Sethi v. Holcomb
| Sameer P Sethi |
| Adam James Holcomb |
| 4:2021cv00590 |
| July 28, 2021 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Amos L Mazzant |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.
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Filing 27
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 10/19/2021. Scheduling Conference set for 10/26/2021 01:00 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/16/2021. (daj, )
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| Filing 26 MOTION to Amend/Correct #25 MOTION to Dismiss by Adam James Holcomb. (Attachments: #1 Exhibit Declaration of Defendant, #2 Exhibit Video Screenshots of Insufficient Service, #3 Supplement Judgment on Appeal, #4 Supplement Opinion on Motion to Enter, #5 Supplement Opinion on Motion for Summary Judgment, #6 Text of Proposed Order)(Holcomb, Adam) |
| Filing 25 MOTION to Dismiss by Adam James Holcomb. (Attachments: #1 Exhibit Declaration of Defendant, #2 Supplement Fifth Circuit Judgment, #3 Supplement District Court Opinion on Motion to Enter, #4 Supplement District Court Opinion on Motion for Summary Judgment, #5 Text of Proposed Order)(Holcomb, Adam) |
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Filing 24
ORDER denying as moot #5 the Combined Motion filed by Adam James Holcomb. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/30/2021. (daj, )
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| Filing 23 FIRST AMENDED COMPLAINT against Adam James Holcomb, filed by Sameer P Sethi.(daj, ) |
| Filing 21 ACKNOWLEDGMENT OF RECEIPT by Sameer P Sethi as to #20 Order. (daj, ) |
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Filing 20
ORDER AND ADVISORY. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/29/2021. (daj, )
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| Filing 19 Case reassigned to District Judge Amos L. Mazzant, III and referred to Magistrate Judge Kimberly C Priest Johnson. (Attachments: #1 Magistrate referral) (daj, ) |
| Filing 18 Case transferred in from District of Texas Northern; Case Number 3:21-cv-01106. Original file certified copy of transfer order and docket sheet received. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. NEF Wed Jul 28 08:44:45 CDT 2021 (crt) [Transferred from Texas Northern on 7/28/2021.] |
| 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. (daj, ) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Wed Jul 28 09:31:32 CDT 2021 (crt) [Transferred from Texas Northern on 7/28/2021.] |
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Filing 17
ORDER: Defendant's combination Motion to Strike; Motions to Dismiss for Improper Venue, Insufficient Service of Process, and Failure to State a Claim; and, in the Alternative, Motion to Transfer Venue, Doc. #5 , is GRANTED IN PART; to-wit, to the extent transfer is sought. The remaining motions and issues are carried with the case, and this action is hereby TRANSFERRED to the United States District Court for the Eastern District of Texas, Sherman Division, for further proceedings. (Ordered by Magistrate Judge Renee Harris Toliver on 7/27/2021) (axm) [Transferred from Texas Northern on 7/28/2021.]
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Filing 16
ELECTRONIC ORDER: Before the Court is Defendant's Motion to Strike Plaintiff's Untimely Response, Doc. #13 . Defendant correctly notes that while Plaintiff's response was due June 22, 2021; Plaintiff did not file his response, Doc. #11 , until the next day. However, in light of Plaintiff's pro se status and the shortness of the delay, and in the interest of justice, Defendant's motion to strike is DENIED. (Ordered by Magistrate Judge Rene Harris Toliver on 7/27/2021) (Magistrate Judge Rene Harris Toliver) [Transferred from Texas Northern on 7/28/2021.]
