Smith v. Fifth Third Bank NA
Plaintiff: Brian Wheeler Smith
Defendant: Fifth Third Bank, N.A. doing business as First Third Mortgage Company and Fifth Third Bank NA doing business as First Third Mortgage Company
Case Number: 3:2020cv03291
Filed: October 30, 2020
Court: US District Court for the Northern District of Texas
Presiding Judge: Brantley Starr
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2021 Civil Case Terminated per #22 Joint Stipulation of Dismissal with Prejudice. (ykp)
March 17, 2021 Filing 22 Joint STIPULATION OF DISMISSAL With Prejudice by Brian Wheeler Smith. (Attachments: #1 Proposed Order) (Manchee, James)
March 8, 2021 Opinion or Order Filing 21 ELECTRONIC ORDER granting #20 Motion to Extend Time to File Response/Reply. The Court GRANTS Fifth Third Bank's Motion to Extend Time #20 . Fifth Third Bank's responsive pleading is due April 8, 2021. (Ordered by Judge Brantley Starr on 3/8/2021) (chmb)
March 5, 2021 Filing 20 MOTION for Extension of Time to File Response/Reply to #15 Amended Complaint,, filed by Fifth Third Bank NA (Attachments: #1 Proposed Order) (Donat, Clark)
February 18, 2021 Opinion or Order Filing 19 ELECTRONIC ORDER granting #18 Motion to Extend Time to File Response/Reply. The Court GRANTS Fifth Third Banks NA' Motion for Extension of Time. Fifth Third Bank's responsive pleading is due March 8, 2021. (Ordered by Judge Brantley Starr on 2/18/2021) (chmb)
February 12, 2021 Filing 18 MOTION for Extension of Time to File Response/Reply to #15 Amended Complaint,, filed by Fifth Third Bank NA (Attachments: #1 Proposed Order) (Donat, Clark)
January 28, 2021 Opinion or Order Filing 17 ELECTRONIC ORDER granting #16 Motion to Extend Time to File Response/Reply. The Court GRANTS Fifth Third Bank's Motion to Extend Time to File Response/Reply . Fifth Third Bank's responsive pleading is due February 15, 2021. (Ordered by Judge Brantley Starr on 1/28/2021) (chmb)
January 27, 2021 Filing 16 MOTION for Extension of Time to File Response/Reply to #15 Amended Complaint,, filed by Fifth Third Bank NA (Attachments: #1 Proposed Order) (Donat, Clark)
January 18, 2021 Filing 15 AMENDED COMPLAINT against Fifth Third Bank NA filed by Brian Wheeler Smith. 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 Exhibit(s)) (Manchee, James)
December 28, 2020 Filing 14 Brief/Memorandum in Support filed by Fifth Third Bank NA re: #13 Motion to Dismiss for Failure to State a Claim. (Donat, Clark)
December 28, 2020 Filing 13 Motion to Dismiss for Failure to State a Claim filed by Fifth Third Bank NA. (Attachments: #1 Proposed Order) (Donat, Clark) Modified text on 12/29/2020 (mjr).
November 25, 2020 Opinion or Order Filing 12 ELECTRONIC ORDER granting #11 Motion for Extension of Time to File Answer. The Court GRANTS Fifth Third Bank's Motion for Extension of Time to Respond #11 . Fifth Third Bank's answer is due December 26, 2020. (Ordered by Judge Brantley Starr on 11/25/2020) (chmb)
November 24, 2020 Filing 11 Unopposed Motion for Extension of Time to File Answer filed by Fifth Third Bank NA (Attachments: #1 Proposed Order) (Donat, Clark)
November 24, 2020 Filing 10 NOTICE of Attorney Appearance by Clark Anthony Donat on behalf of Fifth Third Bank NA. (Filer confirms contact info in ECF is current.) (Donat, Clark)
November 12, 2020 Filing 9 SUMMONS Returned Executed as to Fifth Third Bank NA; served on 11/5/2020. (Manchee, James)
November 4, 2020 Filing 8 NOTICE of Attorney Appearance by James Justin Manchee for Susan B Hersh on behalf of Brian Wheeler Smith. (Manchee, James)
November 3, 2020 Opinion or Order Filing 7 ELECTRONIC ORDER denying #4 Motion for Leave to Appear Without Designation of Local Counsel. The Court DENIES the Motion for Leave to Appear Without Designation of Local Counsel #4 . Per the Court's previous order 3 , Brian Wheeler Smith must comply with Local Rule 83.10, by December 2, 2020. (Ordered by Judge Brantley Starr on 11/3/2020) (chmb)
November 2, 2020 Filing 6 Summons Issued as to Fifth Third Bank NA. (hml)
November 2, 2020 Filing 4 MOTION for Leave to Appear Without Designation of Local Counsel filed by Brian Wheeler Smith (Attachments: #1 Proposed Order) (Manchee, James)
November 2, 2020 Opinion or Order Filing 3 ELECTRONIC ORDER: The Court ORDERS Plaintiff Brian Wheeler Smith to appoint local counsel, in accordance with Local Rule 83.10, by December 2, 2020. (Ordered by Judge Brantley Starr on 11/2/2020) (chmb)
October 30, 2020 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (hml)
October 30, 2020 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brian Wheeler Smith. (Manchee, James)
October 30, 2020 Filing 1 COMPLAINT WITH JURY DEMAND against Fifth Third Bank, N.A. filed by Brian Wheeler Smith. (Filing fee $400; Receipt number 0539-11317089) 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. (Attachments: #1 Cover Sheet, #2 Exhibit(s)) (Manchee, James)

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Defendant: Fifth Third Bank, N.A. doing business as First Third Mortgage Company
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Defendant: Fifth Third Bank NA doing business as First Third Mortgage Company
Represented By: Clark Anthony Donat
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Plaintiff: Brian Wheeler Smith
Represented By: James Justin Manchee
Represented By: Susan B Hersh
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