Federal Deposit Insurance Corporation v. Fyre Lake Ventures LLC et al
Federal Deposit Insurance Corporation and Bank of Commerce |
V2G Surveying LLC, Van Henkelum, Lynch & Associates, LLC, Paul Van Henkelum, James Gaugert, QC Silt Fence Inc, Jeffrey Frye, United States of America Internal Revenue Service, Illinois Department of Employment Security, Unknown Owners and Non-Record Claimants, Rock River Electric Inc, Midwest Golf Development Inc, 3-D Concrete Inc, Blair M Minton, Gregory Yates, Fyre Lake Ventures LLC, Jerome Epping, Gerald Lee and Kenneth E Hoffman, Jr. |
4:2013cv04001 |
January 2, 2013 |
US District Court for the Central District of Illinois |
Rock Island Office |
Adams |
Sara Darrow |
Jonathan E Hawley |
Real Property: Foreclosure |
12 U.S.C. § 1819 |
None |
Docket Report
This docket was last retrieved on June 16, 2017. A more recent docket listing may be available from PACER.
Document Text |
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TEXT ORDER: Pursuant to Minute Entry of 12/2/2014, this case was STAYED as to Defendant Minton. Dft Minton to file a Status Report regarding his bankruptcy case by 7/14/2017. Entered by Magistrate Judge Jonathan E. Hawley on 6/16/17. (WG, ilcd) |
Filing 151 NOTICE of Filing of Suggestion of Bankruptcy in re Kenneth Hoffman (Attachments: #1 Exhibit)(Kincaid, Jennifer) Modified on 6/14/2017 to add docket text and filer(WG, ilcd). |
Filing 150 MANDATE of USCA as to #134 Notice of Appeal (15-3326 and 15-3327) filed by Kenneth E Hoffman, Jr. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date.(KB, ilcd) |
Filing 149 ORDER of USCA as to #134 Notice of Appeal filed by Kenneth E Hoffman, Jr. (ED, ilcd) |
Filing 148 Receipt from Court of Appeals (15-3326) acknowledging receipt of 19 volumes of pleadings and 5 sealed documents. (KB, ilcd) |
Filing 147 AMENDED JUDGMENT entered on 3/29/2016. (ED, ilcd) Modified on 3/30/2016 to reflect this is an amended Judgment (LN, ilcd). |
Case Stayed. (KB, ilcd) |
TEXT ORDER entered by Judge Sara Darrow on March 24, 2016. The Court previously #118 ordered judgment entered on Count I as to Defendant Fyre Lake Ventures, LLC, and granted summary judgment as to all the guarantor-defendants who had not been dismissed from the case except Defendant Hoffman, who had claims pending relating to affirmative defenses. At that time, the Court determined pursuant Rule 54(b) that it was inappropriate to order the entry of final judgment as to the other guarantors until Hoffman's motions were resolved. Later, the Court #132 ordered judgment entered on Count V as to Defendant Hoffman. Now that judgment has been entered as to Hoffman, it is appropriate that judgment enter against all other remaining defendants who have not already been terminated from the case, except for Defendant Minton. (All proceedings have been stayed as to Minton, because of a #111 Suggestion of Bankruptcy.) The Clerk is directed to enter judgment against all defendants but Minton. Because the matter has been stayed as to Minton, Minute Entry 12/2/2014, and Minton is the only remaining defendant, this matter is STAYED. (SC, ilcd) |
Filing 146 Letter of Transmittal sent to USCA via email regarding #134 Notice of Appeal consisting of 14 volume of pleadings and 4 volumes of sealed documents. (Court of Appeals emailed back and requested the documents be placed on a CD. CD mailed to Court of Appealed on 3/22/2016) (LN, ilcd) |
Filing 145 Request from USCA for Long Record re #134 Notice of Appeal (15-3326). (KB, ilcd) |
Filing 144 Third Party Citation to Discover Assets issued; returned to attorney(s) for service. (ED, ilcd) |
Filing 143 ORDER of USCA as to #134 Notice of Appeal filed by Kenneth E Hoffman, Jr. (15-3326) Upon consideration of the MOTION FOR STAY AND FOR WAIVER OFSUPERSEDEAS BOND, filed on December 22, 2015, by counsel for the appellant,IT IS ORDERED that the motion for stay or waiver of supersedeas bond isDENIED. If he seeks to stay the enforcement of the judgments pending resolution of the appeals, the appellant shall comply with the provisions of Fed. R. Civ. P. 62.(KB, ilcd) |
TEXT ORDER entered by Judge Sara Darrow on December 8, 2015. Plaintiff's #142 Motion to Discharge Receiver is GRANTED. The Court #118 granted Plaintiff's #85 Motion for Summary Judgment seeking foreclosure of the real property at issue in this case. The report of sale was #131 confirmed by the Court. Thus, in accordance with to 735 ILCS 5/15-1704, the property at issue having been sold, the Receiver, Stephen R. Saunders, who was #37 appointed by the Court on March 29, 2013, is now discharged. The Receiver's bond shall be released and returned to the Receiver. (SC, ilcd) |
Filing 142 MOTION Discharge Receiver by Plaintiff Bank of Commerce. Responses due by 12/24/2015 (Richards, Paul) |
Filing 141 +++ SEALED DOCUMENT - 5th and Final Receiver's Report . (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8, #8 part 9) (KB, ilcd) |
