Harris v. Salmon Sims Thomas PLLC et al
| Quannah Harris doing business as Last Minute Cuts |
| Salmon Sims Thomas PLLC, John Does 1-10, Eileen Keller and Aaron Lohman |
| 3:2023cv00898 |
| April 27, 2023 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Ada Brown |
| David L Horan |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| None |
Docket Report
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 33 Tue Jun 6 11:11:23 CDT 2023 (crt) |
Filing 33
ELECTRONIC ORDER: The Court ORDERS the Parties in this proceeding to take notice that Judge Ada Brown shall adopt revised policies and procedures on July 1, 2023. The revised policies and procedures are posted on the Courts page on the Northern District of Texas Website. #RevisedJSR-Brown.pdf (uscourts.gov). If the Parties have any motion or response deadlines between now and July 1, 2023, which are affected by new briefing requirements, the Parties may proceed under the current policies and procedures. The Parties may further seek leave of Court for any filings due in July 2023 to comply with the Courts revised briefing requirements. (Ordered by Judge Ada Brown on 6/5/2023) (chmb)
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| Filing 32 NOTICE of Attorney Appearance by Gary S Kessler for Bryon Romine and Anne-Alise Hinckley on behalf of Eileen Keller, Aaron Lohman, Salmon Sims Thomas PLLC. (Kessler, Gary) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:30,31. NEF of document 29 Fri Apr 28 11:04:00 CDT 2023 (crt) |
| Filing 31 Notice and Instruction to Pro Se Party. (axm) |
| Filing 30 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (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 Horan). Clerk to provide copy to plaintiff if not received electronically. Motion(s) referred to Magistrate Judge David L. Horan. (axm) |
| Filing 29 Case electronically transferred in from District of Tennessee Western; Case Number 2:22-cv-02757. 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 4/28/2023 (axm). |
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Filing 28
ORDER ADOPTING #26 REPORT AND RECOMMENDATIONS re #17 and #20 . Signed by Judge Mark S. Norris on 4/26/23. (Norris, Mark) [Transferred from Tennessee Western on 4/28/2023.]
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Filing 27
ORDER denying #21 Motion to Strike #20 MOTION to Dismiss Motion to Transfer Venue or Rule 12(b)(3) Motion to Dismiss, denying #22 Motion to Strike #18 MOTION to Dismiss or Motion to Quash Service of Process. Signed by Chief Magistrate Judge Tu M. Pham on March 1, 2023. (mlj) [Transferred from Tennessee Western on 4/28/2023.]
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| Filing 26 REPORT AND RECOMMENDATIONS re #17 MOTION to Dismiss for Lack of Jurisdiction Amended Complaint, #20 MOTION to Dismiss Motion to Transfer Venue or Rule 12(b)(3) Motion to Dismiss. Objections to R&R due by 3/15/2023. Signed by Chief Magistrate Judge Tu M. Pham on March 1, 2023. (mlj) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 25 RESPONSE in Opposition re #22 MOTION to Strike #18 MOTION to Dismiss or Motion to Quash Service of Process Proposed Order Submitted filed by Eileen Keller, Aaron Lohman, Salmon Sims Thomas, PLLC. (Attachments: #1 Memorandum Memorandum of Facts and Law in Support of Response to Motion)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 24 RESPONSE in Opposition re #21 MOTION to Strike #20 MOTION to Dismiss Motion to Transfer Venue or Rule 12(b)(3) Motion to Dismiss (Proposed Order Submitted) Proposed Order Submitted filed by Eileen Keller, Aaron Lohman, Salmon Sims Thomas, PLLC. (Attachments: #1 Memorandum Memorandum of Facts and Law in Support of Response to Motion)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 23 The Sworn AFFIDAVIT of Quannah Harris. (agj) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 22 Plaintiff's MOTION to Strike Defendants MOTION to Dismiss or Motion to Quash Service by Quannah Harris. (agj) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 21 Plaintiff's MOTION to Strike Defendants Salmon Sims Thomas, PLLC Rule 12(b)(3) MOTION to Dismiss by Quannah