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In the United States District Court Northern District of Texas Dallas Division
Case 3:16-cv-01694-M-BN Document 22 Filed 09/12/16 Page 1 of 24 PageID <pageID> IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PAUL SHUNATONA, § § Plaintiff, § § V. § No. 3:16-cv-1694-M-BN § WELLS FARGO BANK, NATIONAL § ASSOCIATION, § § Defendant. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE This case has been referred to the undersigned United States magistrate judge for pretrial management pursuant to 28 U.S.C. § 636(b) and a standing order of reference from Chief Judge Barbara M. G. Lynn. Plaintiff Paul Shunatona (“Shunatona” or “Plaintiff”) has filed a combined Motions for Leave to Amend, Dismiss Claim, Enter Stipulation, Abate and Vacate Orders, and Remand to State Court. See Dkt. No. 15. Defendants Wells Fargo Bank, National Association (“Wells Fargo” or “Defendant”), filed a response, see Dkt. No. 20, and Shunatona filed a reply, see Dkt. No. 21. The undersigned issues the following findings of fact, conclusions of law, and recommendation that the Court grant the Motions for Leave to Amend, Dismiss Claim, and Enter Stipulation and deny the Motions to Abate and Vacate Orders and Remand to State Court. -1- Case 3:16-cv-01694-M-BN Document 22 Filed 09/12/16 Page 2 of 24 PageID <pageID> Background Shunatona filed this case against Wells Fargo in Dallas County state court on May 16, 2016. See Dkt. No. 1-5. Plaintiff’s Original Petition and Request for Disclosure alleges two counts against Wells Fargo and seeks to set aside the foreclosure of – and quiet title in Shunatona’s name to – real property located at 11215 Sesame Street, Dallas, Texas 75288 (the “Property”) as well as to affirm Shunatona’s ownership of certain funds currently held by the Texas Comptroller and award damages to Shunatona. -
In the United States District Court Northern District of Texas Dallas Division
Case 3:05-cv-00427-L Document 12 Filed 08/05/05 Page 1 of 6 PageID 136 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CHRISTOPHER J. BLINCOE, § § Plaintiff, § § v. § Civil Action No. 3:05-CV-0427-L § F. EARL BLINCOE AND HELEN BLINCOE § FAMILY, L.P., § § Defendant. § MEMORANDUM OPINION AND ORDER Before the court are Plaintiff’s Motion to Remand, filed April 1, 2005. After careful consideration of the motion, response, record, and applicable law, the court denies Plaintiff’s Motion to Remand.1 Also before the court is Defendant’s Suggestion of Bankruptcy, filed May 18, 2005. Having received notice from Defendant’s counsel on July 27, 2005 that Defendant’s Suggestion of Bankruptcy is now moot, the court denies as moot Defendant’s Suggestion of Bankruptcy. I. Factual and Procedural Background This is a declaratory judgment action brought by Plaintiff Christopher J. Blincoe (hereinafter, “Plaintiff” or “Blincoe”) challenging the validity of a lis pendens, and seeking to quiet title, with regard to a parcel of real property located at 1908 Duncanville Road in Dallas County, Texas (hereinafter, the “property”). On November 7, 2003, F. Earl Blincoe and Helen Blincoe Family, L.P. (hereinafter, “Defendant” or “FLP”) filed suit against Christopher J. Blincoe in California state court seeking to recover an unpaid debt in excess of $640,000 (hereinafter, the “California Action”). See Def. Notice of Rem. at Exh. 3-A. In the California Action, FLP alleges breach of contract, default 1Plaintiff did not file a reply to Defendant’s Response and Opposition to Plaintiff’s Motion to Remand. -
Civil Rights Attorney's Fees Awards in Moot Cases
Civil Rights Attorney's Fees Awards in Moot Cases The Civil Rights Attorney's Fees Awards Act of 19761 (the "Act") authorizes an award of attorney's fees to the "prevailing party" in certain civil rights actions.2 The precise meaning of "pre- vailing party," left undefined by the Act, is the subject of much debate." A plaintiff' who has gained his desired relief through final Pub. L. No. 94-559, 90 Stat. 2641 (1976) (codified as amended at 42 U.S.C.A. § 1988 (West 1981)). 1 In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318 [20 U.S.C. 1681 et seq.], . or title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. 42 U.S.C.A. § 1988 (West 1981) (brackets in original). The Act also authorized fees awards in certain suits brought under the Internal Reve- nue Code. Civil Rights Attorney's Fees Awards Act of 1976, Pub. L. No. 94-559, § 2, 90 Stat. 2641, 2641 (currrent version at 42 U.S.C.A. § 1988 (West 1981)). That provision was re- pealed by the Equal Access to Justice Act, Pub. L. No. 96-481, § 205(c), 94 Stat. 2321, 2330 (1980). Few fees awards were made under section 1988 in tax cases, but the wider applicabil- ity of the new Act will allow more such awards. -