TEXT ORDER entered by Judge Sara Darrow on October 29, 2015. Defendant Hoffman #136 moves for a stay of the enforcement of the judgment #133 entered against him. A defendant who loses may stay the enforcement of judgment against him automatically, during the course of an appeal, by a supersedeas bond. Fed. R. Civ. P. 62(d). He may also seek a stay under alternative terms if he is willing to "throw himself on the district judge's discretion." N. Indiana Pub. Serv. Co. v. Carbon Cnty. Coal Co., 799 F.2d 265, 281 (7th Cir. 1986). "The purpose of a supersedeas bond is to preserve the status quo while protecting the non-appealing party's rights pending appeal." Poplar Grove Planting & Ref. Co. v. Bache Halsey Stuart, Inc., 600 F.2d 1189, 119091 (5th Cir. 1979). Courts may have reason to deviate from the bond requirement of Rule 62(d) and grant a stay secured by some other amount when either a defendant's ability to pay is so plain that requiring a bond would be a waste of money, or when a large bond would put other creditors in jeopardy. Olympia Equip. Leasing Co. v. W. Union Tel. Co., 786 F.2d 794, 796 (7th Cir. 1986). In determining whether to grant a stay of any order pending appeal, courts must consider (1) whether the stay applicant has made a showing of likely success on the merits, (2) whether he will be irreparably harmed absent the stay, (3) whether other parties will be injured by the stay, and (4) where the public interest lies. Hilton v. Braunskill, 481 U.S. 770, 776, (1987). Hoffman does not address how his solvency affects the appropriate size of any supersedeas bond he might pay; he merely asserts in a conclusory fashion that he has a high likelihood of success on the merits of his appeal and that he would suffer irreparable harm if the stay did not enter. Hoffman Mot. 2. Hoffman says nothing about the state of his finances, and so makes no showing as to irreparable harm. Furthermore, the Court notes that it described Hoffman's legal theory, upon which he based his motions for summary judgment, and upon which he claims he will base his appeal, as "beggar[ing] belief." Sept. 29, 2015 Order 10, #132 . Hoffman does nothing to convince the Court that his success before an appellate court on that theory is likely. Accordingly, Hoffman's motion is DENIED. (SC, ilcd) |
Filing 140 RESPONSE to Motion re #136 MOTION to Stay re #133 Judgment filed by Plaintiff Bank of Commerce. (Richards, Paul) |
Filing 139 NOTICE of Docketing Record on Appeal from USCA re #134 Notice of Appeal filed by Kenneth E Hoffman, Jr.. USCA Case Number 15-3326. (KB, ilcd) |
TEXT ORDER entered by Judge Sara Darrow on October 20, 2015. Plaintiff is directed to respond to Defendant Hoffman's #136 Motion for Stay by October 30, 2015. (SC, ilcd) |
Filing 138 Short Record of Appeal Sent to US Court of Appeals re #134 Notice of Appeal (ME, ilcd) |
Filing 137 TRANSCRIPT REQUEST by Kenneth E Hoffman, Jr for proceedings held on 09/29/2015 before Judge Darrow, (Kincaid, Jennifer) |
Filing 136 MOTION to Stay re #133 Judgment by Defendant Kenneth E Hoffman, Jr. Responses due by 11/5/2015 (Kincaid, Jennifer) |
Filing 135 DOCKETING STATEMENT by Kenneth E Hoffman, Jr re #134 Notice of Appeal (Kincaid, Jennifer) |
Filing 134 NOTICE OF APPEAL as to #132 Order on Motion for Summary Judgment by Kenneth E Hoffman, Jr. Filing fee $505, receipt number 0753-2182176. (Kincaid, Jennifer) Modified on 10/23/2015 for grammer (ED, ilcd). |
Filing 133 JUDGMENT entered. (ED, ilcd) |
Filing 132 ORDER entered by Judge Sara Darrow on September 29, 2015. Plaintiff's #116 Motion for Summary Judgment is GRANTED, and Defendant Hoffman's #121 Motion for Summary Judgment is DENIED. Summary judgment is granted for Plaintiff on Count V of its #45 Amended Complaint as specified in the attached Order. Although other claims against other parties remain in this case, the Court finds that there is no just reason for delay of entry of final judgment as to Hoffman, pursuant to Rule 54(b), and directs the Clerk to enter judgment as to Hoffman. (SC, ilcd) |
Filing 131 ORDER entered by Judge Sara Darrow on September 3, 2015. Plaintiff's #124 Motion to Confirm Report of Sale and Distribution and for Possession by Plaintiff is GRANTED. Plaintiff's #130 Proposed Order Confirming Sale and Distribution / Order of Possession is MOOT. (SC, ilcd) |
Filing 130 Proposed MOTION for Order Confirming Sale and Sistribution and for Possession by Plaintiff Bank of Commerce. Responses due by 8/24/2015 (Richards, Paul) |
TEXT ORDER entered by Judge Sara Darrow on August 5, 2015. Plaintiff has moved #124 for an order confirming the report of sale filed with the motion. In order to assist the Court in entering such an order, the Court requests that Plaintiff file a proposed draft confirmation order. It will especially expedite the Court's issuance of such an order if any draft order submitted is filed as a "native".pdf file, rather than a scanned one. (SC, ilcd) |
Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone Attys Douglas Lindstrom, Kenneth Carlson, and Jennifer Kincaid for a Status Conference on Tuesday, 7/28/2015. Discussion held re: bankruptcy stay. Court directs parties to file written notice to the Court at which time parties so desire the bankruptcy stay to be lifted. (JRK, ilcd) Modified on 7/28/2015 for clerical error(JRK, ilcd). |
