Schnurr v. Preston, et al
| Gregory W. Schnurr |
| OESK, LLC, Emerald FL, LLC, McKinley Mortgage Co., L.L.C., Shasta Management, LLC, Tobias Preston, Alaska Financial Company III LLC, Tobias James Preston and McKinnley Mortgage Company, LLC |
| 5:2017cv00512 |
| June 8, 2017 |
| US District Court for the Western District of Texas |
| San Antonio Office |
| David A Ezra |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 69 CLERK'S JUDGMENT (mgr) |
| Motions No Longer Referred: #64 CORRECTED MOTION to supplement re #63 Supplemental MOTION to supplement re #54 MOTION for Default Judgment against Defendant Tobias James Preston (mgr) |
Filing 68
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #65 Report and Recommendations,. Signed by Judge David A. Ezra. (mgr)
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Filing 67
ORDER CANCELLING JURY SELECTION/TRIAL. Signed by Judge David A. Ezra. (mgr)
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| Filing 66 Certified Mail Receipt of #65 Report and Recommendations to Tobias James Preston (mgr) |
| Filing 65 REPORT AND RECOMMENDATIONS re #64 Motion to supplement, filed by Gregory W. Schnurr, #54 Motion for Default Judgment filed by Gregory W. Schnurr, #63 Motion to supplement, filed by Gregory W. Schnurr. Signed by Judge Henry J. Bemporad. (mgr) |
| MOTION REFERRED: referred #64 CORRECTED MOTION to supplement re #63 Supplemental MOTION to supplement re #54 MOTION for Default Judgment against Defendant Tobias James Preston , #63 Supplemental MOTION to supplement re #54 MOTION for Default Judgment against Defendant Tobias James Preston. Referral Judge: Henry J. Bemporad. (mgr) |
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Text Order REFERRING #63 Motion to supplement & #64 Corrected Motion to Supplement to Magistrate Judge Bemporad. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ar) Modified on 8/10/2020, .
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| Filing 64 CORRECTED MOTION to supplement re #63 Supplemental MOTION to supplement re #54 MOTION for Default Judgment against Defendant Tobias James Preston by Gregory W. Schnurr. (Attachments: #1 Exhibit D, #2 Exhibit D-1, #3 Exhibit E, #4 Exhibit E-1, #5 Exhibit E-2, #6 Exhibit E-3, #7 Exhibit E-4, #8 Exhibit E-5, #9 Exhibit E-6, #10 Exhibit E-7, #11 Exhibit F)(Rios, Jerry) |
| Filing 63 Supplemental MOTION to supplement re #54 MOTION for Default Judgment against Defendant Tobias James Preston by Gregory W. Schnurr. (Attachments: #1 Exhibit D, #2 Exhibit D-1, #3 Exhibit E, #4 Exhibit E-1, #5 Exhibit E-2, #6 Exhibit E-3, #7 Exhibit E-4, #8 Exhibit E-5, #9 Exhibit E-6, #10 Exhibit E-7, #11 Exhibit F)(Rios, Jerry) |
| Filing 62 Clerk's ENTRY OF DEFAULT as to Tobias James Preston (bc) |
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Filing 61
ORDER -- The Clerk of Court is DIRECTED to enter Defendants default. See FED. R. CIV. P. 55(a). On or before August 7, 2020, Plaintiff must file an amended motion for default judgment for the Courts consideration. Signed by Judge Henry J. Bemporad. (bc)
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| Filing 60 Minute Entry for proceedings held before Judge Henry J. Bemporad: Motion Hearing held on 7/23/2020 re #54 MOTION for Default Judgment against Defendant filed by Gregory W. Schnurr (Minute entry documents are not available electronically.) (Court Reporter FTR Gold.)(bc) |
| Filing 58 Certified Mail Receipt documents were also sent via USPS re: e-mail dated 06/29/20 & #57 Order,, Set Motion Hearings, (mgr) |
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Filing 57
ORDER, Set Video Motion Hearing for #54 MOTION for Default Judgment against Defendant (Video Motion Hearing set for 7/23/2020 10:30 AM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (Attachments: #1 Order Regarding Entry into Courthouse)(mgr)
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Filing 56
ORDER SETTING HEARING, Set Motion Hearing for #54 MOTION for Default Judgment against Defendant ( Motion Hearing set for 7/23/2020 10:30 AM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (mgr)
