Concordia University Texas v. The Lutheran Church - Missouri Synod et al

Texas Western District Court
Judge:	David A Ezra
Case #:	1:24-cv-00176
Nature of Suit	290 Real Property - All Other Real Property
Cause	28:1441 Petition for Removal- Declaratory Judgemen

Case Filed:	Feb 21, 2024
Terminated:	Feb 03, 2025

Last checked: Monday Aug 19, 2024 3:50 AM CDT

Defendant The Lutheran Church - Missouri Synod	Represented By Andrew F. MacRae Macrae Law Firm PLLC contact info Gregg R. Kronenberger Kronenberger Law Firm, PLLC contact info Steven C. Levatino Levatinopace LLP contact info
Plaintiff Concordia University Texas	Represented By Clark Willis Richards Richards Rodriguez & Skeith LLP contact info Daniel R. Richards Richards Rodriguez & Skeith LLP contact info Albert A. Carrion, Jr. Richards Rodriguez & Skeith LLP contact info

GPO Feb 03 2025
nr)ORDER ADOPTING REPORT AND RECOMMENDATION. For the reasons above, the Court ADOPTS U.S. Magistrate Judge Dustin Howell's Report and Recommendation in full as the opinion of this Court (Dkt. # 52 ) (2023 case). Defendants Concordia University Texas, Donald Christian, and Christopher Bannwolf's Motion to Dismiss in case 1:23-cv-1042-DAE (Dkt. # 13 ) is GRANTED WITHOUT PREJUDICE. Plaintiff Concordia University Texas's Motion to Remand in related case 1:24-cv-176-DAE (Dkt. #5) is GRANTED. Further, the Court REMANDS this case to the 353rd District Court of Travis County, Texas for lack of subject-matter jurisdiction. The Clerk is INSTRUCTED to close both cases. Signed by Judge David A. Ezra. (c

Docket last updated: 1 hours ago

Thursday, February 13, 2025
42		42 misc Certified Mail Receipt Wed 02/19 5:10 PM Acknowledgment of Receipt by Travis County District Clerk of40 Order Adopting Report and Recommendations. (dm) Related: [-]
Tuesday, February 04, 2025
41		41 notice Notice Tue 02/04 2:47 PM Certified Copy of40 Order and Docket Sheet mailed to Travis County District Clerk. (cnr) Related: [-]
Monday, February 03, 2025
40		40 23 pgs order Order Adopting/Rejecting Report and Recommendations Mon 02/03 4:03 PM ORDER ADOPTING REPORT AND RECOMMENDATION. For the reasons above, the Court ADOPTS U.S. Magistrate Judge Dustin Howell's Report and Recommendation in full as the opinion of this Court (Dkt. # 52 ) (2023 case). Defendants Concordia University Texas, Donald Christian, and Christopher Bannwolf's Motion to Dismiss in case 1:23-cv-1042-DAE (Dkt. # 13 ) is GRANTED WITHOUT PREJUDICE . Plaintiff Concordia University Texas's Motion to Remand in related case 1:24-cv-176-DAE (Dkt. #5 ) is GRANTED . Further, the Court REMANDS this case to the 353rd District Court of Travis County, Texas for lack of subject-matter jurisdiction. The Clerk is INSTRUCTED to close both cases. Signed by Judge David A. Ezra. (cnr) Related: [-]
Monday, January 27, 2025
39		39 respm Reply to Response to Motion Mon 01/27 10:34 AM REPLY to Response to Motion, filed by Concordia University Texas, re36 MOTION for Attorney Fees filed by Plaintiff Concordia University Texas (Richards, Daniel) Related: [-]
Tuesday, January 21, 2025
38		38 respm Response in Opposition to Motion Tue 01/21 5:02 PM Response in Opposition to Motion, filed by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation), re36 MOTION for Attorney Fees filed by Plaintiff Concordia University Texas (MacRae, Andrew) Related: [-]
Wednesday, January 15, 2025
37		37 misc Supplemental Memorandum Wed 01/15 3:55 PM SUPPLEMENTAL MEMORANDUM to34 Objection to Report and Recommendations by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation). (MacRae, Andrew) Related: [-]
Wednesday, January 08, 2025
36		36 motion Attorney Fees Wed 01/08 3:29 PM MOTION for Attorney Fees by Concordia University Texas.(Richards, Daniel) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Proposed Order
35		35 misc Response Wed 01/08 3:26 PM RESPONSE to34 Objection to Report and Recommendations by Concordia University Texas. (Richards, Daniel) Related: [-]
