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Court

Fort Bend County

Texas

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Case Information

Filed 2023-04-04
Status Active
Type Contract Other Contract
Docket 172 entries

Parties

Plaintiff Davis, Felita
Defendant Gilbert, O Neill|Crain, Jesse
Photo of Hon. Hrbacek, Dean)

Judge

Hon. Hrbacek, Dean)

Fort Bend County (TX)

Texas

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Lawyers

Docket Entries

  1. Order Order on Notice of Nonsuit, Signed 9/5/25 qc/cc/AA
  2. Original Petition Plaintiff's Original Petition
  3. Filing Request for Process
  4. Citation O'Neil Gilbert
  5. Citation Gilbert, O Neill Returned Unserved 04/29/2023 Returned 04/29/2023
  6. Letter from Clerk Invoice qc/ga
  7. Filing Jury Demand
  8. Officers Return
  9. Request Request for Citation
  10. Citation O'Neill Gilbert
  11. Citation Gilbert, O Neill Served 07/06/2023 Returned 07/07/2023
  12. Officers Return
  13. Answer/Response Defendant's Verified Original Answer and Special Exceptions/Objections to Plaintiff's Original Petition (stw 8/4/23 yb)
  14. Petition (No OCA) Plaintiff's First Amended Petition
  15. Certificate Certificate of Written Discoverey
  16. Motion (No Fee) Defendant's Rule 91a Motion to Dismiss
  17. Exhibit Exhibit 1
  18. Motion (No Fee) Defendant's Supplement to Rule 91a Motion to Dismiss
  19. Exhibit Appendix Exh 004
  20. Notice of Hearing Defendant's Notice of Oral Hearing on Defendant's Rule 91a Motion to Dismiss
  21. Motion (No Fee) Defendent's S\upplement to rule 9(a) Motion to Dismiss Plaintiff's Claims and Supporting Brief
  22. Exhibit Appendix 5
  23. Motion (No Fee) Defendant's Supplement to Rule 91a Motion to Dismiss
  24. Exhibit Appendix Exh 002
  25. Exhibit Appendix Exh 003
  26. Filing Plaintiff's Request for Compliance of TRCP 194
  27. Petition (No OCA) Plaintiff's Second Amended Petition
  28. Answer/Response Defendant's Amended First Original Answer (STW 9-25-23 ajs)
  29. Answer/Response Defendant's Rule 91(a) Amended First Supplement Motion to Dismiss Plaintiff 's Original Petition, As Amended
  30. Exhibit Exhibit 3
  31. M/Dismiss (1:30 PM) (Judicial Officer Hrbacek, Dean) Rule 91A
  32. Filing Amended Supplemental Appendix; qc/as/lb
  33. Certificate
  34. Brief Defendant's Bench Brief
  35. Answer/Response Plaintiff's Response (STW 10-9-2023 ajs)
  36. Answer/Response Defendant's Reply (STW 10-9-2023 ajs)
  37. Motion (No Fee) Defendant's Motion for Protective Order, Abatement/Stay and Request for Ruling on Defendant's Rule 91a Motion to Dismiss Plaintiff Claims
  38. Proposed Order Proposed Order (stw 10/23/2023 bw)
  39. Notice of Hearing Defendant's Notice of Hearing
  40. Answer/Response Response to Defendant's Motion for Protective Order
  41. Proposed Order Proposed Order Denying Motion for Protective Order (stw 10/25/23 cc)
  42. M/Hearing (1:30 PM) (Judicial Officer Hrbacek, Dean)
  43. Order Signed 10/31/23 qc/yb/lb
  44. Order Signed 12/27/2023; Order on Defendant's Motion to Dismiss Baseless Cause of Action
  45. Order Order on Defendant's Motion to Dismiss Cause of Action, Signed 12/27/23
  46. Notice Notice of Hearing by Submission ( 02/16/2024 @8:00AM)
  47. Notice Defendant's Notice of In-Person Status Conference
  48. Certificate Certificate of Written Discovery Objections
