Pinkston v. Smith et al
| Texas Eastern District Court | |
| Judge: | Amos L Mazzant |
| Case #: | 4:24-cv-01101 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1961 Racketeering (RICO) Act |
| Case Filed: | Dec 12, 2024 |
| Terminated: | Mar 10, 2025 |
| Last checked: Sunday Jan 26, 2025 2:54 AM CST |
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Defendant
Bank of America Corporation
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Represented By
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Defendant
Brent Gallow
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Defendant
Theresa Pinkston
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Defendant
Jeffrey Scott Smith
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Represented By
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Plaintiff
Chery Lyn Pinkston
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Represented By
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| Docket last updated: 05/13/2025 11:59 PM CDT |
| Monday, March 31, 2025 | ||
| 32 | 32
9
pgs
order
Protective Order
Mon 03/31 4:36 PM
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER. Signed by Chief District Judge Amos L Mazzant on 3/31/2025. (rpc) |
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| Wednesday, March 26, 2025 | ||
| 31 | 31
3
pgs
motion
Protective Order
Wed 03/26 8:04 AM
AGREED MOTION for Protective Order by Bank of America Corporation.(Figari, Grant) |
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Att: 1
Proposed Order
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| Monday, March 10, 2025 | ||
| 30 | 30
12
pgs
respm
Response to Motion
Mon 03/10 4:34 PM
RESPONSE re26 MOTION to Dismiss filed by Jeffrey Scott Smith . (Dortch, Timothy) |
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| 29 | 29
1
pgs
order
Order
Mon 03/10 12:21 PM
ORDER TRANSFERRING CASE. It is ORDERED that the Court hereby sua sponte TRANSFERS this case to the Tyler Division of the Eastern District of Texas. Signed by Chief District Judge Amos L Mazzant on 3/10/2025. (rpc) |
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transfer
Case Transferred Out - Divisional Transfer
Tue 03/11 10:31 AM
Intradistrict Transfer to Tyler (Case Number 6:25-cv-00080). (jmb) |
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| Friday, March 07, 2025 | ||
| 28 | 28
motion
Dismiss
Fri 03/07 11:31 AM
MOTION to Dismiss the Second Amended Petition in Intervention by Bank of America Corporation.(Figari, Grant) |
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Att: 1
Proposed Order
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| Thursday, March 06, 2025 | ||
| 27 | 27
8
pgs
respm
Response to Motion
Thu 03/06 4:48 PM
RESPONSE re20 EMERGENCY MOTION for Temporary Restraining Order filed by Chery Lyn Pinkston .(Luttrell, Allison) |
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Att: 1
Proposed Order,
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Att: 2
1 pgs
Exhibit Bill of Sale from Chris Duke to Chery Pinkston,
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Att: 3
Exhibit Bill of Sale from Chery Pinkston to Elaine Sloan,
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Att: 4
Exhibit Bill of Sale from Elaine Sloan to Chery Pinkston,
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Att: 5
Exhibit Order for Return of Property and Authorization for Sale of Property, Case No. FM24-00171,
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Att: 6
Exhibit Memorandum Opinion from Twelfth Court of Appeals District, Case No. 12 24-00185 CV,
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Att: 7
Exhibit Order Vacating Receivership, Case No. FM24-00171
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| Friday, February 28, 2025 | ||
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utility
Remark
Fri 02/28 9:11 AM
The Court hereby CANCELS the March 5, 2025 Scheduling Conference; the Court will enter a Scheduling Order. (No attachment) (tls) |
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| Wednesday, February 26, 2025 | ||
| 26 | 26
motion
Dismiss
Wed 02/26 4:58 PM
MOTION to Dismiss by Chery Lyn Pinkston.(Luttrell, Allison) |
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Att: 1
Proposed Order
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| 25 | 25
service
Summons Returned Executed
Wed 02/26 12:22 PM
SUMMONS Returned Executed by Jeffrey Scott Smith. Theresa Pinkston served on 2/17/2025. (Dortch, Timothy) |
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| Monday, February 24, 2025 | ||
| 24 | 24
notice
Notice of Discovery Disclosure
Mon 02/24 4:31 PM
NOTICE of Discovery Disclosure by Chery Lyn Pinkston (Luttrell, Allison) |
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| 23 | 23
misc
Report of Rule 26(f) Planning Meeting
Mon 02/24 11:38 AM
JOINT REPORT of Rule 26(f) Planning Meeting. (Dortch, Timothy) (rpc) |
