Pence v. Stover, et al
| Howard Pence |
| Texas Land & Lakes LLC |
| Ricky Stover |
| 4:2022cv00433 |
| May 20, 2022 |
| US District Court for the Eastern District of Texas |
| Aileen Goldman Durrett |
| Sean D Jordan |
| Christine A Nowak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 33 OBJECTION to #32 Report and Recommendations by Texas Land & Lakes LLC. (Harrison, George) |
| Filing 32 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The court recommends that Pence's Opposed Motion to Dismiss pursuant to Fed. R. Civ. P. 41(a)(2) for lack of subject matter jurisdiction (Dkt. #18 ) be GRANTED. The court further recommends that Texas Land's Motion for Leave to File Attorneys' Fees Evidence (Dkt. #25 ) be GRANTED. The court further recommends that Howard Pence's claims be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. The court further recommends that Texas Land's cross-claim be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Finally, the court recommends that Texas Land be awarded reasonable attorneys' fees in the amount of $18,500. Signed by Magistrate Judge Aileen Goldman Durrett on 9/13/2023. (rpc, ) |
| Magistrate Judge Aileen Goldman Durrett added. Magistrate Judge Christine A. Nowak no longer assigned to case. (lrl, 6) |
| Filing 31 NOTICE by Texas Land & Lakes LLC Notice of Agreement for Submission of Attorneys Fees Request (Attachments: #1 Exhibit 1)(Harrison, George) |
Filing 30
ORDER. It is ORDERED that the Parties are directed to file any agreements reached and/or any further information they wish the Court to consider on the issue of attorneys' fees within three (3) business days, if at all. After the expiration of three (3) business days, the Court will deem the filings ripe for consideration and will proceed to address the merits on the briefing before the Court and without the setting of any further hearing. Signed by Magistrate Judge Christine A. Nowak on 2/21/2023. (mcg, )
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| Minute Entry for proceedings held before Magistrate Judge Christine A. Nowak: Rule 16 Management Conference and Hearing on Dkt. 18 called but not held; parties unable to reach agreement on fees but advise Court they don't believe a hearing is necessary and request Court to take up motion(s) on briefing. (No exhibits)(Court Reporter Digital Recording.) (dm, ) |
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Filing 29
ORDER Setting Hearing on #18 Opposed MOTION to Dismiss for Lack of Jurisdiction and Rule 16 Management Conference: Hearing reset for 2/10/2023 at 02:00 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 2/7/2023. (rpc, )
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| Filing 28 REPLY to Response to Motion re #25 MOTION for Leave to File Attorneys' Fees Evidence filed by Texas Land & Lakes LLC. (Attachments: #1 Text of Proposed Order Granting Motion for Leave)(Harrison, George) |
| Filing 27 RESPONSE to Motion re #25 MOTION for Leave to File Attorneys' Fees Evidence filed by Howard Pence. (Attachments: #1 Exhibit 1 - Affidavit of Dylan B. Russell)(Russell, Dylan) |
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Filing 26
ORDER: Rule 16 Management Conference and Motion Hearing RESCHEDULED to for 2/6/2023 at 03:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 2/1/2023. (mmc)
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| Filing 25 MOTION for Leave to File Attorneys' Fees Evidence by Texas Land & Lakes LLC. (Attachments: #1 Affidavit Breck Harrison)(Harrison, George) |
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Filing 24
ORDER. It is ORDERED that Plaintiff Howard Pence's Joint Motion to Conduct Hearing Virtually [Dkt. #23 ] is GRANTED. All Parties may attend the Rule 16 scheduling conference and hearing set for Monday, January 30, 2023, at 3:30 p.m. via videoconference. Signed by Magistrate Judge Christine A. Nowak on 1/26/2023. (mcg)
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| Filing 23 Joint MOTION for Hearing re #22 Order,, Order Setting Hearing on Motion, #19 Response to Motion, #18 Opposed MOTION to Dismiss for Lack of Jurisdiction , #16 Order,, Set Deadlines/Hearings, #20 Reply to Response to Motion by Howard Pence. (Russell, Dylan) (Additional attachment(s) added on 1/26/2023: #1 Text of Proposed Order) (mcg, ). |
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Filing 22