  49. Answer/Response Plaintiffs Amended Response to Defendant Gilbert's Amended First Supplemental Rule 91A Motion to Dismiss
  50. Answer/Response Defendant's Reply to Plaintiff's Response to Defendant's Rule 91(a) Amended First Supplemental Motion to Dismiss Plaintiff's Claims
  51. Motion (No Fee) Plaintiffs Motion to Strike Defendant's Pleading
  52. Proposed Order Proposed Order Motion to Strike Pleading
  53. Status Hearing (8:00 AM) (Judicial Officer Hrbacek, Dean) 01/30/2024 Reset by Court to 02/16/2024
  54. Answer/Response Defendant's Response to Plaintiff's Motion to Strike Defendant's Reply to Plaintiff's Rule 91(a) Amended First Supplemental Motion to Dismiss Plaintiff's Claims (stw 2/27/2024 as)
  55. Brief Brief on Standard of Review
  56. Answer/Response Defendant's Response and Objection to Plaintiff's Standard of Review on Rule 91(a) (stw 2/27/2024 as)
  57. Exhibit Exhibit 1
  58. Exhibit Exhibit 2
  59. Exhibit Exhibit 3
  60. Order On Motion to Strike Signed 3/25/2024
  61. Order Signed 3/25/2024
  62. Designation Plaintiff's Designation of Expert Witnesses
  63. Motion (No Fee) Motion for Attorney's Fees Pursuant to Texas Rule of Civil Procedure 91a(7)
  64. Notice of Hearing Notice of Court Proceeding
  65. Notice of Appeal Defendant O'Neill Gilbert's Notice of Accelerated/Interlocutory Appeal
  66. Motion (No Fee) Plaintiff's Motion to Deny Defendants Permissive Appeal
  67. Answer/Response Defendant O'Neill Gilbert's Response to Plaintiff's Motion to Deny Interlocutory Appeal (stw 4/19/24 mr)
  68. Proposed Order Proposed Order Motion to Deny Defenant Interlocutory / Accelerated Appeal (stw 04/19/24 mr)
  69. Notice to Court of Appeals
  70. Appeal Electronic Confirmation QC/AB/AA
  71. Notice of Hearing Notice of Hearing
  72. Notice 14th Court of Appeals qc/vp/tt
  73. Letter from Clerk Appeal Designation
  74. Letter from Clerk Appeal Designation
  75. Designation Designation of Matters in Clerk's Record
  76. Designation Defendant's Request and Designation of Record in Interlocutory Appeal
  77. Filing INVOICE
  78. Letters 14th Court of Appeals qc/vp/VW
  79. Filing Information sheet by trial court clerk
  80. Appeal Electronic Confirmation QC/AB/CRS
  81. Letters 14th Court of Appeals qc/vp/AA
  82. Motion (No Fee) Plaintiff's Motion to Compel Responses to Discovery Requests
  83. Proposed Order Proposed Order on Motion to Compel Response to Requests for Admissions (stw 4/26/24 cc)
  84. Motion (No Fee) Defendant's O'Neill Gilbert's Motion to File Interlocutory Appeal
  85. Proposed Order Order (stw 5/7/24 yb)
  86. Motion (No Fee) Plaintiff's Motion to Deny Defendant's Permissive Appeal
  87. Proposed Order Proposed Order on Defendant's Motion to File Interlocutory Appeal (stw 05/03/2024 ja)
  88. Notice of Appeal Defendant's Amended Notice of Appeal
  89. Answer/Response Defendant O'Neill Gilbert's Response to Plaintiff's Motion for Rule 91A Permissive Attorney's Fees (STW 5/7/2024 ajs)
  90. Proposed Order Proposed Order on Motion for Attorney's Fees (stw 5/7/24 yb)
  91. Motion to Withdraw Defendant's Withdrawal of Motion
  92. Filing Information sheet by trial court clerk
  93. Appeal Electronic Confirmation QC/AB/CRS
  94. Motion (No Fee) Plaintiff's Amended Motion for Attorney's Fees
  95. Proposed Order Proposed Order-Plaintiff's Amended Motion for Attorney's Fees (stw 5/16/24 cc)
  96. Motion (No Fee) Plaintiff's Second Amended Motion for Attorney's Fess
