Clara Blackford Smith and W. Aubrey Smith Charitable Foundation v. U.S. Trust Company
Plaintiff: Clara Blackford Smith and W. Aubrey Smith Charitable Foundation
Defendant: U.S. Trust Company, Bank of America Private Bank and BANK OF AMERICA, N.A.
Case Number: 4:2019cv00433
Filed: June 12, 2019
Court: US District Court for the Eastern District of Texas
Presiding Judge: Robert W Schroeder
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2019 Opinion or Order Filing 16 ORDER granting #14 Motion for Extension of Time to File Reply. ORDERED that Defendant's deadline to file its Reply in Support of its Motion to Dismiss is extended to August 20, 2019. Signed by District Judge Robert W. Schroeder, III on 8/2/2019. (rpc, )
August 1, 2019 Filing 15 CORPORATE DISCLOSURE STATEMENT filed by BANK OF AMERICA, N.A. identifying Corporate Parent NB Holdings Corporation, Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent Bank of America Corporation, Other Affiliate Berkshire Hathaway Inc for BANK OF AMERICA, N.A.. (Semmler, Kathryn)
July 31, 2019 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply by BANK OF AMERICA, N.A.. (Attachments: #1 Text of Proposed Order Proposed Order)(Semmler, Kathryn)
July 30, 2019 Filing 13 RESPONSE to Motion re #4 MOTION to Dismiss filed by Clara Blackford Smith and W. Aubrey Smith Charitable Foundation. (Attachments: #1 Text of Proposed Order)(Sanders, Roger)
July 12, 2019 Opinion or Order Filing 12 DISCOVERY ORDER. Signed by District Judge Robert W. Schroeder, III on 7/12/2019. (baf, )
July 12, 2019 Set/Reset Scheduling Order Deadlines: Amend Pleadings by 2/25/2020. (baf, )
July 12, 2019 Opinion or Order Filing 11 DOCKET CONTROL ORDER: Pretrial Conference set for 5/5/2020 at 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Discovery due by 2/25/2020. Joinder of Parties due by 7/11/2019 for Plaintiff and by 8/15/2019 for Defendant. Amended Pleadings by 2/25/2020. Proposed Jury instructions due by 4/21/2020. Jury Selection set for 5/18/2020 at 9:00 AM in Ctrm A01 (Sherman - Annex) before District Judge Robert W. Schroeder III. Jury Trial set for 5/18/2020 at 9:00 AM in Ctrm A01 (Sherman - Annex) before District Judge Robert W. Schroeder III. Mediation Completion due by 9/20/2019. Any remaining dispositive motions due from all parties and any other motions that may require a hearing by 3/10/2020. Joint Final Pretrial Order due by 4/21/2020. EXPECTED LENGTH OF TRIAL: 3 days. Signed by District Judge Robert W. Schroeder, III on 7/12/2019. (baf, )
July 12, 2019 Opinion or Order Filing 10 ORDER. On June 26, 2019, the Court set a scheduling conference in this matter for July 18, 2019 in Texarkana, Texas. Docket No. #7 . In the Court's order, it explained that it may enter the parties' proposed orders and cancel the scheduling conference. Id. Based on the parties' submission, the Court finds that a scheduling conference is unnecessary in this case. The scheduling conference is hereby CANCELLED. Signed by District Judge Robert W. Schroeder, III on 7/12/2019. (baf, )
July 11, 2019 Filing 9 MOTION Unopposed Joint Motion Submitting Proposed Docket Control Order and Proposed Discovery Order by BANK OF AMERICA, N.A.. (Attachments: #1 Exhibit Exhibit A - Proposed Docket Control Order, #2 Exhibit Exhibit B - Proposed Discovery Order)(Semmler, Kathryn) (Attachment 1 replaced on 7/12/2019) (baf, ). (Attachment 2 replaced on 7/12/2019) (baf, ).
July 8, 2019 Filing 8 NOTICE of Attorney Appearance by Lance Lee on behalf of Clara Blackford Smith and W. Aubrey Smith Charitable Foundation (Lee, Lance)
June 26, 2019 Opinion or Order Filing 7 ORDER. This case is set for a Scheduling Conference on 7/18/2019 at 2:00 PM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Signed by District Judge Robert W. Schroeder, III on 6/26/2019. (baf, )
June 25, 2019 Opinion or Order Filing 6 ORDER - GRANTING #5 Motion for Extension of Time to File Response re #4 MOTION to Dismiss . Responses due by 7/30/2019. Signed by District Judge Robert W. Schroeder, III on 6/25/2019. (baf, )
June 24, 2019 Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss by Clara Blackford Smith and W. Aubrey Smith Charitable Foundation. (Attachments: #1 Text of Proposed Order)(Sanders, Roger)
June 19, 2019 Filing 4 MOTION to Dismiss by U.S. Trust Company. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss)(Guerin, Cynthia)
June 12, 2019 Filing 3 ***COMPLAINT FILED IN STATE COURT***COMPLAINT against U.S. Trust Company, filed by Clara Blackford Smith and W. Aubrey Smith Charitable Foundation.(baf, )
June 12, 2019 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, )
June 12, 2019 Case ASSIGNED to District Judge Robert W. Schroeder, III. (baf, )
June 12, 2019 Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Bank of America, N.A. identifying Corporate Parent Bank of America Corporation for Bank of America, N.A.. (Guerin, Cynthia)
June 12, 2019 Filing 1 NOTICE OF REMOVAL by Bank of America, N.A. from 397th JDC Grayson County, case number CV-19-0732. (Filing fee $ 400 receipt number 0540-7307520), filed by Bank of America, N.A.. (Attachments: #1 Exhibit List, #2 Exhibit 1 - Plaintiff's Original Petition for Declaratory and Equitable Relief, #3 Exhibit 2 - Citations to Bank of America, N.A. and U.S. Trust, a/k/a Bank of America Private Bank, #4 Exhibit 3 - Process of Service on Bank of America, N.A. and U.S. Trust a/k/a Bank of America Private, #5 Exhibit 4 - Certified Copy of Docket Sheet, #6 Exhibit 5 - Civil Cover Sheet, #7 Exhibit 6 - List of All Attorneys, #8 Exhibit 7 - List of All Parties and Name of State Court)(Guerin, Cynthia)

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Defendant: U.S. Trust Company
Represented By: Cynthia Carlborg Guerin
Represented By: Kathryn Elise Semmler
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Defendant: Bank of America Private Bank
Represented By: Cynthia Carlborg Guerin
Represented By: Kathryn Elise Semmler
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Defendant: BANK OF AMERICA, N.A.
Represented By: Kathryn Elise Semmler
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Plaintiff: Clara Blackford Smith and W. Aubrey Smith Charitable Foundation
Represented By: James Michael Young
Represented By: Roger D Sanders
Represented By: Lance Lee
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