This case was last updated from PACER on 09/15/2019 at 07:44:47 (UTC).

Smallwood et al v. Willow Way LLC et al

Case Summary

On 07/17/2019 Smallwood filed a Property - Foreclosure lawsuit against Willow Way LLC. This case was filed in U.S. District Courts, Texas Northern District. The Judges overseeing this case are David L. Horan and Jane J. Boyle. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-01708

  • Filing Date:

    07/17/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

  • Courthouse:

    Texas Northern District

Judge Details

Referral Judge

David L. Horan

Presiding Judge

Jane J. Boyle

 

Party Details

Plaintiffs

Ernest C Smallwood, Jr

Coppell, TX 75019

Eartha Y Smallwood

Coppell, TX 75019

Defendants

Willow Way LLC

Bank of America NA

Attorney/Law Firm Details

Defendant Attorneys

Ray L Vela

Attorney at Anderson Vela LLP

4920 Westport Drive

The Colony, TX 75056

Richard Ernest Anderson

Attorney at Anderson Vela LLP

4920 Westport Drive

The Colony, TX 75056

Scott A Wheatley

Attorney at Jackson Walker LLP

777 Main St, Suite 2100

Fort Worth, TX 76102

Matthew David Durham

Attorney at McGuireWoods LLP

2000 Mckinney Ave, Suite 1400

Dallas, TX 75201

 

Court Documents

#31

(#31) REPLY filed by Willow Way LLC re: #7 Motion to Dismiss for Failure to State a Claim (Wheatley, Scott) (Entered: 09/03/2019)

#29

(#29) Appendix in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #27 MOTION to Preempt Justice of the Peace Eviction Proceedings (ykp) (Entered: 08/27/2019)

#28

(#28) Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #27 MOTION to Preempt Justice of the Peace Eviction Proceedings (ykp) (Entered: 08/27/2019)

27 #1

Proposed Order

#27

(#27) MOTION to Preempt Justice of the Peace Eviction Proceedings filed by Eartha Y Smallwood, Ernest C Smallwood, Jr (ykp) (Additional attachment(s) added on 8/27/2019: #1 Proposed Order) (ykp). (Entered: 08/27/2019)

#26

(#26) Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #25 Response/Objection. (ndt) (Entered: 08/23/2019)

#25

(#25) RESPONSE filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re: #10 MOTION to Dismiss . (ndt) (Entered: 08/23/2019)

#24

(#24) NOTICE of Attorney Appearance by Scott A Wheatley on behalf of Willow Way LLC. (Filer confirms contact info in ECF is current.) (Wheatley, Scott) (Entered: 08/20/2019)

#21

(#23) Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #21 Response/Objection. (mla) (Entered: 08/20/2019)

#18

No Description Available

#16

No Description Available

#12

No Description Available

#11

No Description Available

#10

(#25) RESPONSE filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re: #10 MOTION to Dismiss . (ndt) (Entered: 08/23/2019)

#9

No Description Available

#6

No Description Available

#4

(#4) Notice and Instruction to Pro Se Party. (zkc) (Entered: 07/18/2019)

#2

(#2) New Case Notes: A filing fee has been paid. Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (zkc) (Entered: 07/17/2019)

17 More Documents Available

 

Docket Entries

  • 09/03/2019
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  • (#31) REPLY filed by Willow Way LLC re: #7 Motion to Dismiss for Failure to State a Claim (Wheatley, Scott) (Entered: 09/03/2019)

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  • 08/28/2019
  • ***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Wed Aug 28 16:05:33 CDT 2019 (crt) (Entered: 08/28/2019)

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  • 08/28/2019
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  • (#30) ORDER denying #27 MOTION to Preempt Justice of the Peace Eviction Proceedings. This action remains referred to United States Magistrate Judge David L. Horan for pretrial management under 28 U.S.C. 636(b). (Ordered by Judge Jane J. Boyle on 8/28/2019) (ykp) (Entered: 08/28/2019)