Filing 129 +++ SEALED DOCUMENT - 4th Receivers Report.. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15) (KB, ilcd) |
Filing 128 TEXT ORDER: Status Conference set for Tuesday, 7/28/2015 at 2:00 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. (Call-in instructions are attached). Entered by Magistrate Judge Jonathan E. Hawley on 5/29/15.(WG, ilcd) |
Filing 127 Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone Attys Paul Richards, Amy Hansen, Kenneth Carlson, Jack Dane, John Harris, and Douglas Lindstrom for a Rule 16 Scheduling Conference for case 12-4014 and a Motion Hearing for cases 12-4014, 13-4001, and 13-4076 on Friday, 5/29/2015 - only Motion Hearing held. Discussion held re: status of all three cases and the following Motions: 12-4014 d/e 74 & 75 ; 13-4001 d/e #125 & #126 ; 13-4076 d/e 14 & 15. In light of parties representations, as to case 12-4014, Court defers setting a schedule until the bankruptcy stay is lifted. As to the Motions, Court GRANTS the Motions to Withdraw as to Attys Amy Hansen and Daniel Lynch (12-4014 d/e 74 & 75 ; 13-4001 d/e #125 & #126 ; 13-4076 d/e 14 & 15). SO ORDERED. Parties discuss possible consent to proceeding before Magistrate Judge. Clerk directed to attach appropriate forms. Case to set for further Status Conference by Text Order. (JRK, ilcd) |
NOTICE of Hearing on Motions: A Motion Hearing is set for Friday, 5/29/2015 at 10:00 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley in conjunction with the Rule 16 Scheduling Conference and Motion Hearing set in case 12-4014. The pending Motions to Withdraw in both this case ( #125 & #126 ) and the related case (12-4014) will be considered by the Court at that time.(JRK, ilcd) |
Filing 126 MOTION to Withdraw as Attorney by Defendant Blair M Minton. Responses due by 6/1/2015 (Hansen, Amy) |
Filing 125 MOTION to Withdraw as Attorney by Defendant Blair M Minton. Responses due by 6/1/2015 (Lynch, Daniel) |
Filing 124 MOTION Confirm Report of Sale and Distribution and for Possession by Plaintiff Bank of Commerce. Responses due by 5/29/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Richards, Paul) |
Filing 123 BRIEF Reply re #121 Cross MOTION for Summary Judgment by Kenneth E Hoffman, Jr. (Kincaid, Jennifer) |
Filing 122 RESPONSE to Motion re #121 Cross MOTION for Summary Judgment filed by Plaintiff Bank of Commerce. (Richards, Paul) |
Filing 121 Cross MOTION for Summary Judgment by Defendant Kenneth E Hoffman, Jr. Responses due by 4/20/2015 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Kincaid, Jennifer) |
Filing 120 JUDGMENT entered. (KB, ilcd) |
Filing 119 REPLY to Response to Motion re #116 MOTION for Summary Judgment Against Defendant Kenneth Hoffman filed by Plaintiff Bank of Commerce. (Richards, Paul) |
Filing 118 ORDER entered by Judge Sara Darrow on March 13, 2015. Plaintiff's #85 Motion for Summary Judgment on its foreclosure claim is GRANTED against Fyre Lake Ventures, LLC. Plaintiff's #86 Motion for Summary Judgment against certain of the guarantors is GRANTED IN PART, as to Yates and Frye, and DENIED IN PART as to Minton, Epping, Gaugert and Lee, for the reasons explained in the attached Order. Hoffman's #89 Motion for Summary Judgment is DENIED. Plaintiff's #112 Motion for Default Judgment against Van Henkelum is GRANTED. Lee's #105 Motion for Extension of Time is MOOT. Plaintiff's #106 Motion to Expedite and its #115 Motion for Status Conference are MOOT. Pursuant to Rule 54(b), the Court finds that there is no just reason to delay entry of judgment as to Plaintiff's foreclosure claim, Count I of the #45 Amended Complaint. The Clerk is directed to enter judgment as to Count I. However, the Court declines at this time to enter judgment as to the other guarantors, in light of Plaintiff's pending #116 Motion for Summary Judgment against Hoffman as a guarantor.(SC, ilcd) (Additional attachment(s) added on 4/9/2015: #1 Exhibit A) (LN, ilcd). |
Filing 117 RESPONSE to Motion re #116 MOTION for Summary Judgment Against Defendant Kenneth Hoffman filed by Defendant Kenneth E Hoffman, Jr. (Attachments: #1 Exhibit Settlement Agreement & Relese, #2 Exhibit Paul Richards Deposition, #3 Exhibit Kenneth Hoffman Deposition, #4 Exhibit Erica Covey Deposition, #5 Exhibit Barbara Hoffman Deposition)(Kincaid, Jennifer) |
Filing 116 MOTION for Summary Judgment Against Defendant Kenneth Hoffman by Plaintiff Federal Deposit Insurance Corporation. Responses due by 3/12/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Richards, Paul) |
TEXT ORDER granting #114 Motion to Substitute Party. As no response to the Motion to Substitute was filed, the Court presumes there is no opposition to the Motion pursuant to Local Rule 7.1(B)(2). Accordingly, Federal Deposit Insurance Corporation, as Receiver for Country Bank is terminated, and Bank of Commerce is substituted in as party Plaintiff. Entered by Magistrate Judge Jonathan E. Hawley on 1/16/2015. (KZ, ilcd) |
Filing 115 MOTION for Hearing Status and Case Management Conference by Plaintiff Federal Deposit Insurance Corporation. Responses due by 1/23/2015 (Richards, Paul) |
