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Case TitleManning v. Powell et al
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2018cv00759
Date Filed2018-09-13
Date ClosedOpen
JudgeJudge Reed C. O'Connor
PlaintiffTabrenia Manning
Case DescriptionTabrenia Manning filed suit against Scott Powell and Santander Consumer under the Fair Debt Collection Practices Act. This is not a FOIA case.
Complaint issues: FOIA not mentioned

DefendantScott Powell
doing business as CEO Santander Consumer USA
DefendantScott Powell
doing business as CEO
DefendantSantander Consumer USA Inc
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-131COMPLAINT against Scott Powell filed by Tabrenia Manning. (Filing fee $400.00; Receipt number FW031321) 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. (bdb) (Entered: 09/14/2018)
2018-09-132New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Ray preliminarily assigned. No prior sanctions found. (For court use only - links to the national and circuit indexes.) File to: No court file needed. 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. (bdb) (Entered: 09/14/2018)
2018-09-133Notice and Instruction to Pro Se Party. (bdb) (Entered: 09/14/2018)
2018-10-054Exhibits to 1 Complaint,, by Plaintiff Tabrenia Manning. (wrb) (Entered: 10/05/2018)
2018-11-055Summons Issued as to Scott Powell. (tln) (Entered: 11/05/2018)
2018-11-056NOTICE OF LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS filed by Tabrenia Manning. (tln) (Entered: 11/05/2018)
2018-12-127SUMMONS Returned Executed as to Scott Powell; served on 12/11/2018. (tln) (Entered: 12/12/2018)
2018-12-198CERTIFICATE OF SERVICE by Lolitia Andrews on behalf of Plaintiff re 5 Summons 1 Complaint,, (edm) (Entered: 12/19/2018)
2018-12-19***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Wed Dec 19 16:00:28 CST 2018 (crt) (Entered: 12/19/2018)
2018-12-269MOTION for Entry of Default filed by Tabrenia Manning. (bdb) (Entered: 12/27/2018)
2018-12-2610CERTIFICATE OF SERVICE filed by Tabrenia Manning. (bdb) (Entered: 12/27/2018)
2018-12-2611Affidavit in Support filed by Tabrenia Manning re 9 MOTION for Entry of Default. (bdb) (Entered: 12/27/2018)
2018-12-2812DEFENDANTS' 12(b)(l) MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND 12(b)(6) MOTION TO DISMISS FOR F AlLURE TO STATE A CLAIM filed by Scott Powell and Santander Consumer USA Inc. (Attachments: # 1 Exhibit(s) A - Affidavit of James Jackson, # 2 Exhibit(s) B - Report and Recommendation of United States Judge Mazzant)Attorney Frank Alvarez added to party Scott Powell and Santander Consumer USA Inc (pty:dft) (Alvarez, Frank) Modified filers on 12/31/2018 (bdb). (Entered: 12/28/2018)
2018-12-2813ANSWER to 1 Complaint,, filed by Scott Powell and Santander Consumer USA Inc. 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. (Alvarez, Frank) Modified filers on 12/31/2018 (bdb). (Entered: 12/28/2018)
2018-12-3114ORDER. On December 28, 2018, Defendants filed their Motion to Dismiss (ECF No. 12). Pursuant to Local Civil Rule No. 7.1(e), if Plaintiff opposes the Motion, she shall file a response and brief on or before January 18, 2019. (Ordered by Magistrate Judge Hal R. Ray, Jr on 12/31/2018) (trt) (Entered: 12/31/2018)
2018-12-31***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Mon Dec 31 09:14:16 CST 2018 (crt) (Entered: 12/31/2018)
2019-01-0215ORDER denying 9 Motion for Entry of Default (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/2/2019) (trt) (Entered: 01/02/2019)
2019-01-02***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Wed Jan 2 13:31:32 CST 2019 (crt) (Entered: 01/02/2019)
2019-01-1816REPLY filed by Tabrenia Manning re: 13 Answer to Complaint. (bdb) (Entered: 01/22/2019)
2019-01-1817OBJECTION filed by Tabrenia Manning re: 12 MOTION to Dismiss Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (bdb) (Entered: 01/22/2019)
2019-01-1818MOTION for Leave to File Amended Complaint filed by Tabrenia Manning. (bdb) (Entered: 01/22/2019)
2019-01-2219ORDER: It is, therefore, ORDERED that Plaintiff shall file the required certificate of conference indicating whether the Motion is unopposed or opposed, as required by Local Rule 7.1, on or before January 28, 2019. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/22/2019) (skg) (Entered: 01/22/2019)
2019-01-22***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Tue Jan 22 10:53:43 CST 2019 (crt) (Entered: 01/22/2019)
