Lumio HX, Inc. v. MASC Austin Properties, Inc. et al
| Lumio HX, Inc. |
| MASC Austin Properties, Inc., Kingsbridge Village (Houston) Homeowners' Association, Inc., Tara Association, Inc. and Town Park Community Improvement Association, Inc., a Texas non-profit corporation |
| 4:2023cv03203 |
| August 30, 2023 |
| US District Court for the Southern District of Texas |
| David Hittner |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 29
SCHEDULING ORDER. Trial Term: November/December 2024. ETT: 2 days. Jury trial. Amended Pleadings due by 12/29/2023. Joinder of Parties due by 12/29/2023 Pltf Expert Witness List due by 1/31/2024. Deft Expert Witness List due by 2/29/2024. Discovery due by 5/31/2024. Dispositive Motion Filing due by 6/28/2024. Non-Dispositive Motion Filing due by 6/28/2024. Joint Pretrial Order due by 10/31/2024.(Signed by Magistrate Judge Peter Bray) Parties notified.(JasonMarchand, 4)
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| Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 11/16/2023. Scheduling order entered. Appearances: Russell J Burke, Mark Brandon Rabe.(ERO:Yes), filed.(JasonMarchand, 4) |
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Filing 28
ORDER denying #16 Motion to Dismiss for Lack of Subject-Matter Jurisdiction; denying #21 Motion to Dismiss for Lack of Subject-Matter Jurisdiction. (Signed by Judge David Hittner) Parties notified.(JosephWells, 4)
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Filing 27
STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION. (Signed by Judge David Hittner) Parties notified.(JosephWells, 4)
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| The Preliminary Injunction Hearing set for 11/17/2023 at 01:00 PM is terminated. (JosephWells, 4) |
| Filing 26 STIPULATION re: Preliminary Injunction by Lumio HX, Inc., Lumio, Inc., filed.(Burke, Russell) |
| Filing 25 NOTICE of Resetting. Parties notified. Preliminary Injunction Hearing set for 11/17/2023 at 01:00 PM in Courtroom 8A before Judge David Hittner, filed. (JosephWells, 4) |
| Filing 24 RESPONSE in Opposition to #21 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, filed by Lumio HX, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Burke, Russell) |
| Filing 23 CERTIFICATE OF INTERESTED PARTIES by Town Park Community Improvement Association, Inc., a Texas non-profit corporation, filed.(Gibson, Traci) |
| Filing 22 ANSWER to #12 Amended Complaint/Counterclaim/Crossclaim etc. by Town Park Community Improvement Association, Inc., a Texas non-profit corporation, filed.(Gibson, Traci) |
| Filing 21 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction by Town Park Community Improvement Association, Inc., a Texas non-profit corporation, filed. Motion Docket Date 11/6/2023. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Gibson, Traci) |
| Filing 20 NOTICE of Setting. Parties notified. Preliminary Injunction Hearing set for 10/27/2023 at 02:30 PM in Courtroom 8A before Judge David Hittner, filed. (JosephWells, 4) |
| Filing 19 NOTICE OF NON-OPPOSITION TO PLAINTIFF'S re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Expedite Hearing by Lumio HX, Inc., Lumio, Inc., filed. (Burke, Russell) |
| Filing 18 RETURN of Service of SUMMONS Executed as to Town Park Community Improvement Association, Inc., a Texas non-profit corporation served on 9/25/2023, answer due 10/16/2023, filed.(Burke, Russell) |
| Filing 17 ANSWER to #12 Amended Complaint/Counterclaim/Crossclaim etc. by Kingsbridge Village (Houston) Homeowners' Association, Inc., MASC Austin Properties, Inc., Tara Association, Inc., filed.(Gibson, Traci) |
| Filing 16 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction by Kingsbridge Village (Houston) Homeowners' Association, Inc., MASC Austin Properties, Inc., Tara Association, Inc., filed. Motion Docket Date 10/18/2023. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Gibson, Traci) |
