Keehan Tennessee Investments, LLC et al v. Guardian Capital Advisors, Inc. et al
Keehan Trust Funding, LLC, Durham Ridge Investments LLC, David Keehan, Keehan Tennessee Investments, LLC, 951 Realty Ltd., Westlake Briar, LLC, Donald J Keehan, Sr. and Donald J. Keehan, Jr. |
Kenneth A. Miller, Guardian Capital Advisors, Inc., Praetorium Secured Fund, I, L.P., George V. Cresson and George V. Cresson Individually and doing business as Development Finance, LP |
3:2014cv00500 |
September 26, 2014 |
US District Court for the District of Nevada |
Reno Office |
William G Cobb |
Robert C Jones |
Contract: Other |
28 U.S.C. § 1441 |
None |
Docket Report
This docket was last retrieved on July 20, 2017. A more recent docket listing may be available from PACER.
Document Text |
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Filing 93 ORDER ON MANDATE as to ECF No. #92 USCA Mandate. Signed by Judge Robert C. Jones on 7/20/2017. USCA case 15-16303. (DRM) |
Filing 92 MANDATE of USCA, Ninth Circuit, as to ECF Nos. #87 Notice of Appeal and #91 USCA Memorandum/Opinion. USCA Case No. 15-16303. (KW) |
Filing 91 MEMORANDUM of USCA, Ninth Circuit, as to ECF No. #87 Notice of Appeal. REVERSED. USCA Case No. 15-16303. (KW) |
Filing 90 ORDER granting #89 Motion to Withdraw as Attorney. Jason M. Wiley; Robert J. Caldwell and E. Daniel Kidd withdrawn from the case. Signed by Judge Robert C. Jones on 1/5/16. (Copies have been distributed pursuant to the NEF - JC) |
Filing 89 MOTION to Withdraw as Attorney Re: Attorneys Robert J. Caldwell, Jason M. Wiley & E. Daniel Kidd. NOTICE Of Withdrawal as Counsel for Guardian Defendants by Guardian Capital Advisors, Inc., Kenneth A. Miller. (Kidd, E.) Modified on 8/18/2015 to activate motion. (BLG). |
Filing 88 USCA ORDER for Time Schedule and docketing letter as to #87 Notice of Appeal. USCA Case Number 15-16303 assigned. (KR) |
Filing 87 NOTICE OF APPEAL as to #85 Judgment on Attorney Fees, #81 Order, #84 Order on Motion for Attorney Fees,,, by Plaintiffs 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. Filing fee $ 505, receipt number 0978-3718025. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Campbell, Richard) |
Filing 86 COSTS TAXED in amount of $3,062.87 against Plaintiffs, re #79 Bill of Costs. (KR) |
Filing 85 JUDGMENT on Attorney Fees against Plaintiffs, jointly and severally. Signed by Clerk of Court, Lance S. Wilson on 6/1/2015. (Copies have been distributed pursuant to the NEF - KR) (Main Document 85 replaced on 6/1/2015; NEF regenerated) (KR). |
Filing 84 ORDER granting in part #78 and #80 Motions for Attorney Fees; directing Clerk to enter judgment against Plaintiffs accordingly, jointly and severally; directing Clerk to tax costs in accordance with #79 Bill of Costs. Signed by Judge Robert C. Jones on 6/1/2015. (Copies have been distributed pursuant to the NEF - KR) |
Filing 83 REPLY to Response to #78 Motion for Attorney Fees filed by Defendant Praetorium Secured Fund, I, L.P.. (Hoffmann, Scott) |
Filing 82 RESPONSE to #78 Motion for Attorney Fees, #80 Motion for Attorney Fees, filed by Plaintiffs 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. Plaintiffs' Brief in Opposition to Motions of Defendants for Attorney Fees Replies due by 5/23/2015. (Campbell, Richard) |
Filing 81 ORDER denying as to fees and costs #73 Motion to Remand and for Attorney's Fees and Costs; granting in part #74 Counter-Motion for Attorney's Fees and Costs. Signed by Judge Robert C. Jones on 4/30/2015. (Copies have been distributed pursuant to the NEF - KR) |
Filing 80 MOTION for Attorney Fees by Defendants Guardian Capital Advisors, Inc., Kenneth A. Miller. Responses due by 5/14/2015. (Caldwell, Robert) |
Filing 79 BILL OF COSTS by Defendant Praetorium Secured Fund, I, L.P.. Tax or object to Bill of Costs by 5/15/2015. (McElhinney, David) |
Filing 78 MOTION for Attorney Fees and Costs by Defendant Praetorium Secured Fund, I, L.P.. Responses due by 5/14/2015. (McElhinney, David) |
Filing 77 ORDERED that the #73 Motion to Remand and for Attorneys Fees and Costs is DENIED as to fees and costs. IT IS FURTHER ORDERED that the #74 Counter-Motion for Attorney's Fees and Costs is GRANTED IN PART. Signed by Judge Robert C. Jones on 4/13/2015. (Copies have been distributed pursuant to the NEF - DRM) |
Filing 76 ORDER granting #73 Motion to Remand to State Court, remanding case to the Lorain County Court of Common Pleas (Ohio); directing Clerk to close the case. Signed by Judge Robert C. Jones on 3/25/2015. (Copies have been distributed pursuant to the NEF - KR) |
Filing 75 RESPONSE to #73 MOTION to Remand to State Court Motion to Remand to Lorain County, Ohio Court of Common Pleas, filed by Defendants Guardian Capital Advisors, Inc., Kenneth A. Miller. Replies due by 4/4/2015. (Caldwell, Robert) |
Filing 74 CROSS MOTION for attorney fees and costs related to removal and RESPONSE to #73 MOTION to Remand to State Court Motion to Remand to Lorain County, Ohio Court of Common Pleas, filed by Defendant Praetorium Secured Fund, I, L.P.. Replies due by 4/3/2015. (Attachments: #1 Exhibit Continuation of Exhibits)(Martini, Kristen) Modified on 3/25/2015 add motion (WJ). |
