Wyndham Properties II, Ltd. v. Buca Texas Restaurants LP
| Wyndham Properties II, Ltd. and Wyndham Properties II Ltd |
| Buca Texas Restaurant, LP and Buca Texas Restaurants LP |
| ADR Provider |
| 4:2022cv00166 |
| March 4, 2022 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Hal R Ray |
| Real Property: Rent Lease & Ejectment |
| Defendant |
Docket Report
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This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.
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Filing 90
Memorandum Opinion and Order: The Court GRANTS Buca's Motion in part and ORDERS Wyndham to pay Buca $120,359.90 in attorney fees, $5,048.61 in costs, and post judgment interest on the entire amount of the judgment ($125,408.51) at the current federal rate of 5.06 percent per annum from the date of judgment until it is paid in full. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/7/2023) (fba)
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Filing 89
ORDER: After considering the pleadings and applicable legal authorities, the Court DENIES Plaintiff's Motion. ECF No. #82 . (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/7/2023) (fba)
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Filing 88
Appendix in Support filed by Buca Texas Restaurants LP re #87 Reply (O'Kane, Rusty)
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Filing 87
REPLY filed by Buca Texas Restaurants LP re: #79 MOTION for Attorney Fees (Attachments: #1 Proposed Order) (O'Kane, Rusty)
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Filing 86
Appendix in Support filed by Buca Texas Restaurants LP re #85 Response/Objection (O'Kane, Rusty)
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Filing 85
RESPONSE filed by Buca Texas Restaurants LP re: #82 MOTION for Discovery (O'Kane, Rusty)
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Filing 84
Appendix in Support filed by Wyndham Properties II Ltd re #83 Response/Objection (Devenport, Russell)
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Filing 83
RESPONSE AND OBJECTION filed by Wyndham Properties II Ltd re: #79 MOTION for Attorney Fees (Attachments: #1 Proposed Order on Def's Motion for Attys' Fees) (Devenport, Russell)
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Filing 82
MOTION for Discovery filed by Wyndham Properties II Ltd with Brief/Memorandum in Support. (Bettinger, Nicholas)
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Filing 81
Appendix in Support filed by Buca Texas Restaurants LP re #79 MOTION for Attorney Fees (O'Kane, Rusty)
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Filing 80
Brief/Memorandum in Support filed by Buca Texas Restaurants LP re #79 MOTION for Attorney Fees (O'Kane, Rusty)
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Filing 79
MOTION for Attorney Fees filed by Buca Texas Restaurants LP with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (O'Kane, Rusty)
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Filing 78
JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that Plaintiff take nothing and that this action is hereby DISMISSED with prejudice. Costs shall be borne by Plaintiff. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/20/2022) (fba)
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Filing 77
JURY VERDICT. (edm)
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Filing 76
Court's Exhibit List from Jury Trial held 12/6/2022. (edm)
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Filing 75
Minute Entry for proceedings held before Magistrate Judge Hal R. Ray, Jr: Jury Trial on 12/6/2022. Attorney Appearances: Plaintiff - Nicholas Scot Bettinger, Russell A Devenport; Defense - Rusty O'Kane, Alexandra Wales Wahl, Stafford Powell Brantley. (Exhibits admitted)(Court Reporter Debbie Kriegshauser.) (edm)
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Filing 74
Proposed Jury Charge filed by Buca Texas Restaurants LP. (O'Kane, Rusty)
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Filing 73
Brief/Memorandum in Support filed by Buca Texas Restaurants LP re #72 MOTION for Judgment -Motion for Directed Verdict (O'Kane, Rusty)
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Filing 72
MOTION for Judgment -Motion for Directed Verdict filed by Buca Texas Restaurants LP (Attachments: #1 Proposed Order) (O'Kane, Rusty)
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Filing 71
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Hal R. Ray, Jr: Jury Selection held on 12/5/2022. Attorney Appearances: Plaintiff - Nicholas Scot Bettinger, Russell A Devenport; Defense - Rusty O'Kane, Alexandra Wales Wahl, Stafford Powell Brantley. (Court Reporter: Debbie Kriegshauser) (No exhibits) Time in Court - 2:40. (edm)
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Filing 70
ORDER ON #46 MOTION IN LIMINE: The Court GRANTS Defendant's Motion in Limine Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 18, and 19. The Court DENIES Defendant's Motion in Limine Nos. 11, 13, and 17. Any Motion in Limine denied by this Order may be raised again at trial by an appropriate objection during the presentation of the evidence. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/2/2022) (bdb)
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Filing 69
