Amaya-Aldaba v. Fifth Third Bank
Plaintiff: Sergio Amaya-Aldaba
Defendant: Fifth Third Bank
Case Number: 3:2023cv02715
Filed: December 8, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: David L Horan
Referring Judge: Sam A Lindsay
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2024 Opinion or Order Filing 18 ELECTRONIC ORDER granting #17 Plaintiff's Motion for Leave to Proceed Without Local Counsel. (Ordered by Magistrate Judge David L. Horan on 1/11/2024.)
January 11, 2024 Filing 17 MOTION leave to proceed without local counsel re 12 Order filed by Sergio Amaya-Aldaba (Harter, Kenneth)
January 11, 2024 Filing 16 NOTICE of initial disclosures filed by Sergio Amaya-Aldaba (Harter, Kenneth)
January 11, 2024 Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sergio Amaya-Aldaba. (Clerk QC note: No affiliate entered in ECF). (Harter, Kenneth) (Main Document 15 replaced to flatten pdf on 1/12/2024) (cfk).
January 10, 2024 Opinion or Order Filing 14 STANDING ORDER ON REQUESTS FOR HEARINGS AND ORAL ARGUMENTS. (Ordered by Magistrate Judge David L. Horan on 1/10/2024) (axm)
January 10, 2024 Opinion or Order Filing 13 INITIAL SCHEDULING ORDER: Joinder of Parties due by 2/8/2024. Amended Pleadings due by 2/8/2024. Discovery due by 2/2/2024. Deadline for mediation is on or before 5/22/2024. Motions due by 6/26/2024. (Ordered by Magistrate Judge David L. Horan on 1/10/2024) (axm)
January 10, 2024 Opinion or Order Filing 12 ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside or maintain the attorney's principal office in this district. "Local counsel" means a member of the bar of this court who resides or maintains the attorney's principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the division in which the case is pending.By Wednesday, January 31, 2024, Plaintiff Sergio Amaya-Aldaba must file one of the following: a response to this order, demonstrating why counsel is not subject to, or is exempt from, Local Civil Rule 83.10(a)'s requirements or pointing out how and when local counsel has previously been designated; under Local Civil Rule 83.10(a), a motion for leave to proceed without local counsel; or a designation of, and the entry of appearance by, of local counsel satisfying Local Civil Rule 83.10(a)'s requirements and stating local counsel's address and telephone number, as required by Federal Rule of Civil Procedure 11(a) and including the information that Local Civil Rule 10.1(b) requires. (And a designated local counsel who is not admitted to practice in this District and has not been admitted pro hac vice in this case must, at the same time, either become admitted to practice in this District, see Local Civil Rule 83.7, or move the Court to be admitted pro hac vice, see Local Civil Rule 83.9(b).)(Ordered by Magistrate Judge David L. Horan on 1/10/2024.) (mcrd)
January 10, 2024 Opinion or Order Filing 11 ELECTRONIC ORDER: Every party to a civil action must file a certificate of interested persons under the Court's Local Civil Rules: A plaintiff must, under Local Civil Rules 3.1(c) and 3.2(e), file a certificate of interested persons when first filing a complaint. A defendant must, under Local Civil Rule 7.4, file a certificate of interested persons when first filing an initial responsive pleading or a motion filed in lieu of a responsive pleading. A defendant removing an action from state court must, under Local Civil Rule 81.1(a), file a certificate of interested persons along with the notice of removal. A plaintiff whose case has been removed from state court must, under Local Civil Rule 81.2, file a certificate of interested persons within 21 days after the notice of removal is filed.Plaintiff Sergio Amaya-Aldaba has not filed the required certificate of interested persons. By Wednesday, January 24, 2024, Plaintiff Sergio Amaya-Aldaba must file the required certificate of interested persons so that the Court can ensure that recusal is not required in this case. (Ordered by Magistrate Judge David L. Horan on 1/10/2024.) (mcrd)
January 10, 2024 Filing 10 Joint STATUS REPORT and Scheduling Plan filed by Fifth Third Bank. (Cronenwett, Mark)
January 9, 2024 Filing 9 NOTICE of of service of Initial Disclosures filed by Fifth Third Bank (Cronenwett, Mark)
December 13, 2023 Filing 8 NOTICE of Filing of Notice to State Court of Removal, re: #5 Order filed by Fifth Third Bank (Attachments: #1 Exhibit(s)) (Cronenwett, Mark)
December 12, 2023 Opinion or Order Filing 7 STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 12/12/2023) (mcrd)
December 12, 2023 Opinion or Order Filing 6 STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 12/12/2023) (mcrd)
December 12, 2023 Opinion or Order Filing 5 ORDER REQUIRING FILING OF STATE COURT NOTICE. (Ordered by Magistrate Judge David L. Horan on 12/12/2023) (mcrd)
December 12, 2023 Opinion or Order Filing 4 ORDER REQUIRING CONFERENCE AND JOINT STATUS REPORT: Plaintiff's counsel and Defendant's counsel shall confer in person or by telephone not later than December 26, 2023. The parties shall file a joint status report and proposed scheduling plan by January 16, 2024. (Ordered by Magistrate Judge David L. Horan on 12/12/2023) (mcrd)
December 8, 2023 Filing 3 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. (kcr)
December 8, 2023 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Fifth Third Bank. (Clerk QC note: No affiliate entered in ECF). (Cronenwett, Mark)
December 8, 2023 Filing 1 NOTICE OF REMOVAL filed by Fifth Third Bank. (Filing fee $405; receipt number ATXNDC-14231584) 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), #2 Cover Sheet, #3 Cover Sheet Supplement) (Cronenwett, Mark) (Attachment 2 flattened on 12/11/2023) (kcr).

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Plaintiff: Sergio Amaya-Aldaba
Represented By: Kenneth Stuart Harter
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Defendant: Fifth Third Bank
Represented By: Mark D Cronenwett
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