminded that any procedural challenge to removal must be made in a timely filed motion to remand. In his state court petition, Plaintiff also named "John Doe" as a defendant. It is apparent from the removal record that, in the time since filing suit over 11 months ago, Plaintiff has not amended his original petition to identify "John Doe" and has not yet served him. Doc. No. 1 at 5; see also id. (Defendant Avis alleges John Doe is a citizen of Texas, thereby suggesting it knows the identity of John Doe). The Court recognizes that this case was just removed to federal court. However, the Court requires more information regarding Defendant John Doe. See King v. Forest , Civ. Action No. 3:08-CV-1405, 2008 WL 4951049, at *4 (N.D. Tex. Nov. 14, 2008)(Lindsay, J.) (the plaintiff has "a duty to provide information sufficient to identify" the John Doe defendant). By April 9, 2025, Plaintiff SHALL file a response explaining whether Defendant John Doe has been identified and efforts to serve him and, if not, Plaintiff's efforts and diligence in seeking to identify him. See Lemarr v. John Doe Marshal(s) United States Marshals Serv. , Civ. Action No. L-05-167, 2008 WL 2078159, at *7 (S.D. Tex. May 15, 2008) ("While the use of 'John Doe' defendants is not favored, where appropriate, a litigant may use John Does as placeholders while diligently seeking the identify of the real parties, and then naming and serving such individuals.") (citing Colle v. Brazos Cnty. , 981 F.2d 237, 243 & n. 20 (5th Cir. 1993)). Failure to comply with this Order may result in the imposition of sanctions. (Ordered by Judge Ed Kinkeade on 3/26/2025) (chmb) |
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| 5 | 5
order
Order
Wed 03/26 11:32 AM
ELECTRONIC ORDER: Defendant Avis Rent A Car System, LLC removed this case to federal court on the basis of diversity jurisdiction, 28 U.S.C. § 1332(a). Upon removal, Defendant Avis was required to include its certificate of interested parties with its Notice of Removal but failed to do so. L. Civ. R. 81.1. Defendant Avis shall file this document by April 2, 2025. Defendant Avis is on notice that Rule 7.1(a)(2) requires an additional disclosure statement in all diversity matters. Each party's disclosure statement must "name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party[.]" Fed. R. Civ. P. 7.1(a)(2) (emphasis added). Accordingly, Defendant Avis shall ensure that its certificate of interested persons includes this required disclosure of its citizenship. (Ordered by Judge Ed Kinkeade on 3/26/2025) (chmb) |
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| Thursday, March 20, 2025 | ||
| 4 | 4
qcref
Kinkeade
Fri 03/21 10:05 AM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (kcr) |
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| 3 | 3
6
pgs
order
Order for Scheduling Order Proposal
Thu 03/20 8:00 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 3/20/2025) (chmb) |
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| 2 | 2
6
pgs
order
Order
Thu 03/20 7:58 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 3/20/2025) (chmb) |
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| 1 | 1
notice
Notice of Removal
Thu 03/20 7:46 PM
NOTICE OF REMOVAL filed by Avis Rent A Car System, LLC. (Filing fee $405; receipt number ATXNDC-15358104) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Smitherman, Tanya) |
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Att: 1
Exhibit(s) 1 - Index of State Court Documents,
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Att: 2
Exhibit(s) 1A - Plaintiff's Original Petition,
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Att: 3
Exhibit(s) 1B - Pls' request for Issuance of Citation,
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Att: 4
Exhibit(s) 1C - Citation to Avis Rent A Car System, LLC,
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Att: 5
Exhibit(s) 1D - ROS on Avis Rent A Car System, LLC,
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Att: 6
Exhibit(s) 1E - Defendant's Original Answer,
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Att: 7
Exhibit(s) 1F - Pl's Notice of Business Records Affidavit,
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Att: 8
Exhibit(s) 1G - Notice of Non-Jury Trial,
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Att: 9
Exhibit(s) 1H - Agreed Motion for Entry of Scheduling Order,
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Att: 10
Exhibit(s) 1I - Proposed Agreed Scheduling Order,
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Att: 11
Exhibit(s) 1J - Scheduling Order entered by the court,
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Att: 12
Exhibit(s) 1K - Notice of Non-Jury Trial,
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Att: 13
Exhibit(s) 1L - Agreed Motion for Entry of Scheduling Order,
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Att: 14
Exhibit(s) 1M - First Amended Proposed Scheduling Order,
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Att: 15
Exhibit(s) 1N - Notice of Non-Jury Trial,
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Att: 16
Exhibit(s) 1O - First Amended Scheduling Order,
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Att: 17
Exhibit(s) 1P - Notice of Deposition by Written Questions,
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Att: 18
Exhibit(s) 1Q - Amended Notice of Deposition by Written Questions,
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Att: 19
Exhibit(s) 1R - Def's Designation of Lead Counsel,
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Att: 20
Exhibit(s) 1S - Pl's Supplemental Notice of Filing Affidavits,
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Att: 21
Exhibit(s) 1T - Def's Notice of Deposition,
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Att: 22
Exhibit(s) 2 - State Court Docket Sheet,
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Att: 23
Exhibit(s) 3 - Pl's Initial Disclosures,
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Att: 24
Exhibit(s) 4 - Pl's Supplemental Disclosures,
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Att: 25
Exhibit(s) 5 - Pl's Second Supplemental Disclosures,
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Att: 26
Exhibit(s) 6 - Pl's Third Supplemental Disclosures,
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Att: 27
Exhibit(s) 7 - Voter Registration and Accurint Report,
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Att: 28
Cover Sheet,
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Att: 29
Cover Sheet Supplement
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