Case: White & Garcia, Et Al

NOTICE OF REMOVAL filed by Roy Charles Brooks, Devan Allen, B. Glen Whitley, Gary Fickes, J D Johnson, Heider Garcia. (Filing fee $402; receipt number 0539-13062970) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1 - Index of State Court Documents, # 2 Exhibit(s) 2 - State Court Docket Sheet, # 3 Exhibit(s) 3 - State Court Petition, # 4 Exhibit(s) 4 - Return of Service of Citations, # 5 Cover Sheet Civil Cover Sheet, # 6 Cover Sheet Supplement Supplemental Cover Sheet, # 7 Cover Sheet Supplement Certificate of Interested Persons) (Lund, Stephen) (Entered: 08/25/2022)

1 Exhibit(s) 1 - Index of State Court Documents

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2 Exhibit(s) 2 - State Court Docket Sheet

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3 Exhibit(s) 3 - State Court Petition

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4 Exhibit(s) 4 - Return of Service of Citations

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5 Cover Sheet Civil Cover Sheet

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6 Cover Sheet Supplement Supplemental Cover Sheet

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7 Cover Sheet Supplement Certificate of Interested Persons

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New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Ray assigned preliminarily assigned. No prior sanctions found. (For court use only - links to the national and circuit indexes.) File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (fba) (Entered: 08/25/2022)

Notice and Instruction to Pro Se Party. (fba) (Entered: 08/25/2022)

RESPONSE AND OBJECTION filed by Jennifer L White re: 1 Notice of Removal,,,,,, (Attachments: # 1 Proposed Order Case 348-335127-22, # 2 Additional Page(s) Notice of Software Upgrade, # 3 Additional Page(s) Case 348-335127-22 Certificate of Compliance) (White, Jennifer) (Entered: 08/26/2022)

MOTION to Dismiss filed by Devan Allen, Roy Charles Brooks, Gary Fickes, Heider Garcia, J D Johnson, B. Glen Whitley (Lund, Stephen) (Entered: 08/26/2022)

Brief/Memorandum in Support filed by Devan Allen, Roy Charles Brooks, Gary Fickes, Heider Garcia, J D Johnson, B. Glen Whitley re 5 MOTION to Dismiss (Lund, Stephen) (Entered: 08/26/2022)

ORDER: Before the Court is Defendants Motion to Dismiss, ECF No. 5, filed on August 26, 2022. Plaintiff shall file her response to the Motion on or before September 16, 2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/29/2022). (fba) (Entered: 08/29/2022)

REPLY filed by Devan Allen, Roy Charles Brooks, Gary Fickes, Heider Garcia, J D Johnson, B. Glen Whitley re: 4 Response/Objection, (Lund, Stephen) (Entered: 09/01/2022)

Brief/Memorandum in Support filed by Devan Allen, Roy Charles Brooks, Gary Fickes, Heider Garcia, J D Johnson, B. Glen Whitley re 8 Reply (Lund, Stephen) (Entered: 09/01/2022)

REPLY filed by Jennifer L White re: 5 MOTION to Dismiss (White, Jennifer) (Entered: 09/07/2022)

RESPONSE filed by Jennifer L White re: 8 Reply, 9 Brief/Memorandum in Support of Motion (White, Jennifer) (Entered: 09/07/2022)

REPLY filed by Devan Allen, Roy Charles Brooks, Gary Fickes, Heider Garcia, J D Johnson, B. Glen Whitley re: 5 MOTION to Dismiss (Lund, Stephen) (Entered: 09/12/2022)

FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned RECOMMENDS that United States District Judge Reed O'Connor GRANT Plaintiff's Motion to Remand IN PART and remand this case to the 348th Judic ial District Court of Tarrant County, Texas. ECF No. 4 . A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within fourteen days after being served with a copy. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/28/2022) (sre)

ORDER ACCEPTING 13 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is ORDERED that Plaintiff's Motion to Remand (ECF No. 4 ) is GRANTED IN PART to the limited extent that this case is remanded to the 348 th Judicial District Court of Tarrant County, Texas. Because the Court lacks subject matter jurisdiction over the case, the Court does not grant any other relief requested by White or the Defendant. (Ordered by Judge Reed C. O'Connor on 12/27/2022) (tjc)

JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that this case is REMANDED to the 348th Judicial District Court of Tarrant County, Texas. The Clerk shall return this case using the standard process and shall transmit a copy of this Judgment and the Order Accepting the Findings, Conclusions, and Recommendation of the United States Magistrate Judge to the parties. (Ordered by Judge Reed C. O'Connor on 12/27/2022) (tjc) (Entered: 12/27/2022)

NOTICE of Mailing - re: 14 Order on Findings and Recommendations on Case. Letter of remand mailed to state court with cert order and cert docket sheet. (Attachments: # 1 certified order of remand, # 2 certified docket sheet) (tjc) (Entered: 12/28/2022)