First Bank & Trust v. Reagor Automall, Ltd.

Federal Civil Lawsuit Texas Northern District Court, Case No. 5:18-cv-00234
District Judge Sam R Cummings, presiding
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District Judge Sam R Cummings
Last Updated February 22, 2019 at 12:07 AM EST (6.7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo First Capital Bank of Texas, N.A., Counter-Claimant

Represented by Sprouse Shrader Smith PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Joel R. Hogue +1 806 349 4711 +1 806 373 3454 joel.hogue@sprouselaw.com
ATTORNEY TO BE NOTICED John F Massouh +1 806 468 3300 +1 806 373 3454 john.massouh@sprouselaw.com
v.
No Logo Bart Reagor, Defendant

Represented by Kelly Hart & Hallman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Marshall M Searcy, Jr. +1 817 332 2500 +1 817 878 9280 marshall.searcy@khh.com
, ATTORNEY TO BE NOTICED Scott Ryan Wiehle +1 817 878 3593 +1 817 878 9793 scott.wiehle@khh.com
No Logo Brad D Burgess, Defendant

Represented by Alston & Bird, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jared M Slade +1 214 922 3424 jared.slade@alston.com
No Logo Kenneth L Burgess, Defendant

Represented by Alston & Bird, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jared M Slade +1 214 922 3424 jared.slade@alston.com
No Logo Reagor Automall, Ltd., Defendant

Represented by Kelly Hart & Hallman LLP

Name Phone Fax E-Mail
, ATTORNEY TO BE NOTICED Scott Ryan Wiehle +1 817 878 3593 +1 817 878 9793 scott.wiehle@khh.com
No Logo Rick Dykes, Defendant

Represented by James N. Esterkin

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas M Kirkendall +1 281 364 9946 +1 888 582 0646 bigtkirk@kir.com
No Logo Shane Smith, Defendant

Represented by Field Manning et al

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Robert Andrew Aycock +1 806 792 0810 +1 806 792 9148 aaycock@lubbocklawfirm.com

Represented by Field Manning Stone Hawthorne & Aycock PC

Name Phone Fax E-Mail
Space Joshua Dean Frost +1 806 792 0810 +1 806 792 9148
No Logo Sheila Miller, Defendant

Represented by Law Office of Michael H Carper

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Robert N Nebb +1 806 747 3016 +1 806 747 8411 rnebb@carperlaw.com
No Logo First Bank And Trust Company, Counter-Defendant
Officially listed as "First Bank & Trust"

Represented by Lackey Hershman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael P Aigen +1 214 560 2207 +1 214 560 2203 mpa@lhlaw.net

