Woods Agave LLC v. Midland Loan Services, et al
| Woods Agave LLC |
| Greystone Servicing Company LLC, Midland Loan Services, a Division of PNC Bank, 113 Magnolia Lane LLC, PNC Bank, National Association, Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of Benchmark 2020-B17 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-B17 and Midland Loan Services |
| 6:2020cv00661 |
| December 28, 2020 |
| US District Court for the Eastern District of Texas |
| J Campbell Barker |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on May 3, 2021. A more recent docket listing may be available from PACER.
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Filing 42
ORDER DISMISSING CASE without prejudice. Any pending motions are denied as moot. Signed by District Judge J. Campbell Barker on 5/3/2021. (ndc)
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| Filing 41 NOTICE of Voluntary Dismissal by Woods Agave LLC (Attachments: #1 Text of Proposed Order)(Strong, Seven) |
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MINUTE ORDER granting #39 plaintiff's unopposed motion for extension of time to file a response to defendants' motion to dismiss. Plaintiff's deadline to respond is May 14, 2021. Ordered by District Judge J. Campbell Barker on 4/29/2021. (ndc)
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Filing 40
ORDER denying without prejudice as moot re #20 MOTION to Dismiss Plaintiff's First Amended Complaint and correcting a clerical error in the previous order extending the state-court temporary restraining order. The temporary restraining order will expire on April 30, 2021. Signed by District Judge J. Campbell Barker on 4/28/2021. (ndc)
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| Filing 39 First MOTION for Extension of Time to File Response/Reply as to #38 MOTION to Dismiss Plaintiff's Second Amended Complaint by Woods Agave LLC. (Attachments: #1 Text of Proposed Order)(Strong, Seven) |
| Filing 38 MOTION to Dismiss Plaintiff's Second Amended Complaint by Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association, Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of Benchmark 2020-B17 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-B17. (Attachments: #1 Text of Proposed Order)(Chauvin, Christopher) |
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ORAL ORDER denying #21 Motion for Preliminary Injunction for the reasons stated in open court during the April 13, 2021 hearing. Ordered by District Judge J. Campbell Barker on 4/13/2021. (ndc)
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| Filing 37 Admitted Witness and Exhibits List for 4/13/21 hearing on #21 Motion for preliminary injunction. (Attachments: #1 Plaintiff's Exhibit 1, #2 Plaintiff's Exhibit 2, #3 Plaintiff's Exhibit 3, #4 Plaintiff's Exhibit 4, #5 Plaintiff's Exhibit 5, #6 Plaintiff's Exhibit 6, #7 Plaintiff's Exhibit 8, #8 Plaintiff's Exhibit 9, #9 Plaintiff's Exhibit 10, #10 Plaintiff's Exhibit 11, #11 Plaintiff's Exhibit 12, #12 Defendants' Exhibit 1, #13 Defendants' Exhibit 9, #14 Defendants' Exhibit 11)(ndc) |
| Filing 36 Minute Entry for proceedings held before District Judge J. Campbell Barker: Motion Hearing held on 4/13/2021 re #21 MOTION for Preliminary Injunction filed by Woods Agave LLC. (Court Reporter Susan Zielie.) (ndc) |
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Filing 35
ORDER on hearing protocols. Signed by District Judge J. Campbell Barker on 4/12/2021. (ndc)
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| Filing 34 AMENDED COMPLAINT Second against All Defendants, filed by Woods Agave LLC. (Attachments: #1 Exhibit Exh 1 part 1, #2 Exhibit Exh 1 part 2, #3 Exhibit Exh 1 part 3, #4 Exhibit Exh 2, #5 Exhibit Exh 3, #6 Exhibit Exh 4, #7 Exhibit Exh 5)(Strong, Seven) |
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Filing 33
ORDER for plaintiff to file its second amended complaint by 4/5/2021. Signed by District Judge J. Campbell Barker on 4/1/2021. (ndc)
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MINUTE ORDER Resetting Hearing on #21 Motion for Preliminary Injunction. Motion Hearing set for 4/13/2021 at 01:30 PM in Ctrm 306 (Tyler) before District Judge J. Campbell Barker. Ordered by District Judge J. Campbell Barker on 3/29/2021. (ndc)
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MINUTE ORDER Resetting Hearing on #21 MOTION for Preliminary Injunction. Motion Hearing set for 4/7/2021 at 01:30 PM in Ctrm 306 (Tyler) before District Judge J. Campbell Barker. Each side will have 90 minutes to present any argument or testimony. Ordered by District Judge J. Campbell Barker on 3/25/2021. (ndc)
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Filing 32
ORDER granting #28 Motion for Leave to File a second amended complaint. Signed by District Judge J. Campbell Barker on 3/22/2021. (ndc)
