Montemayor v. Chudasama et al
Marco A Montemayor |
Nia Chudasama, Daniel W Brooks, David R Brooks, John Romeo, Neptune Ventures LLC, Gregory B Fell, Ray Washburne, John F Warren, W Kenneth Paxton, Eduardo Lopez, Elizabeth Weller, Ray Lee Hunt and Charlie B Mitchell, Jr |
3:2021cv02252 |
September 21, 2021 |
US District Court for the Northern District of Texas |
David C Godbey |
Irma Carrillo Ramirez |
Contract: Other Contract |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
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Filing 21 JUDGMENT of USCA as to #15 Notice of Appeal filed by Marco A Montemayor. The judgment of the District Court is AFFIRMED. Issued as Mandate: 3/11/2022. (ajb) |
Filing 20 Opinion of USCA in accordance with USCA judgment re #15 Notice of Appeal filed by Marco A Montemayor. The judgment of the District Court is AFFIRMED. (ajb) |
Filing 19 Request for Clerk to issue Proposed Writ of Execution ***RECEIVED VIA THE COURT'S EMERGENCY FILING EMAIL ADDRESS.*** The clerk is unable to issue the writ as this case was dismissed on 9/28/21 for lack of subject matter jurisdiction. Case remains on appeal (21-10988). Plaintiff notified via ECF notice. (twd) |
Filing 18 ORDER ACCEPTING #17 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Emergency Amendment Complaint and Request for Injunction, Objection to Denied Order in Record Recommendation (doc. #14 ), is liberally construedas a motion for leave to amend the complaint under Fed. R. Civ. P. 15(a); the Objection to Findings, Conclusions and Recommendation (doc. #16 ), is liberally construed as a motion to alter or amend the judgment under Fed. R. Civ. P. 59(e); and both motions are DENIED. (Ordered by Judge David C Godbey on 11/19/2021) (ykp) |
Filing 17 Findings, Conclusions, and Recommendation re: the #14 Emergency Amendment Complaint and Request for Injunction, Objection to Denied Order in Record Recommendation; and #16 Objection to Findings, Conclusions and Recommendation. Based on the relevant filings and applicable law, the amended complaint should be liberally construed as a motion for leave to amend the complaint under Fed. R. Civ. P. 15(a), the objections should be liberally construed as a motion to alter or amend the judgment under Fed. R. Civ. P. 59(e), and both motions should be DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 10/19/2021) (mcrd) |
Record on Appeal for USCA5 21-10988 (related to #15 appeal): transmitted to Mark Montemayor by email. (ajb) |
Filing 16 OBJECTION to #10 Findings and Recommendations by Marco A Montemayor ***FILED USING THE COURT'S EMERGENCY FILING EMAIL ADDRESS.*** (ykp) |
USCA Case Number 21-10988 in USCA5 for #15 Notice of Appeal filed by Marco A Montemayor. (svc) |
Record on Appeal for USCA5 21-10988 (related to #15 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (ajb) |
Filing 15 NOTICE OF APPEAL to the Fifth Circuit by Marco A Montemayor. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (twd) |
Filing 14 EMERGENCY AMENDED COMPLAINT and Request for Injunction, Objection to Denied Order in Recorp recomendation against Daniel W Brooks, David R Brooks, Nia Chudasama, Gregory B Fell, Neptune Ventures LLC, John Romeo, Ray Washburne, John F Warren, W Kenneth Paxton, Eduardo Lopez, Elizabeth Weller, Ray Lee Hunt, Charlie B Mitchell, Jr filed by Marco A Montemayor. 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. (jmg) |
Filing 13 JUDGMENT: It is ORDERED that this action is DISMISSED without prejudice for lack of subject matter jurisdiction. (Ordered by Judge David C Godbey on 9/28/2021) (twd) |
Filing 12 ORDER ACCEPTING #10 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Emergency Order for "Temporary" Restraining Order, filed on 9/23/2021 (doc. #5 ), is DENIED. (Ordered by Judge David C Godbey on 9/28/2021) (twd) |
Filing 11 OBJECTION filed by Marco A Montemayor re: #10 Findings, Conclusions, and Recommendation filed by Marco A Montemayor. ***FILED USING EMERGENCY EMAIL*** (twd) |
Filing 10 Findings, Conclusions, and Recommendation re: the #5 Emergency Order for "Temporary" Restraining Order. Based on the relevant filings and applicable law, the motion should be DENIED, and this eviction case should be DISMISSED without prejudice sua sponte for lack of subject matter jurisdiction. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/27/2021) (mcrd) |
Filing 9 ORDER granting the #4 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form). (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/23/2021) (mcrd) |
Filing 8 Table of Exhibits filed by Marco A Montemayor re #6 Amended Complaint (ykp) |
Filing 7 DEMAND for Trial by Jury by Marco A Montemayor. (ykp) |
Filing 6 Plaintiff's Original Petition ( Amended) against Daniel W Brooks, David R Brooks, Nia Chudasama, Neptune Ventures LLC, John Romeo filed by Marco A Montemayor. 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. (ykp) |
Filing 5 Emergency MOTION for Temporary Restraining Order filed by Marco A Montemayor (ykp) |
Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Marco A Montemayor. (axm) |
Filing 3 COMPLAINT and Request for Temporary Restraining Order/Injunction against Daniel W Brooks, David R Brooks, Nia Chudasama, Gregory B Fell, Neptune Ventures LLC, John Romeo filed by Marco A Montemayor. 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. (axm) |
Filing 2 Notice and Instruction to Pro Se Party. (axm) |
Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (axm) |
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