Case: Simms v. First Gibraltar Bank

Simms, et al v. First Gibraltar Bank, et al

Simms, et al v. First Gibraltar Bank, et al

Simms, et al v. First Gibraltar Bank, et al

Simms, et al v. First Gibraltar Bank, et al

U.S. Court of Appeals for the Fifth Circuit

Simms v. First Gibraltar Bank

U.S. Court of Appeals for the Fifth Circuit

Simms, et al v. First Gibraltar Bank, et al

Simms v. First Madison Bank, FSB

Supreme Court of the United States

Simms v. First Madison Bank, FSB

Supreme Court of the United States

ORDER granting in part [6-1] motion to dismiss for failure to state a claim , entered; Parties notified. As to all former residents of Forest Apartments as well as Doris M. Mannings and Robert L. Stanford. ( signed by Kenneth M. Hoyt ) (bchurchill) (Entered: 02/06/1992)

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 404498 (fmremp) (Entered: 11/19/1991)

ORDER , entered; Pltf to serve this order and attachments on defts. Parties may submit a revised dco n lt 2/3/92. Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) Modified on 11/19/1991 (Entered: 11/19/1991)

FIRST AMENDED COMPLAINT by Gordon D Simms , (Answer due 12/23/91 for First Gibraltar Bank ) amending [1-1] complaint , filed. (bchurchill) (Entered: 12/16/1991)

SUMMONS issued for First Gibraltar Bank (bchurchill) (Entered: 12/16/1991)

RETURN OF SERVICE executed as to First Gibraltar Bank 12/17/91 answer due on 1/23/92 for First Gibraltar Bank (bchurchill) Modified on 01/08/1992 (Entered: 01/06/1992)

MOTION to dismiss for failure to state a claim by First Gibraltar Bank, Motion Docket Date 1/26/92 [6-1] motion , filed (part 1 of #6) (bchurchill) (Entered: 01/07/1992)

ANSWER to Complaint by First Gibraltar Bank (Added attorney Laura Gibson), filed. (part 2 of #6) (bchurchill) (Entered: 01/07/1992)

ACKNOWLEDGEMENT OF SERVICE as to First Gibraltar Bank 1/3/92 filed Answer due on 1/23/92 for First Gibraltar Bank (bchurchill) (Entered: 01/07/1992)

SUPERCEDING SCHEDULING ORDER setting Joining of parties, amending of pleadings 2/1/92 ; Expert witness list submitted by 3/16/92 ; Discovery cutoff 5/4/92 ; Deadline for filing all dispositive motions 6/1/92 ; Deadline for filing non-dispositive motions 3/16/92 ; Pretrial order to be submitted on or before 8/1/92 ; Docket call deadline 11:30 8/10/92 ; ,entered; Parties notified ( Signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 01/17/1992)

RESPONSE by Gordon D Simms in opposition to [6-1] motion to dismiss for failure to state a claim , filed (bchurchill) (Entered: 01/24/1992)

MOTION to reschedule the docket by Gordon D Simms, Motion Docket Date 2/17/92 [10-1] motion , filed (bchurchill) (Entered: 01/29/1992)

SCHEDULING ORDER setting Joining of parties, amending of pleadings 5/11/92 ; Expert witness list submitted by 7/6/92 ; Discovery cutoff 11/9/92 ; Deadline for filing all dispositive motions 1/11/93 ; Deadline for filing non-dispositive motions 7/6/92 ; Pretrial order to be submitted on or before 6/21/93 ; Docket call deadline 11:30 7/12/93 ; ,entered; Parties notified ( Signed by Judge Kenneth M. Hoyt ) (bchurchill) (Entered: 02/05/1992)

MOTION for reconsideration of [12-1] order , for leave to file Amended Complaint by Robert Stanford, Donna Rhodes, Rosa Lee Faulkner, Bernice Snowden, Robert H Edwards, Willie Bea Johnson, Erma Woodard, Marie Banks, Bertha J Castle, Shirley Huitt, Motion Docket Date 5/6/92 [13-1] motion, 5/6/92 [13-2] motion , filed (INDEX herewith loose in 1 brown expandable folder) (fmremp) (Entered: 04/20/1992)

