Estate of Juanita Simmons-Thomas v. Bank of America et al

Virginia Eastern District Court
Judge:	John A Gibney, Jr
Case #:	3:23-cv-00457
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Jul 18, 2023
Terminated:	Aug 29, 2023

Docket
Parties (5)

Last checked: Sunday Jan 14, 2024 5:51 AM EST

Defendant Bank of America	Represented By Nathaniel Patrick Lee Mcguirewoods Llp (mclean) contact info
Defendant Glasser and Glasser P.L.C.	Represented By John Chappell Glasser And Glasser, P.L.C. contact info Marc Christian Greco Glasser & Glasser PLC contact info
Plaintiff Estate of Juanita Simmons-Thomas 2713 Old Glen Circle Richmond, VA 23223
Plaintiff Andre E. Howard Trustee of the Estate of Juanita Simmons-Thomas 2713 Old Glen Circle Richmond, VA 23223
Plaintiff Adrian Simmons 2713 Old Glen Circle Richmond, VA 23223

Docket last updated: 50 minutes ago

Tuesday, August 29, 2023
24		24 2 pgs order Order Dismissing Case Tue 08/29 3:29 PM 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.) Related: [-]
Friday, August 25, 2023
23		23 cmp Amended Complaint Fri 08/25 4:54 PM 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.(Kat) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Local Rule 83.1(M) Certification
Monday, August 21, 2023
22		22 notice Notice of Appearance Mon 08/21 3:26 PM NOTICE of Appearance by John Chappell on behalf of Glasser and Glasser P.L.C. (Chappell, John) Related: [-]
Friday, August 11, 2023
21		21 misc Financial Disclosure Statement Fri 08/11 5:40 PM Financial Interest Disclosure Statement (Local Rule 7.1) by Glasser and Glasser P.L.C.. (Greco, Marc) Related: [-]
20		20 6 pgs respm Memorandum in Support Fri 08/11 5:39 PM Memorandum in Support re18 MOTION to Dismiss with Roseboro,. filed by Glasser and Glasser P.L.C.. (Greco, Marc) Related: [-]
19		19 misc Roseboro Notice Fri 08/11 5:36 PM Roseboro Notice to Pro Se Plaintiffs by Glasser and Glasser P.L.C. (Greco, Marc) Related: [-]
18		18 motion Dismiss Fri 08/11 5:34 PM MOTION to Dismiss with Roseboro,. by Glasser and Glasser P.L.C..(Greco, Marc) Related: [-]
		Att: 1 Exhibit Proposed Order of Dismissal
17		17 notice Notice of Appearance Fri 08/11 5:30 PM NOTICE of Appearance by Marc Christian Greco on behalf of Glasser and Glasser P.L.C. (Greco, Marc) Related: [-]
16		16 misc Corporate Disclosure Statement Fri 08/11 1:13 PM Corporate Disclosure Statement by Bank of America. (Lee, Nathaniel) Related: [-]
15		15 misc Roseboro Notice Fri 08/11 1:11 PM Roseboro Notice to Pro Se Plaintiff by Bank of America (Lee, Nathaniel) Related: [-]
14		14 8 pgs respm Memorandum in Support Fri 08/11 1:10 PM Memorandum in Support re13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Bank of America. (Lee, Nathaniel) Related: [-]
13		13 motion Dismiss for Failure to State a Claim Fri 08/11 1:09 PM MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Bank of America.(Lee, Nathaniel) Related: [-]
		Att: 1 Proposed Order
12		12 notice Notice of Appearance Fri 08/11 12:57 PM NOTICE of Appearance by Nathaniel Patrick Lee on behalf of Bank of America (Lee, Nathaniel) Related: [-]
Thursday, August 10, 2023
11		11 2 pgs order Order Thu 08/10 4:01 PM 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, ) Related: [-]
Wednesday, August 09, 2023
10		10 motion Extension of Wed 08/09 5:07 PM MOTION for Extension of Time to File Response to Order by Estate of Juanita Simmons-Thomas, Andre E. Howard. (Khan, ) Related: [-]
9		9 respoth Response Other Wed 08/09 5:05 PM Response to the Motion (Order) filed by Estate of Juanita Simmons-Thomas, Andre E. Howard. (Khan, ) Related: [-]
Monday, July 31, 2023
8		8 2 pgs order Order Mon 07/31 4:57 PM 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.) Related: [-]
Friday, July 28, 2023
7		7 misc Docket Annotation Mon 07/31 10:30 AM SUPPLEMENT to Amended Complaint3 by Estate of Juanita Simmons-Thomas, Andre E. Howard. (Kat) Related: [-]
Monday, July 24, 2023
6		6 service Summons Returned Executed Mon 07/24 1:52 PM 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) Related: [-]
Thursday, July 20, 2023
5		5 service Summons Issued Thu 07/20 3:18 PM Summons Issued as to Bank of America, Glasser and Glasser P.L.C., (Kat) Related: [-]
Wednesday, July 19, 2023
4		4 2 pgs order Order Wed 07/19 5:01 PM ORDER- In the amended complaint, the prose 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 tohis 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, ) Related: [-]
3		3 cmp Amended Complaint Wed 07/19 3:58 PM AMENDED COMPLAINT against Bank of America, Glasser and Glasser P.L.C., filed by Estate of Juanita Simmons-Thomas, Andre E. Howard, Adrian Simmons.(Kat) Related: [-]
		Att: 1 Local Rule 83.1(M) Certification
Tuesday, July 18, 2023
2		2 2 pgs order Order Tue 07/18 4:52 PM 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.) Related: [-]
1		1 cmp Complaint Tue 07/18 11:52 AM COMPLAINT against Bank of America, Glasser and Glasser P.L.C. (Filing fee $ 402, receipt number 300001826.), filed by Estate of Juanita Simmons-Thomas.(Kat) Related: [-]
		Att: 1 Local Rule 83.1(M) Certification

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