Lionheart Funding, LLC v. JMB Houston Resurfacing, Inc. et al
| LIONHEART FUNDING, LLC |
| JMB HOUSTON RESURFACING, INC, JMB DECORATIVE CONCRETE, INC and JOSE DEJESUS BARBOSA |
| 4:2023cv01940 |
| May 25, 2023 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 17
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/8/2023 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison( Judge Keith P Ellison) Parties notified.(BrendaLacy, 4)
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| Filing 16 Case transferred in from Florida Southern. Case Number 1:23-cv-20072; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 15
ORDER OF TRANSFER. The Motion (DE 14) is GRANTED and the Clerk of Court is directed to TRANSFER the above-captioned case to the U.S. District Court for the Southern District of Texas. The Clerk of Court is directed to CLOSE this case. Motions terminated: #14 Unopposed MOTION to Change Venue to the Southern District of Texas Houston Division filed by Lionheart Funding, LLC. Signed by Judge Kathleen M. Williams on 5/24/2023. See attached document for full details. (nan)
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| Filing 14 Unopposed MOTION to Change Venue to the Southern District of Texas Houston Division by Lionheart Funding, LLC. Responses due by 5/5/2023 (Wersant, Paul) |
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Filing 13
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Motion for Related Relief (DE #12 ). The Motion requests that, due to a dismissed bankruptcy case involving Defendant Jose De Jesus Barbosa, the Court allow Plaintiff until April 20, 2023 to file a motion to stay or motion for default judgment. The Court construes the Motion as a request for extension of time to file a motion for default judgment, filed well after Plaintiff's motion was due. As such, the Motion fails to comply with this Court's Practices and Procedures, which state: Absent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline. Further, the Order of Referral (DE #4 ) in this case states: "[n]oncompliance with any provision of this Order, the Federal Rules of Civil Procedure, the Local Rules, or this Court's Practices and Procedures... may subject the offending party to sanctions, including dismissal of this case."Nevertheless, upon review of the Motion and the record, it is ORDERED AND ADJUDGED that the Motion (DE #12 ) is GRANTED IN PART AND DENIED IN PART. Plaintiff must file an omnibus motion for final default judgment as against any Defendant that is not a named party in a current bankruptcy case on or before April 21, 2023. Failure to do so will result in dismissal of this matter without prejudice and closure of this case. Signed by Judge Kathleen M. Williams on 4/17/2023. (nlf)
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| Filing 12 Plaintiff's Response to Order To Show Cause and Cross Consent Motion for Related Relief re 11 Order to Show Cause, by Lionheart Funding, LLC. (Wersant, Paul) |
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Filing 11
PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On March 7, 2023, after observing that all Defendants had failed to respond to the Complaint (DE #1 ), the Court entered the order (DE 9) requiring Plaintiff to file an omnibus motion for final default judgment against all Defendants on or before April 4, 2023. To date, Plaintiff has failed to comply with the Court's order and has neither filed an omnibus motion for final default judgment nor requested an extension of time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE on or before April 11, 2023 why sanctions should not be imposed and this matter dismissed without prejudice for failure to prosecute. Signed by Judge Kathleen M. Williams on 4/7/2023. (nlf)
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| Filing 10 Clerk's Entry of Default as to JMB Houston Resurfacing, Inc., JMB Decorative Concrete, Inc., Jose DeJesus Barbosa per Order Directing Clerk to Enter Default Re: 9 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 3/7/2023. (ebz) |
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Filing 9
PAPERLESS ORDER Directing Clerk to Enter Default. On March 6, 2023, Plaintiff filed proof of service (DE #6 ; DE #7 ; DE #8 ) on the docket, alleging service on all Defendants on January 12, 2023. To date, Defendants have not appeared or filed a responsive pleading to the Complaint, and pursuant to Federal Rule of Civil Procedure 12, the time to do so has passed. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendants JMB Houston Resurfacing, Inc., JMB Decorative Concrete, Inc., and Jose DeJesus Barbosa.On or before April 4, 2023, Plaintiff shall file an omnibus motion for final default judgment against all Defendants and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion shall be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper on all Defendants. Signed by Judge Kathleen M. Williams on 3/7/2023. (nlf)
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| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by LIONHEART FUNDING, LLC. JMB DECORATIVE CONCRETE, INC. served on 1/12/2023, response/answer due 2/2/2023. (Wersant, Paul) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by LIONHEART FUNDING, LLC. JOSE DEJESUS BARBOSA served on 1/12/2023, response/answer due 2/2/2023. (Wersant, Paul) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by LIONHEART FUNDING, LLC. JMB HOUSTON RESURFACING, INC served on 1/12/2023, response/answer due 2/2/2023. (Wersant, Paul) |
| Filing 5 CASE REFERRED to Magistrate Judge Lisette M. Reid. Per DE#4 .(nan) |
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. Signed by Judge Kathleen M. Williams on 1/9/2023. See attached document for full details. (nan)
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| Filing 3 Summons Issued as to JOSE DEJESUS BARBOSA, JMB DECORATIVE CONCRETE, INC., JMB HOUSTON RESURFACING, INC. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16222759, filed by LIONHEART FUNDING, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) JMB Houston, #3 Summon(s) JMB Decorative, #4 Summon(s) Jose Barbosa)(Wersant, Paul) |
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