Snyder et al v. Wells Fargo Bank NA
| William Snyder and Shirley Snyder |
| Wells Fargo Bank N.A. |
| 7:2023cv00151 |
| September 29, 2023 |
| US District Court for the Western District of Texas |
| David Counts |
| Ronald C Griffin |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| None |
Docket Report
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Text Order GRANTING #33 Jillian Marie Scherrer's Motion to Appear Pro Hac Vice. 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. Registration is managed by the PACER Service Center. It is further ORDERED that if Ms. Scherrer has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-1(f)(2). Entered by Judge Ronald C. Griffin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)
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| Filing 33 MOTION to Appear Pro Hac Vice by Ernest W. Boyd, Jr on behalf of Jillian Scherrer ( Filing fee $ 100 receipt number ATXWDC-17971459) by on behalf of Shirley Snyder, William Snyder. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order). Motions referred to Judge Ronald C. Griffin. (Boyd, Ernest) |
| Case assigned to Judge David Counts and Judge Ronald C. Griffin. 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. (slt) |
| Filing 32 Case electronically transferred in from the Northern District of Texas-Dallas Division; Case Number 3:23-cv-01953. |
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Filing 31
Order Transferring to Another District: Case transferred to Midland-Odessa Division of Western District of Texas. (Ordered by Senior Judge A. Joe Fish on 9/29/2023) (axm) [Transferred from Texas Northern on 9/29/2023.]
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| Filing 30 NOTICE of Non-Opposition to re: #3 MOTION to Transfer Case out of District/Division filed by Shirley Snyder, William Snyder (Boyd, Ernest) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 29 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Shirley Snyder, William Snyder. (Clerk QC note: No affiliate entered in ECF). (Boyd, Ernest) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 28 NOTICE of Attorney Appearance by Ernest Boyd for Richard A. Capshaw on behalf of Shirley Snyder, William Snyder. (Boyd, Ernest) [Transferred from Texas Northern on 9/29/2023.] |
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Filing 27
ORDER granting #25 Motion to Reopen Case. Plaintiffs shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a) no later than 9/29/2023. Accordingly, it is further ORDERED that the Clerk of Court STRIKE docket entry #26 , and that the plaintiffs shall file a certificate of interested persons no later than 9/27/2023. (Ordered by Senior Judge A. Joe Fish on 9/23/2023) (axm) [Transferred from Texas Northern on 9/29/2023.]
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| Filing 26 ***STRICKEN PER #27 ORDER**** RESPONSE filed by Shirley Snyder, William Snyder re: #10 MOTION for Judgment Confirming Arbitral Award (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4, #5 Exhibit(s) Exhibit 5, #6 Exhibit(s) Exhibit 6, #7 Exhibit(s) Exhibit 7, #8 Exhibit(s) Exhibit 8, #9 Exhibit(s) Exhibit 9, #10 Exhibit(s) Exhibit 10, #11 Exhibit(s) Exhibit 11, #12 Exhibit(s) Exhibit 12, #13 Exhibit(s) Exhibit 13, #14 Exhibit(s) Exhibit 14, #15 Exhibit(s) Exhibit 15, #16 Exhibit(s) Exhibit 16, #17 Exhibit(s) Exhibit 17, #18 Exhibit(s) Exhibit 18) (Boyd, Ernest) Modified on 9/25/2023 (axm). [Transferred from Texas Northern on 9/29/2023.] |
| Filing 25 MOTION to Reopen Case Plaintiffs' Motion to Reinstate Case Pursuant to Rule 60(B)91) filed by Shirley Snyder, William Snyder (Attachments: #1 Declaration(s)) (Boyd, Ernest) [Transferred from Texas Northern on 9/29/2023.] |
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Filing 24
ELECTRONIC ORDER: On September 1, 2023, the plaintiffs were ordered to file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a) no later than September 15, 2023 (docket entry 6), but they have failed to do so. Accordingly, this case is dismissed without prejudice. Rule 16(f)(1)(c). (Ordered by Senior Judge A. Joe Fish on 9/18/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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| Civil case terminated. (chmb) [Transferred from Texas Northern on 9/29/2023.] |
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Filing 23
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of Jillian Marie Scherrer (docket entry 18). It is ORDERED that the application of Jillian Marie Scherrer is GRANTED. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this court. It is further ORDERED that if the applicant has not already done so, the applicant must register as an ECF user within 14 days. See L.R. 5.1(f). (Ordered by Senior Judge A. Joe Fish on 9/15/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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Filing 22
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of Ernest W. Boyd (docket entry 17). It is ORDERED that the application of Ernest W. Boyd is GRANTED. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this court. It is further ORDERED that if the applicant has not already done so, the applicant must register as an ECF user within 14 days. See L.R. 5.1(f). (Ordered by Senior Judge A. Joe Fish on 9/15/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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| Filing 21 MOTION to Vacate Arbitration Award filed by Shirley Snyder, William Snyder (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17) (Gallagher, Michael) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 20 NOTICE of Notice of Withdrawal of Motion to Remand re: #16 MOTION to Remand to State Court filed by Shirley Snyder, William Snyder (Gallagher, Michael) [Transferred from Texas Northern on 9/29/2023.] |
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Filing 19
