Smith v. Kyles et al
Plaintiff: Kelvin Lloyd Smith
Defendant: Brian Eugene Kyles, First Century Properties, BSI Financial Services, Terra Fountain and Crystal Walker
Case Number: 4:2023cv01362
Filed: April 11, 2023
Court: US District Court for the Southern District of Texas
Presiding Judge: Sim Lake
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1330 Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2023 Opinion or Order Filing 15 RETURN of Service of SUMMONS Executed as to BSI Financial Services served on 5/19/2023, answer due 6/9/2023, filed. (BrandisIsom, 4)
May 24, 2023 Opinion or Order Filing 14 MOTION to Reinstate Case and Notice of Hearing by Kelvin Lloyd Smith, filed. Motion Docket Date 6/14/2023. (BrendaLacy, 4)
May 22, 2023 Opinion or Order Filing 13 ORDER - Because nothing in the motion establishes a basis for federal jurisdiction, Plaintiff, Kelvin Lloyd Smith's #8 Motion to Reinstate Case on Docket and Notice ofHearing is DENIED. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
May 22, 2023 Opinion or Order Filing 9 Return of Service Unexecuted as to Brian Eugene Kyles re: Summons, filed.(fcarbia, 2)
May 19, 2023 Opinion or Order Filing 12 RETURN of Service of SUMMONS Executed as to Terra Fountain served on 5/16/2023, answer due 6/6/2023, filed.(fcarbia, 2)
May 19, 2023 Opinion or Order Filing 11 Return of Service Unexecuted as to First Century Properties re: Summons, filed.(fcarbia, 2)
May 19, 2023 Opinion or Order Filing 10 RETURN of Service of SUMMONS Executed as to Crystal Walker served on 5/16/2023, answer due 6/6/2023, filed.(fcarbia, 2)
May 19, 2023 Opinion or Order Filing 8 MOTION to Reinstate Case on Docket by Kelvin Lloyd Smith, filed. Motion Docket Date 6/9/2023. (Attachments: #1 Proposed Order)(TerriHanniable, 4)
May 12, 2023 Opinion or Order Filing 7 FINAL JUDGMENT - In accordance with the Order of Dismissal Without Prejudice for Failure to Allege Facts Establishing Subject Matter Jurisdiction, this action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction...*** Case terminated on 5/12/23. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
May 12, 2023 Opinion or Order Filing 6 ORDER OF DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO ALLEGE FACTS ESTABLISHING SUBJECT NATTER JURISDICTION - Smith filed the #5 Second Amended Complaint that does not allege a valid basis for either federal question or diversity jurisdiction. Accordingly, this action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
May 12, 2023 Opinion or Order Summons Issued as to All Defendants. Issued summons delivered to plaintiff in person, filed.(RhondaMooreKonieczny, 4)
May 12, 2023 Opinion or Order Summons Issued as to BSI Financial Services, First Century Properties, Terra Fountain, Brian Eugene Kyles, Crystal Walker. Issued summons delivered to plaintiff in person, filed. (BrandisIsom, 4)
May 11, 2023 Opinion or Order Filing 5 Corrected AMENDED COMPLAINT against All Defendants filed by Kelvin Lloyd Smith.(JacquelineMata, 4) Modified on 5/12/2023 (DarleneHansen, 4).
May 10, 2023 Opinion or Order Filing 4 AMENDED COMPLAINT and Request for Injunction against All Defendants filed by Kelvin Lloyd Smith. Related document: #1 Complaint filed by Kelvin Lloyd Smith.(BrendaLacy, 4)
April 21, 2023 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/28/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
April 13, 2023 Opinion or Order Filing 2 ORDER - Plaintiff, Kelvin Lloyd Smith, has filed a #1 Complaint. Federal Courts are courts of limited jurisdiction. The complaint does not allege a basis for federal jurisdiction. Plaintiffs is ORDERED to file an Amended Complaint by May 12, 2023, that alleges a valid basis for federal jurisdiction. The failure to so may result in the dismissal of this action without further notice to the Plaintiff. ( Amended Pleadings due by 5/12/2023. ) (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
April 11, 2023 Opinion or Order Filing 1 COMPLAINT against First Century Properties, Brian Eugene Kyles filed by Kelvin Lloyd Smith. (Attachments: #1 Affidavit)(hlerma, 4)

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Plaintiff: Kelvin Lloyd Smith
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Defendant: Brian Eugene Kyles
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Defendant: First Century Properties
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Defendant: BSI Financial Services
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Defendant: Terra Fountain
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Defendant: Crystal Walker
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