Dyer v. Capital One National Association
| Percival Dyer |
| Capital One National Association |
| 4:2020cv04230 |
| December 14, 2020 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
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Filing 23
MEMORANDUM IN RESPONSE to #21 Response in Opposition to Motion, to Motion to Remand filed by Percival Dyer. (mmapps, 4)
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Filing 22
Amended CERTIFICATE OF SERVICE of #21 Response in Opposition to Motion by Capital One National Association, filed.(Herrold, David)
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Filing 21
RESPONSE in Opposition to #11 MOTION to Remand, filed by Capital One National Association. (Attachments: #1 Exhibit 1 (Notice of Removal filed Harris County, TX), #2 Exhibit 2 (Third Amended Petition))(Herrold, David)
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Filing 20
Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 1/14/2021 re: #6 REQUEST for pre-motion conference. Plaintiff will provide notice required by Section 17.505 of the TX Business and Commerce Code by 1/20/2021. Plaintiff's claims under the Texas Deceptive Trade Practices Act are abated until 60 days after the plaintiff serves notice required. Plaintiff's motion to remand filed at Dkt. #11 is re-instated. Response is due 2/4/2021 and the reply is due 2/11/2021. Defendant may file a motion to dismiss within 2 weeks of the Court's ruling on the plaintiff's motion to remand. Appearances: David H. Herrold, Dion A Craig.(Court Reporter: M. Malone)(Tape #1:47-2:14), filed.(gclair, 4)
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Filing 19
MEMORANDUM in Support re: #11 MOTION to Remand by Percival Dyer, filed.(JacquelineMata, 4)
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Filing 18
NOTICE of Setting re: #6 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 1/14/2021 at 01:45 PM in by video before Judge George C Hanks Jr, filed. (gclairadi, 4)
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Filing 17
NOTICE of Previously Filed Pre-Motion Letter re: #6 REQUEST for pre-motion conference, #16 Order on Motion for Extension of Time, #5 MOTION for Extension of Time to Respond to Pl's Second Amended Petition by Capital One National Association, filed. (Herrold, David)
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Filing 16
ORDER granting #5 Motion for Extension of Time; Answer due for Capital One National Association 1/20/2021.(Signed by Judge George C Hanks, Jr) Parties notified.(gkelner, 4)
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Filing 15
NOTICE of Receipt of Purported Pre-Suit Notice re: #8 Opposed MOTION to Abate by Capital One National Association, filed. (Attachments: #1 Exhibit 1)(Herrold, David)
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Filing 14
NOTICE of Change of Address by David H. Herrold, counsel for Capital One National Association, filed. (Herrold, David)
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Filing 13
ORDER Striking Document re: #11 MOTION to Remand. The motion does not comply with the Courts Procedures section 6(B), regarding pre-motion conferences required for particular motions. The motion does not comply with the Courts Procedures section 6(C)(2), which requires a certificate of conference for all motions. The motion does not comply with the Courts Procedures section 6(C)(3), which requires a separate proposed order for all motions except those filed under Federal Rule of Civil Procedure 56.(Signed by Judge George C Hanks, Jr) Parties notified.(gkelner, 4)
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Filing 12
ORDER Striking Document re: #10 MOTION for Dion A. Craig to Appear Pro Hac Vice. The motion does not include a separate proposed order. The appropriate form motion and order issued by the Court can be found at https://www.txs.uscourts.gov/sites/txs/files/prohacvicei.pdf.(Signed by Judge George C Hanks, Jr) Parties notified.(gkelner, 4)
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Filing 11
REINSTATED. (See Dkt. #20 .) Plaintiff's MOTION to Remand, filed. Motion Docket Date 1/21/2021. (jguajardo, 4)
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Filing 10
MOTION for Dion A. Craig to Appear Pro Hac Vice, filed. Motion Docket Date 1/21/2021. (jguajardo, 4)
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Filing 9
CERTIFICATE OF INTERESTED PARTIES by Capital One National Association, filed.(Herrold, David)
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Filing 8
Opposed MOTION to Abate by Capital One National Association, filed. Motion Docket Date 1/19/2021. (Attachments: #1 Exhibit 1 (Second Amended Petition), #2 Exhibit 2 (State Court Notice of Removal), #3 Proposed Order Order Abating Action)(Herrold, David)
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Filing 6
REQUEST for pre-motion conference, filed.(Herrold, David)
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Filing 7
ORDER Striking Document re: #3 Notice,. The motion does not comply with the Court's Procedures section 6(C)(2), which requires a certificate of conference for all motions. (Signed by Judge George C Hanks, Jr) Parties notified.(ShoshanaArnow, 4)
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Filing 5
MOTION for Extension of Time to Respond to Pl's Second Amended Petition by Capital One National Association, filed. Motion Docket Date 1/7/2021. (Attachments: #1 Proposed Order)(Herrold, David)
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/14/2021 at 09:30 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RubenCastroadi, 4)
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Filing 3
NOTICE (Plea In Abatement pursuant to Tex. Bus & Com. Code Section 17.505(c)) by Capital One National Association, filed. (Attachments: #1 Exhibit 1 (State Court Second Amended Petition), #2 Proposed Order (Order Abating Action))(Herrold, David)
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Filing 2
CORPORATE DISCLOSURE STATEMENT by Capital One National Association identifying Capital One Financial Corporation as Corporate Parent, filed.(Herrold, David)
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Filing 1
NOTICE OF REMOVAL from 55th Harris County District Court, case number 2019-57936 (Filing fee $ 402 receipt number 0541-25656626) filed by Capital One National Association. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Herrold, David)
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| Plaintiff: Percival Dyer | |
| Represented By: | Dion A Craig |
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| Defendant: Capital One National Association | |
| Represented By: | David Henry Herrold |
| Represented By: | David H. Herrold |
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