PRETRIAL ORDER ON EXHIBITS: (See Order for Specifics) (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/2/2022) (bdb)
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Filing 68
OBJECTION filed by Wyndham Properties II Ltd re: #65 Proposed Jury Charge/Instructions (Bettinger, Nicholas)
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Filing 67
Proposed Jury Charge filed by Wyndham Properties II Ltd. (Bettinger, Nicholas)
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Filing 66
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Hal R. Ray, Jr: Pretrial Conference held on 11/30/2022. Attorney Appearances: Plaintiff - Nicholas Scot Bettinger; Defense - Rusty O'Kane, Alexandra Wales Wahl, Stafford Powell Brantley. (Court Reporter: Digital File) (No exhibits) Time in Court - 1:26. (edm)
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Filing 65
Proposed Jury Charge filed by Buca Texas Restaurants LP. (O'Kane, Rusty)
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Filing 64
RESPONSE to a Magistrate Judge Order #60 ORDER: Responses due by 11/30/2022. Pretrial Conference set for 12/1/2022 at 10:00 AM in US Courthouse, Courtroom 508, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Hal R. Ray Jr. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/28/2022) (sre) . (O'Kane, Rusty)
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Filing 63
ORDER FOR PARTIAL SEQUESTER. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/30/2022) (edm)
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Filing 62
ORDER: Pretrial Conference RESET for 11/30/2022 at 3:00 PM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Hal R. Ray Jr. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/29/2022) (tjc)
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Filing 61
Proposed Voir Dire by Buca Texas Restaurants LP. (O'Kane, Rusty)
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Filing 60
ORDER: Responses due by 11/30/2022. Pretrial Conference set for 12/1/2022 at 10:00 AM in US Courthouse, Courtroom 508, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Hal R. Ray Jr. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/28/2022) (sre)
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Filing 59
Exhibit List by Buca Texas Restaurants LP. (Attachments: #1 Exhibit(s) A) (O'Kane, Rusty)
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Filing 58
Witness List by Buca Texas Restaurants LP. (O'Kane, Rusty)
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Filing 57
Witness List by Wyndham Properties II Ltd. (Bettinger, Nicholas)
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Filing 56
Exhibit List by Wyndham Properties II Ltd. (Bettinger, Nicholas)
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Filing 55
Objections to Defendant's Pretrial Disclosures filed by Wyndham Properties II Ltd. (Bettinger, Nicholas)
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Filing 54
Objections to Plaintiff's Pretrial Disclosures filed by Buca Texas Restaurants LP. (Attachments: #1 Exhibit(s) A - Plaintiff's Pretrial Disclosures) (O'Kane, Rusty)
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Filing 53
Brief/Memorandum in Support filed by Wyndham Properties II Ltd re #52 Response/Objection to Defendant's Motion in Limine (Bettinger, Nicholas)
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Filing 52
RESPONSE filed by Wyndham Properties II Ltd re: #46 MOTION in Limine (Bettinger, Nicholas)
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Filing 51
ORDER: Plaintiff's Unopposed Motion for Leave to Respond to Defendant's Motion in Limine filed on November 15, 2022. ECF No. #49 . Noting that it is unopposed, and for good cause shown, the Court GRANTS the Motion (ECF No. #49 ).It is therefore ORDERED that Plaintiff shall file its response to Defendant's Motion in Limine instanter. Except as modified by this Order and previously entered orders, the deadlines contained in the Scheduling Order filed on April 21, 2022 (ECF No. #17 ) remain in force and effect. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/16/2022) (fba)
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Filing 50
Brief/Memorandum in Support filed by Wyndham Properties II Ltd re #49 Unopposed MOTION for Leave to File Response to Defendant's Motion in Limine (Bettinger, Nicholas)
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Filing 49
Unopposed MOTION for Leave to File Response to Defendant's Motion in Limine filed by Wyndham Properties II Ltd (Bettinger, Nicholas)
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Filing 48
Memorandum Opinion and Order: Because the lease provisions related to default and notice are ambiguous, the Court finds that there are genuine disputes of material fact in this case such that a reasonable jury could return a verdict for the nonmoving parties. Accordingly, the Court DENIES Plaintiff's Motion for Summary Judgment (ECF No. #21 ) and Defendant's Partial Motion for Summary Judgment (ECF No. #24 ). (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/14/2022) (fba)
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Filing 47
Brief/Memorandum in Support filed by Buca Texas Restaurants LP re #46 MOTION in Limine (O'Kane, Rusty)
