Torts/Pers Inj: Motor Vehicle | Texas Northern

Order

ELECTRONIC ORDER: Plaintiff filed this case in state court on April 6, 2022, and Defendant Claudio Tapia removed the case to federal court on December 13, 2022. See generally Doc. No. 1. Based on the recent amended Notice of Removal, it is unclear whether or not Plaintiff properly served Defendant Christopher Michalski prior to removal from state court. Doc. No. 10 at 2. If Plaintiff did properly serve Defendant Christopher Michalski prior to removal, Plaintiff must file return of service by February 1, 2023. If Plaintiff did not serve Defendant Michalski prior to removal, Plaintiff must effectuate service of summons from this Court and a copy of the pleading on Defendant Christopher Michalski by February 13, 2023; otherwise, Plaintiff's claims against Defendant Christopher Michalski will dismissed without prejudice and without further notice absent good cause shown. See Fed. R. Civ. P. 4(c)(1), 4(m); Local Civil Rule 4.1. (Ordered by Judge Ed Kinkeade on 1/30/2023) (chmb)

Contract: Insurance | Texas Northern

Order

ELECTRONIC ORDER: Before the Court is Defendant's First Amended Answer. Doc. No. 7. Per Fed. R. Civ. P 15(a)(1), "A party may amend its pleading once as a matter of course within: (A) 21 days after serving it; or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Filed on January 27, 2023, Fed. R. Civ. P. 15(a)(1) does not apply to Defendants First Amended Answer. Pursuant to Fed. R. Civ. P. 15(a)(2), then, "In all other cases, a party may amend its pleading only with the opposing partys written consent or the courts leave." It does not appear that Defendant filed its First Amended Answer with the opposing party's written consent. Thus, by February 3, 2023, the Court ORDERS Defendant to supplement its First Amended Answer with Plaintiffs' written consent. If Defendant fails to timely comply with this Order, the Court will unfile Defendant's First Amended Answer; Defendant can then motion the court for leave to amend its Answer. (Ordered by Judge Ed Kinkeade on 1/30/2023) (chmb)

P.I.: Other | Texas Southern

Summons Issued/Not Issued

Summons Issued as to Apex Construction, Inc. Issued summons delivered to plaintiff by NEF, filed. (RachelWillborg, 4)