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| Filing 15 RESPONSE filed by Sameer P Sethi re: #13 MOTION to Strike #11 Response/Objection (ykp) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 14 Brief/Memorandum in Support filed by Adam James Holcomb re #13 MOTION to Strike #11 Response/Objection (Holcomb, Adam) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 13 MOTION to Strike #11 Response/Objection filed by Adam James Holcomb with Brief/Memorandum in Support. (Holcomb, Adam) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 12 REPLY filed by Adam James Holcomb re: #5 MOTION to Strike MOTION to Dismiss for Improper Venue Motion to Dismiss for Failure to State a Claim MOTION to transfer Venue. (Holcomb, Adam) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 11 RESPONSE filed by Sameer P Sethi re: #5 MOTION to Strike; MOTION to Dismiss for Improper Venue, Insufficient Service of Process, and Failure to State a Claim; and, in the Alternative, MOTION to transfer Venue. (ygl) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 10 NOTICE of Resubmission of Corrected Original Petition and Request for Disclosure filed by Sameer P Sethi. (ygl) [Transferred from Texas Northern on 7/28/2021.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. NEF Tue Jun 15 10:26:01 CDT 2021 (crt) [Transferred from Texas Northern on 7/28/2021.] |
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Filing 9
ELECTRONIC ORDER: Upon review, Plaintiff's Motion for Extension of Time to File Plaintiff's Reply to Defendant's Motion to Dismiss, Doc. #7 , is GRANTED IN PART. Plaintiff's response to Defendant's Motion to Strike; Motion to Dismiss for Improper Venue, Insufficient Service of Process, and Failure to State a Claim; and, in the alternative, Motion to Transfer Venue, Doc. #5 , is due June 22, 2021. (Ordered by Magistrate Judge Renee Harris Toliver on 6/14/2021) (chmb) [Transferred from Texas Northern on 7/28/2021.]
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| Filing 8 Proposed Order to #7 Motion for Extension of Time to File Response/Reply, by Plaintiff Sameer P Sethi. (mjr) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 7 MOTION for Extension of Time to File Response/Reply to #5 MOTION to Strike; MOTION to Dismiss for Improper Venue, Insufficient Service of Process, and Failure to State a Claim; and, in the Alternative, MOTION to transfer Venue filed by Sameer P Sethi. (mjr) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 6 Brief/Memorandum in Support filed by Adam James Holcomb re: #5 MOTION to Strike; MOTION to Dismiss for Improper Venue, Insufficient Service of Process, and Failure to State a Claim; and, in the Alternative, MOTION to transfer Venue. (Attachments: #1 Exhibit(s) Deed of 427 Walnut, Murphy, TX, #2 Exhibit(s) Letter from Plaintiff Stating Address, #3 Exhibit(s) Defendant's Declaration of Authenticity of Screenshot, #4 Exhibit(s) Screenshots from Video Doorbell) (Holcomb, Adam) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 5 MOTION to Strike; MOTION to Dismiss for Improper Venue, Insufficient Service of Process, and Failure to State a Claim; and, in the Alternative, MOTION to transfer Venue filed by Adam James Holcomb. (Holcomb, Adam) Modified text on 5/26/2021 (jmg). [Transferred from Texas Northern on 7/28/2021.] |
| Filing 4 Notice and Instruction to Pro Se Party. (ndt) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 3 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Adam James Holcomb. (Holcomb, Adam) [Transferred from Texas Northern on 7/28/2021.] |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Adam James Holcomb. (Filing fee $402; Receipt number 0539-11900708.) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A - Index of Matters Being Filed, #2 Exhibit(s) B - The State Court Docket Sheet, #3 Exhibit(s) B(1) - Plaintiff's Original Petition and Request for Disclosure, #4 Exhibit(s) B(2) - No Activity Letter from Court to Plaintiff, #5 Exhibit(s) B(3) - No Activity Letter File Copy, #6 Exhibit(s) B(4) - Issued Citation, #7 Exhibit(s) B(5) - Correspondence from Plaintiff to Court, #8 Exhibit(s) B(6) - No Activity Letter from Court to Plaintiff, #9 Exhibit(s) B(7) - No Activity Letter File Copy, #10 Exhibit(s) B(8) - Return of Service Unexecuted Citation, #11 Exhibit(s) B(9) - Issued Citation, #12 Exhibit(s) B(10) - Issued Citation, #13 Exhibit(s) B(11) - Return of Service Affidavit of Process Server, #14 Exhibit(s) B(12) - Correspondence from Plaintiff to Court, #15 Exhibit(s) B(13) - No Activity Letter from Court to Plaintiff, #16 Exhibit(s) B(14) - No Activity Letter File Copy, #17 Exhibit(s) B(15) - No Activity Letter from Court to Plaintiff, #18 Exhibit(s) B(16) - No Activity Letter File Copy, #19 Exhibit(s) C - Notice of Related Cases, #20 Cover Sheet, #21 Cover Sheet Supplement) (Holcomb, Adam) Modified on 5/18/2021 (ndt). [Transferred from Texas Northern on 7/28/2021.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Tue May 18 11:35:12 CDT 2021 (crt) [Transferred from Texas Northern on 7/28/2021.] |
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| Plaintiff: Sameer P Sethi | |
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| Defendant: Adam James Holcomb | |
| Represented By: | Adam James Holcomb |
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