Ellington v. Daugherty

Adversary Proceeding
Lead BK case is: 3:19-bk-34054

Texas Northern Bankruptcy Court
Chapter 11
Judge:Stacey G Jernigan
Case #: 3:22-ap-03003
Nature of Suit1 null
Case Filed:Jan 18, 2022
Terminated:Apr 11, 2022
Last checked: never
Defendant
Patrick Daugherty
Represented By
Jason S. Brookner
Gray Reed & Mcgraw LLP
contact info
Plaintiff
Scott Byron Ellington
Represented By
Jason S. Brookner
Gray Reed & Mcgraw LLP
contact info


Docket last updated: 5 hours ago
Wednesday, April 13, 2022
35 35 court BNC certificate of mailing - PDF document Wed 04/13 11:15 PM
BNC certificate of mailing - PDF document. Related [+] No. of Notices: 0. Notice Date 04/13/2022. (Admin.)
Related: [-] 33 Order granting emergency motion to abstain and to remand to the 101st Judicial District Court in Dallas County, Texas. (related document3 ) Entered on 4/11/2022.
Monday, April 11, 2022
34 34 court Notice of remand Mon 04/11 4:41 PM
Notice of remand (Okafor, Marcey)
Related: [-]
33 33 order Remand Mon 04/11 4:00 PM
Order granting emergency motion to abstain and to remand to the 101st Judicial District Court in Dallas County, Texas. Related [+] Entered on 4/11/2022. (Okafor, Marcey)
Related: [-] 3
court Close adversary case Mon 04/11 4:49 PM
Adversary case 3:22-ap-3003 closed Pursuant to LBR 9070-1, any exhibits that were admitted by the Court may be claimed and removed from the Clerks Office during the 60-day period following final disposition of a case by the attorney or party who introduced the exhibits. Any exhibit not removed within the 60-day period may be destroyed or otherwise disposed of by the Bankruptcy Clerk. (Okafor, Marcey)
Related: [-]
Thursday, April 07, 2022
32 32 audio Thu 04/07 10:10 AM
PDF with attached Audio File. Court Date & Time [03/29/2022 10:02:59 AM]. File Size [ 14852 KB ]. Run Time [ 01:03:28 ]. (admin)
Related: [-]
Wednesday, March 30, 2022
31 31 court BNC certificate of mailing - PDF document Wed 03/30 11:15 PM
BNC certificate of mailing - PDF document. Related [+] No. of Notices: 0. Notice Date 03/30/2022. (Admin.)
Related: [-] 24 Order granting motion to seal documents (related document17 ) Entered on 3/28/2022.
30 30 court Transcript Wed 03/30 2:13 PM
Transcript regarding Hearing Held 03/29/2022 (35 pages) RE: Motion to Abstain and Remand3 . THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS 06/28/2022. Until that time the transcript may be viewed at the Clerk's Office or a copy may be obtained from the official court transcriber. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Related [+]. Transcript to be made available to the public on 06/28/2022.
Related: [-] 27 Hearing held on 3/29/2022. (RE: related document(s)3 Emergency Motion for remand, filed by Plaintiff Scott Byron Ellington.) (Appearances: F. Smith and M. Hartmann for S. Ellington; D. York and J. Brookner for P. Daugherty; G. Demo for Reorganized Debtor. Evidentiary hearing. Motion granted, for reasons stated orally. Movants counsel to upload order.)hling, Kathy
Tuesday, March 29, 2022
29 29 court Court admitted exhibits Wed 03/30 8:02 AM
Court admitted exhibits date of hearing March 29, 2022 Related [+]
Related: [-] 3 Emergency Motion for remand / filed by Plaintiff Scott Byron Ellington (COURT ADMITTED ELLINGTON EXHIBITS #1, #2, #3, #4 & #5, OFFERED BY FRANCES A. SMITH & DAUGHERTY EXHIBITS #10, #13, #14, #15, #16 & #17, OFFERED BY ANDREW K. YORK), (Edmond, Michael
28 28 court Request for transcript Tue 03/29 4:44 PM
Request for transcript regarding a hearing held on 3/29/2022. The requested turn-around time is hourly. (Edmond, Michael)
Related: [-]
27 27 court Hearing held Tue 03/29 2:55 PM
Hearing held on 3/29/2022. Related [+] (Appearances: F. Smith and M. Hartmann for S. Ellington; D. York and J. Brookner for P. Daugherty; G. Demo for Reorganized Debtor. Evidentiary hearing. Motion granted, for reasons stated orally. Movants counsel to upload order.) (Edmond, Michael)
Related: [-] 3 Emergency Motion for remand, filed by Plaintiff Scott Byron Ellington.
