Smith et al v. Oak Creek Homes, LLC et al
| Christopher Smith and Nicole Smith |
| Oak Creek Homes, LLC, Nationwide Housing Systems, LLC doing business as Oak Creek Home Center, Nationwide Housing Systems, L.P., Oak Creek Homes of Fort Worth, HSTR General Holdings, Inc., American Homestar Corporation and 21st Century Mortgage Corporation |
| 6:2023cv00053 |
| February 10, 2023 |
| US District Court for the Eastern District of Oklahoma |
| Gerald L Jackson |
| Ronald A White |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
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Filing 42
MINUTE ORDER by Magistrate Judge Gerald L. Jackson granting #41 Motion to Withdraw as Counsel of Record. Accordingly, Attorney William Blocker is deemed withdrawn as counsel for Plaintiffs. (pmb, Deputy Clerk)
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| Filing 41 MOTION to Withdraw Attorney(s) William Blocker by All Plaintiffs Responses due by 4/24/2023(Shipman, Tiffani) |
| Filing 40 RESPONSE in Opposition to Motion (Re: #25 MOTION for Joinder of Party(s) ) by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC ; (With attachments)(Browning, John) |
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Filing 39
MINUTE ORDER by Magistrate Judge Gerald L. Jackson directing Plaintiff's Counsel William Blocker to complete the admission process in this Court as previously instructed on February 10, 2023, or withdraw as counsel for Plaintiff within 7 days. (pmb, Deputy Clerk) Modified on 4/5/2023 to correct text (pmb, Deputy Clerk).
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Filing 38
SETTLEMENT CONFERENCE ORDER by District Judge Ronald A. White setting Settlement Conference for September 20, 2023 at 9:30 AM in Chambers, Room 425, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Jason A. Robertson. Settlement Conference Statements must be submitted no later than September 6, 2023. (rak, Deputy Clerk)
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Filing 37
SCHEDULING ORDER by Magistrate Judge Gerald L. Jackson setting scheduling order dates based on the Parties' failure to show Good Cause as to why Discovery should extend beyond 4 months: Amended Pleadings due by 5/1/2023; Joinder of Parties due by 5/1/2023; Exhibit List due by 7/31/2023; Witness List due by 7/31/2023; Dispositive Motions due by 8/28/2023; Discovery due by 9/12/2023; Jury Instructions, Voir Dire & Trial Briefs due by 2/1/2024. Pretrial Conference set for 2/15/2024 at 10:00 AM in Chambers, Room 227, US Courthouse, 5th & Okmulgee, Muskogee, OK before District Judge Ronald A. White. Jury Trial set for 3/5/2024 at 9:00 AM in Courtroom 2, Room 224, US Courthouse, 5th & Okmulgee, Muskogee, OK before District Judge Ronald A. White. The Scheduling Conference set for 4/7/2023 at 10:15 AM before Magistrate Judge Gerald L. Jackson is hereby STRICKEN. (smd, Chambers)
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Filing 36
MINUTE ORDER by District Judge Ronald A. White: The parties are advised that this case has been referred to U.S. Magistrate Judge Gerald L. Jackson for all pretrial and discovery matters, including dispositive motions, in accordance with 28 USC Section 636(b) and Fed. R. Civ. P. 72. All future filings shall bear the case number CIV-23-53-RAW-GLJ. (tls, Deputy Clerk)
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| Filing 35 MINUTE ORDER by Court Clerk: Pursuant to receipt of an election of the District Judge Option and in accordance with LCvR 40.1(c), this case is reassigned to District Judge Ronald A. White. Magistrate Judge Gerald L. Jackson no longer assigned to case. All documents filed in this case in the future shall reflect the new case number CIV-23-53-RAW. (pmb, Deputy Clerk) |
| Filing 34 Joint STATUS REPORT by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC (Browning, John) |
| Filing 33 ATTORNEY APPEARANCE by Ryan G. Cole on behalf of American Homestar Corporation, Nationwide Housing Systems, LLC (Cole, Ryan) |
| Filing 32 SUMMONS Returned Executed re: HSTR General Holdings, Inc. - Served on 3/27/2023 by All Plaintiffs (Shipman, Tiffani) |
| Filing 31 SUMMONS Returned Executed re: American Homestar Corporation - Served on 3/27/2023 by All Plaintiffs (Shipman, Tiffani) |