Filing 73 MOTION to Remand to State Court Motion to Remand to Lorain County, Ohio Court of Common Pleas by Plaintiffs 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. Responses due by 3/26/2015. (Campbell, Richard) |
Filing 72 NOTICE of Lack of Diversity Jurisdiction by George V. Cresson, Praetorium Secured Fund, I, L.P.. (Martini, Kristen) |
Filing 71 ORDER giving Defendants 28 days to conduct jurisdictional discovery and make a further statement of removal alleging the citizenships of the parties; directing Plaintiffs to promptly respond to any relevant discovery requests. Signed by Judge Robert C. Jones on 1/21/2015. (Copies have been distributed pursuant to the NEF - KR) |
Filing 70 REPLY to Response to #64 MOTION to Dismiss Amended Complaint filed by Defendants Guardian Capital Advisors, Inc., Kenneth A. Miller. Motion to File Instanter a Reply in Support of (Caldwell, Robert) |
Filing 69 RESPONSE to #64 MOTION to Dismiss Amended Complaint, filed by Plaintiff Keehan Tennessee Investments, LLC. Replies due by 12/22/2014. (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Richard) |
Filing 68 ORDER APPROVING #59 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Edmund W. Searby for Guardian Capital Advisors, Inc. and Ken Miller; and approving Designation of Local Counsel Robert J. Caldwell of Kolesar & Leatham. Signed by Judge Robert C. Jones on 12/4/2014. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DRM) |
Filing 67 ORDER DENYING AS MOOT #66 Motion to Withdraw as Attorney. The court clerk is directed to delete Messrs. Brennan and Kavouras from the docket and from the list of persons receiving notices of electronic filing in this case. Signed by Magistrate Judge William G. Cobb on 12/4/2014. (Copies have been distributed pursuant to the NEF - DRM) |
Filing 66 MOTION to Withdraw as Attorney by Terry M. Brennan and Daniel M. Kavouras by Defendant Guardian Capital Advisors, Inc.. Motion ripe 11/26/2014. (Caldwell, Robert) |
Filing 65 MEMORANDUM filed by Defendant Guardian Capital Advisors, Inc. re #64 MOTION to Dismiss Amended Complaint. (Caldwell, Robert) |
Filing 64 MOTION to Dismiss Amended Complaint by Defendant Guardian Capital Advisors, Inc.. Responses due by 12/13/2014. (Caldwell, Robert) |
Filing 63 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Terry M. Brennan to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 12/4/2015. (no image attached) (WJ) |
Filing 62 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Daniel M. Karouras to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 12/4/2015. (no image attached) (WJ) |
Filing 61 ORDERED that the #45 Motion for Leave to File an Amended Motion to Dismiss is GRANTED. The motion must be filed electronically by 11/27/2014. FURTHER ORDERED that the #16 Motion to Dismiss is DENIED as moot. Signed by Judge Robert C. Jones on 11/19/2014. (Copies have been distributed pursuant to the NEF - DRM) |
Filing 60 RESPONSE to #45 MOTION for Leave to File An Amended Motion to Dismiss, filed by Plaintiffs 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. Replies due by 11/23/2014. (Campbell, Richard) |
Filing 59 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Edmund W. Searby and DESIGNATION of Local Counsel Robert J. Caldwell (Filing fee $ 200 receipt number 0978-3455924) filed by Defendant Guardian Capital Advisors, Inc. . Motion ripe 11/13/2014. (Caldwell, Robert) |
Filing 58 ORDER APPROVING #56 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Robert R. Kracht for Keehan Tennessee Investments, LLC and approving Designation of Local Counsel Richard Campbell. Signed by Judge Robert C. Jones on 11/5/2014. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DRM) |
Filing 57 ORDER APPROVING #55 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Charles J. Pawlukiewicz for Keehan Tennessee Investments, LLC and approving Designation of Local Counsel Richard Campbell. Signed by Judge Robert C. Jones on 11/5/2014. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DRM) |
Filing 56 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert R. Kracht and DESIGNATION of Local Counsel Richard Campbell (Filing fee $ 200 receipt number 0978-3448288) filed by Plaintiff Keehan Tennessee Investments, LLC . Motion ripe 11/5/2014. (Campbell, Richard) |
Filing 55 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Charles J. Pawlukiewicz and DESIGNATION of Local Counsel Richard Campbell (Filing fee $ 200 receipt number 0978-3448111) filed by Plaintiff Keehan Tennessee Investments, LLC . Motion ripe 11/5/2014. (Campbell, Richard) |
Filing 54 NOTICE of Docket Correction to (#49) and (#50) Second Notice for Designation of Local Counsel & Verified Petition Stricken and Rescinded having been sent in error. Attorneys due date for compliance will remain 11/13/14 as set forth in the original notice for each attorney. (no image attached)(BLG)Presiding Judge: Jones, Robert C. Referral Judge : Cobb, William G. (no image attached)(BLG) |