United States District Court Eastern District of New York U.S
Case 2:14-cv-07520-SJF-ARL Document 25 Filed 12/10/15 Page 1 of 8 PageID #: <pageID> FILED CLERK 12/10/2015 2:21 pm UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK U.S. DISTRICT COURT ----------------------------------------------------------X EASTERN DISTRICT OF NEW YORK HARTFORD LIFE INSURANCE COMPANY, LONG ISLAND OFFICE Plaintiff, ORDER -against- 14-CV-7520 (SJF)(ARL) SHATURA SIMONEE, STERLING SIMONEE, THE ESTATE OF SAUNDRA SIMONEE, and OYSTER BAY FUNERAL HOME, Defendants. ----------------------------------------------------------X FEUERSTEIN, J. Plaintiff, Hartford Life Insurance Company (“Hartford” or “Plaintiff”), has moved to interplead three (3) potential beneficiaries with competing rights to the proceeds of a life insurance and accidental death and dismemberment insurance policy and for attorneys’ fees. The motions are denied with leave to refile. I. BACKGROUND At the time of her death on September 27, 2013, Saundra Simonee (“Decedent”), a resident of New York, held a valid life insurance and accidental death and dismemberment insurance policy (the “Policy”) underwritten by Hartford and valued at $43,750.00 (the “Policy Benefits”). [DE 1 at ¶ 4; DE 22-1 at 1-3]. Hartford does not dispute its obligation to pay the Policy Benefits. [DE 22-1 at 1]. Decedent’s daughter, Shatura Simonee (“Shatura”), is the sole named beneficiary on the Policy; Decedent’s son, Sterling Simonee (“Sterling”), is not named. Id. Decedent was unmarried at the time of her death. Id. at 3. Case 2:14-cv-07520-SJF-ARL Document 25 Filed 12/10/15 Page 2 of 8 PageID #: <pageID> On October 16, 2013, Shatura asserted a claim to the Policy Benefits. -
07/20/2020 Motion to Dismiss On
Case 4:20-cv-00607-O Document 8 Filed 07/20/20 Page 1 of 8 PageID 104 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION HIBBETT SPORTING GOODS, INC. § § Plaintiff, § § v. § CIVIL ACTION NO. 4:20-CV-00607-O § WEATHERFORD DUNHILL LLC § C/O DUNHILL PROPERTY § MANAGEMENT SERVICES, INC. § § Defendant. § DEFENDANT WEATHERFORD DUNHILL LLC C/O DUNHILL PROPERTY MANAGEMENT SERVICES, INC.’S MOTION TO DISMISS AND BRIEF IN SUPPORT Incorrectly identified Defendant, Weatherford Dunhill LLC c/o Dunhill Property Management Services, Inc. (“Dunhill”),1 respectfully moves the court to dismiss the Plaintiff’s Original Complaint for Declaratory Judgment (“Complaint”) against it pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction, and its discretionary powers under the Declaratory Judgement Act, 28 U.S.C. § 2201(a) (“the Act”), and in support thereof, respectfully shows the court as follows: I. INTRODUCTION The Court should dismiss this action for declaratory relief pursuant to Federal Rule of Civil Procedure 12(b)(1) and its discretionary powers under the Act because plaintiff Hibbett Sporting Goods, Inc.’s (“Hibbett”) pre-emptive, anticipatory claim for declaratory relief amounts to an impermissible race to the courthouse in anticipation of litigation, and its claim that this court has diversity jurisdiction fails because the amount in controversy is less than $75,000.00. Hibbett was 1 The correctly named party should be Weatherford Dunhill, LLC. There is no entity named “Weatherford Dunhill, LLC c/o Dunhill Property Management Services, Inc.” DEFENDANT WEATHERFORD DUNHILL LLC C/O DUNHILL PROPERTY PAGE 1 OF 8 MANAGEMENT SERVICES, INC.’S MOTION TO DISMISS Case 4:20-cv-00607-O Document 8 Filed 07/20/20 Page 2 of 8 PageID 105 well aware of an impending action to terminate its lease agreement with Dunhill and retake possession of the leased premises due to its own default under the plain language of the lease. -
Colorado Replication of the 1990 National Prosecutors Survey I .'