  97. Proposed Order Proposed Order on Plaintiff's Amended Motion for Attorney Fees
  98. Notice of Hearing Notice of Court Proceeding
  99. Answer/Response Defendant O'Neill Gilbert's Supplemental Response to Plaintiff's Motion for Rule 91a Permissive Attorney's Fees
  100. Judgment 14th Court of Appeals qc/vp/VMV
  101. Notice 14th Court of Appeals qc/vp/VMV
  102. Opinion 14th Court of Appeals qc/vp/VMV
  103. Notice 14th Court of Appeals qc/vp/lp
  104. Bill of Costs qc/vp/lp
  105. Mandate 14th Court of Appeals qc/vp/lp
  106. Motion (No Fee) Plaintiff's Third Amended Motion for Attorney's Fees
  107. Answer/Response Defendant's Second Supplemental Response to Plaintiff's Third Amended Motion for Rule 91a.7 Attorney's Fees
  108. M/Hearing (1:30 PM) (Judicial Officer Hrbacek, Dean) Plaintiff's Motion for Attorney fees Plaintiff's Motion to Deny Permissive Appeal 05/07/2024 Reset by Court to 05/21/2024 05/21/2024 Reset by Court to 07/02/2024 07/02/2024 Reset by Court to 07/30/2024
  109. Order Order on Plaintiff's Third Amended Motion for Attorney Fees Pursuant to TRCP 91A.7 signed on 08/21/2024 qc/bn/tt
  110. Motion (No Fee) Plaintiff's Motion to Set for Trial on the Jury Docket
  111. Proposed Order Proposed Order Setting Case on Jury Docket (stw 9/25/24 yb)
  112. Request Request for Abstract of Judgment and Writ of Execution **see notes
  113. CounterClaim/CrossAction/Interpleader/Intervention/ThirdPty Defendant's Verified Special Exceptions, Second Amended Original Answer, Amended Counterclaims to Second Amended Original Petition, and Third-Party Petition
  114. Citation
  115. Citation Crain, Jesse Served 12/21/2024 Returned 12/27/2024
  116. Officers Return Return of Service - Jesse Crain
  117. Order Uniform Scheduling Order (Level 1 or 2) (Jury Trial) signed 01/23/2025 qc/bn/AA
  118. Letter from Judge qc/bn/AA
  119. Motion for Dismissal Motion to Dismiss and Original Answer to Third-Party Petition
  120. Proposed Order Order Dismissing Third-Party Petition (stw 01/31/2025 bn)
  121. Notice Notice of Submission
  122. Answer/Response Defendant Objection and Response to Third-Party Motion to Dismiss (stw 02/03/2025 ja)
  123. Notice O'Neill Gilbert's Counsel's Notice of Vacation Schedule
  124. Motion (No Fee) Plaintiff's Motion to Disqualify Jeffrey L Gilman Defendant Counsel for Residential Completions II, LLC and David Powers
  125. Proposed Order Proposed Order on Motion to Disqualify Counsel (stw 02/11/2025 bn)
  126. Motion (No Fee) Defendant's O'Neill Gilbert's Amended Motion to Disqualify Counsel
  127. Motion (No Fee) Defendant O'Neill Gilbert's Motion for Leave to Designate Jessie Crain as Responsible Party
  128. Proposed Order Order on Defendant O'Neill Gilbert's Motion for Leave to Designate Jessie Crain as Responsible Party (stw 02/13/2025 bn)
  129. Certificate Certificate of Written Discovery
  130. Answer/Response Third-Party Defendant's Response to Defendant's Amended Motion to Disqualify Counsel (STW 2/17/2025 MM)
  131. Proposed Order Proposed Order on Third-Party Defendant's Response to Defendant's Amended Motion to Disqualify Counsel (STW 2/17/2025 MM)
  132. Notice of Hearing Defendant's Notice of Hearing on Defendant's Motion to Disqualify
  133. M/Hearing (1:30 PM) (Judicial Officer Hrbacek, Dean) Motion to Disqualify Counsel for Jesse Crain 04/29/2025 Reset by Court to 05/06/2025