ORDER denying [13-1] motion for reconsideration of [12-1] order denying [13-2] motion for leave to file Amended Complaint , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 05/19/1992)

MOTION to amend [11-1] Scheduling order by Gordon D Simms, et al Motion Docket Date 7/21/92 [16-1] motion , filed (fmremp) (Entered: 07/02/1992)

FIRST AMENDED DOCKET CONTROL ORDER setting Expert witness list submitted by 11/27/92 ; Deadline for filing all dispositive motions 2/26/93 ; Deadline for filing non-dispositive motions 9/25/92 ; Pretrial order to be submitted on or before 6/21/93 ; Docket call deadline 11:30 7/12/93 ; ; , entered. Parties notified. ( Signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 07/09/1992)

MOTION to substitute attorney Raymond M Hill by Gordon D Simms et al, Motion Docket Date 8/12/92 [18-1] motion , filed (fmremp) (Entered: 07/28/1992)

ORDER granting [18-1] motion to substitute attorney Raymond M Hill terminated Added Raymond M Hill , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 07/31/1992)

MOTION for entry of amended docket control order by Gordon D Simms, Motion Docket Date 11/24/92 [20-1] motion filed (fmremp) (Entered: 11/05/1992)

RESPONSE by First Gibraltar Bank to [20-1] motion for entry of amended docket control order , filed (fmremp) (Entered: 11/13/1992)

MOTION to strike pltfs first set of interrogs and requet f/prouduction , or, in the alternative to abate pltfs first set of interrogs and request f/production , or, in the alternative for protective order by First Gibraltar Bank, Motion Docket Date 12/2/92 [22-1] motion, 12/2/92 [22-2] motion, 12/2/92 [22-3] motion , filed (fmremp) (Entered: 11/16/1992)

ORDER denying [20-1] motion for entry of amended docket control order , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 11/20/1992)

ORDER granting [22-1] motion to strike pltfs first set of interrogs and requet f/prouduction granting [22-2] motion to abate pltfs first set of interrogs and request f/production , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 11/20/1992)

RESPONSE by Gordon D Simms to [22-1] motion to strike pltfs first set of interrogs and requet f/prouduction, [22-2] motion to abate pltfs first set of interrogs and request f/production, [22-3] motion for protective order , filed (fmremp) (Entered: 11/24/1992)

MOTION for reconsideration of [24-1] order, [23-1] order by Gordon D Simms pltfs et al, Motion Docket Date 12/15/92 [26-1] motion , filed (bchurchill) Modified on 12/01/1992 (Entered: 12/01/1992)

DESIGNATION OF EXPERT WITNESS LIST by Gordon D Simms pltfs et al filed. (bchurchill) (Entered: 12/01/1992)

Defts Designation of EXPERT WITNESSES by First Gibraltar Bank filed. (fmremp) (Entered: 12/01/1992)

RESPONSE by First Gibraltar Bank in opposition to [26-1] motion for reconsideration of [24-1] order, [23-1] order , filed (bchurchill) (Entered: 12/02/1992)

ORDER denying [26-1] motion for reconsideration of [24-1] order, [23-1] order , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 12/10/1992)

MOTION for leave of court to file second amended [1-1] complaint (w/Exhibit (c) to Second Amended Complaint attached) by Gordon D Simms, Motion Docket Date 3/16/93 [31-1] motion , filed (fmremp) (Entered: 02/25/1993)

MOTION for summary judgment w/exhibits and affidavits attached by Gordon D Simms, Motion Docket Date 3/18/93 [32-1] motion , filed (fmremp) (Entered: 03/01/1993)

Notice of change of address of Laura Gibson atty for First Gibraltar Bank , filed. (fmremp) (Entered: 03/08/1993)

