Payne et al v. Baker
Plaintiff: Mr. Donald Payne, Jr. and Stephanie Taylor
Defendant: Gregory Scott Baker and Caleb Baker
Case Number: 4:2014cv00473
Filed: June 20, 2014
Court: US District Court for the Northern District of Texas
Office: Fort Worth Office
County: Tarrant
Presiding Judge: John McBryde
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 20, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2015 Opinion or Order Filing 60 FINAL JUDGMENT: The court ORDERS, ADJUDGES, and DECREES that all claims and causes of action asserted by plaintiffs, Donald Payne, Jr., Grady Payne, and Stephanie Taylor, individually, and on behalf of her minor child, M.D.T., and defendant, Gregory Scott Baker, against each other in this action be, and are hereby, dismissed with prejudice. The court further ORDERS, ADJUDGES, and DECREES that each party to this action is to bear the costs of court and attorney's fees incurred by such party. (Ordered by Judge John McBryde on 7/20/2015) (trs)
July 20, 2015 Filing 59 Minute Entry for proceedings held before Judge John McBryde: Telephone Conference held on 7/20/2015. Notice of Settlement. Plaintiff Stephanie Taylor on line. No need for appointment of ad litem. Per the parties' agreement, the court dismissed the action with prejudice, with the costs of court and attorney's fees to be borne by each party who incurred the same. Order to follow. Conference concluded. Attorney Appearances: Plaintiff - Darren Wolf, Christianne Edlund; Defense - Amy Bowen. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :12. (trs)
July 17, 2015 Filing 58 Joint Motion to Dismiss with Prejudice and for Entry of Order of Dismissal with Prejudice filed by Gregory Scott Baker, Donald Payne, Jr, Stephanie Taylor (trs)
May 27, 2015 Filing 57 SECOND AMENDED ANSWER AND COUNTERCLAIM to Complaint with Jury Demand filed by Gregory Scott Baker. 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., COUNTERCLAIM against Donald Payne, Jr, Stephanie Taylor filed by Gregory Scott Baker (trs)
May 26, 2015 Opinion or Order Filing 56 ORDER granting #54 Motion for Leave to File Second Amended Answer. (The requesting party must file the document with the clerk.) (Ordered by Judge John McBryde on 5/26/2015) (ewd)
May 22, 2015 Filing 55 Appendix in Support filed by Gregory Scott Baker re #54 MOTION for Leave to File (trs)
May 22, 2015 Filing 54 DEFENDANT GREGORY SCOTT BAKER'S MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER AND COUNTERCLAIMS AND BRIEF IN SUPPORT filed by Gregory Scott Baker (trs)
March 4, 2015 Opinion or Order Filing 53 Memorandum Opinion and Order denying #47 Motion to Remand to State Court filed by Stephanie Taylor, Donald Payne, Jr. (Ordered by Judge John McBryde on 3/4/2015) (mdf)
February 11, 2015 Filing 52 REPLY in Opposition to Defendant's Oppostition to Plaintiffs' Motion to Amend filed by Donald Payne, Jr, and Stephanie Taylor re: #49 MOTION for Leave to File Second Amended Complaint (mem)
February 6, 2015 Filing 51 RESPONSE IN OPPOSITION filed by Gregory Scott Baker to Plaintiff's #49 MOTION for Leave to File Second Amended Complaint (wrb)
January 26, 2015 Opinion or Order Filing 50 ORDER: The court ORDERS that defendant file by 2/6/2015 his response to plaintiff's motion for leave to file second amended complaint. (Ordered by Judge John McBryde on 1/26/2015) (mpw)
January 23, 2015 Filing 49 MOTION for Leave to File Second Amended Complaint filed by Donald Payne, Jr, Stephanie Taylor. (mpw)
January 21, 2015 Opinion or Order Filing 48 Order Unfiling Document #46 MOTION for Leave to File Second Amended Complaint filed by Stephanie Taylor, Donald Payne, Jr. due to the following deficiency: When a motion for leave to amend is filed on paper, the party must attach a copy of the proposed amended pleading as an exhibit to the motion. The party must also submit with the motion an original and judge's copy of the proposed pleading that are neither attached to the motion nor made exhibits to the motion, and the original must bear the attorney's original signature. See LR lS.l(a). re: #46 MOTION for Leave to File Second Amended Complaint (Ordered by Judge John McBryde on 1/21/2015) (wxc)
January 20, 2015 Filing 47 MOTION to Remand to State Court filed by Donald Payne, Jr, Stephanie Taylor with Brief/Memorandum in Support. (ult)
January 20, 2015 Filing 46 ***UNFILED PER ORDER #48 *** MOTION for Leave to File Second Amended Complaint filed by Donald Payne, Jr, Stephanie Taylor (ult) Modified on 1/22/2015 (wxc).
