Texas Western District Court
Judge:Fred Biery
Case #: 5:17-cv-01039
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1441 Petition for Removal- Personal Injury
Case Filed:Oct 13, 2017
Terminated:Sep 28, 2018
Last checked: Wednesday Apr 11, 2018 4:07 AM CDT
Defendant
Brundage-Bone Concrete Pumping, Inc
1826 N. Loop 1604 W Suite 275
San Antonio, TX 78248
Represented By
Jose J. Trevino, Jr.
Valdez & Trevino
contact info
Defendant
Pablo Doe
1826 N. Loop 1604 W Suite 275
San Antonio, TX 78248
Plaintiff
George Acosta
4112 San Pedro Avenue
San Antonio, TX 78212
Represented By
David McQuade Leibowitz
Law Offices Of David Mcquade Leibowitz, P.C.
contact info
David M. Leibowitz
Law Offices Of David Mcquade Leibowitz, P.C.
contact info
Plaintiff
Gloria Acosta
4112 San Pedro Avenue
San Antonio, TX 78212
Represented By
David McQuade Leibowitz
Law Offices Of David Mcquade Leibowitz, P.C.
contact info
David M. Leibowitz
Law Offices Of David Mcquade Leibowitz, P.C.
contact info
Plaintiff
Israel G Acosta
4112 San Pedro Avenue
San Antonio, TX 78212
Represented By
David McQuade Leibowitz
Law Offices Of David Mcquade Leibowitz, P.C.
contact info
David M. Leibowitz
Law Offices Of David Mcquade Leibowitz, P.C.
contact info


Docket last updated: 11 hours ago
Friday, September 28, 2018
42 42 misc Letter/Correspondence Fri 09/28 10:36 AM
Remand Letter to the 57th Judicial District of Bexar County. (aej)
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41 41 7 pgs order Order on Motion to Appear Pro Hac Vice Order on Motion to Remand to State Court Fri 09/28 9:15 AM
ORDER GRANTING4 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order.; GRANTING6 Motion to Remand to State Court. Signed by Judge Fred Biery. (aej)
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Wednesday, September 26, 2018
40 40 misc Attachment Wed 09/26 2:13 PM
ATTACHMENT Proposed Order to38 Unopposed MOTION for Leave to File Second Amended Answer and Affirmative Defenses to Plaintiffs' Third Amended Petition by Brundage-Bone Concrete Pumping, Inc. (Trevino, Jose)
Related: [-]
39 39 notice Deficiency Notice Wed 09/26 1:55 PM
DEFICIENCY NOTICE:***NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - MISSING PROPOSED ORDER*** re 38 Unopposed MOTION for Leave to File Second Amended Answer and Affirmative Defenses to Plaintiffs' Third Amended Petition (aej)
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38 38 motion Leave to File Document Wed 09/26 12:04 PM
***DOCUMENT DEFICIENT - MISSING PROPOSED ORDER***Unopposed MOTION for Leave to File Second Amended Answer and Affirmative Defenses to Plaintiffs' Third Amended Petition by Brundage-Bone Concrete Pumping, Inc.(Trevino, Jose) Modified on 9/26/2018 (aej)
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Att: 1 Exhibit A
Friday, September 21, 2018
37 37 respm Reply to Response to Motion Fri 09/21 4:37 PM
REPLY to Response to Motion, filed by Brundage-Bone Concrete Pumping, Inc, re33 MOTION for Leave to File Desingate Responsible Third Parties filed by Defendant Brundage-Bone Concrete Pumping, Inc Defendant's Reply to Plaintiff's Objections to Defendant's Motion for Leave to Designate Responsible Third Parties(Trevino, Jose)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
Friday, September 14, 2018
36 36 respm Response in Opposition to Motion Fri 09/14 5:17 PM
Response in Opposition to Motion, filed by George Acosta, Gloria Acosta, Israel G Acosta, re33 MOTION for Leave to File Desingate Responsible Third Parties filed by Defendant Brundage-Bone Concrete Pumping, Inc Plaintiffs' Objections to Defendant, Brundage-Bone Concrete Pumping, Inc.'s Motion for Leave to Designate Responsible Third Parties, Subject to Their Motion to Remand(Leibowitz, David)