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Filing 55
ORDER SETTING JURY SELECTION/TRIAL AND RELATED DEADLINES ( Jury Selection and Trial set for 10/26/2020 9:30AM before Judge David A. Ezra). Signed by Judge David A. Ezra. (mgr)
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| MOTION REFERRED: referred #54 MOTION for Default Judgment against Defendant. Referral Judge: Henry J. Bemporad. (mgr) |
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Text Order REFERRING #54 Motion for Default Judgment to Magistrate Judge Bemporad. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ar)
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| Filing 54 MOTION for Default Judgment against Defendant by Gregory W. Schnurr. (Attachments: #1 Proposed Order)(Rios, Jerry) |
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Filing 53
ORDER DENYING #52 Motion for Summary Judgment Signed by Judge David A. Ezra. (mgr)
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| Filing 52 MOTION for Summary Judgment by Gregory W. Schnurr. (Rios, Jerry) |
| Filing 51 AMENDED COMPLAINT SECOND against Tobias James Preston amending, filed by Gregory W. Schnurr.(Rios, Jerry) |
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Filing 50
SCHEDULING ORDER: Amended Pleadings due by 1/31/2020, Discovery due by 2/28/2020, Motions due by 3/13/2020,. Signed by Judge David A. Ezra. (mgr)
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| Filing 49 STATUS REPORT by Gregory W. Schnurr. (Rios, Jerry) |
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Filing 48
ORDER FOR STATUS REPORT ( Status Report due by 11/28/2019,). Signed by Judge David A. Ezra. (mgr)
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Filing 47
ORDER GRANTING #46 Motion to Substitute Attorney. Signed by Judge Henry J. Bemporad. (mgr)
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| MOTION REFERRED: referred #46 Unopposed MOTION to Substitute Attorney . Referral Judge: Henry J. Bemporad. (mgr) |
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Text Order REFERRING #46 Motion to Substitute Attorney to Magistrate Judge Bemporad. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ar)
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| Filing 46 Unopposed MOTION to Substitute Attorney by Tobias James Preston. (Attachments: #1 Proposed Order)(Kinn, John) |
| Filing 45 NOTICE / Consent Order Granting Substitution of Attorney by Tobias James Preston (Segal, Malcolm) |
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Filing 44
ORDER DENYING #38 Motion to Compel Signed by Judge Henry J. Bemporad. (mgr)
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| Filing 43 Minute Entry for proceedings held before Judge Henry J. Bemporad: Motion Hearing held on 8/28/2019 re #38 MOTION to Compel Deposition Responses filed by Gregory W. Schnurr (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) |
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Filing 42
ORDER RESETTING HEARING, Set Motion Hearing for #38 MOTION to Compel Deposition Responses ( Motion Hearing Reset for 8/28/2019 2:30 PM before Judge Henry J. Bemporad,), GRANTING #41 Unopposed MOTION to Continue Hearing on Plaintiff's Motion to Compel Deposition Testimony filed by Tobias James Preston.. Signed by Judge Henry J. Bemporad. (mgr)
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Text Order REFERRING #41 Motion to Continue to Judge Henry J. Bemporad entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sj)
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| MOTION REFERRED: referred #41 Unopposed MOTION to Continue Hearing on Plaintiff's Motion to Compel Deposition Testimony. Referral Judge: Henry J. Bemporad. (rf) |
| Filing 41 Unopposed MOTION to Continue Hearing on Plaintiff's Motion to Compel Deposition Testimony by Tobias James Preston. (Attachments: #1 Proposed Order)(Segal, Malcolm) |
