This case was last updated from PACER on 04/23/2021 at 10:25:12 (UTC).

Lopez-Victorino v. Target Corporation et al

Case Summary

On 02/22/2021 Lopez-Victorino filed a Personal Injury - Other Personal Injury lawsuit against Target Corporation. This case was filed in U.S. District Courts, Texas Northern District. The Judge overseeing this case is Reed C. O'Connor. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00171

  • Filing Date:

    02/22/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Texas Northern District

Judge Details

Presiding Judge

Reed C. O'Connor

 

Party Details

Plaintiff

Antonio Lopez-Victorino

Intervenor Plaintiff and Intervenor

Maria Jackson

Defendants

Target Corporation

Brian Lynn Colburn

Attorney/Law Firm Details

Plaintiff Attorneys

Carlos Lopez

Attorney at Queenan Law Firm PC

731 Station Drive

Arlington, TX 76015

M Kevin Queenan

Attorney at Queenan Law Firm PC

731 Station Dr

Arlington, TX 76015

John R Scotty MacLean

Attorney at MacLean Firm PC

4916 Camp Bowie Blvd.

Fort Worth, TX 76107

Regina N. Palmer-Coleman

Attorney at Queenan Law Firm, P.C.

731 Station Drive

Arlington, TX 76015

Intervenor Plaintiff and Intervenor Attorney

Jeffrey L Weinstein

Attorney at Jeffrey L Weinstein PC

518 E Tyler St

Athens, TX 75751

Defendant Attorneys

Sara Kimbrough Scudday

Attorney at Peavler|Briscoe

2215 Westgate Plaza

Grapevine, TX 76051

Donna C Peavler

Attorney at The Peavler Group

2215 Westgate Plaza

Grapevine, TX 76051

Michael W Stumbaugh, II

Attorney at PeavlerBriscoe

2215 Westgate Plaza

Grapevine, TX 76051

B Kyle Briscoe

Attorney at Peavler|Briscoe

2215 Westgate Plaza

Grapevine, TX 76051

Steven L Russell

Attorney at Russell & Wright PLLC

15770 Dallas Parkway, Suite 1050

Dallas, TX 75248

Michael C Wright

Attorney at Russell & Wright PLLC

15770 Dallas Parkway, Suite 1050

Dallas, TX 75248

 

Court Documents

19 #1

Remand Letter

#19

(#19) ORDER OF REMAND: The Court concludes that the parties are not diverse. Without complete diversity, this Court does not have subject-matter jurisdiction. See 28 U.S.C. 1332. Because the Court lacks subject-matter jurisdiction, the jurisdictional basis for removal was improper. Accordingly, the Court GRANTS Plaintiffs' Joint Motion for Remand (ECF No. #8 ); REMANDS the action to the 96th District Court of Tarrant County, Texas; DENIES Plaintiffs' request for attorney's fees; and DENIES as moot the Motion to Transfer Venue (ECF No. 4 ). The Court DENIES Plaintiffs' request for attorney's fees and costs for Target's improper removal of this action to federal court. (Ordered by Judge Reed C. O'Connor on 3/19/2021) (mmw) (Additional attachment(s) added on 3/19/2021: #1 Remand Letter) (mmw). (Entered: 03/19/2021)

18 #2

Exhibit(s) 2

18 #1

Exhibit(s) 1

#18

(#18) REPLY filed by Maria Jackson, Antonio Lopez-Victorino re: #8 MOTION (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Queenan, M) (Entered: 03/16/2021)

17 #2

Exhibit(s)

17 #1

Additional Page(s)

#17

(#17) REPLY filed by Target Corporation re: #8 MOTION, 4 MOTION to Transfer Case out of District/Division (Attachments: #1 Additional Page(s), #2 Exhibit(s)) (Peavler, Donna) (Entered: 03/11/2021)

#16

(#16) DEMAND for Trial by Jury by Maria Jackson. (Weinstein, Jeffrey) (Entered: 03/10/2021)

#15

(#15) DEMAND for Trial by Jury by Antonio Lopez-Victorino. (Queenan, M) (Entered: 03/08/2021)

#14

(#14) DEMAND for Trial by Jury by Target Corporation. (Peavler, Donna) (Entered: 03/08/2021)

#13

(#13) ORDER: Before the Court is Defendant Target's Unopposed Motion for Substitution of Counsel(ECF No. #12 ), filed March 4, 2021. The Court finds that the Motion should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 3/4/2021) (mmw) (Entered: 03/04/2021)

#12

(#12) MOTION to Withdraw as Attorney AS TO B. KYLE BRISCOE AND MICHAEL W. STUMBAUGH filed by Target Corporation (Peavler, Donna) (Entered: 03/04/2021)

9 #2

Proposed Order

#9

(#9) MOTION for Extension of Time to File Response/Reply to #8 Response/Objection filed by Target Corporation (Attachments: #1 Exhibit(s), #2 Proposed Order) (Peavler, Donna) (Entered: 03/01/2021)

8 #2

Exhibit(s) 2

8 #1

Exhibit(s) 1

#8

(#8) Joint Motion to Remand and Brief in Response to #1 Notice of Removal, Claim of Improper Joinder, and 4 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Queenan, M) Modified document title on 3/2/2021 (mmw). Modified on 3/2/2021 (mmw). (Entered: 02/26/2021)

