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Photo of Collin County

Court

Collin County

Texas

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Case Information

Filed 2023-03-01
Status Closed
Type Consumer/commercial/debt
Docket 74 entries
Disposition final judgment

Parties

Plaintiff A&s Midway Llc
Defendant Price Restaurants Llc
Photo of Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Judge

Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Collin County (TX)

Texas

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Lawyers

Docket Entries

  1. Issued Abstract of Judgment
  2. Order for Partial Summary Judgment (Judicial Officer: Nowak, Christine) Comment (Order on Plaintiff's Partial Motion For Summary Judgment)
  3. Order on Nonsuit - PARTIAL (Judicial Officer: Nowak, Christine) Comment (Order Granting Plaintiff's Partial Nonsuit Without Prejudice)
  4. Final Judgment (Judicial Officer: Nowak, Christine)
  5. Plaintiff's Original Petition (OCA) $350.00 Plaintiff's Original Petition
  6. Request for Citation $8.00
  7. Citation Price Restaurants LLC Served 05/11/2023 Returned 05/12/2023 Price, James Served 05/10/2023 Returned 05/12/2023
  8. Motion for Substituted Service Plaintiff's Motion for Substituted Service on James Price
  9. Motion for Substituted Service Plaintiff's Motion for Substitute Service on Price Restaurants LLC
  10. Order for Substituted Service Order Granting Substitute Service of Process - James Price
  11. Order for Substituted Service Order Granting Substitute Service of Process - Price Restaurants LLC
  12. Service Return Affidavit of Service - Price Restaurants LLC
  13. Service Return Affidavit of Service - James Price
  14. Motion for Default Judgment Plaintiff's Motion for Default Judgment Against Defendants Price Restaurants LLC and James Price
  15. Original Answer Defendants' Original Answer
  16. CANCELED Motion Hearing (9:00 AM) (Judicial Officer Willis, Jill Renfro) Answer Filed Motion for Default Judgment
  17. Returned Mail Undeliverable
  18. Motion Plaintiff's Motion for Entry of Level II Scheduling Order
  19. CANCELED Dismissal for Want of Prosecution (8:25 AM) (Judicial Officer Willis, Jill Renfro) Scheduled Trial Setting 06/02/2023 Reset by Court to 08/02/2023
  20. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 1 or 2 - Civil)
  21. Administrative Order Order signed 9/29/2023 to transfer to the 493rd Court. Order scanned into minutes.
  22. Motion Plaintiff's Motion to Compel Discovery from Defendants Price Restaurants LLC and James Price
  23. Notice of Hearing Notice of Hearing on Plaintiff's Motion to Compel Discovery from Defendants Price Restaurants LLC and James Price
  24. Motion to Compel (1:15 PM) (Judicial Officer Nowak, Christine)
  25. Memorandum Memo Reflecting Ruling
  26. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 1 or 2 - Civil)
  27. Judge's Docket Entry Hearing held on Plaintiff's Motion to Compel. Plaintiff appeared through counsel; Defendant appeared through counsel. Parties reached agreement regarding certain items in dispute; agreement memorialized on the record. Court heard argument on remaining items and ruled on each. Court declines to award fees. Memo ruling provided to Parties for preparation of formal order by counsel.
  28. Order Granted Order Granting Plaintiff's Motion to Compel Discovery Responses From Price Restaurants LLC and James Price
  29. Motion for Summary Judgment Plaintiff's Traditional Motion For Partial Summary Judgment
  30. Supplemental First Supplement to Plaintiff's Traditional Motion for Partial Summary judgment
  31. Notice of Hearing Notice of Hearing on Plaintiff's Traditional Motion for Partial Summary Judgment
  32. Notice of Hearing Notice of Hearing on Plaintiff's Traditional Motion for Partial Summary Judgment
  33. Objection Defendants' Objection and, Subject Thereto, Response to Plaintiff's Traditional Motion for Partial Summary Judgment
  34. Motion Plaintiff's Opposed Motion for Leave and Continuance of hearing on Plaintiff's Motion for Partial Summary Judgment
  35. Notice of Hearing First Amended Notice of Hearing on Plaintiff's Traditional Motion for Partial Summary Judgment
  36. CANCELED Motion for Summary Judgment (1:15 PM) (Judicial Officer Nowak, Christine) Per Attorney
  37. Response Plaintiff's Reply to Defendants' Objections and Response to Plaintiff's Traditional Motion for Partial Summary Judgment
  38. Motion for Summary Judgment (10:30 AM) (Judicial Officer Nowak, Christine)