Filing 114 MOTION to Substitute Party, Federal Deposit Insurance Corporation as Receiver for Country Bank to be replaced by Bank of Commerce, as assignee and successor-in-interest by Plaintiff Federal Deposit Insurance Corporation. Responses due by 1/15/2015 (Richards, Paul) |
TEXT ORDER entered by Judge Sara Darrow on December 4, 2014. Plaintiff FDIC and Defendant Gerald Lee have indicated #110 that they wish the FDICs complaint against Lee to be dismissed with prejudice. The Court orders it so dismissed, pursuant to Federal Rule of Civil Procedure 41(a)(2). The Clerk is directed to terminate Defendant Lee from the case. (SC, ilcd) |
Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone Attys Paul Richards and Amy Hansen for a Status Conference on Tuesday, 12/2/2014. Discussion held re: Suggestion of Bankruptcy as to Dft Blair Minton. Court orders case STAYED as to Dft Minton. (JRK, ilcd) |
Remark: Pursuant to Stipulation of Dismissal, Defendants Jerome Epping and James Guaght are terminated. (ED, ilcd) |
Filing 113 STIPULATION of Dismissal as to Defendants Jerome Epping and James Gaugert by Federal Deposit Insurance Corporation. (Richards, Paul) |
ENTRY OF DEFAULT - Entered on 11/25/2014 against Paul Van Henkelum. (LN, ilcd) |
TEXT ORDER: The docket in this case reflects that the Defendant, Paul Van Henkelum, was served on March 10, 2013. The Defendant's answer or other responsive pleading was due on April 1, 2013. No answer or other responsive pleading has been filed. Because the Defendant has failed to plead or defend, the Clerk is directed to enter the Defendant's default pursuant to FRCP 55(a). The Motion for Entry of Default Judgment against Defendant Paul Van Henkelum remains pending before the District Judge. Entered by Magistrate Judge Jonathan E. Hawley on 11/25/2014. (KZ, ilcd) |
Filing 112 MOTION for Default Judgment against Defendant Paul Van Henkelum by Plaintiff Federal Deposit Insurance Corporation. Responses due by 12/11/2014 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Richards, Paul) |
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Status Conference set for 12/2/2014 at 1:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. This status conference is set along with status conferences in cases 12-4014 and 13-4076. Entered on 11/13/14. (WG, ilcd) |
Filing 111 SUGGESTION OF BANKRUPTCY Upon the Record as to Blair Minton by Blair M Minton. (Hansen, Amy) |
Filing 110 STIPULATION re Order on Motion for Extension of Time to File re Settlement Agreement and Release by Gerald Lee.. (Kallick, David) |
Filing 109 Joint MOTION for Extension of Time to File Settlement Documents by Defendants Jerome Epping, James Gaugert. Responses due by 11/3/2014 (Hughes, Micah) |
TEXT ORDER granting #109 Motion for Extension of Time to File. Settlement Papers ddl extended from 10/17/14 to 11/7/2014. Entered by Magistrate Judge Jonathan E. Hawley on 10/17/14. (WG, ilcd) |
TEXT ORDER granting #108 Joint Motion to Extend Date for Submission of Settlement Documents. Settlement documents must now be filed by 10/17/2014. Entered by Magistrate Judge Jonathan E. Hawley on 9/26/2014. (KZ, ilcd) |
Filing 108 Joint MOTION for Extension of Time to File Submission of Settlement Documents by Defendants Jerome Epping, James Gaugert. Responses due by 10/17/2014 (Hughes, Micah) |
Minute Entries for proceedings held before Magistrate Judge Jonathan E. Hawley on Tuesday, 8/26/2014 at 1:30 p.m for Settlement Conference same held. Parties present in open court by Attorney Paul J. Richards for Plaintiff FDIC and Attorneys Micah Jon Hughes and Thomas Gene Gardiner for Defendants James Gaugert and Jerome Epping. Settlement was reached and parties are to file settlement documents by 9/25/2014. (Tape #RI-C 1:26.) (LN, ilcd) |
Filing 107 RESPONSE to Motion re #86 MOTION for Summary Judgment on Counts III, IV, VII, VIII, IX and X filed by Defendant Gerald Lee. (Kallick, David) |
Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone Atty Paul Richards on behalf of Pla FDIC, Atty Amy Hansen on behalf of Dfts Fyre Lake Ventures and Blair Minton, Atty Jennifer Kincaid on behalf of Dft Kenneth Hoffman, Jr., Atty David Kallick on behalf of Dft Gerald Lee, and Atty Micah Hughes on behalf of Dfts Jerome Epping and James Gaugert for a Status Conference on Thursday, 8/7/2014. Discussion held re: Settlement Conference. Case 13-4080 and 13-4001 remain set for a Settlement Conference on 8/26/2014 as to Pla FDIC and Dfts Jerome Epping and James Gaugert. Those parties involved are reminded to submit settlement statement directly to the Court by 8/20/2014. (See 7/10/2014 Text Order in Case 13-4001, 13-4080.) (JRK, ilcd) |
Filing 106 MOTION to Expedite Ruling on Plaintiff's Motion for Summary Judgment as to Count I of Plaintiff's Amended Verified Complaint by Plaintiff Federal Deposit Insurance Corporation. Responses due by 8/22/2014 (Richards, Paul) |
Filing 105 MOTION for Extension of Time to File Answer re #86 MOTION for Summary Judgment by Defendant Gerald Lee. Responses due by 8/4/2014 (Attachments: #1 Text of Proposed Order)(Kallick, David) |
Filing 104 +++ SEALED DOCUMENT Receiver's Third Report. (Attachments: #1 Supplement Part 2, #2 Supplement Part 3, #3 Supplement Part 4, #4 Supplement Part 5)(LN, ilcd) |
