Branham v. Bank of America NA
Plaintiff: Hope Branham
Defendant: Bank of America NA
Case Number: 4:2023cv00959
Filed: September 18, 2023
Court: US District Court for the Northern District of Texas
Presiding Judge: Reed C O'Connor
Referring Judge: Hal R Ray
Nature of Suit: Contract: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2023 Filing 17 RESPONSE filed by Hope Branham re: #14 Motion to Dismiss for Failure to State a Claim (Branham, Hope)
November 1, 2023 Opinion or Order Filing 16 ORDER: Before the Court is Defendant's #14 Motion to Dismiss Plaintiff's Complaint filed October 25, 2023. Plaintiff SHALL FILE any response to the Motion on or before November 15, 2023. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/1/2023) (mmw)
October 26, 2023 Filing 15 ANSWER to Complaint with Jury Demand filed by Hope Branham. 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. 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. (Branham, Hope)
October 25, 2023 Filing 14 Motion to Dismiss for Failure to State a Claim filed by Bank of America NA (Figari, Grant)
October 18, 2023 Filing 13 MOTION to Add Second Plaintiff filed by Hope Branham. (mms)
September 26, 2023 Opinion or Order Filing 12 ORDER: Before the Court is Defendant's Unopposed Motion for Extension of Time to Answer filed on September 25, 2023. ECF No. #11 . In the Motion, Defendant requests an extension until October 25, 2023 to file its responsive pleading. Id. at 2. Plaintiff does not oppose the Motion. Id. After reviewing the unopposed Motion and applicable legal authorities and for good cause shown, the Court GRANTS Defendant's Motion. Accordingly, Defendant SHALL file any answer or other pleading in response to Plaintiff's Petition to Withdraw Funds from Closed Account (ECF No. #2 -1) on or before October 25, 2023. (Ordered by Magistrate Judge Hal R. Ray, Jr on 9/26/2023) (sre)
September 25, 2023 Filing 11 Unopposed Motion for Extension of Time to File Answer filed by Bank of America NA (Attachments: #1 Proposed Order)Attorney Matthew David Durham added to party Bank of America NA(pty:dft) (Durham, Matthew)
September 19, 2023 Filing 10 First MOTION for Hearing filed by Hope Branham (Branham, Hope)
September 19, 2023 Filing 9 First MOTION to Appoint Counsel filed by Hope Branham (Branham, Hope)
September 19, 2023 Filing 8 RESPONSE filed by Hope Branham re: #7 O' Connor (FORT WORTH CASES),,, (Branham, Hope)
September 18, 2023 Filing 7 New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate No magistrate judge assigned preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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)
September 18, 2023 Opinion or Order Filing 6 Order transferring case to the Fort Worth Division of the Northern District of Texas. (Ordered by Judge Ed Kinkeade on 9/18/2023) (chmb)
September 18, 2023 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bank of America NA. (See document #1 -3 for image) (Clerk QC note: Affiliate entry indicated). (cfk)
September 18, 2023 Filing 4 Notice and Instruction to Pro Se Party. (cfk)
September 18, 2023 Filing 3 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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)
September 18, 2023 Filing 2 ADDITIONAL ATTACHMENTS to #1 Notice of Removal by Defendant Bank of America, NA. (Attachments: #1 Exhibit(s) Original Petition) (Durham, Matthew)
September 18, 2023 Filing 1 NOTICE OF REMOVAL filed by Bank of America, NA. (Filing fee $402; receipt number ATXNDC-14039454) 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Additional Page(s) Defendant's Corporate Disclosure Statement and Certificate of Interested Parties) (Figari, Grant) (Attachments 1 and 2 replaced to flatten pdf on 9/18/2023) (cfk).
September 18, 2023 NEW CASE NUMBER 4:23-cv-959 has been opened following the order of transfer entered in case number 3:23-cv-2078. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (rekc)

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Plaintiff: Hope Branham
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Defendant: Bank of America NA
Represented By: Grant Michael Figari
Represented By: Matthew David Durham
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