2019-01-2820CERTIFICATE of Conference re 18 MOTION for Leave to File Amended Complaint by Tabrenia Manning. (tln) (Entered: 01/28/2019)
2019-01-2921ORDER granting 18 Motion for Leave to File Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) Responses due by 2/12/2019. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/29/2019) (skg) (Entered: 01/29/2019)
2019-01-29***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Tue Jan 29 15:02:57 CST 2019 (crt) (Entered: 01/29/2019)
2019-01-2922AMENDED COMPLAINT against All Defendants filed by Tabrenia Manning. 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. (skg) (Entered: 01/29/2019)
2019-01-3023ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before February 27, 2019. (Ordered by Magistrate Judge Hal R. Ray, Jr on 1/30/2019) (skg) (Entered: 01/30/2019)
2019-01-30***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Wed Jan 30 09:28:21 CST 2019 (crt) (Entered: 01/30/2019)
2019-02-1124DEFENDANTS' AMENDED 12(b)(1) MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Scott Powell, Santander Consumer USA Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A - Affidavit of James Jackson, # 2 Exhibit(s) B - Report and Recommendation of United States Judge Mazzant) (Martinelli, Brent) (Entered: 02/11/2019)
2019-02-1125AMENDED ANSWER to 22 Amended Complaint filed by Scott Powell, Santander Consumer USA Inc. 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. (Martinelli, Brent) (Entered: 02/11/2019)
2019-02-1326ORDER: Plaintiff shall file her response to the Motion 24 on or before March 4, 2019. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/13/2019) (skg) (Entered: 02/13/2019)
2019-02-13***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Wed Feb 13 15:07:39 CST 2019 (crt) (Entered: 02/13/2019)
2019-02-1927REPLY filed by Tabrenia Manning re: 25 Amended Answer. (tln) (Entered: 02/19/2019)
2019-02-1928OBJECTIONS TO 24 DEFENDANT'S AMENDED 12(b)(1) MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION; AMENDED 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE DEFENDANT'S AFFIDAVIT, filed by Tabrenia Manning. (tln) (Entered: 02/19/2019)
2019-02-2629Defendants' Response to Plaintiff's Objections to Defendants' 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction and 12(b)(6) Motion to Dismiss for Failure to State a Claim and Response to Plaintiff's Motion to Strike Defendants' Affidavit and in support thereof filed by Scott Powell, Santander Consumer USA Inc re: 28 MOTION to Strike 24 Amended MOTION to Dismiss for Lack Jurisdiction and 12(b)(6) Motion to Dismiss for Failure to State a Claim (Martinelli, Brent) (Entered: 02/26/2019)
2019-02-2730Joint STATUS REPORT filed by Scott Powell, Santander Consumer USA Inc. (Martinelli, Brent) (Entered: 02/27/2019)
2019-02-2731SCHEDULING ORDER: Joinder of Parties due by 7/5/2019. Amended Pleadings due by 7/5/2019. Motions due by 9/20/2019. Deadline for mediation is on or before 8/16/2019. Discovery due by 11/15/2019. This case was referred to the undersigned United States Magistrate Judge for pretrial management. The United States District Judge will set the trial date and the dates for the remaining pretrial schedule in a subsequent order. (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/27/2019) (skg) (Entered: 02/27/2019)
2019-02-27***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Wed Feb 27 11:14:57 CST 2019 (crt) (Entered: 02/27/2019)
2019-03-0432BRIEF and RESPONSE filed by Tabrenia Manning re: 24 AMENDED 12(b)(l) MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION; AMENDED 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (tln) (Entered: 03/04/2019)
2019-03-1933ORDER: It is therefore ORDERED that Defendants shall file any response they wish to make to Plaintiff's sur-reply 32 on or before April 2, 2019. (Ordered by Magistrate Judge Hal R. Ray, Jr on 3/19/2019) (skg) (Entered: 03/19/2019)
2019-03-19***Clerk's Notice of delivery: (see NEF for details) Docket No:33. Tue Mar 19 13:48:29 CDT 2019 (crt) (Entered: 03/19/2019)
2019-03-1934PLAINTIFFS' BRIEF and RESPONSE TO DEFENDANT(S) RESPONSE TO PLAINTIFF'S OBJECTIONS TO DEFENDANT'S 12(b)(1) MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION; 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND RESPONSE TO PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' AFFIDAVIT filed by Tabrenia Manning. (tln) (Entered: 03/19/2019)
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