This case was last updated from PACER on 06/09/2016 at 08:52:34 (UTC).

Education Management Services, LLC v. Tracey

Case Summary

On 01/29/2015 Education Management Services, LLC filed a Contract - Other Contract lawsuit against Tracey. This case was filed in U.S. District Courts, Texas Western District. The Judge overseeing this case is Judge David A. Ezra. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:15-CV-00075

  • Filing Date:

    01/29/2015

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Judge

Judge David A. Ezra

 

Party Details

Counter Defendant

Education Management Services, LLC

Counter Plaintiff

Michael J. Tracey

Attorney/Law Firm Details

Counter Defendant Attorneys

Andrew J. Moon

Henry B. Gonzalez, III

Nathaniel C. Corbett

Counter Plaintiff Attorney

Clint Alexander Corrie

 

Court Documents

#1

(#1) NOTICE OF REMOVAL by Michael J Tracey (Filing fee $400 receipt number 0542-7166130), filed by Michael J Tracey. (Attachments: # 1 Exhibit 1 - Declaration of Michael J. Tracey, # 2 Appendix in Support of Notice of Removal, # 3 Appendix - Part 1, # 4 Appendix - Part 2, # 5 Appendix - Part 3, # 6 Appendix - Part 4, # 7 Appendix - Part 5, # 8 Appendix - Part 6, # 9 Appendix - Part 7, # 10 Appendix - Part 8, # 11 Appendix - Part 9, # 12 Appendix - Part 10, # 13 Appendix - Part 11, # 14 Appendix - Part 12, # 15 Civil Cover Sheet, # 16 Supplement to JS 44 Civil Cover Sheet)(Corrie, Clint) (Entered: 01/29/2015)

#2

(#2) Certificate of Interested Parties by Michael J Tracey. (Corrie, Clint) (Entered: 01/29/2015)

#3

(#3) Motion to Dismiss for Failure to State a Claim as to Count 4, MOTION to Dismiss for Lack of Jurisdiction by Michael J. Tracey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order Granting Defendant's Motion to Dismiss Plaintiff's Complaint)(Corrie, Clint) (Entered: 02/09/2015)

#4

(#4) ORDER Setting Hearing on 3 Motion to Dismiss for Failure to State a Claim as to Count 4 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 4/2/2015 10:00 AM before Judge David A. Ezra,. Signed by Judge David A. Ezra. (aej) (Entered: 02/10/2015)

#5

(#5) Order for Scheduling Recommendations and Advisory Concerning Magistrate Judge Assignment. Plaintiff shall submit a proposed scheduling order to the Court within thirty (30) days from the date of this Order. Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge David A. Ezra. (aej) (Entered: 02/12/2015)

#6

(#6) CERTIFICATE OF SERVICE by Education Management Services, LLC Proof of Service on Mike Tracey (Moon, Andrew) (Entered: 02/13/2015)

#7

(#7) ***DOCUMENT DEFICIENT - MISSING CERTIFICATE OF SERVICE***AMENDED COMPLAINT Filed by Education Management Services, LLC, against Michael J. Tracey amending, filed by Education Management Services, LLC. (Attachments: # 1 Exhibit Affidavit of Service, # 2 Exhibit 2010 Agreement A, # 3 Exhibit 2010 Agreement B, # 4 Exhibit 2012 Agreement, # 5 Exhibit 2014 Agreement, # 6 Exhibit Affidavit of Sarah Gartner)(Moon, Andrew) Modified on 2/24/2015 (aej). (Entered: 02/23/2015)

#8

(#8) Response in Opposition to Motion, filed by Education Management Services, LLC, re 3 Motion to Dismiss for Failure to State a Claim as to Count 4 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Michael J. Tracey (Attachments: # 1 Proposed Order)(Moon, Andrew) (Entered: 02/23/2015)

#9

(#9) DEFICIENCY NOTICE: NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - MISSING CERTIFICATE OF SERVICE*** re 7 Amended Complaint, (aej) (Entered: 02/24/2015)

