FTS Ranch, LLC et al v. Simmons Bank
Plaintiff: Frank T. Jr. Shumate and Frank Thomas Shumate, Jr.
Defendant: Simmons Bank
Counter Defendant: FTS Ranch, LLC
Case Number: 5:2024cv00322
Filed: March 29, 2024
Court: US District Court for the Western District of Texas
Presiding Judge: Fred Biery
Referring Judge: Richard B Farrer
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 21, 2024 Filing 23 Minute Entry for proceedings held before Judge Richard B. Farrer: Evidentiary Hearing held on 5/21/2024 (Minute entry documents are not available electronically.). (Court Reporter FTR GOLD.)(vl)
May 21, 2024 Filing 22 Exhibit List of Defendant and Counter-Plaintiff Simmons Bank by Simmons Bank.. (Morris, Brian)
May 20, 2024 Filing 21 WITNESS/EXHIBIT LIST by FTS Ranch, LLC, Frank Thomas Shumate, Jr. (O'Finan, Paul)
May 20, 2024 Filing 20 RESPONSE in Opposition to Preliminary Injunction to #14 MOTION for Preliminary Injunction by Simmons Bank. (Attachments: #1 Exhibit Mineral Deed, #2 Exhibit Letter to Plaintiffs' counsel, #3 Exhibit Email exchange)(Morris, Brian)
May 17, 2024 Filing 19 AMENDED COMPLAINT against Simmons Bank amending, filed by Frank Thomas Shumate, Jr, FTS Ranch, LLC.(O'Finan, Paul)
May 6, 2024 Opinion or Order Filing 18 ORDER GRANTING, the Court Grant's what is construed as a Motion for Temporary Retraining Order and the part considered as a Motion for Preliminary Injunction is TAKEN UNDER ADVISEMENT. #14 Motion for Preliminary Injunction IT IS FURTHER ORDERED, as discussed on the record at the May 3 hearing, thatPlaintiffs are granted leave to amend the complaint and shall file any such amended complaint on or before May 17, 2024. IT IS FURTHER ORDERED that this case is set for an in-person evidentiary hearing before Magistrate Judge Farrer regarding Plaintiffs request for a preliminary injunctionand the topic of mediation. The hearing will take place before Magistrate Judge Farrer on May 21, 2024, at 2 p.m. IT IS FURTHER ORDERED that Defendants SHALL NOT execute a foreclosure sale on the property in question until permitted to do so by further order of the Court. This injunction expires at 2 p.m. on May 21, 2024. IT IS FINALLY ORDERED that Plaintiffs are required to post a bond in the amount of $17,468.00 with the Clerks Office for the United States District Court for the Western District of Texas on or before 5 p.m. on May 7, 2024. Signed by Judge Fred Biery. (wg)
May 6, 2024 Opinion or Order Text Order MOOTING #11 without prejudice Motion to Dismiss in light of leave granted to Plaintiffs, on the record at the May 3 hearing, to file and amended complaint. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RBF)
May 3, 2024 Filing 17 Minute Entry for proceedings held before Judge Richard B. Farrer: Status Conference held on 5/3/2024 (Minute entry documents are not available electronically.). (Court Reporter FTR-Gold.)(wg)
May 1, 2024 Opinion or Order Filing 16 ORDER GRANTING #15 Motion for Hearing Attorney Only Status Conference set for 5/3/2024 11:00 AM before Judge Richard B. Farrer, Signed by Judge Richard B. Farrer. (mgr)
May 1, 2024 Filing 15 MOTION for Hearing by FTS Ranch, LLC, Frank Thomas Shumate, Jr. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (O'Finan, Paul)
April 30, 2024 Filing 14 MOTION for Preliminary Injunction by FTS Ranch, LLC, Frank Thomas Shumate, Jr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order)(O'Finan, Paul)
April 29, 2024 Opinion or Order Filing 13 ORDER REGARDING CERTAIN PRETRIAL MATTERS, (Initial Pretrial Conference set for 6/11/2024 10:00 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr)
April 18, 2024 Filing 12 ANSWER to Complaint (Notice of Removal) and Counterclaim, COUNTERCLAIM against All Plaintiffs by Simmons Bank. (Attachments: #1 Exhibit A - Note August 2015, #2 Exhibit B - Loan Agmt Oct. 2017, #3 Exhibit C - Mod. Agmt Oct. 2017, #4 Exhibit D - Guaranty Shumate Oct. 2017)(Morris, Brian)
April 18, 2024 Filing 11 MOTION to Dismiss Petition and App for TRO and TI by Simmons Bank.. Motions referred to Judge Richard B. Farrer. (Morris, Brian)
April 12, 2024 Filing 10 Summons Issued as to Simmons Bank. (mgr)
April 12, 2024 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS by FTS Ranch, LLC, Frank Thomas Shumate, Jr. (O'Finan, Paul)
April 11, 2024 Filing 8 NOTICE of Attorney Appearance by Nicholas Todd Stevens on behalf of Simmons Bank. Attorney Nicholas Todd Stevens added to party Simmons Bank(pty:dft) (Stevens, Nicholas)
April 5, 2024 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Richard B. Farrer. Signed by Judge Fred Biery. (mgr)
April 5, 2024 Filing 6 COURT ADVISORY CONCERNING DISCOVERY AND OTHER MATTERS. Signed by Judge Fred Biery. (mgr)
April 5, 2024 Opinion or Order Filing 5 Order for Scheduling Recommendations/Proposed Scheduling Order. IT IS HEREBY ORDERED that the parties shall submit a proposed scheduling order to theCourt within sixty days of the appearance of any defendant., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.. Signed by Judge Fred Biery. (mgr)
April 5, 2024 Filing 4 SUPPLEMENT to #1 Notice of Removal,, Amended Certificate of Service by Simmons Bank. (Morris, Brian)
April 4, 2024 DEFICIENCY NOTICE:***DOCUMENT DEFICIENT-Certificate of service reflects service of Notice of Removal via Court's electronic filing system. Please submit an Amended certificate of service ONLY as a separate document stating the alternate means of service to parties.*** re #1 Notice of Removal,, (rqr)
April 3, 2024 Filing 3 SUPPLEMENT to JS 44 Civil Cover Sheet by Simmons Bank. (Morris, Brian)
March 29, 2024 Case assigned to Judge Fred Biery. 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. (rqr)
March 29, 2024 If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (rqr)
March 29, 2024 Filing 2 RULE 7 DISCLOSURE STATEMENT filed by Simmons Bank. (Morris, Brian)
March 29, 2024 Filing 1 ***DOCUMENT DEFICIENT-Certificate of service reflects service of Notice of Removal via Court's electronic filing system. Please submit an Amended certificate of service ONLY as a separate document stating the alternate means of service to parties.***NOTICE OF REMOVAL by Simmons Bank (Filing fee $405 receipt number ATXWDC-18588427), filed by Simmons Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Morris, Brian) Modified on 4/4/2024, to edit text (rqr).

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Counter defendant: FTS Ranch, LLC
Represented By: Christopher Clay Hugg
Represented By: Melissa Diane Christian
Represented By: Paul W. O'Finan
Represented By: Shann Mohammad Chaudhry
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Plaintiff: Frank T. Jr. Shumate
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Plaintiff: Frank Thomas Shumate, Jr.
Represented By: Christopher Clay Hugg
Represented By: Melissa Diane Christian
Represented By: Paul W. O'Finan
Represented By: Shann Mohammad Chaudhry
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Defendant: Simmons Bank
Represented By: Brian Thompson Morris
Represented By: Nicholas Todd Stevens
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