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: By agreement of the parties, a Settlement Conference is set for 8/26/2014 at 1:30 PM in person in chambers in Rock Island before Magistrate Judge Jonathan E. Hawley. Persons with settlement authority to be present in person. Parties to submit directly to chambers a settlement statement stating their position in regard to settlement by 8/20/14. This shall include history of offers and demands along with a brief statement of position on facts and legal issues. Do not file this statement with the clerk office or exchange with opposing parties. Parties have leave of court to email the statement directly to chambers at hawley@ilcd.uscourts.gov. Entered on 7/10/14. (WG, ilcd) |
TEXT ORDER by Magistrate Judge Jonathan E. Hawley clarifying the minute entry of 7/7/14: Motion to continue [#12] filed in 13-4080 was granted. The Settlement conference set on 7/15/14 in Rock Island is VACATED. A further Status Conference set for 8/7/2014 at 1:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered on 7/8/14. (WG, ilcd) |
Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Attys P. Richards/J. Kincaid/D. Kallick/M. Hughes/P. Wenker for Status Conference held on 7/7/2014. Discussion held regarding upcoming Settlement Conference. The Court GRANTS #12 Motion to Continue Settlement Conference in case 14-4080. The Court directs the parties to have persons with settlement authority present IN PERSON for the Settlement Conference. Case set for further Status Conference on 8/7/2014 at 1:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. (FDT, ilcd) |
Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Attorneys Paul Richards/Amy Hansen/Kenneth Carlson/Zach Stern/Jennifer Kincaid/Micah Hughes/Douglas Lindstrom/Jeffrey McDaniel for Motion Hearing held on 6/16/2014. Discussion held regarding #84 MOTION Settlement Conference filed by James Gaugert, Jerome Epping and #88 MOTION for Settlement Conference filed by Blair M Minton, Fyre Lake Ventures LLC. The Court GRANTS #84 MOTION Settlement Conference filed by James Gaugert, Jerome Epping. Settlement Conference is set for 7/15/2014 at 01:30 PM in Rock Island Courtroom before Magistrate Judge Jonathan E. Hawley along with 13-4080 for defendants Jerome Epping and James Gaugert. Persons with settlement authority to be present in person. Parties to submit directly to chambers a settlement statement stating their position in regard to settlement by 07/10/2014. This shall include history of offers and demands along with a brief statement of position on facts and legal issues. Do not file this statement with the clerk's office or exchange with opposing parties. Parties have leave of court to email the statement directly to chambers at hawley@ilcd.uscourts.gov. The Court DENIES #88 MOTION for Settlement Conference filed by Blair M Minton, Fyre Lake Ventures LLC. P. A Pre-Settlement conference call will be on 7/7/2014 at 11:15 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley for Plaintiff FDIC and Defendants Jerome Epping and James Gaugert only. (JS, ilcd) |
TEXT ORDER Setting Motion Hearing in re #84 MOTION Settlement Conference and #88 MOTION for Settlement Conference. Motion Hearing set for 6/16/2014 at 10:30 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered by Magistrate Judge Jonathan E. Hawley on 5/30/14. (WW, ilcd) |
Magistrate Judge Jonathan E. Hawley added. (LN, ilcd) |
Filing 103 REPLY to Response to Motion re #86 MOTION for Summary Judgment filed by Plaintiff Federal Deposit Insurance Corporation. (Richards, Paul) |
Filing 102 RESPONSE to Motion re #86 MOTION for Summary Judgment filed by Defendant Blair M Minton. (Attachments: #1 Exhibit 1)(Lynch, Daniel) |
Filing 101 REPLY to Response to Motion re #89 MOTION for Summary Judgment filed by Defendant Kenneth E Hoffman, Jr. (Kincaid, Jennifer) |
Filing 100 RESPONSE to Motion re #88 MOTION for Settlement Conference filed by Plaintiff Federal Deposit Insurance Corporation. (Richards, Paul) |
Filing 99 RESPONSE to Motion re #85 MOTION for Summary Judgment filed by Defendant Gregory Yates. (Carlson, Kenneth) |
Filing 98 REPLY to Response to Motion re #85 MOTION for Summary Judgment filed by Plaintiff Federal Deposit Insurance Corporation. (Richards, Paul) |
Filing 97 Exhibit re #85 MOTION for Summary Judgment Proposed Order by Federal Deposit Insurance Corporation. (Richards, Paul) |
Filing 96 AFFIDAVIT re #85 MOTION for Summary Judgment by Federal Deposit Insurance Corporation. (Richards, Paul) |
Filing 95 AFFIDAVIT re #85 MOTION for Summary Judgment by Federal Deposit Insurance Corporation. (Richards, Paul) |
Filing 94 RESPONSE to Motion re #89 MOTION for Summary Judgment filed by Plaintiff Federal Deposit Insurance Corporation. (Richards, Paul) |
Filing 93 RESPONSE to Motion re #85 MOTION for Summary Judgment filed by Defendants Fyre Lake Ventures LLC, Blair M Minton. (Lynch, Daniel) |
Filing 92 CERTIFICATE of Service. (Kincaid, Jennifer) |
Filing 91 STATEMENT OF FACTS undisputed by Kenneth E Hoffman, Jr. (Kincaid, Jennifer) |
Filing 90 MEMORANDUM re #89 MOTION for Summary Judgment by Kenneth E Hoffman, Jr. (Kincaid, Jennifer) |
