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Photo of Collin County

Court

Collin County

Texas

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Case Information

Filed 2023-04-12
Status Closed
Type Other Contract
Docket 171 entries
Disposition order of dismissal

Parties

Plaintiff Hayasaka, Yuri
Defendant Bradshaw, Andrew
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. Mailed Agreed Order of Nonsuit
  2. Order of Dismissal - PARTIAL (Judicial Officer: Nowak, Christine) Comment (Order Granting Joint Motion to Dismiss with Prejudice)
  3. Order of Dismissal - PARTIAL (Judicial Officer: Nowak, Christine) Comment (Agreed Order of Dismissal With Prejudice as to City of Lewisville)
  4. Notice of Non-Suit - PARTIAL Comment (Defendant's Partial Non- Suit of Claims Made in its Second Amended Answer and General Denial and Counter- Claim for Declaratory Judgment)
  5. Agreed Order of Nonsuit (Judicial Officer: Nowak, Christine) Comment (Agreed Joint Notice of Nonsuit with Prejudice) Party( Hayasaka, Yuri; Rang One Holdings, LLC)
  6. Agreed Order of Nonsuit (Judicial Officer: Nowak, Christine) Comment (Order Granting Agreed Joint Nonsuit with Prejudice)
  7. Plaintiff's Original Petition (OCA) $350.00
  8. Request for Citation $8.00
  9. Citation Rang One Holdings, LLC Served 06/08/2023 Returned 06/09/2023 Bradshaw, Andrew Served 04/24/2023 Returned 04/28/2023 Coldwell Banker Apex Realtors Served 04/21/2023 Returned 04/28/2023 SFMC, LP Served 04/27/2023 Returned 05/02/2023
  10. Service Return Affidavit of Service - Citation - Coldwell Banker Apex Realtors
  11. Service Return Affidavit of Service - Citation - Andrew Bradshaw
  12. Service Return Affidavit of Service - Citation - SFMC, LP d/b/a Service First Mortgage Company
  13. Motion for Substituted Service Motion for Substituted Service of Process
  14. Original Answer Defendants Coldwell Banker Apex Realtors and Andrew Bradshaw's Original Answer
  15. Notice of Hearing Notice of Hearing by Submission
  16. Original Answer SFMC, LP d/b/a Service First Mortgage Company's Original Answer
  17. Motion Motion for Leave to Designate Responsible Third Parties
  18. Hearing (1:00 PM) (Judicial Officer Bouressa, Andrea) Motion for Substitute Service
  19. Order for Substituted Service Order Granting Motion for Substituted Service of Process
  20. Service Return Affidavit of Service - Rang One Holdings, LLC
  21. Certificate of Written Discovery
  22. Original Answer Defendant's Original Answer
  23. Certificate of Written Discovery
  24. Motion for Non-Suit Plaintiff's Motion for Nonsuit as to Defendant SFMC, LP d/b/a Service First Mortgage Company Without Prejudice
