Texas Northern District Court
Judge:James Wesley Hendrix
Case #: 1:21-cv-00074
Nature of Suit380 Torts - Personal Property - Other Personal Property Damage
Cause28:2201 Injunction
Case Filed:Apr 16, 2021
Terminated:Oct 01, 2021
Last checked: Wednesday Oct 13, 2021 4:12 AM CDT
Counter Claimant
Rahul Malhotra
Represented By
Richard W Espey
Espey & Associates PC
contact info
Russell Henry Lorfing
Lorfing Law Firm, PLLC
contact info
Counter Defendant
Jon Hanna
Represented By
Coyt Randal Johnston, Jr
Johnston Tobey Baruch PC
contact info
C Randal Johnston
Johnston Tobey Baruch PC
contact info
Robert L Tobey
Johnston Tobey Baruch PC
contact info
Charles E Baruch
Johnston Tobey Baruch, P.C.
contact info
Counter Defendant
Hanna Law Firm PC
Represented By
Coyt Randal Johnston, Jr
Johnston Tobey Baruch PC
contact info
C Randal Johnston
Johnston Tobey Baruch PC
contact info
Robert L Tobey
Johnston Tobey Baruch PC
contact info
Charles E Baruch
Johnston Tobey Baruch, P.C.
contact info
Defendant
Rahul Malhotra
Represented By
Richard W Espey
Espey & Associates PC
contact info
Russell Henry Lorfing
Lorfing Law Firm, PLLC
contact info
Mediator
Frank E Murchison
P.O. Box 98600
Lubbock, TX 79499
Plaintiff
Jon Hanna
Represented By
Coyt Randal Johnston, Jr
Johnston Tobey Baruch PC
contact info
C Randal Johnston
Johnston Tobey Baruch PC
contact info
Robert L Tobey
Johnston Tobey Baruch PC
contact info
Charles E Baruch
Johnston Tobey Baruch, P.C.
contact info
Plaintiff
Hanna Law Firm PC
Represented By
Coyt Randal Johnston, Jr
Johnston Tobey Baruch PC
contact info
C Randal Johnston
Johnston Tobey Baruch PC
contact info
Robert L Tobey
Johnston Tobey Baruch PC
contact info
Charles E Baruch
Johnston Tobey Baruch, P.C.
contact info


Docket last updated: 3 hours ago
Friday, October 01, 2021
40 40 1 pgs order Order of Dismissal or Administrative Closure ~Util - Terminate Motions Fri 10/01 3:39 PM
ORDER OF DISMISSAL. Before the Court is the parties' Agreed Motion to Dismiss39 . The motion is granted. It is ordered that all claims asserted by the parties to this case are dismissed with prejudice, and the Clerk of Court is directed to close this case. The parties shall each bear their own costs and attorneys' fees. (Ordered by Judge James Wesley Hendrix on 10/1/2021) (amg)
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Wednesday, September 29, 2021
39 39 motion Dismiss Wed 09/29 2:08 PM
Agreed MOTION to Dismiss filed by Jon Hanna, Hanna Law Firm PC (Tobey, Robert)
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Att: 1 Proposed Order Agreed Order to Dismiss
Tuesday, September 21, 2021
38 38 misc Status Report Tue 09/21 4:48 PM
Fourth STATUS REPORT Joint Advisory to the Court filed by Rahul Malhotra. (Espey, Richard)
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Friday, September 03, 2021
37 37 misc Status Report Fri 09/03 3:05 PM
Third STATUS REPORT Joint Advisory to the Court filed by Rahul Malhotra. (Espey, Richard)
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Thursday, August 12, 2021
36 36 3 pgs misc Status Report Thu 08/12 4:12 PM
Second STATUS REPORT Joint Advisory to the Court filed by Rahul Malhotra. (Espey, Richard)
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Monday, August 02, 2021
35 35 3 pgs misc Status Report Mon 08/02 12:36 PM
Joint STATUS REPORT Advisory to the Court filed by Rahul Malhotra. (Espey, Richard)
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Friday, June 18, 2021
34 34 2 pgs adr ADR Summary Fri 06/18 3:42 PM
Alternative Dispute Resolution Summary filed by Frank E Murchison. Attorneys in Attendance: Robert Tobey; Rick Espey. Prv Fee: $ $25,120.00. Outcome of ADR: Settled in part, as a result of ADR. (Murchison, Frank)
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33 33 1 pgs order Order Setting Deadline/Hearing ~Util - Terminate Motions Fri 06/18 11:28 AM
ORDER GRANTING AGREED MOTION TO ABATE. Before the Court is the parties' Agreed Motion to Abate32 . The parties state that they have scheduled arbitration for this case that will conclude by July 30, 2021 and request that the Court abate the case through July 30, 2021. The Court grants the motion and abates the case through July 30, 2021. The parties are ordered to report the status of the arbitration by August 2, 2021. (Ordered by Judge James Wesley Hendrix on 6/18/2021) (amg)
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Thursday, June 17, 2021