Related: [-]
Att: 1 Proposed Order Long Version,
Att: 2 Proposed Order Short Version
Wednesday, September 12, 2018
35 35 misc Advisory to the Court Wed 09/12 3:45 PM
ADVISORY TO THE COURT by Brundage-Bone Concrete Pumping, Inc.(Trevino, Jose)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
Friday, August 31, 2018
34 34 misc Proposed Pretrial Order Fri 08/31 4:37 PM
Proposed Pretrial Order Granting Defendant's Motion for Leave to Designate Responsible Third Parties by Brundage-Bone Concrete Pumping, Inc. (Trevino, Jose)
Related: [-]
33 33 motion Leave to File Document Fri 08/31 4:11 PM
MOTION for Leave to File Desingate Responsible Third Parties by Brundage-Bone Concrete Pumping, Inc.(Trevino, Jose)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
Thursday, August 30, 2018
32 32 respm Reply to Response to Motion Thu 08/30 12:01 PM
REPLY to Response to Motion, filed by Brundage-Bone Concrete Pumping, Inc, re29 MOTION to Strike and Exclude Plaintiff's Experts filed by Defendant Brundage-Bone Concrete Pumping, Inc Defendant' Reply to Plaintiff's Response to Defendant's Opposed Motion to Strike and Exclude Experts(Trevino, Jose)
Related: [-]
Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit C,
Att: 4 Exhibit Exhibit D
Thursday, August 23, 2018
31 31 respm Response in Opposition to Motion Thu 08/23 4:28 PM
Response in Opposition to Motion, filed by George Acosta, Gloria Acosta, Israel G Acosta, re29 MOTION to Strike and Exclude Plaintiff's Experts filed by Defendant Brundage-Bone Concrete Pumping, Inc Plaintiffs' Response to Defendant Brundage-Bone Concrete Pumping, Inc.'s Motion to Strike and Exclude Plaintiffs' Experts, Subject to Their Motion to Remand (and Proposed Order)(Leibowitz, David)
Related: [-]
Att: 1 Proposed Order Proposed Order
Thursday, August 16, 2018
30 30 misc Attachment Thu 08/16 11:15 AM
ATTACHMENT Proposed Order to29 MOTION to Strike and Exclude Plaintiff's Experts by Brundage-Bone Concrete Pumping, Inc. (Trevino, Jose)
Related: [-]
29 29 motion Strike Thu 08/16 10:19 AM
MOTION to Strike and Exclude Plaintiff's Experts by Brundage-Bone Concrete Pumping, Inc.(Trevino, Jose)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
Monday, August 13, 2018
28 28 misc Proposed Pretrial Order Mon 08/13 5:55 PM
Proposed Pretrial Order to Plaintiffs' Response to Defendant Brundage-Bone Concrete Pumping, Inc.'s No-Evidence Motion for Summary Judgment, Subject to Their Motion to Remand by George Acosta, Gloria Acosta, Israel G Acosta. (Leibowitz, David)
Related: [-]
27 27 respm Response to Motion Mon 08/13 3:27 PM
RESPONSE to Motion, filed by George Acosta, Gloria Acosta, Israel G Acosta, re24 MOTION for Summary Judgment filed by Defendant Brundage-Bone Concrete Pumping, Inc Plaintiffs' Response to Defendant's No-Evidence Motion for Summary Judgment Subject to Their Motion to Remand(Leibowitz, David)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Exhibit G,
Att: 8 Exhibit H,
Att: 9 Exhibit I
Monday, July 23, 2018
26 26 notice Notice of Filing Mon 07/23 4:03 PM
NOTICE of Filing Agreement between the Parties for Extension for Plaintiffs' Reply/Response to Defendant's No-Evidence Motion for Summary Judgment by George Acosta, Gloria Acosta, Israel G Acosta (Leibowitz, David)
Related: [-]
Friday, July 20, 2018
25 25 notice Notice of Change of Address Fri 07/20 4:45 PM
