Estate of Juanita Simmons-Thomas v. Bank of America et al
| Estate of Juanita Simmons-Thomas, Andre E. Howard and Adrian Simmons |
| Bank of America and Glasser and Glasser P.L.C. |
| 3:2023cv00457 |
| July 18, 2023 |
| US District Court for the Eastern District of Virginia |
| John A Gibney |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER The Court DISMISSES WITHOUT PREJUDICE the complaint and DIRECTS the Clerk to close this case. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 8/29/2023. (Kat) (Copies provided to counsel and the pro se litigant, as directed.)
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| Filing 23 SECOND AMENDED COMPLAINT against Bank of America, Glasser and Glasser P.L.C. filed by Adrian Simmons, Estate of Juanita Simmons-Thomas, Andre E. Howard. (Attachments: #1 Exhibit, #2 Local Rule 83.1(M) Certification)(Kat) |
| Filing 22 NOTICE of Appearance by John Chappell on behalf of Glasser and Glasser P.L.C. (Chappell, John) |
| Filing 21 Financial Interest Disclosure Statement (Local Rule 7.1) by Glasser and Glasser P.L.C.. (Greco, Marc) |
| Filing 20 Memorandum in Support re #18 MOTION to Dismiss with Roseboro,. filed by Glasser and Glasser P.L.C.. (Greco, Marc) |
| Filing 19 Roseboro Notice to Pro Se Plaintiffs by Glasser and Glasser P.L.C. (Greco, Marc) |
| Filing 18 MOTION to Dismiss with Roseboro,. by Glasser and Glasser P.L.C.. (Attachments: #1 Exhibit Proposed Order of Dismissal)(Greco, Marc) |
| Filing 17 NOTICE of Appearance by Marc Christian Greco on behalf of Glasser and Glasser P.L.C. (Greco, Marc) |
| Filing 16 Corporate Disclosure Statement by Bank of America. (Lee, Nathaniel) |
| Filing 15 Roseboro Notice to Pro Se Plaintiff by Bank of America (Lee, Nathaniel) |
| Filing 14 Memorandum in Support re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Bank of America. (Lee, Nathaniel) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Bank of America. (Attachments: #1 Proposed Order)(Lee, Nathaniel) |
| Filing 12 NOTICE of Appearance by Nathaniel Patrick Lee on behalf of Bank of America (Lee, Nathaniel) |
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Filing 11
ORDER that this matter comes before the Court on a motion for an extension of time to comply with the Court's July 31, 2023, Order (the "Order"), filed by the pro se plaintiff, Andre Howard, on behalf of the Estate of Juanita Simmons-Thomas (the "Estate"). (ECF No. #10 .) The Court has given the prose plaintiff several oppo11unitics to amend his complaint. (ECF Nos. 2, 4, 8.) The Court will give the pro se plaintiff one last chance to comply with its Orders. Accordingly, the Court GRANTS the motion for an extension and ORDERS as follows: The Court DIRECTS the pro se plaintiff to file a second amended complaint on or before August 25, 2023. 2. The Court DIRECTS the pro se plaintiff to amend his complaint by adding new factual allegations he serves as the personal representative of the Estate. In other words, the pro se plaintiff must add new factual allegations to section III. C. of the form "Complaint for Violation of Civil Rights (Non-Prisoner Complaint)" that state that he is the personal representative of the Estate and explain how he came to have this authority. Changing the parties' names or designations on the cover page of the complaint does not suffice. 3. The Court DIRECTS the pro se plaintiff to file documents that establish that he (Mr. Howard) has been given the authority to act as the Estate's personal representative, such as a will or trust. The Court WARNS the pro se plaintiff that, if he "fails to prosecute or to comply with... a court order," the Court may dismiss the complaint. The Clerk sent a copy of this Order and a new form "Complaint for Violation of Civil Rights (Non-Prisoner Complaint)" to the pro se litigant. Signed by District Judge John A. Gibney, Jr on 8/10/23. (Khan, )
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| Filing 10 MOTION for Extension of Time to File Response to Order by Estate of Juanita Simmons-Thomas, Andre E. Howard. (Khan, ) |
| Filing 9 Response to the Motion (Order) filed by Estate of Juanita Simmons-Thomas, Andre E. Howard. (Khan, ) |
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Filing 8
ORDER The Court DIRECTS Mr. Howard to submit, within seven (7) days of this Order, a second amended complaint that includes factual allegations establishing that Mr. Howard serves as the Estate's personal representative and to attach exhibits that support these factual allegations. The Court WARNS the pro se plaintiff that, if he "fails to prosecute or to comply with...a court order," the Court may dismiss the complaint. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 7/31/2023. (Kat) (Copy mailed to pro se litigant, as directed.)
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| Filing 7 SUPPLEMENT to Amended Complaint #3 by Estate of Juanita Simmons-Thomas, Andre E. Howard. (Kat) |
| Filing 6 SUMMONS Returned Executed by Estate of Juanita Simmons-Thomas, Andre E. Howard Bank of America served on 7/24/2023, answer due 8/14/2023; Glasser and Glasser P.L.C. served on 7/24/2023, answer due 8/14/2023 (Kat) |
| Filing 5 Summons Issued as to Bank of America, Glasser and Glasser P.L.C., (Kat) |
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Filing 4
ORDER- In the amended complaint, the pro se litigant identifies himself as "Andre E. Howard, Trustee." (ECF No. #3 , at 1.) In Virginia, a personal representative may include the trustee of an estate. In the amended complaint, Mr. Howard does not identify the entity for whom he serves as trustee. Accordingly, the Court DIRECTS Mr. Howard to submit, within 7 days of this Order, a supplement to his amended complaint that identifies the entity for whom he serves as trustee and attach all documents establishing his appointment as trustee. The Court WARNS the pro se litigant that, if he "fails to prosecute or to comply with... a court order," the Court may dismiss the complaint. Signed by District Judge John A. Gibney, Jr. on 7/19/2023. Copy of Order mailed to Plaintiff. (adun, )
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| Filing 3 AMENDED COMPLAINT against Bank of America, Glasser and Glasser P.L.C., filed by Estate of Juanita Simmons-Thomas, Andre E. Howard, Adrian Simmons. (Attachments: #1 Local Rule 83.1(M) Certification)(Kat) |
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Filing 2
ORDER The Court DIRECTS the pro se litigant to file an amended complaint within seven (7) days of this Order. The amended complaint must include the pro se litigant's name, the pro se litigant's current address and telephone number, and a statement that the pro se litigant does or does not act as the personal representative of the Estate. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 7/18/2023. (Kat) (Copy provided to pro se litigant, as directed.)
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| Filing 1 COMPLAINT against Bank of America, Glasser and Glasser P.L.C. (Filing fee $ 402, receipt number 300001826.), filed by Estate of Juanita Simmons-Thomas. (Attachments: #1 Local Rule 83.1(M) Certification)(Kat) |
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