32 32 2 pgs motion Stay Thu 06/17 4:04 PM
Agreed MOTION to Stay filed by Jon Hanna, Hanna Law Firm PC (Tobey, Robert)
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Att: 1 Proposed Order
Monday, June 14, 2021
31 31 1 pgs order Order ~Util - Terminate Motions ~Util - Modify Hearings/Deadlines (Full List) Mon 06/14 2:42 PM
ORDER DENYING MOTION FOR PRELIMINARY INJUCTION AS MOOT AND VACATING HEARING.The parties have notified the Court that they have reached a partial settlement that resolves the issues raised by the plaintiffs' Application for a Preliminary Injunction and that a preliminary-injunction hearing is not necessary. Thus, the Court denies the plaintiffs' Application for a Preliminary Injunction8 , as moot and vacates the preliminary injunction hearing set for June 15, 2021. The Clerk of Court is directed to terminate the plaintiffs' Application for a Preliminary Injunction. (Ordered by Judge James Wesley Hendrix on 6/14/2021) (amg)
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Wednesday, June 02, 2021
30 30 11 pgs cmp Amended Complaint Wed 06/02 4:02 PM
AMENDED COMPLAINT WITH JURY DEMAND for Declaratory Judgment, Temporary Restraining Order and Injunctive Relief against All Plaintiffs filed by Jon Hanna, Hanna Law Firm PC. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Tobey, Robert)
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29 29 5 pgs answer Answer to Counterclaim Wed 06/02 3:53 PM
ANSWER to Counterclaim filed by Jon Hanna, Hanna Law Firm PC. Related document:28 Answer to Complaint,,, Counterclaim,, (Tobey, Robert)
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Thursday, May 13, 2021
28 28 18 pgs answer Answer to Complaint Counterclaim Thu 05/13 4:29 PM
DEFENDANTS ORIGINAL ANSWER to1 Complaint with Jury Demand filed by Rahul Malhotra. 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:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against All Plaintiffs filed by Rahul Malhotra (Espey, Richard)
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Thursday, May 06, 2021
27 27 1 pgs order Order Setting Deadline/Hearing Thu 05/06 2:59 PM
ORDER RESETTING PRELIMINARY INJUNCTION HEARING. The parties have notified the Court that they have reached an interim agreement that temporarily resolves the issues raised by the Plaintiffs' Application for a Preliminary Injunction26 . Accordingly, they request the Court to reset the preliminary injunction hearing to a date between June 10, 2021 and July 5, 2021. The Court grants the request. The preliminary injunction hearing set for May 7, 2021 is vacated. The Court further orders that the Preliminary Injunction Hearing is RESET for 6/15/2021 at 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 5/6/2021) (amg)
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Wednesday, May 05, 2021
26 26 2 pgs misc Status Report Wed 05/05 5:57 PM
Joint STATUS REPORT Regarding Hearing on Plaintiffs Application for Preliminary Injunction filed by Jon Hanna, Hanna Law Firm PC. (Tobey, Robert)
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25 25 trial Witness List Wed 05/05 1:13 PM
Witness List by Jon Hanna, Hanna Law Firm PC. (amg)
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24 24 trial Exhibit List Wed 05/05 1:13 PM
Exhibit List by Jon Hanna, Hanna Law Firm PC. (amg)
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23 23 1 pgs order Order on Motion for Leave to File Wed 05/05 1:12 PM
ORDER GRANTING PLAINTIFF's MOTION FOR LEAVE to File Out of Time Witness and Exhibit Lists21 . Before the Court is the plaintiffs' Motion for Leave to File Out of Time Witness and Exhibit Lists. The Court grants the motion. The Clerk of Court is directed to file the plaintiffs' Witness List and Exhibit List, which are attached to its motion for leave as Dkt. Nos. 2l-7 and 27-2, in the official record of this case. (Ordered by Judge James Wesley Hendrix on 5/5/2021) (amg)
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22 22 5 pgs respm Response/Objection Wed 05/05 10:35 AM
RESPONSE AND OBJECTION filed by Rahul Malhotra re:21 MOTION for Leave to File OUT OF TIME WITNESS AND EXHIBIT LISTS AND SUPPORTING BRIEF (Espey, Richard)
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Tuesday, May 04, 2021
21 21 3 pgs motion Leave to File Tue 05/04 3:25 PM
