Lavish Spa and Lounge LLC v. Capital Fund REIT LLC
| Lavish Spa and Lounge LLC |
| Capital Fund REIT LLC |
| 3:2023cv01751 |
| August 5, 2023 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Brantley Starr |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 24
INITIAL SCHEDULING ORDER: Joinder of Parties due by 10/31/2023. Amended Pleadings due by 10/31/2023. Discovery due by 3/29/2024. Motions due by 5/3/2024. (Ordered by Magistrate Judge David L. Horan on 9/26/2023) (mcrd)
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| Filing 23 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Scheduling Conference held on 9/26/2023. Order to enter. Attorney Appearances: Plaintiff - Jason LeBoeuf; Defense - Travis Gray. (Court Reporter: Digital File) (No exhibits) Time in Court - :03. (mcrd) |
| Filing 22 Joint STATUS REPORT JOINT RULE 26(f) REPORT AND PROPOSED DISCOVERY PLAN filed by Capital Fund REIT LLC. (Gray, Travis) |
| Filing 21 Proposal for contents of scheduling and discovery order AGREED JOINT PROPOSAL by Capital Fund REIT LLC. (Gray, Travis) |
| Filing 20 RESPONSE filed by Lavish Spa and Lounge LLC re: #13 Motion to Dismiss for Failure to State a Claim (LeBoeuf, Jason) |
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Filing 19
ELECTRONIC ORDER (TIME CHANGE ONLY): On September 26, 2023 at 10:15 a.m., the Court will conduct a Federal Rule of Civil Procedure 16(b) pretrial scheduling conference in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. Plaintiffs counsel and Defendants counsel must attend in person, and the parties must be prepared to discuss the matters in their Joint Proposal for the contents of a scheduling and discovery order. (Ordered by Magistrate Judge David L. Horan on 9/14/2023.)
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Filing 18
ORDER granting #17 Unopposed Motion to Extend Deadline. Responses due by 9/18/2023. Replies due by 10/3/2023. (Ordered by Magistrate Judge David L. Horan on 9/12/2023) (mcrd)
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| Filing 17 MOTION for Extension of Time to File Response/Reply to #13 Motion to Dismiss for Failure to State a Claim filed by Lavish Spa and Lounge LLC (Attachments: #1 Proposed Order) (LeBoeuf, Jason) |
| Filing 16 AMENDED DOCUMENT by Capital Fund REIT LLC. SECOND AMENDED NOTICE OF REMOVAL. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Gray, Travis) |
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Filing 15
NOTICE OF DEFICIENCY AND ORDER: Capital Fund REIT LLC must address the following deficiency: Capital has not satisfied the requirements for pleading the citizenship of Plaintiff Lavish Spa and Lounge LLC (Lavish) as required for diversity jurisdiction. The Court ORDERS Capital to, by September 6, 2023, file a second amended notice of removal that distinctly and affirmatively alleges the members of Lavish and the citizenship of each of those members. (Ordered by Magistrate Judge David L. Horan on 8/16/2023) (mcrd)
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Filing 14
ORDER SETTING BRIEFING SCHEDULE: Defendant Capital Fund REIT LLC has filed a motion to dismiss all claims asserted by Plaintiff Lavish Spa and Lounge LLC in its Original Petition. See Motion to Dismiss for Failure to State a Claim [Dkt. No. #13 ]. Plaintiff must file a written response to the motion by September 11, 2023. Defendant Capital Fund REIT LLC may file a reply brief, but no additional documents, by September 26, 2023. (Ordered by Magistrate Judge David L. Horan on 8/14/2023) (mcrd)
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| Filing 13 Motion to Dismiss for Failure to State a Claim filed by Capital Fund REIT LLC (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Proposed Order) (Gray, Travis) |
| Filing 12 NOTICE of FILING OF REMOVAL IN STATE COURT ACTION re: #9 Order filed by Capital Fund REIT LLC (Attachments: #1 Exhibit(s) A) (Gray, Travis) |
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Filing 11
STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 8/9/2023) (mcrd)
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Filing 10
STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 8/9/2023) (mcrd)
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Filing 9
ORDER REQUIRING FILING OF STATE COURT NOTICE. (Ordered by Magistrate Judge David L. Horan on 8/9/2023) (mcrd)
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Filing 8
ORDER: FRCP 16 Scheduling Conference set for 9/26/2023 10:00 AM in US Courthouse, Courtroom 1561, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 8/9/2023) (mcrd)
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Filing 7
ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER: The Proposal shall be filed on or before 9/25/2023. (Ordered by Judge Brantley Starr on 8/9/2023) (ndt)
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| Filing 6 NOTICE of SERVICE OF INITIAL DISCLOSURES filed by Capital Fund REIT LLC (Gray, Travis) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Capital Fund REIT LLC. (Clerk QC note: No affiliate entered in ECF). (Gray, Travis) |
| Filing 4 AMENDED DOCUMENT by Capital Fund REIT LLC. AMENDED NOTICE OF REMOVAL. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Gray, Travis) |
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Filing 3
ELECTRONIC ORDER: The complaint invokes the Court's diversity jurisdiction but fails to specifically allege the citizenship of each member of a limited liability company (LLC). For diversity purposes, the citizenship of an LLC is determined by the citizenship of all of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1079-80 (5th Cir. 2008). The Court cannot determine whether it has subject-matter jurisdiction over this case, so the Court ORDERS Defendant to file an amended notice of removal within 7 days of this order that specifically states the citizenship of each member of each LLC. (Ordered by Judge Brantley Starr on 8/7/2023) (chmb)
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| Filing 2 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). 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. (sxf) |
| Filing 1 NOTICE OF REMOVAL filed by LAVISH SPA AND LOUNGE, LLC. (Filing fee $402; receipt number ATXNDC-13935783) 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 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. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Gray, Travis) |
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| Plaintiff: Lavish Spa and Lounge LLC | |
| Represented By: | Jason Andrew LeBoeuf |
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| Defendant: Capital Fund REIT LLC | |
| Represented By: | Travis H Gray |
| Represented By: | Chris Ferguson |
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