This case was last updated from PACER on 06/09/2016 at 07:04:57 (UTC).

2445 Group, Ltd. v. Capital One, N.A. et al

Case Summary

On 05/07/2015 2445 Group, Ltd filed a Contract - Other Contract lawsuit against Capital One, N A. This case was filed in U.S. District Courts, Texas Northern District. The Judge overseeing this case is Judge Ed Kinkeade. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:15-CV-01427

  • Filing Date:

    05/07/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Northern District

Judge Details

Judge

Judge Ed Kinkeade

 

Party Details

Plaintiff

2445 Group Ltd

Defendants

Mark Dubos

Capital One NA

David Hassell

Attorney/Law Firm Details

Plaintiff Attorneys

Janet R Randle

Attorney at Law Offices of Van Shaw

2723 Fairmount St

Dallas, TX 75201

Evan L Van Shaw

Attorney at Law Office of Van Shaw

2723 Fairmount

Dallas, TX 75201

Defendant Attorney

Brian A Kilpatrick

Attorney at Jackson Walker LLP

2323 Ross Avenue, Suite 600

Dallas, TX 75201

 

Court Documents

#1

(#1) NOTICE OF REMOVAL from County Court at Law No. 5, Dallas County, case number CC-14-06201-E filed by David Hassell, Mark Dubos, Capital One, N.A.. (Filing fee $400; receipt number 0539-6782860) 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.eys 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 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Cover Sheet, # 5 Cover Sheet Supplement) (Kilpatrick, Brian) (Entered: 05/07/2015)

#2

(#2) ADDITIONAL ATTACHMENTS to 1 Notice of Removal by Defendants Capital One, N.A., Mark Dubos, David Hassell. (Kilpatrick, Brian) (Entered: 05/07/2015)

#3

(#3) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Capital One, N.A., Mark Dubos, David Hassell identifying Corporate Parent/Other Affiliate Capital One Financial Corporation for Capital One, N.A.. (Kilpatrick, Brian) (Entered: 05/07/2015)

#4

(#4) New Case Notes: A filing fee has been paid. File to Judge Kinkeade. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ykp) (Entered: 05/07/2015)

#5

(#5) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 2445 Group Ltd. (Randle, Janet) (Entered: 05/11/2015)

#6

(#6) First MOTION to Remand filed by 2445 Group Ltd with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s)) (Randle, Janet) (Entered: 06/05/2015)

#7

(#7) RESPONSE filed by Capital One NA re: 6 First MOTION to Remand (Attachments: # 1 Proposed Order) (Kilpatrick, Brian) (Entered: 06/26/2015)

#8

(#8) Appendix in Support filed by Capital One NA re 7 Response/Objection to Plaintiff's Opposed Motion to Remand (Kilpatrick, Brian) (Entered: 06/26/2015)

#9

(#9) First MOTION for Extension of Time to File Affidavit of Darren Fishman filed by 2445 Group Ltd with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s)) (Randle, Janet) (Entered: 06/27/2015)

#23

(#23) Designation of Mediator by 2445 Group Ltd. (Shaw, Evan) (Entered: 12/21/2015)

#22

(#22) SCHEDULING ORDER: Deadline for mediation is on or before 2/19/2016. Jury Trial set for three-week docket beginning 12/5/2016 before Judge Ed Kinkeade. Joinder of Parties due by 2/12/2016. Amended Pleadings due by 2/12/2016. Motions due by 8/1/2016. Discovery due by 7/1/2016. Pretrial Materials due by 11/14/2016. (Ordered by Judge Ed Kinkeade on 12/2/2015) (mem) (Entered: 12/02/2015)

#21

(#21) Proposal for contents of scheduling and discovery order by 2445 Group Ltd, Capital One NA. (Kilpatrick, Brian) (Entered: 11/30/2015)

#20

(#20) ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report, which shall be filed no later than 10 days from the date of the scheduling conference. (Ordered by Judge Ed Kinkeade on 11/5/2015) (axm) (Entered: 11/05/2015)

#19

(#19) NOTICE of Change of Address for Attorney Brian A Kilpatrick on behalf of Capital One NA. (Filer confirms contact info in ECF is current.) (Kilpatrick, Brian) (Entered: 10/20/2015)

#18

(#18) ORDER: The Court denies Plaintiff's 6 MOTION to Remand because, ignoring Hassell for purpose of diversity analysis, there is complete diversity of the parties, thereby vesting the Court with jurisdiction. Furthermore, the Court grants Defendants' 15 Counter-Motion to Dismiss Plaintiff's claims against Defendants Hassell and Dubos only. Plaintiff's claims against Defendant Capital One remain. (Ordered by Judge Ed Kinkeade on 10/20/2015) (twd) (Entered: 10/20/2015)

#17

(#17) REPLY filed by 2445 Group Ltd re: 6 First MOTION to Remand (Attachments: # 1 Affidavit(s) Supp Darren Fishman) (Randle, Janet) (Entered: 08/25/2015)

#16

(#16) Appendix in Support filed by Capital One NA, Mark Dubos, David Hassell re 15 Response/Objection to Motion to Remand (Kilpatrick, Brian) (Entered: 08/11/2015)

#15

(#15) Amended RESPONSE filed by Capital One NA, Mark Dubos, David Hassell re: 6 First MOTION to Remand and Counter-MOTION to Dismiss . (Attachments: # 1 Proposed Order) (Kilpatrick, Brian) Docket text modified on 10/20/2015 (twd). (Entered: 08/11/2015)

11 More Documents Available

 

Docket Entries

  • 12/21/2015
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  • (#23) Designation of Mediator by 2445 Group Ltd. (Shaw, Evan) (Entered: 12/21/2015)

