Ashford Hospitality Finance, LP v. Wachovia Bank, NA
| Ashford Hospitality Finance LP |
| Wachovia Bank NA |
| 3:2009cv01240 |
| July 1, 2009 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sidney A Fitzwater |
| Contract: Other Contract |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2010. A more recent docket listing may be available from PACER.
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Filing 30
MEMORANDUM OPINION AND ORDER granting #9 Motion to Remand. Ashford's August 6, 2009 motion to remand is granted because Wachovia has failed to prove by a preponderance of the evidence that the court has subject matter jurisdiction based on diversity of citizenship. Accordingly, this action is remanded to the 298th Judicial District Court of Dallas County, Texas. The clerk shall effect the remand in accordance with the usual procedure. (Ordered by Chief Judge Sidney A Fitzwater on 3/18/2010) (Chief Judge Sidney A Fitzwater)
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| ***Civil Case Terminated per #30. (svc) |
| NOTICE that the MEMORANDUM OPINION AND ORDER granting #9 Motion to Remand mailed to 298th DC Dallas Co. (svc) |
| Filing 29 REPLY filed by Ashford Hospitality Finance LP re: #9 MOTION to Remand (Charest, Daniel) |
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Filing 28
ELECTRONIC ORDER granting #26 Motion for Leave to File. Defendant Wachovia Bank, N.A.'s #27 Second Supplemental Response and Brief in Opposition to Ashford's Motion to Remand is deemed properly filed. Plaintiff may file a final reply brief in support of its motion to remand #9 no later than February 23, 2010. (Ordered by Chief Judge Sidney A Fitzwater on 2/9/2010) (Chief Judge Sidney A Fitzwater)
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| Filing 27 RESPONSE filed by Wachovia Bank NA re: #9 MOTION to Remand (Attachments: #1 Exhibit A-J, #2 Exhibit K - Z) (Dawson, Alistair) |
| Filing 26 Unopposed MOTION for Leave to File to Supplement the Record on the Court's Subject Matter Jurisdiction filed by Wachovia Bank NA (Dawson, Alistair) |
| Filing 25 Letter Agreement re: #20 Interim MOTION to Compel Proper Interrogatory Responses filed by Wachovia Bank NA (Dawson, Alistair) |
| Filing 24 MOTION for Leave to File Sur-Reply on Wachovia's Motion to Compel filed by Ashford Hospitality Finance LP with Brief/Memorandum in Support. (Attachments: #1 Exhibit Exhibit A: Sur-Reply on Wachovia's Motion to Compel, #2 Text of Proposed Order Exhibit B: Proposed Order) (Charest, Daniel) |
| Filing 23 REPLY filed by Wachovia Bank NA re: #20 Interim MOTION to Compel Proper Interrogatory Responses (Dawson, Alistair) |
| Filing 22 RESPONSE filed by Ashford Hospitality Finance LP re: #20 Interim MOTION to Compel Proper Interrogatory Responses (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Shackelford, Stephen) |
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Filing 21
ORDER AND ORDER OF REFERENCE referring all procedural motions hereafter filed by a party who supports or opposes the referred motion, and that relate to the United States Magistrate Judge's resolution of the referred motion. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 1/5/2010) (mfw)
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| Filing 20 Interim MOTION to Compel Proper Interrogatory Responses filed by Wachovia Bank NA (Dawson, Alistair) |
| Filing 19 Sur-reply filed by Wachovia Bank NA re: #9 MOTION to Remand (Dawson, Alistair) |
| Filing 18 REPLY filed by Ashford Hospitality Finance LP re: #16 Response/Objection (Charest, Daniel) |
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Filing 17
ELECTRONIC ORDER: In a letter to the court, counsel for Wachovia Bank NA has explained why the response #16 due December 7, 2009 was not filed until December 8, 2009 because of problems with the court's CM/ECF system. Accordingly, the court finds cause for the timing of the filing and deems the response to be timely filed. (Ordered by Chief Judge Sidney A Fitzwater on 12/8/2009) (Chief Judge Sidney A Fitzwater)
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| Filing 16 RESPONSE filed by Wachovia Bank NA re: #9 MOTION to Remand (Attachments: #1 Exhibit A, #2 Exhibit B-B13, #3 B14 part 1, #4 Exhibit B14 part 2, #5 Exhibit B14 part 3, #6 Exhibit B15-17, #7 Exhibit C) (Dawson, Alistair) |
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Filing 15
ORDER granting #11 Wachovia Bank, N.A.'s Motion to Defer Ruling and for Jurisdictional Discovery. Wachovia must complete the requested discovery and file a supplemental response and brief to plaintiffs motion to remand no later than December 7, 2009. Plaintiff may file a supplemental reply brief in support of its motion to remand no later than December 21, 2009. (Ordered by Chief Judge Sidney A Fitzwater on 10/21/09) (Chief Judge Sidney A Fitzwater)
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| Set/Reset Deadlines per Order (doc 15) as to #9 Motion to Remand. Responses due by 12/7/2009. Replies due by 12/21/2009. (axm) |
| Filing 14 Wachovia Bank, N.A.'s REPLY in Support re: MOTION for Discovery filed by Wachovia Bank NA (Attachments: #1 Exhibit A, #2 Exhibit A (continuation)) (Dawson, Alistair) |
