Gomez v. NTX Auto Group, Incorporated et al
| Sandra Gomez |
| NTX Auto Group, Incorporated doing business as NTX Auto, Strike Acceptance, Inc. and Strike Acceptance Inc |
| 3:2024cv00028 |
| January 4, 2024 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| David L Horan |
| Torts/Pers Prop: Other Fraud |
| 15 U.S.C. § 1640 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
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Filing 31
NOTICE of Filing of Notice of Removal with State Court filed by Strike Acceptance Inc (Cosmich, Natalie)
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Filing 30
ORDER SETTING CASE FOR TRIAL: Pretrial Materials due by 2/11/2025. Pretrial Order due by 2/11/2025. Jury Trial set for 2/18/2025 09:00 AM before Magistrate Judge David L. Horan. Pretrial Conference set for 2/13/2025 10:00 AM before Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 2/21/2024) (agc)
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Filing 29
STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 2/21/2024) (agc)
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Filing 28
ORDER REQUIRING FILING OF STATE COURT NOTICE: The Court ORDERS the removing defendant to if it has not already done so file, by no later than 7 days after the date of this order, a copy of the notice filed with the state court in compliance with 28 U.S.C. 1446(d). (Ordered by Magistrate Judge David L. Horan on 2/21/2024) (agc)
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Filing 27
STANDING ORDER ON REQUESTS FOR HEARINGS AND ORAL ARGUMENTS. (Ordered by Magistrate Judge David L. Horan on 2/21/2024) (agc)
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Filing 26
INITIAL SCHEDULING ORDER: Amended Pleadings due by 7/1/2024. Discovery due by 10/25/2024. Joinder of Parties due by 5/3/2024. Deadline for mediation is on or before 7/31/2024. Motions due by 10/4/2024. (Ordered by Magistrate Judge David L. Horan on 2/21/2024) (kcr)
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Filing 25
STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 2/21/2024) (kcr)
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Filing 24
ORDER OF TRANSFER TO UNITED STATES MAGISTRATE JUDGEBefore the Court is the Parties' Joint Status Report, filed on February 15, 2024. It appears the parties have consented in writing to trial of this case before a United States Magistrate Judge in accordance with the provisions of 28 U.S.C. 636(c). See Paragraph 14.It is therefore ORDERED by the Court that this case be, and it is hereby TRANSFERRED to United States Magistrate Judge David L. Horan entry of judgment in accordance with 28 U.S.C. 636(c), with any appeal therefrom to be taken to the United States Court of Appeals for the Fifth Circuit in accordance with 28 U.S.C. 636(c)(3). (Ordered by Judge Ed Kinkeade on 2/20/2024) (chmb)
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Filing 23
ORDER - Before the Court is Defendant Strike Acceptance, Inc.'s ("Strike Acceptance") Response to Plaintiff's Notice of Dismissal. Doc. No. 20. Plaintiff Sandra Gomez has abandoned her claims against Strike Acceptance. Doc. No. 16. Strike Acceptance asks the Court to require her to re-file the claims, if at all, only in this Court. Doc. No. 20 at 23. The Court gave Ms. Gomez an opportunity to respond to this request for relief and informed her that it would interpret her silence as indicating that she did not oppose the request. Doc. No. 21. Ms. Gomez did not file a response. The Court therefore ORDERS Ms. Gomez to file any future suit against Strike Acceptance arising out of or relating to the facts underlying her claims against Strike Acceptance in this suit only in the Northern District of Texas, Dallas Division before Judge Ed Kinkeade. Ms. Gomez shall notify the Clerk of this order concurrently with the filing of any such future suit. Since this order disposes of Strike Acceptance's only pending request for relief and there are no claims pending against Strike Acceptance, the Court DIRECTS the Clerk to terminate Strike Acceptance's Motion to Dismiss, for Judgment on the Pleadings or to Compel Arbitration. Doc. No. 10. (Ordered by Judge Ed Kinkeade on 2/20/2024) (chmb)
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Filing 22
SCHEDULING CONFERENCE REPORT filed by NTX Auto Group, Incorporated. (Aguilar, Daniel) Modified text on 2/16/2024 (kaf).