Thursday, January 02, 2025
34		34 respoth Objection to Report and Recommendations Thu 01/02 3:13 PM OBJECTION to29 Report and Recommendations by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation).. (dm) Related: [-]
		order Order on Motion for Leave to File Excess Pages Thu 01/02 10:20 AM Text Order GRANTING33 Motion for Leave to File Excess Pages. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KClc) Related: [-]
Friday, December 20, 2024
33		33 motion Leave to Exceed Page Limitation Fri 12/20 5:51 PM Unopposed MOTION for Leave to Exceed Page Limitation by The Lutheran Church - Missouri Synod(an unincorporated association of Lutheran Congregations).(Levatino, Steven) Related: [-]
		Att: 1 Brief LCMS's Objections to the Matgistrate's Report and Recommendation,
		Att: 2 Proposed Order Orde Granting Motion to Exceed Page Limit
Friday, November 22, 2024
32		32 2 pgs order Order on Motion for Extension of Time to File Fri 11/22 3:08 PM ORDER GRANTING30 Motion for Extension of Time to File. IT IS THEREFORE ORDERED that LCMS has until December 20, 2024 to file its objection to ask the district court to reconsider the Magistrate Judge's November 20, 2024 Report and Recommendation and the other parties have until January 13, 2025 to file a response. Signed by Judge David A. Ezra. (cnr) Related: [-]
Thursday, November 21, 2024
31		31 misc Advisory to the Court Thu 11/21 11:15 AM ADVISORY TO THE COURT by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation) . (MacRae, Andrew) Related: [-]
30		30 motion Extension of Time to File Document Thu 11/21 11:06 AM Unopposed MOTION for Extension of Time to File Objection to Magistrate Judge Report and Recommendation by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation).(MacRae, Andrew) Related: [-]
		Att: 1 Proposed Order
Wednesday, November 20, 2024
29		29 misc Report and Recommendations Wed 11/20 4:41 PM REPORT AND RECOMMENDATIONS re5 Motion to Remand to State Court filed by Concordia University Texas. Signed by Judge Dustin M. Howell. (dm) Related: [-]
		utility Motions No Longer Referred Mon 02/03 3:59 PM Motions No Longer Referred:5 MOTION to Remand to State Court . (cnr) Related: [-]
Thursday, November 14, 2024
28		28 minutes Motion Hearing Thu 11/14 4:41 PM Minute Entry for proceedings held before Judge Dustin M. Howell: Motion Hearing held on 11/14/2024 re23 MOTION for Confidentiality/Protective Order filed by Concordia University Texas,5 MOTION to Remand to State Court filed by Concordia University Texas. Testimony Heard, Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter FTR Gold - ERO.)(dm) Related: [-]
Friday, November 01, 2024
27		27 respm Response in Opposition to Motion Fri 11/01 11:43 AM Response in Opposition to Motion, filed by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation), re23 MOTION for Confidentiality/Protective Order filed by Plaintiff Concordia University Texas(MacRae, Andrew) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit
Wednesday, October 23, 2024
26		26 2 pgs order Order ~Util - Set Hearings Thu 10/24 11:11 AM ORDER, ( Hearing set for 11/14/2024 at 2:00 PM before Judge Dustin M. Howell,). Signed by Judge Dustin M. Howell. (dm) Related: [-]
Wednesday, October 16, 2024
25		25 respm Reply to Response to Motion Wed 10/16 3:11 PM REPLY to Response to Motion, filed by Concordia University Texas, re23 MOTION for Confidentiality/Protective Order filed by Plaintiff Concordia University Texas(Richards, Daniel) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit
Thursday, September 19, 2024
24		24 motion Extension of Time to File Response/Reply Thu 09/19 11:14 AM Unopposed MOTION for Extension of Time to File Response/Reply as to23 MOTION for Confidentiality/Protective Order by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation).(MacRae, Andrew) Related: [-]
		Att: 1 Proposed Order