Represented by Stinson Morrison Hecker LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Katy L Hart +1 214 560 2201 +1 214 560 2203 katy.hart@stinson.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Paul B Lackey +1 214 560 2206 +1 214 560 2203 paul.lackey@stinson.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 430 - Banks and Banking
Timeline
  Entries (64) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 65 Filed: 11/9/2018, Entered: None Unknown Document Type
Motion to Dismiss for Failure to State a Claim filed by Brad D Burgess, Kenneth L Burgess with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Slade, Jared) (Entered: 11/09/2018)
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Legal Document (Payment Possibly Required) 64 Filed: 11/8/2018, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING PLAINTIFF'S MOTION TO SEVER: Granting 63 Motion to Sever Defendant Reagor Auto Mall, Ltd. d/b/a Reagor-Dykes of Levelland and d/b/a/ Reagor-Dykes Imports. It is ordered that all remaining claims and counterclaims among Plaintiff and the non-bankrupt Defendants FirstCapital Bank of Texas, N.A., Bart Reagor, Rick Dykes, Shane Smith, Sheila Miller, Brad D. Burgess and Kenneth L. Burgess are not stayed and shall proceed under the above-styled and numbered action. Clerk to open new case for severed matter - Case No. 5:18-CV-266-C. (Ordered by Senior Judge Sam R Cummings on 11/8/2018) (bdg) (Entered: 11/08/2018)
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Legal Document (Payment Possibly Required) 63 Filed: 11/7/2018, Entered: None Unknown Document Type
MOTION to Sever and Brief in Support filed by First Bank & Trust with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order Proposed Order) (Lackey, Paul) (Entered: 11/07/2018)
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Legal Document (Payment Possibly Required) 60 Filed: 11/1/2018, Entered: None Unknown Document Type
ANSWER to Counterclaim filed by First Bank & Trust. Related document: 32 Answer to Amended Complaint - Counterclaim. (Lackey, Paul) Modified text on 11/1/2018 (bdg). (Entered: 11/01/2018)
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Legal Document (Payment Possibly Required) 61 Filed: 11/1/2018, Entered: None Unknown Document Type
NOTICE of Subpoena filed by First Bank & Trust (Attachments: # 1 Exhibit(s) 1) (Lackey, Paul) (Entered: 11/01/2018)
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Legal Document (Payment Possibly Required) 62 Filed: 11/1/2018, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First Bank & Trust identifying Corporate Parent/Other Affiliate Heartland Financial USA, Inc. for First Bank & Trust, First Bank & Trust. (Lackey, Paul) (Entered: 11/01/2018)
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Legal Document (Payment Possibly Required) 57 Filed: 10/31/2018, Entered: None Unknown Document TypeCourt Filing
ORDER: The Court, having considered Defendant First Capital Bank of Texas, N.A.'s Motion to Dismiss 26, filed October 11, 2018, is of the opinion that the same should be DENIED AS MOOT following the filing of Plaintiffs Second Amended Complaint because said Motion addresses a non-live pleading. If so desired, Defendant may file a new motion addressing Plaintiffs Second Amended Complaint. (Ordered by Senior Judge Sam R Cummings on 10/31/2018) (krd) (Entered: 10/31/2018)
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Legal Document (Payment Possibly Required) 58 Filed: 10/31/2018, Entered: None Unknown Document TypeCourt Filing
ORDER: The Court, having considered Defendants Brad Burgess and Kenneth Burgess' Motion to Dismiss 35, filed October 11, 2018, is of the opinion that the same should be DENIED AS MOOT following the filing of Plaintiffs Second Amended Complaint because said Motion addresses a non-live pleading. If so desired, Defendants may file a new motion addressing Plaintiffs Second Amended Complaint. (Ordered by Senior Judge Sam R Cummings on 10/31/2018) (krd) (Entered: 10/31/2018)
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Legal Document (Payment Possibly Required) 59 Filed: 10/31/2018, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 3/1/2019. Discovery due by 3/16/2020. Motions due by 11/1/2019. Jury Trial set for 4/6/2020 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 10/31/2018) (krd) (Entered: 10/31/2018)
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Legal Document (Payment Possibly Required) 56 Filed: 10/29/2018, Entered: None Unknown Document Type
AMENDED COMPLAINT and Application for Writ of Sequestration against All Defendants filed by First Bank & Trust. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N) (Lackey, Paul) (Entered: 10/29/2018)