ELECTRONIC ORDER: On September 5, 2023, court staff notified plaintiffs' counsel that the plaintiffs must refile their motion to vacate arbitration award, filed in state court, in federal court or this court will not consider the motion. To date, the plaintiffs have not refiled their motion to vacate arbitration award. Thus, the plaintiffs' motion to vacate arbitration award is not pending before this court. (Ordered by Senior Judge A. Joe Fish on 9/15/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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| Filing 18 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jillian Marie Scherrer (Filing fee $100; Receipt number ATXNDC-14035172) filed by Shirley Snyder, William Snyder (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (Boyd, Ernest) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 17 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ernest W. Boyd (Filing fee $100; Receipt number ATXNDC-14035084) filed by Shirley Snyder, William Snyder (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (Boyd, Ernest) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 16 MOTION to Remand to State Court filed by Shirley Snyder, William Snyder (Gallagher, Michael) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 15 CERTIFICATE of Conference re #3 MOTION to Transfer Case out of District/Division by Daniel Durell on behalf of Wells Fargo Bank NA (Durell, Daniel) [Transferred from Texas Northern on 9/29/2023.] |
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Filing 14
ELECTRONIC ORDER: L. Boyd Smith Jr. ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than September 21, 2023, counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 9/5/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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Filing 13
ELECTRONIC ORDER: Jillian Scherrer ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than September 21, 2023, counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 9/5/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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Filing 12
ELECTRONIC ORDER: Ernest W. "Butch" Boyd ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than September 21, 2023, counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 9/5/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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| Filing 11 Appendix in Support filed by Wells Fargo Bank NA re #10 MOTION for Judgment Confirming Arbitral Award (Durell, Daniel) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 10 MOTION for Judgment Confirming Arbitral Award filed by Wells Fargo Bank NA with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Confirming Final Award) (Durell, Daniel) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 9 Appendix in Support filed by Wells Fargo Bank NA re #8 Brief/Memorandum in Support of Motion / Response to Motion to Vacate Arbitration Award (Durell, Daniel) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 8 RESPONSE filed by Wells Fargo Bank NA re #1 Notice of Removal, Responding to Plaintiff's Motion to Vacate Arbitration Award (Durell, Daniel) Modified docket text on 9/5/2023 (oyh). [Transferred from Texas Northern on 9/29/2023.] |
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Filing 7
ELECTRONIC ORDER: On August 31, 2023, the defendant removed this civil action to this court. Local Rule 81.2 provides that "[w]ithin 21 days after the notice of removal is filed, the plaintiff shall file a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that when a complaint is filed, the plaintiff must provide the clerk with "a separately signed certificate of interested persons -- in a form approved by the clerk -- that contains -- in addition to the information required by Fed. R. Civ. P. 7.1(a) -- a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than September 21, 2023, the plaintiffs must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 9/1/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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Filing 6
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, no later than September 15, 2023, the plaintiffs shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will result in dismissal without prejudice of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 9/1/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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Filing 5
ELECTRONIC ORDER: Before the court is the defendant's motion to transfer venue (docket entry 3). The motion does not include a certificate of conference. No later than September 7, 2023, the defendant shall file a certificate of conference. (Ordered by Senior Judge A. Joe Fish on 9/1/2023) (chmb) [Transferred from Texas Northern on 9/29/2023.]
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| Filing 3 MOTION to Transfer Case out of District/Division filed by Wells Fargo Bank, N.A. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Proposed Order) (Durell, Daniel) [Transferred from Texas Northern on 9/29/2023.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Fri Sep 1 14:25:16 CDT 2023 (crt) [Transferred from Texas Northern on 9/29/2023.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #5, 6, and 7 Fri Sep 1 18:46:52 CDT 2023 (crt) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (cfk) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wells Fargo Bank, N.A.. (Clerk QC note: Affiliate entry indicated). (Durell, Daniel) [Transferred from Texas Northern on 9/29/2023.] |
| Filing 1 NOTICE OF REMOVAL filed by Wells Fargo Bank, N.A.. (Filing fee $402; receipt number ATXNDC-13999168) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Durell, Daniel) [Transferred from Texas Northern on 9/29/2023.] |
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