Case details

Court: txed
Docket #: 2:96-cv-00208
Case Name: Heap, et al v. Madden Contracting
PACER case #: 37691
Date filed: 1996-11-12
Date terminated: 1998-02-24
Assigned to: Judge Howell Cobb
Case Cause: 28:1332 Diversity-Personal Injury
Nature of Suit: 360 P.I.: Other
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Kelly Heap
Plaintiff
individually & as Independent Executrix of the Estate of Shane Heap Deceased & as Next Friend of Haley Lee Heap, a Minor, and Lance Taylor Heap, a Minor
Daryl Lee Derryberry
Derryberry & Zips 100 E Ferguson St Suite 1212 Tyler, TX 75702 903/526-2767 Fax: 903/526-2714 Email: dld@dzlawgroup.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Haley Lee Heap
Plaintiff
a Minor
Lance Taylor Heap
Plaintiff
a Minor
Madden Contracting Company Inc
Defendant
Paul Howard Gilliam
Ramey & Flock 100 East Ferguson Ste 500 Tyler, TX 75702 903/597-3301 Fax: 9035972413 Email: paulg@rameyflock.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Madden Contracting Company Inc
ThirdParty Plaintiff
Paul Howard Gilliam
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adams Brothers Inc
ThirdParty Defendant
Michael E Jones
Potter Minton, a Professional Corporation 110 N College Avenue Suite 500 Tyler, TX 75702 903-597-8311 Fax: 903-593-0846 Email: mikejones@potterminton.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Texas Department of Transportation
ThirdParty Defendant
TERMINATED: 06/20/1997
David B Strain
Walsh, Anderson, Brown, Gallegos and Green, P.C. 505 East Huntland Drive Suite 600 Austin, TX 78752 512-936-1141 Fax: 512-472-2548 Email: dbs@oag.state.tx.us
TERMINATED: 06/20/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1996-11-12 1 0 Original Complaint filed (ktd) (Entered: 11/14/1996)
1996-11-12 2 0 In compliance with Article One of the Civil Justice Expense and Delay Reduction Plan, and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (ktd) (Entered: 11/14/1996)
1996-12-06 3 0 (Filed in Tyler) Answer to complaint by Madden Contracting (Mailed track assignment form.) (ktd) (Entered: 12/10/1996)
1996-12-19 4 0 (Filed in Tyler) Demand for jury trial by Madden Contracting (ktd) (Entered: 12/23/1996)
1996-12-31 5 0 Notice of initial disclosure by Madden Contracting (ktd) (Entered: 01/06/1997)
1997-01-06 6 0 MOTION by Madden Contracting for leave to file Third Party Complaint against Adams Brothers Inc, State of Texas and Texas Department of Transportation (ktd) (Entered: 01/07/1997)
1997-01-17 7 0 Notice of disclosure by Kelly Heap, Haley Lee Heap, Lance Taylor Heap (poa) (Entered: 01/17/1997)
1997-03-07 8 0 ORDER granting [6-1] motion for leave to file Third Party Complaint against Adams Brothers Inc, State of Texas and Texas Department of Transportation ( signed by Judge Howell Cobb 3/5/97) cc: attys mld 3/7/97 (poa) (Entered: 03/07/1997)
1997-03-13 9 0 Third-party complaint by Madden Contracting against Adams Brothers Inc, Texas Department of Transportation "DOT" (ktd) (Entered: 03/13/1997)
1997-04-18 10 0 MOTION by Texas Dept of Trans to dismiss action (poa) Modified on 04/21/1997 (Entered: 04/21/1997)
1997-04-18 11 0 Memorandum (Brief) by Texas Dept of Trans in support of [10-1] motion to dismiss action (poa) (Entered: 04/21/1997)
1997-04-22 12 0 Return of personal service executed as to Texas Dept of Trans 4/8/97; Answer due on 4/28/97 for Texas Dept of Trans (ktd) (Entered: 04/23/1997)
