Davis v. Fontana
| Benjamin Davis |
| Bo Fontana |
| 3:2021cv02730 |
| November 3, 2021 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Contract: Other Contract |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 36
ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: Trial set for four-week docket beginning 11/7/2022 before Senior Judge A. Joe Fish. Joinder of Parties due by 2/25/2022. Amended Pleadings due by 2/25/2022. Motions due by 6/15/2022. Discovery due by 7/15/2022. Pretrial Order due by 10/28/2022. Pretrial Materials due by 10/28/2022. Pretrial Conference set for 11/4/2022 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 12/17/2021) (jmg)
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| Filing 35 Joint STATUS REPORT filed by Bo Fontana. (Lurich, Ryan) |
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Filing 34
STATUS REPORT ORDER: Joint Status Report due by 12/23/2021. (Ordered by Senior Judge A. Joe Fish on 12/2/2021) (jmg)
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| Filing 33 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Benjamin Davis. (Mensching, John) |
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Filing 32
ORDER granting #30 agreed motion to reinstate this case and for leave to file a certificate of interested persons out of time. It is further ORDERED that the plaintiff must file a certificate of interestedpersons no later than 12/7/2021. (Ordered by Senior Judge A. Joe Fish on 12/2/2021) (mjr)
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Filing 31
ORDER STRIKING/UNFILING PLEADING #29 Cert. Of Interested Persons/Disclosure Statement filed by Benjamin Davis due to the following deficiency: Motion required. (Ordered by Senior Judge A. Joe Fish on 12/2/2021) (mjr)
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| Filing 30 Agreed MOTION to Reopen Case and for Leave to File Certificate of Interested Persons Out of Time filed by Benjamin Davis with Brief/Memorandum in Support. (Mensching, John) |
| Filing 29 **** UNFILED PER #31 ORDER **** CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Benjamin Davis. (Mensching, John) Modified on 12/2/2021 (mjr). |
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Filing 28
ELECTRONIC ORDER: On November 4, 2021, the plaintiff was ordered to file a certificate of interested persons satisfying the requirements of Local Rule 3.1(c) or 3.2(e) by November 23, 2021 (docket entry 21) but has failed to do so. Accordingly, this case is dismissed without prejudice. Rule 16(f)(1)(C), F.R. Civ. P. (Ordered by Senior Judge A. Joe Fish on 12/1/2021) (chmb)
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| Civil case terminated. (chmb) |
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Filing 27
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of J. Patrick Mensching (docket entry #26 ). It is ORDERED that the application of J. Patrick Mensching is GRANTED. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this court. It is further ORDERED that if the applicant has not already done so, the applicant must register as an ECF user within 14 days. See L.R. 5.1(f). (Ordered by Senior Judge A. Joe Fish on 11/18/2021) (chmb)
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| Filing 26 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12397236) filed by Benjamin Davis (Mensching, John) |
| Filing 25 ANSWER to Complaint filed by Bo Fontana. 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. (Lurich, Ryan) |
| Filing 24 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bo Fontana. (Lurich, Ryan) |
| Filing 23 Supplemental Document by Bo Fontana as to #1 Notice of Removal . (Attachments: #1 Cover Sheet and Supplement, #2 Exhibit(s) A, #3 Exhibit(s) B, #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) (Lurich, Ryan) |
| Filing 22 NOTICE of Attorney Appearance by Kassandra M Bentley on behalf of Benjamin Davis. (Filer confirms contact info in ECF is current.) (Bentley, Kassandra) |
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Filing 21
ELECTRONIC ORDER: On October 30, 2020, the plaintiff filed this civil action in the District Court of Tulsa County, State of Oklahoma. On March 22, 2021, the defendant removed the case to the United States District Court for the Northern District of Oklahoma. On November 2, 2021, the case was transferred to this court. By November 23, 2021, the plaintiff must file a signed certificate of interested persons that complies with Local Rule 3.1(c) so that the court can ensure that recusal is not required in this case. If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate. (Ordered by Senior Judge A. Joe Fish on 11/4/2021) (chmb)
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Filing 20
ORDER: Accordingly, no later than 11/23/2021, Fontana must comply withthis rule. (Ordered by Senior Judge A. Joe Fish on 11/4/2021) (ygl)
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Filing 19
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, no later than November 23, 2021, the plaintiff shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will result in dismissal without prejudice of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 11/4/2021) (chmb)
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| Filing 18 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mjr) |
| Filing 17 Case electronically transferred in from District of Oklahoma Northern; Case Number 4:21-cv-00127. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. Modified file date on 11/4/2021 (mjr). |
| ***Civil Case Terminated (see document number #16 ) (sc, Dpty Clk) [Transferred from Oklahoma Northern on 11/4/2021.] |
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Filing 16
ORDER by Judge Terence Kern - Case transferred to the Northern District of Texas, Dallas Division ; transferring case (terminates case) ; finding as moot #7 Motion to Dismiss for Lack of Jurisdiction; granting #7 Motion to Transfer Case to Other District (lmc, Chambers) [Transferred from Oklahoma Northern on 11/4/2021.]
