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Motor Vehicle | Texas Southern
Order
ORDER. The undersigned held a status conference in this case on July 14, 2026, to address Plaintiffs failure to timely serve Defendants with her Second Amended Complaint, Dkt. No. 111. Pursuant to the conference, Plaintiff is ORDERED to effectuate and file proof of service on Defendants Lorenzo, Lucio, Andex Cargo Solutions LLC, and Angulo, or move for their voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i), by July 28, 2026. Additionally, the Court advised Plaintiff that the return of service that was filed for Samuel Guzman d/b/a Guvi Carriers, Dkt. No. 127, was a summons for deposition rather than a summons indicating that a lawsuit had been filed against him. Accordingly, Plaintiff is ORDERED to cure this defect by July 28, 2026. Additionally, Plaintiff is ORDERED to effectuate and file proof of service of the Second Amended Complaint on Defendant Yemeni Guzman d/b/a Guvi Carriers, or move for her voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i), by July 28, 2026. Plaintiff is WARNED that failure to abide by these deadlines without good cause may result in dismissal of this case for want of prosecution. See Fed. R. Civ. P. 4(m) (If a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice against that defendant or order that service be made within a specified time.); Fed. R. Civ. P. 41(b) (If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.). (Signed by Magistrate Judge Diana Song Quiroga) Parties notified. (bm5)
Status Conference
Minute entry for proceedings held before Magistrate Judge Diana Song Quiroga. Status Conference held on July 14, 2026. Plaintiff appeared via Zoom through counsel Jorge L. Alvarez and Defendant Efrain Castilleja appeared via Zoom through counsel John Michael Gonzalez, who clarified that he was filling in for counsel of record. Defendant National Unity Insurance Company was terminated from the case in December 2024, and all other Defendants have yet to make an appearance in this case. The Court addressed the issues highlighted in the Courts Order setting this status conference. See Dkt. No. 139. Plaintiffs counsel clarified that Defendants have not been served with the Second Amended Complaint (Dkt. No. 111). The Court inquired whether there was good cause for failing to serve the Second Amended Complaint to date. Plaintiffs counsel explained that he was trying to conserve resources, that Defendant Angulo has been elusive and difficult to serve, and inquired whether the Court would entertain a motion for alternate service. The Court did not find that these reasons constituted good cause for the failure to timely and effectively serve the Second Amended Complaint. Plaintiff requested two weeks to serve Defendants Lorenzo, Lucio, Andex Cargo Solutions LLC, and Angulo. The Court GRANTED this request and ORDERED Plaintiff to effectuate and file proof of service on those Defendants or move for their dismissal from the case by June 28, 2026. Regarding Defendants Castilleja, Samuel Guzman d/b/a Guvi Carriers, and Yemelin Guzman d/b/a Guvi Carriers, the Court advised Plaintiffs counsel that the return of service that was filed regarding Samuel Guzman d/b/a Guvi Carriers was a summons for deposition rather than for a lawsuit filed against them (Dkt. No. 127). The Court ORDERED Plaintiff to both cure this deficiency and serve Yemelin Guzman d/b/a Guvi Carriers with the Second Amended Complaint by July 28, 2026. Plaintiff was warned that failure to effectuate and file proof of service on all remaining Defendants may result in the Court considering dismissal for lack of prosecution. The Court will issue an order memorializing these deadlines. Appearances: Jorge L. Alvarez f/PLAINTIFF; John Michael Gonzalez f/DEFENDANT EFRAIN CASTILLEJA. (9:41 a.m. - 10:10 a.m.) (ERO: Gaby Salinas), filed. (mjb5)
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