  25. Mailed or Faxed or Emailed Order Order on Nonsuit
  26. Motion Motion to Substitute Counsel
  27. Motion Plaintiff's Motion to Compel Defendant Rang One Holdings, LLC, d/b/a Wyatt James Builders' Discovery
  28. Notice of Hearing
  29. Administrative Order Order signed 9/29/2023 to transfer to the 493rd Court.. Order scanned into minutes.
  30. Motion Plaintiff's Motion to Compel Defendant Andrew Bradshaw's Better Responses to Discovery
  31. Motion Plaintiff's Motion to Compel Defendant Coldwell Banker APEX Realtors' Better Responses to Discovery
  32. Order to Substitute Counsel Order Granting Defendant, Rang One Holdings, LLC, d/b/a Wyatt James Builders' Motion to Substitute Counsel
  33. Amended Amended Notice of Hearing on Plaintiff's Motion to Compel Defendant Rang One Holdings, LLC d/b/a Wyatt James Builders' Discovery (Correcting Court to Newly Established 493rd Judicial District)
  34. Notice of Hearing Notice of Hearing on Plaintiff's Motion to Compel Defendant Coldwell Banker's Apex Realtors' Better Responses to Discovery
  35. Notice of Hearing Notice of Hearing on Plaintiff's Motion to Compel Andrew Bradshaw's Better Responses to Discovery
  36. Motion Coldwell Banker Apex Realtors And Andrew Bradshaw's Motion For Protective Order And Sanctions
  37. Notice of Hearing Notice of Cancellation of Hearing on Plaintiff's Motion to Compel Defendant Rang One Holdings, LLC D/B/A Wyatt James Builders' Discovery
  38. CANCELED Motion to Compel (10:30 AM) (Judicial Officer Bouressa, Andrea) Other Plaintiff's Motion to Compel Discovery
  39. CANCELED Motion to Compel (9:00 AM) (Judicial Officer Nowak, Christine) Per Judge (10:30 AM)
  40. CANCELED Motion to Compel (1:15 PM) (Judicial Officer Nowak, Christine) Other PLT's Motion to Compel DFT's Andrew Bradshaw's Better Responses to Discovery (1 hour) 12/05/2023 Reset by Court to 10/25/2023
  41. Notice of Hearing
  42. Amended First Amended Notice of Hearing on Plaintiff's Motion to Compel Defendant Coldwell Banker Apex Realtors' Better Responses to Discovery
  43. Amended First Amended Notice of Hearing on Plaintiff's Motion to Compel Defendant Andrew Bradshaw's Better Responses to Discovery
  44. Amended Second Amended Notice of Hearing on Plaintiff's Motion to Compel Defendant Rang One Holdings, LLC D/B/A Wyatt James Builders' Discovery
  45. Response Plaintiff's Response to Defendants Coldwell Banker Apex Realtors and Andrew Bradshaw's Motion for Protective Order and Sanctions
  46. Notice Notice of Cancellation of Hearing
  47. Motion to Compel (1:15 PM) (Judicial Officer Nowak, Christine) PLT's Motion to Compel DFT's Coldwell Banker APEX Realtors' Better Responses to Discovery and PLT's Motion to Compel DFT's Andrew Bradshaw's Better Responses to Discovery, Plaintiff's Motion to Compel Defendant Rang One Holdings, LLC, d/b/a Wyatt James Builders' Discovery and Coldwell Banker Apex Realtors And Andrew Bradshaw's Motion For Protective Order And Sanctions (1 hour) 10/25/2023 Reset by Court to 12/06/2023 12/04/2023 Reset by Court to 10/25/2023
  48. Plaintiff's Plaintiff's Request for Jury Trial
  49. Jury Trial Requested $10.00
  50. Judge's Docket Entry Hearing called. Plaintiff's counsel appeared; Defendants' counsel appeared. Plaintiff withdraws its Motions to Compel as to Defendant Coldwell Banker, Andrew Bradshaw, and Rang One. Disputes resolved and no further relief sought from court on such motions. Court hears argument on Bradshaw's Motion for Protective Order and Sanction. Court grants Protective Order and permits snap back; Court denies Sanctions. Bradshaw counsel to prepare Order.
  51. Notice Notice of Cancellation of Hearing
  52. Deputy Reporter Statement Deputy Court Reporter Statement
  53. Order Granted Order Granting Motion for Protective Order
  54. Notice Notice of Cancellation of Hearing
  55. Motion Motion in Support of Agreed Scheduling Order
  56. Amended Motion Amended Motion in Support of Agreed Scheduling Order
  57. Motion to Enter (1:15 PM) (Judicial Officer Nowak, Christine)
  58. Motion Motion to Enter Agreed Scheduling Order
  59. Amended Motion Plaintiff's First Amended Motion to Enter Agreed Scheduling Order
  60. Motion to Enter (1:15 PM) (Judicial Officer Nowak, Christine) Motion to Enter DCO
  61. Judge's Docket Entry Case called for hearing on Motion to Enter. Plaintiff's counsel appeared; respective defense counsel appeared. Additional party to be joined to this cause. Deadline to join/file necessary pleading 2/2; service to be completed ASAP and in sufficient time that answer deadline shall fall before March 6. Court resets Motion to Enter for March 6 @ 9AM. DCO to be entered on that date with all parties present. Counsel to serve Notice of reset Hearing.
