Zidell et al v. East West Bank et al
| Michael B ZIDELL, Michael B Zidell 2016 Exempt Lifetime Trust and Michael B Zidell 1997 Exempt Lifetime Trust |
| Cathay Bank, East West Bank and Citibank NA |
| 3:2024cv02340 |
| September 16, 2024 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Torts/Pers Prop: Other Fraud |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
Docket Report
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Filing 15
Order for Scheduling Order Proposal: Proposed Scheduling Order due by 12/2/2024. (Ordered by Senior Judge Sidney A Fitzwater on 11/4/2024) (ndt)
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Filing 14
ORDER GRANTING #13 DEFENDANT CITIBANK, N.A.s UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS COMPLAINT. Citibank NA answer due 12/6/2024. (Ordered by Senior Judge Sidney A Fitzwater on 10/31/2024) (kaf)
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| Filing 13 Unopposed Motion for Extension of Time to File Answer to Plaintiff's First Amended Complaint filed by Citibank NA (Attachments: #1 Proposed Order)Attorney Brandon Len King added to party Citibank NA(pty:dft) (King, Brandon) |
| Filing 12 NOTICE of Attorney Appearance by Kent Hofmann on behalf of Cathay Bank, East West Bank. (Filer confirms contact info in ECF is current.) (Hofmann, Kent) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File Answer. Cathay Bank and East West Bank answer due 11/6/2024. (Ordered by Senior Judge Sidney A Fitzwater on 10/11/2024) (ndt)
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| Filing 10 Unopposed Motion for Extension of Time to File Answer filed by Cathay Bank, East West Bank (Attachments: #1 Proposed Order)Attorney Roger B Cowie added to party Cathay Bank(pty:dft), Attorney Roger B Cowie added to party East West Bank(pty:dft) (Cowie, Roger) |
| Filing 9 SUMMONS Returned Executed as to Citibank NA; served on 9/26/2024. (agc) |
| Filing 8 SUMMONS Returned Executed as to Cathay Bank; served on 9/25/2024; East West Bank; served on 9/25/2024. (Attachments: #1 East West Bank) (agc) |
| Filing 7 AMENDED COMPLAINT WITH JURY DEMAND against Cathay Bank, Citibank NA, East West Bank filed by Michael B Zidell, Michael B Zidell 1997 Exempt Lifetime Trust, Michael B Zidell 2016 Exempt Lifetime Trust. 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. (Gameros, Charles) |
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Filing 6
Plaintiffs' complaint, filed 9/16/2024, appears to predicate subject matter jurisdiction upon diversity of citizenship, 28 U.S.C. 1332, but fails to allege properly the citizenship of plaintiffs Michael B. Zidell ("Zidell"), the Michael B. Zidell 1997 Exempt Lifetime Trust ("1997 Trust"), and the Michael B. Zidell 2016 Exempt Lifetime Trust ("2016 Trust"), and of defendants East West Bank (East West), Cathay Bank (Cathay), and Citibank, N.A. ("Citibank"), for the following reasons: Failure to allege individual's citizenship as opposed to state of residency. Failure to allege corporations principal place of business. Failure to properly plead the citizenship of a trust. Failure to plead the state in which a national bank's main office is located. No later than 14 days from the date of this order, plaintiffs must file an amended complaint that properly alleges diversity of citizenship, in conformity with 28 U.S.C. 1332; otherwise, this action will be dismissed without prejudice for lack of subject matter jurisdiction. (Ordered by Senior Judge Sidney A Fitzwater on 9/23/2024) (agc)
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| Filing 5 Summons Issued as to Cathay Bank, Citibank NA, East West Bank. (ykp) |
| Filing 4 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. (ykp) |
| Filing 3 ADDITIONAL ATTACHMENTS (Civil Cover Sheet) to #1 Complaint by Plaintiffs Michael B Zidell 1997 Exempt Lifetime Trust, Michael B Zidell 2016 Exempt Lifetime Trust, Michael B Zidell. (Gameros, Charles) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael B. Zidell 1997 Exempt Lifetime Trust, Michael B. Zidell 2016 Exempt Lifetime Trust, Michael B ZIDELL. (Clerk QC note: No affiliate entered in ECF). (Gameros, Charles) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Cathay Bank, Citibank, N.A., East West Bank filed by Michael B ZIDELL, Michael B. Zidell 1997 Exempt Lifetime Trust, Michael B. Zidell 2016 Exempt Lifetime Trust. (Filing fee $405; Receipt number ATXNDC-14922025) Clerk to issue summons(es). 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, 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. (Gameros, Charles) |
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