Frazier et al v. Martinez
| Marley Jada Frazier and Tyler Damon Lattimore |
| David Anthony Martinez |
| David Anthony Martinez |
| Marley Jada Frazier and Tyler Damon Lattimore |
| 3:2025cv00263 |
| February 2, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Brian McKay |
| Real Property: All Other Real Property |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 17 ANSWER to Counterclaim filed by Marley Jada Frazier, Tyler Damon Lattimore. Related document: #10 Answer to Complaint,,, Counterclaim,, (Lattimore, Tyler) |
| Filing 16 NOTICE of Attorney Appearance by Walker Steven Young on behalf of David Anthony Martinez. (Filer confirms contact info in ECF is current.) (Young, Walker) |
Filing 15
ORDER REQUIRING CONFERENCE AND JOINT STATUS REPORT. Plaintiffs and Defendant's counsel shall confer in person or by telephone not later than 3/24/2025. Joint Status Report due by 4/14/2025. (Ordered by US Magistrate Judge Brian McKay on 3/10/2025) (cfk)
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| Filing 14 ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel in any case in which "an attorney appearing in a case does not reside or maintain the attorney's principal office in" the Northern District of Texas even where an attorney resides or maintains the attorney's principal office outside the Northern District of Texas but within 50 miles of the courthouse in the division in which the case is pending in this district (here, the Dallas Division)."Local counsel" means an attorney who (1) is a member of the bar of (that is, is admitted to practice in) the Northern District of Texas, (2) resides or maintains the attorney's principal office in the Northern District of Texas, and (3) has a residence or principal office that is located within 50 miles of the courthouse in the division in which the case is pending.Attorneys who are subject to Local Civil Rule 83.10(a) and wish to proceed without local counsel must obtain leave from the presiding judge by filing a motion for leave to proceed without local counsel.By March 31, 2025, Defendant 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 US Magistrate Judge Brian McKay on 3/10/2025) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by David Anthony Martinez. (Clerk QC note: No affiliate entered in ECF). (Garrett, Tommy) (Main Document 13 replaced to flatten on 3/11/2025) (kaf). |
| Filing 12 ANSWER to #1 Complaint, filed by David Anthony Martinez. 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. (Garrett, Tommy) |
| Filing 11 NOTICE of Errata filed by David Anthony Martinez (Attachments: #1 Exhibit(s) Redlined Original Answer) (Garrett, Tommy) |
| Filing 10 Defendant's Original ANSWER to #1 Complaint, filed by David Anthony Martinez. 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., COUNTERCLAIM against Marley Jada Frazier, Tyler Damon Lattimore filed by David Anthony MartinezAttorney Tommy Chase Garrett added to party David Anthony Martinez(pty:dft) (Garrett, Tommy) |
| Filing 9 ELECTRONIC ORDER granting #8 Motion to Proceed without Local Counsel (Ordered by US Magistrate Judge Brian McKay on 2/24/2025) |
| Filing 8 MOTION for Leave to Proceed Without Local Counsel filed by Marley Jada Frazier, Tyler Damon Lattimore (Attachments: #1 Proposed Order) (Lattimore, Tyler) |
| Filing 7 ELECTRONIC ORDER: Plaintiffs are both licensed attorneys who are admitted to practice, are appearing in this action pro se, and maintain principal offices outside the Northern District of Texas.Local Civil Rule 83.10(a) requires the appearance of local counsel in any case in which "an attorney appearing in a case does not reside or maintain the attorney's principal office in" the Northern District of Texas."Local counsel" means an attorney who (1) is a member of the bar of (that is, is admitted to practice in) the Northern District of Texas, (2) resides or maintains the attorney's principal office in the Northern District of Texas, and (3) has a residence or principal office that is located within 50 miles of the courthouse in the division in which the case is pending.Attorneys who are subject to Local Civil Rule 83.10(a) and wish to proceed without local counsel must obtain leave from the presiding judge by filing a motion for leave to proceed without local counsel.By March 14, 2025, Plaintiffs 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, 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 US Magistrate Judge Brian McKay on 2/21/2025) |
| Filing 6 SUMMONS Returned Executed as to David Anthony Martinez; served on 2/17/2025. (Attachments: #1 Affidavit of Service) (Lattimore, Tyler) |
| Filing 4 Summons Issued as to David Anthony Martinez. (kcr) |
| 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 McKay). Clerk to provide copy to plaintiff if not received electronically. (kcr) |
| Case Referred to US Magistrate Judge Brian McKay per Chambers. (kcr) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Marley Jada Frazier, Tyler Damon Lattimore. (Clerk QC note: Affiliate entry indicated). (Lattimore, Tyler) |
| Filing 1 COMPLAINT WITH JURY DEMAND against David Anthony Martinez filed by Tyler Damon Lattimore, Marley Jada Frazier. (Filing fee $405; Receipt number ATXNDC-15232697) 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. (Attachments: #1 Exhibit A - Warranty Deed with Vendors Lien from Defendant to Plaintiffs, #2 Exhibit B - Sellers Disclosure Notice, #3 Exhibit C - General Warranty Deed from D.R. Horton - Texas, LTD to Defendant, #4 Exhibit D - Defendant-Plaintiffs Contract and Sale Agreement, #5 Exhibit E - Townhome Inspection Report, #6 Exhibit F - Texas Disclosure, Form T-64, #7 Exhibit G - Declaration of David Espinoza, #8 Exhibit H - Water Damage Pictures of Third-Floor Ceiling and Fourth-Floor Rooftop, #9 Exhibit I - Third-Floor Ceiling Pictures, #10 Exhibit J - Email Between Steve Hambrick, D.R. Horton, and Defendant, #11 Exhibit K - Limatex Pro Services Renovations Estimate, #12 Exhibit L - Checks Made Payable to Limatex Pro Services, #13 Exhibit M - Plaintiffs-Third Party Contract and Sale Agreement, #14 Exhibit N - Water Damage Picture of First-Floor Ceiling and Full Room Picture, #15 Exhibit O - Plaintiffs-Third Party Modified Contract and Sale Agreement, #16 Exhibit P - General Warranty Deed from Plaintiffs to Third-Party Buyer, #17 Cover Sheet) (Lattimore, Tyler) |
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