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Legal Document (Payment Possibly Required) 53 Filed: 10/26/2018, Entered: None Unknown Document Type
ANSWER to 16 Amended Complaint and Application for Writ of Sequestration filed by Bart Reagor. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Wiehle, Scott) Modified text on 10/29/2018 (bdg). (Entered: 10/26/2018)
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Legal Document (Payment Possibly Required) 54 Filed: 10/26/2018, Entered: None Unknown Document Type
ANSWER to 16 Amended Complaint and Application for Writ of Sequestration filed by Reagor Automall, Ltd.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Wiehle, Scott) Modified text on 10/29/2018 (bdg). (Entered: 10/26/2018)
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Legal Document (Payment Possibly Required) 55 Filed: 10/26/2018, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bart Reagor, Reagor Automall, Ltd.. (Wiehle, Scott) (Entered: 10/26/2018)
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Legal Document (Payment Possibly Required) 52 Filed: 10/24/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting in part 51 Motion for Extension of Time to File Answer or otherwise respond is hereby extended to 9:00 a.m. on October 26, 2018. No further extensions will be granted. (Ordered by Senior Judge Sam R Cummings on 10/24/2018) (bdg) (Entered: 10/24/2018)
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Legal Document (Payment Possibly Required)  Filed: 10/24/2018, Entered: None Unknown Document Type
Answer due from Bart Reagor on 10/26/2018; Reagor Automall, Ltd. on 10/26/2018. ***SEE DOC. NO. 52 FOR IMAGE*** (Ordered by Senior Judge Sam R Cummings on 10/24/2018) (bdg)
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Legal Document (Payment Possibly Required) 47 Filed: 10/23/2018, Entered: None Unknown Document Type
ANSWER to 16 Amended Complaint,,, filed by Shane Smith. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. (Aycock, Robert) (Entered: 10/23/2018)
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Legal Document (Payment Possibly Required) 48 Filed: 10/23/2018, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Shane Smith. (Aycock, Robert) (Entered: 10/23/2018)
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Legal Document (Payment Possibly Required) 49 Filed: 10/23/2018, Entered: None Unknown Document Type
(Document Restricted) Writ of Sequestration executed as to Reagor Auto Mall, Ltd., d/b/a Reagor-Dykes of Levelland. (bdg) (Main Document 49 replaced on 10/23/2018) (krd). (Entered: 10/23/2018)
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Legal Document (Payment Possibly Required) 50 Filed: 10/23/2018, Entered: None Unknown Document Type
(Document Restricted) Writ of Sequestration executed as to Reagor Auto Mall, Ltd., d/b/a Reagor-Dykes Imports. (bdg) (Main Document 50 replaced on 10/23/2018) (krd). (Entered: 10/23/2018)
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Legal Document (Payment Possibly Required) 51 Filed: 10/23/2018, Entered: None Unknown Document Type
Motion for Extension of Time to File Answer to Amended Complaint filed by Bart Reagor, Reagor Automall, Ltd. with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Scott R Wiehle added to party Bart Reagor(pty:dft) (Wiehle, Scott) (Entered: 10/23/2018)
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Legal Document (Payment Possibly Required) 44 Filed: 10/16/2018, Entered: None Unknown Document Type
NOTICE of Funds Deposited into Account filed by First Bank & Trust (Attachments: # 1 Exhibit(s) Exhibit A) (Lackey, Paul) (Entered: 10/16/2018)
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Legal Document (Payment Possibly Required) 42 Filed: 10/15/2018, Entered: None Unknown Document TypeCourt Filing
AGREED ORDER FOR ISSUANCE OF WRIT OF SEQUESTRATION (Ordered by Senior Judge Sam R Cummings on 10/15/2018) (bdg) (Entered: 10/15/2018)
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Legal Document (Payment Possibly Required) 37 Filed: 10/12/2018, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING DEFENDANT'S MOTION TO EXTEND DEADLINE TO FILE ANSWER 29 Motion for Extension of Time to File Answer as to Bart Reagor. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the deadline for Defendant Bart Reagor to file his answer to Plaintiff's First Amended Complaint and Application for Writ of Sequestration is October 24, 2018. (Ordered by Senior Judge Sam R Cummings on 10/12/2018) (zzm) (Entered: 10/12/2018)
