This case was last updated from U.S. District Courts on 04/26/2022 at 07:38:38 (UTC).

GARCIA et al v. WINTERS et al

Case Summary

On 02/25/2022 GARCIA filed a Personal Injury - Motor Vehicle lawsuit against WINTERS. This case was filed in U.S. District Courts, Pennsylvania Eastern District Court. The Judge overseeing this case is CHAD F. KENNEY. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-00723

  • Filing Date:

    02/25/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

Judge Details

Presiding Judge

CHAD F. KENNEY

 

Party Details

Plaintiffs

MARGARITO OMAR GARCIA

ROILE GARCIA

S.G.

Cross Claimants, Cross Defendants and Defendants

ZERRIO WINTERS

U.S. XPRESS, INC.

XPRESS ASSURANCE INC

XPRESS HOLDINGS INC

MOUNTAIN LAKE RISK RETENTION GROUP, INC.

TOTAL LOGISTICS, INC.

TRANSPORTATION ASSETS LEASING, INC

TRANSPORTATION INVESTMENTS, INC

TOTAL TRANSPORTATION OF MISSISSIPPI, LLC

PILOT CORPORATION

PILOT TRAVEL CENTERS, LLC

PILOT FLYING J

FJ MANAGEMENT, INC.

19 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

PATRICK T. HENIGAN

Attorney at ECKELL SPARKS LEVY AUERBACH MONTE RAINER SLOANE MATTHEWS & A

300 West State Street, Suite 300

Media, PA 19063

GUSTAVO D. LAGE

Attorney at SANCHEZ-MEDINA GONZALEZ QUESADA LAGE

201 Alhambra Circle Suite 1205

Coral Gables, FL 33134

Cross Claimant, Cross Defendant and Defendant Attorneys

JAMES A. WESCOE

Attorney at WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP

2000 Market St., 13Th Fl

Philadelphia, PA 19103

KATHERINE TENZINGER

Attorney at WEBER GALLAGHER

2000 Market St Suite 1300

Philadelphia, PA 19103

MEGHAN F. HENRY

 

Court Documents

15 #1

Exhibit Exhibits

15 #15

Main Document

#14

(#14) ORDER THAT THE ABOVE CAPTIONED CASE IS HEREBY REFERRED TO MAGISTRATE JUDGE LYNNE A. SITARSKI TO CONDUCT A SETTLEMENT CONFERENCE. AN ON THE RECORD INITIAL PRETRIAL CONFERENCE (RULE 16) IS SCHEDULED FOR 5/5/22 AT 8:30 A.M. IN COURTROOM 11 B; ETC.. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/12/22. 4/12/22 ENTERED AND E-MAILED.(JL) (Entered: 04/12/2022)

#13

(#13) ORDERED THAT THE APPLICATION FOR ADMISSION PRO HAC VICE (DKT. NO. 11) OF GUSTAVO D. LAGE, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. PRO HAC VICE COUNSEL IS DIRECTED TO THE COURTS WEBSITE1 FOR INFORMATION NEEDED TO REGISTER FOR ECF IN THE EASTERN DISTRICT OF PENNSYLVANIA. LOCAL COUNSEL AND PRO HAC VICE COUNSEL ARE DIRECTED TO JUDGE KENNEYS PRACTICES AND PROCEDURES, 2 AND ARE FURTHER DIRECTED TO PAY ATTENTION SPECIFICALLY TO COURT APPEARANCES AND THE GUIDELINE AS TO RULE 16 CONFERENCES. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/8/22. 4/8/22 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 04/08/2022)

#12

(#12) Letter dated April 8, 2022, regarding April 5, 2022 Order by U.S. XPRESS, INC., ZERRIO WINTERS. (WESCOE, JAMES) (Entered: 04/08/2022)

