Bozant v. THFC Corporation
| Melissa Bozant |
| Hi Tech Automotive and THFC Corporation doing business as Hi Tech Automotive |
| 1:2020cv00979 |
| September 23, 2020 |
| US District Court for the Western District of Texas |
| Mark Lane |
| Lee Yeakel |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 4, 2020. A more recent docket listing may be available from PACER.
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Filing 50
ORDER REFERRING all pending and future discovery motions as well as all other nondispositive motions in this case to United States Magistrate Judge Mark Lane for resolution. ORDER REFERRING all pending and future dispositive motions to United States Magistrate Judge Mark Lane for Report and Recommendation. Signed by Judge Lee Yeakel. (lt)
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Filing 49
ORDER GRANTING Attorney Jasmine Mines' #45 Motion to Withdraw as Counsel. Signed by Judge Lee Yeakel. (lt)
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| Filing 48 Response in Opposition to Motion, filed by Hi Tech Automotive, THFC Corporation, re #42 MOTION to Dismiss filed by Defendant THFC Corporation Defendant's Reply in Support of Motion to Dismiss for Insufficient Service of Process Pursuant to Federal Rule of Civil Procedure 12(b)(5) (Ramsaur, Brett) |
| Filing 47 RESPONSE to Motion, filed by Melissa Bozant, re #42 MOTION to Dismiss filed by Defendant THFC Corporation (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2)(lt) |
| Filing 46 NOTICE of Pro Se Appearance by Melissa Bozant (lt) |
| Filing 45 MOTION to Withdraw as Counsel for Melissa Bozant by Jasmine Mines. (lt) |
| Filing 44 NOTICE of Attorney Appearance by Brett H Ramsaur on behalf of THFC Corporation (Ramsaur, Brett) |
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Filing 43
ORDER GRANTING #41 Motion for Brett H. Ramsaur to Appear Pro Hac Vice on behalf of THFC Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt)
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| Filing 42 MOTION to Dismiss by THFC Corporation. (Powell, Douglas) |
| Filing 41 MOTION to Appear Pro Hac Vice by Douglas J. Powell for Brett H. Ramsaur ( Filing fee $ 100 receipt number 0542-14046592) by on behalf of THFC Corporation. (Powell, Douglas) Modified on 10/7/2020 (lt). |
| Filing 40 FILING ERROR. DISREGARD DOCKET ENTRY. See Motion at #41 EX PARTE MOTION (Powell, Douglas) Modified on 10/7/2020 (lt). |
| Filing 39 NOTICE of Attorney Appearance by Douglas J. Powell on behalf of THFC Corporation. Attorney Douglas J. Powell added to party THFC Corporation(pty:dft) (Powell, Douglas) |
| Filing 38 Case Transfer and Opening Letter mailed to Jasmine Mines and Brett H. Ramsaur. (cj) |
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Filing 37
Orders Directing Jasmine Mines and Brett H. Ramsaur to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
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| Filing 36 Case electronically transferred in from Central District of California; Case Number 2:19-cv-09692. |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| DEMAND for Trial by Jury by Melissa Bozant. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj) |
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Filing 35
ORDER by Judge Dale S. Fischer GRANTING Plaintiff's Motion to Alter or Amend Judgment (Dkt. #31 ), the Judgment, Dkt. #29 , is VACATED, and the Order, Dkt. #28 , is amended to TRANSFER this action to the United States District Court for the Western District of Texas. Case transferred electronically. (MD JS-6, Case Terminated.) (jp) [Transferred from California Central on 9/29/2020.]
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| Filing 34 REPLY to Plaintiff's Opposition to Plaintiff's Motion for Reconsideration filed by Plaintiff Melissa Bozant. (Mines, Jasmine) [Transferred from California Central on 9/29/2020.] |
| Filing 33 OPPOSITION Defendants Opposition to re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Judgment on the Pleadings,, Order on Motion to Set Aside Default, #28 , Judgment #29 #31 filed by Defendants Hi Tech Automotive, THFC Corporation. (Ramsaur, Brett) [Transferred from California Central on 9/29/2020.] |
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Filing 32
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: re Motion for Reconsideration re Order on Motion for Judgment on the Pleadings, Order on Motion to Set Aside Default Judgment #29 #31 The Court sets the hearing on the motion for 10/5/2020 at 01:30 PM before Judge Dale S. Fischer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY [Transferred from California Central on 9/29/2020.]
