Smallwood et al v. Willow Way LLC et al
| Ernest C Smallwood, Jr and Eartha Y Smallwood |
| Willow Way LLC and Bank of America NA |
| 3:2019cv01708 |
| July 17, 2019 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| David L Horan |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 31 REPLY filed by Willow Way LLC re: #7 Motion to Dismiss for Failure to State a Claim (Wheatley, Scott) |
Filing 30
ORDER denying #27 MOTION to Preempt Justice of the Peace Eviction Proceedings. This action remains referred to United States Magistrate Judge David L. Horan for pretrial management under 28 U.S.C. 636(b). (Ordered by Judge Jane J. Boyle on 8/28/2019) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Wed Aug 28 16:05:33 CDT 2019 (crt) |
| Filing 29 Appendix in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #27 MOTION to Preempt Justice of the Peace Eviction Proceedings (ykp) |
| Filing 28 Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #27 MOTION to Preempt Justice of the Peace Eviction Proceedings (ykp) |
| Filing 27 MOTION to Preempt Justice of the Peace Eviction Proceedings filed by Eartha Y Smallwood, Ernest C Smallwood, Jr (ykp) (Additional attachment(s) added on 8/27/2019: #1 Proposed Order) (ykp). |
| Filing 26 Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #25 Response/Objection. (ndt) |
| Filing 25 RESPONSE filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re: #10 MOTION to Dismiss . (ndt) |
| Filing 24 NOTICE of Attorney Appearance by Scott A Wheatley on behalf of Willow Way LLC. (Filer confirms contact info in ECF is current.) (Wheatley, Scott) |
| Filing 23 Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #21 Response/Objection. (mla) |
| Filing 22 Appendix in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #21 Response/Objection. (mla) |
| Filing 21 RESPONSE filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re: #7 Motion to Dismiss for Failure to State a Claim. (mla) |
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Filing 20
ELECTRONIC ORDER denying without prejudice Defendants' request to order that all depositions be held at the courthouse, subject to Defendants' renewing this request as to any deposition for which they can show good cause for such a requirement. (Ordered by Magistrate Judge David L. Horan on 8/16/2019.)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. NEF Fri Aug 16 15:38:09 CDT 2019 (crt) |
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Filing 19
INITIAL SCHEDULING ORDER: Joinder of Parties due by 01/15/2020. Amended Pleadings due by 01/15/2020. Discovery due by 4/30/2020. Deadline for mediation is on or before 12/31/2019. Motions due by 03/30/2020. (Ordered by Magistrate Judge David L. Horan on 8/15/2019) (chmb) Modified ordered date on 8/15/2019 (mla).
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Filing 18
STANDING ORDER ON DISCOVERY AND OTHER NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 8/15/2019) (chmb)
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| Filing 17 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Scheduling Conference held on 8/15/2019. Order to enter. Attorney Appearances: Plaintiff - Ernest C Smallwood, Jr, Eartha Y Smallwood; Defense - Matthew David Durham, Ray L Vela. (Court Reporter: Digital File) (No exhibits) Time in Court - :24. (mcrd) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:18, 19. Thu Aug 15 16:25:59 CDT 2019 (crt) |
| Filing 16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bank of America NA. (Durham, Matthew) |
| Filing 15 Joint STATUS REPORT and Proposed Scheduling Plan filed by Willow Way LLC. (Vela, Ray) |
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Filing 14
ORDER SETTING BRIEFING SCHEDULE: Defendant Bank of America, N.A. has filed a Motion to Dismiss. See Dkt. No. #10 . Plaintiffs must file a joint written response to the motion by 9/5/2019. The response must be accompanied by or incorporate a brief, and the response and the brief must not together exceed 30 pages in length, excluding any table of contents and table of authorities. Defendant Bank of America, N.A. may file a reply brief, no additional documents, by 9/20/2019. The reply must not exceed 15 pages in length. (Ordered by Magistrate Judge David L. Horan on 8/12/2019) (chmb) Modified on 8/12/2019 (mcrd).
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Filing 13
ORDER SETTING BRIEFING SCHEDULE: Defendant Willow Way LLC has filed a Motion to Dismiss. See Dkt. No. #7 . Plaintiffs must file a joint written response to the motion by 9/5/2019. The response must be accompanied by or incorporate a brief, and the response and the brief must not together exceed 30 pages in length, excluding any table of contents and table of authorities. Defendant Willow Way LLC may file a reply brief, no additional documents, by 9/20/2019. The reply must not exceed 15 pages in length. (Ordered by Magistrate Judge David L. Horan on 8/12/2019) (chmb) Modified on 8/12/2019 (mcrd).
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| Filing 12 RESPONSE filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re: #1 Notice of Removal. (epm) |
| Filing 11 Brief/Memorandum in Support filed by Bank of America NA re #10 MOTION to Dismiss (Durham, Matthew) |
| Filing 10 MOTION to Dismiss filed by Bank of America NA Attorney Matthew David Durham added to party Bank of America NA(pty:dft) (Durham, Matthew) |
| Filing 9 NOTICE of Rule 26(f) Conference filed by Eartha Y Smallwood, Ernest C Smallwood, Jr. (mla) |
| Filing 8 Brief/Memorandum in Support filed by Willow Way LLC re #7 Motion to Dismiss for Failure to State a Claim (Vela, Ray) |
| Filing 7 Motion to Dismiss for Failure to State a Claim filed by Willow Way LLC (Vela, Ray) |
| Filing 6 NOTICE of Consent to Notice of Removal filed by Willow Way LLC (Vela, Ray) |
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Filing 5
ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE: Plaintiffs Ernest C. Smallwood, Jr. and Eartha Y. Smallwood and Defendant Willow Way LLC's counsel must confer in person not later than August 2, 2019. By August 12, 2019, the parties must submit a joint written Rule 26(f) report containing a proposed discovery plan, stating the parties' views and proposals. On August 15, 2019, at 2:00 p.m., the Court will conduct a Federal Rule of Civil Procedure 16(b) pretrial scheduling conference in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 7/18/2019) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 4. Thu Jul 18 08:55:53 CDT 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Thu Jul 18 15:03:20 CDT 2019 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (zkc) |
| Case Reassigned to Magistrate Judge David L. Horan. Magistrate Judge Irma Carrillo Ramirez no longer assigned to the case. (zkc) |
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Filing 3
ORDER REFERRING CASE to Magistrate Judge David L. Horan for pretrial management. (Ordered by Judge Jane J. Boyle on 7/17/2019) (zkc)
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| Filing 2 New Case Notes: A filing fee has been paid. Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (zkc) |
| Filing 1 NOTICE OF REMOVAL from 193rd District Court, Dallas County, case number DC-19-09527 filed by Willow Way LLC. (Filing fee $400; receipt number 0539-10121597) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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 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. (Vela, Ray) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Willow Way LLC (see document #1 (page 177) for image). (zkc) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 2. Wed Jul 17 16:10:22 CDT 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 3. Wed Jul 17 16:09:00 CDT 2019 (crt) |
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