Shaw v. Wells Fargo Bank NA et al
| Robert Andrew Shaw |
| Wells Fargo Bank NA, Wells Fargo Home Mortgage, Albertelli Law, ARNS Investments LLC and Albertelli Law Partners Ohio LLC |
| 3:2019cv03077 |
| December 31, 2019 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Barbara M G Lynn |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 22, 2020. A more recent docket listing may be available from PACER.
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Filing 29
ELECTRONIC ORDER: The Court will conduct the Federal Rule of Civil Procedure 16(b) pretrial scheduling conference on March 27, 2020 at 3:30 p.m. by telephone. Plaintiff's counsel and Defendants' counsel must participate by phone. By 11:00 a.m. Central Time on March 24, 2020, Plaintiff's counsel and Defendants' counsel each must call Shakira Todd at (214) 753-2165 to confirm they are available for this telephonic conference at the above-listed date and time. Plaintiff's counsel must circulate a dial-in number for this telephonic conference to the Court (at Horan_Orders@txnd.uscourts.gov) and to Defendants' counsel by 5:00 p.m. Central Time on March 25, 2020. (Ordered by Magistrate Judge David L. Horan on 3/11/2020.)
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| Filing 28 Brief/Memorandum in Support filed by Robert Andrew Shaw re #27 First MOTION for Leave to File Amended Complaint (McMenamy, James) |
| Filing 27 First MOTION for Leave to File Amended Complaint filed by Robert Andrew Shaw with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order) (McMenamy, James) |
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Filing 26
ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE: Plaintiff's counsel, Defendant Wells Fargo Bank N.A.s' counsel, and Defendant Albertelli Law's counsel must confer in person not later than March 11, 2020. By March 25, 2020, the parties must submit a joint written Rule 26(f) Report containing a proposed discovery plan. On March 27, 2020 at 3:30 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 2/26/2020) (mcrd)
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Filing 25
ORDER SETTING BRIEFING SCHEDULE: Defendant Wells Fargo Bank, N.A. a/k/a Wells Fargo Home Mortgage has filed a motion to dismiss all claims asserted by Plaintiff Robert Andrew Shaw in his Original Petition [Dkt. No. 1-4]. See Motion to Dismiss [Dkt. No. #22 ]. Plaintiff must file a written response to the motion by March 27, 2020. Defendant Wells Fargo may file a reply brief, but no additional documents, by April 13, 2020. (Ordered by Magistrate Judge David L. Horan on 2/26/2020) (mcrd)
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Filing 24
ELECTRONIC ORDER: Plaintiff has not filed a motion for leave to file his first amended complaint as the Court required in its January 24, 2020 Electronic Order. See Dkt. No. 14. If Plaintiff does not file the required motion for leave by Wednesday, March 4, 2020, the Court will issue appropriate findings and orders on his proposed amended complaint without the benefit of Plaintiff's briefing under the governing standards. And, to clarify where things stand at this point, unless and until the Court grants leave, Plaintiff's Original Petition [1-4] and not his First Amended Complaint #12 is currently the live, operative pleading in this case -- and therefore Albertelli Law remains a defendant in this matter. If Plaintiff files the required motion for leave by Wednesday, March 4, 2020, any defendant may file a response to the motion for leave by Wednesday, March 18, 2020. (Ordered by Magistrate Judge David L. Horan on 2/26/2020.)
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| Filing 23 STATUS REPORT Joint Settlement Status Report filed by Wells Fargo Bank NA. (Harris, Shawnika) |
| Filing 22 MOTION to Dismiss filed by Wells Fargo Bank NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting Motion to Dismiss) (Harris, Shawnika) |
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Filing 21
ELECTRONIC ORDER: By February 25, 2020, the parties must file a joint status report regarding the status of settlement negotiations and any possible settlement. (Ordered by Magistrate Judge David L. Horan on 2/18/2020.)