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Filing 21
ELECTRONIC ORDER: Before the Court is Defendant Strike Acceptance, Inc.'s ("Strike Acceptance") Response to Plaintiff's Notice of Dismissal (the "Response"). Doc. No. 20. In the Response, Strike Acceptance appears to seek relief that may affect Plaintiff Sandra Gomez's interests. Accordingly, the Court ORDERS Ms. Gomez to file a responsive brief no later than February 13, 2024. If Ms. Gomez fails to do so, the Court WILL CONSTRUE her silence as non-opposition to any relief requested in Strike Acceptance's Response. Strike Acceptance SHALL NOT FILE a reply brief except upon further order of the Court. (Ordered by Judge Ed Kinkeade on 1/30/2024) (chmb)
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Filing 20
Response filed by Strike Acceptance Inc re: #15 Notice (Other) (Tyson, Mark) Modified text on 1/30/2024 (kaf).
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Filing 19
NOTICE of Attorney Appearance by G Brad Riffe for G. Brad Riffe on behalf of Sandra Gomez. (Riffe, G)
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Filing 18
ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Mark H Tyson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 1/24/2024) (chmb)
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Filing 17
ELECTRONIC ORDER: Before the Court is Plaintiff Sandra Gomez's Notice of Dismissal of Defendant Strike Acceptance, Inc. (the "Strike Acceptance"). Doc. No. 15. Because Strike Acceptance has filed an answer and has not stipulated to dismissal, Doc. No. 1-4, the Notice of Dismissal is ineffective. Fed. R. Civ. P. 41(a)(1). However, the Court notes that Ms. Gomez has filed a First Amended Complaint in which she no longer asserts claims against Strike Acceptance. Doc. No. 16. Accordingly, the Court intends to terminate Strike Acceptance's Motion to Dismiss, for Judgment on the Pleadings or to Compel Arbitration, Doc. No. 10, fourteen days after the entry of this order. (Ordered by Judge Ed Kinkeade on 1/23/2024) (chmb)
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Filing 16
AMENDED COMPLAINT WITH JURY DEMAND against NTX Auto Group, Incorporated filed by Sandra Gomez. (One or more defendant(s) is no longer named.) 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. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Scott, R)
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Filing 15
NOTICE of Dismissal of Defendant Strike Acceptance, Inc. filed by Sandra Gomez (Scott, R)
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Filing 14
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14329852) filed by Strike Acceptance, Inc. Attorney Mark H Tyson added to party Strike Acceptance, Inc.(pty:dft) (Tyson, Mark) (Additional attachment(s) added on 1/24/2024: #1 Additional Page(s) Certificate of Good Standing - Mississippi) (chmb).
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Filing 13
ANSWER to Complaint filed by NTX Auto Group, Incorporated. 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. (Aguilar, Daniel)
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Filing 12
Appendix in Support filed by Strike Acceptance, Inc. re #10 MOTION to Dismiss MOTION to Compel Arbitration MOTION for Judgment on Pleadings (Attachments: #1 Exhibit(s) A- Petition, #2 Exhibit(s) B - Amended Answer) (McCarty, Natalie)
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Filing 11
Brief/Memorandum in Support filed by Strike Acceptance, Inc. re #10 MOTION to Dismiss MOTION to Compel Arbitration MOTION for Judgment on Pleadings (McCarty, Natalie)
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Filing 10
MOTION TO DISMISS, FOR JUDGEMENT ON THE PLEADINGS OR COMPEL ARBITRATION filed by Strike Acceptance, Inc. (McCarty, Natalie) Modified text on 1/19/2024 (kaf).
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Filing 9
ANSWER to Complaint filed by Strike Acceptance, Inc.. 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 - Reassignment of Contract) (McCarty, Natalie)
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Filing 8
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by NTX Auto Group, Incorporated. (Clerk QC note: No affiliate entered in ECF). (Aguilar, Daniel)
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Filing 7
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sandra Gomez. (Clerk QC note: No affiliate entered in ECF). (Scott, R)
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Filing 6
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 1/8/2024) (chmb)
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Filing 5
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 1/8/2024) (chmb)
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Filing 4
Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Ed Kinkeade for all further proceedings. Future filings should indicate the case number as: 3:24-cv-028-K. (axm)
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Filing 3
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 Horan). Clerk to provide copy to plaintiff if not received electronically. (cfk)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Strike Acceptance, Inc.. (Clerk QC note: Affiliate entry indicated). (McCarty, Natalie)
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Filing 1
NOTICE OF REMOVAL filed by Strike Acceptance, Inc.. (Filing fee $405; receipt number ATXNDC-14287943) 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) Petition, #2 Exhibit(s) Return of Service, #3 Exhibit(s) Consent, #4 Exhibit(s) Index/Docket/Pleadings, #5 Cover Sheet, #6 Cover Sheet Supplement) (McCarty, Natalie)
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