| Filing 40 Response in Opposition to Motion, filed by Tobias James Preston, re #38 MOTION to Compel Deposition Responses filed by Plaintiff Gregory W. Schnurr (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Segal, Malcolm) |
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Filing 39
ORDER, Set Motion Hearing for #38 MOTION to Compel Deposition Responses ( Motion Hearing set for 8/15/2019 2:30 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (mgr)
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Text Order REFERRING #38 Motion to Compel to Judge Henry J. Bemporad entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sj)
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| MOTION REFERRED: referred #38 MOTION to Compel Deposition Responses. Referral Judge: Henry J. Bemporad. (mgr) |
| Filing 38 MOTION to Compel Deposition Responses by Gregory W. Schnurr. (Rios, Jerry) |
| Case No Longer Stayed (mgr) |
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Filing 37
ORDER LIFTING STAY OF CASE, ( Discovery due by 7/30/2019,, Motions due by 9/30/2019,),. Signed by Judge David A. Ezra. (mgr)
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| Filing 36 STATUS REPORT (Joint) Re Stayed Action and New Scheduling Recommendations by Tobias James Preston. (Segal, Malcolm) |
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Filing 35
ORDER Staying Case Until January 30, 2019. Signed by Judge David A. Ezra. (aej)
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| Filing 34 REPLY to Response to Motion, filed by Tobias James Preston, re #32 Opposed MOTION to Stay Case Pending Resolution of Criminal Proceedings filed by Defendant Tobias James Preston (Segal, Malcolm) |
| Filing 33 Response in Opposition to Motion, filed by Gregory W. Schnurr, re #32 Opposed MOTION to Stay Case Pending Resolution of Criminal Proceedings filed by Defendant Tobias James Preston (Rios, Jerry) |
| Filing 32 Opposed MOTION to Stay Case Pending Resolution of Criminal Proceedings by Tobias James Preston. (Attachments: #1 Affidavit Malcolm S. Segal, #2 Proposed Order)(Segal, Malcolm) |
| Filing 31 Miscellaneous Objection to #30 Witness/Exhibit/Expert List and Reservation of Rights Regarding Expert Disclosures by Tobias James Preston. (Segal, Malcolm) |
| Filing 30 WITNESS/EXHIBIT/EXPERT LIST by Gregory W. Schnurr . (Rios, Jerry) |
| Filing 29 ANSWER to #25 Amended Complaint with Jury Demand by Tobias James Preston.(Segal, Malcolm) |
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Filing 28
ORDER DENYING AS MOOT #26 Motion for More Definite Statement and #27 Motion for More Definite Statement, and GRANTING #26 Alternative Motion to Dismiss and #27 Alternative to Motion to Dismiss." Signed by Judge David A. Ezra. (mgr) Modified on 5/30/2018, to edit text (mgr).
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| Filing 27 Second MOTION for More Definite Statement or, Alternatively, to Dismiss by Tobias James Preston. (Attachments: #1 Proposed Order)(Segal, Malcolm) |
| Filing 26 Second MOTION for More Definite Statement by Alaska Financial Company III LLC, Emerald FL, LLC, McKinnley Mortgage Company, LLC, OESK, LLC, Shasta Management, LLC. (Attachments: #1 Proposed Order Proposed Order)(Meyer, Gregory) |
| Filing 25 AMENDED COMPLAINT First against All Defendants amending, filed by Gregory W. Schnurr.(Rios, Jerry) |
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Filing 24
ORDER GRANTING #5 Motion for More Definite Statement; GRANTING IN PART AND DENYING IN PART #11 Motion for More Definite Statement; DENYING #11 Motion to Dismiss Signed by Judge David A. Ezra. (mgr)
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| Filing 23 ADR Report Filed - (Joint for All Defendants) by Alaska Financial Company III LLC, Emerald FL, LLC, McKinnley Mortgage Company, LLC, OESK, LLC(Meyer, Gregory) |
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Filing 22
SCHEDULING ORDER: ADR Report Deadline due by 1/19/2018, Amended Pleadings due by 4/20/2018, Discovery due by 11/30/2018, Joinder of Parties due by 4/20/2018, Dispositive Motions due by 12/21/2018. Signed by Judge David A. Ezra. (rg)
