Perhson v. CLPF Kramer Ln LP et al
| Mathew Perhson and Mathew Pehrson |
| CLPF Kramer Ln LP and Texas Apartment Association |
| 1:2024cv00193 |
| February 26, 2024 |
| US District Court for the Western District of Texas |
| Docket - Austin |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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| DEFICIENCY NOTICE for Mathew Pehrson: re #16 Certificate of Service. Pleading is deficient because it lacks a complete signature block (to include law firm name, address, phone number and attorneys bar number) from an admitted attorney and a certificate of service. Please resubmit a CORRECTED or AMENDED document in full in proper pleading form pursuant to FRCP 11 and attach the affidavit and any supporting exhibits as ATTACHMENTS to the pleading. Link to supporting document if applicable. (klw) |
| Filing 16 CERTIFICATE OF SERVICE by Mathew Pehrson #13 MOTION for Clerk's Entry of Default against CLPF KRAMER LN LP (Attachments: #1 Exhibit Copy of Motion for Clerk's Entry of Default Judgement, #2 Exhibit Defendant's acceptance of letter with Motion of Clerk's Entry of Default Judgement, #3 Exhibit USPS email receipt of Tracking number showing letter mailed to Defendant #1, #4 Exhibit USPS printout of Tracking number showing letter mailed to Defendant #1)(Pehrson, Mathew) |
| Filing 15 RESPONSE to Motion, filed by Mathew Pehrson, re #8 MOTION for More Definite Statement filed by Defendant Texas Apartment Association (Attachments: #1 Exhibit HIGHLIGHTED COMPLAINT PER TAA'S REQUEST)(Pehrson, Mathew) |
| Filing 14 CERTIFICATE OF SERVICE by Mathew Pehrson to CLPF Kramer LN LP #4 Summons Returned Executed (Attachments: #1 Affidavit Details of Service of Summons to CLPF Kramer LN LP)(Pehrson, Mathew) |
| Filing 13 MOTION for Clerk's Entry of Default against CLPF KRAMER LN LP by Mathew Pehrson. (Attachments: #1 Exhibit copy of apartment lease contract, #2 Exhibit notice from agent of service, #3 Exhibit notice from agent of service, #4 Exhibit notice from agent of service, #5 Exhibit transcript of phone call with agent of service, #6 Exhibit transcript of phone call with agent of service, #7 Exhibit notice from agent of service, #8 Exhibit affidavit from process server, #9 Exhibit transcript of phone call with agent of service)(Pehrson, Mathew) |
| Filing 12 Second MOTION for Clerk's Entry of Default against CLPF KRAMER LN LP by Mathew Pehrson. (Attachments: #1 copy of apartment lease contract, #2 notice from agent of service, #3 notice from agent of service, #4 notice from agent of service, #5 transcript of phone call with agent of service, #6 transcript of phone call with agent of service, #7 notice from agent of service, #8 affidavit from process server, #9 transcript of phone call with agent of service)(Pehrson, Mathew) |
Filing 11
ORDER DENYING without prejudice Plaintiff's #9 Motion for Clerk's Entry of Default. ORDER that Plaintiff shall provide proof of service of CLPF to the Court on or before May 26, 2024. Signed by Judge Robert Pitman. (klw)
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| Filing 10 Proposed Order to #8 MOTION for More Definite Statement by Texas Apartment Association. (Rogers, Corey) |
| Filing 9 MOTION for Clerk's Entry of Default against CLPF KRAMER LN LP by Mathew Pehrson. (Pehrson, Mathew) |
| DEFICIENCY NOTICE: for Corey Rogers re #8 MOTION for More Definite Statement. Proposed Orders are required when a non-dispositive Motion is filed. DO NOT RE-FILE the entire document. Please, file ONLY the Proposed Order. Use the "PROPOSED ORDER" event from the menu and LINK the Proposed Order to your Motion. (klw) |
| Filing 8 MOTION for More Definite Statement by Texas Apartment Association. (Rogers, Corey) |
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Text Order DENYING #7 Motion for Default Judgment entered by Judge Robert Pitman. Under Rule 55 of the Federal Rules of Civil Procedure, federal courts have the authority to enter a default judgment against a defendant that has failed to plead or otherwise defend itself within the time required. Fed. R. Civ. P. 55(a)(b). Because Defendants deadline to file a responsive pleading in this action has not yet passed, Defendants have not failed to appear. Furthermore, Plaintiff moved for default judgment against Defendants without first seeking an entry of default. Before a district court may enter a default judgment, the moving party must obtain entry of default pursuant to Federal Rule of Civil Procedure 55(a). See, e.g., Cox v. Collin Cty. Sheriffs Office, No. 4:13CV648, 2014 WL 61068, at *1 (E.D. Tex. Jan. 7, 2014); Beachhead, L.P. v. Solar Night Indus., Inc., No. CIV.A.3:08-CV-0718-D, 2008 WL 4692856, at *1 (N.D. Tex. Oct. 23, 2008). Accordingly, Plaintiffs motion for default judgment must be denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)
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Text Order DENYING #6 Motion for Default Judgment entered by Judge Robert Pitman. Under Rule 55 of the Federal Rules of Civil Procedure, federal courts have the authority to enter a default judgment against a defendant that has failed to plead or otherwise defend itself within the time required. Fed. R. Civ. P. 55(a)(b). Because Defendants deadline to file a responsive pleading in this action has not yet passed, Defendants have not failed to appear. Furthermore, Plaintiff moved for default judgment against Defendants without first seeking an entry of default. Before a district court may enter a default judgment, the moving party must obtain entry of default pursuant to Federal Rule of Civil Procedure 55(a). See, e.g., Cox v. Collin Cty. Sheriffs Office, No. 4:13CV648, 2014 WL 61068, at *1 (E.D. Tex. Jan. 7, 2014); Beachhead, L.P. v. Solar Night Indus., Inc., No. CIV.A.3:08-CV-0718-D, 2008 WL 4692856, at *1 (N.D. Tex. Oct. 23, 2008). Accordingly, Plaintiffs motion for default judgment must be denied. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)
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| Filing 7 MOTION for Default Judgment against TEXAS APARTMENT ASSOCIATION by Mathew Pehrson. (Pehrson, Mathew) |
| Filing 6 MOTION for Default Judgment against CLPF KRAMER LN LP by Mathew Pehrson. (Pehrson, Mathew) |
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Text Order GRANTING #3 Pro Se Motion for Permission to file Electronically entered by Judge Robert Pitman. Plaintiff will receive further instructions by e-mail. Plaintiff is not required to file electronically, but the Court strongly recommends that he register as soon as possible once he receives instructions. Once Plaintiff registers, the Court will assume that Plaintiff timely receives electronic notifications and reviews all docket activity. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)
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| Filing 5 SUMMONS Returned Executed by Mathew Pehrson. CLPF Kramer Ln LP served on 2/28/2024, answer due 3/20/2024. (klw) |
| Filing 4 SUMMONS Returned Executed by Mathew Pehrson. Texas Apartment Association served on 2/28/2024, answer due 3/20/2024. (klw) |
| Filing 3 Pro Se MOTION for Permission to file Electronically by Mathew Pehrson. (klw) |
| Filing 2 Summons Issued as to CLPF Kramer Ln LP, Texas Apartment Association. (cr5) |
| Filing 1 COMPLAINT ( Filing fee $ 405 receipt number 1531), filed by Mathew Perhson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Receipt)(cr5) |
| 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. (cr5) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5) |
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