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  • 08/27/2019
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  • (#29) Appendix in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #27 MOTION to Preempt Justice of the Peace Eviction Proceedings (ykp) (Entered: 08/27/2019)

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  • 08/27/2019
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  • (#28) Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #27 MOTION to Preempt Justice of the Peace Eviction Proceedings (ykp) (Entered: 08/27/2019)

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  • 08/27/2019
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  • (#27) MOTION to Preempt Justice of the Peace Eviction Proceedings filed by Eartha Y Smallwood, Ernest C Smallwood, Jr (ykp) (Additional attachment(s) added on 8/27/2019: #1 Proposed Order) (ykp). (Entered: 08/27/2019)

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  • 08/23/2019
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  • (#26) Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #25 Response/Objection. (ndt) (Entered: 08/23/2019)

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  • 08/23/2019
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  • (#25) RESPONSE filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re: #10 MOTION to Dismiss . (ndt) (Entered: 08/23/2019)

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  • 08/20/2019
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  • (#24) NOTICE of Attorney Appearance by Scott A Wheatley on behalf of Willow Way LLC. (Filer confirms contact info in ECF is current.) (Wheatley, Scott) (Entered: 08/20/2019)

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  • 08/20/2019
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  • (#23) Brief/Memorandum in Support filed by Eartha Y Smallwood, Ernest C Smallwood, Jr re #21 Response/Objection. (mla) (Entered: 08/20/2019)

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20 More Docket Entries
  • 07/18/2019
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  • (#5) ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE: Plaintiffs Ernest C. Smallwood, Jr. and Eartha Y. Smallwood and Defendant Willow Way LLC's counsel must confer in person not later than August 2, 2019. By August 12, 2019, the parties must submit a joint written Rule 26(f) report containing a proposed discovery plan, stating the parties' views and proposals. On August 15, 2019, at 2:00 p.m., the Court will conduct a Federal Rule of Civil Procedure 16(b) pretrial scheduling conference in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 7/18/2019) (mcrd) (Entered: 07/18/2019)

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  • 07/18/2019
  • ***Clerk's Notice of delivery: (see NEF for details) Docket No: 4. Thu Jul 18 08:55:53 CDT 2019 (crt) (Entered: 07/18/2019)

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  • 07/17/2019
  • Case Reassigned to Magistrate Judge David L. Horan. Magistrate Judge Irma Carrillo Ramirez no longer assigned to the case. (zkc) (Entered: 07/18/2019)

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  • 07/17/2019
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  • (#4) Notice and Instruction to Pro Se Party. (zkc) (Entered: 07/18/2019)

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  • 07/17/2019
  • ***Clerk's Notice of delivery: (see NEF for details) Docket No: 2. Wed Jul 17 16:10:22 CDT 2019 (crt) (Entered: 07/17/2019)

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  • 07/17/2019
  • ***Clerk's Notice of delivery: (see NEF for details) Docket No: 3. Wed Jul 17 16:09:00 CDT 2019 (crt) (Entered: 07/17/2019)

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  • 07/17/2019
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  • (#3) ORDER REFERRING CASE to Magistrate Judge David L. Horan for pretrial management. (Ordered by Judge Jane J. Boyle on 7/17/2019) (zkc) (Entered: 07/17/2019)

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  • 07/17/2019
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  • CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Willow Way LLC (see document #1 (page 177) for image). (zkc) (Entered: 07/17/2019)

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  • 07/17/2019
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  • (#2) New Case Notes: A filing fee has been paid. Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (zkc) (Entered: 07/17/2019)

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  • 07/17/2019
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  • (#1) NOTICE OF REMOVAL from 193rd District Court, Dallas County, case number DC-19-09527 filed by Willow Way LLC. (Filing fee $400; receipt number 0539-10121597) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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. (Vela, Ray) (Entered: 07/17/2019)

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