RESPONSE by First Gibraltar Bank in opposition to [31-1] motion for leave of court to file second amended [1-1] complaint , filed (fmremp) (Entered: 03/17/1993)

RESPONSE by First Gibraltar Bank to [32-1] motion for summary judgment , filed (fmremp) (Entered: 03/19/1993)

MOTION for continuance to file additional affidavits in support of First Gibraltar's response in opposition to pltf mtn f/summary judgment by First Gibraltar Bank, Motion Docket Date 4/7/93 [37-1] motion , filed (fmremp) (Entered: 03/19/1993)

OBJECTION by First Gibraltar Bank to [32-1] motion for summary judgment evidence , filed. (fmremp) Modified on 03/22/1993 (Entered: 03/19/1993)

REPLY by Gordon D Simms to response to [31-1] motion for leave of court to file second amended [1-1] complaint , filed (fmremp) (Entered: 03/19/1993)

ORDER granting in part [31-1] motion for leave of court to file second amended [1-1] complaint denying [32-1] motion for summary judgment, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (ealexander) (Entered: 03/25/1993)

NOTICE of Name Change by First Gibraltar Bank , filed (fmremp) (Entered: 04/22/1993)

ORDER denying [32-1] motion for summary judgment , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 04/26/1993)

ORDER denying [37-1] motion for continuance to file additional affidavits in support of First Gibraltar's response in opposition to pltf mtn f/summary judgment , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 04/26/1993)

SECOND AMENDED COMPLAINT by Gordon D Simms , (Answer due 6/28/93 for First Gibraltar Bank ) amending [1-1] complaint adding Bank of America NA, California and Bank, Bank of America Texa, filed. (fmremp) (Entered: 06/21/1993)

MOTION in limine by Gordon D Simms, Motion Docket Date 7/8/93 [45-1] motion , filed (fmremp) (Entered: 06/21/1993)

FIRST MOTION for continuance by Gordon D Simms, Motion Docket Date 7/8/93 [46-1] motion , filed (fmremp) (Entered: 06/21/1993)

MOTION in limine by First Gibraltar Bank, Motion Docket Date 7/11/93 [47-1] motion , filed (fmremp) (Entered: 06/21/1993)

PRE-TRIAL ORDER by Gordon D Simms, First Gibraltar Bank , filed (fmremp) (Entered: 06/24/1993)

OBJECTION to Pltfs Trial Exhibits by First Gibraltar Bank , filed. (fmremp) (Entered: 06/24/1993)

OBJECTIONS to Deft's Trial Exhibits, by Gordon D Simms , filed. (fmremp) (Entered: 06/29/1993)

ORDER granting Pltfs [46-1] motion for continuance set jury trial for 11:30 9/13/93 , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) Modified on 07/13/1993 (Entered: 07/13/1993)

Minute entry: granting [46-1] motion for continuance; Appearances of Raymond Hill for Pltf & Laura Gilson for Deft; Pltf request conference prior to next docket call - granted; Ct Reporter: W. Faris, filed. (ealexander) (Entered: 07/15/1993)

Minute entry: Jury tril held on 9/13/93; App: Hill f/pltf and Gibson f/deft. terminated deadlines Ptys announced Ready for trial. Jury trial requested. Attys' problems w/i the next 2 months: Atty Hill Oct 8-24/93. Atty Gibson Sept 29- Oct 4/93. Mr Deniger out of town week of 9/13/93. A number of out of town witnesses - would request 40 hours notice., entered. Parties ntfd. ( Signed by Judge Kenneth M. Hoyt ) (fmremp) Modified on 09/22/1993 (Entered: 09/15/1993)

ORDER: Pltfs [45-1] motion in limineand Defts [47-1] motion in limine are DENIED without prejudice to the re-urging of same at the pre-trial conference, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 09/30/1993)

Change Address for Raymond M Hill and remailed out Order #54. (fmremp) (Entered: 10/18/1993)

AMENDED MOTION in limine by Gordon D Simms, Motion Docket Date 11/15/93 [56-1] motion , filed. (fmremp) (Entered: 10/27/1993)