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| Filing 21 Proposed Scheduling Order (Agreed) by Gregory W. Schnurr. (Rios, Jerry) |
| Filing 20 ATTACHMENT Proposed Order to #18 Response in Opposition to Motion by Gregory W. Schnurr. (Rios, Jerry) |
| Filing 19 ATTACHMENT Proposed Order to #17 Response in Opposition to Motion, by Gregory W. Schnurr. (Rios, Jerry) |
| Filing 18 Response in Opposition to Motion, filed by Gregory W. Schnurr, re #11 MOTION for More Definite Statement or, in the Alternative, to Dismiss filed by Defendant Tobias James Preston (Rios, Jerry) |
| Filing 17 Response in Opposition to Motion, filed by Gregory W. Schnurr, re #5 MOTION for More Definite Statement filed by Defendant McKinnley Mortgage Company, LLC, Defendant Alaska Financial Company III LLC, Defendant OESK, LLC, Defendant Emerald FL, LLC, Defendant Shasta Management, LLC (Rios, Jerry) |
| Reset Deadlines: Shasta Management, LLC answer due 8/3/2017. (rg) |
| Reset Deadlines: OESK, LLC answer due 8/3/2017. (rg) |
| Filing 16 SUMMONS Returned Executed by Gregory W. Schnurr. All Defendants. (Attachments: #1 Affidavit)(Rios, Jerry) |
| Filing 15 SUMMONS Returned Executed by Gregory W. Schnurr. All Defendants. (Attachments: #1 Affidavit)(Rios, Jerry) |
| Filing 14 SUMMONS Returned Executed by Gregory W. Schnurr. All Defendants. (Attachments: #1 Affidavit)(Rios, Jerry) |
| Filing 13 SUMMONS Returned Executed by Gregory W. Schnurr. All Defendants. (Attachments: #1 Affidavit)(Rios, Jerry) |
| Filing 12 SUMMONS Returned Executed by Gregory W. Schnurr. All Defendants. (Attachments: #1 Affidavit)(Rios, Jerry) |
| Filing 11 MOTION for More Definite Statement or, in the Alternative, to Dismiss by Tobias James Preston. (Attachments: #1 Proposed Order)(Segal, Malcolm). Added MOTION to Dismiss on 1/29/2018 (mgr). |
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Filing 9
ORDER GRANTING #8 Motion to Appear Pro Hac Vice for Attorney John T. Kinn for Tobias James Preston. 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 David A. Ezra. (rg)
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Filing 10
ORDER FOR SCHEDULING RECOMMENDATIONS AND ADVISORY CONCERNING MAGISTRATE JUDGE ASSIGNMENT - the parties shall submit a proposed scheduling order to the Court within thirty (30) days from the date of this order. The parties are to notify the court on whether or not they will consent to US Magistrate Judge jurisdiction. Signed by Judge David A. Ezra. (rg)
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Filing 6
ORDER GRANTING #4 Motion to Appear Pro Hac Vice for Attorney Malcolm Segal for Tobias James Preston. 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 David A. Ezra. (rg)
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| Filing 7 Pro Hac Vice Fee Paid by Malcolm Segal; Filing fee $ 200.00, receipt number 500040866. (rg) |
| Filing 5 MOTION for More Definite Statement by Alaska Financial Company III LLC, Emerald FL, LLC, McKinnley Mortgage Company, LLC, OESK, LLC, Shasta Management, LLC. (Attachments: #1 Proposed Order Proposed Order)(Meyer, Gregory) |
| Filing 8 MOTION to Appear Pro Hac Vice by attorney John T. Kinn by Tobias James Preston. (rg) |
| Filing 4 MOTION to Appear Pro Hac Vice by Tobias James Preston. (mgr) |
| Filing 3 Summons Issued as to Alaska Financial Company III LLC, Emerald FL, LLC, McKinnley Mortgage Company, LLC, OESK, LLC, Tobias James Preston, Shasta Management, LLC. (rg) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Gregory W. Schnurr. (Rios, Jerry) |
| Case Assigned to Judge David A. Ezra. 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. (rg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad. (rg) |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-9669279). No Summons requested at this time, filed by Gregory W. Schnurr. (Attachments: #1 Civil Cover Sheet)(Rios, Jerry) |
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