#43

(#43) ORDER Administratively Closing Case. Signed by Judge David A. Ezra. (aej) (Entered: 12/23/2015)

#42

(#42) SUGGESTION OF BANKRUPTCY as to Michael J. Tracey . (Corrie, Clint) (Entered: 12/18/2015)

#41

(#41) ORDER GRANTING 37 Motion for Protective Order. Signed by Judge John W. Primomo. (aej) (Entered: 08/25/2015)

#40

(#40) Transcript filed of Proceedings held on 06-30-2015, Proceedings Transcribed: PLAINTIFF'S MOTION TO COMPEL ARBITRATION PROCEEDINGS. Court Reporter/Transcriber: Kristin Anderson, Telephone number: 210-244-5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/1/2015, Redacted Transcript Deadline set for 9/11/2015, Release of Transcript Restriction set for 11/9/2015, (kma) (Entered: 08/11/2015)

#39

(#39) Proposed Order for Motion for Protective Order by Education Management Services, LLC. (Gonzalez, Henry) Modified docket text on 8/4/2015 (aej). (Entered: 08/04/2015)

#38

(#38) DEFICIENCY NOTICE:***NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - MISSING PROPOSED ORDER*** re 37 MOTION for Protective Order (aej) (Entered: 08/04/2015)

#37

(#37) ***DOCUMENT DEFICIENT - MISSING PROPOSED ORDER*** MOTION for Protective Order by Education Management Services, LLC. (Gonzalez, Henry) Modified on 8/4/2015 (aej). (Entered: 08/04/2015)

#36

(#36) Plaintiff and Counter Defefnant's ANSWER to 32 Answer to Amended Complaint, Counterclaim by Education Management Services, LLC.(Corbett, Nathaniel) (Entered: 08/03/2015)

#35

(#35) ADVISORY TO THE COURT by Michael J. Tracey. (Corrie, Clint) (Entered: 07/13/2015)

58 More Documents Available

 

Docket Entries

  • 12/22/2015
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  • (#43) ORDER Administratively Closing Case. Signed by Judge David A. Ezra. (aej) (Entered: 12/23/2015)

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  • 12/18/2015
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  • (#42) SUGGESTION OF BANKRUPTCY as to Michael J. Tracey . (Corrie, Clint) (Entered: 12/18/2015)

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  • 08/24/2015
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  • (#41) ORDER GRANTING 37 Motion for Protective Order. Signed by Judge John W. Primomo. (aej) (Entered: 08/25/2015)

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  • 08/11/2015
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  • (#40) Transcript filed of Proceedings held on 06-30-2015, Proceedings Transcribed: PLAINTIFF'S MOTION TO COMPEL ARBITRATION PROCEEDINGS. Court Reporter/Transcriber: Kristin Anderson, Telephone number: 210-244-5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/1/2015, Redacted Transcript Deadline set for 9/11/2015, Release of Transcript Restriction set for 11/9/2015, (kma) (Entered: 08/11/2015)

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  • 08/04/2015
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  • (#39) Proposed Order for Motion for Protective Order by Education Management Services, LLC. (Gonzalez, Henry) Modified docket text on 8/4/2015 (aej). (Entered: 08/04/2015)

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  • 08/04/2015
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  • (#38) DEFICIENCY NOTICE:***NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - MISSING PROPOSED ORDER*** re 37 MOTION for Protective Order (aej) (Entered: 08/04/2015)

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  • 08/04/2015
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  • (#37) ***DOCUMENT DEFICIENT - MISSING PROPOSED ORDER*** MOTION for Protective Order by Education Management Services, LLC. (Gonzalez, Henry) Modified on 8/4/2015 (aej). (Entered: 08/04/2015)

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  • 08/03/2015
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  • (#36) Plaintiff and Counter Defefnant's ANSWER to 32 Answer to Amended Complaint, Counterclaim by Education Management Services, LLC.(Corbett, Nathaniel) (Entered: 08/03/2015)