MOTION for severance and other related relief by Doris Mannings, Robert Stanford, Motion Docket Date 11/17/93 [57-1] motion , filed. (fmremp) (Entered: 10/29/1993)

NOTICE of Proposed Testimony and Documents and Proposed Jury Instructions including Charge by Gordon D Simms , filed (fmremp) (Entered: 11/04/1993)

MOTION to quash trial subpoena of Mr David Deniger by David Deniger, Motion Docket Date 11/24/93 [59-1] motion , filed. (fmremp) (Entered: 11/05/1993)

OBJECTION and Opposition by Gordon D Simms to [59-1] motion to quash trial subpoena of Mr David Deniger , filed. (fmremp) (Entered: 11/10/1993)

ORDER granting [59-1] motion to quash trial subpoena of Mr David Deniger , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 11/18/1993)

UNOPPOSED MOTION for continuance of trial by First Gibraltar Bank, Motion Docket Date 12/30/93 [62-1] motion , filed. (fmremp) (Entered: 12/13/1993)

ORDER granting First Gibraltar Bank [62-1] motion for continuance of trial , entered; Parties notified. ( signed by Judge Kenneth M. ) (fmremp) (Entered: 12/13/1993)

EMERGENCY MOTION to require attendance of witness at trial by Gordon D Simms, Motion Docket Date 1/12/94 [64-1] motion , filed. (fmremp) Modified on 01/06/1994 (Entered: 12/28/1993)

JOINDER by Gordon D Simms in support of [57-1] motion for severance and other related relief , filed (fmremp) (Entered: 12/28/1993)

MOTION for ruling on mtn for severance , and for finiding of fact and conclusions of law in respect to the denial by this Ct of all claims of the Tenants of Forest Apartments by Gordon D Simms, Motion Docket Date 1/12/94 [65-1] motion, 1/12/94 [65-2] motion , filed. (fmremp) (Entered: 12/28/1993)

RESPONSE by First Gibraltar Bank to Pltfs Emergency [64-1] motion to require attendance of witness at trial , filed (fmremp) (Entered: 01/03/1994)

ORDER denying Deft's [65-1] motion for ruling on mtn for severance , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 01/04/1994)

RESPONSE by First Gibraltar Bank to [65-1] motion for ruling on mtn for severance , filed (fmremp) (Entered: 01/04/1994)

REPLY by Gordon D Simms to Defts response to Emergency [64-1] motion to require attendance of witness at trial, filed (fmremp) (Entered: 01/06/1994)

ORDER denying Pltf's [64-1] motion to require attendance of witness at trial , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 01/10/1994)

ORDER overruling [65-2] motion for finiding of fact and conclusions of law in respect to the denial by this Ct of all claims of the Tenants of Forest Apartments, overruling [60-1] objection motion, overruling [57-1] motion for severance and other related relief, overruling [56-1] motion in limine , entered; If there is any need to reconsider any of these matters it will be done at the time of trial. Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) Modified on 01/11/1994 (Entered: 01/11/1994)

Rec'd exhibits (previously filed); proposed Jury Instructions , frwd to CRD. (fmremp) (Entered: 01/20/1994)

SUPPLEMENTAL AUTHORITY Regarding Non-Admissability of Dept of Housing and Urban Development Determination of No Reasonable Cause Dated October 25, 1990, by First Gibraltar Bank , filed (fmremp) (Entered: 02/01/1994)

AMENDED MOTION in limine by First Gibraltar Bank, Motion Docket Date 2/21/94 [74-1] motion , filed. (fmremp) (Entered: 02/03/1994)

BENCH BRIEF On Admissibility of HUD Determination Report, by First Gibraltar Bank , filed. (fmremp) (Entered: 02/03/1994)

JURY TRIAL (1st day) held on 2/1/94. Apps: Hill f/pltf; Gibson f/deft; granting in part, denying in part; [74-1] motion in limine; deferred in part - voir dire. Jury selected and sworn. terminated deadlines Ct Reporter: J Schaeffer. Continued to 2/2/94. (fmremp) (Entered: 02/03/1994)