11 #2

Text of Proposed Order

11 #1

Certificate of Service

11 #11

Main Document

#10

(#10) ORDERED THAT A REVIEW OF THE COURTS RECORDS SHOWS THAT A PLEADING HAS NOT BEEN FILED IN THE ABOVE-CAPTIONED ACTION IN RESPONSE TO THE COMPLAINT BY DEFENDANTS XPRESS ASSURANCE, INC., XPRESS HOLDINGS, INC., MOUNTAIN LAKE RISK RETENTION GROUP, INC., TOTAL LOGISTICS, INC., TRANSPORTATION ASSETS LEASING, INC., TRANSPORTATION INVESTMENTS, INC. AND TOTAL TRANSPORTATION OF MISSISSIPPI, LLC. IF SUCH A PLEADING IS NOT FILED BY THESE DEFENDANTS ON OR BEFORE APRIL 29, 2022, YOU MAY FILE A REQUEST WITH THE CLERK FOR ENTRY OF DEFAULT IN ACCORDANCE WITH RULE 55 OF THE FEDERAL RULES OF CIVIL PROCEDURE. IF THE REQUEST FOR DEFAULT IS NOT FILED BY MAY 6, 2022, THE COURT MAY ENTER AN ORDER DISMISSING THE CASE AGAINST DEFENDANTS XPRESS ASSURANCE, INC., XPRESS HOLDINGS, INC., MOUNTAIN LAKE RISK RETENTION GROUP, INC., TOTAL LOGISTICS, INC., TRANSPORTATION ASSETS LEASING, INC., TRANSPORTATION INVESTMENTS, INC. AND TOTAL TRANSPORTATION OF MISSISSIPPI, LLC FOR LACK OF PROSECUTION. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/5/22. 4/6/22 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 04/06/2022)

#9

(#9) Pilot Corporation, Pilot Travel Centers, LLC and FJ Management Inc, ANSWER to Complaint together with Affirmative Defenses To Plaintiff's Complaint , CROSSCLAIM against MOUNTAIN LAKE RISK RETENTION GROUP, INC., TOTAL LOGISTICS, INC., TOTAL TRANSPORTATION OF MISSISSIPPI, LLC, TRANSPORTATION ASSETS LEASING, INC, TRANSPORTATION INVESTMENTS, INC, U.S. XPRESS, INC., ZERRIO WINTERS, XPRESS ASSURANCE INC, XPRESS HOLDINGS INC by PILOT FLYING J, PILOT CORPORATION, PILOT TRAVEL CENTERS, LLC, FJ MANAGEMENT, INC..(HENRY, MEGHAN) Modified on 3/25/2022 (tjd). (Entered: 03/24/2022)

#8

(#8) NOTICE of Appearance by MEGHAN F. HENRY on behalf of FJ MANAGEMENT, INC., PILOT CORPORATION, PILOT FLYING J, PILOT TRAVEL CENTERS, LLC with Certificate of Service(HENRY, MEGHAN) (Entered: 03/24/2022)

#7

(#7) Defendant, Zerrio Winters' ANSWER to Complaint together with with Affirmative Defenses , CROSSCLAIM against FJ MANAGEMENT, INC., PILOT CORPORATION, PILOT FLYING J, PILOT TRAVEL CENTERS, LLC by ZERRIO WINTERS.(WESCOE, JAMES) (Entered: 03/15/2022)

#6

(#6) Defendant, U.S. Xpress, Inc.'s ANSWER to Complaint together with with Affirmative Defenses , CROSSCLAIM against FJ MANAGEMENT, INC., PILOT CORPORATION, PILOT FLYING J, PILOT TRAVEL CENTERS, LLC by U.S. XPRESS, INC..(WESCOE, JAMES) (Entered: 03/15/2022)

#5

(#5) ORDER THAT REMOVING DEFENDANTS ANSWER COMPLAINT BY 3/28/2022. SIGNED BY HONORABLE CHAD F. KENNEY ON 3/11/22. 3/11/22 ENTERED AND COPIES E-MAILED. (va) (Entered: 03/11/2022)