  62. Counter Claim $80.00 Defendant, Rang One Holdings, LLC d/b/a Wyatt James Builders' Original Cross-Claim Against the City of Lewisville and Counter-Claim Against Plaintiff, Yuri Hayasaka
  63. Request for Citation $8.00
  64. Citation City of Lewisvile Served 02/14/2024 Returned 02/15/2024
  65. Service Return Affidavit of Service - City of Lewisville - Citation/Counter-Claim
  66. Rule 11 Agreement Rule 11 Agreement
  67. Original Answer Plaintiff's Original Answer to Rang One Holdings, LLC D/B/A Wyatt James Builders' Original Cross-Claim Against the City of Lewisville and Counter-Claim Against Plaintiff Yuri Hayasaka
  68. CANCELED Motion to Enter (9:00 AM) (Judicial Officer Nowak, Christine) Per Attorney
  69. Original Answer Third party defendant The City of Lewisville's Plea to the Jurisdiction and Original Answer
  70. Motion to Enter (9:00 AM) (Judicial Officer Nowak, Christine) Motion to Enter DCO
  71. Judge's Docket Entry Counsel appeared. DCO entered.
  72. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 1 or 2 - Civil)
  73. Motion to Dismiss Joint Motion to Dismiss with Prejudice
  74. Mailed or Faxed or Emailed Order Order of Partial Dismissal
  75. CANCELED Pre Trial (9:00 AM) (Judicial Officer Nowak, Christine) Other
  76. CANCELED Jury Trial (9:00 AM) (Judicial Officer Nowak, Christine) Other
  77. Motion to Dismiss Motion for Entry of Agreed Order of Dismissal with Prejudice as to City of Lewisville
  78. Mailed or Faxed or Emailed Order Agreed Order of Dismissal With Prejudice as to City of Lewisville
  79. Amended Answer Defendant's First Amended Answer and General Denial and Counter-Claim for Declaratory Judgment
  80. Notice Plaintiff's Notice of Deposition of the Corporate Representative of Rang One Holdings, LLC, D/B/A Wyatt James Builders
  81. Motion Defendant Rang One Holdings, LLC's Motion for Leave for Court's Designation of Responsible Third Party
  82. Amended Answer Defendants Second Amended Answer, General Denial, and Counter-Claim for Declaratory Judgment
  83. Motion for Summary Judgment Defendant Rang One Holdings, LLC's Partial Traditional and No Evidence Motion for Summary Judgment
  84. Motion for Continuance Defendant's Motion for Continuance or, Alternatively, Motion for Leave to Designate Experts
  85. Motion Plaintiff's Motion to Strike Deemed Admissions
  86. Motion for Continuance Agreed Motion for Continuance
  87. Motion Plaintiff's Motion to Compel Defendant Rang One Holdings, LLC D/B/A Wyatt James Builders' Better Responses to Discovery
  88. Attorney Order for Continuance of Trial Denied Order Granting Agreed Motion for Continuance - DENIED
  89. Amended Motion Defendant's Amended Motion for Continuance or, Alternatively, Motion for Leave to Designate Experts
  90. Motion Plaintiff's Motion to Strike Expert Witness
  91. Amended Petition Plaintiff's First Amended Original Petition
  92. Notice of Hearing Defendant's Notice of Hearing on Leave of Court to Hear Motion for Summary Judgment Filed by Defendant
  93. Defendant's Defendant Rang One Holdings, LLC, d/b/a Wyatt James Builders' Pre-Trail Disclosures
  94. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Motion for Leave Amended Motion for Continuance
  95. Request for Citation $8.00
  96. Judge's Docket Entry Case called for hearing on request for leave to set MSJ for hearing. Appearances stated. MSJ was filed with sufficient time to have heard under DCO, reason for delay was lack of agreement between parties on hearing date. Court grants leave and sets hearing for November 7 contemporaneous with pre-trial conference.