MOTION for Leave to File OUT OF TIME WITNESS AND EXHIBIT LISTS AND SUPPORTING BRIEF filed by Jon Hanna, Hanna Law Firm PC with Brief/Memorandum in Support. (Tobey, Robert)
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Att: 1 2 pgs Plaintiffs' Witness List,
Att: 2 3 pgs Plaintiffs' Exhibit List
Monday, May 03, 2021
20 20 9 pgs respm Reply Mon 05/03 5:14 PM
REPLY filed by Jon Hanna, Hanna Law Firm PC re:8 MOTION for a Preliminary Injunction (Tobey, Robert)
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19 19 1 pgs order Order And Notice of Deficiency Mon 05/03 3:22 PM
NOTICE OF DEFICIENCY. In its order setting a hearing for the plaintiffs' application for a preliminary injunction, the Court ordered the parties to file a witness list and an exhibit list-and to deliver a set of marked exhibits to the Lubbock Division's Clerk's Office-by April 30,202112 . The plaintiffs have not filed an exhibit list or a witness list, and they have not delivered a set of marked exhibits. Accordingly, the Court orders the plaintiffs to file a motion for leave to file their out-of-time list of witnesses who may be called in their cases in chief and list of exhibits, including demonstrative exhibits, by May 4,2021 at 5:00 p.m. Theexhibit and witness lists shal1 be attached to the motion for leave. Additionally, the Court orders the plaintiffs to deliver a set of marked exhibits that they intend to offer at the preliminary-injunction hearing to the Lubbock Division's Clerk's Office, marked to the attention of Judge Hendrix's chambers, by May 4, 2021 at 5:00 p.m. (Ordered by Judge James Wesley Hendrix on 5/3/2021) (amg)
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Friday, April 30, 2021
18 18 3 pgs trial Witness List Fri 04/30 5:33 PM
Witness List by Rahul Malhotra. (Espey, Richard)
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17 17 3 pgs trial Exhibit List Fri 04/30 4:22 PM
Exhibit List by Rahul Malhotra. (Espey, Richard)
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Wednesday, April 28, 2021
16 16 2 pgs misc Certificate Of Interested Persons/Disclosure Statement Wed 04/28 5:29 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rahul Malhotra. (Espey, Richard)
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15 15 19 pgs respm Brief/Memorandum In Support Wed 04/28 5:29 PM
Brief/Memorandum in Support filed by Rahul Malhotra re8 MOTION for a Preliminary Injunction (Espey, Richard)
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Att: 1 37 pgs Exhibit(s) Appendix
Friday, April 23, 2021
14 14 2 pgs misc Status Report Fri 04/23 11:10 AM
STATUS REPORT TO THE COURT ON SERVICE OF PROCESS AND PROOF OF SERVICE OF COURT ORDERS (Dkt. Nos. 11 and 12) filed by Jon Hanna, Hanna Law Firm PC. (Tobey, Robert)
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Att: 1 7 pgs Exhibit(s),
Att: 2 Exhibit(s),
Att: 3 Exhibit(s),
Att: 4 Exhibit(s)
Thursday, April 22, 2021
13 13 service Summons Returned Thu 04/22 4:35 PM
SUMMONS Returned Executed as to Rahul Malhotra ; served on 4/22/2021. (Tobey, Robert)
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Wednesday, April 21, 2021
12 12 2 pgs order Order Setting Deadline/Hearing Wed 04/21 4:49 PM
ORDER. Before the Court is Plaintiffs' Application for Preliminary Injunction8 . To facilitate quick resolution of the application, the Court orders the defendant to file a response to the application by April 28, 2021. The Court further orders that the plaintiffs' reply is due by May 3, 2021. Additionally, the Court orders that a hearing on the application is set for 5/7/2021 at 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. Federal Rule of Civil Procedure 65(a)(1) states that a "court may issue a preliminary injunction only on notice to the adverse party." And Federal Rule of Civil Procedure 6(cX1) requires that "[a] written motion and notice of the hearing must be served at least 14 days before the time specified for the hearing. " To ensure that the defendant receives the notice that he is entitled to under the Federal Rules of Civil Procedure, the Court orders the plaintiffs to serve this order on the defendant and file proof of service by April 23, 2021. See Order for additional deadlines and instructions. (Ordered by Judge James Wesley Hendrix on 4/21/2021) (amg)
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11 11 2 pgs order Order Setting Deadline/Hearing Wed 04/21 3:23 PM