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Att: 1
(2/24/2025) Proposed Order
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| 22 | 22
2
pgs
notice
Notice of Discovery Disclosure
Mon 02/24 11:36 AM
NOTICE of Discovery Disclosure by Jeffrey Scott Smith (Dortch, Timothy) |
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| 21 | 21
notice
Notice of Discovery Disclosure
Mon 02/24 10:38 AM
NOTICE of Discovery Disclosure by Bank of America Corporation (Figari, Grant) |
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| Thursday, February 20, 2025 | ||
| 20 | 20
motion
Temporary Restraining Order
Thu 02/20 1:54 PM
EMERGENCY MOTION for Temporary Restraining Order by Jeffrey Scott Smith.(Dortch, Timothy) |
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Att: 1
Proposed Order,
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Att: 2
3 pgs
Exhibit,
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Att: 3
1 pgs
Exhibit,
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Att: 4
3 pgs
Exhibit,
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Att: 5
114 pgs
Exhibit,
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Att: 6
Exhibit,
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Att: 7
Exhibit,
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Att: 8
Exhibit,
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Att: 9
Exhibit,
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Att: 10
2 pgs
Affidavit/Declaration
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| Thursday, February 06, 2025 | ||
| 19 | 19
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Thu 02/06 2:35 PM
ORDER granting17 Defendant Bank of America, N.A.'s (BANA) Consent Motion for Extension of Time to Respond to the First Amended Petition. BANA shall have until March 7, 2025, to answer or otherwise respond to Plaintiffs Amended Petition in Intervention. Signed by District Judge Amos L. Mazzant, III on 2/6/2025. (CLC) |
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| 18 | 18
cmp
Amended Complaint
Thu 02/06 12:54 PM
SECOND AMENDED COMPLAINT In Intervention and Cross Claims against Bank of America Corporation, Chery Lyn Pinkston, Theresa Pinkston, filed by Jeffrey Scott Smith.(Dortch, Timothy) |
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| Wednesday, February 05, 2025 | ||
| 17 | 17
motion
Extension of Time to File Response/Reply
Wed 02/05 3:15 PM
CONSENT MOTION for Extension of Time to File Response/Reply by Bank of America Corporation.(Figari, Grant) |
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Att: 1
Proposed Order Order Granting Bank of America, N.A.'s Consent Motion for Ext. of Time to Resp. to the First Amended Petition
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| Friday, January 31, 2025 | ||
| 16 | 16
2
pgs
order
Order on Motion for Miscellaneous Relief
Fri 01/31 8:48 AM
ORDER granting12 Motion for Order Authorizing Alternative Service of Process on Defendant Theresa Pinkston. Signed by District Judge Amos L. Mazzant, III on 1/31/2025. (CLC) |
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| Thursday, January 30, 2025 | ||
| 15 | 15
respm
Reply to Response to Motion
Thu 01/30 10:51 AM
REPLY to Response re6 MOTION to Remand filed by Chery Lyn Pinkston . (Luttrell, Allison) |
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| Monday, January 27, 2025 | ||
| 14 | 14
respm
Response to Motion
Mon 01/27 2:22 PM
RESPONSE re6 MOTION to Remand filed by Jeffrey Scott Smith . (Dortch, Timothy) |
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utility
Remark
Mon 01/27 4:28 PM
Note: Defendant Bank of America was not required to pay a $405 filing fee for the Consent to Removal. The filing fee has been refunded. (rpc) |
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| Friday, January 24, 2025 | ||
| 13 | 13
notice
Notice of Removal
Fri 01/24 9:09 AM
CONSENT TO REMOVAL by Bank of America Corporation from 294th District Court, case number FM24-00171. (Filing fee $ 405 receipt number ATXEDC-10638334), filed by Bank of America Corporation.(Figari, Grant) Modified text on 1/24/2025 (rpc). Modified on 1/24/2025 (xl) |
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| Wednesday, January 22, 2025 | ||
| 12 | 12
motion
Miscellaneous Relief
Wed 01/22 4:31 PM
CORRECTED MOTION for Order Authorizing Alternative Service of Process on Defendant Theresa Pinkston by Jeffrey Scott Smith.(Dortch, Timothy) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit
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misc
Notice of Deficiency
Wed 01/22 2:30 PM
Clerk's LR CV-10(d) Notice of Deficiency as to 11 Motion for Miscellaneous Relief filed by Jeffrey Scott Smith. - LR CV-7(i) or LR CR-47(a)(3) requires this document to include a certificate of conference that complies with the rule. Recommended cure: Within one day, Filer must refile with the word Corrected in the title of the document. The filer should use the same ECF event and when offered the docket text enhancement dropdown, select CORRECTED so it will also appear in the docket text. (rpc) |