| Filing 13 RESPONSE and Brief in Opposition filed by Ashford Hospitality Finance LP to Opposition to MOTION to Defer Ruling and for Jurisdictional Discovery (Attachments: #1 Exhibit A: Answer and Objections to Interrogatory) (Charest, Daniel) Modified on 9/16/2009 (skt). |
| Filing 12 REPLY Brief in Support of re: #9 MOTION to Remand filed by Ashford Hospitality Finance LP (Shackelford, Stephen) |
| MOTION to Defer Ruling and for Jurisdictional Discovery filed by Wachovia Bank NA. (see doc. 11 for image) (klm) |
| Filing 11 RESPONSE and Brief in Opposition filed by Wachovia Bank NA to #9 MOTION to Remand, Supplement to its Amended Notice of Removal, and Motion to Defer Ruling and for Jurisdictional Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Tab 1-20, part 1 of 9, #6 Tab 1-20, part 2 of 9, #7 Tab 1-20, part 3 of 9, #8 Tab 1-20, part 4 of 9, #9 Tab 1-20, part 5 of 9, #10 Tab 1-20, part 6 of 9, #11 Tab 1-20, part 7 of 9, #12 Tab 1-20, part 8 of 9, #13 Tab 1-20, part 9 of 9, #14 Tab 21-44, part 1 of 8, #15 Tab 21-44, part 2 of 8, #16 Tab 21-44, part 3 of 8, #17 Tab 21-44, part 4 of 8, #18 Tab 21-44, part 5 of 8, #19 Tab 21-44, part 6 of 8, #20 Tab 21-44, part 7 of 8, #21 Tab 21-44, part 8 of 8, #22 Tab 44 continued, part 1 of 10, #23 Tab 44 continued, part 2 of 10, #24 Tab 44 continued, part 3 of 10, #25 Tab 44 continued, part 4 of 10, #26 Tab 44 continued, part 5 of 10, #27 Tab 44 continued, part 6 of 10, #28 Tab 44 continued, part 7 of 10, #29 Tab 44 continued, part 8 of 10, #30 Tab 44 continued, part 9 of 10, #31 Tab 44 continued, part 10 of 10, #32 Tab 45-61, part 1 of 6, #33 Tab 45-61, part 2 of 6, #34 Tab 45-61, part 3 of 6, #35 Tab 45-61, part 4 of 6, #36 Tab 45-61, part 5 of 6, #37 Tab 45-61, part 6 of 6, #38 Tab 62-95, part 1 of 6, #39 Tab 62-95, part 2 of 6, #40 Tab 62-95, part 3 of 6, #41 Tab 62-95, part 4 of 6, #42 Tab 62-95, part 5 of 6, #43 Tab 62-95, part 6 of 6, #44 Exhibit E) (Dawson, Alistair) Modified on 8/27/2009 (skt). |
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Filing 10
ORDER granting #8 Joint MOTION for Leave to File For Leave to Allow Defendant to Proceed Without Local Counsel. (Ordered by Chief Judge Sidney A Fitzwater on 08/10/09) (lmp)
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| Filing 9 MOTION to Remand filed by Ashford Hospitality Finance LP with Brief/Memorandum in Support. (Attachments: #1 Memorandum in Support of Motion to Remand, #2 Exhibit A -- Exhibit to Memorandum in Support of Motion to Remand, #3 Text of Proposed Order) (Charest, Daniel) |
| Filing 8 Joint MOTION for Leave to File For Leave to Allow Defendant to Proceed Without Local Counsel filed by Ashford Hospitality Finance LP, Wachovia Bank NA (Attachments: #1 Text of Proposed Order Proposed Order) (Dawson, Alistair) |
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Filing 7
ORDER: Court hereby orders that Ashford may file a motion to remand within twenty days after Wachovia files its amended Notice of Removal. The Court notes that, by stipulation and agreement, Wachovia has waived all arguments that Ashford's motion to remand is untimely provided that Ashford files such remand motion within twenty days after Wachovia files its amended Notice of Removal. In all respects, the Courts order of July 14, 2009, remains unaltered and in place. See Order (Ordered by Chief Judge Sidney A Fitzwater on 8/3/09) (svc)
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| Filing 6 Amended NOTICE OF REMOVAL filed by Wachovia Bank NA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part 1, #5 Exhibit D, Part 2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Dawson, Alistair) Modified on 8/3/2009 (tln). |
| Filing 5 Joint STIPULATION Regarding Removal and Remand by Ashford Hospitality Finance LP, Wachovia Bank NA. (Attachments: #1 Text of Proposed Order) (Charest, Daniel) Modified on 8/3/2009 (tln). |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ashford Hospitality Finance LP identifying Corporate Parent/Other Affiliate Ashford Hospitality Trust, Inc. for Ashford Hospitality Finance LP. (Charest, Daniel) |
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Filing 3
ORDER: Accordingly, no later than 20 days from the date of this order, Wachovia must file an amended notice of removal that alleges diversity of citizenship, in conformity with 28 U.S.C. 1332, by pleading the citizenship of all of Ashford's limited partners; otherwise, this action will be remanded to state court. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 07/14/09) (lmp)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wachovia Bank, NA identifying Corporate Parent/Other Affiliate Wachovia Corporation, Corporate Parent/Other Affiliate Wells Fargo & Company for Wachovia Bank, NA. (Dawson, Alistair) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 298th Judicial District Court of Dallas County, case number 09-06958 filed by Wachovia Bank NA. (Filing fee $350; receipt number 05390000000002794135) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C part 1, #4 Exhibit C part 2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Dawson, Alistair) |
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