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| Filing 31 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Judgment on the Pleadings,, Order on Motion to Set Aside Default, #28 , Judgment #29 filed by Ms. Jasmine Mines, Esq. Melissa Bozant. (Attachments: #1 Exhibit Proof of Service) (Mines, Jasmine) [Transferred from California Central on 9/29/2020.] |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Jasmine Mines counsel for Plaintiff Melissa Bozant. Adding Ms. Jasmine Mines as counsel of record for Melissa Bozant for the reason indicated in the G-123 Notice. Filed by Plaintiff Ms. Jasmine Mines, Esq.. (Attorney Jasmine Mines added to party Melissa Bozant(pty:pla))(Mines, Jasmine) [Transferred from California Central on 9/29/2020.] |
| Filing 29 JUDGMENT by Judge Dale S. Fischer. See judgment for specifics. (MD JS-6, Case Terminated). (lom) [Transferred from California Central on 9/29/2020.] |
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Filing 28
Order DENYING Plaintiff's Motion for Default Judgment (Dkt. #19 ), GRANTING Defendant's Motion to Set Aside Entry of Default (Dkt. #23 ), and DISMISSING Plaintiff's Claims by Judge Dale S. Fischer. See order for specifics. (lom) [Transferred from California Central on 9/29/2020.]
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| Filing 27 REPLY In Support NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #18 . Pursuant to Federal Rule of Civil Procedure 55(c) #23 filed by Defendants Hi Tech Automotive, THFC Corporation. (Attachments: #1 Proof of Service)(Ramsaur, Brett) [Transferred from California Central on 9/29/2020.] |
| Filing 26 OBJECTION to Defendant's MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) #18 Pursuant to FRCP 55(c) #23 filed by Plaintiff Melissa Bozant. (jp) [Transferred from California Central on 9/29/2020.] |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #18 . Pursuant to Federal Rule of Civil Procedure 55(c) #23 . The following error(s) was/were found: Attorney's address differs from what is on the document and what have in our system. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) [Transferred from California Central on 9/29/2020.] |
| Filing 25 DECLARATION IN RESPONSE TO THIS COURT'S ORDER DEFERRING APPLICATION FOR DEFAULT JUDGMENT #22 filed by Plaintiff Melissa Bozant. (lom) [Transferred from California Central on 9/29/2020.] |
| Filing 23 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #18 . Pursuant to Federal Rule of Civil Procedure 55(c) filed by Defendant Hi Tech Automotive, THFC Corporation. Motion set for hearing on 8/31/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Mona Wakim in Support of Motion to Set Aside Entry of Default, #2 Proposed Order, #3 Proof of Service) (Attorney Brett H Ramsaur added to party Hi Tech Automotive(pty:dft), Attorney Brett H Ramsaur added to party THFC Corporation(pty:dft)) (Ramsaur, Brett) [Transferred from California Central on 9/29/2020.] |
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Filing 22
ORDER DEFERRING APPLICATION FOR DEFAULT JUDGMENT #19 by Judge Dale S. Fischer: The Court DEFERS ruling on the application until Plaintiff submits evidenceindicating that the Court has personal jurisdiction over Defendant.Plaintiff is ordered to submit a supplemental declaration with facts in support of the Courts exercise of personal jurisdiction no later than July 10, 2020. Failure to file by that date will result in the Court dismissing the case. To the extent Plaintiff wishes to submit a supplemental brief or additional declaration to address the Eitel factors and her request for damages, she must also do so no later than July 10, 2020. (lc) [Transferred from California Central on 9/29/2020.]
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| Filing 21 NOTICE OF HEARING re Motion for Judgment #19 filed by Plaintiff Melissa Bozant. (jp) [Transferred from California Central on 9/29/2020.] |
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Filing 20
TEXT ONLY ENTRY: (IN CHAMBERS) ORDER by Judge Dale S. Fischer re Motion for Judgment on the Pleadings against Defaulted Defendant THFC Corporation dba Hi Tech Automotive #19 The Court sets the hearing on the Motion for 6/22/2020 at 01:30 PM before Judge Dale S. Fischer. Plaintiff is to give notice.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY [Transferred from California Central on 9/29/2020.]