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Legal Document (Payment Possibly Required) 38 Filed: 10/12/2018, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING DEFENDANTS' MOTION TO EXTEND DEADLINE TO FILE ANSWER 34 Motion for Extension of Time to File Answer as to Reagor-Dykes Auto Mall Ltd. d/b/a Reagor-Dykes of Levelland and d/b/a Reagor-Dykes Imports. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the deadline for Defendants Reagor-Dykes Auto Mall Ltd. d/b/a Reagor-Dykes of Levelland and d/b/a Reagor-Dykes Imports to file their answers to Plaintiff's First Amended Complaint and Application for Writ of Sequestration is October 24, 2018. (Ordered by Senior Judge Sam R Cummings on 10/12/2018) (zzm) (Entered: 10/12/2018)
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Legal Document (Payment Possibly Required) 39 Filed: 10/12/2018, Entered: None Unknown Document TypeCourt Filing
ORDER: The hearing on Plaintiff's Application for Writ of Sequestration remains set for 9:00 a.m. on October 15, 2018. The Court finds that the time for submitting evidence and arguments, including examination and cross-examination of witnesses, shall be limited to one hundred fifty (150) minutes each for Plaintiff and Defendant Reagor Auto Mall, Ltd. (Ordered by Senior Judge Sam R Cummings on 10/12/2018) (zzm) (Entered: 10/12/2018)
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Legal Document (Payment Possibly Required) 40 Filed: 10/12/2018, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First Capital Bank of Texas, N.A.. (Hogue, Joel) (Entered: 10/12/2018)
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Legal Document (Payment Possibly Required) 41 Filed: 10/12/2018, Entered: None Unknown Document TypeCourt Filing
ORDER NUNC PRO TUNC: This Order replaces the Court's Order entered earlier on even date that set time limits for the October 15, 2018 hearing. The hearing on Plaintiff's Application for Writ of Sequestration remains set for 9:00 a.m. on October 15, 2018. The Court finds that the time for submitting evidence and arguments, including examination and cross-examination of witnesses, shall be limited to ninety (90) minutes each for (1) Plaintiff (2) Defendant Reagor Auto Mall, Ltd., and (3) Defendant First Capital Bank of Texas, N.A. (Ordered by Senior Judge Sam R Cummings on 10/12/2018) (zzm) (Entered: 10/12/2018)
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Legal Document (Payment Possibly Required) 26 Filed: 10/11/2018, Entered: None Unknown Document Type
Motion to Dismiss for Failure to State a Claim filed by First Capital Bank of Texas, N.A. with Brief/Memorandum in Support. (Hogue, Joel) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 27 Filed: 10/11/2018, Entered: None Unknown Document Type
Brief/Memorandum in Support filed by First Capital Bank of Texas, N.A. re 26 Motion to Dismiss for Failure to State a Claim (Hogue, Joel) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 28 Filed: 10/11/2018, Entered: None Unknown Document Type
Appendix in Support filed by First Capital Bank of Texas, N.A. re 27 Brief/Memorandum in Support of Motion (Hogue, Joel) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 29 Filed: 10/11/2018, Entered: None Unknown Document Type
Motion for Extension of Time to File Answer filed by Bart Reagor with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Marshall M Searcy added to party Bart Reagor(pty:dft) (Searcy, Marshall) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 30 Filed: 10/11/2018, Entered: None Unknown Document Type
ANSWER to 16 Amended Complaint,,, with Jury Demand filed by Rick Dykes. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. Attorney Thomas Murray Kirkendall added to party Rick Dykes(pty:dft) (Kirkendall, Thomas) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 10/11/2018, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rick Dykes. (Kirkendall, Thomas) (Main Document 31 replaced as flattened document on 10/12/2018) (zzm). (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 32 Filed: 10/11/2018, Entered: None Unknown Document Type
FirstCapital Bank of Texas, N.A.'s ANSWER to 16 Amended Complaint,,, filed by First Capital Bank of Texas, N.A.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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., COUNTERCLAIM against First Bank & Trust filed by First Capital Bank of Texas, N.A. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s)) (Hogue, Joel) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 33 Filed: 10/11/2018, Entered: None Unknown Document Type
