Langston et al v. Texas Capital Bank National Association
| Shirley Langston and John Langston |
| Texas Capital Bank National Association |
| Charles Ross and Peter J. Grilli |
| 8:2020cv02954 |
| December 11, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Amanda Arnold Sansone |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2021. A more recent docket listing may be available from PACER.
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Filing 47
ENDORSED ORDER granting the unopposed motion for leave to file a sur-reply to the motion to transfer venue. (Doc. #46). Sur-reply--not to exceed 6 pages--due February 9, 2021. Signed by Judge Virginia M. Hernandez Covington on 2/5/2021. (DMD)
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| Filing 46 Consent MOTION for Miscellaneous Relief, specifically Leave to File 6 Page Surreply to Reply by February 9, 2021 by John Langston, Shirley Langston. (Schutz, Donald) |
| Filing 45 REPLY re #8 MOTION to Change Venue / Transfer Case by Texas Capital Bank National Association. (Fernandez, Lara) Modified on 2/8/2021 (BES). |
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Filing 44
ENDORSED ORDER: The Court is aware that the parties have requested a September 8, 2021, mediation to be held via Zoom videoconference. (Doc. #42). However, this request is premature and denied without prejudice. Therefore, the parties should plan to mediate in person. In August 2021, the parties may renew their request if circumstances dictate. Signed by Judge Virginia M. Hernandez Covington on 2/2/2021. (DMD)
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Filing 43
ORDER appointing Charles Ross as mediator in this action. The mediation conference is scheduled for September 8, 2021, at 1:30 PM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 2/2/2021. (DMD)
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| Filing 42 NOTICE of mediation conference/hearing to be held on September 8, 2021 1:30 P.M. before Charles Ross.(Schutz, Donald) |
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Filing 41
ENDORSED ORDER: Defendant is directed to file a reply--not to exceed 7 pages--to the motion to transfer venue (Doc. #8) by February 5, 2021. Defendant should be sure to address why Plaintiffs, who are non-signatories to the credit agreement and are no longer asserting declaratory judgment or breach of contract claims under that agreement, are bound by the credit agreement's forum-selection clause. Signed by Judge Virginia M. Hernandez Covington on 1/26/2021. (DMD)
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Filing 40
ENDORSED ORDER granting the unopposed motion to change mediator. (Doc. #39). The Court appoints Charles Ross as mediator. Plaintiffs are directed to file a separate notice of mediation, which should include the date, time, and location of the mediation conference, by January 29, 2021. Signed by Judge Virginia M. Hernandez Covington on 1/25/2021. (DMD)
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| Filing 39 Consent MOTION for Miscellaneous Relief, specifically Change Mediator to Charles Ross, Mediation Scheduled for September 8, 2020, at 1:30 P.M. by John Langston, Shirley Langston. (Schutz, Donald) |
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Filing 38
ORDER: Plaintiffs Shirley Langston and John Langston's Amended Motion to Abstain and Remand (Doc. #9) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 1/20/2021. (DMD)
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| Filing 37 MOTION to Dismiss First Amended Complaint and Memorandum of Legal Authorities by Texas Capital Bank National Association. (Fernandez, Lara) |
| Filing 36 NOTICE by John Langston, Shirley Langston re #9 Amended MOTION to Remand to State Court and Abstain (Brillhart, Colorado River, Burford, and Thibodaux), #35 Response Plaintiff's Withdrawal of Argument III A Based on Brillhart Doctrine Due To Amended Complaint Dropping Declaratory Judgment Count (Schutz, Donald) |
| Filing 35 RESPONSE re #9 Amended MOTION to Remand to State Court and Abstain (Brillhart, Colorado River, Burford, and Thibodaux) and Memorandum of Legal Authorities by Texas Capital Bank National Association. (Fernandez, Lara) |
| Filing 34 MEMORANDUM in opposition re #8 Motion to Change Venue / Transfer Case filed by John Langston, Shirley Langston. (Attachments: #1 Exhibit A: Tinelli Supplemental Proceeding Circuit Court Hillsborough County, #2 Exhibit B: Langston Supplemental Proceeding Circuit Court Hillsborough County)(Schutz, Donald) |
| Filing 33 AMENDED COMPLAINT against Texas Capital Bank National Association with Jury Demand. filed by Shirley Langston, John Langston. (Attachments: #1 Exhibit A: Court Order, #2 Exhibit B: Lien Challenge Deadline Order, #3 Exhibit C: Credit Agreement, #4 Exhibit D: UCC Filing Statement, #5 Exhibit E: Financial Statement, #6 Exhibit F: Financial Statement)(Schutz, Donald) |
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Filing 32
ENDORSED ORDER granting the unopposed motion to amend the complaint. (Doc. #31). Plaintiffs are directed to file the amended complaint as a separate docket entry by January 8, 2021. Signed by Judge Virginia M. Hernandez Covington on 1/7/2021. (DMD)
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| Filing 31 MOTION to Amend #1 Notice of Removal Motion for Leave to File First Amended Complaint by John Langston, Shirley Langston. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit A to Proposed Amended Complaint, #3 Exhibit B to Proposed Amended Complaint, #4 Exhibit C to Proposed Amended Complaint, #5 Exhibit D to Proposed Amended Complaint, #6 Exhibit E to Proposed Amended Complaint, #7 Exhibit F to Proposed Amended Complaint)(Schutz, Donald) |
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Filing 30
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/5/2021. (TWL) (TWL).