  39. Judge's Docket Entry Case called for hearing on Plaintiff's Partial Summary Judgment Motion. Appearances stated. Argument presented. Court takes motion under advisement; directs Parties to file supplemental briefing on or before COB June 6, no more than 15 pages in length re: (1)ownership/assignment issues/standing; (3) rule 185 suit on sworn account applicability to lease agreement.
  40. Correspondence Sent by Court Re: Trial Before the Court Reset Notice
  41. Supplemental Plaintiff's Supplemental Briefing in Support of Plaintiff's Partial Traditional Motion for Summary Judgment
  42. Plaintiff's Plaintiff's Rule 194.4 Pretrial Disclosures
  43. Motion Plaintiff's Motion for Leave to File its Rule 194.4 Pretrial Disclosures
  44. Objection Objections and Post-Hearing Brief of Defendants Price Restaurants, LLC and James Price
  45. Plaintiff's Plaintiff's Reply To Defendants' Objections And Post-Hearing Brief On Plaintiff's Partial Traditional Motion For Summary Judgment
  46. Motion Plaintiff's Motion for Additional Trial Time
  47. Judge's Docket Entry The Court having reviewed the Supplemental Briefing/Objections thereto, to the pending Partial Motion for Summary Judgment, hereby denies the Partial MSJ as to the Suit on Sworn Account. The Court finds that to the extent Defendant argues the Supplemental Briefing filed on 5/30 constitutes an Amended Partial Motion for Summary Judgment as to the BOK claim, Defendant will be permitted additional time to respond. To that end, the Court sets this matter for further MSJ hearing by submission on July 5, 2024 @ 9AM. Any response to the Supplemental Briefing filed on 5/30 shall be filed on or before June 28, 2024. In light of the extension of the briefing deadlines, the Court hereby further resets this matter for trial on August 2, 2024 @ 10AM.
  48. CANCELED Trial Before the Court (9:00 AM) (Judicial Officer Willis, Jill Renfro) Per Judge 2.5 hours/side
  49. CANCELED Trial Before the Court (9:30 AM) (Judicial Officer Nowak, Christine) Reset
  50. Evidence Inventory Checklist
  51. Order Granted Order Granting Plaintiff's Motion for Additional Trial Time
  52. Objection Defendants' Objections and, Subject Thereto, Response to Plaintiff's Supplemental Brief Filed on May 30, 2024, in Support of its Traditional Motion for Partial Summary Judgment
  53. Defendant's Defendant's Pretrial Disclosures Under TRC P 194.4
  54. Defendant's Defendants Initial Disclosures
  55. Motion for Summary Judgment (9:30 AM) (Judicial Officer Nowak, Christine)
  56. Response Plaintiff's Reply to Defendants' Objection and Response to Plaintiff's Supplemental Brief in Support of Plaintiff's Traditional Motion for Partial Summary Judgment
  57. Judge's Docket Entry The Court previously denied the Partial MSJ as to the Suit on Sworn Account, and took the Amended Partial MSJ under advisement as to the BOK claim. Having review all relevant filings related thereto, the Court hereby grants summary judgment on the BOK claim, as to liability only. Issues remain regarding the calculation of damages. Plaintiff's counsel is directed to provide the Court a proposed Order on or before COB 7/9.
  58. Motion Defendant's Motion for Leave
  59. Administrative Order Order of Assignment by the Presiding Judge
  60. Mailed or Faxed or Emailed Order to Megan L
  61. Exhibit List Defendants' Exhibit List
  62. Witness List Defendants' Witness List
  63. Motion Plaintiff's Emergency Motion to Exclude Defendants' Expert Testimony
  64. Trial Before the Court (10:00 AM) (Judicial Officer Nowak, Christine)
  65. Notice of Nonsuit Plaintiff's Notice of Partial Nonsuit Without Prejudice
  66. Mailed or Faxed or Emailed Notice Notice of Nonsuit
  67. Mailed or Faxed or Emailed Order Order Granting Plaintiff's Partial Nonsuit Without Prejudice
  68. Brief Plaintiff's Post-Trial Briefing on Attorney's Fees
  69. Motion Plaintiff's Motion for Attorney's Fees
  70. Judge's Docket Entry Having considered Plaintiff's Post-Trial Briefing on Attorneys' Fees and Motion for Attorneys' Fees, and no response/objection thereto having been filed, the Court finds Plaintiff is entitled to its reasonable and necessary attorneys fees in the amount of $20,788.30.
  71. Motion to Enter (1:15 PM) (Judicial Officer Nowak, Christine) Motion to Enter Dismissal Documents
  72. Mailed Judgment Letter
  73. Letter Letter - Request for Abstract of Judgment
  74. Request for Abstract of Judgment $8.00

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