		order Order on Motion for Extension of Time to File Response/Reply Thu 09/19 11:28 AM Text Order REFERRING24 Motion for Extension of Time to File Response/Reply re24 Unopposed MOTION for Extension of Time to File Response/Reply as to23 MOTION for Confidentiality/Protective Order to United States Magistrate Judge Dustin M. Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KClc) Related: [-]
		utility Motions Referred Thu 09/19 3:36 PM MOTION REFERRED: referred24 Unopposed MOTION for Extension of Time to File Response/Reply as to23 MOTION for Confidentiality/Protective Order . Referral Judge: Dustin M. Howell. (dm) Related: [-]
		order Order on Motion for Extension of Time to File Response/Reply Thu 09/19 4:52 PM Text Order GRANTING24 Plaintiff's Unopposed Motion for Extension of Time re23 . Plaintiff shall respond to the Motion for Confidentiality/Protective Order, Dkt. 23, on or before October 11, 2024. Entered by Judge Dustin M. Howell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nblc) Related: [-]
Wednesday, September 18, 2024
		order Order on Motion for Protective Order Wed 09/18 8:39 AM Text Order REFERRING23 Motion for Protective Order to United States Magistrate Judge Dustin M. Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KClc) Related: [-]
		utility Motions Referred Wed 09/18 11:48 AM MOTION REFERRED: referred23 MOTION for Confidentiality/Protective Order. Referral Judge: Dustin M. Howell. (dm) Related: [-]
Tuesday, September 17, 2024
23		23 motion Protective Order Tue 09/17 4:50 PM MOTION for Confidentiality/Protective Order by Concordia University Texas.(dm) Related: [-]
		Att: 1 Exhibits
Monday, September 16, 2024
		order Order on Motion for Leave to File Excess Pages Mon 09/16 5:00 PM Text Order GRANTING22 Unopposed Motion for Leave to File Excess Pages entered by Judge Dustin M. Howell. Defendant's Motion for Protective Order shall not exceed 22 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nblc) Related: [-]
Friday, September 13, 2024
		order Order on Motion for Leave to File Excess Pages Fri 09/13 8:16 AM Text Order REFERRING22 Motion for Leave to File Excess Pages to U.S. Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KClc) Related: [-]
		utility Motions Referred Fri 09/13 10:33 AM MOTION REFERRED: referred22 Unopposed MOTION for Leave to Exceed Page Limitation . Referral Judge: Dustin M. Howell. (dm) Related: [-]
Thursday, September 12, 2024
22		22 motion Leave to Exceed Page Limitation Thu 09/12 2:20 PM Unopposed MOTION for Leave to Exceed Page Limitation by Concordia University Texas.(Richards, Daniel) Related: [-]
		Att: 1 Motion for Protective Order,
		Att: 2 Exhibit 1,
		Att: 3 Exhibit 2,
		Att: 4 Exhibit 3,
		Att: 5 Exhibit 4,
		Att: 6 Exhibit 5,
		Att: 7 Exhibit 6,
		Att: 8 Exhibit 7,
		Att: 9 Exhibit 8,
		Att: 10 Exhibit 9,
		Att: 11 Exhibit 10,
		Att: 12 Proposed Order Protective Order,
		Att: 13 Proposed Order Order on Motion for Leave
Friday, August 23, 2024
21		21 1 pgs misc Non-Consent to Trial by US Magistrate Judge Fri 08/23 3:17 PM NON-CONSENT to Trial by US Magistrate Judge by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation). (MacRae, Andrew) Related: [-]
20		20 adr ADR Report - Other Fri 08/23 11:05 AM ADR Report Filed - JOINT ADR REPORT by Concordia University Texas(Richards, Daniel) Related: [-]
19		19 2 pgs misc Non-Consent to Trial by US Magistrate Judge Fri 08/23 9:23 AM NON-CONSENT to Trial by US Magistrate Judge by Concordia University Texas. (Richards, Daniel) Related: [-]
Friday, August 09, 2024
18		18 1 pgs order Order Reassigning Case Fri 08/09 4:40 PM TRANSFER ORDER. Case reassigned to Judge David A. Ezra for all proceedings. Judge Robert Pitman no longer assigned to case. Signed by Judge Robert Pitman. (cnr) Related: [-]
Friday, June 14, 2024
17		17 respm Surreply to Motion Mon 06/17 4:37 PM Sur-reply to Motion, filed by The Lutheran Church - Missouri Synod(an unincorporated association of Lutheran Congregations), re5 MOTION to Remand to State Court filed by Plaintiff Concordia University Texas (dm) Related: [-]
