Espinoza v. Humphries
| Attorney at Law Edmundo Espinoza and Edmundo Espinoza |
| Steven Eugene Humphries, Steven H. Humphries and Steve Humphries |
| 3:2019cv01805 |
| July 29, 2019 |
| US District Court for the Northern District of Texas |
| Jane J Boyle |
| Ada Brown |
| Renee Harris Toliver |
| Contract: Other Contract |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 51 Transcript Order Form: transcript requested by Steven Eugene Humphries (Court Reporter: Nikki Barr.) Payment method: Private funds - Requester has obtained the estimate from the reporter and has paid or will pay the cost as directed. Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Sherrard, Charles) |
| Record on Appeal for USCA5 21-11202 (related to #50 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (svc) |
| USCA Case Number 21-11202 in USCA5 for #50 Notice of Appeal filed by Steven Eugene Humphries. (svc) |
| Filing 50 NOTICE OF APPEAL to the Fifth Circuit by Steven Eugene Humphries. Filing fee $505, receipt number 0539-12427557. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Sherrard, Charles) |
Filing 49
ORDER denying #41 Motion to Alter Judgment (Ordered by Judge Ada Brown on 11/4/2021) (ygl)
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Filing 48
ORDER ACCEPTING #45 FINDINGS AND RECOMMENDATION OFTHE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Ada Brown on 11/4/2021) (ygl)
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| Filing 47 Brief/Memorandum in Support filed by Steven Eugene Humphries re #46 Response/Objection (Sherrard, Charles) |
| Filing 46 OBJECTION filed by Steven Eugene Humphries(an Individual ) re: #45 Findings and Recommendations on Motion re: #41 Motion to Alter Judgment filed by Steven Eugene Humphries. (Sherrard, Charles) |
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Filing 45
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: #41 Motion to Alter Judgment. For the foregoing reasons, Defendant's 59(e) Motion to Alter or Amend, Doc. #41 , should be DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 10/18/2021) (mjr)
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| Filing 44 REPLY filed by Steven Eugene Humphries re: #43 Response/Objection (Sherrard, Charles) |
| Filing 43 OBJECTION filed by Edmundo Espinoza re: #41 MOTION to Alter Judgment (Espinoza, Edmundo) |
| Filing 42 Brief/Memorandum in Support filed by Steven Eugene Humphries re #41 MOTION to Alter Judgment (Sherrard, Charles) |
| Filing 41 MOTION to Alter Judgment filed by Steven Eugene Humphries with Brief/Memorandum in Support. (Sherrard, Charles) |
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Filing 40
JUDGMENT: It is hereby ordered, adjudged, and decreed that Plaintiff is entitled to and shall recover judgment against Defendant as follows: $107,000.00 in damages; Costs in the amount of $665.72; Prejudgment interest at the rate specified by Texas Finance Code 304.003(c)(2) as of the date this Judgment is entered; and Post judgment interest at the rate provided for in 28 U.S.C. 1961 as of the date this Judgment is entered until the Judgment is paid in full. (Ordered by Judge Ada Brown on 6/30/2021) (oyh)
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Filing 39
ORDER ACCEPTING #36 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OFTHE UNITED STATES MAGISTRATE JUDGE (Ordered by Judge Ada Brown on 6/30/2021) (oyh)
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| Filing 38 Brief/Memorandum in Support filed by Steven Eugene Humphries(an Individual ) re #37 Objection to Findings and Recommendations (Sherrard, Charles) |
| Filing 37 OBJECTION to #36 Findings and Recommendations . (Sherrard, Charles) |
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Filing 36
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's Request For Entry Of Default Judgment Against Defendant by Clerk, Doc. #31 , should be GRANTED as set forth above, and Defendant's Motion To Set Aside Clerk's Entry Of Default Under Federal Rule Of Civil Procedure 55(c), Doc. #32 , should be DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 5/21/2021) (mcrd)
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| Filing 35 NOTICE of Request for Ruling re: #33 Response/Objection filed by Edmundo Espinoza (Espinoza, Edmundo) |
| Filing 34 MOTION for Leave to File Reply to Plaintiff's Response to Defendant's Motion to Set Aside Clerk's Entry of Default filed by Steven Eugene Humphries with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Order Granting Leave, #2 Additional Page(s) Defendant's Reply to Plaintiff's Response, #3 Additional Page(s) Brief in Support of Motion for Leave to File Reply) (Sherrard, Charles) |
