Hanna et al v. Malhotra
Plaintiff: Hanna Law Firm, P.C., Jon Hanna and Hanna Law Firm PC
Defendant: Rahul Malhotra
Case Number: 1:2021cv00074
Filed: April 16, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: James Wesley Hendrix
Nature of Suit: Torts/Pers Prop: Other Personal Property Damage
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2021 Opinion or Order Filing 31 ORDER DENYING MOTION FOR PRELIMINARY INJUCTION AS MOOT AND VACATING HEARING.The parties have notified the Court that they have reached a partial settlement that resolves the issues raised by the plaintiffs' Application for a Preliminary Injunction and that a preliminary-injunction hearing is not necessary. Thus, the Court denies the plaintiffs' Application for a Preliminary Injunction #8 , as moot and vacates the preliminary injunction hearing set for June 15, 2021. The Clerk of Court is directed to terminate the plaintiffs' Application for a Preliminary Injunction. (Ordered by Judge James Wesley Hendrix on 6/14/2021) (amg)
June 2, 2021 Filing 30 AMENDED COMPLAINT WITH JURY DEMAND for Declaratory Judgment, Temporary Restraining Order and Injunctive Relief against All Plaintiffs filed by Jon Hanna, Hanna Law Firm PC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Tobey, Robert)
June 2, 2021 Filing 29 ANSWER to Counterclaim filed by Jon Hanna, Hanna Law Firm PC. Related document: #28 Answer to Complaint,,, Counterclaim,, (Tobey, Robert)
May 13, 2021 Filing 28 DEFENDANTS ORIGINAL ANSWER to #1 Complaint with Jury Demand filed by Rahul Malhotra. 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., COUNTERCLAIM against All Plaintiffs filed by Rahul Malhotra (Espey, Richard)
May 6, 2021 Opinion or Order Filing 27 ORDER RESETTING PRELIMINARY INJUNCTION HEARING. The parties have notified the Court that they have reached an interim agreement that temporarily resolves the issues raised by the Plaintiffs' Application for a Preliminary Injunction #26 . Accordingly, they request the Court to reset the preliminary injunction hearing to a date between June 10, 2021 and July 5, 2021. The Court grants the request. The preliminary injunction hearing set for May 7, 2021 is vacated. The Court further orders that the Preliminary Injunction Hearing is RESET for 6/15/2021 at 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 5/6/2021) (amg) .
May 5, 2021 Filing 26 Joint STATUS REPORT Regarding Hearing on Plaintiffs Application for Preliminary Injunction filed by Jon Hanna, Hanna Law Firm PC. (Tobey, Robert)
May 5, 2021 Filing 25 Witness List by Jon Hanna, Hanna Law Firm PC. (amg)
May 5, 2021 Filing 24 Exhibit List by Jon Hanna, Hanna Law Firm PC. (amg)
May 5, 2021 Opinion or Order Filing 23 ORDER GRANTING PLAINTIFF's MOTION FOR LEAVE to File Out of Time Witness and Exhibit Lists #21 . Before the Court is the plaintiffs' Motion for Leave to File Out of Time Witness and Exhibit Lists. The Court grants the motion. The Clerk of Court is directed to file the plaintiffs' Witness List and Exhibit List, which are attached to its motion for leave as Dkt. Nos. 2l-7 and 27-2, in the official record of this case. (Ordered by Judge James Wesley Hendrix on 5/5/2021) (amg)
May 5, 2021 Filing 22 RESPONSE AND OBJECTION filed by Rahul Malhotra re: #21 MOTION for Leave to File OUT OF TIME WITNESS AND EXHIBIT LISTS AND SUPPORTING BRIEF (Espey, Richard)
May 4, 2021 Filing 21 MOTION for Leave to File OUT OF TIME WITNESS AND EXHIBIT LISTS AND SUPPORTING BRIEF filed by Jon Hanna, Hanna Law Firm PC with Brief/Memorandum in Support. (Attachments: #1 Plaintiffs' Witness List, #2 Plaintiffs' Exhibit List) (Tobey, Robert)
May 3, 2021 Filing 20 REPLY filed by Jon Hanna, Hanna Law Firm PC re: #8 MOTION for a Preliminary Injunction (Tobey, Robert)
