Decastro v. Bank OZK et al
| Igor Decastro |
| Bank OZK, Hot Springs Neurology Clinic PA, James Adams, James Arthur and Hot Springs Neurosurgery Clinic, P.A. |
| 6:2022cv06097 |
| September 6, 2022 |
| US District Court for the Western District of Arkansas |
| Hot Springs Office |
| Susan O Hickey |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2022. A more recent docket listing may be available from PACER.
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Filing 52
RESPONSE IN OPPOSITION TO Motion re #50 MOTION to Alter Judgment ; #47 Order on Motion to Dismiss,, Order on Motion to Compel,,, ; MOTION to Stay re #47 Order on Motion to Dismiss,, Order on Motion to Compel,,, MOTION to Consolidate Cases MOTION for Extension of Time to File Response/Reply as to #9 Amended Complaint filed by James Arthur. (Hickam, D.)
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Filing 51
MEMORANDUM BRIEF in Support of #50 MOTION to Alter Judgment ; #47 Order on Motion to Dismiss,, Order on Motion to Compel,,, ; MOTION to Stay re #47 Order on Motion to Dismiss,, Order on Motion to Compel,,, MOTION to Consolidate Cases MOTION for Extension of Time to File Response/Reply as to #9 Amended Complaint by Igor Decastro. (Sutter, Luther)
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Filing 50
MOTION to Alter Judgment ; #47 Order on Motion to Dismiss,, Order on Motion to Compel,,, ;, MOTION to Stay re #47 Order on Motion to Dismiss,, Order on Motion to Compel,,, , MOTION to Consolidate Cases , MOTION for Extension of Time to File Response/Reply as to #9 Amended Complaint by Igor Decastro. (Attachments: #1 Exhibit A)(Sutter, Luther)
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Filing 49
MEMORANDUM BRIEF in Support of #48 MOTION Petition for Disbursement of Interplead Funds by James Arthur. (Hickam, D.)
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Filing 48
MOTION Petition for Disbursement of Interplead Funds by James Arthur. (Attachments: #1 Exhibit Exhibit A Affidavit of James Arthur, #2 Exhibit Exhibit B Complaint, #3 Exhibit Exhibit C Amended Complaint, #4 Exhibit Exhibit D Plaintiffs responses to Interrogatories)(Hickam, D.)
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Filing 47
ORDER granting #25 Defendant Arthur's Motion to Dismiss, Denying as moot #16 Motion to Dismiss, Denying as moot #38 Motion to Compel. Plaintiff DeCastro's #9 Amended Complaint is hereby DISMISSED WITH PREJUDICE. Each party, if claiming entitlement to the interpleaded funds, is DIRECTED to file a petition and accompanying brief on or before 10/27/2022. Signed by Honorable Susan O. Hickey on September 27, 2022. (mjm)
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Filing 46
RESPONSE by James Arthur re #45 Notice of Default Procedure . (Hickam, D.)
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Filing 45
NOTICE OF DEFAULT PROCEDURE under FRCP 55 directed to plaintiff as to default of Defendant Hot Springs Neurosurgery Clinic, P.A.. Affidavit in Support of Default due by 10/3/2022. (Attachments: #1 Affidavit in Support of Default)(mjm)
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Filing 44
REPLY to Response to Motion re #38 MOTION to Compel Plaintiff to Respond to Defendant James Arthur's First Set of Interrogatories and Requests for Production of Documents (with Incorporated Brief filed by James Arthur. (Hickam, D.)
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Filing 43
RESPONSE IN OPPOSITION TO Motion re #38 MOTION to Compel Plaintiff to Respond to Defendant James Arthur's First Set of Interrogatories and Requests for Production of Documents (with Incorporated Brief filed by Igor Decastro. (Attachments: #1 Exhibit Exhibit A)(Sutter, Luther)
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Filing 42
Magistrate Notice/Consent Form (jlm)
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Filing 41
Case transferred in from District of Arkansas Eastern; Case Number 4:21-cv-01194. Docket sheet received.