		order Order on Motion for Leave to File Fri 06/14 4:56 PM Text Order GRANTING15 Motion for Leave to File entered by Judge Dustin M. Howell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DH) Related: [-]
Wednesday, June 12, 2024
		order Order on Motion to Remand to State Court Wed 06/12 3:40 PM Text Order REFERRING5 Motion to Remand to State Court entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's motion to remand is REFERRED to United States Magistrate Judge Dustin Howell for a report and recommendation pursuant to 28 U.S.C. � 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) Related: [-]
		order Order on Motion for Leave to File Wed 06/12 3:42 PM Text Order REFERRING15 Motion for Leave to File entered by Judge Robert Pitman. IT IS ORDERED that Defendant's motion for leave to file sur-reply is REFERRED to United States Magistrate Judge Dustin Howell for disposition pursuant to 28 U.S.C. � 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) Related: [-]
		utility Motions Referred Thu 06/13 11:17 AM MOTION REFERRED: referred5 MOTION to Remand to State Court ,15 Opposed MOTION for Leave to File Sur-Reply to Motion to Remand . Referral Judge: Dustin M. Howell. (dm) Related: [-]
Tuesday, June 04, 2024
16		16 respm Response in Opposition to Motion Tue 06/04 4:09 PM Response in Opposition to Motion, filed by Concordia University Texas, re15 Opposed MOTION for Leave to File Sur-Reply to Motion to Remand filed by Defendant The Lutheran Church - Missouri Synod(Richards, Daniel) Related: [-]
		Att: 1 Exhibit A
Friday, May 31, 2024
15		15 motion Leave to File Document Fri 05/31 4:40 PM Opposed MOTION for Leave to File Sur-Reply to Motion to Remand by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation). (MacRae, Andrew) Related: [-]
14		14 misc Rule 26(f) Discovery Report/Case Management Plan Fri 05/31 8:43 AM Rule 26(f) Discovery Report/Case Management Plan by The Lutheran Church - Missouri Synod(a Missouri non-profit corporation). (MacRae, Andrew) Related: [-]
Friday, May 24, 2024
13		13 respm Reply to Response to Motion Tue 05/28 11:07 AM REPLY in Support of Motion, filed by Concordia University Texas, re5 MOTION to Remand to State Court filed by Plaintiff Concordia University Texas (dm) Related: [-]
		order Order on Motion for Leave to File Excess Pages Fri 05/24 10:15 AM Text Order GRANTING12 Unopposed Motion for Leave to File Excess Pages entered by Judge Robert Pitman. In light of the lack of opposition and for good cause shown, IT IS ORDERED that Plaintiff's reply may be up to 15 pages. IT IS FURTHER ORDERED that the Clerk of Court shall file Plaintiff's reply, (Dkt. 12-1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmlc) Related: [-]
Thursday, May 23, 2024
12		12 motion Leave to Exceed Page Limitation Thu 05/23 11:44 AM Unopposed MOTION for Leave to Exceed Page Limitation by Concordia University Texas.(Richards, Daniel) Related: [-]
		Att: 1 Brief Reply iso Motions to Dismiss and Remand,
		Att: 2 Proposed Order
Wednesday, May 15, 2024
		order Order on Motion for Extension of Time to File Response/Reply Wed 05/15 9:10 AM Text Order GRANTING11 Motion for Extension of Time to File Reply entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff shall file its reply in support of its motion to remand on or before May 24, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) Related: [-]
Tuesday, May 14, 2024
11		11 motion Extension of Time to File Response/Reply Tue 05/14 12:53 PM Unopposed MOTION for Extension of Time to File Response/Reply as to5 MOTION to Remand to State Court ,10 Response in Opposition to Motion, by Concordia University Texas.(Richards, Daniel) Related: [-]
		Att: 1 Proposed Order
Friday, May 10, 2024