May 3, 2021 Opinion or Order Filing 19 NOTICE OF DEFICIENCY. In its order setting a hearing for the plaintiffs' application for a preliminary injunction, the Court ordered the parties to file a witness list and an exhibit list-and to deliver a set of marked exhibits to the Lubbock Division's Clerk's Office-by April 30, 2021 #12 . The plaintiffs have not filed an exhibit list or a witness list, and they have not delivered a set of marked exhibits. Accordingly, the Court orders the plaintiffs to file a motion for leave to file their out-of-time list of witnesses who may be called in their cases in chief and list of exhibits, including demonstrative exhibits, by May 4, 2021 at 5:00 p.m. The exhibit and witness lists shall be attached to the motion for leave. Additionally, the Court orders the plaintiffs to deliver a set of marked exhibits that they intend to offer at the preliminary-injunction hearing to the Lubbock Division's Clerk's Office, marked to the attention of Judge Hendrix's chambers, by May 4, 2021 at 5:00 p.m. (Ordered by Judge James Wesley Hendrix on 5/3/2021) (amg) .
April 30, 2021 Filing 18 Witness List by Rahul Malhotra. (Espey, Richard)
April 30, 2021 Filing 17 Exhibit List by Rahul Malhotra. (Espey, Richard)
April 28, 2021 Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rahul Malhotra. (Espey, Richard)
April 28, 2021 Filing 15 Defendant's Response and Brief in Opposition to Plaintiffs' Application for Preliminary Injunction filed by Rahul Malhotra , re #8 MOTION for a Preliminary Injunction (Attachments: #1 Exhibit(s) Appendix) (Espey, Richard) Modified on 4/29/2021: Docket text modified per request of Defendant's counsel, Johnathan N. Darnell (email dated 04/29/2021) (jak).
April 23, 2021 Filing 14 STATUS REPORT TO THE COURT ON SERVICE OF PROCESS AND PROOF OF SERVICE OF COURT ORDERS (Dkt. Nos. 11 and 12) filed by Jon Hanna, Hanna Law Firm PC. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Tobey, Robert)
April 22, 2021 Filing 13 SUMMONS Returned Executed as to Rahul Malhotra ; served on 4/22/2021. (Tobey, Robert)
April 21, 2021 Opinion or Order Filing 12 ORDER. Before the Court is Plaintiffs' Application for Preliminary Injunction #8 . To facilitate quick resolution of the application, the Court orders the defendant to file a response to the application by April 28, 2021. The Court further orders that the plaintiffs' reply is due by May 3, 2021. Additionally, the Court orders that a hearing on the application is set for 5/7/2021 at 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. Federal Rule of Civil Procedure 65(a)(1) states that a "court may issue a preliminary injunction only on notice to the adverse party." And Federal Rule of Civil Procedure 6(cX1) requires that "[a] written motion and notice of the hearing must be served at least 14 days before the time specified for the hearing. " To ensure that the defendant receives the notice that he is entitled to under the Federal Rules of Civil Procedure, the Court orders the plaintiffs to serve this order on the defendant and file proof of service by April 23, 2021. See Order for additional deadlines and instructions. (Ordered by Judge James Wesley Hendrix on 4/21/2021) (amg)
April 21, 2021 Opinion or Order Filing 11 ORDER. Before the Court is Plaintiffs' Application for Preliminary Injunction #8 . The Court notes that the defendant has not made an appearance in this case and that the plaintiffs have not filed proof that the defendant has been served with the complaint - such as an executed summons. The Court enters this order to confirm proper service and to ensure the defendant's opportunity to respond to the application. Accordingly, if they have not already done so, the Court orders the plaintiffs to serve their application, Dkt. No. 8, brief, Dkt. No. 9, and appendix, Dkt. No. 10, on the defendant by April 23, 2021. The Court also orders the plaintiffs to file proof that they have served the application, brief and appendix by April 23, 2021. Finally, the Court orders the plaintiffs to report as to the status of the service of the summons by April 23, 2021. (Ordered by Judge James Wesley Hendrix on 4/21/2021) (amg)
April 20, 2021 Filing 10 Appendix in Support filed by Jon Hanna, Hanna Law Firm, P.C. re #8 MOTION for Injunction (Tobey, Robert)
April 20, 2021 Filing 9 Brief/Memorandum in Support filed by Jon Hanna, Hanna Law Firm, P.C. re #8 MOTION for Injunction (Tobey, Robert)
April 20, 2021 Filing 8 MOTION for a Preliminary Injunction filed by Jon Hanna, Hanna Law Firm PC. (Tobey, Robert) Docket text modified on 4/20/2021 (twd). (Additional attachment(s) added on 4/20/2021: #1 Proposed Order) (jak).