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Filing 40
ORDER denying as moot #6 motion to dismiss; denying as moot #8 motion to dismiss amended complaint; denying as moot #10 motion to extend time; granting #26 motion to interplead funds and for dismissal of Bank OZK; directing Bank OZK to deposit the $281,925.86 into this Court's registry as set forth in Rule 67 of the Federal Rules of Civil Procedure and after interpleading the funds Bank OZK is dismissed from this lawsuit; granting #25 motion to transfer this case to the United States District Court for the Western District of Arkansas; not ruling on the other grounds for dismissal raised in #16 motion to dismiss and #25 amended motion to dismiss; and directing the Clerk of the Court to transfer immediately Dr. Arthur's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge Kristine G. Baker on 9/6/2022. (jbh) [Transferred from ared on 9/6/2022.]
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Filing 39
NOTICE OF DOCKET CORRECTION re #38 MOTION to Compel. CORRECTION: The original document was submitted in error (incorrect attorney address). The correct document was added to docket entry #38 based on the attached correspondence. (jak) [Transferred from ared on 9/6/2022.]
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Filing 38
MOTION to Compel Plaintiff to Respond to Defendant James Arthur's First Set of Interrogatories and Requests for Production of Documents (with Incorporated Brief by James Arthur (Attachments: #1 Exhibit Defendant's First Set of Interroratories and Requests for Production of documents, #2 Exhibit Plaintiffs Responses to Interrogatories and Requests to Production of Documents)(Hickam, D.) (Additional attachment(s) added on 8/29/2022: #3 Main Document - Correct) (jak). [Transferred from ared on 9/6/2022.]
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Filing 37
FINAL SCHEDULING ORDER: Jury Trial set for sometime during the week of 4/10/2023 at 09:00 AM in Little Rock Courtroom #4D before Judge Kristine G. Baker. Discovery due by 1/25/2023; Motions due by 2/9/2023; Pretrial Disclosure Sheet due by 3/20/2023; Status Report due by 2/9/2023. Signed at the direction of the Court on 07/26/2022. (tmw) [Transferred from ared on 9/6/2022.]
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Filing 36
ORDER granting #35 motion to extend time to respond. Mr. Arthur's responses to the interrogatories and requests for production of documents are due on, or before, 7/15/2022. Signed by Judge Kristine G. Baker on 6/27/2022. (jbh) [Transferred from ared on 9/6/2022.]
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Filing 35
MOTION to Extend Time to Respond to Interrogatories and Requests for Production of Documents by James Arthur (Hickam, D.) [Transferred from ared on 9/6/2022.]
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Filing 34
REPORT of Rule 26(f) Planning Meeting by Igor Decastro. Joint 26(f) Report (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 33
BRIEF IN SUPPORT re #31 Response in Opposition to Motion to Dismiss filed by All Plaintiffs. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 32
RESPONSE to Motion re #26 MOTION for Order Motion to Interplead Funds and For Dismissal of Bank OZK filed by All Plaintiffs. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 31
RESPONSE in Opposition re #25 Motion to Dismiss MOTION to Transfer Case filed by Igor Decastro. (Attachments: #1 Exhibit A)(Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 30
Corporate Disclosure Statement (Rule 7.1) by Bank OZK (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 29
Deficiency Letter from Clerk of Court re #14 Answer notifying party that a Corporate Disclosure Statement was not filed with first appearance, pleading, petition, motion response, or other request (F.R.Cv.P. 7.1). (jak) [Transferred from ared on 9/6/2022.]
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Filing 28
INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 5/31/2022; Rule 26(f) Report due by 6/14/2022; Jury Trial set for sometime during the week of 4/10/2023 at 09:00 AM in Little Rock Courtroom #4D before Judge Kristine G. Baker. Signed at the direction of the Court on 03/31/2022. (tmw) [Transferred from ared on 9/6/2022.]
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Filing 27
BRIEF IN SUPPORT re #26 Motion for Order Motion to Interplead Funds and For Dismissal of Bank OZK filed by Bank OZK. (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 26
MOTION for Order Motion to Interplead Funds and For Dismissal of Bank OZK by Bank OZK (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 25
Amended #16 MOTION to Dismiss (With Incorporated Brief) and Request for Transfer of the Case to the Western District by James Arthur. (Attachments: #1 Exhibit 1)(Hickam, D.) (Docket text modified on 3/24/2022 to correct descpription.)(cmn) [Transferred from ared on 9/6/2022.]
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NOTICE OF DOCKET CORRECTION re #25 Amended Motion. CORRECTION: The docket text was modified to correct the description as, "Amended #16 MOTION to Dismiss (With Incorporated Brief) and Request for Transfer of the Case to the Western District by James Arthur" as indicated by the document. (cmn) [Transferred from ared on 9/6/2022.]