26 26 misc Sealed document per court order Tue 03/29 9:08 AM
SEALED document regarding: Appendix to Patrick Daugherty's Brief in Support of Response to Scott Ellington's Emergency Motion to Abstain and to Remand per court order filed by Defendant Patrick Daugherty Related [+]. (Brookner, Jason)
Related: [-] 24 Order on motion to seal
25 25 misc Sealed document per court order Tue 03/29 9:05 AM
SEALED document regarding: Patrick Daugherty's Brief in Support of Response to Scott Ellington's Emergency Motion to Abstain and to Remand per court order filed by Defendant Patrick Daugherty Related [+]. (Brookner, Jason)
Related: [-] 24 Order on motion to seal
Monday, March 28, 2022
24 24 order Seal Mon 03/28 5:03 PM
Order granting motion to seal documents Related [+] Entered on 3/28/2022. (Okafor, Marcey)
Related: [-] 17
Friday, March 25, 2022
23 23 misc List (witness/exhibit/generic) Fri 03/25 10:34 PM
Witness and Exhibit List filed by Defendant Patrick Daugherty Related [+]. (Brookner, Jason)
Related: [-] 3 Emergency Motion for remand
Att: 1 Exhibit PD-1 York Declaration
Att: 2 Exhibit PD-2 Escrow Agreement
Att: 3 Exhibit PD-3 Pretrial Brief
Att: 4 Exhibit PD-4 Request for Writ of Execution
Att: 5 Exhibit PD-5 Release of Judgment
Att: 6 Exhibit PD-6 Application for Writ of Garnishment
Att: 7 Exhibit PD-7 Ltr to Abrams Bayliss
Att: 8 Exhibit PD-8 Ltr fr Abrams Bayliss
Att: 9 Exhibit PD-9 DE Verified Complaint
Att: 10 Exhibit PD-10 Ellington Screenshot
Att: 11 Exhibit PD-11 Brauerman Ltr
Att: 12 Exhibit PD-12 Uebler Ltr
Att: 13 Exhibit PD-13 Ellington Petition
Att: 14 Exhibit PD-14 Hurst Litigation Hold Ltr
Att: 15 Exhibit PD-15 Hartman Ltr to Morris
Att: 16 Exhibit PD-16 March State Court Docket
Att: 17 Exhibit PD-17 April State Court Docket
22 22 misc List (witness/exhibit/generic) Fri 03/25 3:30 PM
Witness and Exhibit List filed by Plaintiff Scott Byron Ellington Related [+]. (Smith, Frances)
Related: [-] 3 Emergency Motion for remand
Att: 1 Exhibit SE-1 - Petition
Att: 2 Exhibit SE-2 - Temporary Restraining Order
Att: 3 Exhibit SE-3 - Screenshot
Att: 4 Exhibit SE-4 - Final Judgment
Att: 5 Exhibit SE-5 - Order Approving Settlement
21 21 answer Reply Fri 03/25 3:27 PM
Reply to Related [+] Scott Ellington's Reply in Support of Motion to Abstain and to Remand filed by Plaintiff Scott Byron Ellington. (Smith, Frances)
Related: [-] 14 Response filed by Defendant Patrick Daugherty
Wednesday, March 09, 2022
20 20 court Transcript Wed 03/09 4:37 PM
Transcript regarding Hearing Held 03/01/2022 (86 pages) RE: Status Conference. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS 06/7/2022. Until that time the transcript may be viewed at the Clerk's Office or a copy may be obtained from the official court transcriber. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Related [+] (Appearances: D. York for P. Daugherty; D. Dandeneau for S. Ellington. Nonevidentiary discussion of deferring this hearing until 3/29/22 when motion for remand is set.)). Transcript to be made available to the public on 06/7/2022.