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| Filing 19 PLAINTIFF'S MOTION for Judgment on the Pleadings against Defaulted Defendant THFC Corporation dba Hi Tech Automotive filed by Plaintiff Melissa Bozant. (jp) [Transferred from California Central on 9/29/2020.] |
| Filing 18 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendant THFC Corporation dba Hi-Tech Automotive. (jp) [Transferred from California Central on 9/29/2020.] |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Melissa Bozant, upon Defendant THFC Corporation dba Hi-Tech Automotive served on 3/19/2020, answer due 4/9/2020. Service of the Summons and Complaint were executed upon Hussein Ali Jameleldinnechmeis, who is designated by law to accept service of process on behalf of THFC Corporation dba Hi-Tech Automotive in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (jp) [Transferred from California Central on 9/29/2020.] |
| Filing 17 APPLICATION for Entry of Default against defendant THFC Corporation dba Hi-Tech Automotive Pursuant to Rule 55(a) of the FRCP filed by Plaintiff Melissa Bozant. (jp) [Transferred from California Central on 9/29/2020.] |
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Filing 15
ORDER TO SHOW CAUSE re Dismissal for Lack of Prosecution by Judge Dale S. Fischer. Response to Order to Show Cause due by 5/11/2020. (rfi) [Transferred from California Central on 9/29/2020.]
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| Filing 14 Summons Issued #11 as to Defendant THFC Corporation d/b/a Hi-Tech Automotive. (yl) [Transferred from California Central on 9/29/2020.] |
| Filing 13 SUPPLEMENTAL filed by Plaintiff Melissa Bozant. (jp) [Transferred from California Central on 9/29/2020.] |
| Filing 12 NOTICE OF DEFICIENCY Re: APPLICATION for Entry of Default against defendant Hi Tech Automotive #10 . The Clerk cannot enter the requested relief as: (1)Proof of Service is lacking required information: (a) Proof of Service of Summons and Complaint does NOT indicate the Name, Title or Capacity of person authorize to accept service on behalf of the Defendant Hi Tech Automotive. Under the federal rules, service upon a corporation must be made upon an authorized agent. (b) First Amended Complaint on file dated 1/22/2020 (Dkt No. #11 ). (3) Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (jp) [Transferred from California Central on 9/29/2020.] |
| Filing 11 FIRST AMENDED COMPLAINT against defendant Hi Tech Automotive #1 filed by Plaintiff Melissa Bozant. (lom) [Transferred from California Central on 9/29/2020.] |
| Filing 10 APPLICATION for Entry of Default against defendant Hi Tech Automotive filed by plaintiff Melissa Bozant. (jp) [Transferred from California Central on 9/29/2020.] |
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Filing 9
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) [Transferred from California Central on 9/29/2020.]
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| Filing 8 PROOF OF SERVICE BY US POSTAL MAIL on 12/3/19 Executed by Plaintiff Melissa Bozant, upon Defendant Hi Tech Automotive served on 12/3/2019, answer due 12/24/2019. No return receipt attached. (lom) [Transferred from California Central on 9/29/2020.] |
| Filing 7 21 DAY Summons Issued re Complaint #1 as to Defendant Hi Tech Automotive. (jp) [Transferred from California Central on 9/29/2020.] |
| Filing 6 FINANCIAL ENTRY: Received $400.00 from Melissa Bozant. Re: Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60),, #5 . Receipt number LA198459. (ap) [Transferred from California Central on 9/29/2020.] |
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Filing 5
ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Judge by Judge Dale S. Fischer that the request to Proceed In Forma Pauperis #2 is hereby DENIED. IT IS RECOMMENDED by Magistrate Judge Karen L. Stevenson for the following reasons: (1) Inadequate showing of indigency; (2) Plaintiff failed to answer all of the questions regarding her sources of income on P.1, Q.3 of the Application and did not identity the 'other sources' of income in response to Q3(f). IT IS FURTHER ORDERED that Plaintiff SHALL PAY THE FILING FEES IN FULL within 30 days or this case will be dismissed. (jp) [Transferred from California Central on 9/29/2020.]
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| RECOMMENDATION presented by Magistrate Judge Karen L. Stevenson. Re Complaint, #1 , APPLICATION to Proceed In Forma Pauperis, Declaration in Support #2 . Proposed Order forwarded to the District Judge for approval. (gr) [Transferred from California Central on 9/29/2020.] |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 9/29/2020.] |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Karen L. Stevenson. (jtil) [Transferred from California Central on 9/29/2020.] |
| Filing 2 APPLICATION to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff Melissa Bozant. (jtil) [Transferred from California Central on 9/29/2020.] |
| Filing 1 COMPLAINT filed by Plaintiff Melissa Bozant against Defendant Hi Tech Automotive. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Karen L. Stevenson. (Attachments: #1 Summons Request) (jtil) [Transferred from California Central on 9/29/2020.] (Additional attachment(s) added on 9/29/2020: #2 Civil Cover Sheet) (cj). |
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