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Filing 24
AMENDED ANSWER to #9 Amended Complaint , CROSSCLAIM against Hot Springs Neurosurgery Clinic PA, Igor Decastro, COUNTERCLAIM against Igor Decastro by Bank OZK (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 23
ANSWER to #14 Answer to Amended Complaint,, Crossclaim,, Counterclaim, by Igor Decastro.(Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 22
James Arthur's Response to Bank OZK's Interpleader ANSWER to #14 Answer to Amended Complaint,, Crossclaim,, Counterclaim, by James Arthur.(Hickam, D.) [Transferred from ared on 9/6/2022.]
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Filing 21
REPLY to Response to Motion re #16 MOTION to Dismiss (With Incorporated Brief) filed by James Arthur. (Attachments: #1 Exhibit A)(Hickam, D.) [Transferred from ared on 9/6/2022.]
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Filing 20
ANSWER to #9 Amended Complaint by James Arthur.(Hickam, D.) [Transferred from ared on 9/6/2022.]
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Filing 19
SUMMONS Returned Executed by Igor Decastro. James Arthur served on 1/28/2022. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 18
SUMMONS Returned Executed by Igor Decastro. Hot Springs Neurosurgery Clinic PA served on 1/28/2022. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 17
RESPONSE in Opposition re #16 MOTION to Dismiss (With Incorporated Brief) filed by Igor Decastro. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 16
MOTION to Dismiss (With Incorporated Brief) by James Arthur (Attachments: #1 Exhibit)(Hickam, D.) [Transferred from ared on 9/6/2022.]
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Filing 15
NOTICE of Appearance by D. Scott Hickam on behalf of James Arthur (Hickam, D.) [Transferred from ared on 9/6/2022.]
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Filing 14
ANSWER to #9 Amended Complaint , CROSSCLAIM against Hot Springs Neurosurgery Clinic PA, Igor Decastro, James Arthur, COUNTERCLAIM Bank OZK's Answer and Interpleader Counterclaim and Crossclaim against Hot Springs Neurosurgery Clinic PA, Igor Decastro, James Arthur by Bank OZK.(Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 13
BRIEF IN SUPPORT re #12 Response in Opposition to Motion to Dismiss filed by Igor Decastro. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 12
RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 11
BRIEF IN SUPPORT re #10 Motion to Dismiss for Failure to State a Claim filed by Bank OZK. (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank OZK (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Summons Issued as to James Arthur, Hot Springs Neurosurgery Clinic PA and returned to counsel for plaintiff. (jap) [Transferred from ared on 9/6/2022.]
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Filing 9
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Igor Decastro(Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 8
Unopposed MOTION to Extend Time to Respond to Bank OZK #6 Motion to Dismiss by Igor Decastro (Sutter, Luther)(Docket text modified on 1/13/2022 to establish linkage)(jak) [Transferred from ared on 9/6/2022.]
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NOTICE OF DOCKET CORRECTION re #8 Unopposed MOTION to Extend Time. CORRECTION: The docket text was modified to establish linkage to #6 Motion to Dismiss. (jak) [Transferred from ared on 9/6/2022.]
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Filing 7
BRIEF IN SUPPORT re #6 Motion to Dismiss filed by Bank OZK. (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 6
MOTION to Dismiss by Bank OZK (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 5
NOTICE of Appearance by Grant E. Fortson on behalf of Bank OZK (Fortson, Grant) [Transferred from ared on 9/6/2022.]
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Filing 4
AFFIDAVIT of Service HS NEUROLOGY (NEUROSURGERY) CLINIC, filed by Igor Decastro. Hot Springs Neurology Clinic PA served on 12/14/2021. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 3
AFFIDAVIT of Service DEFENDANT ADAMS (ARTHUR), filed by Igor Decastro. James Adams served on 12/14/2021. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 2
AFFIDAVIT of Service , filed by Igor Decastro. Bank OZK served on 12/14/2021. (Sutter, Luther) [Transferred from ared on 9/6/2022.]
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Filing 1
COMPLAINT with Jury Demand against All Defendants, filed by Igor Decastro. Filing Fee of $402 paid. Receipt Number LIT084832. Summons issued. (Attachments: #1 Civil Cover Sheet)(kdr) [Transferred from ared on 9/6/2022.]
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