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  • 12/02/2015
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  • (#22) SCHEDULING ORDER: Deadline for mediation is on or before 2/19/2016. Jury Trial set for three-week docket beginning 12/5/2016 before Judge Ed Kinkeade. Joinder of Parties due by 2/12/2016. Amended Pleadings due by 2/12/2016. Motions due by 8/1/2016. Discovery due by 7/1/2016. Pretrial Materials due by 11/14/2016. (Ordered by Judge Ed Kinkeade on 12/2/2015) (mem) (Entered: 12/02/2015)

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  • 11/30/2015
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  • (#21) Proposal for contents of scheduling and discovery order by 2445 Group Ltd, Capital One NA. (Kilpatrick, Brian) (Entered: 11/30/2015)

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  • 11/05/2015
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  • (#20) ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report, which shall be filed no later than 10 days from the date of the scheduling conference. (Ordered by Judge Ed Kinkeade on 11/5/2015) (axm) (Entered: 11/05/2015)

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  • 10/20/2015
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  • (#19) NOTICE of Change of Address for Attorney Brian A Kilpatrick on behalf of Capital One NA. (Filer confirms contact info in ECF is current.) (Kilpatrick, Brian) (Entered: 10/20/2015)

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  • 10/20/2015
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  • (#18) ORDER: The Court denies Plaintiff's 6 MOTION to Remand because, ignoring Hassell for purpose of diversity analysis, there is complete diversity of the parties, thereby vesting the Court with jurisdiction. Furthermore, the Court grants Defendants' 15 Counter-Motion to Dismiss Plaintiff's claims against Defendants Hassell and Dubos only. Plaintiff's claims against Defendant Capital One remain. (Ordered by Judge Ed Kinkeade on 10/20/2015) (twd) (Entered: 10/20/2015)

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  • 08/25/2015
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  • (#17) REPLY filed by 2445 Group Ltd re: 6 First MOTION to Remand (Attachments: # 1 Affidavit(s) Supp Darren Fishman) (Randle, Janet) (Entered: 08/25/2015)

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  • 08/11/2015
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  • (#16) Appendix in Support filed by Capital One NA, Mark Dubos, David Hassell re 15 Response/Objection to Motion to Remand (Kilpatrick, Brian) (Entered: 08/11/2015)

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  • 08/11/2015
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  • (#15) Amended RESPONSE filed by Capital One NA, Mark Dubos, David Hassell re: 6 First MOTION to Remand and Counter-MOTION to Dismiss . (Attachments: # 1 Proposed Order) (Kilpatrick, Brian) Docket text modified on 10/20/2015 (twd). (Entered: 08/11/2015)

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  • 07/21/2015
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  • (#14) ORDER granting 9 First MOTION for Extension of Time to File Affidavit of Darren Fishman. The Affidavit of Darren Fishman, filed as an attachment to this motion (see Doc. 9-1, Apx.1-4), is deemed filed and will be considered by the Court as part of Plaintiff's appendix in support of its Motion to Remand. Defendants may file an amended response to Plaintiff's motion to remand on or before 8/11/2015. Plaintiff may file a reply brief no later than 14 days from the date an amended response is filed. (Ordered by Judge Ed Kinkeade on 7/21/2015) (jrr) (Entered: 07/21/2015)

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3 More Docket Entries
  • 06/30/2015
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  • (#10) ELECTRONIC ORDER EXPEDITING RESPONSE AND REPLY DEADLINE: re: 9 First MOTION for Extension of Time to File Affidavit of Darren Fishman. Responses due by 7/2/2015. Replies due by NOON 7/6/2015. (Ordered by Judge Ed Kinkeade on 6/30/2015) (chmb) (Entered: 06/30/2015)

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  • 06/27/2015
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  • (#9) First MOTION for Extension of Time to File Affidavit of Darren Fishman filed by 2445 Group Ltd with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s)) (Randle, Janet) (Entered: 06/27/2015)

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  • 06/26/2015
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  • (#8) Appendix in Support filed by Capital One NA re 7 Response/Objection to Plaintiff's Opposed Motion to Remand (Kilpatrick, Brian) (Entered: 06/26/2015)

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  • 06/26/2015
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  • (#7) RESPONSE filed by Capital One NA re: 6 First MOTION to Remand (Attachments: # 1 Proposed Order) (Kilpatrick, Brian) (Entered: 06/26/2015)

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  • 06/05/2015
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  • (#6) First MOTION to Remand filed by 2445 Group Ltd with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s)) (Randle, Janet) (Entered: 06/05/2015)

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  • 05/11/2015
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  • (#5) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 2445 Group Ltd. (Randle, Janet) (Entered: 05/11/2015)

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  • 05/07/2015
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  • (#4) New Case Notes: A filing fee has been paid. File to Judge Kinkeade. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ykp) (Entered: 05/07/2015)

    Read MoreRead Less
  • 05/07/2015
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  • (#3) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Capital One, N.A., Mark Dubos, David Hassell identifying Corporate Parent/Other Affiliate Capital One Financial Corporation for Capital One, N.A.. (Kilpatrick, Brian) (Entered: 05/07/2015)

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  • 05/07/2015
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  • (#2) ADDITIONAL ATTACHMENTS to 1 Notice of Removal by Defendants Capital One, N.A., Mark Dubos, David Hassell. (Kilpatrick, Brian) (Entered: 05/07/2015)

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  • 05/07/2015
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  • (#1) NOTICE OF REMOVAL from County Court at Law No. 5, Dallas County, case number CC-14-06201-E filed by David Hassell, Mark Dubos, Capital One, N.A.. (Filing fee $400; receipt number 0539-6782860) 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.eys 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 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Cover Sheet, # 5 Cover Sheet Supplement) (Kilpatrick, Brian) (Entered: 05/07/2015)

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