McCurry et al v. McCurry
| Benjamin McCurry and Kelly McCurry |
| Agness McCurry |
| James R Cook II |
| 4:2025cv03082 |
| July 2, 2025 |
| U.S. District Court for the Southern District of Texas |
| Keith P Ellison |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on October 15, 2025. A more recent docket listing may be available from PACER.
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| ***Delivery Confirmation for delivery date(s) 10/15/25 at 8:47 re: 27 Document(s) Sent, filed. (amp4) |
| ***Delivery Confirmation for delivery date(s) 10/10/25 at 10:27 AM re: 26 Document(s) Sent, filed. (amp4) |
Filing 25
ORDER granting #8 First MOTION to Remand. The case is hereby REMANDED to the Chancery Court for Washington County, effective October 6, 2025. Case terminated on October 7, 2025. (Signed by Judge Keith P Ellison) Parties notified. (jm4)
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| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 10/6/2025. The Court considered Plaintiffs Motion to Remand (ECF 8). The Court GRANTED the Motion. The case is remanded to the Washington County Chancery Court. Appearances: Sandy Phillips, Agness McCurry. (Court reporter: L. Smith) (Law clerk: K. Salinas)., filed. (aar4) |
| Filing 24 RESPONSE to Motion for Leave to File Motion to Recuse, filed by Kelly McCurry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Phillips, Sandy) |
| Filing 23 NOTICE of Setting as to #8 First MOTION to Remand. Parties notified. Motion Hearing reset for 10/6/2025 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (aar4) |
| Filing 22 NOTICE of Setting as to #8 First MOTION to Remand. Parties notified. Motion Hearing set for 10/8/2025 at 04:00 PM in by telephone before Judge Keith P Ellison, filed. (aar4) |
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Filing 21
ORDER staying motions (Signed by Judge Keith P Ellison) Parties notified. (aar4)
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| Filing 20 NOTICE of Filing Reply to Petitioner's Answer to her Motion to Dismiss Ground 1 and 2 by Agness McCurry, filed. (th4) |
| Filing 19 MOTION to Dismiss as an Abusive Civil Action Under Tenn. Code Ann. 29-41-106; for an Evidentiary Hearing under 29-41-104; and for fees and this Courts Jurisdiction under Erie R.R. Co. V. Tompkins, 304 U.S. 64 (1938) by Benjamin McCurry, Kelly McCurry, filed. Motion Docket Date 10/14/2025. (dm4) |
| Filing 18 MOTION (1) Referral to Prosecuting and Disciplinary Authorities regarding Potential Mail/Wire Fraud, Obstruction (Including Harassment and Deception), and Related RICO Predicates; and (2) Sanctions Under 28 U.S.C. 1927 (As Applicable) and the Court's Inherent Authority by Benjamin McCurry, Kelly McCurry, filed. Motion Docket Date 10/14/2025. (dm4) |
| Filing 17 MOTION to Revoke Pro Hac Vice Admission of Sandy Phillips by Agness McCurry, filed. Motion Docket Date 10/10/2025. (cak4) |
| Filing 16 MOTION for Leave to File Notice of Counsel Sandy Phillips's Deliberate Falsehoods Regarding Removal, and Legal Consequences under the Supreme Court Case The Santissima Trinidad, 20 U.S. 283, 339 (1822) by Benjamin McCurry, Kelly McCurry, filed. Motion Docket Date 10/8/2025. (Attachments: #1 Exhibits) (dm4) |
| Filing 15 MOTION to Disqualify Sandy Phillips and the Law Office of Sandy Phillips by Agness McCurry, filed. Motion Docket Date 10/1/2025. (abb4) |
| Filing 13 First RESPONSE in Opposition to #7 MOTION to Dismiss, filed by Kelly McCurry. (Phillips, Sandy) |
| Filing 14 DEFENDANT'S NOTICE OF OPPOSITION TO MAGISTRATE JUDGE JURISDICTION AND NOTICE THAT PLAINTIFF'S ATTORNEY SANDY PHILLIPS AND HER LAW FIRM IS A PARTY-DEFENDANT FOR FACTS RELATED TO REMOVAL filed by Agness McCurry. (glk4) |
| Filing 12 MOTION for Leave to Supplement Prior Motion and Memorandum of Law by Agness McCurry, filed. Motion Docket Date 9/18/2025. (bli4) |
| Filing 10 MOTION for Leave and Notice of Supplemental Authority and Evidence 28 U.S.C 1738 by Agness McCurry, filed. Motion Docket Date 9/8/2025. (jm4) |
| Filing 11 CONSENT to Proceed Before a Magistrate Judge by Benjamin McCurry, Kelly McCurry, filed. (glk4) |
| Filing 9 RESPONSE in Opposition to #8 First MOTION to Remand, filed by Agness McCurry. (Attachments: #1 Exhibits) (bli4) |
| Filing 8 First MOTION to Remand by Benjamin McCurry, filed. Motion Docket Date 9/2/2025. (Attachments: #1 Supplement Memo in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (Phillips, Sandy) |
| Filing 7 MOTION to Dismiss Case Rule 12(B) by Agness McCurry, filed. Motion Docket Date 8/29/2025. (th4) |
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Filing 6
ORDER granting #5 Motion for Sandy Phillips to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Keith P Ellison) Parties notified. (dm4)
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| Filing 5 MOTION to Appear Pro Hac Vice for Sandy Phillips (Fee Paid: $100, receipt number ATXSDC-33730930) by Kelly McCurry, filed. Motion Docket Date 7/30/2025. (Phillips, Sandy) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/24/2025 at 10:15 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (bmn4)
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| Filing 3 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bmn4) |
| Referral Judge Selected: Magistrate Judge Richard W. Bennett randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bmn4) |
| Filing 2 EXHIBITS re: #1 Notice of Removal by Agness McCurry, filed. (dm4) |
| Filing 1 NOTICE OF REMOVAL from Washington County Chancery Court, case number 24-AD-0225 ( Filing fee $ 405) filed by Agness McCurry. (Attachments: #1 Civil Cover Sheet) (dm4) |
| Confirmation of receipt of payment from Agness McCurry in the amount of $ 405 re: #1 Notice of Removal. Receipt date: 07/02/2025. Receipt number 400013943. Purpose Description: Civil Filing Fee. (dm4) |
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