RESPONSE AND OBJECTION filed by First Capital Bank of Texas, N.A. re: 16 MOTION for Hearing on Plaintiff's Application for Writ of Sequestration (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s)) (Massouh, John) Modified to link to Amended Complaint per telephone call from J. Hogue 10/12/2018 (zzm). (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 34 Filed: 10/11/2018, Entered: None Unknown Document Type
Motion for Extension of Time to File Answer filed by Reagor Automall, Ltd. with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Scott R Wiehle added to party Reagor Automall, Ltd.(pty:dft) (Wiehle, Scott) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 35 Filed: 10/11/2018, Entered: None Unknown Document Type
Motion to Dismiss for Failure to State a Claim filed by Brad Burgess, Kenneth Burgess with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Jared Michael Slade added to party Brad Burgess(pty:dft), Attorney Jared Michael Slade added to party Kenneth Burgess(pty:dft) (Slade, Jared) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 36 Filed: 10/11/2018, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brad Burgess, Kenneth Burgess. (Slade, Jared) (Entered: 10/11/2018)
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Legal Document (Payment Possibly Required) 18 Filed: 10/9/2018, Entered: None Unknown Document Type
SUMMONS Returned Executed as to First Capital Bank of Texas, N.A. ; served on 10/2/2018. (Lackey, Paul) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 19 Filed: 10/9/2018, Entered: None Unknown Document Type
SUMMONS Returned Executed as to Bart Reagor ; served on 10/2/2018. (Lackey, Paul) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 20 Filed: 10/9/2018, Entered: None Unknown Document Type
SUMMONS Returned Executed as to Brad Burgess ; served on 10/2/2018. (Lackey, Paul) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 21 Filed: 10/9/2018, Entered: None Unknown Document Type
SUMMONS Returned Executed as to Kenneth Burgess ; served on 10/2/2018. (Lackey, Paul) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 22 Filed: 10/9/2018, Entered: None Unknown Document Type
SUMMONS Returned Executed as to Reagor Automall, Ltd. ; served on 10/2/2018. (Lackey, Paul) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 10/9/2018, Entered: None Unknown Document Type
SUMMONS Returned Executed as to Rick Dykes ; served on 10/2/2018. (Lackey, Paul) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 24 Filed: 10/9/2018, Entered: None Unknown Document Type
SUMMONS Returned Executed as to Shane Smith ; served on 10/2/2018. (Lackey, Paul) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 25 Filed: 10/9/2018, Entered: None Unknown Document Type
WAIVER OF SERVICE Returned Executed as to Sheila Miller. Waiver sent on 10/4/2018. (Lackey, Paul) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 17 Filed: 10/8/2018, Entered: None Unknown Document Type
ANSWER to 16 Amended Complaint,,, filed by Sheila Miller. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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. Attorney Robert N Nebb added to party Sheila Miller(pty:dft) (Nebb, Robert) (Entered: 10/08/2018)
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Legal Document (Payment Possibly Required) 13 Filed: 10/4/2018, Entered: None Unknown Document Type
Motion for Extension of Time to File Answer filed by Shane Smith Attorney Robert Andrew Aycock added to party Shane Smith(pty:dft) (Aycock, Robert) (Entered: 10/04/2018)
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Legal Document (Payment Possibly Required) 14 Filed: 10/4/2018, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sheila Miller. (Nebb, Robert) (Entered: 10/04/2018)
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Legal Document (Payment Possibly Required) 15 Filed: 10/4/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting in part 13 Motion for Extension of Time to File Answer. Defendant Smith's answer is due twenty-one (21) days from the date he was served with the Summons and a copy of the state court pleading. The hearing scheduled for October 15, 2018, remains set as previously scheduled. (Ordered by Senior Judge Sam R Cummings on 10/4/2018) (bdg) (Entered: 10/04/2018)
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Legal Document (Payment Possibly Required) 16 Filed: 10/4/2018, Entered: None Unknown Document Type
AMENDED COMPLAINT and Application for Writ of Sequestration against All Defendants filed by First Bank & Trust. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N) (Lackey, Paul) (Entered: 10/04/2018)