I I I Colorado Replication of the 1990 I National Prosecutors Survey I I I I I I September 1992 'I I I :1 I Office of Research and Statistics I Division of Criminal Justice I Colorado Department of Public Safety ,I ;1 • I I' I Colorado Replication of the 1990 I National Prosecutors Survey I I I, By Joan Crouch I I I September 1992 I I Kim K. English, Research Director ! I William R. Woodward, Division Director I Colorado Division of Criminal Justice , I I I Funded by Grant 91-BJ-CX-K032 from the Bureau of Justice Statistics I I I I I I I I U.S. Department of Justice 143494 National Institute of Justice I This document has been reproduced exactly as received from the person or organization originating It. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the Nat/onallnstitute of Justice. I Permission to reproduce this B I material has been granted by Public Domajn/BTS u.s. Depari:rrent of Justice I to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the ..... owner. I I I I I I I I I TABLE OF CONTENTS Page EXECUTIVE SUMMARY ... : . 1 Findings: Comparisons Across Colorado. 2 Findings: Comparing Colorado to the Nation. 4 INTRODUCTION TO THE REPORT. 7 CHAPTER ONE .................................... 9 Colorado Replication of 1990 National Prosecutors Survey CHAPTER TWO. 37 A Comparison of Cases Prosecuted in a Sample of Judicial Districts APPENDIX ONE. -
In the Supreme Court of the United States
No. 01-896 In the Supreme Court of the United States FORD MOTOR COMPANY AND CITIBANK (SOUTH DAKOTA), N.A., PETITIONERS v. JOHN B. MCCAULEY, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONERS THEODORE B. OLSON Solicitor General Counsel of Record ROBERT D. MCCALLUM, JR. Assistant Attorney General PAUL D. CLEMENT Deputy Solicitor General BARBARA MCDOWELL Assistant to the Solicitor General BARBARA C. BIDDLE THOMAS M. BONDY Attorneys Department of Justice Washington, D.C. 20530-0001 (202) 514-2217 QUESTION PRESENTED Whether the cost to the defendant of complying with an injunction sought by a plaintiffs’ class may satisfy the amount-in-controversy requirements of the diver- sity jurisdiction statute, where such compliance would cost the defendant more than the $75,000 jurisdictional amount whether it covered the entire class or any single member of the class. (I) TABLE OF CONTENTS Page Interest of the United States ...................................................... 1 Statement ........................................................................................ 2 Summary of argument .................................................................. 6 Argument: The amount-in-controversy requirement of 28 U.S.C. 1332 is satisfied in a class action seeking injunctive re- lief if the cost to the defendant of providing relief to any class member would exceed $75,000 ..................................... 10 I. In a conventional lawsuit, the amount in controversy is correctly measured by either the value of an injunc- tion to the plaintiff or the cost of an injunction to the defendant .............................................................................. 10 A. The text of the diversity jurisdiction statute does not confine the amount-in-controversy analysis to the plaintiff ’s perspective ......................................... -
No. 18-12676-AA Plaintiffs-Appellants V. Defendants-Appellees. Appeal
Case: 18-12676 Date Filed: 08/06/2018 Page: 1 of 78 No. 18-12676-AA UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CHIKE UZUEGBUNAM AND JOSEPH BRADFORD, Plaintiffs-Appellants v. STANLEY C. PRECZEWSKI, LOIS C. RICHARDSON, JIM B. FATZINGER, TOMAS JIMINEZ, AILEEN C. DOWELL, GENE RUFFIN, CATHERINE JANNICK DOWNEY, TERRANCE SCHNEIDER, COREY HUGHES, REBECCA A. LAWLER, AND SHENNA PERRY Defendants-Appellees. Appeal from the United States District Court for the Northern District of Georgia Case No. 1:16-cv-04658-ELR The Honorable Eleanor L. Ross BRIEF OF PLAINTIFFS-APPELLANTS DAVID A. CORTMAN KRISTEN K. WAGGONER TRAVIS C. BARHAM TYSON C. LANGHOFER