Filing 53 NOTICE of Docket Correction to (# 51 ) and (# 52 ) Second Notice for Designation of Local Counsel & Verified Petition Stricken and Rescinded having been sent in error. Attorneys due date for compliance will remain 11/13/14 as set forth in the original notice for each attorney. (no image attached)(BLG) |
Filing 52 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. The following attorneys Daniel M. Kavouras; Edmund W. Searby; and Terry M. Brennan are to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/14/2014.(no image attached) (BLG) Modified on 10/27/2014 sent in error see (#53). (BLG). |
Filing 51 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Robert R. Kracht to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/14/2014.(no image attached) (BLG) Modified on 10/27/2014 sent in error see (#53). (BLG). |
Filing 50 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Christina E. Niro to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/14/2014.(no image attached) (BLG) Modified on 10/27/2014 stricken & rescinded see (#54). (BLG). |
Filing 49 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Charles J. Pawlukiewicz to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/14/2014.(no image attached) (BLG) Modified on 10/27/2014 Stricken & Rescinded, see (#54). (BLG). |
Filing 48 ORDER ON STIPULATION re #47 STIPULATION Consent Order Granting Substitution of Attorney. Attorneys Richard W. Cline and Joseph M. Muska terminated. Signed by Magistrate Judge William G. Cobb on 10/24/14. (Copies have been distributed pursuant to the NEF - JC) |
Filing 47 STIPULATION Consent Order Granting Substitution of Attorney by Defendants George V. Cresson, Praetorium Secured Fund, I, L.P.. (McElhinney, David) |
Filing 46 NOTICE of Appearance by attorney Richard G. Campbell, Jr on behalf of Plaintiffs 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. (Campbell, Richard) |
Filing 45 MOTION for Leave to File An Amended Motion to Dismiss by Defendants Guardian Capital Advisors, Inc., Kenneth A. Miller. Motion ripe 10/3/2014. (Attachments: #1 Supplement Memorandum in Support, #2 Proposed Order Proposed Order)(Birk, Mary) |
Filing 44 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Terry M. Brennan to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/13/2014.(no image attached) (WJ) |
Filing 43 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Richard W. Cline to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/13/2014.(no image attached) (WJ) |
Filing 42 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Joseph M. Muska to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/13/2014.(no image attached) (WJ) |
Filing 41 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Daniel M. Kavouras to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/13/2014.(no image attached) (WJ) |
Filing 40 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Edmund W. Searby to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/13/2014.(no image attached) (WJ) |
Filing 39 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Christina E. Niro to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/13/2014.(no image attached) (WJ) |
Filing 38 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Charles J. Pawlukiewicz to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/13/2014.(no image attached) (WJ) |
Filing 37 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Robert R. Kracht to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 11/13/2014.(no image attached) (WJ) |
Filing 36 Case transferred in from District of Ohio Northern; Case Number 1:14-cv-00994. Original file certified copy of transfer order and docket sheet received. (DRM) |
Case assigned to District Judge Robert C. Jones and Magistrate Judge William G. Cobb. (WJ) |
Filing 35 Memorandum Opinion and Order . The Motion of Defendants Guardian Capital Advisors, Inc. and Kenneth A. Miller to Dismiss or in the Alternative to Transfer (Docket #17 ), and the Motion to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim or, in the Alternative, Motion for Transfer Under 28 U.S.C. 1404(a) filed by Defendants George V. Cresson and George V. Cresson D/B/A Development Finance, L.P. (Docket #19 ), are hereby GRANTED IN PART. The Court hereby GRANTS the requested transfer this case to the United States District Court for the District of Nevada in Reno, Nevada. The clerk shall transfer this case to the United States District Court for the District of Nevada in Reno, Nevada. Judge Donald C. Nugent(C,KA) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 34 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 9/3/14 Status Conference reset for 10/8/2014 at 10:30 AM. Time: 25 minutes. (C,KA) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 33 Response in further support of #16 & #19 Motions to dismiss filed by George V. Cresson, Praetorium