Holland et al v. Amazing Acres Inc. et al
| Donald Joseph Holland and Aisha A Rocher |
| Amazing Acres Inc., Gary Ester and Amanda Ester |
| 5:2023cv00089 |
| August 28, 2023 |
| US District Court for the Eastern District of Texas |
| James Boone Baxter |
| Robert W Schroeder |
| Torts to Land |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER For the reasons above, the Court cannot hear this matter because it does not have subject matter jurisdiction. Plaintiffs have not complied with the Court's order to amend the complaint to establish subject matter jurisdiction, and have stated they will not do so. Accordingly, it is ORDERED that the above-captioned case is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. It is further ORDERED that any pending motions in the above-captioned case are DENIED-AS-MOOT. Signed by District Judge Robert W. Schroeder, III on 10/26/2023. (psm)
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| Filing 12 MOTION to Withdraw Consent to Appointment of Magistrate Judge by Donald Joseph Holland, Aisha A Rocher. (Attachments: #1 Envelope)(slo) |
| Filing 11 ACKNOWLEDGMENT OF RECEIPT as to #7 Order. (psm) |
| Filing 10 MOTION for Appointment of Service by Donald Joseph Holland, Aisha A Rocher. (Attachments: #1 Summon s, #2 Envelope)(slo) |
| Filing 9 AMENDED COMPLAINT against Amazing Acres Inc., Amanda Ester, Gary Esterfiled by Donald Joseph Holland, Aisha A Rocher. (Attachments: #1 Envelope)(slo) |
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Filing 7
ORDER. It is ORDERED that the Court's ruling on Plaintiffs' Motion to Proceed In Forma Pauperis (Dkt. No. 4) is stayed until such time as the Court determines whether it has jurisdiction over this cause of action. It is further ORDERED that, within twenty (20) days from receipt of this Order, Plaintiffs shall amend their complaint to cure the deficiencies identified in this Order. It is further ORDERED that Plaintiffs are advised that failure to file an amended complaint and/or to cure the deficiencies identified in this Order within twenty (20) days of the date of this Order will result in a recommendation to the District Court that Plaintiffs' complaint be dismissed without prejudice for lack of subject matter jurisdiction. Signed by Magistrate Judge James Boone Baxter on 9/6/2023. (slo)
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Filing 6
**** FILED IN ERROR PLEASE IGNORE PER THE CLERK'S OFFFICE*** ORDER The above-referenced cause of action was referred to the undersigned United States Magistrate Judge for pretrial purposes in accordance with 28 U.S.C. 636. The following motions are before the Court: (1) Defendant Sick AG's Motion to Dismiss for Lack of Personal Jurisdiction, Pursuant to Federal Rule of Civil Procedure 12(b)(2) and, Alternatively, Partial Motion to Dismiss for Failure to State a Claim for Which Relief can be Granted, Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. No. 43 ); and (2) Defendant Sick Inc.'s Motion to Dismiss for Failure to State a Claim for Which Relief can be Granted, Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. No. 44 ). It is therefore ORDERED that on or before September 1, 2023, Plaintiff shall file responses to Defendant Sick AG's Motion to Dismiss for Lack of Personal Jurisdiction, Pursuant to Federal Rule of Civil Procedure 12(b)(2) and, Alternatively, Partial Motion to Dismiss for Failure to State a Claim for Which Relief can be Granted, Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. No. 43 ) and Defendant Sick Inc.'s Motion to Dismiss for Failure to State a Claim for Which Relief can be Granted, Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt. No. 44 ). Signed by Magistrate Judge James Boone Baxter on 8/23/2023. (psm) Modified on 8/29/2023 (psm,).
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Filing 5
STANDING ORDER REFERRING PRO SE NON-PRISONER CASES to Magistrate Judge James Boone Baxter for all pretrial matters.. Signed by District Judge Robert W. Schroeder, III on 8/28/2023. (psm)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Donald Joseph Holland. (Attachments: #1 Envelope)(psm) |
| Filing 3 MOTION for Permission to File Electronically by Donald Joseph Holland. (Attachments: #1 Envelope)(psm) |
| Filing 2 MOTION for Emergency Injunctive Relief by Donald Joseph Holland. (Attachments: #1 Envelope)(psm) |
| Filing 1 COMPLAINT against Amazing Acres Inc., Amanda Ester, Gary Ester, filed by Donald Joseph Holland. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(psm) |
| 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. (psm) |
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