NOTICE of Change of Address by David McQuade Leibowitz (Leibowitz, David)
Related: [-]
Wednesday, July 11, 2018
24 24 motion Summary Judgment Wed 07/11 5:32 PM
MOTION for Summary Judgment by Brundage-Bone Concrete Pumping, Inc.(Trevino, Jose)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Proposed Order
Monday, June 11, 2018
23 23 respm Reply to Response to Motion Mon 06/11 5:12 PM
REPLY to Response to Motion, filed by Brundage-Bone Concrete Pumping, Inc, re20 MOTION to Exclude Plaintiff's Expert, Stephen E. Fournier, P.E. filed by Defendant Pablo Doe, Defendant Brundage-Bone Concrete Pumping, Inc(Trevino, Jose)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B
Monday, June 04, 2018
22 22 misc Response Mon 06/04 3:48 PM
RESPONSE Plaintiffs' Response to Defendant's Motion to Exclude Plaintiffs' Expert, Stephen E. Fournier to20 MOTION to Exclude Plaintiff's Expert, Stephen E. Fournier, P.E. by George Acosta, Gloria Acosta, Israel G Acosta.(Leibowitz, David)
Related: [-]
Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit C,
Att: 4 Exhibit Exhibit D,
Att: 5 Proposed Order Proposed Order Denying Defendant's Motion to Exclude Plaintiffs' Expert, Stephen E. Fournier
Thursday, May 24, 2018
21 21 misc Proposed Pretrial Order Thu 05/24 5:39 PM
Proposed Pretrial Order Granting Defendant's Motion to Exclude Plaintiffs' Expert by Brundage-Bone Concrete Pumping, Inc, Pablo Doe. (Trevino, Jose)
Related: [-]
20 20 motion Exclude Thu 05/24 5:07 PM
MOTION to Exclude Plaintiff's Expert, Stephen E. Fournier, P.E. by Brundage-Bone Concrete Pumping, Inc, Pablo Doe.(Trevino, Jose)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
Tuesday, April 10, 2018
19 19 misc Attachment Tue 04/10 1:50 PM
ATTACHMENT Proposed Order to17 MOTION to Amend/Correct by Brundage-Bone Concrete Pumping, Inc. (Trevino, Jose)
Related: [-]
18 18 notice Deficiency Notice Tue 04/10 9:01 AM
DEFICIENCY NOTICE:***NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - MISSING PROPOSED ORDER*** re 17 MOTION to Amend/Correct (aej)
Related: [-]
Monday, April 09, 2018
17 17 respoth Amended Answer to Complaint Mon 04/09 5:54 PM
AMENDED ANSWER to Plaintiff's Third Amended Petition by Brundage-Bone Concrete Pumping, Inc.(Trevino, Jose)
Related: [-]
Att: 1 Exhibit Exhibit A to Defendant's Motion for Leave to File FIrst Amended Answer
Thursday, January 11, 2018
16 16 adr ADR Report - Other Thu 01/11 10:34 AM
ADR Report Filed - ADR Report by George Acosta, Gloria Acosta, Israel G Acosta(Leibowitz, David)
Related: [-]
Monday, December 04, 2017
15 15 notice Notice of Filing Mon 12/04 12:47 PM
NOTICE of Filing Plaintiffs' Certificate of Discovery Initial Disclosures by George Acosta, Gloria Acosta, Israel G Acosta (Leibowitz, David)
Related: [-]
Monday, November 27, 2017
14 14 misc Advisory to the Court Mon 11/27 5:02 PM
ADVISORY TO THE COURT by Brundage-Bone Concrete Pumping, Inc. (Trevino, Jose)
Related: [-]
13 13 respm Reply to Response to Motion Mon 11/27 2:48 PM
REPLY to Response to Motion, filed by George Acosta, Gloria Acosta, Israel G Acosta, re6 MOTION to Remand to State Court filed by Plaintiff Gloria Acosta, Plaintiff George Acosta, Plaintiff Israel G Acosta Plaintiffs' Reply to Defendant's Response to Their Motion to Remand (Leibowitz, David)
Related: [-]
Monday, November 20, 2017
12 12 respm Response to Motion Mon 11/20 5:16 PM
RESPONSE to Motion, filed by Brundage-Bone Concrete Pumping, Inc, re6 MOTION to Remand to State Court filed by Plaintiff Gloria Acosta, Plaintiff George Acosta, Plaintiff Israel G Acosta (Trevino, Jose)
Related: [-]
Friday, November 17, 2017