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| Tuesday, January 21, 2025 | ||
| 11 | 11
motion
Miscellaneous Relief
Tue 01/21 4:45 PM
MOTION Order Authorizing Alternative Service of Process on Defendant Theresa Pinkston by Jeffrey Scott Smith.(Dortch, Timothy) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit
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| Thursday, January 16, 2025 | ||
| 10 | 10
19
pgs
cmp
Intervenor Complaint
Thu 01/16 1:40 PM
AMENDED Intervenor COMPLAINT and Cross Claim Against Chery Lyn Pinkston , filed by Jeffrey Scott Smith.(Dortch, Timothy) |
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| Monday, January 13, 2025 | ||
| 9 | 9
2
pgs
order
Order ~Util - Set Deadlines ~Util - Set Hearings ~Util - Terminate Motions
Mon 01/13 12:02 PM
ORDER granting in part8 UNOPPOSED MOTION for Extension of Time to File Response to Motion to Remand, Rule 26(F) Conference and Joint Report . Plaintiff's deadline to file a response to Plaintiff/Cross-Defendants Motion to Remand is extended to 1/27/2025. Rule 26 Meeting Report due by 2/24/2025. Scheduling Conference reset for 3/5/2025 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 1/13/2025. (rpc) |
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| Wednesday, January 08, 2025 | ||
| 8 | 8
4
pgs
motion
Extension of Time to File
Wed 01/08 5:27 PM
UNOPPOSED MOTION for Extension of Time to File Response to Motion to Remand, Rule 26(F) Conference and Joint Report by Jeffrey Scott Smith.(Dortch, Timothy) |
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Att: 1
Proposed Order
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| Tuesday, January 07, 2025 | ||
| 7 | 7
3
pgs
service
Summons Returned Executed
Tue 01/07 4:12 PM
SUMMONS Returned Executed by Jeffrey Scott Smith. Bank of America Corporation served on 1/3/2025. (Dortch, Timothy) |
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| Thursday, January 02, 2025 | ||
| 6 | 6
9
pgs
motion
Remand
Thu 01/02 1:35 PM
MOTION to Remand by Chery Lyn Pinkston.(Luttrell, Allison) |
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Att: 1
Affidavit/Declaration Affidavit of Kelly D. Hollingsworth,
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Att: 2
Proposed Order Proposed Order on Plaintiff's Motion to Remand
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| 5 | 5
10
pgs
order
Order Governing Proceedings
Thu 01/02 10:44 AM
ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Report due by 2/6/2025. Rule 16 Management Conference SET for 2/18/2025 at 02:00 PM, to be held via Zoom or telephone; instructions will follow. Signed by District Judge Amos L. Mazzant, III on 1/2/2025. (jmb) |
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| Monday, December 23, 2024 | ||
| 4 | 4
service
Summons Issued
Mon 12/23 1:07 PM
SUMMONS Issued as to Theresa Pinkston. (rpc) |
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| 3 | 3
service
Summons Issued
Mon 12/23 1:07 PM
SUMMONS Issued as to Bank of America Corporation. (rpc) |
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| Tuesday, December 17, 2024 | ||
| 2 | 2
2
pgs
order
Order
Tue 12/17 4:13 PM
ORDER AND ADVISORY. Signed by District Judge Amos L. Mazzant, III on 12/17/2024. (rpc) |
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| Friday, December 13, 2024 | ||
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notice
Notice of ECF Requirement
Fri 12/13 10:22 AM
Notified Plaintiff's Attorneys, Constance A. Mims, Alexis Gebhardt, and Kelly D. Hollingsworth (who is admitted, but contact information out of date), Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (rpc) |
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| Thursday, December 12, 2024 | ||
| 1 | 1
4
pgs
notice
Notice of Removal
Thu 12/12 5:12 PM
NOTICE OF REMOVAL by Jeffrey Scott Smith from 294th Judicial District Court, Van Zandt County, Texas, case number FM24-00171. (Filing fee $ 405 receipt number ATXEDC-10554079), filed by Jeffrey Scott Smith.(Dortch, Timothy) |
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Att: 1
86 pgs
State Court Pleadings,
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Att: 2
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Fri 12/13 9:51 AM
Case Assigned to District Judge Amos L. Mazzant, III. (rpc) |
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notice
Notice of Magistrate Judge Availability
Fri 12/13 9:51 AM
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form[LINK:Consent to Proceed Before Magistrate Judge] is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge . (rpc) |
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utility
Remark
Fri 12/13 9:55 AM
Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (rpc) |
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