JTH Tax, LLC v. Roldan et al
| JTH Tax LLC doing business as Liberty Tax Service formerly known as JTH Tax, Inc. and JTH Tax, Inc. |
| Esmerelda Roldan, Nwachuku Agwu and Lola Julius |
| 4:2023cv04302 |
| November 15, 2023 |
| US District Court for the Southern District of Texas |
| David Hittner |
| Defend Trade Secrets Act (of 2016) |
| None |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/12/2024 at 10:45 AM in by video before Magistrate Judge Peter Bray( Judge David Hittner) Parties notified.(BrendaLacy, 4)
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| Filing 26 Case transferred in from Texas Northern. Case Number 4:23-cv-00735; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 25
ORDER: The Court ORDERS that the above-styled civil action is TRANSFERRED to the Southern District of Texas, Houston Division. Case transferred to Houston Division of Southern District of Texas. (Ordered by Judge Mark Pittman on 11/14/2023) (bdb)
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| Filing 24 Brief/Memorandum in Support filed by JTH Tax, LLC re #22 Order Setting Deadline/Hearing,, Plaintiff's Brief In Support of Case Transfer (Guerrero, Cristina) |
| Filing 23 Brief/Memorandum in Support filed by Nwachuku Agwu re #19 MOTION to Dismiss Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Condara, Christie) |
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Filing 22
ORDER: Having reviewed the pleadings of record in this action, the Court concludes the case may be more appropriate in the Houston Division of the Southern District of Texas. While Plaintiff may be in Grapevine, the Complaint seems to indicate the lion's share of relevant evidence and witnesses will be in the Houston area. See ECF No. #1 . Accordingly, the Parties are ORDERED to submit briefing of no more than ten pages articulating (1) whether they are opposed or unopposed to such transfer and (2) if they are opposed, the grounds for such opposition, on or before November 10, 2023. (Ordered by Judge Mark Pittman on 11/7/2023) (tjc)
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| Filing 21 SUMMONS Returned Executed as to Nwachuku Agwu ; served on 10/15/2023. (Guerrero, Cristina) |
| Filing 20 Brief/Memorandum in Support filed by Nwachuku Agwu re #19 MOTION to Dismiss Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Condara, Christie) |
| Filing 19 MOTION to Dismiss , Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Nwachuku Agwu (Attachments: #1 Proposed Order)Attorney Christie Condara added to party Nwachuku Agwu(pty:dft) (Condara, Christie) |
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Filing 18
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning December 2, 2024. Counsel and the Parties must be ready for trial on two days' notice at any time during those four weeks. Joinder of Parties due by 12/18/2023. Amended Pleadings due by 12/18/2023. Deadline for mediation is on or before 6/5/2024. Discovery due by 7/5/2024. Motions due by 11/7/2024. Pretrial Order due by 11/8/2024. (Ordered by Judge Mark Pittman on 11/1/2023) (tjc)
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| Filing 17 Proposal for contents of scheduling and discovery order Joint Report by JTH Tax, LLC. (Guerrero, Cristina) |
| Filing 16 SUMMONS Returned Executed as to Esmerelda Roldan ; served on 10/15/2023. (Guerrero, Cristina) |
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Filing 15
ORDER GRANTING #14 PLAINTIFF'S MOTION FOR SUBSTITUTED SERVICE OF PROCESS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4. The Court GRANTS Plaintiff's Motion and authorizes substituted service on Defendants (SEE ORDER FOR SPECIFICS). (Ordered by Judge Mark Pittman on 10/13/2023) (tjc)
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| Filing 14 MOTION for Substituted Service of Process filed by JTH Tax, LLC (Attachments: #1 Proposed Order, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C) (Guerrero, Cristina) |
| Filing 13 RESPONSE AND OBJECTION filed by JTH Tax, LLC re: #7 Answer to Complaint,,, (Attachments: #1 Proposed Order) (Guerrero, Cristina) |
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Filing 12
ORDER: This Order is being sent to all counsel and unrepresented parties who have appeared. If other defendants have not appeared but have been in contact with the plaintiff(s) or their counsel, then counsel (or the plaintiff if proceeding pro se) must contact such defendants and making every effort to ensure their meaningful participation in the conference. Lead counsel for each party or designee attorney with appropriate authority and any unrepresented party (except for a prisoner litigant proceeding pro se) must confer ("Scheduling Conference") in an in-person, face-to-face conference as soon as practicable to (1) consider the nature and bases for their claims and defenses, (2) assess the possibilities for a prompt resolution of the case, (3) make or arrange for the disclosures required by Federal Rule of Civil Procedure 26(a)(1), and (4) prepare the joint report described below. As a result of the Scheduling Conference, counsel must prepare and submit a Report Regarding Contents of Scheduling Order ("Joint Report"). As a result of the Scheduling Conference, counsel must prepare and submit a Report Regarding Contents of Scheduling Order ("Joint Report") by October 31, 2023. (Ordered by Judge Mark Pittman on 10/10/2023) (tjc)
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| Filing 11 NOTICE of Attorney Appearance by Clifford Chad Henson on behalf of Lola Julius. (Filer confirms contact info in ECF is current.) (Henson, Clifford) |
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Filing 10
ORDER denying #9 Motion for Leave to Proceed Without Local Counsel. As the Motion fails to show good cause for leave to proceed without this broadly applicable requirement, the Court DENIES the Motion. Accordingly, Defendant Julius is ORDERED to obtain local counsel no later than Friday, October 6, 2023. Failure to do so will result in the imposition of a sanction of $500 per day, running continuously until Julius obtains local counsel, beginning on Saturday, October 7, 2023. (Ordered by Judge Mark Pittman on 10/4/2023) (tjc)
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| Filing 9 MOTION for Leave to File to Proceed without Local Counsel filed by Lola Julius (Attachments: #1 Proposed Order Granting Leave to Proceed without Local Counsel) (Solomon, Tanika) |
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Filing 8
ORDER...no later than October 3, 2023, Julius shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in the imposition of sanctions such as Julius's pleadings being stricken and default taken against Julius without further notice. (Ordered by Judge Mark Pittman on 9/19/2023) (wxc)
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| Filing 7 ANSWER to #1 Complaint,,,,, filed by Lola Julius. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Attachments: #1 Exhibit(s) Motion to Dismiss)Attorney Tanika J Solomon added to party Lola Julius(pty:dft) (Solomon, Tanika) |
| Filing 6 SUMMONS Returned Executed as to Lola Julius ; served on 8/28/2023. (Guerrero, Cristina) |
| Filing 5 NOTICE of Attorney Appearance by Cristina Guerrero for Sona J. Garcia on behalf of JTH Tax, LLC. (Guerrero, Cristina) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by JTH Tax, LLC. (Clerk QC note: Affiliate entry indicated). (Guerrero, Cristina) |
| Filing 3 Summons Issued as to Nwachuku Agwu, Lola Julius, Esmerelda Roldan. (fba) |
| Filing 2 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (fba) |
| Filing 1 COMPLAINT against Nwachuku Agwu, Lola Julius, Esmerelda Roldan filed by JTH Tax, LLC f/k/a JTH Tax, Inc. d/b/a Liberty Tax Service. (Filing fee $402; Receipt number ATXNDC-13887959) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Declaration(s), #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Cover Sheet) (Guerrero, Cristina) |
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