#3

(#3) ORDERED THAT COUNSEL CONTEMPLATING FILING A MOTION UNDER FED. R. CIV. P. 12(B)(6), (E), OR (F), SHALL FIRST CONTACT OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE CONTEMPLATED MOTION AND TO PROVIDE AN OPPORTUNITY TO CURE ANY ALLEGED PLEADING DEFICIENCIES OR STRIKE CERTAIN MATTER. THIS CONFERENCE SHALL TAKE PLACE AT LEAST SEVEN (7) DAYS BEFORE THE FILING OF THE MOTION. THE PARTIES SHALL CONDUCT SUBSTANTIVE VERBAL COMMUNICATIONS. EXCHANGES OF LETTERS OR EMAILS ARE INSUFFICIENT. A REPORT THAT OPPOSING COUNSEL WAS NOT AVAILABLE OR THAT THE PARTIES MADE REASONABLE EFFORTS IS LIKEWISE INSUFFICIENT. IF THE PARTIES CANNOT REACH A RESOLUTION THAT ELIMINATES THE NEED FOR ANY OF THE ABOVE-MENTIONED MOTIONS, COUNSEL FOR THE MOVING PARTY SHALL INCLUDE, ALONG WITH THE MOTION, A CERTIFICATION THAT THE PARTIES MET AND CONFERRED REGARDING THE ALLEGED PLEADING DEFICIENCIES OR MATTER SOUGHT TO BE STRICKEN. THE COURT WILL DENY ANY 12(B)(6), (E) OR (F) MOTION THAT FAILS TO CONFORM WITH THESE REQUIREMENTS. SIGNED BY HONORABLE CHAD F. KENNEY ON 2/28/22. 2/28/22 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 02/28/2022)

#2

(#2) Disclosure Statement Form pursuant to FRCP 7.1 by U.S. XPRESS, INC..(WESCOE, JAMES) (Entered: 02/25/2022)

1 #4

Exhibit

1 #1

Main Document

9 More Documents Available

 

Docket Entries

  • 04/18/2022
  • View Court Documents
  • Docket(#15) MOTION to Transfer Venue filed by U.S. XPRESS, INC., ZERRIO WINTERS.Memorandum, Certificate of Service. (Attachments: #1 Exhibit Exhibits)(WESCOE, JAMES) (Entered: 04/18/2022)

    Read MoreRead Less
  • 04/12/2022
  • View Court Documents
  • Docket(#14) ORDER THAT THE ABOVE CAPTIONED CASE IS HEREBY REFERRED TO MAGISTRATE JUDGE LYNNE A. SITARSKI TO CONDUCT A SETTLEMENT CONFERENCE. AN ON THE RECORD INITIAL PRETRIAL CONFERENCE (RULE 16) IS SCHEDULED FOR 5/5/22 AT 8:30 A.M. IN COURTROOM 11 B; ETC.. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/12/22. 4/12/22 ENTERED AND E-MAILED.(JL) (Entered: 04/12/2022)

    Read MoreRead Less
  • 04/08/2022
  • View Court Documents
  • Docket(#13) ORDERED THAT THE APPLICATION FOR ADMISSION PRO HAC VICE (DKT. NO. 11) OF GUSTAVO D. LAGE, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. PRO HAC VICE COUNSEL IS DIRECTED TO THE COURTS WEBSITE1 FOR INFORMATION NEEDED TO REGISTER FOR ECF IN THE EASTERN DISTRICT OF PENNSYLVANIA. LOCAL COUNSEL AND PRO HAC VICE COUNSEL ARE DIRECTED TO JUDGE KENNEYS PRACTICES AND PROCEDURES, 2 AND ARE FURTHER DIRECTED TO PAY ATTENTION SPECIFICALLY TO COURT APPEARANCES AND THE GUIDELINE AS TO RULE 16 CONFERENCES. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/8/22. 4/8/22 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 04/08/2022)