ALLIANCE DEFENDING FREEDOM ALLIANCE DEFENDING FREEDOM 1000 Hurricane Shoals Road N.E., 440 1st Street, NW, Ste. 600 Ste. D-1100 Washington, D.C. 20001 Lawrenceville, Georgia 30043 Telephone: (202) 393–8690 Telephone: (770) 339–0774 Facsimile: (202) 347–3622 Facsimile: (770) 339–6744 Attorneys for Appellants Case: 18-12676 Date Filed: 08/06/2018 Page: 2 of 78 Uzuegbunam v. Preczewski, Case No. 18-12676-AA CERTIFICATE OF INTERESTED PERSONS Pursuant to FED. R. APP. P. 26.1(a) and 28(a)(1) and 11th Cir. R. 26.1- 1, 26.1-2, 26.1-3, and 28-1, the undersigned counsel of record certifies that the following listed persons and entities are known to have an inter- est in the outcome of this case or appeal: Alliance Defending Freedom Barham, Travis C. Board of Regents of the University System of Georgia Bradford, Joseph Carr, Christopher Chalmers, Roger Cortman, David A. Cusimano, Ellen Dowell, Aileen C. -
United States District Court Northern District of Alabama Northeastern Division
Case 3:13-cv-00093-CLS Document 21 Filed 05/21/13 Page 1 of 12 FILED 2013 May-21 PM 04:37 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION TIFFIN MOTORHOMES, INC., ) ) Plaintiff, ) ) vs. ) Civil Action No. CV-13-S-93-NE ) NATIONAL INTERSTATE, et al., ) ) Defendants. ) MEMORANDUM OPINION This action raises the question of the power of an Article III court to adjudicate a case removed from state court. The action was commenced in the Circuit Court of Franklin County, Alabama. The complaint sought a judgment under the Alabama Declaratory Judgment Act1 establishing the liability (if any) of plaintiff, Tiffin Motorhomes, Inc., to defendants, G.A. Rentals, LLC and National Interstate, for the destruction by fire of a motorhome manufactured by plaintiff, owned by G.A. Rentals, and insured by National Interstate.2 The case was removed to this court by National Interstate on the basis of the parties’ diversity of citizenship. See 28 U.S.C. §1332(a)(1).3 Plaintiff moved to remand, but argued only that National Interstate had 1 See Ala. Code § 6-6-220 et seq. (1975) (2005 Replacement Vol.). 2 Doc. no. 1-1 (Ex. A.), at ECF 2-3 (Complaint). 3 Doc. no. 1 (Notice of Removal). To date, plaintiff has not served G.A. Rentals. Accordingly, the consent of that party to removal was not necessary. Case 3:13-cv-00093-CLS Document 21 Filed 05/21/13 Page 2 of 12 not met its burden of showing that the amount in controversy exceeded $75,000, exclusive of interest and costs.4 That motion was denied.5 The action now is before the court on National Interstate’s motion for judgment on the pleadings.6 National Interstate first argues that the court should exercise its discretion to refuse to entertain plaintiff’s request for entry of a declaratory relief. -
Question 1. on What Basis, If Any Would a Federal District Court Have Subject Matter Jurisdiction Over the Lawsuit by Plaintiff Against Defendant
STUDENT ANSWER 1: Question 1. On what basis, if any would a federal district court have subject matter jurisdiction over the lawsuit by plaintiff against defendant. ISSUE 1: Whether or not the federal court has subject matter jurisdiction over plaintiff’s complaint. The federal courts are courts of limited jurisdiction and have subject matter jurisdiction over federal question causes of action and diversity of jurisdiction causes of action. A federal question claim arises when the cause of action arises under an act of Congress, the US Constitution or a US Treaty. A diversity claim is a state based claim between citizens of different states where the damages exceed 75,000. In addition the federal court has the discretion to exercise supplemental jurisdiction. Supplemental jurisdiction allows a federal court to hear a state claim that is related to a valid pending claim in the federal court even though independently that claim could not enter the federal court house so long as the state claim against a D derives from a common nucleus of operative facts. To determine whether or not a court has jurisdiction over a federal question claim, the court relies on the well pleaded complaint rule. Under the WELL PLEADED COMAPLAINT RULE, federal courts look exclusively to the plaintiff’s complaint and will not consider that a defendant may raise a federal statute as a defense or that the D will assert a related counterclaim involving federal issues. To determine whether or not jurisdiction exists under a diversity of jurisdiction claim, both plaintiff and defendant must be completely diverse and the cause of action must exceed 75,000.00. -
