Davis v. Dow et al
| John Davis |
| Inga Dow, Keller Williams Realty, Inc., Gary Keller and Josh Team |
| 4:2022cv00970 |
| October 27, 2022 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 60
ORDER: Before the Court is Defendants' Motion to Find Plaintiff in Contempt (ECF No. #58 ), filed September 27, 2023. To expedite resolution of this matter, the Court ORDERS that Plaintiff's response is due on or before October 3, 2023. Defendants may submit a reply, if any, no later than October 6, 2023. (Ordered by Judge Reed C. O'Connor on 9/28/2023) (sre) (Main Document 60 replaced on 9/28/2023) (sre).
|
| Filing 59 Appendix in Support filed by Gary Keller, Keller Williams Realty, Inc., Josh Team re #58 MOTION and Incorporated Brief to Find Plaintiff John Davis in Contempt (Barnard, M) |
| Filing 58 MOTION filed by Gary Keller, Keller Williams Realty, Inc., Josh Team with Brief/Memorandum in Support. (Barnard, M) |
| Filing 57 NOTICE of Attorney Appearance by M Scott Barnard for Brian G. Patterson on behalf of Gary Keller, Keller Williams Realty, Inc., Josh Team. (Barnard, M) |
| Filing 56 NOTICE of Attorney Appearance by M Scott Barnard on behalf of Gary Keller, Keller Williams Realty, Inc., Josh Team. (Filer confirms contact info in ECF is current.) (Barnard, M) |
| Filing 55 JUDGMENT/MANDATE of USCA No. 23-10305 as to #53 Notice of Appeal, filed by John Davis. Accordingly, the Appellees motion to dismiss for lack of jurisdiction is GRANTED. This appeal is DISMISSED. Issued as Mandate: 6/15/2023. (Attachments: #1 USCA5 Cover Letter) (tle) |
| Filing 54 Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 3.13.23 before Judge Reed C. O'Connor. Court Reporter/Transcriber Zoie Williams, Telephone number 817.850.6630. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (11 pages) Redaction Request due 5/9/2023. Redacted Transcript Deadline set for 5/19/2023. Release of Transcript Restriction set for 7/17/2023. (zow) |
| Filing 53 NOTICE OF APPEAL to the Fifth Circuit by John Davis. Filing fee $505, receipt number ATXNDC-13611177. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Miltenberg, Andrew) |
|
Filing 52
ORDER: On March 13, 2023, the Court held a hearing for this case. See Minute Entry, ECF No. 51 . At that hearing, the Court took up Defendants Keller Williams Realty, Inc., Gary Keller, and Josh Team's Motion to Compel Arbitration Based Upon Plaintiffs Original Complaint (ECF No. #32 ), filed February 8, 2023. Having reviewed the parties' briefing and for the reasons stated on the record, the Court GRANTS Defendants' Motion (ECF No. #32 ). Therefore, all of Plaintiff's claims against Defendants are hereby COMPELLED to arbitration. Furthermore, all proceedings related to this case which are before this Court are hereby STAYED pending the results of arbitration. The Clerk is DIRECTED to stay and administratively close this case pursuant to this Order. Finally, within fourteen (14) days of the conclusion of arbitration, the parties SHALL file (1) a Joint Status Report and (2) either a motion to reopen this case or a motion to dismiss this case. (Ordered by Judge Reed C. O'Connor on 3/13/2023) (sre)
|
| Filing 51 ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Motion Hearing held on 3/13/2023 re: #32 MOTION to Compel Arbitration Based Upon Plaintiff's Original Complaint filed by Gary Keller, Josh Team, Keller Williams Realty, Inc.. Attorney Appearances: Plaintiff - James Crewse, Andrew Miltenberg, Janine Peress; Defense - Kristin Bauer, Ericha Brown, Eduardo Garza. (Court Reporter: Zoie Williams) (No exhibits) Time in Court - :6. (chmb) |
| Filing 50 REPLY filed by John Davis re: #35 (Document Restricted) Sealed Motion to Dismiss and Motion for Leave (Sealed pursuant to motion to seal) (Peress, Janine) |
|
Filing 49
ORDER: On February 8, 2023, Defendants filed their Motion to Compel Arbitration Based Upon Plaintiffs Original Complaint (ECF No. #32 ). The Court hereby sets that Motion for a hearing at 10:00 a.m. on Monday, March 13, 2023 in the Second Floor Courtroom of the Federal Courthouse in Fort Worth. Counsel for Plaintiff and Defendants are ORDERED to attend and to be prepared to address all issues related to the Motion. (Ordered by Judge Reed C. O'Connor on 3/1/2023) (sre)
|
| Filing 48 AMENDED DOCUMENT by Gary Keller, Josh Team, Keller Williams Realty, Inc.. Amendment to #46 Reply. . (Bauer, Kristin) |
| Filing 47 Appendix in Support filed by Gary Keller, Keller Williams Realty, Inc., Josh Team re #46 Reply to Motion to Compel Arbitration (Attachments: #1 Exhibit(s)) (Bauer, Kristin) |
