Happy State Bank v. Wells Fargo Bank, N.A. et al
Plaintiff: Happy State Bank d/b/a Goldstar Trust Company and Happy State Bank doing business as Goldstar Trust Company
Defendant: Wells Fargo Bank, N.A. and John Doe Defendants
Case Number: 4:2020cv02079
Filed: June 12, 2020
Court: US District Court for the Southern District of Texas
Presiding Judge: David Hittner
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2021 Opinion or Order Filing 43 ORDER OF DISMISSAL #32 . Case terminated on June 23, 2021 (Signed by Judge David Hittner) Parties notified.(ealexander, 4)
June 21, 2021 Minute Entry for proceedings held before Magistrate Judge Peter Bray. SETTLEMENT CONFERENCE held on 6/21/2021. Settlement reached and terms announced on the record. Settlement terms are sealed. Attorneys listed on the docket sheet can have access to the transcript without further order of the court. Appearances: William Patterson Huttenbach, Justin Ryan Opitz.(ERO:Yes), filed.(jmarchand, 4)
May 24, 2021 Opinion or Order Filing 42 ORDER Mediation Statement due 6/14/2021. Settlement Conference set for 6/21/2021 at 01:00 PM in Courtroom 703 before Magistrate Judge Peter Bray. Telephone Conference set for 6/18/2021 at 10:00 AM Courtroom 703 before Magistrate Judge Peter Bray(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
May 21, 2021 Opinion or Order Filing 41 ORDER granting #40 Motion for Extension of Time. Plaintiff is permitted an extension until July 12, 2021 to file its Response to defendant's Motion for Summary Judgment.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
May 20, 2021 Filing 40 Agreed MOTION for Extension of Time Response to Motion for Summary Judgment by Happy State Bank, filed. Motion Docket Date 6/10/2021. (Attachments: #1 Proposed Order)(Huttenbach, William)
May 18, 2021 Opinion or Order Filing 39 ORDER denying #38 Motion to Stay and for Entry of Agreed Amended Scheduling Order.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
May 17, 2021 Filing 38 Agreed MOTION to Stay and for Entry of Agreed Amended Scheduling Order by Wells Fargo Bank, N.A., filed. Motion Docket Date 6/7/2021. (Attachments: #1 Proposed Order)(Opitz, Justin)
April 26, 2021 Opinion or Order Filing 37 ORDER granting #36 Agreed Motion for Settlement Conference. This case is referred to United States Magistrate Judge Peter Bray for a settlement conference to be completed by July 2, 2021.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
April 23, 2021 Filing 36 Agreed MOTION for Settlement Conference by Wells Fargo Bank, N.A., filed. Motion Docket Date 5/14/2021. (Attachments: #1 Proposed Order)(Opitz, Justin)
April 15, 2021 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time. Plaintiff's time to respond to Wells Fargo Bank, N.A.'s Motion for Summary Judgment is extended to May 21, 2021.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
April 14, 2021 Filing 34 Unopposed MOTION for Extension of Time to Respond to Defendant's Motion for Summary Judgment by Happy State Bank, filed. Motion Docket Date 5/5/2021. (Attachments: #1 Exhibit Exhibit 1 - Letter Agreement, #2 Proposed Order Order)(Hightower, Donald)
April 14, 2021 Filing 33 LETTER OF AGREEMENT re: Response Deadline by Happy State Bank, filed.(Huttenbach, William)
March 31, 2021 Filing 32 MOTION for Summary Judgment by Wells Fargo Bank, N.A., filed. Motion Docket Date 4/21/2021. (Attachments: #1 Exhibit A, #2 Proposed Order)(Opitz, Justin)
February 8, 2021 Filing 31 ANSWER to #9 Amended Answer , filed by Wells Fargo Bank, N.A.. (Opitz, Justin)
January 26, 2021 Opinion or Order Filing 30 ORDER granting in part and denying in part #14 Motion to Dismiss. The motion is granted at to Happy's claims for money had and received, civil aiding and abetting, breach of a duty, negligence and gross negligence, and exemplary damages. The motion is denied as to Happy's claim for unjust enrichment and Wells Fargo's contentions as to standing and preemption.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
December 31, 2020 Filing 29 DESIGNATION OF EXPERT WITNESS LIST by Wells Fargo Bank, N.A., filed.(Chandler, Elizabeth)
November 30, 2020 Filing 28 DESIGNATION OF EXPERT WITNESS LIST by Happy State Bank, filed.(Huttenbach, William)
October 9, 2020 Opinion or Order Filing 27 ORDER denying as moot #4 Motion to Dismiss; denying #7 Motion to Remand.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
September 29, 2020 Filing 26 SURREPLY to #14 Defendant Wells Fargo Bank, N.A.'s Reply in support of its MOTION to Dismiss Plaintiff's First Amended Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim, filed by Happy State Bank. (ealexander, 4)
September 29, 2020 Opinion or Order Filing 25 ORDER granting #23 Motion for Leave to File Sur-Reply.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
September 25, 2020 Filing 24 RESPONSE in Opposition to #23 MOTION for Leave to File Sur-Reply, filed by Wells Fargo Bank, N.A.. (Chandler, Elizabeth)
September 25, 2020 Filing 23 MOTION for Leave to File Sur-Reply by Happy State Bank, filed. Motion Docket Date 10/16/2020. (Attachments: #1 Exhibit A, #2 Proposed Order)(Huttenbach, William)