Filing 89 MOTION for Summary Judgment by Defendant Kenneth E Hoffman, Jr. Responses due by 5/30/2014 (Attachments: #1 Exhibit)(Kincaid, Jennifer) |
Filing 88 MOTION for Settlement Conference by Defendants Fyre Lake Ventures LLC, Blair M Minton. Responses due by 5/19/2014 (Lynch, Daniel) |
Filing 87 RESPONSE to Motion re #85 MOTION for Summary Judgment filed by Defendant Kenneth E Hoffman, Jr. (Kincaid, Jennifer) |
Filing 86 MOTION for Summary Judgment by Plaintiff Federal Deposit Insurance Corporation. Responses due by 5/22/2014 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Richards, Paul) |
Filing 85 MOTION for Summary Judgment by Plaintiff Federal Deposit Insurance Corporation. Responses due by 5/5/2014 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Richards, Paul) |
Filing 84 MOTION Settlement Conference by Defendants Jerome Epping, James Gaugert. Responses due by 4/18/2014 (Hughes, Micah) |
Filing 83 NOTICE of foreclosure by Federal Deposit Insurance Corporation (Richards, Paul) |
TEXT ORDER entered by Judge Sara Darrow on February 20, 2014, DENYING without prejudice Plaintiff's #75 Motion for Forfeiture/Foreclosure, which, together with Plaintiff's #81 Reply in Support of its Motion, demonstrates an ongoing confusion about the differences between state and federal foreclosure proceedings in Illinois. For example, Plaintiff's proposed Judgment of Foreclosure and Sale provides for publication for notice of sale for only three consecutive weeks, Pl.'s #75 Mot. Forfeiture/Foreclosure, Exhibit C para. 10, which meets the Illinois Mortgage Foreclosure Law (IMFL) requirement, 735 ILCS 5/15-1507(c)(2), but federal law requires four, 28 U.S.C. 2002. In addition, under the Erie doctrine, "federal courts in diversity cases (and any other cases in which state law supplies the rule of decision) apply state 'substantive' law but federal 'procedural' law." Gacek v. Am. Airlines, Inc., 614 F.3d 298, 301 (7th Cir. 2010). Contrary to Plaintiff 's claim in its #81 Reply, the procedural vehicle in federal court to assert that "there is no genuine issue of material fact and Plaintiff is entitled to summary judgment," Pl.'s #75 Mot. Forfeiture/Foreclosure para. 7, is a motion for summary judgment under Federal Rule of Civil Procedure 56, and in accordance with Central District of Illinois Local Rule 7.1(D). This Court is aware of no federal case in which a Judgment of Foreclosure and Sale has entered absent a prior grant of default judgment or summary judgment, and does not see how it could do so here. The #82 Motion to Expedite is MOOT. (MRD, ilcd) |
Filing 82 MOTION to Expedite by Plaintiff Federal Deposit Insurance Corporation. Responses due by 3/3/2014 (Richards, Paul) |
Filing 81 REPLY to Response to Motion re #75 MOTION for Forfeiture/Foreclosure filed by Plaintiff Federal Deposit Insurance Corporation. (Richards, Paul) |
Filing 80 RESPONSE to Motion re #75 MOTION for Forfeiture/Foreclosure filed by Defendants Fyre Lake Ventures LLC, Blair M Minton. (Lynch, Daniel) |
TEXT ORDER entered by Judge Sara Darrow on November 4, 2013, GRANTING Defendants Fyre Lake and Minton's #78 Motion for Extension of Time to Respond to Motion for Entry of Judgment of Foreclosure and Sale. Defendants' new deadline to respond is November 14, 2013. (MRD, ilcd) |
Filing 79 +++ SEALED DOCUMENT - 2nd Receivers Report.. (KB, ilcd) |
Filing 78 MOTION for Extension of Time to File Response/Reply as to #75 MOTION for Forfeiture/Foreclosure by Defendants Fyre Lake Ventures LLC, Blair M Minton. Responses due by 11/1/2013 (Lynch, Daniel) |
Filing 77 ANSWER to #45 Amended Complaint, by Kenneth E Hoffman, Jr. (Attachments: #1 Exhibit Settlement Agreement and Release)(Kincaid, Jennifer) |
Filing 76 STIPULATION of Dismissal by QC Silt Fence Inc. (McDaniel, Jeffrey) |
Filing 75 MOTION for Forfeiture/Foreclosure by Plaintiff Federal Deposit Insurance Corporation. Responses due by 10/15/2013 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Richards, Paul) |
Filing 74 ORDER entered by Judge Sara Darrow on September 27, 2013, DENYING Defendant's #23 Motion to Dismiss, and #53 Motion to Dismiss the Amended Complaint.(MRD, ilcd) |
Filing 73 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. V2G Surveying LLC served on 8/9/2013, answer due 8/30/2013. (Richards, Paul) |
Filing 72 ANSWER to #45 Amended Complaint, by Van Henkelum, Lynch & Associates, LLC.(Stengel, William) |
Filing 71 ANSWER to #66 Answer to Amended Complaint, Counterclaim,, by Fyre Lake Ventures LLC, Blair M Minton.(Lynch, Daniel) |
Filing 70 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Van Henkelum, Lynch & Associates, LLC served on 7/19/2013, answer due 8/9/2013. (Richards, Paul) |
Filing 69 ANSWER to #45 Amended Complaint, by United States of America Internal Revenue Service.(Campbell, John) |
Filing 68 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Midwest Golf Development Inc served on 6/25/2013, answer due 7/16/2013. (Richards, Paul) |
Filing 67 Alias Summons Issued as to Van Henkelum, Lynch & Associates, LLC. (KB, ilcd) |