January 20, 2015 Filing 45 JOINT SUBMISSION REGARDING MEDIATION Parties agree that Jay Zeleskey will be the mediator on this by Gregory Scott Baker, Donald Payne, Jr, Stephanie Taylor. (ult)
December 9, 2014 Opinion or Order Filing 44 ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCT IONS: Amended Pleadings due by 7/14/2015. Discovery due by 9/14/2015. Pretrial Conference set for 10/5/2015 09:30 AM before Judge John McBryde. Joinder of Parties due by 3/30/2015. Jury Trial set for 11/9/2015 09:00 AM before Judge John McBryde. (Ordered by Judge John McBryde on 12/9/2014) (mdf)
December 4, 2014 Filing 43 JOINT PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER filed by Gregory Scott Baker, Donald Payne, Jr, Stephanie Taylor. (mdf)
November 19, 2014 Opinion or Order Filing 42 ORDER: Consistent with the discussions had and rulings made during the courtroom hearing held November 19, 2014, in the above-captioned action, The court ORDERS that plaintiffs, Donald Payne, Jr., Grady Payne, and Stephanie Taylor, individually and on behalf of her minor child, M.D.T., and defendant, Gregory Scott Baker, file by 4:00 p.m. on January 20, 2015, a document informing the court: (1) of the likelihood of settlement of this action; (2) whether the parties believe mediation is appropriate; and (3) the name of a mediator, if any, upon whom the parties have agreed. (Ordered by Judge John McBryde on 11/19/2014) (mdf)
November 19, 2014 Filing 41 Minute Entry for proceedings held before Judge John McBryde: Settlement Conference held on 11/19/2014. Hearing for parties to report on settlement meeting. No settlement reached. Parties to inform court in 60 days about the likelihood of settlement. and also to indicate if mediation is appropriate. Parties to report the name of a mediator, if they are able to agree on one. Order to follow with specifics. Hearing concluded. Attorney Appearances: Plaintiff - Darren Wolf, Christianne Edlund; Defense - John Gerhart. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :24. (mdf)
November 4, 2014 Opinion or Order Filing 40 STATUS REPORT ORDER: The Joint Status Report shall be filed by 4:00 p.m. on December 4, 2014. (Ordered by Judge John McBryde on 11/4/2014) (mdf)
November 3, 2014 Opinion or Order Filing 39 Memorandum Opinion and Order granting in part, denying in part #25 Partial Dismiss for Failure to State a Claim filed by Gregory Scott Baker: The court ORDERS that defendant's partial motion to dismiss be, and is hereby, denied as to plaintiffs' claim for defamation, and be, is hereby, granted as to their claims for assault and IIED. The court further ORDERS that plaintiffs' claims for assault and IIED be, and are hereby, dismissed. (Ordered by Judge John McBryde on 11/3/2014) (mdf)
October 23, 2014 Opinion or Order Filing 38 ORDER denying #28 Motion to Dismiss for Failure to State a Claim: The court ORDERS that plaintiffs' motion to dismiss be, and is hereby, denied. (Ordered by Judge John McBryde on 10/23/2014) (mdf)
October 10, 2014 Filing 37 RESPONSE filed by Gregory Scott Baker re: #28 Motion to Dismiss for Failure to State a Claim. (mdf)
October 3, 2014 Filing 36 REPLY filed by Gregory Scott Baker re: #25 Partial Motion to Dismiss for Failure to State a Claim. (mdf)
September 29, 2014 Filing 35 Appendix in Support filed by Donald Payne, Jr, Stephanie Taylor re #34 Response. (Attachments: #1 Appdx Pt 2, #2 Appdx Pt 3) (mdf)
September 29, 2014 Filing 34 RESPONSE filed by Donald Payne, Jr, Stephanie Taylor re: #30 Application for Writ of Sequestration. (mdf)
September 22, 2014 Opinion or Order Filing 33 ORDER re: #30 Application for Writ of Sequestration: Having considered the motion, the court concludes that plaintiffs/counter-defendants, Donald Payne, Jr., and Stephanie Taylor, should file an expedited response. Therefore, The court ORDERS that plaintiffs file by 2:00 p.m. on September 29, 2014, their response to defendant's above-described motion. (Ordered by Judge John McBryde on 9/22/2014) (mdf)
September 22, 2014 Filing 32 DECLARATION IN SUPPORT re #30 Application for Writ of Sequestration by Gregory Scott Baker. (mdf)
September 22, 2014 Filing 31 Brief in Support filed by Gregory Scott Baker re #30 Application for Writ of Sequestration. (mdf)
September 22, 2014 Filing 30 APPLICATION for Writ of Sequestration by Gregory Scott Baker. (mdf)
September 19, 2014 Filing 29 ANSWER to #26 Counterclaims Subject to Plaintiffs' 12(B)(6) Motion to Dismiss filed by Donald Payne, Jr. and Stephanie Taylor. (mdf)