| Filing 30 SUMMONS Returned Executed re: 21st Century Mortgage Corporation - Served on 3/27/2023 by All Plaintiffs (Shipman, Tiffani) |
| Filing 29 ALIAS SUMMONS Issued by Court Clerk as to 21st Century Mortgage Corporation (eaw, Deputy Clerk). |
| Filing 28 SUMMONS Issued by Court Clerk as to 21st Century Mortgage Corporation (eaw, Deputy Clerk). |
| Filing 27 SUMMONS Issued by Court Clerk as to American Homestar Corporation (eaw, Deputy Clerk). |
| Filing 26 SUMMONS Issued by Court Clerk as to HSTR General Holdings, Inc. (eaw, Deputy Clerk). |
| Filing 25 MOTION for Joinder of Party(s) by All Plaintiffs (With attachments) Responses due by 4/6/2023(Shipman, Tiffani) |
| Filing 24 First AMENDED COMPLAINT with Jury Demand against All Defendants (Re: State Court Petition/Complaint) by Nicole Smith, Christopher Smith (husband), Christopher Smith (as next friend for C.B.Z.D., and N.P.D., and A.L.O.M.S) (Shipman, Tiffani) |
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Filing 23
AMENDED ORDER SETTING SCHEDULING CONFERENCE AND REQUIRING JOINT STATUS REPORT by Magistrate Judge Gerald L. Jackson setting Scheduling Conference for 4/7/2023 at 10:15 AM in Chambers, Room 327, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Gerald L. Jackson. Parties are directed to file Joint Status Report by 4/3/2023. (Attachments: #1 Proposed Scheduling Order, #2 Consent or Reassignment Form)(pmb, Deputy Clerk)
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| Filing 22 DISCLOSURE STATEMENT (identifying: Corporate Parent American Homestar Corporation for Oak Creek Homes, LLC) by Oak Creek Homes, LLC (Browning, John) |
| Filing 21 DISCLOSURE STATEMENT (identifying: Corporate Parent American Homestar Corporation for Nationwide Housing Systems, LLC) by Nationwide Housing Systems, LLC (Browning, John) |
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Filing 20
MINUTE ORDER by Magistrate Judge Gerald L. Jackson: Upon review, the Disclosure Statements filed by Nationwide Housing, LLC (Re: #17 Disclosure Statement) and Oak Creek Homes, LLC (Re: #18 Disclosure Statement) are STRICKEN for failure to comply with Fed. R. Civ. P. 7.1. Defendants are each directed to file a full and complete Disclosure Statement within 7 days. (pmb, Deputy Clerk)
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| Filing 19 RESPONSE to Order to Show Cause (Re: 16 Minute Order Directing Party to Show Cause) by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC (Browning, John) |
| Filing 18 ***STRICKEN Per Minute Order (Dkt. 20)***DISCLOSURE STATEMENT by Oak Creek Homes, LLC (Browning, John) Modified on 3/13/2023 (pmb, Deputy Clerk). |
| Filing 17 ***STRICKEN per Minute Order (Dkt. 20)*** DISCLOSURE STATEMENT by Nationwide Housing Systems, LLC (Browning, John) Modified on 3/13/2023 (pmb, Deputy Clerk). |
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Filing 16
MINUTE ORDER by Magistrate Judge Gerald L. Jackson: Defendants are directed to show cause within 5 days why they have not complied with their disclosure obligations under Fed. R. Civ. P. 7.1 (revised effective December 1, 2022) and the Court's 8 Minute Order. (Response to Order to Show Cause due by 3/14/2023). (pmb, Deputy Clerk)
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Filing 15
MINUTE ORDER by Magistrate Judge Gerald L. Jackson denying #11 MOTION for Extension of Time to Answer and MOTION for Extension of Time to Respond to Motion. Plaintiffs are directed to respond to Defendants' #5 MOTION to Dismiss Party C.B.Z.D., N.P.D., A.L.O.M.S by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC or to file a Second Amended Complaint by Thursday, March 23, 2023. (pmb, Deputy Clerk)
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| Filing 14 RESPONSE to Motion (Re: #11 MOTION for Extension of Time to Respond to Motion MOTION for Extension of Time to Answer ) by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC ;(Browning, John) |
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Filing 13
MINUTE ORDER RESETTING SCHEDULING CONFERENCE by Magistrate Judge Gerald L. Jackson resetting Scheduling Conference from 3/10/2023 at 10:45 AM to 4/7/2023 at 10:15 AM in Chambers, Room 327, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Gerald L. Jackson. Parties directed to file Joint Status Report by 4/3/2023. (smd, Chambers)
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Filing 12