  97. Motion to Withdraw Agreed Motion for Withdrawal as Counsel
  98. Notice of Hearing Defendant, Rang one Holdings, LLC's Notice of Hearing on Motion for Summary Judgment
  99. Plaintiff's Plaintiff Yuri Hayasaka's Pre-Trial Disclosures
  100. Notice Notice of Admissions
  101. Deputy Reporter Statement
  102. Exhibit List Plaintiff's Exhibit List for Trial
  103. Witness List Plaintiff's Witness List for Trial
  104. Notice of Hearing Notice of Hearing on Plaintiff's Motion to Strike Expert Witness and Motion to Withdraw as Counsel
  105. Supplemental Plaintiff's Supplemental Motion to Strike Deemed Admissions
  106. Amended Petition Plaintiff's Second Amended Original Petition
  107. Designation of Plaintiff's Designation of Deposition Testimony of Rick Nunnally as Corporate Representative of Rang One Holdings, LLC
  108. Amended Plaintiff's First Amended Witness List for Trial
  109. Motion Plaintiff's Motion in Limine
  110. Certificate of Deposition (Bill of Cost Form) Reporter's Certification - Oral Deposition of Yuri Hayasaka September 3, 2024
  111. Certificate of Deposition (Bill of Cost Form) Reporter's Certificate Deposition of Rick Nunnally
  112. Notice Notice of Withdraw of Motion for Withdrawal as Counsel
  113. Notice of Hearing Amended Notice of Hearing on Plaintiff's Motion to Strike Expert Witness and Supplemental Motion to Strike Deemed Admissions
  114. Proposed Jury Charge Plaintiff's Proposed Charge to the Jury
  115. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Plaintiffs motion to strike and Motion to Withdraw
  116. Judge's Docket Entry Case called for hearing on (1) motion to withdraw as counsel, (2) request to undeem admissions, and (3) motion to strike. Appearances stated. Motion to withdraw withdrawn at hearing; court finds motion moot. Parties have reached agreement to undeem admissions; no action needed by Court on the pending motion. Argument on Motion to Strike Expert; Court denies request to strike and orders further deposition. Order to be submitted on or before 10/25.
  117. Motion Joint Motion for Leave to Extend Mediation Deadline and to Allow Additional Time at Trial
  118. CANCELED Motion to Enter (1:15 PM) (Judicial Officer Nowak, Christine) Other Motion to Enter Order
  119. Order Order on Plaintiff's Motion to Un-Strike Deemed Admissions
  120. Amended Plaintiff's First Amended Exhibit List for Trial
  121. Amended Motion Defendant's Second Amended Motion in Limine
  122. Subpoena Return - Not DC Issued Affidavit of Service- Trial Subpoena to Andrew Bradshaw
  123. Subpoena Return - Not DC Issued Affidavit of Service- Trial Subpoena to Anne Carrancejie
  124. Subpoena Return - Not DC Issued Affidavit of Service- Trial Subpoena to Grant Gonzalez
  125. Order Order on Plaintiff's Motion to Un- Strike Deemed Admissions - Duplicate
  126. Order Order on Plaintiff's Motion to Strike Expert
  127. Notice of Hearing Notice of Hearing
  128. Report Defendant's Rule 166 Conference Report
  129. Response Plaintiff's Response to Defendant's Partial Traditional and No Evidence Motion for Summary Judgment
  130. Notice of Hearing Amended Notice of Hearing
  131. Amended Plaintiff's Second Amended Witness List for Trial
  132. Supplemental Plaintiff's Supplemental Response to Defendant's Partial Traditional and No Evidence Motion for Summary Judgment
  133. Response Defendant Rang One Holdings, LLC's Reply to Plaintiff's Response to Defendant's Partial Traditional and No Evidence Motion for Summary Judgment
  134. Subpoena Return - Not DC Issued Jerry Armijo
  135. Subpoena Return - Not DC Issued Trial Subpoena- Joshua Smith
  136. Subpoena Return - Not DC Issued Trial Subpoena for Jon Heydrick - Whispering Pines Appraisal
  137. Subpoena Return - Not DC Issued Trial Subpoena- Anne Carrancejie
  138. Subpoena Return - Not DC Issued Trial Subpoena- Andrew Bradshaw
  139. Witness List Defendant's Amended Trial Witness List
  140. Amended Defendant, Rang One Holdings, LLC's Second Amended Trial Exhibit List
  141. Proposed Jury Charge Defendant's Proposed Charge of the Court
  142. Pre-trial Conference (9:00 AM) (Judicial Officer Nowak, Christine)
  143. Motion for Summary Judgment (9:00 AM) (Judicial Officer Nowak, Christine)
  144. Motion Hearing (9:00 AM) (Judicial Officer Nowak, Christine) Motion for Leave to Extend Mediation Deadline
  145. Order Granted Order on Defendant's Second Amended Motion in Limine
  146. Order Order RE: Plaintiff's First Amended Exhibit List for Trial
  147. Order Order RE: Defendant, Rang One Holdings, LLC's Second Amended Trial Exhibit List
  148. Order Order on Plaintiff's Motion in Limine
  149. Proposed Jury Charge Defendant's Proposed Charge of the Court
  150. Judge's Docket Entry Pre-trial conference held. Appearances stated. Court grants motion for leave to extend mediation deadline. In light thereof, 30 min. voir dire; record on voir dire waived; 6 hours/side testimony evidence (15 min open and close capped at 30 min). Joint summary to be read to jury to be provided by counsel on or before COB 11/8. Hard copy of exhibits received. Objections on exhibits considered; orders entered. Objections on limine items considered; orders entered. No intepreter needed. Court needs word versions of proposed charge -parties directed to provide. Following pre-trial, argument presented on MSJ. Plaintiff has nonsuited claims for civil conspiracy, negligence, fraud by misrep, fraud by material 3rd party misrep, and RESPA. Court denies MSJ as to remaining claims, save and except DTPA which remains under advisement.