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| Filing 20 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Scheduling Conference held on 2/18/2020. Order to enter. Attorney Appearances: Plaintiff - N/A; Defense - Shawnika Harris. (Court Reporter: Digital File) (No exhibits) Time in Court - :06. (mcrd) |
| Filing 19 Defendant's Rule 26(f) Report filed by Wells Fargo Bank NA. (Harris, Shawnika) |
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Filing 18
ELECTRONIC ORDER extending, based on Defendant's #17 Notice Regarding Rule 26(f) Joint Report, to February 13, 2020 the deadline for the parties must submit a joint written Rule 26(f) report containing a proposed discovery plan, (Ordered by Magistrate Judge David L. Horan on 2/6/2020.)
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| Filing 17 NOTICE of Regarding Rule 26(f) Joint Report filed by Wells Fargo Bank NA re: #7 Order. (Harris, Shawnika) |
| Filing 16 NOTICE of Initial Disclosure filed by Wells Fargo Bank NA (Harris, Shawnika) |
| Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Albertelli Law. (Wells, Timothy) |
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Filing 14
ELECTRONIC ORDER: Following removal of this case based on subject-matter jurisdiction under 28 U.S.C. 1332, see Dkt. No. 1, Plaintiff Robert Andrew Shaw has filed a first amended complaint [Dkt. No. 12], which would appear to be permitted as of right under Federal Rule of Civil Procedure 15(a)(1) and which adds ARNS Investments LLC as a defendant. Although Shaw's amended complaint does not include all necessary information regarding the parties' citizenship as required for diversity jurisdiction or sufficient allegations of the citizenship of this newly-added Texas limited liability company, see MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310 (5th Cir. 2019), it appears that this defendant -- depending on the citizenship of its members -- could be a Texas citizen for purposes of diversity jurisdiction and that its joinder therefore could defeat complete diversity and require remand to state court. Courts have held that, even where Federal Rule of Civil Procedure 15(a)(1) would permit amendment "as a matter of course," 28 U.S.C. 1447(e) allows the Court discretion to permit or deny post-removal joinder of a non-diverse defendant. See Claybar v. Colony Insurance Co., No. 1:18-cv-588, 2019 WL 5875917 (E.D. Tex. Aug. 30, 2019); Varela v. Home Depot U.S.A., Inc., No. 4:18-cv-952-A, 2019 WL 1041335, at *3-*4 & n.7 (N.D. Tex. Mar. 4, 2019); Boyce v. CitiMortgage, Inc., 992 F. Supp. 2d 709, 715 (W.D. Tex. 2014); Ascension Enterprises, Inc. v. Allied Signal, Inc., 969 F. Supp. 359 (M.D. La. 1997); see also Mayes v. Rapoport, 198 F.3d 457, 462 n.11 (4th 1999); Hensgens v. Deere & Co., 833 F.2d 1179, 1182 (5th Cir. 1987). Plaintiff Robert Andrew Shaw is ORDERED to, by February 3, 2020, file a motion for leave to file his first amended complaint and include in the motion or accompanying brief (1) all necessary information regarding the parties' citizenship as required for diversity jurisdiction over this action, including the citizenship of every member or partner of any party that is a limited partnership or limited liability company, see, e.g., MidCap Media, 929 F.3d 310, and (2), if that information would, if credited, lead to the conclusion that ARNS Investments LLC is a citizen of the same state as Shaw, address the relevant factors that courts consider in deciding whether to permit a non-diverse defendant's post-removal joinder that will defeat diversity jurisdiction and require remand. See Allen v. Walmart Stores, L.L.C., 907 F.3d 170, 185 (5th Cir. 2018); Villarreal v. Wells Fargo Bank, N.A., 814 F.3d 763, 768-69 (5th Cir. 2016); Priester v. JP Morgan Chase Bank, N.A., 708 F.3d 667, 679 (5th Cir. 2013), abrogated in part on other grounds as recognized in Priester v. JP Morgan Chase Bank, N.A., 927 F.3d 912 (5th Cir. 2019); Hensgens, 833 F.2d 1179; CCI Ventures, Inc. v. Berkley National Insurance Company, No. 1:17-cv-19-BL, 2018 WL 3371540 (N.D. Tex. Apr. 12, 2018); Estate of Brandon Alex through Coker v. T-Mobile US, Inc., No. 3:17-cv-2622-M, 2018 WL 993784 (N.D. Tex. Feb. 21, 2018). Any defendant may file a response to the motion for leave by February 14, 2020. (Ordered by Magistrate Judge David L. Horan on 1/24/2020.)