April 16, 2021 Opinion or Order Filing 7 ORDER. Before the Court is Plaintiffs' Original Complaint for Declaratory Judgment, Temporary Restraining Order, and Injunctive Relief #1 . Relevant here, the plaintiffs "request a tempora1y restraining order immediately restraining Malhotra...from using [a] telephone number." The Court construes this as a request for an emergency temporary restraining order to issue without prior notice to the defendant. The Court denies the motion without prejudice because the plaintiffs have failed to satisfy the prerequisites for such an order. The denial of the TRO application does not suggest a view on the merits of the plaintiffs' pending preliminary-injunction application.To facilitate resolution of the application, the Court orders the plaintiffs to file a separate motion for a preliminary injunction and brief in support. The Court will either set the motion for a hearing or resolve the motion once briefing is complete. If they believe good cause exists, the plaintiffs may move for expedited briefing. (Ordered by Judge James Wesley Hendrix on 4/16/2021) (amg)
April 16, 2021 Filing 6 ADDITIONAL ATTACHMENTS to #1 Complaint, Exhibit E by Plaintiff Jon Hanna. Thumb drive received from Plaintiff, Federal Express (Tracking No. 7734 7013 1910) to JWH chambers. (amg)
April 16, 2021 Filing 5 Summons Issued as to Rahul Malhotra. (amg)
April 16, 2021 Filing 4 New Case Notes: A filing fee has been paid. (amg)
April 16, 2021 Filing 3 Supplemental Document by Jon Hanna, Hanna Law Firm, P.C. as to #1 Complaint,,,, Civil Cover Sheet. (Tobey, Robert)
April 16, 2021 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jon Hanna, Hanna Law Firm, P.C.. (Tobey, Robert)
April 16, 2021 Filing 1 COMPLAINT WITH JURY DEMAND against Rahul Malhotra filed by Jon Hanna, Hanna Law Firm, P.C.. (Filing fee $402; receipt number 0539-11804706) Clerk to issue summons(es). 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, instructions, and exemption information may be 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 Affidavit(s), #2 Proposed Order) (Tobey, Robert) Modified to add receipt number on 4/16/2021 (amg).

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Plaintiff: Hanna Law Firm, P.C.
Represented By: Robert L Tobey
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Plaintiff: Jon Hanna
Represented By: Robert L Tobey
Represented By: Coyt Randal Johnston, Jr
Represented By: Charles E Baruch
Represented By: C Randal Johnston
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Plaintiff: Hanna Law Firm PC
Represented By: Robert L Tobey
Represented By: Coyt Randal Johnston, Jr
Represented By: Charles E Baruch
Represented By: C Randal Johnston
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Defendant: Rahul Malhotra
Represented By: Richard W Espey
Represented By: Russell Henry Lorfing
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