Guardino v. Hart et al
| Kristin Guardino |
| Jim Hart, Sean H McCarthy, John Eddie Williams, Jr, Williams Kherkher Hart & Boundas LLP, WKHB LLC, Williams Kherkher LLC, Williams BHE LLC, Williams HBE LLC and Willliams Hart Boundas Easterby LLP |
| 4:2021cv03721 |
| November 12, 2021 |
| US District Court for the Southern District of Texas |
| David Hittner |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Electronic Access to Record on Appeal Provided re: #40 Notice of Appeal to George Shepherd III. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 22-20278), filed.(DorinaReyna, 1) |
| Filing 43 Transmittal Letter on Appeal re: #40 Notice of Appeal. The electronic record on CD is being sent to Kristin Guardino via regular mail. (USCA No. 22-20278), filed. (DorinaReyna, 1) |
| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #40 Notice of Appeal USCA No. 22-20278, filed.(DorinaReyna, 1) |
| Filing 42 DKT13 TRANSCRIPT ORDER REQUEST by Kristin Guardino. No hearings This order form relates to the following: #40 Notice of Appeal, filed. (jdav, 4) |
| Notice of Assignment of USCA No. 22-20278 re: #40 Notice of Appeal, filed.(EdnitaPonce, 1) |
| Filing 41 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #40 Notice of Appeal. Fee status: Paid. Reporter(s): H. Alcaraz, filed. (Attachments: #1 Notice of Appeal) (jtabares, 1) |
| Appeal Review Notes re: #40 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted. Pending the upload of exhibits for Dkt #22.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(jtabares, 1) |
| Filing 40 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #39 Order on Motion to Dismiss by Kristin Guardino, filed.(ckrus, 4) |
| USCA Appeal Fees received $ 505, receipt number HOU109436 re: #40 Notice of Appeal, filed.(ckrus, 4) |
Filing 39
ORDER granting #18 Motion to Dismiss Complaint Pursuant to FRCP 12(b)(6) for Failure to State a Claim. This is a Final Judgment. Case terminated on May 12, 2022.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 38 REPLY to Response to #18 MOTION to Dismiss #1 Complaint, , filed by Jim Hart, Sean H McCarthy, WKHB LLC, John Eddie Williams, Jr, Williams BHE LLC, Williams HBE LLC, Williams Kherkher Hart & Boundas LLP, Williams Kherkher LLC, Willliams Hart Boundas Easterby LLP. (Shepherd, George) |
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Filing 37
ORDER granting #32 Motion for Leave to File to Extend the Time for Plaintiff to Respond to Defendant's Motion to Dismiss Plaintiff's Complaint and to Re-File Plaintiff's Response.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 36 RESPONSE to #32 MOTION for Leave to File to Extend the time for Plaintiff to Respond to Defendant's Motion to Dismiss Plaintiff's Complaint and to Re-File Plaintiff's Response and Briefi n Support of Plaintiff's Response and Brief in Support of Pla , filed by Jim Hart, Sean H McCarthy, WKHB LLC, John Eddie Williams, Jr, Williams BHE LLC, Williams HBE LLC, Williams Kherkher Hart & Boundas LLP, Williams Kherkher LLC, Willliams Hart Boundas Easterby LLP. (Attachments: #1 Proposed Order Proposed Order)(Shepherd, George) |
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Filing 35
ORDER denying #29 Motion to Strike Defendants' Motion to Dismiss Plaintiff's Complaint.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Main Document 35 replaced on 3/1/2022) (ealexander, 4). ORDER denying #29 Motion to Strike Defendants' Motion to Dismiss Plaintiff's Complaint.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Main Document 35 replaced on 3/1/2022) (ealexander, 4).
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| Filing 34 Plaintiff's REPLY to Response to #29 MOTION to Strike, filed by Kristin Guardino. (olindor, 4) |
| Filing 33 RESPONSE to #18 MOTION to Dismiss #1 Complaint, filed by Kristin Guardino. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(SamanthaWarda, 4) |
| Filing 32 MOTION for Leave to File to Extend the time for Plaintiff to Respond to Defendant's Motion to Dismiss Plaintiff's Complaint and to Re-File Plaintiff's Response and Brief in Support of Plaintiff's Response and Brief in Support of Plaintiff's Response to Defendant's Motion to Dismiss. by Kristin Guardino, filed. Motion Docket Date 3/16/2022. (SamanthaWarda, 4) |
| Filing 30 RESPONSE to #29 MOTION to Strike Defendants' Motion to Dismiss, filed by Jim Hart, Sean H McCarthy, WKHB LLC, John Eddie Williams, Jr, Williams BHE LLC, Williams HBE LLC. (Attachments: #1 Proposed Order Proposed Order)(Shepherd, George) |
| Filing 31 REPLY to #27 Response in Opposition to Motion,, filed by Kristin Guardino. (jtabares, 1) |
| Filing 29 Plaintiff's MOTION to Strike Defendants Motion to Dismiss Plaintiff's Complaint. by Kristin Guardino, filed. Motion Docket Date 3/15/2022. (Attachments: #1 Proposed Order)(SamanthaWarda, 4) |
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Filing 28