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| Filing 31 REPLY to Response to Motion re #20 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association, Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of Benchmark 2020-B17 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-B17. (Chauvin, Christopher) |
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Filing 30
ORDER Setting Hearing on Motion #21 MOTION for Preliminary Injunction. Motion Hearing set for 4/19/2021 at 01:30 PM in Ctrm 306 (Tyler) before District Judge J. Campbell Barker. Each side will have 90 minutes to present any argument and testimony. The temporary restraining order will be extended until April 31, 2021. Signed by District Judge J. Campbell Barker on 3/19/2021. (ndc)
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| Filing 29 Unopposed MOTION to Continue March 22, 2021 Preliminary Injunction Hearing by Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association, Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of Benchmark 2020-B17 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-B17. (Attachments: #1 Text of Proposed Order)(Chauvin, Christopher) |
| Filing 28 MOTION for Leave to File Amended Complaint by Woods Agave LLC. (Attachments: #1 Text of Proposed Order)(Strong, Seven) |
| AMENDED NOTICE of Hearing on Motion #21 MOTION for Preliminary Injunction: Motion Hearing set for 3/22/2021 at 09:00 AM in Ctrm 306 (Tyler) before District Judge J. Campbell Barker. The hearing will now proceed in person. (ndc) |
| Filing 27 RESPONSE to Motion re #20 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Woods Agave LLC. (Strong, Seven) (Additional attachment(s) added on 4/7/2021: #1 Text of Proposed Order) (gsg, ). |
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Filing 26
ORDER Setting Hearing on #21 MOTION for Preliminary Injunction: Motion Hearing set for 3/22/2021 at 09:00 AM by telephone before District Judge J. Campbell Barker. The court's telephone number is (877) 336-1839. Access code: 3637904. Participants should use a landline phone connection. Signed by District Judge J. Campbell Barker on 3/3/2021. (ndc)
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| Filing 25 RESPONSE in Opposition re #21 MOTION for Preliminary Injunction filed by Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association, Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of Benchmark 2020-B17 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-B17. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Text of Proposed Order)(Chauvin, Christopher) |
| Filing 24 Second MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss Plaintiff's First Amended Complaint by Woods Agave LLC. (Attachments: #1 Text of Proposed Order)(Strong, Seven) |
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MINUTE ORDER granting #24 plaintiff's second motion for extension of time to file response to defendants' motion to dismiss. Plaintiff's deadline to respond is 3/12/2021. Ordered by District Judge J. Campbell Barker on 3/2/2021. (ndc)
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MINUTE ORDER granting #23 plaintiff's unopposed motion for extension of time to file response to defendants' motion to dismiss. Plaintiff's deadline to respond is March 5, 2021. Ordered by District Judge J. Campbell Barker on 2/25/2021. (ndc)
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| Filing 23 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss Plaintiff's First Amended Complaint by Woods Agave LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Strong, Seven) |
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Filing 22
ORDER extending the 188th District Court of Gregg County's temporary restraining order until March 31, 2021. Signed by District Judge J. Campbell Barker on 2/18/2021. (ndc)
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| Filing 21 MOTION for Preliminary Injunction by Woods Agave LLC. (Attachments: #1 Exhibit Exh 1 part 1, #2 Exhibit Exh 1 part 2, #3 Exhibit Exh 1 part 3, #4 Exhibit Exh 2, #5 Exhibit Exh 3)(Strong, Seven) |
| Filing 20 MOTION to Dismiss Plaintiff's First Amended Complaint by Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association, Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of Benchmark 2020-B17 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-B17. (Chauvin, Christopher) (Additional attachment(s) added on 2/11/2021: #1 Text of Proposed Order) (gsg, ). |
| Filing 19 SUMMONS Issued as to Wells Fargo Bank, National Association, as Trustee for the Benefit of the Registered Holders of Benchmark 2020-B17 Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2020-B17. (ndc) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Greystone Servicing Company LLC to 2/8/2021; Midland Loan Services to 2/8/2021; PNC Bank, National Association to 2/8/2021. 14 Days Granted for Deadline Extension.( gsg ) |