| Filing 33 OBJECTION filed by Edmundo Espinoza re: #32 MOTION to Set Aside Default Entered by Clerk (Attachments: #1 Declaration(s), #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4) (Espinoza, Edmundo) |
| Filing 32 MOTION to Set Aside Default Entered by Clerk filed by Steven Eugene Humphries (Attachments: #1 Affidavit(s) Defendant's Supporting Affidavit)Attorney Charles Brian Sherrard added to party Steven Eugene Humphries(pty:dft) (Sherrard, Charles) |
| Filing 31 First MOTION for Default Judgment against Steven Eugene Humphries filed by Edmundo Espinoza (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) ADDENDUM, #7 Proposed Order) (Espinoza, Edmundo) |
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Filing 30
ELECTRONIC ORDER: On January 24, 2020, the Clerk entered a default in this case. Doc. #16 . Subsequently, the Court denied Defendant's Motion to Vacate the Clerk's Entry of Default. Doc. #29 . Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, Plaintiff was required to move for a default judgment thereafter, but has not done so to date. Thus, Plaintiff is ORDERED to file a motion for default judgment, supported by the appropriate case law and documentation, no later than November 2, 2020, or this case may be dismissed for lack of prosecution. (Ordered by Magistrate Judge Renee Harris Toliver on 10/19/2020) (chmb)
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Filing 29
ORDER ACCEPTING #27 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's #17 Motion to Vacate Clerk's Entry of Default Judgment is DENIED. (Ordered by Judge Ada Brown on 9/4/2020) (mla)
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Filing 28
ELECTRONIC ORDER: Defendant's Motion for Extension of Time, Doc. #18 , is terminated as moot in light of the magistrate judge's recommendation that Defendant's Motion to Vacate Entry of Default, Doc. #27 , be denied. Should the district judge decline to accept the recommendation of the magistrate judge, Defendant may re-urge his motion. (Ordered by Magistrate Judge Renee Harris Toliver on 9/1/2020) (chmb)
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Filing 27
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's #17 Motion to Vacate Clerk's Entry of Default Judgment should be DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 8/19/2020) (ndt) Modified text on 8/20/2020 (mla).
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| Filing 26 Request for Status of Proceedings filed by Edmundo Espinoza re: #17 Motion to Vacate Clerk's Entry of Default, #18 Motion for Extension of Time to File Answer. (Espinoza, Edmundo) Modified text and linkage on 6/2/2020 (axm). |
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Filing 25
ELECTRONIC ORDER: The undersigned orders that all civil and criminal bench and jury trials, in-person court hearings, and sentencing proceedings scheduled to take place through May 1, 2020, are continued due to concerns about COVID-19 and consistent with the Northern District of Texas's Special Order Nos. 13-5 and 13-6, entered by Chief Judge Barbara Lynn on March 13, and March 18, 2020, respectively. In addition, if the attorneys have been ordered to conduct a face-to-face meeting for purposes of preparing a Rule 26(f) Joint Report, an in-person meeting is no longer required. These continuances do not modify any pending deadlines other than the trial or hearing dates mentioned above. Attorneys should file a motion with the Court to modify any other deadlines unless, as is the case in some cases transferred to this Court from other judges, the scheduling order allows the parties to reset deadlines by agreement without Court approval. Due to the Court's reduced ability to obtain an adequate spectrum of jurors, and due to the reduced availability of attorneys and court staff to be present in courtrooms because of the public health considerations associated with COVID-19, the period of the continuances associated with this Order and Special Order Nos. 13-5 and 13-6 are excluded by the Speedy Trial Act, 18 U.S.C. 3161(h) and 18 U.S.C. 3161 (h)(7)(A). The Court finds that the ends of justice served by ordering these continuances outweigh the best interests of the public and each defendants right to a speedy trial. In fact, the best interests of the public are served by these continuances. The Court encourages the parties to communicate with opposing counsel and litigants by video or telephone whenever possible. (Ordered by Judge Ada Brown on 3/19/2020) (lrl)
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Filing 24
Special Orders 13-5 and 13-6 re: Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic (Ordered by Chief Judge Barbara M. G. Lynn on 3/16/2020 and 3/18/2020)(lrl)
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Filing 23