1997-04-28 13 0 Answer to third party complaint by Adams Brothers Inc (Mailed track assignment form.) (poa) (Entered: 04/29/1997)
1997-04-30 14 0 MOTION by Texas Dept of Trans for David B Strain to appear pro hac vice (poa) (Entered: 04/30/1997)
1997-05-07 15 0 Notice of Michael E Jones as attorney in charge for Adams Brothers Inc by (poa) (Entered: 05/07/1997)
1997-05-14 16 0 Memorandum (BRIEF) by Adams Brothers Inc in support of [0-1] motion to change venue to the Tyler Division (poa) (Entered: 05/14/1997)
1997-05-14 17 0 Memorandum (BRIEF) by Adams Brothers Inc in support of its motion to abstain (poa) (Entered: 05/14/1997)
1997-05-22 18 0 MOTION by Madden Contracting for nonsuit without prejudice as to The State of Texas through its agency The Texas Department of Transporation (poa) (Entered: 05/22/1997)
1997-05-22 19 0 Memorandum (Brief) by Madden Contracting in support of [19-1] motion to join motion to transfer venue of third-poarty dft Admas Brothers Inc (poa) (Entered: 05/22/1997)
1997-05-22 20 0 ORDER granting [14-1] motion for David B Strain to appear pro hac vice ( signed by Judge Howell Cobb 5/19/97 ) cc: attys mld 5/22/97 (poa) (Entered: 05/22/1997)
1997-05-23 21 0 Motion by Kelly Heap, Haley Lee Heap, Lance Taylor Heap to extend time to respond to dft Adams Borthers Inc motion to Abstain (poa) (Entered: 05/23/1997)
1997-05-30 22 0 Notice of initial disclosure by Adams Brothers Inc (ktd) (Entered: 05/30/1997)
1997-06-03 23 0 Unopposed Motion by Madden Contracting to take addtl deposition of fact witness (ktd) (Entered: 06/03/1997)
1997-06-12 24 0 ORDER granting [23-1] motion to take addtl deposition of fact witness; dft Madden is permitted to take the depo of Lloyd Berry with proper notice ( signed by Judge Howell Cobb 6/12/97 cc: attys & HC mld 6/12/97) (ktd) (Entered: 06/12/1997)
1997-06-12 25 0 Response by Kelly Heap, Haley Lee Heap, Lance Taylor Heap to 3dpty dft Adams Bro Inc motion to transfer venue (ktd) (Entered: 06/12/1997)
1997-06-12 26 0 Response by Kelly Heap, Haley Lee Heap, Lance Taylor Heap to 3dpty dft Adams Bro Inc motion to abstain (ktd) (Entered: 06/12/1997)
1997-06-19 27 0 Notice of lst supplemental disclosure by Madden Contracting (ktd) (Entered: 06/19/1997)
1997-06-20 28 0 ORDER granting [18-1] motion for nonsuit without prejudice as to The State of Texas through its agency The Texas Department of Transporation; with all costs of ct taxed against Third Party plaintiff. OB Ref: v82 p79 ( signed by Judge Howell Cobb 6/18/97 cc: attys & HC mld 6/20/97) (ktd) (Entered: 06/20/1997)
1998-01-15 29 0 ORDER, set management conference for 10:30 2/2/98 by phone before Judge Howell Cobb ( signed by Judge Howell Cobb 1/15/98 )cc: attys mld 1/20/98 (poa) (Entered: 01/20/1998)
1998-01-20 30 0 (Filed in Tyler) Motion by Kelly Heap, Haley Lee Heap, Lance Taylor Heap to dismiss case; no longer wishes to prosecute (ktd) (Entered: 01/22/1998)
1998-02-17 31 0 Motion by 3dpty pla Madden Contracting to non-suit (dismiss) without prej as to Adams Brothers Inc (ktd) (Entered: 02/18/1998)
1998-02-24 32 0 ORDER granting [31-1] 3dpty pla's motion to non-suit (dismiss) without prej as to Adams Brothers Inc, granting [30-1] plaintiffs' motion to voluntarily dismiss case w/o prej; OB Ref: v83 p118 ( signed by Judge Howell Cobb 2/17/98 cc: attys & hc mld 2/24/98) (ktd) (Entered: 02/24/1998)