| Filing 18 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association.( Chauvin, Christopher) |
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Filing 17
ORDER granting #15 Motion to extend the temporary restraining order granted by the 188th District Court of Gregg County until 3/1/2021. Signed by District Judge J. Campbell Barker on 1/20/2021. (ndc)
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Filing 16
ORDER granting #13 Motion to correct party name and case caption. The parties are ordered to refer to the plaintiff by its corrected name, Woods Agave LLC, in any future document filed in this action. Signed by District Judge J. Campbell Barker on 1/20/2021. (ndc)
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| Filing 15 Agreed MOTION for Temporary Restraining Order Second Extension of Temporary Restraining Order by Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association. (Attachments: #1 Text of Proposed Order)(Chauvin, Christopher) |
| Filing 14 ***DEFICIENT FILING. SEE ENTRY #18 FOR CORRECTED FILING.*** Defendants' Unopposed First Application for Extension of Time to Answer Complaint re Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association.( Chauvin, Christopher) Modified on 1/25/2021 (gsg). |
| Filing 13 MOTION Correct Plaintiff's Name by Agave Woods LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Strong, Seven) |
| Filing 12 Additional Attachments to Main Document: #10 Amended Complaint.. (Attachments: #1 Exhibit Exh 1 part 1, #2 Exhibit Exh 1 part 2, #3 Exhibit Exh 1 part 3, #4 Exhibit Exh 2, #5 Exhibit Exh 3, #6 Exhibit Exh 4)(Strong, Seven) |
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Filing 11
ORDER denying without prejudice as moot #9 MOTION to Dismiss Plaintiff's Complaint (Dkt. No. 2). Signed by District Judge J. Campbell Barker on 1/13/2021. (ndc)
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| Filing 10 AMENDED COMPLAINT against Agave Woods LLC, filed by Agave Woods LLC.(Strong, Seven) |
| Filing 9 MOTION to Dismiss Plaintiff's Complaint (Dkt. No. 2) and Memorandum of Law in Support by Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association. (Chauvin, Christopher) (Additional attachment(s) added on 1/13/2021: #1 Text of Proposed Order) (gsg, ). |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Greystone Servicing Company LLC (Chauvin, Christopher) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Agave Woods LLC (Strong, Seven) |
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Filing 6
ORDER granting #3 Motion for TRO. The temporary restraining order granted by the 188th District Court of Gregg County is extended until 2/15/2021. Signed by District Judge J. Campbell Barker on 12/30/2020. (ndc)
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| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Midland Loan Services, PNC Bank, National Association identifying Corporate Parent PNC Financial Service Group, Inc. for Midland Loan Services, PNC Bank, National Association. (Chauvin, Christopher) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Agave Woods LLC (Strong, Seven) |
| Filing 3 Agreed MOTION for Temporary Restraining Order by Midland Loan Services. (Attachments: #1 Text of Proposed Order Agreed Order)(Chauvin, Christopher) |
| 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. (mll, ) |
| MINUTE ORDER adopting in this case Judge Barker's standing orders, which may be obtained from his court-website page. Noncompliance with those standing orders may result in a sanction or other disadvantage. (mll, ) |
| Filing 2 COMPLAINT against 113 Magnolia Lane LLC, Greystone Servicing Company LLC, Midland Loan Services, PNC Bank, National Association, filed by Agave Woods LLC. (Filed in state court as "Plaintiff's Application for Temporary Restraining Order and Original Petition")(mll, ) |
| District Judge J. Campbell Barker added. (mll, ) |
| Filing 1 NOTICE OF REMOVAL by PNC Bank, National Association, Midland Loan Services, a Division of PNC Bank from 188th Judicial District, Gregg County, Texas, case number 2020-2298-A. (Filing fee $ 402 receipt number 0540-8170345), filed by PNC Bank, National Association, Midland Loan Services, a Division of PNC Bank. (Attachments: #1 Exhibit 1 - Loan Agreement, #2 Exhibit 2 - Note, #3 Exhibit 3 - DOT and ALR (Recorded), #4 Exhibit 4 - Assignments, #5 Exhibit 5 - Borrower's Petition and Supplement to Petition, #6 Exhibit 6 - Signed TRO, #7 Exhibit 7 - Borrower Citizenship Documents, #8 Exhibit 8 - Original Lender's Consent to Removal, #9 Exhibit 9 - Magnolia Citizenship Documents, #10 Exhibit 10 - Docket Report, #11 Civil Cover Sheet)(Chauvin, Christopher) |
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