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Filing 29
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #28), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 1/5/2021. (TWL)
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Filing 28
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 2/17/2022 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the March 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 9/7/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/5/2021. (TWL)
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| Filing 27 CASE MANAGEMENT REPORT. (Schutz, Donald) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by Texas Capital Bank National Association identifying Corporate Parent Texas Capital Bancshares, Inc. for Texas Capital Bank National Association. (Fernandez, Lara) |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement by John Langston, Shirley Langston. (Schutz, Donald) |
| Filing 24 NOTICE of pendency of related cases re #11 Related case order and track 2 notice per Local Rule 1.04(d) by John Langston, Shirley Langston. Related case(s): Yes (Schutz, Donald) |
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Filing 23
ENDORSED ORDER granting #22 Motion to Appear Pro Hac Vice. Attorney Ryan E. Manns may appear pro hac vice. Signed by Magistrate Judge Amanda Arnold Sansone on 12/28/2020. (MLM)
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| Filing 22 Amended MOTION for Ryan E. Manns to appear pro hac vice by Texas Capital Bank National Association. (Fernandez, Lara) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
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Filing 21
ENDORSED ORDER: On December 21, 2020, Texas Capital Bank National Association filed a motion to transfer (Doc. #19), requesting that the instant case be transferred to Judge Charlene Honeywell, who has before her the pending related case Tinelli v. Texas Capital Bank National Association, 20-cv-2950. Although the causes of action may be similar, there are differences, including the fact that the two cases involve different plaintiffs. In light of these differences, the Court in its discretion declines to transfer the matter. The motion to transfer is denied and the case will remain as assigned. Signed by Judge Virginia M. Hernandez Covington on 12/23/2020. (LEA)
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Filing 20
ENDORSED ORDER denying without prejudice #16 Motion to Appear Pro Hac Vice for failure to supplement the record as directed in 18 ORDER directing Attorney Manns file a notice identifying his U.S. District Court admission. Signed by Magistrate Judge Amanda Arnold Sansone on 12/22/2020. (MLM)
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| Filing 19 MOTION to Change Venue / Transfer Case by Texas Capital Bank National Association. (Fernandez, Lara) |
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Filing 18
ENDORSED ORDER re: #16 Motion to appear pro hac vice. Pursuant to Local Rule 2.02(a), M.D. Fla., counsel must be "member[s] in good standing of the bar of any District Court of the United States; outside Florida," in order to be granted pro hac vice admission. Counsel must supplement the record with a notice identifying their U.S. District Court admissions by December 21, 2020. Signed by Magistrate Judge Amanda Arnold Sansone on 12/17/2020. (MLM)
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Filing 17
ENDORSED ORDER granting #14, #15 Motions to Appear Pro Hac Vice. Attorneys Nicholas J. Hendrix and Scott P. Drake may appear pro hac vice. Signed by Magistrate Judge Amanda Arnold Sansone on 12/17/2020. (MLM)
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| Filing 16 MOTION for Ryan E. Manns to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17678514 for $150 by Texas Capital Bank National Association. (Fernandez, Lara) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 15 MOTION for Scott P. Drake to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17678498 for $150 by Texas Capital Bank National Association. (Fernandez, Lara) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 14 MOTION for Nicholas J. Hendrix to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17678480 for $150 by Texas Capital Bank National Association. (Fernandez, Lara) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
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Filing 13
ENDORSED ORDER granting in part and denying in part the joint motion to extend time to respond. (Doc. #12). Responses to the amended motion to abstain and remand and to the motion to transfer venue now due January 12, 2021. Response to the complaint now due January 19, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/17/2020. (DMD)
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| Filing 12 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Amended Motion to Abstain and Remand, Defendant's Motion to Transfer Venue, and Plaintiffs' Complaint by Texas Capital Bank National Association. (Fernandez, Lara) |
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Filing 11
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 12/16/2020. (TWL)
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Filing 10
ENDORSED ORDER: In light of the amended motion to abstain and remand (Doc. #9), the motion to abstain and remand (Doc. #7) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 12/16/2020. (DMD)
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| Filing 9 Amended MOTION to Remand to State Court and Abstain (Brillhart, Colorado River, Burford, and Thibodaux) by John Langston, Shirley Langston. (Attachments: #1 Exhibit A: Lien Challenge Deadline Order, #2 Exhibit B: Motion for Reconsideration, #3 Exhibit C: Tinelli Supplemental Proceeding, #4 Exhibit D: Langston Supplemental Proceeding)(Schutz, Donald) |
| Filing 8 MOTION to Change Venue / Transfer Case by Texas Capital Bank National Association. (Fernandez, Lara) |
| Filing 7 MOTION to Remand to State Court and Abstain (Brillhart and Colorado River) by John Langston, Shirley Langston. (Attachments: #1 Exhibit A: Lien Challenge Deadline Order, #2 Exhibit B: Motion for Reconsideration, #3 Exhibit C: Tinelli Supplemental Proceeding, #4 Exhibit D: Langston Supplemental Proceeding)(Schutz, Donald) |
| Filing 6 NOTICE to counsel Nick Hendrix, Scott Drake, Toby Gerber of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney. (Signed by Deputy Clerk) (AG) |
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Filing 5
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 31, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 12/11/2020. (DMD)
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| Filing 4 NOTICE by Texas Capital Bank, National Association Civil Cover Sheet (Fernandez, Lara) |
| Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:20-cv-2954-T-33AAS. (SJB) |
| Filing 2 NOTICE by Texas Capital Bank, National Association of Related Case (Fernandez, Lara) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL Filing fee $ 402, receipt number 113A-17653081 filed by Texas Capital Bank National Association. (Attachments: #1 State Court COMPLAINT, #2 Exhibit, #3 Civil Cover Sheet, #4 State Court Docket Sheet, #5 State Court Other Documents)(Fernandez, Lara) Modified text on 12/11/2020 (AG). |
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