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| Filing 15 Amended RESPONSE in Opposition to Motion (Re: #7 MOTION to Dismiss for Lack of Jurisdiction , Alternatively, MOTION to Transfer Case to Other District and Brief in Support ) by Benjamin Davis ; (Myers, Lauren) [Transferred from Oklahoma Northern on 11/4/2021.] |
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Filing 14
MINUTE ORDER by Judge Terence Kern - Pursuant to Fed. R. Civ. P. 16(b)(2), the Court finds good cause for delay in issuing a scheduling order in this case as there is a pending Motion to Dismiss (Doc. 7) which should first be resolved. (Re: #7 MOTION to Dismiss for Lack of Jurisdiction , Alternatively, MOTION to Transfer Case to Other District and Brief in Support ) (This entry is the Official Order of the Court. No document is attached.) (lmc, Chambers) [Transferred from Oklahoma Northern on 11/4/2021.]
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| Filing 13 JOINT STATUS REPORT by Benjamin Davis (Mensching, John) [Transferred from Oklahoma Northern on 11/4/2021.] |
| Filing 12 RESPONSE in Opposition to Motion (Re: #7 MOTION to Dismiss for Lack of Jurisdiction , Alternatively, MOTION to Transfer Case to Other District and Brief in Support ) by Benjamin Davis ; (Myers, Lauren) [Transferred from Oklahoma Northern on 11/4/2021.] |
| Filing 11 ATTORNEY APPEARANCE by Lauren Rachel Myers on behalf of Benjamin Davis [Note: Attorney Lauren Rachel Myers added to party Benjamin Davis(pty:pla).] (Myers, Lauren) [Transferred from Oklahoma Northern on 11/4/2021.] |
| Filing 10 NOTICE of Association with Oklahoma Counsel by Bo Fontana (Lurich, Ryan) [Transferred from Oklahoma Northern on 11/4/2021.] |
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Filing 9
MINUTE ORDER by Judge Terence Kern - Pursuant to Minute Order (Doc. 8), Counsel for Defendant is hereby ordered to comply with Local Civil Rule 83.3 by April 6, 2021. (Re: 8 Minute Order,,,,, #6 Notice (Other) ) (This entry is the Official Order of the Court. No document is attached.) (lmc, Chambers) [Transferred from Oklahoma Northern on 11/4/2021.]
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Filing 8
MINUTE ORDER by Judge Terence Kern - In his Notice of Appearance, attorney Ryan K. Lurich states that he is admitted to practice in the United States District Court for the Northern District of Oklahoma. Local Civil Rule 83.3 of the Local Rules for the United States District Court for the Northern District of Oklahoma requires non-resident counsel to show association with an attorney who is personally appearing in the action and who is a resident of Oklahoma, maintains a law office within the State of Oklahoma, and has been duly and regularly admitted to practice in this Court. (Re: #6 Notice (Other) ) (This entry is the Official Order of the Court. No document is attached.) (lmc, Chambers) [Transferred from Oklahoma Northern on 11/4/2021.]
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| NOTICE of Docket Entry Modification; Error: wrong event selected (Notice - Other); Correction: changed text to reflect correct event (Appearance - Attorney) (Re: #6 Notice (Other) ) (sac, Dpty Clk) [Transferred from Oklahoma Northern on 11/4/2021.] |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction , Alternatively,, MOTION to Transfer Case to Other District and Brief in Support by Bo Fontana (With attachments) (Lurich, Ryan) [Transferred from Oklahoma Northern on 11/4/2021.] |
| Filing 6 ATTORNEY Appearance of Ryan K Lurich on behalf of Bo Fontana [Note: Attorney Ryan K. Lurich added to party Bo Fontana(pty:dft).] (Lurich, Ryan) Modified on 3/30/2021 to change text to reflect correct event (sac, Dpty Clk). [Transferred from Oklahoma Northern on 11/4/2021.] |
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Filing 5
ORDER by Judge Terence Kern for Joint Status Report, directing parties to file joint status report ( Status Report due by 4/23/2021) (lmc, Chambers) [Transferred from Oklahoma Northern on 11/4/2021.]
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| Filing 4 MINUTE ORDER by Court Clerk: This case having been returned for random reassignment, recusing Judge John F Heil, III. Judge Terence Kern reassigned to case., changing case number to 21-CV-127-TCK-CDL (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) [Transferred from Oklahoma Northern on 11/4/2021.] |
| Filing 3 FILING FEES Paid in Full by Benjamin Davis (sc, Dpty Clk) [Transferred from Oklahoma Northern on 11/4/2021.] |
| Filing 2 MINUTE ORDER by Court Clerk , directing Bo Fontana to pay the appropriate filing fee within seven (7) days. (This entry is the Official Order of the Court. No document is attached.) (ll, Dpty Clk) [Transferred from Oklahoma Northern on 11/4/2021.] |
| Filing 1 NOTICE of Removal from Tulsa Cty Dist Ct, case number CJ-2020-3343 by Bo Fontana (ll, Dpty Clk) [Transferred from Oklahoma Northern on 11/4/2021.] |
| PETITION/COMPLAINT filed in State Court against Bo Fontana by Benjamin Davis (ll, Dpty Clk) [Transferred from Oklahoma Northern on 11/4/2021.] |
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| Plaintiff: Benjamin Davis | |
| Represented By: | John Patrick Mensching, Jr |
| Represented By: | Lauren Rachel Myers |
| Represented By: | Kassandra M Bentley |
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| Defendant: Bo Fontana | |
| Represented By: | Ryan K Lurich |
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