Related: [-] 18 Hearing held on 3/1/2022. (RE: related document(s)1 Adversary case 22-03003 Complaint by Scott Byron Ellington against Patrick Daugherty, # 1 Appendix to Notice of Removal # 2 Adversary Proceeding Cover Sheet). Nature(s) of suit: 01 (Determination of removed claim or cause). filed by Plaintiff Scott Byron Ellingtonhling, Kathy
Friday, March 04, 2022
19 19 audio Fri 03/04 8:35 AM
PDF with attached Audio File. Court Date & Time [03/01/2022 10:54:54 AM]. File Size [ 31405 KB ]. Run Time [ 02:17:04 ]. (admin)
Related: [-]
Tuesday, March 01, 2022
18 18 court Hearing held Wed 03/02 7:46 AM
Hearing held on 3/1/2022. Related [+]. Nature(s) of suit: 01 (Determination of removed claim or cause). filed by Plaintiff Scott Byron Ellington) (Appearances: D. York for P. Daugherty; D. Dandeneau for S. Ellington. Nonevidentiary discussion of deferring this hearing until 3/29/22 when motion for remand is set.) (Edmond, Michael)
Related: [-] 1 Adversary case 22-03003 Complaint by Scott Byron Ellington against Patrick Daugherty, # 1 Appendix to Notice of Removal # 2 Adversary Proceeding Cover Sheet
Wednesday, February 23, 2022
17 17 motion Seal Wed 02/23 4:57 PM
Motion to file document under seal. [Motion to File Unredacted Brief and Unredacted Appendix Under Seal] filed by Defendant Patrick Daugherty (Brookner, Jason)
Related: [-]
Att: 1 Proposed Order
16 16 misc Support/supplemental document Wed 02/23 4:51 PM
Support/supplemental document [Appendix to Brief in Support of Response to Scott Ellingtons Emergency Motion to Abstain to Remand] filed by Defendant Patrick Daugherty Related [+]. (Brookner, Jason)
Related: [-] 15 Brief
15 15 misc Brief Wed 02/23 4:48 PM
Brief in support filed by Defendant Patrick Daugherty Related [+]. (Brookner, Jason)
Related: [-] 14 Response
14 14 answer Response Wed 02/23 4:46 PM
Response opposed to Related [+] filed by Defendant Patrick Daugherty. (Brookner, Jason)
Related: [-] 3 Emergency Motion for remand filed by Plaintiff Scott Byron Ellington
Saturday, February 19, 2022
13 13 court BNC certificate of mailing - PDF document Sat 02/19 11:13 PM
BNC certificate of mailing - PDF document. Related [+] No. of Notices: 0. Notice Date 02/19/2022. (Admin.)
Related: [-] 12 Order granting Defendant's10 Motion for Extension of time to Respond to Plaintiff's Motion to Abstain and to Remand. IT IS THEREFORE ORDERED that Defendant shall file his Response to PlaintiffsMotion to Abstain and to Remand on or before February 23, 2022. Entered on 2/16/2022.