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Filing 46
MOTION in Limine filed by Buca Texas Restaurants LP with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (O'Kane, Rusty)
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Filing 45
DEFENDANTS SECOND AMENDED ANSWER AND AFFIRMATIVE DEFENSES to #11 SECOND AMENDED COMPLAINT,, filed by Buca Texas Restaurants LP. (fba)
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Filing 44
ORDER: After reviewing the Motion and Opposition, applicable legal authorities, and for good cause shown, the Court GRANTS the Motion. ECF No. #33 .Accordingly, the Clerk SHALL FILE Defendants Amended Answer, previously filed as ECF No. 33-1. (Ordered by Magistrate Judge Hal R. Ray, Jr on 10/31/2022) (fba)
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Filing 43
Appendix in Support filed by Wyndham Properties II Ltd re #42 Response/Objection to Defendant's Motion for Leave to Amend Answer (Bettinger, Nicholas)
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Filing 42
RESPONSE filed by Wyndham Properties II Ltd re: #33 MOTION for Leave to File Amended Answer (Bettinger, Nicholas)
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Filing 41
ORDER: Plaintiff SHALL FILE a response to the Motion or pleading stating its lack of opposition to the Motion (ECF No. #33 on or before October 28, 2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 10/25/2022) (fba)
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Filing 40
OBJECTION filed by Buca Texas Restaurants LP re: #32 Appendix in Support, #23 Appendix in Support (Attachments: #1 Proposed Order) (O'Kane, Rusty)
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Filing 39
Appendix in Support filed by Buca Texas Restaurants LP re #38 Brief/Memorandum in Support of Motion for Summary Judgment (O'Kane, Rusty)
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Filing 38
Brief/Memorandum in Support filed by Buca Texas Restaurants LP re #37 Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment (O'Kane, Rusty)
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Filing 37
REPLY filed by Buca Texas Restaurants LP re: #24 MOTION for Partial Summary Judgment (O'Kane, Rusty)
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Filing 36
REPLY filed by Wyndham Properties II Ltd re: #21 MOTION for Summary Judgment (Bettinger, Nicholas)
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Filing 35
Appendix in Support filed by Buca Texas Restaurants LP re #34 Brief/Memorandum in Support of Motion for Leave to File Amended Answer (O'Kane, Rusty)
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Filing 34
Brief/Memorandum in Support filed by Buca Texas Restaurants LP re #33 MOTION for Leave to File Amended Answer (Attachments: #1 Exhibit(s) A) (O'Kane, Rusty)
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Filing 33
MOTION for Leave to File Amended Answer filed by Buca Texas Restaurants LP with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (O'Kane, Rusty)
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Filing 32
Appendix in Support filed by Wyndham Properties II Ltd re #31 Brief/Memorandum in Support of Motion (Bettinger, Nicholas)
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Filing 31
Brief/Memorandum in Support filed by Wyndham Properties II Ltd re #30 Response/Objection to Defendant's Motion for Summary Judgment (Bettinger, Nicholas)
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Filing 30
RESPONSE filed by Wyndham Properties II Ltd re: #24 MOTION for Partial Summary Judgment (Bettinger, Nicholas)
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Filing 29
Appendix in Support filed by Buca Texas Restaurants LP re #27 Response/Objection to Plaintiff's Motion for Summary Judgment (O'Kane, Rusty)
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Filing 28
Brief/Memorandum in Support filed by Buca Texas Restaurants LP re #27 Response/Objection to Plaintiff's Motion for Summary Judgment (O'Kane, Rusty)
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Filing 27
RESPONSE filed by Buca Texas Restaurants LP re: #21 MOTION for Summary Judgment (O'Kane, Rusty)
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Filing 26
Appendix in Support filed by Buca Texas Restaurants LP re #24 MOTION for Partial Summary Judgment , #25 Brief/Memorandum in Support of Motion (O'Kane, Rusty)
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Filing 25
Brief/Memorandum in Support filed by Buca Texas Restaurants LP re #24 MOTION for Partial Summary Judgment (O'Kane, Rusty)
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Filing 24
MOTION for Partial Summary Judgment filed by Buca Texas Restaurants LP with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (O'Kane, Rusty)
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Filing 23
Appendix in Support filed by Wyndham Properties II Ltd re #22 Brief/Memorandum in Support of Motion, #21 MOTION for Summary Judgment (Bettinger, Nicholas)
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Filing 22
Brief/Memorandum in Support filed by Wyndham Properties II Ltd re #21 MOTION for Summary Judgment (Bettinger, Nicholas)
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Filing 21