September 19, 2014 Filing 28 Motion to Dismiss for Failure to State a Claim and Brief in Support filed by Donald Payne, Jr. (mdf)
September 19, 2014 Filing 27 RESPONSE filed by Donald Payne, Jr, Stephanie Taylor re: #25 Partial Motion to Dismiss for Failure to State a Claim (mdf)
September 5, 2014 Filing 26 FIRST AMENDED ANSWER to #24 Amended Complaint, filed by Gregory Scott Baker. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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., COUNTERCLAIM against Donald Payne, Jr, Stephanie Taylor filed by Gregory Scott Baker (mdf)
September 5, 2014 Filing 25 Partial Motion to Dismiss for Failure to State a Claim with Brief in Support filed by Gregory Scott Baker. (mdf)
August 26, 2014 Filing 24 FIRST AMENDED COMPLAINT WITH JURY DEMAND AND REQUEST FOR TEMPORARY RESTRAINING ORDER against Gregory Scott Baker filed by Donald Payne, Jr, Stephanie Taylor. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (mdf)
August 8, 2014 Opinion or Order Filing 23 ORDER: Came on for consideration the applications of Gary A. Bryant ("Bryant") and Evan G.E. Vincent ("Vincent") for admission pro hac vice in the above-captioned matter. The court finds that the applications should be granted. Therefore, The court ORDERS that the applications of Bryant and Vincent for admission pro hac vice be, and are hereby, granted, and that Bryant and Vincent be, and are hereby, granted leave to appear pro hac vice on behalf of defendant, Greg Baker, in this action. (Clerk note: This order grants the 23 & 24 Motions for pro hac vice in case 4:14-CV-596-A) (Ordered by Judge John McBryde on 8/8/2014) (mdf)
August 8, 2014 Opinion or Order Filing 22 ORDER CONSOLIDATING CASES: Member case(s) 4:14-CV-596-A consolidated with lead case 4:14-CV-473-A. The court further ORDERS that: (1) Plaintiffs by August 22, 2014, file an amended complaint; (2) Defendant by September 5, 2014, file his answer or other response to the amended complaint, to include any counterclaims defendant may assert against plaintiffs; (3) To the extent defendant's filing in accordance with number 2 above includes a motion pursuant to Rule 12 of the Federal Rules of civil Procedure, or a counterclaim, plaintiffs by September 19, 2014, file, as applicable, a response to any such motion, or an answer or other response to such counterclaim; (4) Defendant by September 26, 2014, file any reply he wishes to make to such response. (See order for specifics.) (Ordered by Judge John McBryde on 8/8/2014) (mdf)
August 8, 2014 Deadline set per #22 Order Consolidating Cases: Amended Complaint due by 8/22/2014. Replies due by 9/19/2014. Answer or other response due by 9/5/2014. (mdf)
August 6, 2014 Opinion or Order Filing 21 ORDER finding as moot #14 Motion to Dismiss. The court further ORDERS that the caption of this action be modified by the removal of "Caleb Baker" from the title, such that from this point forward the title shall read "Donald Payne, Jr., and Stephanie Taylor, Individually and on behalf of her minor children, Grady Payne and M.D.T., Plaintiffs, v. Gregory Scott Baker, Defendant." (Ordered by Judge John McBryde on 8/6/2014) (srs)
August 6, 2014 Opinion or Order Filing 20 FINAL JUDGMENT AS TO CERTAIN PARTY: The court ORDERS, ADJUDGES, and DECREES that all claims and causes of action asserted by plaintiffs against defendant Caleb Baker in the above-captioned action be, and are hereby, dismissed without prejudice. The court determines that there is no just reason for delay in, and hereby directs, entry of final judgment as to the dismissal accomplished by this final judgment as to certain party. (Ordered by Judge John McBryde on 8/6/2014) (mdf)
August 6, 2014 Filing 19 RESPONSE filed by Donald Payne, Jr, Stephanie Taylor re: #16 Motion to Dismiss for Failure to State a Claim. (mdf)
August 5, 2014 Filing 18 STIPULATION OF DISMISSAL OF DEFENDANT CALEB BAKER by Caleb Baker, Donald Payne, Jr, Stephanie Taylor. (mdf)
July 17, 2014 Filing 17 ANSWER to #11 Amended Complaint, filed by Gregory Scott Baker. COUNTERCLAIM against Donald Payne, Jr, Stephanie Taylor filed by Gregory Scott Baker. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (mem)
July 17, 2014 Filing 16 Partial Motion to Dismiss for Failure to State a Claim filed by Gregory Scott Baker with Brief/Memorandum in Support. (mem)
July 15, 2014 Filing 15 Appendix in Support filed by Caleb Baker re #14 MOTION to Dismiss. (mdf)