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  • 07/13/2015
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  • (#35) ADVISORY TO THE COURT by Michael J. Tracey. (Corrie, Clint) (Entered: 07/13/2015)

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  • 07/01/2015
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  • (#34) ORDER DENYING 23 Motion to Compel. Signed by Judge David A. Ezra. (aej) (Entered: 07/01/2015)

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23 More Docket Entries
  • 02/24/2015
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  • (#10) CERTIFICATE OF SERVICE by Education Management Services, LLC to correct its deficient filing 7 Amended Complaint, (Moon, Andrew) (Entered: 02/24/2015)

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  • 02/24/2015
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  • (#9) DEFICIENCY NOTICE: NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - MISSING CERTIFICATE OF SERVICE*** re 7 Amended Complaint, (aej) (Entered: 02/24/2015)

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  • 02/23/2015
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  • (#8) Response in Opposition to Motion, filed by Education Management Services, LLC, re 3 Motion to Dismiss for Failure to State a Claim as to Count 4 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Michael J. Tracey (Attachments: # 1 Proposed Order)(Moon, Andrew) (Entered: 02/23/2015)

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  • 02/23/2015
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  • (#7) ***DOCUMENT DEFICIENT - MISSING CERTIFICATE OF SERVICE***AMENDED COMPLAINT Filed by Education Management Services, LLC, against Michael J. Tracey amending, filed by Education Management Services, LLC. (Attachments: # 1 Exhibit Affidavit of Service, # 2 Exhibit 2010 Agreement A, # 3 Exhibit 2010 Agreement B, # 4 Exhibit 2012 Agreement, # 5 Exhibit 2014 Agreement, # 6 Exhibit Affidavit of Sarah Gartner)(Moon, Andrew) Modified on 2/24/2015 (aej). (Entered: 02/23/2015)

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  • 02/13/2015
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  • (#6) CERTIFICATE OF SERVICE by Education Management Services, LLC Proof of Service on Mike Tracey (Moon, Andrew) (Entered: 02/13/2015)

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  • 02/12/2015
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  • (#5) Order for Scheduling Recommendations and Advisory Concerning Magistrate Judge Assignment. Plaintiff shall submit a proposed scheduling order to the Court within thirty (30) days from the date of this Order. Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge David A. Ezra. (aej) (Entered: 02/12/2015)

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  • 02/10/2015
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  • (#4) ORDER Setting Hearing on 3 Motion to Dismiss for Failure to State a Claim as to Count 4 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 4/2/2015 10:00 AM before Judge David A. Ezra,. Signed by Judge David A. Ezra. (aej) (Entered: 02/10/2015)

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  • 02/09/2015
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  • (#3) Motion to Dismiss for Failure to State a Claim as to Count 4, MOTION to Dismiss for Lack of Jurisdiction by Michael J. Tracey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order Granting Defendant's Motion to Dismiss Plaintiff's Complaint)(Corrie, Clint) (Entered: 02/09/2015)

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  • 01/29/2015
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  • (#2) Certificate of Interested Parties by Michael J Tracey. (Corrie, Clint) (Entered: 01/29/2015)

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  • 01/29/2015
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  • (#1) NOTICE OF REMOVAL by Michael J Tracey (Filing fee $400 receipt number 0542-7166130), filed by Michael J Tracey. (Attachments: # 1 Exhibit 1 - Declaration of Michael J. Tracey, # 2 Appendix in Support of Notice of Removal, # 3 Appendix - Part 1, # 4 Appendix - Part 2, # 5 Appendix - Part 3, # 6 Appendix - Part 4, # 7 Appendix - Part 5, # 8 Appendix - Part 6, # 9 Appendix - Part 7, # 10 Appendix - Part 8, # 11 Appendix - Part 9, # 12 Appendix - Part 10, # 13 Appendix - Part 11, # 14 Appendix - Part 12, # 15 Civil Cover Sheet, # 16 Supplement to JS 44 Civil Cover Sheet)(Corrie, Clint) (Entered: 01/29/2015)

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