MOTION for Summary Judgment filed by Wyndham Properties II Ltd (Attachments: #1 Proposed Order) (Bettinger, Nicholas)
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Filing 20
SETTLEMENT CONFERENCE REPORT filed by Buca Texas Restaurants LP. (O'Kane, Rusty)
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Filing 19
ORDER granting #18 Agreed Motion for Leave to Extend Mediation Deadline. Deadline for mediation is on or before 6/29/2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/26/2022) (npk)
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Filing 18
Agreed MOTION to Extend Time Mediation Deadline to June 29, 2022 filed by Buca Texas Restaurants LP (Attachments: #1 Proposed Order) (Brantley, Stafford)
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Filing 17
SCHEDULING ORDER: Joinder of Parties due by 6/20/2022. Amended Pleadings due by 6/20/2022. Motions due by 9/19/2022. Deadline for mediation is on or before 6/13/2022. Discovery due by 10/28/2022. Pretrial Order due by 11/22/2022. Jury Trial set for 12/5/2022 09:00 AM in US Courthouse, Courtroom 501, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Hal R. Ray Jr. (Ordered by Magistrate Judge Hal R. Ray, Jr on 4/21/2022) (wxc)
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Filing 16
MEMORANDUM OPINION AND ORDER denying #8 Motion to Remand filed by Wyndham Properties II Ltd. (Ordered by Magistrate Judge Hal R. Ray, Jr on 4/20/2022) (npk)
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Filing 15
ORDER: CONSENT to Proceed Before a U.S. Magistrate Judge by all parties and Order Reassigning Case. Case reassigned to Magistrate Judge Hal R. Ray, Jr for all further proceedings. Judge Mark Pittman no longer assigned to case. (Ordered by Judge Mark Pittman on 4/14/2022) (bdb)
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Filing 14
Joint STATUS REPORT filed by Buca Texas Restaurants LP. (O'Kane, Rusty)
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Filing 13
ANSWER to #11 Amended Complaint,, filed by Buca Texas Restaurants LP. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (O'Kane, Rusty)
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Filing 12
RESPONSE filed by Buca Texas Restaurants LP re: #8 MOTION to Remand (Attachments: #1 Exhibit(s) 1 - Declaration of Jeffrey C. Sirolly, #2 Exhibit(s) 2 - Buca Investment Profile, #3 Exhibit(s) 3 - Buca Restaurants Profile, #4 Proposed Order Proposed Order) (O'Kane, Rusty)
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Filing 11
AMENDED COMPLAINT against Buca Texas Restaurants LP filed by Wyndham Properties II, Ltd.. 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. (Bettinger, Nicholas)
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Filing 10
ORDER: Responses due by 3/30/2022 re: #8 MOTION to Remand. (Ordered by Judge Mark Pittman on 3/23/2022) (npk)
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Filing 9
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wyndham Properties II, Ltd.. (Bettinger, Nicholas)
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Filing 8
MOTION to Remand filed by Wyndham Properties II, Ltd. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Bettinger, Nicholas)
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Filing 7
ORDER: Lead counsel for each party and any unrepresented party shall confer in a face-to-face conference as soon as practicable. The Joint Report shall be filed on or before April 13, 2022. (Ordered by Judge Mark Pittman on 3/14/2022) (bdb)
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Filing 6
ORDER: The Court ORDERS that on or before March 28, 2022, Plaintiff must file an amended complaint. On or before April 11, 2022, Defendant must file an answer or other response to the amended complaint. (Ordered by Judge Mark Pittman on 3/14/2022) (bdb)
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Filing 5
ANSWER to Complaint (Notice of Removal) filed by Buca Texas Restaurants LP Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. ***FILED USING THE COURT'S EMERGENCY FILING EMAIL ADDRESS.*** (rekc)
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Filing 4
ORDER OF TRANSFER. The Court finds it is in the interests of justice and judicial economy to transfer this case. The case was originally removed and assigned to Judge Mark Pittman as Civil Case No. 4:22-cv00165-P. Defendant immediately refiled after that action was remanded for failure to comply with the Local Rules. Accordingly, the Court TRANSFERS this action to Judge Pittman of the Fort Worth Division of the Northern District of Texas. Case reassigned to Judge Mark Pittman for all further proceedings. Judge Reed C. O'Connor no longer assigned to case. (Ordered by Judge Reed C. O'Connor on 3/7/2022) (npk)
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Filing 3
New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bdb)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Buca Texas Restaurant, LP. (O'Kane, Rusty)
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Filing 1
NOTICE OF REMOVAL filed by Buca Texas Restaurant, LP. (Filing fee $402; receipt number 0539-12645972) 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 Additional Page(s) Notice of Removal with Exhibits) (O'Kane, Rusty)
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