July 15, 2014 Filing 14 MOTION to Dismiss for Lack of Personal Jurisdiction and Brief in Support filed by Caleb Baker. (mdf)
July 2, 2014 Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Donald Payne, Jr, Stephanie Taylor. (mdf)
July 2, 2014 Filing 12 NOTICE of Related Case in the Western District of Oklahoma (5:14-cv-00565-C) filed by Donald Payne, Jr, Stephanie Taylor. (mdf)
July 2, 2014 Filing 11 AMENDED COMPLAINT WITH JURY DEMAND against Caleb Baker, Gregory Scott Baker filed by Donald Payne, Jr, Stephanie Taylor. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (mdf)
June 25, 2014 Opinion or Order Filing 10 ORDER: The court ORDERS that: (1) plaintiffs by July 7, 2014, file an amended complaint that complies with the Federal Rules of Civil Procedure and the Local Civil Rules of this court; and, (2) defendants by July 17, 2014, file their answer or other response to the amended complaint. The court further ORDERS that failure of any party to comply with this order may result in the imposition of sanctions, up to and including dismissal of plaintiffs' claims or granting of a default judgment, as appropriate. (Ordered by Judge John McBryde on 6/25/2014) (mdf) (Main Document 10 replaced on 6/26/2014) (mdf).
June 25, 2014 Opinion or Order Filing 9 Order Unfiling #6 Notice of Attorney Appearance; #7 Cert. Of Interested Persons/Disclosure Statement due to the following deficiency: This case is not designated for electronic filing. All documents should be filed in traditional paper form, bearing the original signature of the filer. See Standing Order, filed June 20, 2014. (Ordered by Judge John McBryde on 6/25/2014) (mdf)
June 24, 2014 Filing 8 Amended NOTICE of Removal, filed by Caleb Baker, Gregory Scott Baker. (mdf)
June 24, 2014 Filing 7 ***UNFILED PER #9 ORDER***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Donald Payne, Jr, Stephanie Taylor. (Edlund, Christianne)(NOD) Modified on 6/25/2014 (mdf). Modified on 6/25/2014 (mdf).
June 24, 2014 Filing 6 ***UNFILED PER #9 ORDER***NOTICE of Attorney Appearance by Christianne Lenore Edlund on behalf of All Plaintiffs. (Filer confirms contact info in ECF is current.) (Edlund, Christianne)(NOD) Modified on 6/25/2014 (mdf). Modified on 6/25/2014 (mdf).
June 23, 2014 Opinion or Order Filing 5 ORDER: The court ORDERS that defendants by July 3, 2014, file an amended notice of removal that properly alleges the citizenship of plaintiffs and defendants. The court further ORDERS that failure of defendants to comply with this order may result in the imposition of sanctions, including, but not limited to, remand of this action to the state court from which it was removed, without further notice. (Ordered by Judge John McBryde on 6/23/2014) (mdf)
June 20, 2014 Opinion or Order Filing 4 Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 6/20/2014) (mem)
June 20, 2014 Filing 3 New Case Notes: A filing fee has been paid. File to Judge McBryde. 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. (mem)
June 20, 2014 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Caleb Baker, Gregory Scott Baker. (Bowen, Amy)
June 20, 2014 Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from Tarrant County 236th Judicial District Court, case number 236-272292-14 filed by Gregory Scott Baker, Caleb Baker. (Filing fee $400; receipt number 0539-6116044) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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 Ex. A - Civil Cover Sheet, #2 Ex. B - Supp. Civil Cover Sheet, #3 Ex. C. - Notice of Related Cases, #4 Ex. D(i) - Index of Matters Being Filed, #5 Ex. D(ii) - State Court Docket Sheet, #6 Ex. D(iii) - State Court Filings) (Bowen, Amy)

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Plaintiff: Mr. Donald Payne, Jr.
Represented By: Darren Ray Wolf
Represented By: Christianne Lenore Edlund
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Plaintiff: Stephanie Taylor
Represented By: Darren Ray Wolf
Represented By: Christianne Lenore Edlund
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Defendant: Gregory Scott Baker
Represented By: John T Gerhart
Represented By: Amy Sims Bowen
Represented By: Evan G E Vincent
Represented By: Gary A Bryant
Represented By: Laurie G Flood
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Defendant: Caleb Baker
Represented By: John T Gerhart
Represented By: Laurie G Flood
Represented By: Amy Sims Bowen
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