S:\JBC\04 Figure Setting\FY 08-09\Judicial\JUD FIG 08-09
COLORADO GENERAL ASSEMBLY JOINT BUDGET COMMITTEE FY 2008-09 FIGURE SETTING: JUDICIAL DEPARTMENT JBC Working Document - Subject to Change Staff Recommendation Does Not Represent Committee Decision Prepared By: Stephanie Walsh, JBC Staff March 4, 2008 For Further Information Contact: Joint Budget Committee Staff 200 E. 14th Avenue, 3rd Floor Denver, Colorado 80203 Telephone: (303) 866-2061 Facsimile: (303) 866-2150 (TDD 866-3472) JUDICIAL BRANCH FY 2008-09 FIGURE SETTING JBC WORKING DOCUMENT - ALL DECISIONS SUBJECT TO CHANGE Staff Recommendation Does Not Represent Committee Decision TABLE OF CONTENTS Numbers Pages . 1 Summaries & Overviews Organization of the Judicial Branch.........................................25 Summary of Decision Item Requests........................................26 General Fund Overview ..................................................27 Figure-setting Detail Judicial Department Staffing Requests ......................................30 1) Supreme Court/Court of Appeals........................................47 2) Courts Administration (A) Administration................................................50 (B) Administrative Special Purpose...................................60 (C) Integrated Information Services...................................73 3) Trial Courts.........................................................77 4) Probation and Related Services .........................................90 5) Public Defender ....................................................101 6) Alternate Defense Counsel ............................................119 -
Its Causes, Consequences, and Possible Solutions in the Colorado Court of Appeals
Examining Delay: Its Causes, Consequences, and Possible Solutions in the Colorado Court of Appeals Nicole L. Waters, Principal Court Research Consultant Shauna M. Strickland, Project Management Administrator National Center for State Courts March 2018 State appellate courts need to resolve cases in an impartial and timely manner. This article examines case-processing times in the Colorado Court of Appeals and what steps the court took to decrease case-processing times. Why Delay Matters The Model Time Standards for State Appellate Courts note that “the timely resolution of cases is probably the most widely accepted objective measure of court operations and is also, fairly or otherwise, a primary concern of the other branches of government and the public regarding the courts.” [1] While the consequences of delay are well known, they are best summarized by Hoffman and Mahoney, who posit that “in some ways, appellate delays are especially pernicious.” > Appellate delays prolong litigation and undermine the public interest in final resolution of litigants’ disputes. Parties on appeal remain enmeshed in the disputing process and are unable to get on with their lives and businesses. > Reversal of a trial court decision or remand for further proceedings extends a dispute even longer. The longer the appellate process takes, the more likely it is that witnesses will be unavailable, memories will fade, and evidence will be stale when the case is again before the trial court. > Appellate delays affect not only the parties to the case that is delayed but also the actions of others who are involved in cases that have similar facts and issues, contributing to uncertainty in law and in business and social relationships.