ORDER denying #26 Motion for Extension of Time; Motion-related deadline set re: #26 MOTION for Extension of Time to Respond to Motion to Dismiss..(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 27 RESPONSE in Opposition to #26 MOTION for Extension of Time to Respond to Motion to Dismiss, filed by Jim Hart, Sean H McCarthy, WKHB LLC, John Eddie Williams, Jr, Williams BHE LLC, Williams HBE LLC, Williams Kherkher Hart & Boundas LLP, Williams Kherkher LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order Proposed Order)(Shepherd, George) |
| Filing 26 MOTION for Extension of Time to Respond to Motion to Dismiss by Kristin Guardino, filed. Motion Docket Date 3/8/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(dnoriega, 1) |
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Filing 25
ORDER Striking Document re: #21 Response to Defendants' Motion to Dismiss (Doc. # 18), Plaintiff's Original Complaint filed by Kristin Guardino Exceeds the page limit.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
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| Filing 22 EXHIBIT - USB Flash Drive of Exhibit B in Clerk's Office re: #21 Response in Opposition to Motion, filed.(ShoshanaArnow, 4) |
| Filing 21 RESPONSE to #18 MOTION to Dismiss #1 Complaint, , filed by Kristin Guardino. (ShoshanaArnow, 4) |
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Filing 24
SCHEDULING ORDER. Trial Term: January/February 2023. ETT: 2 weeks. Jury trial. Amended Pleadings due by 2/28/2022. Joinder of Parties due by 2/28/2022 Pltf Expert Witness List due by 3/31/2022. Deft Expert Witness List due by 4/29/2022. Discovery due by 7/29/2022. Dispositive Motion Filing due by 8/31/2022. Non-Dispositive Motion Filing due by 8/31/2022. Joint Pretrial Order due by 12/30/2022.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
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| Filing 23 Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 2/4/2022. Scheduling order entered. Appearances:Kristin Guardino. George Billy Shepherd, III.(Court Reporter: H. Alcaraz), filed.(jmarchand, 4) |
| Filing 20 NOTICE of Resetting. Parties notified. Initial Conference set for 2/4/2022 at 09:15 AM in by video before Magistrate Judge Peter Bray, filed. (jmarchand, 4) |
| Filing 19 PROPOSED ORDER re: #18 MOTION to Dismiss #1 Complaint, , filed.(Shepherd, George) |
| Filing 18 MOTION to Dismiss #1 Complaint, by Jim Hart, Sean H McCarthy, WKHB LLC, John Eddie Williams, Jr, Williams BHE LLC, Williams HBE LLC, filed. Motion Docket Date 2/8/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Shepherd, George) |
| Filing 17 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Kristin Guardino, filed.(BrendaLacy, 4) |
| Filing 14 Letter from Kristin Guardino, J.D. re: erroneously omitted waiver of service returns, filed. (olindor, 4) |
| Filing 13 NOTICE of Resetting. Parties notified. Initial Conference set for 1/27/2022 at 10:45 AM in by video before Magistrate Judge Peter Bray, filed. (jmarchand, 4) |
| Filing 16 WAIVER OF SERVICE Returned Executed as to Williams Kherkher LLC served on 11/22/2021, answer due 1/21/2022, filed.(olindor, 4) |
| Filing 15 WAIVER OF SERVICE Returned Executed as to Williams BHE LLC served on 11/22/2021, answer due 1/21/2022, filed.(olindor, 4) |
| Filing 12 WAIVER OF SERVICE Returned Executed as to WKHB LLC served on 11/16/2021, answer due 1/18/2022, filed.(jtabares, 1) |
| Filing 11 WAIVER OF SERVICE Returned Executed as to Williams HBE LLC, filed.(jtabares, 1) |
| Filing 10 WAIVER OF SERVICE Returned Executed as to Willliams Hart Boundas Easterby LLP served on 11/22/2021, answer due 1/21/2022, filed.(jtabares, 1) |
| Filing 9 WAIVER OF SERVICE Returned Executed as to Williams Kherkher Hart & Boundas LLP served on 12/2/2021, answer due 1/31/2022, filed.(jtabares, 1) |
| Filing 8 WAIVER OF SERVICE Returned Executed as to John Eddie Williams, Jr served on 11/22/2021, answer due 1/21/2022, filed.(jtabares, 1) |
| Filing 7 WAIVER OF SERVICE Returned Executed as to Sean H McCarthy served on 11/22/2021, answer due 1/21/2022, filed.(jtabares, 1) |
| Filing 6 WAIVER OF SERVICE OF SUMMONS Returned Executed as to Jim Hart served on 11/24/2021, answer due 1/24/2022, filed.(jtabares, 1) |
| Filing 5 CERTIFICATE OF INTERESTED PARTIES by Jim Hart, Sean H McCarthy, WKHB LLC, John Eddie Williams, Jr, Williams BHE LLC, Williams HBE LLC, Williams Kherkher Hart & Boundas LLP, Williams Kherkher LLC, Willliams Hart Boundas Easterby LLP, filed.(Shepherd, George) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/26/2022 at 10:15 AM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(RachelSalazaradi, 4)
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| Filing 4 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (thanniable, 4) |
| Filing 3 DOCKETED IN ERROR. FOR CORRECTED ENTRY SEE #4 . NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (thanniable, 4) |
| Filing 1 COMPLAINT against Jim Hart, Sean H McCarthy, WKHB LLC, John Eddie Williams, Jr, Williams BHE LLC, Williams HBE LLC, Williams Kherkher Hart & Boundas LLP, Williams Kherkher LLC, Willliams Hart Boundas Easterby LLP filed by Kristin Guardino. (Attachments: #1 Continuation)(thanniable, 4) |
| Initial Filing fee: $402.00 re: #1 Complaint,, receipt number HOU105600, filed. (thanniable, 4) |
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