Wednesday, February 16, 2022
12 12 order Extend/Shorten time Wed 02/16 6:18 PM
Order granting Defendant's10 Motion for Extension of time to Respond to Plaintiff's Motion to Abstain and to Remand. IT IS THEREFORE ORDERED that Defendant shall file his Response to PlaintiffsMotion to Abstain and to Remand on or before February 23, 2022. Entered on 2/16/2022. (Okafor, Marcey)
Related: [-]
Tuesday, February 15, 2022
11 11 motion Set hearing Tue 02/15 2:24 PM
Emergency Motion to set hearin Related [+] filed by Defendant Patrick Daugherty (Brookner, Jason)
Related: [-] 10 Motion to extend/shorten time
Att: 1 Proposed Order
10 10 motion Extend/Shorten time Tue 02/15 2:20 PM
Motion to extend time to Respond to Plaintiff's Motion to Abstain and to Remand Related [+] filed by Defendant Patrick Daugherty (Brookner, Jason)
Related: [-] 3 Motion for remand
Att: 1 Proposed Order
Friday, February 04, 2022
9 9 court BNC certificate of mailing - PDF document Fri 02/04 11:15 PM
BNC certificate of mailing - PDF document. Related [+] No. of Notices: 0. Notice Date 02/04/2022. (Admin.)
Related: [-] 7 Order denying motion for setting and request for expedited hearing (Related Doc3 Motion for remand) Entered on 2/2/2022.
8 8 answer Answer to complaint Fri 02/04 5:07 PM
Answer to complaint (Plaintiff's State Court Petition) filed by Patrick Daugherty. (Brookner, Jason)
Related: [-]
Wednesday, February 02, 2022
7 7 order Expedite hearing Wed 02/02 11:56 AM
Order denying motion for setting and request for expedited hearing Related [+] Entered on 2/2/2022. (Okafor, Marcey)
Related: [-] #3 Motion for remand
Monday, January 31, 2022
6 6 notice Notice of hearing Mon 01/31 3:21 PM
Notice of hearing filed by Plaintiff Scott Byron Ellington Related [+]. Hearing to be held on 3/29/2022 at 01:30 PM at https://us-courts.webex.com/meet/jerniga for3 , (Smith, Frances)
Related: [-] 3 Motion for remand filed by Plaintiff Scott Byron Ellington
Tuesday, January 25, 2022
5 5 answer Response Tue 01/25 10:34 PM
Response opposed to Related [+] filed by Defendant Patrick Daugherty. (Brookner, Jason)
Related: [-] 4 Motion for expedited hearing(related documents3 Motion for remand) filed by Plaintiff Scott Byron Ellington
4 4 motion Expedite hearing Tue 01/25 4:48 PM
Motion for expedited hearin Related [+] filed by Plaintiff Scott Byron Ellington (Smith, Frances)
Related: [-] 3 Motion for remand
Att: 1 Proposed Order
3 3 motion Remand Tue 01/25 4:47 PM
Emergency Motion for remand filed by Plaintiff Scott Byron Ellington (Smith, Frances)
Related: [-]
Att: 1 Proposed Order
Tuesday, January 18, 2022
2 2 notice Notice of hearing Tue 01/18 6:13 PM
Notice of hearing [Notice of Status Conference] filed by Defendant Patrick Daugherty Related [+]. Hearing to be held on 3/1/2022 at 01:30 PM Dallas Judge Jernigan Ctrm for1 , Status Conference to be held on 3/1/2022 at 01:30 PM at https://us-courts.webex.com/meet/jerniga. (Brookner, Jason)
Related: [-] 1 Complaint filed by Plaintiff Scott Byron Ellington
1 1 cmp Complaint Tue 01/18 9:25 AM
Adversary case 22-03003 Complaint by Scott Byron Ellington against Patrick Daugherty. Fee Amount $350. Nature(s) of suit: 01 (Determination of removed claim or cause). (Brookner, Jason)
Related: [-]
Att: 1 Appendix to Notice of Removal
Att: 2 Adversary Proceeding Cover Sheet