Ayeni v. Bank of America N.A. et al
| Christopher Ayeni |
| Bank of America N.A. and Cellco Partnership doing business as Verizon Wireless |
| 4:2024cv00087 |
| January 9, 2024 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| Lee H Rosenthal |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on February 11, 2024. A more recent docket listing may be available from PACER.
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Filing 52
SCHEDULING AND DOCKET CONTROL ORDER. Amended Pleadings due by 4/5/2024. Pltf Expert Report due by 6/17/2024. Deft Expert Report due by 8/19/2024. Mediation and Discovery due by 10/16/2024. Dispositive Motions due by 11/1/2024. Joint Pretrial Order and Motion in Limine due by 1/10/2025. Docket Call set for 1/17/2025 at 09:00 AM in Courtroom 11B before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) Parties notified. (GlendaHassan, 4)
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Filing 51
SCHEDULING ORDER. Amended Pleadings due by 4/5/2024. Pltf Expert Witness List due by 6/17/2024. Pltf Expert Report due by 6/17/2024. Deft Expert Witness List due by 8/19/2024. Deft Expert Report due by 8/19/2024. Discovery due by 10/16/2024. Mediation due by 10/16/2024. Dispositive Motion Filing due by 11/1/2024. Joint Pretrial Order due by 1/10/2025. Docket Call set for 1/17/2025 at 09:00 AM in Courtroom 11B before Judge Lee H Rosenthal(Signed by Judge Lee H Rosenthal) Parties notified.(KimberlyPicota, 4)
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| Filing 50 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on February 8, 2024. The joint motion to vacate existing deadlines is granted. (Docket Entry No. 49). A scheduling and docket control order will be issued separately, as stated on the record. Appearances: David Kramer, Eric Norvell, Matthew Durham.(Court Reporter: C. Cummings), filed.(LisaEddins, 4) |
| Filing 49 Joint MOTION to Vacate by Bank of America N.A., filed. Motion Docket Date 2/16/2024. (Attachments: #1 Proposed Order)(Durham, Matthew) |
| Filing 48 CERTIFICATE OF INTERESTED PARTIES by Christopher Ayeni, filed.(Norvell, Eric) |
| Filing 47 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bank of America N.A., filed.(Durham, Matthew) |
| Filing 46 CERTIFICATE OF INTERESTED PARTIES by Bank of America N.A., filed.(Durham, Matthew) |
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Filing 45
ORDER granting #43 Motion to Withdraw and Substitute Attorney. Attorney Gregory Marshall terminated..(Signed by Judge Lee H Rosenthal) Parties notified.(KimberlyPicota, 4)
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Filing 44
ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 2/8/2024 at 02:00 PM by video before Judge Lee H Rosenthal. *The Zoom information can be located on Judge Rosenthal's home page, at the bottom of the page, in the Interactive calendar link. (Signed by Judge Lee H Rosenthal) (Attachments: #1 Supplement) Parties notified.(LisaEddins, 4)
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| Filing 43 Unopposed MOTION to Substitute Attorney Matthew D. Durham in place of Gregory Marshall( Motion Docket Date 2/12/2024.), Unopposed MOTION for Gregory Marshall to Withdraw as Attorney by Bank of America N.A., filed. (Attachments: #1 Proposed Order)(Durham, Matthew) |
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Filing 42
ORDER OF RECUSAL. Judge Ewing Werlein, Jr. recused. Case reassigned to Judge Lee H. Rosenthal for all further proceedings. (Signed by Judge Ewing Werlein, Jr.) Parties notified. (GlendaHassan, 4)
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Filing 41
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/2/2024 at 03:00 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified. (MarilynFlores, 4)
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| Filing 40 NOTICE of Reassignment. Case reassigned to Judge Ewing Werlein, Jr. Judge Sim Lake no longer assigned to the case. Parties notified, filed. (HeatherCarr, 4) |
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Filing 39
RECUSAL ORDER. Judge Sim Lake recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Sim Lake) Parties notified.(JoanDavenport, 4)
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| Filing 38 Case transferred in from New Mexico. Case Number 2:23-cv-00618; certified copy of transfer order, certified docket sheet, and transfer letter received |
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Filing 37
ORDER by District Judge Margaret I. Strickland GRANTING IN PART #27 Bank of America, N.A.'s Motion to Dismiss for Forum Non Conveniens or Transfer Venue Under 28 U.S.C. sec. 1404(a), and TRANSFERRING this case to the United States District Court for the Southern District of Texas.The Clerk of Court shall take the steps necessary to effectuate the transfer. (gri)
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| Filing 36 NOTICE by Bank of America N.A. of Service of Discovery (Marshall, Gregory) |
| Filing 35 REPLY to Response to Motion re #27 MOTION to Dismiss for Forum Non Conveniens or Transfer Venue Under 28 U.S.C. 1404(a) filed by Bank of America N.A.. (Marshall, Gregory) |
| Filing 34 NOTICE by Bank of America N.A. re #27 MOTION to Dismiss for Forum Non Conveniens or Transfer Venue Under 28 U.S.C. 1404(a) (Marshall, Gregory) |
| Filing 33 RESPONSE in Opposition re #27 MOTION to Dismiss for Forum Non Conveniens or Transfer Venue Under 28 U.S.C. 1404(a) filed by Christopher Ayeni. (Attachments: #1 Affidavit of Christopher Ayeni, M.D., #2 Exhibit Order Denying Motion to Dismiss, Judge E. Lujan, #3 Exhibit Office of Comptroller of the Currency Search, Bank of America, N.A.) (Norvell, Eric) |