11 11 1 pgs order Order Mon 11/20 11:56 AM
Court Advisory Concerning Discovery. Signed by Judge Fred Biery. (aej)
Related: [-]
10 10 order Scheduling Order Notice of Right to Consent to Magistrate Trial Mon 11/20 11:55 AM
SCHEDULING ORDER:( ADR Report Deadline due by 1/11/2018, Amended Pleadings due by 4/9/2018, Discovery due by 6/11/2018, Joinder of Parties due by 4/9/2018, Motions due by 7/11/2018), Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Fred Biery. (aej)
Related: [-]
Thursday, November 16, 2017
9 9 misc Scheduling Recommendations/Proposed Scheduling Order Thu 11/16 5:25 PM
Scheduling Recommendations First Amended by Brundage-Bone Concrete Pumping, Inc. (Trevino, Jose)
Related: [-]
8 8 misc Scheduling Recommendations/Proposed Scheduling Order Thu 11/16 3:07 PM
Proposed Scheduling Order by George Acosta, Gloria Acosta, Israel G Acosta. (Leibowitz, David)
Related: [-]
7 7 misc Scheduling Recommendations/Proposed Scheduling Order Thu 11/16 3:06 PM
Scheduling Recommendations (Agreed) by George Acosta, Gloria Acosta, Israel G Acosta. (Leibowitz, David)
Related: [-]
Monday, November 13, 2017
6 6 motion Remand to State Court Mon 11/13 3:16 PM
MOTION to Remand to State Court by George Acosta, Gloria Acosta, Israel G Acosta.(Leibowitz, David)
Related: [-]
Att: 1 Proposed Order
5 5 notice Notice Mon 11/13 3:12 PM
NOTICE Advisory to the Court by David McQuade Leibowitz, Attorney for Plaintiffs by George Acosta, Gloria Acosta, Israel G Acosta(Leibowitz, David)
Related: [-]
Att: 1 Exhibit SBOT Certificate of Good Standing,
Att: 2 Exhibit FBA Certificate of Completion of Federal Court Practice Seminar
Thursday, November 02, 2017
4 4 motion Appear Pro Hac Vice Thu 11/02 4:56 PM
MOTION to Appear Pro Hac Vice by David M. Leibowitz ( Filing fee $ 100 receipt number 0542-10142756) by on behalf of George Acosta, Gloria Acosta, Israel G Acosta.(Leibowitz, David)
Related: [-]
Att: 1 Exhibit A - Certificate of Good Standing,
Att: 2 Exhibit B - Confirmation of Registration for Federal Court Practice Seminar on 11.03.17,
Att: 3 Proposed Order
Tuesday, October 17, 2017
3 3 7 pgs order Order for Scheduling Recommendations/Proposed Sched Order Notice of Right to Consent to Magistrate Trial Tue 10/17 1:45 PM
Order for Scheduling Recommendations and Advisory Concerning Assignment of Magistrate Judge. Plaintiff shall submit a proposed scheduling order to the Court within 30 days of the date of this order. Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Fred Biery. (aej)
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Monday, October 16, 2017
2 2 misc Letter/Correspondence Mon 10/16 10:53 AM
Letter to attorney, David M. Leibowitz, regarding admittance to practice in the Western District of Texas. (aej)
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Friday, October 13, 2017
1 1 notice Notice of Removal Fri 10/13 5:25 PM
NOTICE OF REMOVAL by Brundage-Bone Concrete Pumping, Inc (Filing fee $400 receipt number 0542-10075945), filed by Brundage-Bone Concrete Pumping, Inc.(Trevino, Jose)
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Att: 1 Civil Cover Sheet,
Att: 2 Supplement JS 44,
Att: 3 Exhibit A,
Att: 4 Exhibit B,
Att: 5 Exhibit C,
Att: 6 Exhibit D,
Att: 7 Exhibit E
utility Case Assigned/Reassigned Mon 10/16 9:45 AM
Case assigned to Judge Fred Biery. 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. (aej)
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misc To be Referred to SA Mag Judge Mon 10/16 9:45 AM
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (aej)
Related: [-]