JOHNSON v. CAPITAL FUND I LLC et al
| Texas Northern District Court | |
| Judge: | Sam A Lindsay |
| Referred: | David L Horan |
| Case #: | 3:25-cv-00328 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 12:191 Bank Foreclosure |
| Case Filed: | Feb 10, 2025 |
| Last checked: Monday Feb 10, 2025 5:09 PM CST |
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Defendant
CAPITAL FUND I LLC
JACK OBOYLE & ASSOCIATES, PLLC PO BOX 815369
DALLAS, TX 75381 |
Represented By
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Defendant
JACK OBOYLE & ASSOCIATES, PLLC
JACK O'BOYLE & ASSOCIATES, PLLC PO BOX 815369
DALLAS, TX 75381 |
Represented By
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Plaintiff
KEITH JOHNSON
2944 Muirfield Ave
Cedar Hill, TX 75104 |
| Docket last updated: 02/20/2025 11:59 PM CST |
| Friday, February 14, 2025 | ||
| 14 | 14
3
pgs
order
Order Setting Deadline/Hearing
Fri 02/14 12:57 PM
ORDER SETTING BRIEFING SCHEDULE: Responses due by 3/17/2025. Replies due by 4/1/2025. re:13 Motion to Dismiss for Failure to State a Claim (Ordered by Magistrate Judge David L. Horan on 2/14/2025) (ndt) |
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| Thursday, February 13, 2025 | ||
| 13 | 13
motion
Dismiss for Failure to State a Claim
Thu 02/13 5:24 PM
Motion to Dismiss for Failure to State a Claim filed by Capital Fund I LLC (Gray, Travis) |
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Att: 1
Exhibit(s) 1,
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Att: 2
Exhibit(s) 2,
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Att: 3
Exhibit(s) 3,
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Att: 4
Proposed Order
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| 12 | 12
notice
Notice (Other)
Thu 02/13 4:34 PM
NOTICE of CAPITAL FUND I, LLCS NOTICE OF SERVICE OF RULE 26(a)(1) INITIAL DISCLOSURES filed by Capital Fund I LLC (Gray, Travis) |
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Att: 1
Exhibit(s) A
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| 11 | 11
notice
Notice (Other)
Thu 02/13 4:00 PM
NOTICE of FILE STAMPED COPY OF STATE COURT NOTICE OF REMOVAL re:5 Order, filed by Capital Fund I LLC (Gray, Travis) |
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| 10 | 10
misc
Amended Document
Thu 02/13 3:47 PM
AMENDED DOCUMENT by Jack O'Boyle & Associates PLLC, Capital Fund I LLC. FIRST AMENDED CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED PARTIES OF DEFENDANT(S) CAPITAL FUND I, LLC AND JACK OBOYLE & ASSOCIATES, PLLC . (Gray, Travis) |
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misc
Certificate Of Interested Persons/Disclosure Statement
Thu 02/13 2:58 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Capital Fund I LLC. (Clerk QC note: Affiliate entry indicated). (Gray, Travis) |
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| Wednesday, February 12, 2025 | ||
| 8 | 8
3
pgs
order
Order
Wed 02/12 3:27 PM
STANDING ORDER ON REQUESTS FOR HEARINGS AND ORAL ARGUMENTS. (Ordered by Magistrate Judge David L. Horan on 2/12/2025) (agc) |
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| 7 | 7
23
pgs
order
Order
Wed 02/12 3:26 PM
STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 2/12/2025) (agc) |
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| 6 | 6
8
pgs
order
Order
Wed 02/12 3:24 PM
STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 2/12/2025) (agc) |
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3
pgs
order
Order
Wed 02/12 3:23 PM
ORDER REQUIRING FILING OF STATE COURT NOTICE: The Court ORDERS the removing defendant to if it has not already done so file, by no later than 7 days after the date of this order, a copy of the notice filed with the state court in compliance with 28 U.S.C. § 1446(d). (Ordered by Magistrate Judge David L. Horan on 2/12/2025) (agc) |
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| 4 | 4
3
pgs
order
Order
Wed 02/12 3:20 PM
ORDER: Plaintiff Keith Johnson is ORDERED to file a brief by 2/28/2025 explaining whether Jack OBoyle & Associates, PLLC was improperly joined and, if so, should be dismissed without prejudice from this lawsuit and whether subject matter jurisdiction therefore exists based on the complete diversity between any remaining, properly joined parties. The brief shall not exceed 20 pages in length, excluding the table of contents and table of authorities. Defendant Capital Fund I, LLC is invited to file a response brief of no more than 10 pages by 3/7/2025. (Ordered by Magistrate Judge David L. Horan on 2/12/2025) (agc) |
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order
Order
Wed 02/12 2:27 PM
ELECTRONIC ORDER: Every party to a civil action must file a certificate of interested persons under the Court's Local Civil Rules: A plaintiff must, under Local Civil Rules 3.1(c) and 3.2(e), file a certificate of interested persons when first filing a complaint. A defendant must, under Local Civil Rule 7.4, file a certificate of interested persons when first filing an initial responsive pleading or a motion filed in lieu of a responsive pleading. A defendant removing an action from state court must, under Local Civil Rule 81.1(a), file a certificate of interested persons along with the notice of removal. A plaintiff whose case has been removed from state court must, under Local Civil Rule 81.2, file a certificate of interested persons within 21 days after the notice of removal is filed. And, in cases where subject matter jurisdiction is based on diversity under 28 U.S. C. § 1332(a), Federal Rule of Civil Procedure 7.1(a)(2) requires that each party's disclosure statement "name -- and identify the citizenship of -- every individual or entity whose citizenship is attributed to that party." Fed. R. Civ. P. 7.1(a)(2). Defendants Capital Fund I LLC and Jack OBoyle & Associates PLLC have not filed the required certificate of interested persons. By February 26, 2025, Defendants Capital Fund I LLC and Jack OBoyle & Associates PLLC must file the required certificate of interested persons so that the Court can ensure that recusal is not required in this case. (Ordered by Magistrate Judge David L. Horan on 2/12/2025.) (mcrd) |
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| Monday, February 10, 2025 | ||
| 2 | 2
qcref
Lindsay
Tue 02/11 9:57 AM
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) 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) |
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notice
Notice of Removal
Mon 02/10 4:43 PM
NOTICE OF REMOVAL filed by CAPITAL FUND I LLC. (Filing fee $405; receipt number ATXNDC-15254191) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK: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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Gray, Travis) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D
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