| Filing 46 REPLY filed by Gary Keller, Keller Williams Realty, Inc., Josh Team re: #32 MOTION to Compel Arbitration Based Upon Plaintiff's Original Complaint (Bauer, Kristin) |
| Filing 45 Joint STATUS REPORT filed by John Davis. (Peress, Janine) |
|
Filing 44
ORDER:The Court finds that all three of Defendants' motions (ECF Nos. #35 , #38 , #43 ) should be DENIED, and that Plaintiff's motion (ECF No. #40 ) is MOOT. Please see order for additional details. (Ordered by Judge Reed C. O'Connor on 2/17/2023) (sre)
|
| Filing 43 (Document Restricted) Sealed Request to Immediately Seal Record Pending Ruling on Motions to Seal (Sealed pursuant to motion to seal) filed by Gary Keller, Keller Williams Realty, Inc., Josh Team (Bauer, Kristin) |
| Filing 42 RESPONSE filed by John Davis re: #32 MOTION to Compel Arbitration Based Upon Plaintiff's Original Complaint (Peress, Janine) |
|
Filing 41
ELECTRONIC ORDER on #40 Motion to Extend Time to File Response/Reply. The Defendants shall respond with their positions on this Motion #40 by Monday, February 20th, 2023. (Ordered by Judge Reed C. O'Connor on 2/16/2023) (chmb)
|
| Filing 40 EMERGENCY MOTION for Extension of Time to File Response/Reply to #35 (Document Restricted) Sealed Motion to Dismiss and Motion for Leave (Sealed pursuant to motion to seal), #32 MOTION to Compel Arbitration Based Upon Plaintiff's Original Complaint, #38 (Document Restricted) Defendants' 2nd Motion to Seal and Motion to Enter Protective Order (Sealed pursuant to motion to seal) filed by John Davis (Miltenberg, Andrew) Modified per text and phone call from attorney on 2/15/2023 (mmw). |
| Filing 39 CERTIFICATE of Conference re #32 MOTION to Compel Arbitration Based Upon Plaintiff's Original Complaint by Ericha Ramsey Brown on behalf of Inga Dow (Brown, Ericha) |
| Filing 38 (Document Restricted) Defendants' 2nd Motion to Seal and Motion to Enter Protective Order (Sealed pursuant to motion to seal) filed by Gary Keller, Keller Williams Realty, Inc., Josh Team (Bauer, Kristin) |
| Filing 37 REPLY filed by Inga Dow re: #22 Motion to Dismiss for Failure to State a Claim (Brown, Ericha) |
|
Filing 36
ORDER: Before the Court is Defendants Keller Williams Realty, Inc., Gary Keller, and Josh Team's Motion to Compel Arbitration Based Upon Plaintiffs Original Complaint (ECF No. #32 ), filed February 8, 2023. The Court hereby EXPEDITES briefing on this Motion. Plaintiff SHALL respond by February 16, 2023, and Defendants SHALL reply by February 20, 2023. Defendant Inga Dow SHALL provide her position on the Motion no later than February 13, 2023. (Ordered by Judge Reed C. O'Connor on 2/9/2023) (tjc)
|
| Filing 35 (Document Restricted) Sealed Motion to Dismiss and Motion for Leave (Sealed pursuant to motion to seal) filed by Gary Keller, Keller Williams Realty, Inc., Josh Team (Attachments: #1 Proposed Amendment, #2 Proposed Amendment) (Bauer, Kristin) |
| Filing 34 Appendix in Support filed by Gary Keller, Keller Williams Realty, Inc., Josh Team re #33 Brief/Memorandum in Support of Motion to Compel Arbitration (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Bauer, Kristin) |
| Filing 33 Brief/Memorandum in Support filed by Gary Keller, Keller Williams Realty, Inc., Josh Team re #32 MOTION to Compel Arbitration Based Upon Plaintiff's Original Complaint (Bauer, Kristin) |
| Filing 32 MOTION to Compel Arbitration Based Upon Plaintiff's Original Complaint filed by Gary Keller, Keller Williams Realty, Inc., Josh Team (Bauer, Kristin) |
| Filing 31 RESPONSE filed by John Davis re: #22 Motion to Dismiss for Failure to State a Claim (Peress, Janine) |
|
Filing 30
ORDER: Defendant Inga Dow's Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint (ECF No. #17 ) is MOOT. In its discretion and not finding good cause to grant Defendants' motions to consolidate, the Court DENIES both motions to consolidate (ECF Nos. #20 , #25 ). Defendants Keller Williams Realty, Inc., Gary Keller, and Josh Team SHALL file their answer or other responsive pleading by February 8, 2023. (Ordered by Judge Reed C. O'Connor on 1/25/2023) (mmw)
|
|
Filing 29
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before February 20, 2023. (Ordered by Judge Reed C. O'Connor on 1/23/2023) (sre)
|
| Filing 28 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Inga Dow. (Clerk QC note: No affiliate entered in ECF). (Brown, Ericha) |
| Filing 27 Appendix in Support filed by Gary Keller, Keller Williams Realty, Inc., Josh Team re #26 Brief/Memorandum in Support of Motion to Consolidate (Attachments: #1 Exhibit(s)) (Bauer, Kristin) |
| Filing 26 Brief/Memorandum in Support filed by Gary Keller, Keller Williams Realty, Inc., Josh Team re #25 MOTION to Consolidate Cases and Extend Deadline to Answer Complaint (Bauer, Kristin) |