MINUTE ORDER by Magistrate Judge Gerald L. Jackson: Defendants are directed to submit an expedited response to Plaintiff's #11 MOTION to Extend Deadlines by Wednesday, March 8, 2023. (pmb, Deputy Clerk)
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| Filing 11 MOTION for Extension of Time to Answer and MOTION for Extension of Time to Respond to Motion (Re: #5 MOTION to Dismiss Party) by All Plaintiffs; Responses due by 3/15/2023(Shipman, Tiffani). Added MOTION for Extension of Time to Answer on 3/6/2023 (dma, Deputy Clerk). Modified on 3/6/2023 to edit event and add link (dma, Deputy Clerk). |
| Filing 10 DISCLOSURE STATEMENT by Christopher Smith(husband), Christopher Smith(as next friend for C.B.Z.D., and N.P.D., and A.L.O.M.S), Nicole Smith (Shipman, Tiffani) |
| Filing 9 ATTORNEY APPEARANCE by Tiffani J. Shipman on behalf of All Plaintiffs (Shipman, Tiffani) |
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Filing 8
MINUTE ORDER by Magistrate Judge Gerald L. Jackson: The parties are reminded that, pursuant to Fed. R. Civ. P. 7.1 (revised effective December 1, 2022), all applicable parties including nongovernmental corporations and parties or intervenors in a diversity cases are directed to file Disclosure Statements within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Disclosure Statement available on the Court's website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Disclosure Statement in this case, you are reminded to file a Supplemental Disclosure Statement within a reasonable time of any change in the information that the statement requires. (pmb, Deputy Clerk)
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Filing 7
ORDER SETTING SCHEDULING CONFERENCE AND REQUIRING JOINT STATUS REPORT by Magistrate Judge Gerald L. Jackson setting Scheduling Conference for 3/10/2023 at 10:45 AM in Chambers, Room 327, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Gerald L. Jackson. Parties directed to file Joint Status Report by 3/6/2023. (Attachments: #1 Consent or Reassignment Form) (smd, Chambers)
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| Filing 6 ANSWER to Petition/Complaint filed in State Court (Re: State Court Petition/Complaint) by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC (Browning, John) |
| Filing 5 MOTION to Dismiss Party C.B.Z.D., N.P.D., A.L.O.M.S by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC Responses due by 3/2/2023(Browning, John) |
| FILING FEES Paid in Full on 2/14/2023 in the amount of $402, receipt number AOKEDC-1757462 (Re: #2 Notice of Removal ) by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC [NOTE: Attorney John Browning added to party Nationwide Housing Systems, LLC(pty:dft), Attorney John Browning added to party Oak Creek Homes, LLC(pty:dft)]. (Browning, John) |
| Filing 4 MINUTE ORDER by Court Clerk. Applicable parties are directed to file Disclosure Statements per FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Disclosure Statement available on the Court's website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Disclosure Statement in this case, you are reminded to file a Supplemental Disclosure Statement within a reasonable time of any change in the information that the statement requires. (eaw, Deputy Clerk) |
| Filing 3 MINUTE ORDER by Court Clerk. Defendant is directed to pay the $402 filing fee within 7 days. Failure to comply with this directive will subject this action to immediate dismissal by the Court without prejudice to refiling. Consent forms provided to filing party. (Filing Fee due by 2/17/2023) (Re: #2 Notice of Removal ) (eaw, Deputy Clerk) |
| Filing 2 NOTICE of Removal from McCurtain County District Court, case number CJ-2023-08 by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC (With attachments) (eaw, Deputy Clerk) |
| Filing 1 CIVIL COVER SHEET by Nationwide Housing Systems, LLC, Oak Creek Homes, LLC (eaw, Deputy Clerk) |
| PETITION/COMPLAINT filed in State Court against Nationwide Housing Systems, L.P., Nationwide Housing Systems, LLC, Oak Creek Homes of Fort Worth, Oak Creek Homes, LLC by Nicole Smith, Christopher Smith (husband), Christopher Smith (as next friend for C.B.Z.D., and N.P.D., and A.L.O.M.S) (eaw, Deputy Clerk) |
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