Smith v. Wells Fargo Bank NA
| Charli Rose Nichols fka Sheri Lynn Smith, Charli Rose Nichols and Sheri Lynn Smith |
| Wells Fargo Bank, N.A. and Wells Fargo Bank NA |
| 3:2019cv02406 |
| October 10, 2019 |
| US District Court for the Northern District of Texas |
| Rebecca Rutherford |
| Brantley Starr |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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Filing 13
ORDER IMPOSING SANCTION: The Court finds payment to Defendant's counsel of one hour's attorneys' fees at the rate of the attorney who appeared at the status conference on behalf of Defendant to be an appropriate sanction under Rule 16(f). Defendant's counsel may provide Mr. Prisock with an invoice reflecting such an amount no later than 12/11/2019. It is ORDERED that Mr. Prisock pay the sanction and provide the Court with proof of payment by 12/18/2019. The Court imposes sanctions against attorney Mr. Prisock and not Plaintiff Charli Rose Nichols. Mr. Prisock, therefore, must bear the cost of the sanctions. It is further ORDERED that if Mr. Prisock is to proceed in this case, he must either engage local counsel on the matter or file a written motion for leave to appear without local counsel in compliance with the Courts Local Rule 83.10(a). Such a motion must reflect the physical address of Mr. Prisock's primary law practice, which the Court understands to be in Houston, Texas. Finally, the Clerk of Court is directed to amend the docket sheet to reflect (1) Plaintiff's name is Charli Rose Nichols, and (2) the physical address of Mr. Prisocks primary law practice, to be provided by Mr. Prisock. (Ordered by Magistrate Judge Rebecca Rutherford on 12/4/2019) (rekc)
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| Filing 12 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Show Cause Hearing held on 12/4/2019. Attorney Appearances: Plaintiff - Kerry Prisock. (Court Reporter: Digital File) (No exhibits) Time in Court - :12. (mcrd) |
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Filing 11
ORDER: On 10/23/2019, the Court issued an order requiring lead counsel for all parties to appear in person for a Rule 16 status conference, convening on 11/13/2019. Order (ECF No. #4 ). Defendant's counsel appeared as ordered, but Plaintiff's counsel did not. Mr. Prisock timely responded to the Court's Order to Show Cause, but the Court is not satisfied that the response demonstrates excusable neglect. Accordingly, the Court sets the matter for a hearing on 12/4/2019 09:30 AM before Magistrate Judge Rebecca Rutherford. The Court ORDERS Kerry Prisock and Plaintiff Ms. Sheri Lynn Smith both to appear in person. Mr. Prisock is directed to inform his client of her obligation to appear and to assure her presence. (Ordered by Magistrate Judge Rebecca Rutherford on 11/22/2019) (axm) Modified filed date on 11/25/2019 (axm).
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| Filing 10 ADDITIONAL ATTACHMENTS to #9 Objection/Response to Magistrate Judge Order, by Plaintiff Sheri Lynn Smith. (Attachments: #1 Exhibit(s) Exhibit to Plaintiff's Counsel's Response to Order to Show Cause) (Prisock, Kerry) |
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Filing 9
RESPONSE to a Magistrate Judge Order #7 Order to Show Cause: The Court ORDERS Plaintiff's counsel, Kerry L. Prisock, to file written response no later than 11/20/2019, showing good cause as to why he should not be sanctioned for failing to appear as ordered. (Ordered by Magistrate Judge Rebecca Rutherford on 11/13/2019) (ykp) . (Prisock, Kerry)
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Filing 8
PRETRIAL SCHEDULING ORDER: The District Court will set this case for a BENCH TRIAL by separate order after all dispositive motions have been decided. Amended Pleadings due by 5/22/2020. Discovery due by 7/24/2020. Joinder of Parties due by 5/22/2020. Motions due by 8/14/2020. Status Report due by 8/21/2020. (Ordered by Magistrate Judge Rebecca Rutherford on 11/13/2019) (ykp)
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Filing 7
Order to Show Cause: The Court ORDERS Plaintiff's counsel, Kerry L. Prisock, to file written response no later than 11/20/2019, showing good cause as to why he should not be sanctioned for failing to appear as ordered. (Ordered by Magistrate Judge Rebecca Rutherford on 11/13/2019) (ykp)
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| Filing 6 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Status Conference held on 11/13/2019. Attorney Appearances: Plaintiff - Not Present; Defense - Elizabeth Hays. (Court Reporter: Digital File) (No exhibits) Time in Court - :02. (mcrd) |
| Filing 5 NOTICE of Attorney Appearance by Elizabeth Frances Hayes on behalf of Wells Fargo Bank NA. (Filer confirms contact info in ECF is current.) (Hayes, Elizabeth) |
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Filing 4
ORDER REQUIRING RULE 16 STATUS CONFERENCE: FRCP 16 Status Conference set for 11/13/2019 10:00 AM in US Courthouse, Courtroom 1306, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 10/23/2019) (ewd)
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| Filing 3 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (sre) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wells Fargo Bank, N.A. identifying Corporate Parent/Other Affiliate Wells Fargo & Company for Wells Fargo Bank, N.A.. (Shirazi, Sahar) |
| Filing 1 NOTICE OF REMOVAL from County Court at Law No.1, Dallas County, case number CC-19-05963-A filed by Wells Fargo Bank, N.A.. (Filing fee $400; receipt number 0539-10331571) 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. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit C-1, #5 Exhibit(s) Exhbit C-2, #6 Exhibit(s) Exhibit C-3, #7 Exhibit(s) Exhibit C-4, #8 Exhibit(s) Exhibit C-5, #9 Exhibit(s) Exhibit D, #10 Exhibit(s) Exhibit E) (Shirazi, Sahar) |
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