| Filing 25 MOTION to Consolidate Cases and Extend Deadline to Answer Complaint filed by Gary Keller, Keller Williams Realty, Inc., Josh Team Attorney Kristin L Bauer added to party Josh Team(pty:dft) (Bauer, Kristin) |
| Filing 24 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gary Keller, Keller Williams Realty, Inc., Josh Team. (Clerk QC note: No affiliate entered in ECF). (Bauer, Kristin) |
| Filing 23 Brief/Memorandum in Support filed by Inga Dow re #22 Motion to Dismiss for Failure to State a Claim (Brown, Ericha) |
| Filing 22 Motion to Dismiss for Failure to State a Claim filed by Inga Dow (Brown, Ericha) |
| Filing 21 Appendix in Support filed by Inga Dow re #20 MOTION to Consolidate Cases (Brown, Ericha) |
| Filing 20 MOTION to Consolidate Cases filed by Inga Dow with Brief/Memorandum in Support. (Brown, Ericha) |
| Filing 19 SUMMONS Returned Executed as to Inga Dow ; served on 12/16/2022. (Crewse, James) |
| Filing 18 RESPONSE AND OBJECTION filed by John Davis re: #17 MOTION to Extend Time to file Responsive Pleadings (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Miltenberg, Andrew) |
| Filing 17 MOTION to Extend Time to file Responsive Pleadings filed by Inga Dow with Brief/Memorandum in Support. Attorney Ericha Ramsey Brown added to party Inga Dow(pty:dft) (Brown, Ericha) |
|
Filing 16
ORDER granting #15 ...pursuant to Federal Rule of Civil Procedure 4(e)(1) and of the Texas Rule of Civil Procedure 106(b), the Court GRANTS Plaintiffs Motion for Substituted Service (ECF No. #15 ) and ORDERS that service of the Summons and Complaint upon Defendant Inga Dow may be effected by leaving a copy of the Summons and Complaint with the security guard at the front gate of Defendant Dows residence. (Ordered by Judge Reed C. O'Connor on 12/14/2022) (wxc)
|
| Filing 15 MOTION Substituted Service of Process filed by John Davis (Attachments: #1 Exhibit(s) Affidavit ISO Motion for Substituted Service, #2 Proposed Order Proposed Order - subst service) (Miltenberg, Andrew) |
|
Filing 14
ORDER: On November 22, 2022, Defendants filed their Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs Complaint (ECF No. #11 ). Defendants request an extension until January 9, 2023 in order to synchronize the response schedule of all Defendants. Noting that the Motion is unopposed and that the extension would promote the efficient resolution of this dispute, the Court finds good cause and GRANTS the requested extension. Defendants SHALL file their answer or other responsive pleading no later than January 9, 2023. (Ordered by Judge Reed C. O'Connor on 12/1/2022) (sre)
|
|
Filing 13
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of JANINE L. PERESS. 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 Reed C. O'Connor on 11/28/2022) (chmb)
|
|
Filing 12
ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of ANDREW T. MILTENBERG. 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 Reed C. O'Connor on 11/28/2022) (chmb)
|
| Filing 11 Unopposed Motion for Extension of Time to File Answer filed by Gary Keller, Keller Williams Realty, Inc. with Brief/Memorandum in Support. (Bauer, Kristin) |
| Filing 10 WAIVER OF SERVICE Returned Executed as to Gary Keller. Waiver sent on 11/15/2022; Keller Williams Realty, Inc.. Waiver sent on 11/15/2022. (Crewse, James) |
| Filing 9 SUMMONS Returned Executed as to Keller Williams Realty, Inc. ; served on 11/1/2022. (Crewse, James) |
| Filing 8 WAIVER OF SERVICE Returned Executed as to Josh Team. Waiver sent on 11/9/2022. (Crewse, James) |
| Filing 7 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13277815) filed by John Davis (Attachments: #1 Exhibit(s) A - Certificate of Good Standing, #2 Proposed Order) (Peress, Janine) |
| Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13277721) filed by John Davis (Attachments: #1 Exhibit(s) A - Certificate of Good Standing, #2 Proposed Order) (Miltenberg, Andrew) |
| Filing 5 Summons Issued as to Inga Dow, Gary Keller, Keller Williams Realty, Inc., Josh Team. (sre) |
| Filing 4 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. (sre) |
| Filing 3 NOTICE of Related Case re: #1 Complaint, filed by John Davis (Crewse, James) Modified on 10/27/2022 (sre). |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by John Davis. (Clerk QC note: Affiliate entry indicated). (Crewse, James) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by John Davis. (Filing fee $402; Receipt number ATXNDC-13258051) 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 Cover Sheet Civil Cover Sheet) (Crewse, James) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
