Financial Federal Credit v. Wills et al
| Financial Federal Credit |
| Gary L. Wills, James R. Hill, Wills and Wills Development |
| U.S. Bankruptcy Court |
| 8:2008cv00184 |
| April 23, 2008 |
| US District Court for the District of Nebraska |
| Contract: Other Office |
| XX US, Outside State |
| Joseph F Bataillon |
| Thomas D Thalken |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| None |
Docket Report
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Filing 86
JUDGMENT - Judgment is hereby entered in favor of the plaintiff, Financial Federal Credit, Inc., and against the defendant, James R. Hill, in the amount of $15,280.00 for attorney fees. Ordered by Chief Judge Joseph F. Bataillon. (TCL )
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Filing 85
MEMORANDUM AND ORDER - Accordingly, fees in the amount of $15,280.00 willbe awarded. A judgment in conformity with this Memorandum Opinion will issue this date.Ordered by Chief Judge Joseph F. Bataillon. (TCL )
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| Filing 84 REPLY BRIEF in support of FFCI's request for attorney's fees by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
| Filing 83 BRIEF in opposition to Brief #80 , Index, #81 James R. Hill's Brief Opposing Attorneys Fees by Attorney James F. Cann on behalf of Defendant James R. Hill.(Cann, James) |
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Filing 82
ORDER that Gary L. Wills was dismissed from this action when it was pending before the Bankruptcy Court, and that Wills is no longer a defendant. The Clerk is directed to notate in the docketing system that this case is closed as to defendant Willis. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
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| Filing 81 INDEX in support of Brief #80 by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit. (Attachments: #1 Affidavit Declaration of John A. Sharp in Support of FFCI's Brief on Attorney's Fees, #2 Exhibit A to Declaration of John A. Sharp in Support of FFCI's Brief on Attorney's Fees)(Sharp, John) |
| Filing 80 BRIEF in support of Order on Motion for Summary Judgment,, #75 , Order on Motion to Extend, 79 (FFCI's Brief on Attorney's Fees) by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
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Filing 79
TEXT ORDER granting #78 Motion to Extend. The Order #75 is hereby amended to allow the plaintiff until December 9, 2009, to brief the issue of attorney fees and costs, and Mr. Hill until December 30, 2009, to respond to the request for attorney fees and costs. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 78 MOTION to Extend Time to File Briefing on Attorneys' Fees and Costs Order on Motion for Summary Judgment,, #75 by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
| Filing 77 LETTER regarding Pretrial Conference set for 12/14/09 at 9:30 AM. Signed by Magistrate Judge Thomas D. Thalken (PAV) |
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Filing 76
JUDGMENT is hereby entered in favor of the plaintiff, Financial Federal Credit, Inc., and against the defendant, James R. Hill, as set forth in this court's Memorandum and Order #75 filed in conjunction with this judgment. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing 75
MEMORANDUM AND ORDER granting #61 Motion for Summary Judgment; FFCI is awarded $265,525.91 for the deficiency, plus interest in the amount of $64,786.88, which is from November 29, 2007, through March 30, 2009, plus, interest from March 30, 2009, to the date of judgment in the amount of $132.76 per diem. Counsel for FFCI has fourteen days from the date of this order to brief the issue of attorney fees and costs. Hill has fourteen days thereafter to respond to the request for attorney fees and costs. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing 74
TEXT ORDER granting #73 Motion to Amend Progression Order #57 . Motions in limine challenging the admissibility of expert testimony at trial under Fed. R. Evid. 702, shall be filed by November 27, 2009. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 73 Joint MOTION to Amend Order Setting Schedule for Progression of a Civil Case, #57 by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
| Filing 72 REPLY BRIEF in support of MOTION for Summary Judgment #61 by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
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Filing 71
TEXT ORDER granting plaintiff's unopposed #70 Motion for Extension of Time until 8/24/09 to file reply brief regarding #61 Motion for Summary Judgment. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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| Filing 70 Unopposed MOTION to Extend Time to File Reply Brief by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
| Filing 69 INDEX in opposition to MOTION for Summary Judgment #61 by Attorney James F. Cann on behalf of Defendant James R. Hill. (Attachments: #1 Affidavit of James R. Hill, #2 Affidavit of Larry Dobbins)(Cann, James) |
| Filing 68 BRIEF in opposition to MOTION for Summary Judgment #61 by Attorney James F. Cann on behalf of Defendant James R. Hill.(Cann, James) |
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Filing 67
