Poulter et al v. Assaf et al
| Preston Poulter, John T Lamont and John T. Lamont |
| Victoria C Kundert, Dean Assaf, VikkiVerse, Ethan Van Sciver, Da Talk, Ali "Dean" Assaf and Ali Dean Assaf |
| 3:2021cv01176 |
| May 23, 2021 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Ed Kinkeade |
| Torts/Pers Inj: Assault, Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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| Filing 49 REPLY filed by Victoria C Kundert re: #45 MOTION to Vacate (Attachments: #1 Cover Sheet) (Kundert, Victoria) |
| Filing 48 Pretrial Disclosures filed by Ali Dean Assaf. (Attachments: #1 Cover Sheet) (Assaf, Ali) |
| Filing 47 RESPONSE filed by John T. Lamont, Preston Poulter re: #45 MOTION to Vacate (Attachments: #1 Appendix) (Masten, Jeremy) |
Filing 46
ORDER SETTING BRIEFING SCHEDULE: Responses due by 5/12/2022. Replies due by 5/27/2022. (Ordered by Magistrate Judge David L. Horan on 4/12/2022) (oyh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:46. Tue Apr 12 15:23:06 CDT 2022 (crt) |
| Filing 45 MOTION to Vacate Default filed by Victoria C Kundert. (mla) |
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Filing 44
INITIAL SCHEDULING ORDER: Discovery due by 4/7/2023. Joinder of Parties due by 9/2/2022. Motions due by 5/8/2023. (Ordered by Magistrate Judge David L. Horan on 4/4/2022) (ndt)
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| Filing 43 STATUS REPORT Rule 26(f) Report filed by Preston Poulter, John T. Lamont, Ali Dean Assaf. (Ahmed, Mohammed) Modified filers on 4/5/2022 (mcrd). |
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Filing 42
ORDER GRANTING UNOPPOSED MOTION TO EXTEND RULE 26(F) DEADLINES granting #41 Motion to Extend the parties' deadlines to conduct the conference required under Federal Rule of Civil Procedure 26(f), to 3/25/2022, and to file the Rule 26(f) report, to 4/1/2022, modifying the deadlines but no other requirements set out in the 2/8/2022 Order Requiring Motion for Default Judgment and Rule 26(f) Report. (Ordered by Magistrate Judge David L. Horan on 3/4/2022) (ykp)
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| Filing 41 Unopposed MOTION to Extend Time Rule 26(f) conference filed by John T. Lamont (Ahmed, Mohammed) |
| Filing 40 MOTION for Default Judgment against Victoria C Kundert filed by John T. Lamont (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Ahmed, Mohammed) |
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Filing 39
ORDER REQUIRING MOTION FOR DEFAULT JUDGMENT AND RULE 26(f) REPORT: Joint Report due by 3/2/2022. (Ordered by Magistrate Judge David L. Horan on 2/8/2022) (mla)
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Filing 38
STANDING ORDER ON DISCOVERY AND OTHER NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 2/8/2022) (ygl)
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Filing 37
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - The Court therefore GRANTS Defendant Ethan Van Sciver's motion to dismiss [Dkt. No. #19 ] to the extent that the claims against him are dismissed without prejudice for lack of personal jurisdiction, and the Court DENIES the motion to dismiss filed by Defendant Ali "Dean" Assaf a/k/a"DA Talk" [Dkt. No. #26 ]. (Ordered by Judge Ed Kinkeade on 2/7/2022) (chmb)
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| Filing 36 OBJECTION to #35 Findings and Recommendations . (Masten, Jeremy) |
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Filing 35
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendant Ethan Van Sciver's motion to dismiss [Dkt. No. #19 ] to the extent that the claims against him should be dismissed without prejudice for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). And the Court should deny the motion to dismiss filed by Defendant Ali "Dean" Assaf a/k/a "DA Talk" [Dkt. No. #26 ]. (Ordered by Magistrate Judge David L. Horan on 1/18/2022) (ykp)
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| Filing 34 Clerk's ENTRY OF DEFAULT as to Victoria C Kundert. (ndt) |
| Filing 33 Combined Request for Clerks Entry of Default and MOTION for Default Judgment against John T. Lamont filed by John T. Lamont (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Ahmed, Mohammed) |
| Filing 32 SUMMONS Returned Executed as to Victoria C Kundert; served on 10/14/2021. (Ahmed, Mohammed) |
| Filing 31 REPLY filed by Ali Dean Assaf re: #26 Motion to Dismiss. (Attachments: #1 Cover Sheet) (Assaf, Ali) Modified text on 10/5/2021 (jmg). |
| Filing 30 REPLY filed by Ethan Van Sciver re: #19 MOTION to Dismiss. (Houtteman, Scott) Modified text on 9/29/2021 (mjr). |
| Filing 29 RESPONSE filed by Preston Poulter re: #26 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Proposed Order) (Ahmed, Mohammed) |
| Filing 28 RESPONSE filed by John T. Lamont re: #19 MOTION to Dismiss. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Proposed Order) (Ahmed, Mohammed) Modified text on 9/14/2021 (mjr). |
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Filing 27
ORDER SETTING BRIEFING SCHEDULE re: #26 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Responses due by 9/20/2021. Replies due by 10/4/2021. (Ordered by Magistrate Judge David L. Horan on 8/19/2021) (ygl)