ORDER. It is ORDERED that the Court will conduct a hearing on Plaintiff Howard Pence's Opposed Motion to Dismiss Pursuant to Fed. R. Civ. P. 41(a)(2) [Dkt. #18 ] on Monday, January 30, 2023, at 3:30 p.m., before United States Magistrate Judge Christine A. Nowak, United States Courthouse Annex, 200 North Travis Street, Mezzanine Level, Sherman, Texas 75090. Signed by Magistrate Judge Christine A. Nowak on 1/25/2023. (mcg)
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| Filing 21 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit Proposed Scheduling Order)(Harrison, George) |
| Filing 20 REPLY to Response to Motion re #18 Opposed MOTION to Dismiss for Lack of Jurisdiction filed by Howard Pence. (Russell, Dylan) |
| Filing 19 RESPONSE to Motion re #18 Opposed MOTION to Dismiss for Lack of Jurisdiction filed by Texas Land & Lakes LLC. (Attachments: #1 Text of Proposed Order Defendant Texas Land & Lakes LLC's Proposed Order)(Harrison, George) |
| Filing 18 Opposed MOTION to Dismiss for Lack of Jurisdiction by Howard Pence. (Attachments: #1 Text of Proposed Order)(Russell, Dylan) |
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Filing 17
ORDER. It is ORDERED that Plaintiff Howard Pence's Motion for Expedited Discovery [Dkt. #4 ] and Motion for Oral Hearing on Plaintiff's Motion for Expedited Discovery [Dkt. #8 ] are DENIED. Signed by Magistrate Judge Christine A. Nowak on 12/12/2022. (mcg)
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Filing 16
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 1/13/2023. Rule 16 Management Conference set for 1/30/2023 at 03:30 PM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Christine A. Nowak. Signed by Magistrate Judge Christine A. Nowak on 12/12/2022. (mcg)
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| Filing 15 First Amended ANSWER to #10 Amended Complaint, , CROSSCLAIM against Ricky Stover by Texas Land & Lakes LLC.(Harrison, George) |
| Filing 14 NOTICE of Attorney Appearance - Pro Hac Vice by Philip D Mockford on behalf of Texas Land & Lakes LLC. Filing fee $ 100, receipt number ATXEDC-9239269. (Mockford, Philip) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT filed by Texas Land & Lakes LLC (Harrison, George) |
| Filing 12 Original ANSWER to #10 Amended Complaint, , CROSSCLAIM against Ricky Stover by Texas Land & Lakes LLC.(Harrison, George) |
| Filing 11 SUMMONS Issued as to Texas Land & Lakes LLC. (mcg) |
| Filing 10 AMENDED COMPLAINT against Ricky Stover, Texas Land & Lakes LLC, filed by Howard Pence. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Russell, Dylan) |
| Filing 8 MOTION for Hearing re #4 MOTION for Discovery by Howard Pence. (Attachments: #1 Text of Proposed Order Proposed Order)(Russell, Dylan) |
| NOTICE of Deficiency regarding the #7 Supplement to Motion for Expedited Discovery: INCORRECT DOCKET EVENT; NO PROPOSED ORDER. Correction should be made by ONE BUSINESS DAY (mcg) |
| Filing 7 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***Supplemental MOTION for Discovery by Howard Pence. (Russell, Dylan) Modified on 9/12/2022 (mcg, ). |
| Filing 6 RESPONSE to #5 Order Notice of Impending Dismissal filed by Howard Pence. (Attachments: #1 Exhibit Exhibit A)(Russell, Dylan) |
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Filing 5
NOTICE OF IMPENDING DISMISSAL. Failure to respond to this Order will result in a recommendation for dismissal of this case for failure to prosecute and/or failure to serve. Signed by Magistrate Judge Christine A. Nowak on 8/23/2022. (mcg)
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| Filing 4 MOTION for Discovery by Howard Pence. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order Proposed Order, #5 Exhibit A to Proposed Order)(Russell, Dylan) |
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Filing 3
REFERRAL ORDER. Pursuant to 28 U.S.C. 636 and Local Rule CV-72, the undersigned hereby REFERS the cases set forth below to U. S. Magistrate Judge Christine A. Nowak for all pretrial proceedings. Signed by District Judge Sean D. Jordan on 6/16/2022. (mcg)
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| Filing 2 SUMMONS Issued as to Ricky Stover. (mcg) |
| Filing 1 COMPLAINT against Ricky Stover ( Filing fee $ 402 receipt number ATXEDC-8936009.), filed by Howard Pence. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Russell, Dylan) (Additional attachment(s) added on 5/23/2022: #5 Civil Cover Sheet) (mcg, ). |
| Case Assigned to District Judge Sean D. Jordan. (mcg) |
| 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. (mcg) |
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