JURY TRIAL (day 2) held on 2/2/94. Apps: Same as day one. Pltf evidence continues. Ct Reporter: J Schaeffer , filed. (fmremp) (Entered: 02/03/1994)

3rd Day Jury trial held before Judge Kenneth M. Hoyt; App: Same as day one. Pltf evidence continues. Ct Reporter: Schaffer (fmremp) (Entered: 02/09/1994)

Proposed AMENDED Jury instructions and Jury Questions by First Gibraltar Bank , filed (fmremp) Modified on 02/11/1994 (Entered: 02/11/1994)

4th Day Jury trial held before Judge Kenneth M. Hoyt Ct Reporter: J Schaeffer App: Hill f/pltf and Gibson f/deft. (fmremp) (Entered: 02/11/1994)

5th Day Jury trial held before Judge Kenneth M. Hoyt App: Same as first day. Ct Reporter: J Schaffer (fmremp) (Entered: 02/14/1994)

TRIAL BRIEF at the close of Pltf's Evidence and Before the Presentation of Deft's Evidence upon Questions relating to Pltf's Prima Facia Burden by Gordon D Simms , filed (fmremp) (Entered: 02/14/1994)

Defts BRIEF on Admissibility of HUD Determination Report by First Gibraltar Bank , filed. (fmremp) (Entered: 02/14/1994)

MOTION for directed verdict by First Gibraltar Bank, Motion Docket Date 3/1/94 [86-1] motion , filed. (fmremp) (Entered: 02/14/1994)

TRIAL MEMORANDUM OF LAW by First Gibraltar Bank , filed. (fmremp) (Entered: 02/14/1994)

Voir dire questions by First Gibraltar Bank , filed (fmremp) (Entered: 02/14/1994)

Supplemental Bill of Exceptions of Testimony of Scott Gesell by First Gibraltar Bank , filed (fmremp) (Entered: 02/14/1994)

TRANSCRIPT OF PROCEEDINGS of Excerpt of Proceedings for dates of 2/2/94 before Judge Hoyt , filed. ( Court Rptr: Schaefer) (fmremp) (Entered: 02/14/1994)

Proposed Jury instructions by Gordon D Simms , filed (fmremp) (Entered: 02/17/1994)

ORDER , to provide the jury, consisting of 7 members and one security personnel with their meal on the 10th day of February 1994. entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 02/14/1994)

Jury instructions, filed (fmremp) (Entered: 02/15/1994)

NOTICE of Receipt for Withdrawal of Exhibits by Raymond Hill, attny for Gordon D Simms , filed (fmremp) (Entered: 02/15/1994)

ORDER on Second Supplemental Bill of Exceptions on testimony of Scott Gesell. , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 02/16/1994)

SUPPLEMENT to [88-1] Bill of Exceptions on Testimony of Scott Gesell by First Madison Bank, First Gibraltar Bank , filed. (oeod 2/10/94) (fmremp) (Entered: 02/24/1994)

Jury notes filed (fmremp) (Entered: 02/15/1994)

JURY TRIAL held on 2/11/94. Jury finds for plaintiff in the amounts of $1,200,000 and $2,000,000. Motions for attnys fees to be submitted. Ct Reporter: J Schaeffer , filed. (fmremp) (Entered: 02/15/1994)

Exhibit list by First Gibraltar Bank , filed (fmremp) (Entered: 02/15/1994)

Exhibit list by Gordon D Simms , filed (fmremp) (Entered: 02/15/1994)

MOTION for recovery of attorney fees , and for expenses of costs and interest by Gordon D Simms, Motion Docket Date 3/10/94 [99-1] motion, 3/10/94 [99-2] motion , filed. (fmremp) (Entered: 02/24/1994)

RESPONSE by First Gibraltar Bank to [99-1] motion for recovery of attorney fees, [99-2] motion for expenses of costs and interest , filed. (fmremp) (Entered: 03/01/1994)