Harris. (agj) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 20 MOTION to Dismiss Motion to Transfer Venue or Rule 12(b)(3) Motion to Dismiss (Proposed Order Submitted) by Eileen Keller, Aaron Lohman, Salmon Sims Thomas, PLLC. (Attachments: #1 Exhibit Ex. A - Unsworn Declaration of Eileen Keller, #2 Memorandum Memo of Law in Support of Motion)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint by Eileen Keller, Aaron Lohman, Salmon Sims Thomas, PLLC. (Attachments: #1 Exhibit Ex. A - 2018-2019 Audit Engagement Letter, #2 Exhibit Ex. B - 2018-2019 Independent Auditors' Report, #3 Memorandum Memo in Support of Motion to Dismiss)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 18 MOTION to Dismiss or Motion to Quash Service of Process by Eileen Keller, Aaron Lohman, Salmon Sims Thomas, PLLC. (Attachments: #1 Exhibit Ex. A - Unsworn Declaration of William Sims, #2 Memorandum Memo of Law in Support of Motion)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction Amended Complaint by Eileen Keller, Aaron Lohman, Salmon Sims Thomas, PLLC. (Attachments: #1 Exhibit Ex A. - Unsworn Declaration of Eileen Keller, #2 Memorandum Memo in Support of Motion)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 16 Plaintiff's RESPONSE in Opposition to Defendant's re #11 MOTION Transfer Venue or Rule 12(b)(3) Motion to Dismiss filed by Quannah Harris. (Attachments: #1 Exhibit A)(csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 15 Plaintiff's Response in Opposition to Defendant Salmon Sims Thomas, PLL'S Motion to Dismiss filed by Quannah Harris. (mlk) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 14 Summons Issued as to Eileen Keller, Aaron Lohman. The issued summonses given to the Plaintiff to perfect service. (agj) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 13 Summons Issued as to Eileen Keller, Aaron Lohman c/o Williams Sims and Eileen Keller and Aaron Lohman. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (mlk) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 12 AMENDED COMPLAINT against All Defendants., filed by Quannah Harris.(agj) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 11 MOTION Transfer Venue or Rule 12(b)(3) Motion to Dismiss by Salmon Sims Thomas, PLLC. (Attachments: #1 Exhibit Ex. A - Declaration of Eileen Keller, #2 Memorandum Memo of Law in Support of Motion)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Salmon Sims Thomas, PLLC. (Attachments: #1 Exhibit Ex. A - 2020 Eng. ltr & 2018-19 Auditors' Report, #2 Exhibit Ex. B - 2021 Eng. ltr & 2020 Auditors' Report, #3 Memorandum Memo in Support of Motion to Dismiss)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Salmon Sims Thomas, PLLC. (Attachments: #1 Exhibit Ex. A - Declaration of Eileen Keller, #2 Memorandum Memo of Facts & Law in Support of Motion)(Montminy, Briana) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 8 SUMMONS Returned Executed by Quannah Harris as to Salmon Sims Thomas, PLLC. (csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 7 Summons Issued as to Salmon Sims Thomas, PLLC. The filer was given issued summons in order to effect service. (csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 6 NOTICE: Signed agreement to receive notice of electronic filing by Quannah Harris (csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 4 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 2 Case initiation fee: PAID $ 402.00, receipt number 200000134 (csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Filing 1 PRO SE COMPLAINT against All Defendants, filed by Quannah Harris. (Attachments: #1 Judicial Cards)(csf) [Transferred from Tennessee Western on 4/28/2023.] |
| Pursuant to Administrative Order 2013-05, this case has been assigned to the United States magistrate judge for management of all pretrial matters. Pursuant to Local Rule 4.1(b)(1), the plaintiff shall present the Clerk with a properly completed summons for each defendant, and the Clerk shall issue the summons(es) to the plaintiff for service on the defendant(s). (csf) [Transferred from Tennessee Western on 4/28/2023.] |
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