TEXT ORDER granting #66 Defendant's MOTION to Extend Time to Respond to Summary Judgment Motion #61 until August 7, 2009. Ordered by Chief Judge Joseph F. Bataillon. (MGC, )
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| Filing 66 MOTION to Extend Time to Respond to Summary Judgment Motion MOTION for Summary Judgment #61 by Attorney James F. Cann on behalf of Defendant James R. Hill.(Cann, James) |
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Filing 65
TEXT ORDER granting #64 defendant's motion for 20-day extension of time to respond to #61 Plaintiff's Motion for Summary Judgment. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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| Filing 64 MOTION For Additional Time to Respond to Summary Judgment Motion regarding MOTION for Summary Judgment #61 by Attorney James F. Cann on behalf of Defendant James R. Hill.(Cann, James) |
| Filing 63 INDEX in support of MOTION for Summary Judgment #61 by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit. (Attachments: #1 Supplemental Affidavit of Dirk Copple)(Sharp, John) |
| Filing 62 BRIEF in support of MOTION for Summary Judgment #61 by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
| Filing 61 MOTION for Summary Judgment by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
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Filing 60
JUDGMENT AGAINST WILLS, INC. AND WILLS DEVELOPMENT COMPANY, LLC. Pursuant to the Stipulation #58 , judgment is hereby entered for the Plaintiff, Financial Federal Credit, Inc., and against Defendants Wills, Inc., and Wills Development Company, LLC, jointly and severally, in the amount of $265,525.91, plus interest from November 29, 2007 forward, (currently in the amount of $64,255.84 through March 26, 2009), accruing at $132.76 per diem; the costs of this action; and attorneys fees incurred by Plaintiff for enforcement of the Guarantees in the amount of $7,879.50. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
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| Filing 59 TEXT NOTICE REGARDING PROPOSED ORDER #58 by Deputy Clerk. Pursuant to NECivR 7.2, a moving party shall submit a proposed order to the judge. Electronically submitted proposed orders may not be combined with the motion into one document. The proposed order should be e-mailed in a word-processing format to the assigned judge. This notice is for your information for future filings.(JAE) |
| Filing 58 Joint STIPULATION for Entry of Judgement Against Wills, Inc. and Wills Development Company, LLC by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit. (Attachments: #1 Exhibit Proposed Order and Judgment)(Sharp, John) |
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Filing 57
ORDER SETTING SCHEDULE FOR PROGRESSION OF A CIVIL CASE - Depositions due 11/30/2009. Pretrial Conference set for 12/14/2009 at 09:30 AM before Magistrate Judge Thomas D. Thalken. Non-Jury Trial set for 1/19/2010 at 08:30 AM in Courtroom 3 - Omaha before Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
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Filing 56
ORDER adopting #55 Report and Recommendation; The referral of this case to the United States Bankruptcy Court for the District of Nebraska is withdrawn and the recommendation of the bankruptcy judge adopted in its entirety ; This case is referred to Magistrate Judge Thomas D. Thalken for further progression of the matter. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing 55
REPORT AND RECOMMENDATION that this bankruptcy and/or adversary proceeding be withdrawn to the U.S. District Court for the District of Nebraska. Ordered by Judge Timothy J. Mahoney. (Attachments: #1 Transmittal Letter) (ADB, )
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Filing 54
ORDER that Pursuant to NEGenR 1.5(a)(1) and 28 U.S.C. 157, this case is referred to the United States Bankruptcy Court for the District of Nebraska.This case shall be terminated for statistical purposes by the Clerk of the Court for the District of Nebraska. The Clerk of the Court for the District of Nebraska shall deliver the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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| Filing 53 SUGGESTION OF BANKRUPTCY by Attorney Jenna B. Taub on behalf of Defendant Gary L. Wills. (Attachments: #1 Exhibit A)(Taub, Jenna) |
| Filing 52 NOTICE of Serving Initial Disclosures by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit (Sharp, John) |
| Filing 51 Certificate of Service of Rule 26(a)(1) Initial Disclosures by Attorney Jenna B. Taub on behalf of Defendants Wills Development, Gary L. Wills, Wills.(Taub, Jenna) |
| Filing 50 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 (Amended) by Attorney Jenna B. Taub on behalf of Defendant Wills Development.(Taub, Jenna) |
| Filing 49 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Jenna B. Taub on behalf of Defendant Wills Development.(Taub, Jenna) |
| Filing 48 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Jenna B. Taub on behalf of Defendant Wills.(Taub, Jenna) |
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Filing 47
TEXT ORDER granting #45 Motion to Withdraw as Attorney. For good cause shown pursuant to NEGenR 1.3(f), Elizabeth Bruening is granted leave to withdraw as counsel for the defendants. The Clerk of Court shall stop all electronic notices to this attorney regarding this case. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing 46
ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE - Counsel for plaintiff shall initiate the planning conference call to the court at 9:00 AM on 11/18/2008. Counsel shall notify the undersigned magistrate judge by joint or separate letters by 9/8/2008 addressing mediation requirements. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
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| Filing 45 MOTION to Withdraw as Attorney by Attorney Elizabeth Bruening on behalf of Defendants Wills Development, Gary L. Wills, Wills.(KBJ) |
| Filing 44 REPORT of Rule 26(f) Planning Meeting by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
| Filing 43 ATTORNEY LETTER by Clerk that Attorney Elizabeth Bruening has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TJS) |
| Filing 42 ANSWER to Complaint, #1 by Attorney Jenna B. Taub on behalf of Defendants Wills Development, Gary L. Wills, Wills(Taub, Jenna) |
| Filing 41 Certificate of Service regarding Order on Motion to Withdraw as Attorney #38 by Patricia Hair on behalf of Defendants Wills Development, Wills, Inc..(ADB, ) |
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Filing 40
ORDER granting #37 Motion to Withdraw as Attorney. The Clerk of Court shall stop all notices to Ms. Hair regarding this case. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 39 NOTICE of Appearance and Request for Notice by Attorney Jenna B. Taub on behalf of Defendants Wills Development, Wills (Taub, Jenna) |
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Filing 38
ORDER that Patricia Hairs Motion For Leave to Withdraw (Filing No. #37 ) is granted with regard to Gary L. Wills. Otherwise, the motion is held in abeyance until July 17, 2008. Wills, Inc. and Wills Development Company, LLC shall have substitute counsel enter an appearance on their behalf on or before July 17, 2008. If the defendants fail to have substitute counsel enter an appearance by that date the court may strike the answer of the defendants and enter default, pursuant to Fed. R. Civ. P. 37(b) (2)(C). Moving counsel shall immediately serve a copy of this order on Wills, Inc. and Wills Development Company, LLC and file a certificate of service therefore. The parties deadline for filing a joint planning conference report pursuant to Fed. R. Civ. P. 26(f) is extended until July 17, 2008. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
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| Filing 37 MOTION to Withdraw as Attorney by Attorney Patricia Hair on behalf of Defendants Wills Development, Gary L. Wills, Wills, Inc..(ADB) |
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Filing 36
TEXT ORDER granting #35 Motion to Extend. The parties shall have an extension until June 20, 2008, to file a joint planning conference report pursuant to Fed. R. Civ. P. 26(f). Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 35 MOTION to Extend Time to File Joint Planning Report Scheduling Packet #24 by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
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Filing 34
ORDER TO SHOW CAUSE that Attorney Patricia Hair is to register for the System. Show Cause Deadline set for 6/16/2008. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to attorney Patricia Hair)(JAE, )
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Filing 33
TEXT ORDER granting #32 Motion for Leave. For good cause shown pursuant to NEGenR 1.3(f), Anthony Malley III and the Moore Landrey Law Firm are granted leave to withdraw as counsel for the defendant James R. Hill. The Clerk of Court shall stop all notices to these attorneys regarding this case. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 32 MOTION for Leave to withdraw by Attorney Anthony Malley, III on behalf of Defendant James R. Hill.(KBJ) |
| Filing 31 NOTICE of Appearance and Request for Notice by Attorney Jenna B. Taub on behalf of Defendant Gary L. Wills (Taub, Jenna) |
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Filing 30
TEXT ORDER granting #28 Motion to Withdraw as Attorney. For good cause shown pursuant to NEGenR 1.3(f), Douglas R. Little and Robert Grawl, Jr. are granted leave to withdraw as counsel for the plaintiff. The Clerk of Court shall stop all notices to these attorneys regarding this case. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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| Filing 29 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Financial Federal Corporation (NYSE: FIF) for. Plaintiff, Financial Federal Credit Inc. by Attorney John A. Sharp on behalf of Plaintiffs Financial Federal Credit, Financial Federal Corporation (NYSE: FIF).(Sharp, John) |
| Filing 28 MOTION to Withdraw as Attorney of Record for Attorneys Little and Grawl, Jr. by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit.(Sharp, John) |
| Filing 27 NOTICE of Appearance and Request for Notice by Attorney James F. Cann on behalf of Defendant James R. Hill (Cann, James) |
| Filing 26 NOTICE of Appearance and Request for Notice by Attorney Brandon R. Tomjack on behalf of Plaintiff Financial Federal Credit (Tomjack, Brandon) |
| Filing 25 NOTICE of Appearance and Request for Notice by Attorney John A. Sharp on behalf of Plaintiff Financial Federal Credit (Sharp, John) |