  151. Order Granted Order Granting Joint Motion for Leave to Extend Mediation Deadline and to Allow Additional Time at Trial
  152. Order Order Granting Joint Motion for Leave to Extend Mediation Deadline and to Allow Additional Time at Trial
  153. Letter RE: Report of Mediator, Roger M. Yale
  154. Brief Trial Brief: Damages
  155. Plaintiff's Plaintiff's Trial Brief and Motion for Directed Verdict as to Defendant's Request for Declaratory Judgment
  156. Jury Trial (9:00 AM) (Judicial Officer Nowak, Christine)
  157. Order Denied Order Denying Defendant's Partial Traditional and No Evidence Motion for Summary Judgment
  158. Judge's Docket Entry Case called for jury trial day #1. Appearances stated. Parties announce ready. Court provides ruling on remaining claim from MSJ. Additional housekeeping matters. Panel qualified; voir dire proceeds. Court considers trial briefs re: damages; finds fair notice of damages objected to has been pleaded. Jury empaneled (seated and sworn). Openings presented. Court in recess for lunch. Reconvene. Plaintiff calls witness #1 (R. Nunnally - Ex. P1, P11, P7, P6, P5, P38, P3, P4, P30, P10, P8, P9 admitted - Defendant reserved questions); witness #2 (J. Armijo - Ex. P5, P38, P9, D21); witness #3 (Y. Hayasaka - Ex. P1, P2, P15, P22, P32, P33, P27, P12, P13, P14, P16, P17, P18, P19, P31, P21, P23, P24, P25, P3, P29, P37 (redacted); D12b (redacted); D16, P3, D12c (redacted), D12d (redacted)). Court in recess; jury excused for the day advised to report at 8:40AM in morning; counsel told to report at 8:30AM.
  159. Brief Defendant Rang One Holdings, LLC's Trial Brief for Jury Trial To Be Held November 12, 2024, at 9:00A.M.
  160. Order Denied Order Denying Defendant's Partial Traditional and No- Evidence Motion for Summary Judgment
  161. Judge's Docket Entry Case called for jury trial day #2. Plaintiff witness #3 (Y. Hayasaka cont.- Ex. P7, D2, D3, D17, D24, D16); witness #4 (P counsel -Ex. P39). Plaintiff rests. Jury excused. Defendant moves for directed verdict on DTPA, fraud by nondisclosure, statutory fraud, exemplary damages - Court grants as to fraud claims, exemplary damages, and DTPA para 22. subparagraph c; Plaintiff nonsuiits para 22 subparagraph b). Court provides parties proposed draft charge for review; informal discussion regarding charge. Defendant witness #1 (J. Smith - Ex. D2); witness #2 (A. Bradshaw - Ex. D12A (unredacted), P22); witness #3 (R. Nunnally recalled); witness #4 (A. Carrancejie); witness #5 (D counsel - D28; D28A). Defense rests. No other witnesses called. Plaintiff closes; Defendant closes. Jury excused. Formal charge conference held. Parties confirm exhibit binders to go back to jury.Reconvene. Charge read. Closing arguments presented. Jury deliberations.
  162. Peremptory Challenges Plaintiff Attorney
  163. Peremptory Challenges Attorney - Defendant
  164. Charge of Court Charge of the Court
  165. Jury Chosen (OCA)
  166. Mailed or Faxed or Emailed Notice
  167. Plaintiff's Plaintiff's Accounting of Court Costs
  168. CANCELED Motion to Enter (9:30 AM) (Judicial Officer Nowak, Christine) Per Attorney Motion to Enter Orders
  169. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Rick Nunnally October 29,2024
  170. Mailed or Faxed or Emailed Notice Notice of Nonsuit
  171. CANCELED Motion to Enter (1:15 PM) (Judicial Officer Nowak, Christine) Non-Suit Motion to enter dismissal documents

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