    Read MoreRead Less
  • 04/08/2022
  • View Court Documents
  • Docket(#12) Letter dated April 8, 2022, regarding April 5, 2022 Order by U.S. XPRESS, INC., ZERRIO WINTERS. (WESCOE, JAMES) (Entered: 04/08/2022)

    Read MoreRead Less
  • 04/07/2022
  • View Court Documents
  • Docket(#11) APPLICATION for Admission Pro Hac Vice of Gustavo D. Lage by MARGARITO OMAR GARCIA(Individually). ( Filing fee $ 40 receipt number APAEDC-15843162.). (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(HENIGAN, PATRICK) (Entered: 04/07/2022)

    Read MoreRead Less
  • 04/05/2022
  • View Court Documents
  • Docket(#10) ORDERED THAT A REVIEW OF THE COURTS RECORDS SHOWS THAT A PLEADING HAS NOT BEEN FILED IN THE ABOVE-CAPTIONED ACTION IN RESPONSE TO THE COMPLAINT BY DEFENDANTS XPRESS ASSURANCE, INC., XPRESS HOLDINGS, INC., MOUNTAIN LAKE RISK RETENTION GROUP, INC., TOTAL LOGISTICS, INC., TRANSPORTATION ASSETS LEASING, INC., TRANSPORTATION INVESTMENTS, INC. AND TOTAL TRANSPORTATION OF MISSISSIPPI, LLC. IF SUCH A PLEADING IS NOT FILED BY THESE DEFENDANTS ON OR BEFORE APRIL 29, 2022, YOU MAY FILE A REQUEST WITH THE CLERK FOR ENTRY OF DEFAULT IN ACCORDANCE WITH RULE 55 OF THE FEDERAL RULES OF CIVIL PROCEDURE. IF THE REQUEST FOR DEFAULT IS NOT FILED BY MAY 6, 2022, THE COURT MAY ENTER AN ORDER DISMISSING THE CASE AGAINST DEFENDANTS XPRESS ASSURANCE, INC., XPRESS HOLDINGS, INC., MOUNTAIN LAKE RISK RETENTION GROUP, INC., TOTAL LOGISTICS, INC., TRANSPORTATION ASSETS LEASING, INC., TRANSPORTATION INVESTMENTS, INC. AND TOTAL TRANSPORTATION OF MISSISSIPPI, LLC FOR LACK OF PROSECUTION. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/5/22. 4/6/22 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 04/06/2022)

    Read MoreRead Less
  • 03/24/2022
  • View Court Documents
  • Docket(#9) Pilot Corporation, Pilot Travel Centers, LLC and FJ Management Inc, ANSWER to Complaint together with Affirmative Defenses To Plaintiff's Complaint , CROSSCLAIM against MOUNTAIN LAKE RISK RETENTION GROUP, INC., TOTAL LOGISTICS, INC., TOTAL TRANSPORTATION OF MISSISSIPPI, LLC, TRANSPORTATION ASSETS LEASING, INC, TRANSPORTATION INVESTMENTS, INC, U.S. XPRESS, INC., ZERRIO WINTERS, XPRESS ASSURANCE INC, XPRESS HOLDINGS INC by PILOT FLYING J, PILOT CORPORATION, PILOT TRAVEL CENTERS, LLC, FJ MANAGEMENT, INC..(HENRY, MEGHAN) Modified on 3/25/2022 (tjd). (Entered: 03/24/2022)

    Read MoreRead Less
  • 03/24/2022
  • View Court Documents
  • Docket(#8) NOTICE of Appearance by MEGHAN F. HENRY on behalf of FJ MANAGEMENT, INC., PILOT CORPORATION, PILOT FLYING J, PILOT TRAVEL CENTERS, LLC with Certificate of Service(HENRY, MEGHAN) (Entered: 03/24/2022)

    Read MoreRead Less
  • 03/15/2022
  • View Court Documents
  • Docket(#7) Defendant, Zerrio Winters' ANSWER to Complaint together with with Affirmative Defenses , CROSSCLAIM against FJ MANAGEMENT, INC., PILOT CORPORATION, PILOT FLYING J, PILOT TRAVEL CENTERS, LLC by ZERRIO WINTERS.(WESCOE, JAMES) (Entered: 03/15/2022)