| Filing 15 CERTIFICATE OF INTERESTED PARTIES by Kingsbridge Village (Houston) Homeowners' Association, Inc., MASC Austin Properties, Inc., Tara Association, Inc., filed.(Gibson, Traci) |
| Filing 14 Summons Issued as to Town Park Community Improvement Association, Inc., a Texas non-profit corporation. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) |
| Filing 13 Request for Issuance of Summons as to Town Park Community Improvement Association, Inc., a Texas non-profit corporation, filed.(Burke, Russell) |
| Filing 12 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Lumio HX, Inc..(Dagher, Joseph) |
| Filing 11 RETURN of Service of SUMMONS Executed as to Tara Association, Inc. served on 9/6/2023, answer due 9/27/2023, filed.(Burke, Russell) |
| Filing 10 RETURN of Service of SUMMONS Executed as to Kingsbridge Village (Houston) Homeowners' Association, Inc. served on 9/6/2023, answer due 9/27/2023, filed.(Burke, Russell) |
| Filing 9 RETURN of Service of SUMMONS Executed as to MASC Austin Properties, Inc. served on 9/6/2023, answer due 9/27/2023, filed.(Burke, Russell) |
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Filing 8
ORDER. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing (Document No. #2 ) is DENIED IN PART as to the issuance of a Temporary Restraining Order. The Court defers a ruling on the issuance of a preliminary injunction pending a hearing to be set after the Defendants have made an appearance on the record. (Signed by Judge David Hittner) Parties notified.(JosephWells, 4)
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| Filing 7 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) |
| Filing 6 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) |
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/16/2023 at 10:30 AM by video before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(HeatherCarr, 4)
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| Filing 4 CORPORATE DISCLOSURE STATEMENT by Lumio HX, Inc., filed.(Burke, Russell) |
| Filing 3 Request for Issuance of Summons as to Lumio HX, Inc., filed.(Burke, Russell) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction( Motion Docket Date 9/20/2023.), MOTION to Expedite Hearing by Lumio HX, Inc., filed. (Attachments: #1 Exhibit 1 - Order Granting Temp Restraining Order and Setting Prelim Injunction Hearing, #2 Exhibit 2 - Declaration of Michael Watts, #3 Exhibit 3 - Lumio Jordan Solar Installation Contract, #4 Exhibit 4 - June 13, 2022 Tara-MASC Ltr to Jordan, #5 Exhibit 5 - Jan 13, 2023 MACS Ltr to Jordan, #6 Exhibit 6 - June 13, 2023 Tara-MASC Ltr to Jordan, #7 Exhibit 7 - Declaration of Russell Burke, #8 Exhibit 8 - July 12, 2023 Email from R Burke to L Alderson, #9 Exhibit 9 - July 12, 2023 Ltr and RHI Form, #10 Exhibit 10 - Aug 10, 2023 Ltr from Tara-MASC to Jordan, #11 Exhibit 11 - Lumio Krichmar Solar Installation Contract, #12 Exhibit 12 - Dec 15, 2022 Tara-MASC Ltr to Krichmar, #13 Exhibit 13 - Lumio Krichmar Dec 28, 2022 Ltr to Tara-MASC, #14 Exhibit 14 - Lumio Ltr to MASC, #15 Exhibit 15 - Tara Ltr Setting Board Hearing Date, #16 Exhibit 16 - Tara-MASC May 17, 2023 Ltr to Kirchmar, #17 Exhibit 17 - R Burke E-mail to Ms Alderson, #18 Exhibit 18 - June 16, 2023 Ltr and RHI Form, #19 Exhibit 19 - July 19, 2023 Lumio Krichmar Ltr to Tara-MASC, #20 Exhibit 20 - July 26, 2023 Tara Denial, #21 Exhibit 21 - Henghan Solar Installation Contract, #22 Exhibit 22 - Tara July 2023 Ltr to Heneghans, #23 Exhibit 23 - Chan Solar Installation Contract, #24 Exhibit 24 - Dec 20, 2022 Kingsbridge MASC Ltr to Chan, #25 Exhibit 25 - R Burke Ltr Seeking Hearing with Kingsbridge Board, #26 Exhibit 26 - Tara ACC Guidelines, #27 Exhibit 27 - Kingsbridge ACC Guidelines)(Burke, Russell) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number BTXSDC-30436170) filed by Lumio HX, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Burke, Russell) |
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