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| Filing 13 Summons Issued as to ARNS Investments LLC, Albertelli Law Partners Ohio LLC, Wells Fargo Bank NA. (rekc) |
| Filing 12 AMENDED COMPLAINT AND REQUEST FOR TEMPORARY INJUNCTION against All Defendants filed by Robert Andrew Shaw. Clerk to issue summons(es). 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. (McMenamy, James) |
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Filing 11
ORDER: On January 13, 2020, Defendant James E. Albertelli, P.A. d/b/a Alberterlli Law("Alertelli Law") filed a motion to dismiss but did not file a certificate of interested persons. By January 30, 2020, Defendant Albertelli Law must comply with Local Civil Rule 7.4 so that the Court can ensure that recusal is not required in this case. (Ordered by Magistrate Judge David L. Horan on 1/15/2020) (mcrd)
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Filing 10
ORDER SETTING BRIEFING SCHEDULE: Defendant James E. Albertelli, P.A. d/b/a Albertelli Law ("Albertelli Law") has filed a motion to dismiss all claims asserted by Plaintiff Robert Andrew Shaw in his Original Petition. See Defendants James E. Albertelli, P.A. d/b/a Albertelli Law's Motion to Dismiss Pursuant to Rule 12(b)(6) [Dkt. No. #9 ].Plaintiff must file a written response to the motion by February 12, 2020. Defendant Albertelli Law may file a reply brief, but no additional documents, by February 27, 2020. (Ordered by Magistrate Judge David L. Horan on 1/14/2020) (mcrd)
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| Filing 9 Motion to Dismiss for Failure to State a Claim filed by Albertelli Law with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wells, Timothy) |
| Filing 8 NOTICE of Attorney Appearance by Timothy E Wells on behalf of Albertelli Law. (Filer confirms contact info in ECF is current.) (Wells, Timothy) |
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Filing 7
ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE: Plaintiff's counsel and Defendants' counsel must confer in person not later than January 22, 2020. By February 5, 2020, the parties must submit a joint written Rule 26(f) report containing a proposed discovery plan. On February 18, 2020 at 10:00 a.m., the Court will conduct a Federal Rule of Civil Procedure 16(b) pretrial scheduling conference in Courtroom 1561, 1100Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 1/8/2020) (mcrd)
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Filing 6
STANDING ORDER ON DISCOVERY AND OTHER NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 1/8/2020) (mcrd)
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| Filing 5 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (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 Horan). Clerk to provide copy to plaintiff if not received electronically. (cea) |
| Filing 4 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (cdt) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Wells Fargo Bank, N.A. aka Wells Fargo Home Mortgage. (Harris, Shawnika) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wells Fargo Bank, N.A. aka Wells Fargo Home Mortgage. (Harris, Shawnika) |
| Filing 1 NOTICE OF REMOVAL from 162nd Judicial District, case number DC-19-19186 filed by Wells Fargo Bank, N.A. aka Wells Fargo Home Mortgage. (Filing fee $400; receipt number 0539-10511289) 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) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) C-1, #5 Exhibit(s) C-2, #6 Exhibit(s) C-3, #7 Exhibit(s) C-4, #8 Exhibit(s) C-5, #9 Exhibit(s) C-6, #10 Exhibit(s) C-7, #11 Exhibit(s) C-8, #12 Exhibit(s) C-9, #13 Exhibit(s) C-10, #14 Exhibit(s) D) (Harris, Shawnika) |
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