10		10 respm Response in Opposition to Motion Fri 05/10 6:00 PM Response in Opposition to Motion, filed by The Lutheran Church - Missouri Synod(an unincorporated association of Lutheran Congregations), The Lutheran Church - Missouri Synod(a Missouri non-profit corporation), re5 MOTION to Remand to State Court filed by Plaintiff Concordia University Texas(Levatino, Steven) Related: [-]
		Att: 1 Exhibit 1- Unworn Declaration of Rev. Sias,
		Att: 2 Exhibit 2- Constitution,
		Att: 3 Proposed Order Denying Motion to Remand
Monday, May 06, 2024
9		9 4 pgs order Scheduling Order Tue 05/07 9:09 AM SCHEDULING ORDER: Consent to Trial by Magistrate due by 8/26/2024, Jury Selection set for 9/8/2025 09:30AM before Judge Robert Pitman, Jury Trial set for 9/8/2025 09:30 AM before Judge Robert Pitman, ADR Report Deadline due by 8/26/2024, Amended Pleadings due by 9/27/2024, Discovery due by 4/1/2025, Joinder of Parties due by 9/27/2024, Dispositive Motions due by 5/1/2025. Signed by Judge Robert Pitman. (dm) Related: [-]
Wednesday, April 17, 2024
8		8 1 pgs order Order on Motion to Consolidate Cases Wed 04/17 3:25 PM ORDER GRANTING6 Motion to Consolidate Cases. Signed by Judge Robert Pitman. (dm) Related: [-]
Thursday, April 11, 2024
		order Order on Motion for Extension of Time to File Response/Reply Thu 04/11 9:31 AM Text Order GRANTING7 Motion for Extension of Time to File Response entered by Judge Robert Pitman. IT IS ORDERED that LCMS shall file its response to the motion to remand on or before May 10, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) Related: [-]
Wednesday, April 10, 2024
7		7 motion Extension of Time to File Response/Reply Wed 04/10 4:38 PM Unopposed MOTION for Extension of Time to File Response/Reply as to5 MOTION to Remand to State Court by The Lutheran Church - Missouri Synod(an unincorporated association of Lutheran Congregations).(MacRae, Andrew) Related: [-]
		Att: 1 Proposed Order
Wednesday, April 03, 2024
6		6 motion Consolidate Cases Wed 04/03 4:25 PM Unopposed MOTION to Consolidate Cases by Concordia University Texas.(Richards, Daniel) Related: [-]
		Att: 1 Proposed Order
5		5 motion Remand to State Court Wed 04/03 4:24 PM MOTION to Remand to State Court by Concordia University Texas.(Richards, Daniel) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5,
		Att: 6 Exhibit 6,
		Att: 7 Exhibit 7,
		Att: 8 Proposed Order
Tuesday, March 19, 2024
		order Order on Motion for Extension of Time to File Response/Reply Tue 03/19 9:25 AM Text Order GRANTING4 Motion for Extension of Time to File Response entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff may file a motion to remand on or before April 4, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc) Related: [-]
Monday, March 18, 2024
4		4 motion Extension of Time to File Response/Reply Mon 03/18 2:12 PM Unopposed MOTION for Extension of Time to File Response/Reply as to1 Notice of Removal, by Concordia University Texas.(Richards, Daniel) Related: [-]
		Att: 1 Proposed Order
Monday, February 26, 2024
3		3 misc Advisory to the Court Mon 02/26 5:11 PM ADVISORY TO THE COURT by The Lutheran Church - Missouri Synod(an unincorporated association of Lutheran Congregations) completing state court record . (MacRae, Andrew) Related: [-]
Thursday, February 22, 2024
2		2 1 pgs order Order Thu 02/22 3:43 PM ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman. (kp) Related: [-]
Wednesday, February 21, 2024
1		1 notice Notice of Removal Wed 02/21 4:16 PM NOTICE OF REMOVAL by Lutheran Church--Missouri Synod (Filing fee $405 receipt number ATXWDC-18443107), filed by Lutheran Church--Missouri Synod.(MacRae, Andrew) Related: [-]
		Att: 1 Appendix,
		Att: 2 Civil Cover Sheet,
		Att: 3 Supplement
		utility Case Assigned/Reassigned Thu 02/22 3:41 PM Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kp) Related: [-]
		misc To be Referred to AU Mag Judge Thu 02/22 3:42 PM If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Dustin Howell. (kp) Related: [-]

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