Filing 66 ANSWER to #45 Amended Complaint, , COUNTERCLAIM against 3-D Concrete Inc, Federal Deposit Insurance Corporation, Fyre Lake Ventures LLC, Illinois Department of Employment Security, Midwest Golf Development Inc, Rock River Electric Inc, United States of America Internal Revenue Service, Unknown Owners and Non-Record Claimants, V2G Surveying LLC, Van Henkelum, Lynch & Associates, LLC by QC Silt Fence Inc. (Attachments: #1 Exhibit)(McDaniel, Jeffrey) |
Filing 65 NOTICE of Appearance of Attorney by Jeffrey C McDaniel on behalf of QC Silt Fence Inc (McDaniel, Jeffrey) |
Filing 64 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Illinois Department of Employment Security served on 6/26/2013, answer due 7/17/2013. (Richards, Paul) |
Filing 63 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. QC Silt Fence Inc. served on 6/25/2013. (MZ, ilcd) |
Filing 62 Alias Summons Issued as to V2G Surveying LLC. (MZ, ilcd) |
Filing 61 Summons Returned Unexecuted by Federal Deposit Insurance Corporation as to V2G Surveying LLC. (MZ, ilcd) |
Filing 60 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. QC Silt Fence Inc served on 6/25/2013, answer due 7/16/2013. (Richards, Paul) |
Filing 59 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Rock River Electric Inc served on 6/21/2013, answer due 7/12/2013. (Richards, Paul) |
Filing 58 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. 3-D Concrete Inc served on 6/20/2013, answer due 7/11/2013. (Richards, Paul) |
Filing 57 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. United States of America Internal Revenue Service served on 6/21/2013, answer due 8/20/2013. (Richards, Paul) |
Filing 56 RESPONSE to Motion re #53 Amended MOTION to Dismiss filed by Plaintiff Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Richards, Paul) |
Filing 55 PROTECTIVE ORDER entered by Judge Sara Darrow on 6/25/2013. The Court hereby grants #39 Motion for Stipulated Protective Order, subject to the express condition (as stated in the accompanying Order) that all parties seeking to file a document under seal comply with the requirements of Local Rule 5.10. (EC, ilcd) |
Filing 54 MEMORANDUM re #53 Amended MOTION to Dismiss by Kenneth E Hoffman, Jr. (Kincaid, Jennifer) |
Filing 53 Amended MOTION to Dismiss by Defendant Kenneth E Hoffman, Jr. Responses due by 7/5/2013 (Kincaid, Jennifer) |
Filing 52 ANSWER to #45 Amended Complaint, by James Gaugert.(Hughes, Micah) |
Filing 51 ANSWER to #45 Amended Complaint, by Jerome Epping.(Hughes, Micah) |
Filing 50 Defendant Jeffrey Frye's ANSWER to #45 Amended Complaint, by Jeffrey Frye.(Lindstrom, Douglas) |
Filing 49 ANSWER to #45 Amended Complaint, by Fyre Lake Ventures LLC, Blair M Minton.(Lynch, Daniel) |
Filing 48 Summons Issued as to 3-D Concrete Inc, Illinois Department of Employment Security, Midwest Golf Development Inc, QC Silt Fence Inc, Rock River Electric Inc, United States of America Internal Revenue Service, V2G Surveying LLC, Van Henkelum, Lynch & Associates, LLC. (KB, ilcd) |
Filing 47 Verified ANSWER to #45 Amended Complaint, and Affirmative Defenses by Gerald Lee.(Kallick, David) |
Filing 46 Verified ANSWER to #45 Amended Complaint, by Gregory Yates.(Carlson, Kenneth) |
Filing 45 AMENDED COMPLAINT against All Defendants, filed by Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Richards, Paul) |
Filing 44 CERTIFICATE of Publication. (Richards, Paul) |
Filing 43 +++ SEALED DOCUMENT - ORIGINAL DOCUMENT UNREDACTED - Receiver's Status Report (KB, ilcd) |
Filing 42 Verified ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Gregory Yates.(Carlson, Kenneth) |
TEXT ORDER entered by Judge Sara Darrow on 4/29/2013 GRANTING #41 Defendant Yates's unopposed Motion for Extension of Time to Respond to Complaint. Yates shall respond to the Complaint on or before May 13, 2013. (EC, ilcd) |
Filing 41 MOTION for Extension of Time to File Answer by Defendant Gregory Yates. Responses due by 4/29/2013 (Attachments: #1 Exhibit)(Carlson, Kenneth) |
Filing 40 NOTICE of Appearance of Attorney by Kenneth A Carlson on behalf of Gregory Yates (Carlson, Kenneth) |
Filing 39 MOTION for Protective Order by Defendants Jerome Epping, James Gaugert. Responses due by 4/22/2013 (Attachments: #1 Text of Proposed Order)(Hughes, Micah) |
Filing 38 Receiver's BOND from Stephen R Saunders, RLI Insurance Company in the amount of $10,000. (Original Bond placed in file) (KB, ilcd) |
Filing 37 ORDER entered by Judge Sara Darrow on 3/29/2013 granting #22 Plaintiff's unopposed Motion to Appoint Receiver. The Court also grants #36 Motion to Expedite. (EC, ilcd) Modified on 4/1/2013 to reflect correct motion number (MZ, ilcd). |
Filing 36 MOTION Expedite Ruling on Motion to Appoint Receiver re #22 MOTION to Appoint Receiver by Plaintiff Federal Deposit Insurance Corporation. (Richards, Paul) Modified on 4/1/2013 (MZ, ilcd). |
Filing 35 ANSWER to #1 Complaint,, AND AFFIRMATIVE DEFENSES by Fyre Lake Ventures LLC, Blair M Minton.(Lynch, Daniel) |
Filing 34 ANSWER to #1 Complaint,, AND AFFIRMATIVE DEFENSES by James Gaugert.(Hughes, Micah) |
Filing 33 ANSWER to #1 Complaint,, AND AFFIRMATIVE DEFENSES by Jerome Epping.(Hughes, Micah) |
TEXT ORDER entered by Judge Sara Darrow on 3/22/2013. Document #31 Answer to Complaint filed by Gerald Lee is hereby STRICKEN as it is duplicative of #32 .(MZ, ilcd) |