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Legal Document (Payment Possibly Required)  Filed: 10/4/2018, Entered: None Unknown Document Type
APPLICATION for Writ of Sequestration by First Bank & Trust. ***SEE DOCUMENT 16 FOR IMAGE OF PDF*** (bdg)
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Legal Document (Payment Possibly Required) 11 Filed: 10/1/2018, Entered: None Unknown Document TypeCourt Filing
ORDER: The hearing on Plaintiff's Application for Writ of Sequestration is RESET for 10/15/2018 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. The parties shall submit any proposed orders relating to the Application for Writ of Sequestration for the Court's review by 9:00 a.m. on October 10, 2018. Plaintiff shall serve a copy of this Order on the Defendants. (Ordered by Senior Judge Sam R Cummings on 10/1/2018) (bdg) (Entered: 10/01/2018)
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Legal Document (Payment Possibly Required) 12 Filed: 10/1/2018, Entered: None Unknown Document TypeCourt Filing
ORDER: The Court ORDERS Plaintiff to file an amended pleading, on or before 9:00 a.m. on October 5, 2018, that complies with the Federal Rules of Civil Procedure. Defendants shall file their answer(s) on or before 9:00 a.m. on October 12, 2018. Plaintiff shall serve a copy of this Order on the Defendants. (Ordered by Senior Judge Sam R Cummings on 10/1/2018) (zzm) (Entered: 10/01/2018)
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Legal Document (Payment Possibly Required) 9 Filed: 9/28/2018, Entered: None Unknown Document Type
Summons Issued as to First Capital Bank of Texas, N.A.. (bdg) (Entered: 09/28/2018)
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Legal Document (Payment Possibly Required) 10 Filed: 9/28/2018, Entered: None Unknown Document TypeCourt Filing
ORDER granting 5 Motion for Hearing on Plaintiff's Application for Writ of Sequestration. Plaintiff's Application for Writ of Sequestration is set for hearing on 10/15/2018 10:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. Plaintiff shall serve a copy of this Order on the Defendants. (Ordered by Senior Judge Sam R Cummings on 9/28/2018) (bdg) (Entered: 09/28/2018)
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Legal Document (Payment Possibly Required) 5 Filed: 9/26/2018, Entered: None Unknown Document Type
MOTION for Hearing on Plaintiff's Application for Writ of Sequestration filed by First Bank & Trust (Attachments: # 1 Proposed Order Proposed Order) (Lackey, Paul) (Entered: 09/26/2018)
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Legal Document (Payment Possibly Required) 6 Filed: 9/26/2018, Entered: None Unknown Document Type
Request for Clerk to issue Citations to All Defendants filed by First Bank & Trust. (Lackey, Paul) (Entered: 09/26/2018)
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Legal Document (Payment Possibly Required) 7 Filed: 9/26/2018, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE by First Bank & Trust re 6 Request for Clerk to Issue Document (Lackey, Paul) (Entered: 09/26/2018)
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Legal Document (Payment Possibly Required) 8 Filed: 9/26/2018, Entered: None Unknown Document Type
Summons Issued as to Bart Reagor, Brad Burgess, Kenneth Burgess, Sheila Miller, Reagor Automall, Ltd., Rick Dykes, Shane Smith. (bdg) (Entered: 09/26/2018)
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Legal Document (Payment Possibly Required) 4 Filed: 9/24/2018, Entered: None Unknown Document TypeCourt Filing
NEW CASE NOTES: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (zzm) (Entered: 09/24/2018)
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Legal Document (Payment Possibly Required) 1 Filed: 9/21/2018, Entered: None Unknown Document TypeCourt Filing
NOTICE OF REMOVAL from 72nd Lubbock County, case number 2018532240 filed by First Capital Bank of Texas, N.A.. (Filing fee $400; receipt number 0539-9469677) 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. (Attachments: # 1 Cover Sheet, # 2 Cover Sheet Supplement) (Hogue, Joel) (Entered: 09/21/2018)
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Legal Document (Payment Possibly Required) 2 Filed: 9/21/2018, Entered: None Unknown Document Type
NOTICE of Related Case filed by First Capital Bank of Texas, N.A. (Hogue, Joel) (Entered: 09/21/2018)
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Legal Document (Payment Possibly Required) 3 Filed: 9/21/2018, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by First Capital Bank of Texas, N.A.. (Hogue, Joel) (Entered: 09/21/2018)
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