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| Filing 26 Motion to Dismiss filed by Ali Dean Assaf. (Attachments: #1 Cover Sheet, #2 Exhibit(s), #3 Proposed Order) (Assaf, Ali) Modified event text on 10/5/2021 (jmg). |
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Filing 25
ORDER SETTING BRIEFING SCHEDULE re: #19 Motion to Dismiss. Responses due by 9/13/2021. Replies due by 9/28/2021. (Ordered by Magistrate Judge David L. Horan on 8/13/2021) (ygl)
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| Filing 24 Mail returned as undeliverable. #9 Order on Motion to Withdraw as Attorney received back from Preston Poulter as Return to Sender - Not Deliverable as Addressed - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (jmg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:25. Fri Aug 13 16:56:33 CDT 2021 (crt) |
| Filing 23 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ethan Van Sciver. (Adair, Thomas) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Fri Aug 6 12:35:03 CDT 2021 (crt) |
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Filing 22
ORDER granting #20 Application for Admission Pro Hac Vice of Scott Houtteman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge David L. Horan on 8/5/2021) (mcrd)
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Filing 21
ELECTRONIC ORDER REFERRING CASE to Magistrate Judge David L. Horan for Pretrial Management. (Ordered by Judge Ed Kinkeade on 8/5/2021) (chmb)
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| Filing 20 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12112346) filed by Ethan Van Sciver (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Scott William Houtteman added to party Ethan Van Sciver(pty:dft) (Houtteman, Scott) (Additional attachment(s) added on 8/5/2021: #3 Additional Page(s) Signed PHV application) (chmb). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. NEF Thu Aug 5 12:34:39 CDT 2021 (crt) |
| Filing 19 MOTION to Dismiss filed by Ethan Van Sciver with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix, #2 Proposed Order)Attorney Thomas J Adair added to party Ethan Van Sciver(pty:dft) (Adair, Thomas) Modified text on 8/5/2021 (axm). |
| Filing 18 ANSWER to #6 Amended Complaint filed by Ali "Dean" Assaf. 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. (ygl) |
| Filing 17 SUMMONS Returned Unexecuted as to Victoria C Kundert. (Ahmed, Mohammed) |
| Filing 16 SUMMONS Returned Executed as to Ali "Dean" Assaf; served on 7/13/2021. (Ahmed, Mohammed) Modified on 8/3/2021 (ali). |
| Filing 15 SUMMONS Returned Executed as to Ethan Van Sciver ; served on 7/14/2021. (Ahmed, Mohammed) |
| Filing 14 Summons Issued as to Ali "Dean" Assaf, Victoria C Kundert, Ethan Van Sciver. (mjr) |
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Filing 13
ELECTRONIC Order Returning Case to District Judge. (Ordered by Judge Ed Kinkeade on 6/28/2021) (chmb)
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| Filing 12 Request for Clerk to issue Summons filed by Preston Poulter. (Attachments: #1 Cover Sheet Summons 2, #2 Cover Sheet Summons 3) (Ahmed, Mohammed) |
| Filing 11 NOTICE of Attorney Appearance by Mohammed S Ahmed on behalf of Preston Poulter. (Filer confirms contact info in ECF is current.) (Ahmed, Mohammed) |
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Filing 10
ELECTRONIC ORDER REFERRING CASE to Magistrate Judge David L. Horan for pretrial management. (Ordered by Judge Ed Kinkeade on 6/23/2021) (chmb)
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Filing 9
ORDER granting #7 Motion to Withdraw as Attorney. Attorney Vickie S Brandt and Eric D Fein Withdrawn. (Ordered by Judge Ed Kinkeade on 6/23/2021) (chmb)
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| Filing 7 MOTION to Withdraw as Attorney (With Consent) filed by John T Lamont, Preston Poulter. (Fein, Eric) Modified text on 6/18/2021 (mjr). |
| Filing 6 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Preston Poulter, John T Lamont. 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. (Fein, Eric) |
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Filing 5
ORDER: Federal courts are vested with subject-matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)(2). Plaintiffs may amend their Complaint within ten (10) days from the date this Order is signed. Failure to properly establish this Courts subject-matter jurisdiction will result in dismissal without further notice. See FED. R. CIV. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). (Ordered by Judge Ed Kinkeade on 5/25/2021) (chmb)
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| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by John T Lamont, Preston Poulter. (Fein, Eric) |
| Filing 3 Summons Issued as to Dean Assaf, Victoria C Kundert, Ethan Van Sciver. (ygl) |
| Filing 2 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. (ygl) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Preston Poulter, John T. Lamont. (Filing fee $402; Receipt number 0539-11918273) 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) (Fein, Eric) |
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