  134. Motion on Judgment Plaintiff's Motion for Traditional Summary Judgment
  135. Proposed Order Proposed Order on Plaintiff's Motion for Summary Judgment (stw 7/24/2025 bn)
  136. Motion on Judgment Plaintiff's First Amended Motion for Traditional Summary Judgment
  137. Proposed Order Proposed Order on Plaintiff's Motion for Summary Judgment (stw 7/24/2025 bn)
  138. Motion on Judgment Plaintiff's Second Amended Motion for Traditional Summary Judgment Against O'Neill Gilbert
  139. Proposed Order Proposed Order Plaintiff's Motion for Summary Judgment (stw 7/24/2025 bn)
  140. Answer/Response Defendant's Response to Plaintiff's Motion for Summary Judgment
  141. Proposed Order Proposed Order Denying Plaintiff's Motion for Summary Judgment
  142. Exhibit Defendant O'Neill Gilbert's Proposed Trial Exhibit List
  143. Filing Defendant's Anticipated Trial Witness List
  144. Motion (No Fee) Plaintiff's Motion to Exclude Defendant's Untimely Trial Exhibits
  145. Proposed Order Proposed Order Granting Plaintiff's Motion to Exclude Defendant's Untimely Trial Exhibit List (STW 7/31/2025 ajs)
  146. Answer/Response Defendant's Response to Plaintiff's Motion to Exclude
  147. Exhibit Exhibit 3
  148. Exhibit Exhibit 3
  149. Exhibit Exhibit 3
  150. Proposed Order Proposed Order on Plaintiff's Motion to Exclude Defendant's Trial Exhibits and Defendant's Request for Leave and Extension of Time to File (stw 8/1/2025 mla)
  151. Notice Defendant's Rule 166 Pretrial Notice
  152. Motion (No Fee) Defendant's Motion in Limine
  153. Filing Plaintiff's Proposed Jury Charge
  154. Exhibit List Plaintiff's Pretrial Disclosures and Exhibit List
  155. Proposed Order Proposed Order on Defendant's Special Exceptions (STW 8/5/2025 BN)
  156. Order Denying Signed 08/05/2025 qc/tr/AA
  157. Officers Return Return of Service
  158. Notice Notice of Oral Deposition of Jesse Crain by Subpoena via Zoom (Remote)
  159. Motion on Judgment Defendant's Traditional and No-Evidence Motion for Summary Judgment
  160. Notice Defendant's O'Neill Gilbert's Notice of Rule 39 Requirement to Join Jesse Crain
  161. Answer/Response Plaintiff's Response to Defendant Gilbert's Traditional and No-Evidence Motion for Summary Judgment
  162. Proposed Order Proposed Order on Defendant's Gilbert's Traditional and No-Evidence Motion for Summary Judgment (stw 8/22/2025 mla)
  163. Notice Notice of Oral Deposition via Subpoena Duces Tecum
  164. Notice Notice of Cancellation of Remote Deposition via Subpoena Duces Tecum
  165. Answer/Response Defendant's Supplement to his Verified Special Exceptions, Objections and Response to Plaintiff's Motion for Summary Judgment (filed as secure document)
  166. Motion for Summary Judgement Defendant's Amended Verified Motion for Traditional and No-Evidence Motion for Summary Judgment (filed as secure document)
  167. Dismissed by Plaintiff/Non-Suit/Non-Final Notice of Nonsuit without Prejudice
  168. Proposed Order Proposed Order on Notice of Nonsuit (stw 9/11/25 cc)
  169. Filing Deposition Certification and Transcript of O'Neil Gilbert - (Filed as secured document)
  170. M/Summary Judgment (1:30 PM) (Judicial Officer Hrbacek, Dean) Special Exceptions
  171. Notice of Hearing Notice of Hearing
  172. Pre-Trial (1:30 PM) (Judicial Officer Hrbacek, Dean) JT 8/12 04/15/2025 Reset by Court to 08/05/2025 08/05/2025 Reset by Court to 12/02/2025

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