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Filing 24
SCHEDULING PACKET - Rule 26 Meeting Report Deadline set for 6/9/2008. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
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| Filing 23 ATTORNEY LETTER by Clerk that Attorney Anthony Malley, III has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE, ) |
| Filing 22 ATTORNEY LETTER by Clerk that Attorney Douglas R. Little has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE, ) |
| Filing 21 ATTORNEY LETTER by Clerk that Attorney Patricia Hair has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE, ) |
| Filing 20 ATTORNEY LETTER by Clerk that Attorney Robert Grawl, Jr. has not registered for admittance to practice nor registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (JAE, ) |
| Filing 19 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendants Wills Development, and Wills, Inc. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (Copy mailed to defendants)(JAE, ) |
| Filing 18 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Financial Federal Credit. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (Copy mailed to plaintiff).(JAE, ) |
| Filing 17 Letter by Clerk to attorneys of record regarding transfer of the case to USDC-Nebraska. (JAE, ) |
| Filing 16 Transmittal Letter and certified docket sheet transferring case from USDC-Texas, Southern District, Case No. 4:08CV633. (JAE, ) |
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Filing 15
CERTIFIED COPY OF ORDER, from USDC-Texas, Southern District, Case No. 4:08CV633, transferring this case to the USDC-Nebraska. Ordered by Judge Sim Lake. (JAE, )
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| Filing 14 MOTION for Reconsideration, from USDC-Texas, Southern District, Case No. 4:08CV633, regarding Order on Motion to Transfer Venue #13 by Attorney Robert Grawl, Jr. on behalf of Plaintiff Financial Federal Credit. (Attachments: #1 Affidavit)(JAE, ) |
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Filing 13
ORDER, USDC-Texas, Southern District, Case No. 4:08CV633, granting #10 Motion to Transfer Venue to the District of USDC-Nebraska. Ordered by Judge Sim Lake. (JAE, )
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| Filing 12 RESPONSE regarding MOTION to Transfer Venue #10 , USDC-Texas, Southern District, Case No. 4:08CV633, by Attorney Robert Grawl, Jr. on behalf of Plaintiff Financial Federal Credit. (Attachments: #1 Exhibit A - Memorandum and Orders, #2 Continuation of Exhibit A, #3 Affidavit of Dirk Copple, #4 Exhibit A - D - Promissory Notes, #5 Exhibit E - M - Promissory Notes and Correspondance)(JAE, ) |
| Filing 11 BRIEF in support of MOTION to Transfer Venue #10 , from USDC-Texas, Southern District, Case No. 4:08CV633, by Attorney Patricia Hair on behalf of Defendants Wills Development, Gary L. Wills, Wills, Inc. (Attachments: #1 Exhibit 1 - Guaranty, #2 Exhibit 2 - Complaint for an Injunction, #3 Exhibit 3 - Opinion and Order from District Court of Sarpy County, Nebraska)(JAE, ) |
| Filing 10 MOTION to Transfer Venue, from USDC-Texas, Southern District, Case No. 4:08CV633, by Attorney Patricia Hair on behalf of Defendants Wills Development, Gary L. Wills, Wills, Inc.(JAE, ) |
| Filing 9 ANSWER to Complaint #1 , from USDC-Texas, Southern District, Case No. 4:08CV633, by Attorney Anthony Malley, III on behalf of Defendant James R. Hill. (JAE, ) |
| Filing 8 SUMMONS Returned Executed, from USDC-Texas, Southern District, Case No. 4:08CV633, upon defendant James R. Hill on 3/6/2008. (JAE, ) |
| Filing 7 SUMMONS Returned Executed, from USDC-Texas, Southern District, Case No. 4:08CV633, upon defendant Wills Development on 3/4/2008. (JAE, ) |
| Filing 6 SUMMONS Returned Executed, from USDC-Texas, Southern District, Case No. 4:08CV633, upon defendant Wills, Inc. on 3/4/2008. (JAE, ) |
| Filing 5 SUMMONS Returned Executed, from USDC-Texas, Southern District, Case No. 4:08CV633, upon defendant Gary L. Wills on 3/4/2008. (JAE, ) |
| Filing 4 Summons Issued, in USDC-Texas, Southern District, Case No. 4:08CV633, as to defendant Wills Development, Gary L. Wills, James R. Hill, and Wills, Inc. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (JAE, ) |
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Filing 3
ORDER for Conference and Disclosure of Interested Parties, USDC-Texas, Southern District, Case No. 4:08CV633. Ordered by Judge Sim Lake. (JAE, )
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| Filing 2 Certificate of Financially Interested Parties, from USDC-Texas, Southern District, Case No. 4:08CV633, by Attorney Robert Grawl, Jr on behalf of Plaintiff Financial Federal Credit.(JAE, ) |
| Filing 1 COMPLAINT, from USDC-Texas, Southern District, Case No. 4:08CV633, against defendants Wills Development, Gary L. Wills, James R. Hill, Wills, Inc.; No Summons issued ; (Filing fee, $350, paid in USDC-Texas, receipt number 3514298), filed by Attorney Robert Grawl, Jr on behalf of plaintiff Financial Federal Credit. (JAE, ) |
| Remark - Public - This case was transferred from USDC-Texas, Southern District, Case No. 4:08CV633, on 4/22/08 and received by this court on 4/24/08. (JAE, ) |
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