29 More Documents Available

 

Docket Entries

  • 03/19/2021
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  • Docket(#19) ORDER OF REMAND: The Court concludes that the parties are not diverse. Without complete diversity, this Court does not have subject-matter jurisdiction. See 28 U.S.C. 1332. Because the Court lacks subject-matter jurisdiction, the jurisdictional basis for removal was improper. Accordingly, the Court GRANTS Plaintiffs' Joint Motion for Remand (ECF No. #8 ); REMANDS the action to the 96th District Court of Tarrant County, Texas; DENIES Plaintiffs' request for attorney's fees; and DENIES as moot the Motion to Transfer Venue (ECF No. 4 ). The Court DENIES Plaintiffs' request for attorney's fees and costs for Target's improper removal of this action to federal court. (Ordered by Judge Reed C. O'Connor on 3/19/2021) (mmw) (Additional attachment(s) added on 3/19/2021: #1 Remand Letter) (mmw). (Entered: 03/19/2021)

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  • 03/16/2021
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  • Docket(#18) REPLY filed by Maria Jackson, Antonio Lopez-Victorino re: #8 MOTION (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Queenan, M) (Entered: 03/16/2021)

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  • 03/11/2021
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  • Docket(#17) REPLY filed by Target Corporation re: #8 MOTION, 4 MOTION to Transfer Case out of District/Division (Attachments: #1 Additional Page(s), #2 Exhibit(s)) (Peavler, Donna) (Entered: 03/11/2021)

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  • 03/10/2021
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  • Docket(#16) DEMAND for Trial by Jury by Maria Jackson. (Weinstein, Jeffrey) (Entered: 03/10/2021)

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  • 03/08/2021
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  • Docket(#15) DEMAND for Trial by Jury by Antonio Lopez-Victorino. (Queenan, M) (Entered: 03/08/2021)

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  • 03/08/2021
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  • Docket(#14) DEMAND for Trial by Jury by Target Corporation. (Peavler, Donna) (Entered: 03/08/2021)

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  • 03/04/2021
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  • Docket(#13) ORDER: Before the Court is Defendant Target's Unopposed Motion for Substitution of Counsel(ECF No. #12 ), filed March 4, 2021. The Court finds that the Motion should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 3/4/2021) (mmw) (Entered: 03/04/2021)

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  • 03/04/2021
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  • Docket(#12) MOTION to Withdraw as Attorney AS TO B. KYLE BRISCOE AND MICHAEL W. STUMBAUGH filed by Target Corporation (Peavler, Donna) (Entered: 03/04/2021)

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  • 03/02/2021
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  • Docket(#11) ORDER: Having considered the briefing, relevant facts, and applicable law, the Court finds that the Motion for Extension of Time to Reply (ECF No. #9 ) should be and is hereby GRANTED. (Ordered by Judge Reed C. O'Connor on 3/2/2021) (mmw) (Entered: 03/02/2021)

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  • 03/02/2021
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  • Docket(#10) CERTIFICATE of Conference re #9 MOTION for Extension of Time to File Response/Reply to #8 Response/Objection by M Kevin Queenan on behalf of Antonio Lopez-Victorino (Attachments: #1 Exhibit(s) A) (Queenan, M) (Entered: 03/02/2021)

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  • 03/01/2021
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  • Docket(#9) MOTION for Extension of Time to File Response/Reply to #8 Response/Objection filed by Target Corporation (Attachments: #1 Exhibit(s), #2 Proposed Order) (Peavler, Donna) (Entered: 03/01/2021)

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  • 02/26/2021
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  • Docket(#8) Joint Motion to Remand and Brief in Response to #1 Notice of Removal, Claim of Improper Joinder, and 4 MOTION to Transfer Case out of District/Division (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Queenan, M) Modified document title on 3/2/2021 (mmw). Modified on 3/2/2021 (mmw). (Entered: 02/26/2021)

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  • 02/23/2021
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  • Docket(#7) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brian Lynn Colburn. (Russell, Steven) (Entered: 02/23/2021)

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  • 02/23/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Steven L Russell on behalf of Brian Lynn Colburn. (Filer confirms contact info in ECF is current.) (Russell, Steven) (Entered: 02/23/2021)

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  • 02/23/2021
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  • Docket(#5) ORDER: In the #1 Removal Notice, Defendant Target alleges improper joinder of Defendant Colburn in the underlying state suit and moves to transfer venue to the Dallas Division based on that alleged improper joinder. To efficiently resolve that motion, the Court ORDERS Plaintiff and Intervenor-Plaintiff to file a response addressing those issues on or before February 26, 2021. Target Corporation may reply no later than March 2, 2021. (Ordered by Judge Reed C. O'Connor on 2/23/2021) (mmw) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#4) MOTION to Transfer Venue filed by Target Corporation. (see doc #1 page 12 for image) (mmw) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#3) New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Target Corporation. (Peavler, Donna) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#1) NOTICE OF REMOVAL filed by Target Corporation. (Filing fee $402; receipt number 0539-11623273) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # 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: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Additional Page(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Cover Sheet, #6 Cover Sheet Supplement) (Peavler, Donna) (Entered: 02/22/2021)

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