Smocks v. Preston Heights Apartments et al
Troy Anthony Smocks |
Preston Heights Apartments and Preston Heights Apartments, LLC |
4:2022cv00787 |
September 12, 2022 |
US District Court for the Eastern District of Texas |
Amos L Mazzant |
Rent Lease & Ejectment |
28 U.S.C. § 1331 Fed. Question: Tort Action |
None |
Docket Report
This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Counsel are advised that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls) |
The Court hereby CANCELS the November 15, 2022 Scheduling Conference; the Court will enter a Scheduling Order. (tls) |
Filing 21 MOTION for Summary Judgment and Certificate of Conference by Troy Anthony Smocks. Responses due by 11/21/2022 (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Lieberman, Mark) |
Filing 20 REPORT OF RULE 26(f) PLANNING MEETING /Joint Conference Report by Preston Heights Apartments, Preston Heights Apartments, LLC. (Attachments: #1 Exhibit Proposed Scheduling Order)(Fee, Thomas) |
Filing 19 NOTICE of Discovery Disclosure by Preston Heights Apartments (Fee, Thomas) |
Filing 18 NOTICE of Attorney Appearance by Joshua Dylan Moylan, I on behalf of Preston Heights Apartments, Preston Heights Apartments, LLC (Moylan, Joshua) |
Filing 17 MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Plaintiff's Motion to Remand Case Back to the State Court (Dkt. #13 ) and First Amended Plaintiff's Motion to Dismiss for Want of Federal Jurisdiction (Dkt. #14 ) are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 10/24/2022. (baf, ) |
Filing 16 NOTICE by Troy Anthony Smocks NOTICE OF STOWERS OFFER (Attachments: #1 Exhibit Offer To Settle Letters)(Lieberman, Mark) |
Filing 15 ORDER GOVERNING PROCEEDINGS - Rule 16 management Conference set for 11/15/2022 02:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 9/27/2022. (ch, ) |
Filing 14 First MOTION to Dismiss by Troy Anthony Smocks. (Lieberman, Mark) (Additional attachment(s) added on 9/27/2022: #1 Text of Proposed Order) (baf, ). |
Filing 13 MOTION to Remand to State Court by Troy Anthony Smocks. (Lieberman, Mark) |
Filing 12 ORDER granting #10 MOTION to Withdraw as Counsel for Defendants. It is therefore ORDERED that Darrell G-M Noga of Fee, Smith & Sharp, LLP is hereby withdrawn as counsel for Defendants, PRESTON HEIGHTS APARTMENTS and PRESTON HEIGHTS APARTMENTS, LLC. Signed by District Judge Amos L. Mazzant, III on 9/22/2022. (baf, ) |
Filing 11 NOTICE of Designation of Attorney in Charge to Thomas Wayne Fee on behalf of All Defendants (Fee, Thomas) |
Filing 10 MOTION to Withdraw as Counsel for Defendants by Preston Heights Apartments, Preston Heights Apartments, LLC. (Attachments: #1 Text of Proposed Order)(Noga, Darrell) |
NOTICE of Deficiency regarding the MOTION TO DISMISS submitted DOCUMENT #9 - INCORRECT DOCKET EVENT USED FOR FILING AND NO PROPOSED ORDER ATTACHED - MOTION TO REMAND SHOULD BE FILED SEPARTELY AND CONTAIN A CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY (baf, ) |
Filing 9 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***RESPONSE in Opposition re #5 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction Motion To Dismiss filed by Troy Anthony Smocks. (Lieberman, Mark) Modified on 9/20/2022 (baf, ). |
Filing 8 RESPONSE in Opposition re #1 Notice of Removal Objection To Removal filed by Troy Anthony Smocks. (Lieberman, Mark) |
Filing 7 RESPONSE to Motion re #5 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction /PL's Motion to Remand filed by Preston Heights Apartments, Preston Heights Apartments, LLC. (Attachments: #1 Exhibit A - PL's Original Petition, #2 Exhibit B - Notice of Removal, #3 Exhibit C - Deficiency email from Court)(Fee, Thomas) |
Filing 6 ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** NOTICE of Designation of Attorney in Charge to Thomas Wayne Fee on behalf of All Defendants (Fee, Thomas) Modified on 9/19/2022 (rpc, ). |
NOTICE of Deficiency regarding the #6 NOTICE of Designation of Attorney in Charge submitted by Preston Heights Apartments, Preston Heights Apartments, LLC. The document should be filed as two separate filings. First, Motion to Withdraw as Attorney, Second, Notice of Desigination of Attorney in Charge. Correction should be made by one business day. (rpc, ) |
NOTICE of Deficiency regarding the OBJECTION TO DEFENDANT'S REMOVAL OF THIS CASE TO FEDERAL COURT AND MOTION TO REMAND submitted DOCUMENT #5 - DOCUMENT IS A TWO PART PLEADING, NO CERTIFICATE OF CONFERENCE NOR PROPOSED ORDER FOR MOTION. Correction should be made by ONE BUSINESS DAY (baf, ) |
Filing 5 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction by Troy Anthony Smocks. Responses due by 9/19/2022 (Lieberman, Mark) Modified on 9/15/2022 (baf, ). |
Filing 4 ORDER AND ADVISORY re #1 Notice of Removal, filed by Preston Heights Apartments, LLC, Preston Heights Apartments. Signed by District Judge Amos L. Mazzant, III on 9/14/2022. (baf, ) |
Filing 3 ***ANSWER FILED IN STATE COURT*** ANSWER to #2 Complaint by Preston Heights Apartments, Preston Heights Apartments, LLC.(baf, ) |
Filing 2 ***COMPLAINT FILED IN STATE COURT***COMPLAINT against Preston Heights Apartments, Preston Heights Apartments, LLC, filed by Troy Anthony Smocks.(baf, ) |
Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, ) |
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, ) |
Filing 1 NOTICE OF REMOVAL by Preston Heights Apartments, LLC, Preston Heights Apartments (Filing fee $ 402 receipt number ATXEDC-9122807), filed by Preston Heights Apartments, LLC, Preston Heights Apartments. (Attachments: #1 Exhibit A - Civil Cover Sheet, #2 Exhibit B - Civil Docket Sheet, #3 Exhibit C - POP and Answer, #4 Exhibit D - Certificate of Interested Parties)(Noga, Darrell) |
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