| Filing 32 NOTICE by Christopher Ayeni re #27 MOTION to Dismiss for Forum Non Conveniens or Transfer Venue Under 28 U.S.C. 1404(a) Extension of Time to File Response (Norvell, Eric) |
| Filing 31 CERTIFICATE OF SERVICE by Christopher Ayeni of Plaintiffs' First Set of Discovery to Defendant Bank of America (Kramer, David) |
| Filing 30 NOTICE by Christopher Ayeni re #27 MOTION to Dismiss for Forum Non Conveniens or Transfer Venue Under 28 U.S.C. 1404(a) Notice of Agreement to Extension of Time to File Response (Kramer, David) |
| Filing 29 ANSWER to #17 Amended Complaint by Bank of America N.A..(Marshall, Gregory) |
| Filing 28 NOTICE by Bank of America N.A. re #27 MOTION to Dismiss for Forum Non Conveniens or Transfer Venue Under 28 U.S.C. 1404(a) (Attachments: #1 Exhibit 1) (Marshall, Gregory) |
| Filing 27 MOTION to Dismiss for Forum Non Conveniens or Transfer Venue Under 28 U.S.C. 1404(a) by Bank of America N.A.. (Attachments: #1 Supplement) (Marshall, Gregory) |
| Filing 26 CERTIFICATE OF SERVICE by Christopher Ayeni of Plaintiffs' Initial Disclosures to Defendant Bank of America (Kramer, David) |
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Filing 25
ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Damian L. Martinez. (im)
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Filing 24
SCHEDULING ORDER: by Magistrate Judge Damian L. Martinez. Discovery due by 4/9/2024. Discovery Motions due by 4/30/2024. Pretrial Motions, other than discovery motions, due by 5/14/2024. (im)
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| Filing 23 Clerk's Minutes for proceedings held before Magistrate Judge Damian L. Martinez: Scheduling Conference held on 10/10/2023. (im) |
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Filing 22
ORDER by Magistrate Judge Damian L. Martinez granting #20 Motion for Protective Order (im)
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| Filing 21 NOTICE by Bank of America N.A. re #17 Amended Complaint (Marshall, Gregory) |
| Filing 20 MOTION for Protective Order by Bank of America N.A.. (Attachments: #1 Supplement Proposed Order) (Marshall, Gregory) |
| Filing 19 Joint Status Report and Provisional Discovery Plan by Bank of America N.A. (Marshall, Gregory) |
| Filing 18 NOTICE of Appearance by Eric D Norvell on behalf of All Plaintiffs (Norvell, Eric) |
| Filing 17 AMENDED COMPLAINT against Cellco Partnership, Bank of America N.A.., filed by Christopher Ayeni. (Kramer, David) |
| Filing 16 NOTICE by Bank of America N.A. of Service of Rule 26 Initial Disclosures (Marshall, Gregory) |
| Filing 15 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States District Judge Margaret I. Strickland as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Chief District Judge William P. Johnson no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) |
| Filing 14 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 11. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 13 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States Chief District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) |
| Filing 12 AMENDED ANSWER to Plaintiff's Complaint by Bank of America N.A.. (Marshall, Gregory) |
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Filing 10
ORDER by Magistrate Judge Jerry H. Ritter GRANTING #9 Unopposed Motion for Referral to Binding Arbitration and for a Stay of Proceedings as to Defendant Verizon. Plaintiff and Verizon shall submit a joint post-arbitration status report within fifteen (15) days of the conclusion of arbitration. (ama)
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| Filing 9 Unopposed MOTION for Referral to Binding Arbitration and for a Stay of Civil Proceedings as to Defendant Verizon Only by Cellco Partnership. (Attachments: #1 Exhibit A) (Riether, Robert) |
| Filing 8 INITIAL SCHEDULING ORDER. Telephonic Rule 16(c) Hearing set for 10/10/2023 at 09:30 AM before Magistrate Judge Damian L. Martinez. Joint Status Report due by 9/29/2023. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 9/12/2023. (im) |
| Filing 7 ANSWER to Complaint (Notice of Removal) by Bank of America N.A.. (Marshall, Gregory) |
| Filing 6 NOTICE by Bank of America N.A. re #1 Notice of Removal, (Marshall, Gregory) |
| Filing 5 Corporate Disclosure Statement by Cellco Partnership identifying Corporate Parent Verizon Communications Inc., Other Affiliate Bell Atlantic Mobile Systems, LLC, Other Affiliate GTE Wireless LLC, Other Affiliate Verizon Americas LLC for Cellco Partnership. (Riether, Robert) |
| Filing 4 STIPULATION for Binding Arbitration and for a Stay of Civil Proceedings as to Defendant Verizon Only by Cellco Partnership (Riether, Robert) |
| Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jerry H. Ritter to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 2 Corporate Disclosure Statement by Bank of America N.A. identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company for Bank of America N.A.. (Marshall, Gregory) |
| Filing 1 NOTICE OF REMOVAL by Bank of America N.A. from County of Eddy Fifth Judicial District Court, case number D-503-cv-2023-00512. ( Filing Fee - Online Payment), filed by Bank of America N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Supplement Diversity Disclosure)(Marshall, Gregory) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8928522 re #1 Notice of Removal, filed by Bank of America N.A. (Payment made via Pay.gov)(Marshall, Gregory) |
| Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg) |
| United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Damian L. Martinez assigned. (jg) |
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