Filing 32 Verified ANSWER to #1 Complaint,, AND AFFIRMATIVE DEFENSES by Gerald Lee.(Kallick, David) |
Filing 31 STRICKEN PURSUANT TO TEXT ORDER DATED 3/22/2013 Verified ANSWER to #1 Complaint,, AND AFFIRMATIVE DEFENSES by Gerald Lee.(Kallick, David) Modified on 3/22/2013 (MZ, ilcd). |
Filing 30 NOTICE of Appearance of Attorney by Amy Joy Hansen on behalf of Fyre Lake Ventures LLC, Blair M Minton (Hansen, Amy) |
Filing 29 RESPONSE to Motion re #23 MOTION to Dismiss filed by Plaintiff Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Richards, Paul) |
Filing 28 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Paul Van Henkelum served on 3/10/2013, answer due 4/1/2013. (Richards, Paul) |
Filing 27 Alias Summons Issued as to Paul Van Henkelum. (KB, ilcd) |
Filing 26 Summons Returned Unexecuted by Federal Deposit Insurance Corporation as to Paul Van Henkelum. (KB, ilcd) |
Filing 25 CERTIFICATE OF SERVICE by Kenneth E Hoffman, Jr re #23 MOTION to Dismiss , #24 Memorandum (Kislia, Jennifer) |
Filing 24 MEMORANDUM re #23 MOTION to Dismiss by Kenneth E Hoffman, Jr. (Kislia, Jennifer) |
Filing 23 MOTION to Dismiss by Defendant Kenneth E Hoffman, Jr. Responses due by 3/14/2013 (Kislia, Jennifer) |
Filing 22 MOTION to Appoint Receiver by Plaintiff Federal Deposit Insurance Corporation. Responses due by 3/11/2013 (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Richards, Paul) |
TEXT ORDER entered by Judge Sara Darrow on 2/21/2013 GRANTING #21 Defendants Fyre Lake Ventures LLC and Blair Minton's Motion for Extension of Time to respond to the Complaint. The above named Defendants shall respond to the Complaint on or before March 24, 2013. (EC, ilcd) |
Filing 21 MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendants Fyre Lake Ventures LLC, Blair M Minton. Responses due by 3/8/2013 (Lynch, Daniel) |
Filing 20 NOTICE of Appearance of Attorney by Daniel Lynch on behalf of Fyre Lake Ventures LLC, Blair M Minton (Lynch, Daniel) |
Filing 19 ANSWER to #1 Complaint,, by Jeffrey Frye.(Lindstrom, Douglas) |
TEXT ORDER entered by Judge Sara Darrow on 2/13/2013 GRANTING #16 and #17 Motions for Extensions of Time requested by Defendants Lee, Epping, and Gaugert. The above named Defendants shall file their answers to the Complaint on or before March 22, 2013. (EC, ilcd) |
Filing 18 NOTICE Stipulation and Order re #17 MOTION for Extension of Time to File Answer re #1 Complaint,, (Kallick, David) |
Filing 17 MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendant Gerald Lee. Responses due by 2/28/2013 (Kallick, David) |
Filing 16 MOTION for Extension of Time to File Answer re #1 Complaint,, by Defendants Jerome Epping, James Gaugert. Responses due by 2/25/2013 (Hughes, Micah) |
Filing 15 NOTICE of Appearance of Attorney by Thomas Gene Gardiner on behalf of Jerome Epping, James Gaugert (Gardiner, Thomas) |
Filing 14 NOTICE of Appearance of Attorney by Micah Jon Hughes on behalf of Jerome Epping, James Gaugert (Hughes, Micah) |
Filing 13 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Jeffrey Frye served on 1/23/2013, answer due 2/13/2013. (Richards, Paul) |
Filing 12 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Kenneth E Hoffman, Jr served on 2/3/2013, answer due 2/25/2013. (Richards, Paul) |
Filing 11 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. James Gaugert served on 1/30/2013, answer due 2/20/2013. (Richards, Paul) |
Filing 10 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Fyre Lake Ventures LLC served on 1/29/2013, answer due 2/19/2013. (Richards, Paul) |
Filing 9 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Jerome Epping served on 1/22/2013, answer due 2/12/2013. (Richards, Paul) |
Filing 8 SUMMONS Returned Executed by Federal Deposit Insurance Corporation. Gerald Lee served on 1/25/2013, answer due 2/15/2013. (Richards, Paul) |
Filing 7 NOTICE of Appearance of Attorney by Bruce L Wald on behalf of Gerald Lee (Wald, Bruce) |
TEXT ORDER entered by Judge Sara Darrow on 1/29/2013. Document #6 Notice of Appearance of Attorney is hereby STRICKEN as it was filed by an attorney other than the attorney signing the document. Counsel is directed to refile the document pursuant to Local Rule 11.4(A). (MZ, ilcd) |
Filing 6 STRICKEN PURSUANT TO TEXT ORDER DATED 1/29/2013 NOTICE of Appearance of Attorney by David A Kallick on behalf of Gerald Lee (Kallick, David) Modified on 1/29/2013 (MZ, ilcd). |
Filing 5 NOTICE of Appearance of Attorney by David A Kallick on behalf of Gerald Lee (Kallick, David) |
Filing 4 NOTICE of Appearance of Attorney by Douglas R Lindstrom, Jr on behalf of Jeffrey Frye (Lindstrom, Douglas) |
Filing 3 Summons Issued as to All Defendants. (KB, ilcd) |
Filing 2 NOTICE of Appearance of Attorney by Paul J Richards on behalf of Federal Deposit Insurance Corporation (Richards, Paul) |
Filing 1 COMPLAINT against All Defendants, filed by Federal Deposit Insurance Corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L)(Richards, Paul) (Attachments 2-12 replaced on 1/4/2013 to replace with redacted versions) (MZ, ilcd). |
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