ORDER. Before the Court is Plaintiffs' Application for Preliminary Injunction8 . The Court notes that the defendant has not made an appearance in this case and that the plaintiffs have not filed proof that the defendant has been served with the complaint - such as an executed summons. The Court enters this order to confirm proper service and to ensure the defendant's opportunity to respond to the application. Accordingly, if they have not already done so, the Court orders the plaintiffs to serve their application, Dkt. No. 8, brief, Dkt. No. 9, and appendix, Dkt. No. 10, on the defendant by April 23, 2021. The Court also orders the plaintiffs to file proof that they have served the application, brief and appendix by April 23, 2021. Finally, the Court orders the plaintiffs to report as to the status of the service of the summons by April 23, 2021. (Ordered by Judge James Wesley Hendrix on 4/21/2021) (amg)
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Tuesday, April 20, 2021
10 10 187 pgs respm Appendix in Support Tue 04/20 3:25 PM
Appendix in Support filed by Jon Hanna, Hanna Law Firm, P.C. re8 MOTION for Injunction (Tobey, Robert)
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9 9 9 pgs respm Brief/Memorandum In Support Tue 04/20 3:24 PM
Brief/Memorandum in Support filed by Jon Hanna, Hanna Law Firm, P.C. re8 MOTION for Injunction (Tobey, Robert)
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8 8 2 pgs motion Injunction Tue 04/20 3:22 PM
MOTION for a Preliminary Injunction filed by Jon Hanna, Hanna Law Firm PC. (Tobey, Robert) Docket text modified on 4/20/2021 (twd). (jak)
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Att: 1 (4/20/2021) Proposed Order
Friday, April 16, 2021
7 7 2 pgs order Order Fri 04/16 3:28 PM
ORDER. Before the Court is Plaintiffs' Original Complaint for Declaratory Judgment, Temporary Restraining Order, and Injunctive Relief1 . Relevant here, the plaintiffs "request a tempora1y restraining order immediately restraining Malhotra...from using [a] telephone number." The Court construes this as a request for an emergency temporary restraining order to issue without prior notice to the defendant. The Court denies the motion without prejudice because the plaintiffs have failed to satisfy the prerequisites for such an order. The denial of the TRO application does not suggest a view on the merits of the plaintiffs' pending preliminary-injunction application.To facilitate resolution of the application, the Court orders the plaintiffs to file a separate motion for a preliminary injunction and brief in support. The Court will either set the motion for a hearing or resolve the motion once briefing is complete. If they believe good cause exists, the plaintiffs may move for expedited briefing. (Ordered by Judge James Wesley Hendrix on 4/16/2021) (amg)
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6 6 3 pgs misc Additional Attachments to Main Document Fri 04/16 1:59 PM
ADDITIONAL ATTACHMENTS to1 Complaint, Exhibit E by Plaintiff Jon Hanna. Thumb drive received from Plaintiff, Federal Express (Tracking No. 7734 7013 1910) to JWH chambers. (amg)
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5 5 service Summons Issued Fri 04/16 1:36 PM
Summons Issued as to Rahul Malhotra. (amg)
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4 4 qcref Hendrix Fri 04/16 1:35 PM
New Case Notes: A filing fee has been paid. (amg)
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3 3 2 pgs misc Supplemental Document Fri 04/16 9:58 AM
Supplemental Document by Jon Hanna, Hanna Law Firm, P.C. as to1 Complaint,,,, Civil Cover Sheet . (Tobey, Robert)
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2 2 2 pgs misc Certificate Of Interested Persons/Disclosure Statement Fri 04/16 9:53 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jon Hanna, Hanna Law Firm, P.C.. (Tobey, Robert)
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1 1 11 pgs cmp Complaint Fri 04/16 9:48 AM
COMPLAINT WITH JURY DEMAND against Rahul Malhotra filed by Jon Hanna, Hanna Law Firm, P.C.. (Filing fee $402; receipt number 0539-11804706) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific 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, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Tobey, Robert) Modified to add receipt number on 4/16/2021 (amg)
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Att: 1 186 pgs Affidavit(s),
Att: 2 Proposed Order