September 14, 2020 Opinion or Order Filing 22 ORDER granting #21 Motion for Protective Order.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
September 11, 2020 Filing 21 Unopposed MOTION for Protective Order by Wells Fargo Bank, N.A., filed. Motion Docket Date 10/2/2020. (Attachments: #1 Proposed Order Agreed Protective Order)(Chandler, Elizabeth)
September 4, 2020 Filing 20 REPLY in Support of #14 MOTION to Dismiss First Amended Complaint, filed by Wells Fargo Bank, N.A.. (Chandler, Elizabeth)
August 28, 2020 Filing 19 RESPONSE to #18 Response to Motion (Summary of Response to Defendant's Motion to Dismiss Plaintiff's First Amended Complaint}, filed by Happy State Bank. (Huttenbach, William)
August 28, 2020 Filing 18 RESPONSE to #14 MOTION to Dismiss First Amended Complaint filed by Happy State Bank. (Attachments: #1 Tab 1, #2 Tab 2, #3 Tab 3)(Huttenbach, William)
August 19, 2020 Opinion or Order Filing 17 SCHEDULING ORDER. Trial Term: September/October 2021. ETT: 3 days. Bench trial. Amended Pleadings due by 9/18/2020. Joinder of Parties due by 9/18/2020 Pltf Expert Witness List due by 11/30/2020. Deft Expert Witness List due by 12/31/2020. Discovery due by 2/26/2021. Dispositive Motion Filing due by 3/31/2021. Non-Dispositive Motion Filing due by 3/31/2021. Joint Pretrial Order due by 8/31/2021.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4) (Main Document 17 replaced on 8/19/2020) (jmarchand, 4).
August 19, 2020 Filing 16 Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 8/19/2020. Scheduling order issued. Appearances: William Patterson Huttenbach, Justin Ryan Opitz.(Court Reporter: J. Sanchez), filed.(jmarchand, 4)
August 10, 2020 Filing 15 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Wells Fargo Bank, N.A., filed.(Opitz, Justin)
August 7, 2020 Filing 14 MOTION to Dismiss First Amended Complaint by Wells Fargo Bank, N.A., filed. Motion Docket Date 8/28/2020. (Attachments: #1 Proposed Order)(Chandler, Elizabeth)
July 29, 2020 Filing 13 RESPONSE in Opposition to #7 MOTION to Remand, filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Chandler, Elizabeth)
July 17, 2020 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time. The filing of a responsive pleadings to Plaintiff's First Amended Complaint is extended through August 7, 2020(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
July 15, 2020 Filing 11 Unopposed MOTION for Extension of Time to File Responsive Pleading to First Amended Complaint by Wells Fargo Bank, N.A., filed. Motion Docket Date 8/5/2020. (Attachments: #1 Proposed Order Granting Motion)(Opitz, Justin)
July 14, 2020 Opinion or Order Filing 10 ORDER granting #8 Motion for Extension of Time. Plaintiff's time to respond to Wells Fargo Bank's Motion to Dismiss Plaintiff's Complaint for Lack of Subject Matter Jurisdiction, and, Alternatively, Failure to State a Claim is extended to August 24, 2020.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
July 10, 2020 Filing 9 First AMENDED Complaint by Happy State Bank, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Huttenbach, William) (correction made per counsel) Modified on 7/13/2020 (MarcelleLaBee, 4).
July 10, 2020 Filing 8 Unopposed MOTION for Extension of Time to Respond to Defendant Wells Fargo Bank's Motion to Dismiss by Happy State Bank, filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Huttenbach, William)
July 10, 2020 Filing 7 MOTION to Remand by Happy State Bank, filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Huttenbach, William)
July 2, 2020 Filing 6 CERTIFICATE OF INTERESTED PARTIES by Happy State Bank, filed.(Huttenbach, William)
June 19, 2020 Filing 5 CERTIFICATE OF INTERESTED PARTIES by Wells Fargo Bank, N.A., filed.(Opitz, Justin)
June 19, 2020 Filing 4 MOTION to Dismiss by Wells Fargo Bank, N.A., filed. Motion Docket Date 7/10/2020. (Attachments: #1 Proposed Order granting MTD)(Chandler, Elizabeth)
June 16, 2020 Filing 3 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Wells Fargo Bank, N.A., filed.(Opitz, Justin)
June 15, 2020 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/19/2020 at 02:00 PM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(JacquelineMataadi, 4)
June 12, 2020 Filing 1 NOTICE OF REMOVAL from 189th JDC, Harris County, Texas, case number 202025726 (Filing fee $ 400 receipt number 0541-24793915) filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Civil Cover Sheet, #6 Exhibit 5)(Opitz, Justin)

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Defendant: Wells Fargo Bank, N.A.
Represented By: Justin Ryan Opitz
Represented By: Elizabeth Chandler
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Defendant: John Doe Defendants
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Plaintiff: Happy State Bank d/b/a Goldstar Trust Company
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Plaintiff: Happy State Bank doing business as Goldstar Trust Company
Represented By: William Patterson Huttenbach
Represented By: Donald B Hightower
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