Leyva v. Bascai, Inc. et al
Plaintiff: Carlos A. Leyva
Defendant: Bascai, Inc., DOES 1-10 and Kao Chi Ping Chen
Case Number: 1:2023cv01348
Filed: November 6, 2023
Court: US District Court for the Western District of Texas
Presiding Judge: Docket - Austin
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. ยง 1961 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2023 Opinion or Order Filing 20 ORDER re #18 MOTION for Extension of Time to File Response/Reply filed by Bascai, Inc. Signed by Judge Robert Pitman. (cc3)
December 28, 2023 Filing 19 Response in Opposition to Motion, filed by Carlos A. Leyva, re #18 MOTION for Extension of Time to File Response/Reply filed by Defendant Bascai, Inc. (Leyva, Carlos)
December 28, 2023 Opinion or Order Text Order GRANTING #18 Motion for Extension of Time to File entered by Judge Robert Pitman. IT IS ORDERED that Defendant Bascai, Inc. shall file a reply, if at all, on or before January 9, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
December 27, 2023 Filing 18 MOTION for Extension of Time to File Response/Reply by Bascai, Inc.. (Attachments: #1 Proposed Order)(Wood, Matthew)
December 26, 2023 Filing 17 REPLY to Response to Motion, filed by Kao Chi Ping Chen, re #11 Motion to Dismiss for Failure to State a Claim and Failure to State a Fraud Claim with Particularity filed by Defendant Kao Chi Ping Chen (Spencer, Arnold)
December 26, 2023 Filing 16 Memorandum in Opposition to Motion, filed by Carlos A. Leyva, re #15 MOTION to Dismiss for Lack of Jurisdiction and Insufficient Service filed by Defendant Bascai, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Leyva, Carlos)
December 23, 2023 MOTION REFERRED: referred #15 MOTION to Dismiss for Lack of Jurisdiction and Insufficient Service. Referral Judge: Susan Hightower. (pg)
December 23, 2023 Opinion or Order Text Order MOOTING #12 Motion for Clerk's Entry of Default entered by Judge Robert Pitman. In light of Defendant's motion to dismiss, (Dkt. 15), the motion for clerk's entry of default is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
December 23, 2023 Text Order REFERRING #15 IT IS ORDERED that Defendant's Motion to Dismiss is REFERRED to United States Magistrate Judge Susan Hightower for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas.(This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
December 22, 2023 Filing 15 MOTION to Dismiss for Lack of Jurisdiction and Insufficient Service by Bascai, Inc.. (Attachments: #1 Exhibit A)(Wood, Matthew)
December 19, 2023 Filing 14 Response in Opposition to Motion, filed by Carlos A. Leyva, re #11 Motion to Dismiss for Failure to State a Claim and Failure to State a Fraud Claim with Particularity filed by Defendant Kao Chi Ping Chen (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Leyva, Carlos)
December 15, 2023 Filing 13 NOTICE of Attorney Appearance by Matthew Carlton Wood on behalf of Bascai, Inc.. Attorney Matthew Carlton Wood added to party Bascai, Inc.(pty:dft) (Wood, Matthew)
December 13, 2023 Filing 12 MOTION for Clerk's Entry of Default against Bascai, Inc. by Carlos A. Leyva. (Attachments: #1 Affidavit)(Leyva, Carlos)
December 13, 2023 MOTION REFERRED: referred #6 MOTION for Discovery, #11 Motion to Dismiss for Failure to State a Claim and Failure to State a Fraud Claim with Particularity. Referral Judge: Susan Hightower. (pg)
December 13, 2023 Opinion or Order Text Order REFERRING #6 Motion for Discovery entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion for Early Discovery, (Dkt. 6), is REFERRED to United States Magistrate Judge Susan Hightower for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
December 13, 2023 Opinion or Order Text Order REFERRING #11 Motion to Dismiss for Failure to State a Claim entered by Judge Robert Pitman. IT IS ORDERED that Defendant's Motion to Dismiss is REFERRED to United States Magistrate Judge Susan Hightower for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
December 12, 2023 Filing 11 Motion to Dismiss for Failure to State a Claim and Failure to State a Fraud Claim with Particularity by Kao Chi Ping Chen. (Attachments: #1 Proposed Order)(Spencer, Arnold)
November 28, 2023 Filing 10 SUMMONS Returned Executed by Carlos A. Leyva. Kao Chi Ping Chen served on 11/21/2023, answer due 12/12/2023. (Leyva, Carlos)
November 28, 2023 Filing 9 SUMMONS Returned Executed by Carlos A. Leyva. Bascai, Inc. served on 11/21/2023, answer due 12/12/2023. (Leyva, Carlos)
November 16, 2023 Filing 8 Summons Issued as to Kao Chi Ping Chen. (cc3)
November 16, 2023 Filing 7 AMENDED COMPLAINT filed by Carlos A. Leyva.(cc3)
November 14, 2023 Opinion or Order Text Order GRANTING #2 Pro Se Motion for Permission to file Electronically entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc)
November 13, 2023 Filing 6 MOTION for Early Discovery on Defendant Bascai by Carlos A. Leyva. (jv2)
November 13, 2023 Filing 5 SUMMONS Returned Executed by Carlos A. Leyva. Bascai, Inc. served on 11/11/2023, answer due 12/4/2023. (jv2)
November 13, 2023 Filing 4 Exhibit A - Affidavit of Carlos A. Leyva to #2 Pro Se MOTION for Permission to file Electronically by Carlos A. Leyva. (jv2)
November 6, 2023 Filing 3 Summons Issued as to Bascai, Inc. (jv2)
November 6, 2023 Filing 2 Pro Se MOTION for Permission to file Electronically by Carlos A. Leyva. (jv2)
November 6, 2023 Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 1308), filed by Carlos A. Leyva. (Attachments: #1 Exhibits A-H, #2 Exhibits I-U, #3 Bascai, Inc. Statement of Information Corporation, #4 Civil Cover Sheet, #5 Filing Fee)(jv2)
November 6, 2023 Case assigned to Judge Docket II - Austin. 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. (jv2)
November 6, 2023 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (jv2)
November 6, 2023 DEMAND for Trial by Jury by Carlos A. Leyva. (jv2)

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Plaintiff: Carlos A. Leyva
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Defendant: Bascai, Inc.
Represented By: Matthew Carlton Wood
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Defendant: DOES 1-10
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Defendant: Kao Chi Ping Chen
Represented By: Arnold A. Spencer
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