Evans v. Evans, et al

Plaintiff: Gayle J. Evans, Jr.
Defendant: Chance J. Evans and Durant Development Company
Case Number: 5:2024cv00025
Filed: March 15, 2024
Court: US District Court for the Southern District of Mississippi
Presiding Judge: David C Bramlette
Referring Judge: LaKeysha Greer Isaac
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2024 Filing 25 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Gayle J. Evans, Jr (Dowdy, Wayne)
April 22, 2024 Filing 24 Rebuttal re #11 MOTION to Remand to State Court and For Costs and Fees filed by Gayle J. Evans, Jr (Dowdy, Wayne)
April 15, 2024 Filing 23 MEMORANDUM IN SUPPORT re #22 Response in Opposition to Motion filed by Chance J. Evans (Reed, Lane)
April 15, 2024 Filing 22 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Chance J. Evans (Reed, Lane)
April 12, 2024 Filing 21 MEMORANDUM IN SUPPORT re #20 Response to Order, filed by Chance J. Evans (Reed, Lane)
April 12, 2024 Filing 20 Response to Order re #13 ORDER Requiring Defendants to Provide Citizenship. On or before April 15, 2024, Defendants must file a response to this Order that provides the citizenship of each of the parties. Signed by Magistrate Judge LaKeysha Greer Isaac on 4/4/24 (MJ) filed by Chance J. Evans (Attachments: #1 Exhibit "I" - Gayle J. Evans, Jr.'s Deposition)(Reed, Lane)
April 10, 2024 Filing 19 State Court Record by Defendant Chance J. Evans Volumes Lincoln County Chancery Court Record (Reed, Lane)
April 9, 2024 Filing 18 ORDER granting #14 Motion for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss, #6 Memorandum in Support of Motion. Signed by District Judge David C. Bramlette, III on April 9, 2024. (jm)
April 9, 2024 Filing 17 ***ERROR***DISREGARD THIS ENTRY. State Court Record by Defendant Chance J. Evans Volumes Lincoln County Chancery Court Record (Reed, Lane) Modified on 4/9/2024 (cwl).
April 9, 2024 Filing 16 ORDER STAYING DISCOVERY and Cancelling Conference. Signed by Magistrate Judge LaKeysha Greer Isaac on 4/9/24 (NL)
April 9, 2024 TEXT ONLY ORDER finding as moot #4 Motion to Continue. Conference was cancelled by the Notice of Cancellation entered on 3/21/24 and by the Order Staying Discovery (#16). NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 4/9/24 (NL)
April 9, 2024 DOCKET ANNOTATION as to #17 : Some documents appear to be scanned upside down. Attorney is advised to refile. (cwl)
April 8, 2024 Filing 15 ORDER Directing Filing of the State Court Record. Defendants Chance J. Evans and Durant Development Company shall comply with the Clerk of Courts directive, pursuant to Rule 5(b) of the Local Court Rules, by filing a complete copy of the state court record on or before April 15, 2024. Signed by Magistrate Judge LaKeysha Greer Isaac on 4/8/2024 (MJ)
April 5, 2024 Filing 14 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss , #6 Memorandum in Support of Motion by Gayle J. Evans, Jr (Dowdy, Wayne)
April 4, 2024 Filing 13 ORDER Requiring Defendants to Provide Citizenship. On or before April 15, 2024, Defendants must file a response to this Order that provides the citizenship of each of the parties. Signed by Magistrate Judge LaKeysha Greer Isaac on 4/4/24 (MJ)
April 4, 2024 Filing 12 MEMORANDUM in Support re #11 MOTION to Remand to State Court filed by Gayle J. Evans, Jr (Attachments: #1 Exhibit A - Secretary of State Business Formation)(Dowdy, Wayne)
April 4, 2024 Filing 11 MOTION to Remand to State Court by Gayle J. Evans, Jr (Dowdy, Wayne)
April 1, 2024 Filing 10 MOTION to Dismiss Or in the Alternative Transfer by Chance J. Evans (Reed, Lane). Added MOTION to Change Venue on 4/2/2024 (cwl).
April 1, 2024 DOCKET ANNOTATION as to #8 : This document is styled for the Chancery Court of HOLMES County. All filings should be styled for the U.S. District Court with the District Court case number, 5:24CV-25DCB-LGI. Motion 8 termed. (cwl)
March 29, 2024 Filing 9 MEMORANDUM in Support re #7 MOTION to Reurge Individual Motion to Dismiss and for Leave to Reply to Plaintiff's Response to said Motion filed by Chance J. Evans (Reed, Lane)
March 29, 2024 Filing 8 ***ERROR***DISREGARD THIS ENTRY MOTION to Dismiss by Chance J. Evans (Reed, Lane) Modified on 4/1/2024 (cwl).
March 29, 2024 Filing 7 MOTION to Reurge Individual Motion to Dismiss and for Leave to Reply to Plaintiff's Response to said Motion by Chance J. Evans (Attachments: #1 Exhibit "A" Chance J. Evans' Memorandum Brief in Support of Motion to Dismiss or in the Alternative Transfer, #2 Exhibit "B" March 7, 2024 Transcript)(Reed, Lane)
March 22, 2024 Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss filed by Chance J. Evans (Reed, Lane)
March 22, 2024 Filing 5 MOTION to Dismiss by Chance J. Evans (Attachments: #1 Exhibit "A" - Assignment of Interest dated March 18, 2016, #2 Exhibit "B" - Assignment of Interest dated June 24, 2016, #3 Exhibit "C" - Contract between Chance J. Evans and Gayle J. Evans, Jr. dated August 19, 2016)(Reed, Lane)
March 21, 2024 NOTICE OF CANCELLATION: The Telephonic Case Management Conference set for 5/3/2024 at 10:30 AM before Magistrate Judge LaKeysha Greer Isaac is hereby cancelled. ***Deadlines/Hearings terminated. (NL)
March 20, 2024 Filing 4 MOTION to Continue Rule 16(a) Initial Order Telephonic Case Management Conference by Chance J. Evans (Attachments: #1 Exhibit "A" - Order Continuing Preliminary Injuction from Walthall County Circuit Court)(Reed, Lane)
March 19, 2024 Filing 3 Joinder in Document by Chance J. Evans to #1 Notice of Removal,,, filed by Durant Development Company, Chance J. Evans (Reed, Lane)
March 19, 2024 Filing 2 Rule 16(a) Initial Order Telephonic Case Management Conference set for 5/3/2024 10:30 AM before Magistrate Judge LaKeysha Greer Isaac. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to isaac_chambers@mssd.uscourts.gov. The parties are instructed to use the following Dial-in Number for the Conference: (888) 684-8852 PASSCODE: 3566012 (PLEASE NOTE: Parties are directed to use the Case Management Order Form 1 found on the website of the US District Court for the Southern District of MS - Form Last Updated: Jan 2022). (NL)
March 15, 2024 Filing 1 NOTICE OF REMOVAL by Chance J. Evans and Durant Development Company from Chancery Court of Lincoln County, Mississippi, 2024-112. ( Filing fee $ 405 receipt number BMSSDC-5361862) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Holmes County Chancery Court File, #2 Exhibit B - Notice of Removal Lincoln County Chancery Court, #3 Civil Cover Sheet)(CO) Modified on 3/19/2024 to add Lincoln County case number (CO).

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Plaintiff: Gayle J. Evans, Jr.
Represented By: Wayne Dowdy
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Defendant: Chance J. Evans
Represented By: Lane B. Reed
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Defendant: Durant Development Company
Represented By: Lane B. Reed
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