Happy State Bank v. Wells Fargo Bank, N.A. et al
Happy State Bank d/b/a Goldstar Trust Company and Happy State Bank doing business as Goldstar Trust Company |
Wells Fargo Bank, N.A. and John Doe Defendants |
4:2020cv02079 |
June 12, 2020 |
US District Court for the Southern District of Texas |
David Hittner |
Contract: Other |
28 U.S.C. § 1332 Diversity-(Citizenship) |
None |
Docket Report
This docket was last retrieved on June 23, 2021. A more recent docket listing may be available from PACER.
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Filing 43 ORDER OF DISMISSAL #32 . Case terminated on June 23, 2021 (Signed by Judge David Hittner) Parties notified.(ealexander, 4) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 33 LETTER OF AGREEMENT re: Response Deadline by Happy State Bank, filed.(Huttenbach, William) |
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) |
Filing 31 ANSWER to #9 Amended Answer , filed by Wells Fargo Bank, N.A.. (Opitz, Justin) |
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) |
Filing 29 DESIGNATION OF EXPERT WITNESS LIST by Wells Fargo Bank, N.A., filed.(Chandler, Elizabeth) |
Filing 28 DESIGNATION OF EXPERT WITNESS LIST by Happy State Bank, filed.(Huttenbach, William) |
Filing 27 ORDER denying as moot #4 Motion to Dismiss; denying #7 Motion to Remand.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) |
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) |
Filing 25 ORDER granting #23 Motion for Leave to File Sur-Reply.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) |
Filing 24 RESPONSE in Opposition to #23 MOTION for Leave to File Sur-Reply, filed by Wells Fargo Bank, N.A.. (Chandler, Elizabeth) |
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) |
Filing 22 ORDER granting #21 Motion for Protective Order.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) |
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) |
Filing 20 REPLY in Support of #14 MOTION to Dismiss First Amended Complaint, filed by Wells Fargo Bank, N.A.. (Chandler, Elizabeth) |
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) |
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) |
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). |
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) |
Filing 15 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Wells Fargo Bank, N.A., filed.(Opitz, Justin) |
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) |
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) |
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) |
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) |
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) |
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). |
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) |
Filing 7 MOTION to Remand by Happy State Bank, filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Huttenbach, William) |
Filing 6 CERTIFICATE OF INTERESTED PARTIES by Happy State Bank, filed.(Huttenbach, William) |
Filing 5 CERTIFICATE OF INTERESTED PARTIES by Wells Fargo Bank, N.A., filed.(Opitz, Justin) |
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) |
Filing 3 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Wells Fargo Bank, N.A., filed.(Opitz, Justin) |
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) |
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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