    Read MoreRead Less
  • 03/15/2022
  • View Court Documents
  • Docket(#6) Defendant, U.S. Xpress, Inc.'s ANSWER to Complaint together with with Affirmative Defenses , CROSSCLAIM against FJ MANAGEMENT, INC., PILOT CORPORATION, PILOT FLYING J, PILOT TRAVEL CENTERS, LLC by U.S. XPRESS, INC..(WESCOE, JAMES) (Entered: 03/15/2022)

    Read MoreRead Less
  • 03/11/2022
  • View Court Documents
  • Docket(#5) ORDER THAT REMOVING DEFENDANTS ANSWER COMPLAINT BY 3/28/2022. SIGNED BY HONORABLE CHAD F. KENNEY ON 3/11/22. 3/11/22 ENTERED AND COPIES E-MAILED. (va) (Entered: 03/11/2022)

    Read MoreRead Less
  • 03/03/2022
  • Docket(#4) Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA County. (fdc) (Entered: 03/03/2022)

    Read MoreRead Less
  • 02/28/2022
  • View Court Documents
  • Docket(#3) ORDERED THAT COUNSEL CONTEMPLATING FILING A MOTION UNDER FED. R. CIV. P. 12(B)(6), (E), OR (F), SHALL FIRST CONTACT OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE CONTEMPLATED MOTION AND TO PROVIDE AN OPPORTUNITY TO CURE ANY ALLEGED PLEADING DEFICIENCIES OR STRIKE CERTAIN MATTER. THIS CONFERENCE SHALL TAKE PLACE AT LEAST SEVEN (7) DAYS BEFORE THE FILING OF THE MOTION. THE PARTIES SHALL CONDUCT SUBSTANTIVE VERBAL COMMUNICATIONS. EXCHANGES OF LETTERS OR EMAILS ARE INSUFFICIENT. A REPORT THAT OPPOSING COUNSEL WAS NOT AVAILABLE OR THAT THE PARTIES MADE REASONABLE EFFORTS IS LIKEWISE INSUFFICIENT. IF THE PARTIES CANNOT REACH A RESOLUTION THAT ELIMINATES THE NEED FOR ANY OF THE ABOVE-MENTIONED MOTIONS, COUNSEL FOR THE MOVING PARTY SHALL INCLUDE, ALONG WITH THE MOTION, A CERTIFICATION THAT THE PARTIES MET AND CONFERRED REGARDING THE ALLEGED PLEADING DEFICIENCIES OR MATTER SOUGHT TO BE STRICKEN. THE COURT WILL DENY ANY 12(B)(6), (E) OR (F) MOTION THAT FAILS TO CONFORM WITH THESE REQUIREMENTS. SIGNED BY HONORABLE CHAD F. KENNEY ON 2/28/22. 2/28/22 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 02/28/2022)

    Read MoreRead Less
  • 02/25/2022
  • View Court Documents
  • Docket(#2) Disclosure Statement Form pursuant to FRCP 7.1 by U.S. XPRESS, INC..(WESCOE, JAMES) (Entered: 02/25/2022)

    Read MoreRead Less
  • 02/25/2022
  • View Court Documents
  • Docket(#1) NOTICE OF REMOVAL by U.S. XPRESS, INC., ZERRIO WINTERS (Filing fee $ 402 receipt number APAEDC-15750718), filed by U.S. XPRESS, INC., ZERRIO WINTERS. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form, #4 Exhibit)(WESCOE, JAMES) (Entered: 02/25/2022)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where FJ Management Inc is a litigant

Latest cases where TOTAL TRANSPORTATION OF MISSISSIPPI LLC is a litigant

Latest cases where SG is a litigant

Latest cases where Mountain Lake Risk Retention Group, Inc. is a litigant