Prestige Default Services, LLC v. Ivory et al
Plaintiff: Prestige Default Services, LLC
Defendant: George Kenneth Ivory, Office of the Attorney General of Texas, Department of Treasury Internal Revenue Service, Edward Butler, Robin Butler and Kenneth Ivory
Case Number: 1:2023cv01097
Filed: September 13, 2023
Court: US District Court for the Western District of Texas
Presiding Judge: Robert Pitman
Nature of Suit: Taxes
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Contract Dispute
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2023 Filing 13 MOTION for Summary Judgment United States of America's Motion for Summary Judgment Determining Lien Priority in the Excess Proceeds From the Sale of Defendant Kenneth Ivory's Homestead by Department of Treasury Internal Revenue Service. (Attachments: #1 Exhibit 1 - Ivory Warranty Deed, #2 Exhibit 2 - Deed of Trust dated April 3, 2007, #3 Exhibit 3 - Butler Abstract of Judgment filed July 8, 2013, #4 Exhibit 4 - K. McGuire Declaration, #5 Exhibit 5 - Ivory 2007 acct trans, #6 Exhibit 6 - Ivory 2008 acct trans, #7 Exhibit 7 - Ivory 2009 acct trans, #8 Exhibit 8 - Ivory 2010 acct trans, #9 Exhibit 9 - Ivory 2011 acct trans, #10 Exhibit 10 - Ivory 2013 acct trans, #11 Exhibit 11 - Ivory 2014 acct trans, #12 Exhibit 12 - Ivory 2015 acct trans, #13 Exhibit 13 - Ivory 2016 acct trans, #14 Exhibit 14 - tax lien filed 10-30-2017, #15 Exhibit 15 - tax lien filed 12_19_2017, #16 Exhibit 16 - Atty Gen Abstract of Judgment filed August 28, 2018, #17 Proposed Order)(Herrin, Thomas)
October 27, 2023 Opinion or Order Text Order GRANTING #12 Motion to Substitute Attorney entered by Judge Robert Pitman. IT IS ORDERED that Thomas M. Herrin is substituted for Joseph S. OBrien as counsel of record for the United States. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
October 26, 2023 Filing 12 MOTION to Substitute Attorney Thomas M. Herrin in place of Joseph S. O'Brien by Department of Treasury Internal Revenue Service. (Attachments: #1 Proposed Order)(O'Brien, Joseph)
October 18, 2023 Opinion or Order Text Order GRANTING #9 Motion to Substitute Attorney entered by Judge Robert Pitman. IT IS ORDERED that Jennine Hovell-Cox is WITHDRAWN as attorney of record for Plaintiff. IT IS FURTHER ORDERED that George Scherer shall be noted as attorney of record for Plaintiff. The parties are encouraged to include certificates of conference on all non-dispositive motions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
October 13, 2023 Filing 11 ANSWER to Complaint (Notice of Removal) by Office of the Attorney General of Texas. (Hilbig, Jennie)
October 12, 2023 Filing 10 ANSWER to Complaint by Department of Treasury Internal Revenue Service.(O'Brien, Joseph)
October 10, 2023 Filing 9 MOTION to Substitute Attorney by Prestige Default Services, LLC. (Attachments: #1 Proposed Order)(Scherer, George)
October 2, 2023 Opinion or Order Text Order GRANTING #8 Motion for Extension of Time entered by Judge Robert Pitman. IT IS ORDERED that the OAG Defendant's deadline to respond to Plaintiff's complaint shall be October 13, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
October 2, 2023 Reset Deadlines: Office of the Attorney General of Texas answer due 10/13/2023. (pg)
September 29, 2023 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 Supplement, #1 Notice of Removal,, by Office of the Attorney General of Texas. (Hilbig, Jennie)
September 29, 2023 Filing 7 NOTICE of Attorney Appearance by Jennie Lynn Hilbig on behalf of Office of the Attorney General of Texas. Attorney Jennie Lynn Hilbig added to party Office of the Attorney General of Texas(pty:dft) (Hilbig, Jennie)
September 21, 2023 Opinion or Order Text Order GRANTING #6 Unopposed Motion for Extension of Time to Answer entered by Judge Robert Pitman. IT IS ORDERED that the United States has until October 13, 2023 to answer or otherwise respond to the Interpleader Petition. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
September 21, 2023 Set/Reset Deadlines: Department of Treasury Internal Revenue Service answer due 10/13/2023. (jv2)
September 20, 2023 Filing 6 MOTION for Extension of Time to File Answer by Department of Treasury Internal Revenue Service. (Attachments: #1 Proposed Order)(O'Brien, Joseph)
September 18, 2023 Filing 5 CERTIFICATE OF SERVICE by Department of Treasury Internal Revenue Service AMENDED #1 Notice of Removal,, (O'Brien, Joseph)
September 18, 2023 Filing 4 SUPPLEMENT to #1 Notice of Removal,, Civil Cover Sheet by Department of Treasury Internal Revenue Service. (O'Brien, Joseph)
September 15, 2023 Filing 3 DEFICIENCY NOTICE: re #1 Notice of Removal, the Notice of Removal you filed is deficient for two reasons: You failed to attach the Supplement to the Civil Cover Sheet. This form can be located on our website. Please prepare and electronically submit the supplement using Civil Events - Other Filings - Other Documents - Supplement. This form is required for any Notice of Removal filed in the Western District of Texas. Also, your Certificate of Service does not indicate means of service on attorneys for plaintiff, who at the time of filing the Notice of Removal had not been added to the docket and therefore has not been served via CM/ECF. Please file an Amended Certificate of Service as a SEPARATE PLEADING. Use the "Certificate of Service" event under the "Service of Process" menu. State means of service to counsel. (cr5)
September 15, 2023 Opinion or Order Filing 2 ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman. (cr5)
September 13, 2023 Case assigned to Judge Robert Pitman. 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. (cr5)
September 13, 2023 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5)
September 13, 2023 Filing 1 NOTICE OF REMOVAL by Department of Treasury Internal Revenue Service (Filing fee waived), filed by Department of Treasury Internal Revenue Service. (Attachments: #1 Civil Cover Sheet, #2 Supplement, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(O'Brien, Joseph) (Attachment 1 replaced on 9/15/2023 to flatten document) (cr5).

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Search for this case: Prestige Default Services, LLC v. Ivory et al
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Plaintiff: Prestige Default Services, LLC
Represented By: George Colby Scherer
Represented By: Jennine Y. Hovell-Cox
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Defendant: George Kenneth Ivory
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Defendant: Office of the Attorney General of Texas
Represented By: Jennie Lynn Hilbig
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Defendant: Department of Treasury Internal Revenue Service
Represented By: Joseph S. O'Brien
Represented By: Thomas M. Herrin
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Defendant: Edward Butler
Represented By: Dustin Snow Whittenburg
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Defendant: Robin Butler
Represented By: Dustin Snow Whittenburg
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Defendant: Kenneth Ivory
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