Cestaro v. First State Bank of Spearman, TX
Plaintiff: STEVEN CESTARO
Defendant: First State Bank of Spearman, TX
Case Number: 2:2023cv00067
Filed: April 18, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: Matthew J Kacsmaryk
Referring Judge: Lee Ann Reno
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2023 Opinion or Order Filing 28 ORDER granting #11 Motion to Dismiss for Lack of Jurisdiction. The Court GRANTS the Motion and ORDERS that this case be dismissed for lack of subject matter jurisdiction. (Ordered by Judge Matthew J. Kacsmaryk on 6/13/2023) (awc)
June 9, 2023 Filing 27 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First State Bank of Spearman, TX. (Clerk QC note: Affiliate entry indicated). (Lovell, John)
June 7, 2023 Filing 26 MOTION for Hearing re #11 MOTION to Dismiss for Lack of Jurisdiction FRCP 12(B)(7) filed by First State Bank of Spearman, TX (Lovell, John)
June 7, 2023 Filing 25 MOTION for a Hearing re #13 MOTION for Preliminary Injunction filed by Steven Cestaro (Attachments: #1 Proposed Order) (Ogren, Jeffrey) Modified text on 6/8/2023 (daa).
May 25, 2023 Filing 24 Brief/Memorandum in Support filed by First State Bank of Spearman, TX re #23 Response/Objection to Plaintiff's Motion for Preliminary Injunction (Lovell, John)
May 25, 2023 Filing 23 RESPONSE filed by First State Bank of Spearman, TX re: #13 MOTION for Injunction (Lovell, John)
May 24, 2023 Filing 22 ANSWER to #17 Amended Complaint,, filed by First State Bank of Spearman, TX. 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. (Lovell, John)
May 19, 2023 Filing 21 REPLY filed by First State Bank of Spearman, TX re: #11 FRCP 12(B)(7) MOTION to Dismiss for Lack of Jurisdiction (Lovell, John) Modified document linkage on 5/22/2023 (daa).
May 11, 2023 Filing 20 RESPONSE filed by Steven Cestaro re: #11 MOTION to Dismiss for Lack of Jurisdiction FRCP 12(B)(7) (Bochetto, George) Modified title on 5/22/2023 (daa).
May 10, 2023 Opinion or Order Filing 19 ORDER TO SUBMIT JOINT PROPOSED SCHEDULING ORDER AND SETTING RULE 16 SCHEDULING CONFERENCE: Rule 26(f) Conference due by 6/13/2023. Joint Proposed Scheduling Order due by 6/20/2023. Rule 16 Scheduling Conference set for 6/22/2023 09:45 AM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. (Ordered by Magistrate Judge Lee Ann Reno on 5/10/2023) (mcrd) (Main Document 19 replaced on 5/11/2023) (mcrd).
May 10, 2023 Opinion or Order Filing 18 STANDING ORDERS: This case is subject to the following standing orders, which concern: (1) compliance with the local counsel requirements of the Northern District of Texas; (2) required procedures for any discovery disputes that may arise in this case; and (3) required procedures for any motions for leave to file documents under seal. (Ordered by Magistrate Judge Lee Ann Reno on 5/10/2023) (mcrd)
May 10, 2023 Filing 17 AMENDED COMPLAINT against All Defendants filed by Steven Cestaro. 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 Exhibit(s) A through U) (Bochetto, George)
May 9, 2023 Opinion or Order Filing 16 STANDING ORDER OF REFERENCE: This action is hereby REFERRED to U.S. Magistrate Judge Reno for pretrial management. (Ordered by Judge Matthew J. Kacsmaryk on 5/9/2023) (awc)
May 4, 2023 Filing 15 Brief/Memorandum in Support filed by Steven Cestaro re #13 MOTION for Injunction (Bochetto, George)
May 4, 2023 Filing 14 Appendix in Support filed by Steven Cestaro re #13 MOTION for Injunction (Bochetto, George)
May 4, 2023 Filing 13 MOTION for Injunction filed by Steven Cestaro (Attachments: #1 Proposed Order) (Bochetto, George)
April 27, 2023 Filing 12 Brief/Memorandum in Support filed by First State Bank of Spearman, TX re #11 MOTION to Dismiss for Lack of Jurisdiction FRCP 12(B)(7) (Lovell, John)
April 27, 2023 Filing 11 MOTION to Dismiss for Lack of Jurisdiction FRCP 12(B)(7) filed by First State Bank of Spearman, TX Attorney John Hunt Lovell added to party First State Bank of Spearman, TX(pty:dft) (Lovell, John)
April 26, 2023 ***Clerk's Notice of delivery: (see NEF for details) Docket No:9,10. Wed Apr 26 08:33:40 CDT 2023 (crt)
April 25, 2023 Opinion or Order Filing 10 ORDER granting #6 Application for Admission Pro Hac Vice of Jeffrey W. Ogren. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 4/25/2023) (awc)
April 25, 2023 Opinion or Order Filing 9 ORDER granting #7 Application for Admission Pro Hac Vice of George Bochetto. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 4/25/2023) (awc)
April 24, 2023 Filing 8 SUMMONS Returned Executed as to First State Bank of Spearman, TX; served on 4/21/2023. (Riney, Thomas) Modified text as to party served on 4/25/2023 (awc).
April 20, 2023 Filing 7 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney G. Alexander Bochetto (Filing fee $100; Receipt number ATXNDC-13682858) filed by Steven Cestaro (Riney, Thomas)
April 20, 2023 Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffrey William Ogren (Filing fee $100; Receipt number ATXNDC-13682833) filed by Steven Cestaro (Riney, Thomas)
April 20, 2023 Filing 5 Summons Issued as to First State Bank of Spearman, TX. (awc)
April 20, 2023 Filing 4 Request for Clerk to issue Summons filed by Steven Cestaro. (Mayfield, Mitzi)
April 19, 2023 Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc)
April 18, 2023 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by STEVEN CESTARO. (Clerk QC note: No affiliate entered in ECF). (Riney, Thomas) (Main Document 2 replaced with flattened document on 4/19/2023) (awc).
April 18, 2023 Filing 1 COMPLAINT against First State Bank of Spearman, TX filed by STEVEN CESTARO. (Filing fee $402; Receipt number ATXNDC-13671783) Summons(es) not requested at this time. 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 Cover Sheet) (Riney, Thomas) (Attachment 1 replaced with flattened document on 4/19/2023) (awc).

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Plaintiff: STEVEN CESTARO
Represented By: Thomas C Riney
Represented By: W Heath Hendricks
Represented By: George Bochetto
Represented By: Jeffrey W Ogren
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Defendant: First State Bank of Spearman, TX
Represented By: John Hunt Lovell
Represented By: Matthew Scott Merriott
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