Meritage Homes of Texas LLC v. ETL Elite Landscape Inc
Plaintiff: Meritage Homes of Texas, LLC and Meritage Homes of Texas LLC
Defendant: ETL Elite Landscape Inc
Case Number: 3:2020cv02997
Filed: September 29, 2020
Court: US District Court for the Northern District of Texas
Presiding Judge: A Joe Fish
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2020 Opinion or Order Filing 17 AGREED ORDER OF ABATEMENT IN FAVOR OF ARBITRATION. (Ordered by Senior Judge A. Joe Fish on 11/9/2020) (ctf)
November 9, 2020 Filing 16 Agreed MOTION To Abate In Favor of Arbitration filed by ETL Elite Landscape Inc (Thomas, Jacob) Modified event text on 11/10/2020 (hml).
November 6, 2020 Opinion or Order Filing 15 STATUS REPORT ORDER: Joint Status Report due by 11/27/2020. (Ordered by Senior Judge A. Joe Fish on 11/6/2020) (ctf)
November 6, 2020 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by ETL Elite Landscape Inc. (Thomas, Jacob)
November 5, 2020 Opinion or Order Filing 13 On November 5, 2020, the defendant filed an answer in this case but did not provide the clerk with a certificate of interested persons. N.D. Tex. Civ. R. 7.4 requires that "[t]he initial responsive pleading or motion filed in lieu of a responsive pleading that a defendant files in a civil action must be accompanied by a separately signed certificate of interested persons that complies with LR3.1(c) or 3.2(e). If the defendant concurs in the accuracy of another party's previously-filed certificate, the defendant may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that "[w]hen a complaint is filed, the plaintiff must provide the clerk with... a separately signed certificate of interested persons... that contains... a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than 20 days after this order is filed, the defendant must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 11/5/2020) (chmb)
November 5, 2020 Filing 12 ANSWER to #1 Complaint filed by ETL Elite Landscape Inc. 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. Attorney Jacob D Thomas added to party ETL Elite Landscape Inc(pty:dft) (Thomas, Jacob)
November 2, 2020 Opinion or Order Filing 11 ELECTRONIC ORDER: Although the defendant is in default, the plaintiff has failed to move for entry of default and a default judgment. Unless the plaintiff moves for such relief by November 9, 2020, its claims against the defendant will be dismissed without further notice. (Ordered by Senior Judge A. Joe Fish on 11/2/2020) (chmb)
October 20, 2020 Filing 10 SUMMONS Returned Executed as to ETL Elite Landscape Inc; served on 10/8/2020. (Shelton, Donald) Modified name served on 10/21/2020 (hml).
October 19, 2020 Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Meritage Homes of Texas LLC. (Shelton, Donald)
October 9, 2020 Filing 8 AMENDED COMPLAINT against ETL Elite Landscape Inc filed by Meritage Homes of Texas LLC. 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. (Shelton, Donald)
September 30, 2020 Filing 7 Summons Issued as to ETL Elite Landscape Inc. (jmg)
September 30, 2020 Filing 6 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. (jmg)
September 29, 2020 Opinion or Order Filing 5 ORDER: Within ten days of this date, the plaintiff shall file and serve an amended complaint that alleges the names and citizenship of each member of the plaintiff Meritage Homes of Texas LLC. Failure to timely file and serve such an amended complaint will result in dismissal of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 9/29/2020) (twd)
September 29, 2020 Filing 4 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiff Meritage Homes of Texas, LLC. (Shelton, Donald
September 29, 2020 Opinion or Order Filing 3 ELECTRONIC ORDER: On September 29, 2020, the plaintiff filed a complaint in this case but did not accompany the complaint with a civil cover sheet. N.D. Tex. Civ. R. 3.1(1) requires that "[t]he complaint must be accompanied by...a civil cover sheet." Accordingly, no later than 20 days after this order is filed, the plaintiff must comply with this rule. (Ordered by Senior Judge A. Joe Fish on 9/29/2020) (chmb)
September 29, 2020 Opinion or Order Filing 2 ELECTRONIC ORDER: On September 29, 2020, the plaintiff filed a complaint in this case but did not provide the clerk with a certificate of interested persons. N.D. Tex. Civ. R. 3.1(3) and 3.2(e) requires that "[w]hen a complaint is filed, the plaintiff must provide the clerk with...a separately signed certificate of interested persons that contains a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities who or which are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than 20 days after this order is filed, the plaintiff must comply with Rule 3.1(3) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 9/29/2020) (chmb)
September 29, 2020 Filing 1 COMPLAINT against ETL Elite Landscape Inc filed by Meritage Homes of Texas, LLC. (Filing fee $400; Receipt number 0539-11217198) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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. (Shelton, Donald) Modified text on 9/29/2020 (svc).

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Plaintiff: Meritage Homes of Texas, LLC
Represented By: Donald W Shelton, II
Represented By: Tyler Cameron Hood
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Plaintiff: Meritage Homes of Texas LLC
Represented By: Donald W Shelton, II
Represented By: Tyler Cameron Hood
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Defendant: ETL Elite Landscape Inc
Represented By: Jacob D Thomas
Represented By: Mark A Walsh
Represented By: Abigail Kathleen Christmann
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