ELECTRONIC ORDER REFERRING CASE to Magistrate Judge Renee Harris Toliver including #17 MOTION to Vacate #16 Clerk's Entry of Default, #18 Motion for Extension of Time to File Answer. (Ordered by Judge Ada Brown on 2/20/2020) (chmb)
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| Filing 22 RESPONSE filed by Steven Eugene Humphries re: #17 MOTION to Vacate #16 Clerk's Entry of Default, #9 First MOTION to Extend Time to Serve Summons, #18 Motion for Extension of Time to File Answer (Attachments: #1 Exhibit(s) StevenHumphriesResponsesExhibitA, #2 Exhibit(s) StevenHumphriesResponsesExhibitB) (Humphries, Steven) |
| Filing 21 RESPONSE AND OBJECTION filed by Steven Eugene Humphries re: #17 MOTION to Vacate #16 Clerk's Entry of Default, #9 First MOTION to Extend Time to Serve Summons, #18 Motion for Extension of Time to File Answer (Attachments: #1 Exhibit(s) StevenHumphriesResponsesExhibitA, #2 Exhibit(s) StevenHumphriesResponseExhibitB) (Humphries, Steven) |
| Filing 20 RESPONSE filed by Steven Eugene Humphries re: #17 MOTION to Vacate #16 Clerk's Entry of Default, #9 First MOTION to Extend Time to Serve Summons, #18 Motion for Extension of Time to File Answer (Humphries, Steven) |
| Filing 19 RESPONSE filed by Edmundo Espinoza re: #17 MOTION to Vacate #16 Clerk's Entry of Default (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Espinoza, Edmundo) |
| Filing 18 Motion for Extension of Time to File Answer filed by Steven Eugene Humphries. (rekc) |
| Filing 17 MOTION to Vacate #16 Clerk's Entry of Default filed by Steven Eugene Humphries. (rekc) |
| Filing 16 Clerk's ENTRY OF DEFAULT as to Steven Eugene Humphries (rekc) |
| Filing 15 Request for Clerk to issue Entry of Default filed by Edmundo Espinoza. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Espinoza, Edmundo) |
| Filing 14 AFFIDAVIT of Service for Civil Complaint by Publication served on Steven Eugene Humphries on 01/08/2020. (Attachments: #1 Exhibit(s) Affidavit of Service) (Espinoza, Edmundo) |
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Filing 13
ORDER: The Court GRANTS an extension to 1/20/2020 for Plaintiff to satisfy all requirements for constructive service by publication under Florida law. (Ordered by Judge Ada Brown on 12/6/2019) (chmb)
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| Filing 12 Brief/Memorandum in Support filed by Edmundo Espinoza re #11 Affidavit of Service supplement (Attachments: #1 Exhibit(s) 1) (Espinoza, Edmundo) |
| Filing 11 AFFIDAVIT of Service to show due diligence for publication served on DEFENDANT on 11/25/2019. (Attachments: #1 EXHIBIT A, #2 EXHIBIT B, #3 EXHIBIT C, #4 EXHIBIT D, #5 EXHIBIT E) (Espinoza, Edmundo) |
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Filing 10
ORDER granting #9 Motion to Extend Time. the Court extends the time for serving Defendant with the summons and a copy of the complaint to 11/25/2019. (Ordered by Judge Ada Brown on 10/25/2019) (epm)
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| Filing 9 First MOTION to Extend Time to Serve Summons filed by Edmundo Espinoza (Attachments: #1 Declaration(s), #2 Proposed Order) (Espinoza, Edmundo) |
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Filing 8
ORDER: Per Special Order 3-335 issued on September 18, 2019, your case has been transferred to Judge Ada Brown. All parties are instructed that any existing scheduling orders and deadlines imposed by the previous judge remain in place unless the parties are otherwise notified by this Court. (Ordered by Judge Ada Brown on 10/8/2019) (cea)
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Filing 7
Special Order 3-335: Effective September 18, 2019, the cases listed on Exhibit A to this order are transferred to Judge Ada E. Brown's docket and shall henceforth be designated by the suffix letter "E." (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 9/18/2019) (cea)
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| Filing 6 ADDITIONAL ATTACHMENTS to #1 Complaint (Amended Civil Cover Sheet) by Plaintiff Edmundo Espinoza. (Espinoza, Edmundo) Modified text on 7/31/2019 (rekc). |
| Filing 5 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 (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (aaa) |
| Filing 4 Summons Issued as to Steven Eugene Humphries. (aaa) |
| Filing 3 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiff Edmundo Espinoza. (Espinoza, Edmundo) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Edmundo Espinoza. (Espinoza, Edmundo) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Steven Eugene Humphries filed by Edmundo Espinoza. (Filing fee $400; Receipt number 0539-10150210) Clerk to issue summons(es). 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, 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 Declaration(s)) (Espinoza, Edmundo) |
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