Secured Fund, I, L.P. Related document(s) #32 . (Cline, Richard) Modified text and added links to originating motion on 8/13/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 32 Sur-Reply to #19 Motion to dismiss for failure to state a claim or to transfer, and #16 Motion to dismiss amended complaint filed by all plaintiffs. (Pawlukiewicz, Charles) Modified text on 8/6/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 31 Response in further support of #17 Motion to dismiss for failure to state a claim; or in the alternative, Motion to transfer case to U.S. District Court for the District of Nevada filed by Guardian Capital Advisors, Inc. and Kenneth A. Miller. (Attachments: #1 Exhibit 1 - Second Declaration of Kenneth Miller)(Kavouras, Daniel) Modified text on 8/4/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 30 Marginal Entry Order granting plaintiff's #29 Motion for extension of time until August 5, 2014 to File sur-reply to motions to dismiss (re #16 , #19 ). Judge Donald C. Nugent on 7/31/14.(E,P) Modified filing date on 8/1/2014 (E,P). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 29 Motion for extension of time until August 5, 2014 to file sur-reply to #16 Motion to dimiss and #19 Motion to dismiss filed by 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. (Pawlukiewicz, Charles) Modified text and added links on 8/1/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 28 Sur-Reply to #17 Motion to dismiss, or in the alternative, to transfer case filed by All Plaintiffs. (Attachments: #1 Exhibit "A" - Affidavit of Donald J. Keehan, Jr.)(Kracht, Robert) Modified text on 7/31/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 27 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 7/23/14. Plaintiff granted oral leave to file surreply brief by 7/29/14. Status Conference set for 9/3/2014 at 09:30 AM. Time: 20 minutes. (C,KA) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 26 Reply in support of #17 Motion to dismiss case for lack of personal jurisdiction; and Motion to dismiss for failure to state a claim; or in the alternative, Motion to transfer case to U.S. District Court for the District of Nevada filed by Guardian Capital Advisors, Inc., Kenneth A. Miller. (Kavouras, Daniel) Wrong s/ signature. Filer advised on 7/22/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 25 Reply in support of #19 Motion to dismiss for failure to state a claim, or in the alternative,Motion to transfer to United States District Court in Reno, Nevada filed by George V. Cresson. (Cline, Richard) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 24 Reply in support of #16 Motion to dismiss Amended Complaint for failure to state a claim filed by Praetorium Secured Fund, I, L.P.. (Cline, Richard) [Transferred from Ohio Northern on 9/29/2014.] |
IMPORTANT: Notice (non-document) of Status Conference RE-SET for 7/23/2014 at 09:30 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 23 Opposition to #19 Motion to dismiss for failure to state a claim, or in the alternative,Motion to transfer to United States District Court in Reno, Nevada /Plaintiffs' Brief Opposing Cresson/Development's Motion to Dismiss or Transfer filed by 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. (Kracht, Robert) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 22 Opposition to #16 Motion to dismiss Amended Complaint for failure to state a claim /Plaintiffs' Memorandum Opposing Defendant Praetorium's Motion to Dismiss filed by 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. (Kracht, Robert) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 21 Memorandum in Opposition to #17 defendants' Motion to dismiss or transfer filed by 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. (Attachments: #1 Exhibit "A" - Affidavit of David Keehan)(Kracht, Robert) Modified text on 7/15/2014 (P, S). [Transferred from Ohio Northern on 9/29/2014.] |
Order [non-document]granting #20 Plaintiffs' Motion for One Week Extension to Briefing Schedule until July 14, 2014. Judge Donald C. Nugent on 7/11/14.(R,JM) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 20 Motion for extension of time until July 14, 2014 to File Opposing Memoranda filed by 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. (Pawlukiewicz, Charles) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 19 Motion to dismiss for failure to state a claim, or in the alternative, Motion to transfer to United States District Court in Reno, Nevada filed by Defendant George V. Cresson. (Cline, Richard). Added motion to transfer on 6/23/2014 (S,HR). Modified on 6/23/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Order [non-document]granting Motion to File Corrected Memorandum in Support of Motion of Defendants Guardian Capital Advisors Inc. and Kenneth A. Miller to Dismiss or in the Alternative to Transfer. (Related Doc #18 ). Judge Donald C. Nugent on 6/12/14.(R,JM) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 18 Motion for leave to file a corrected Memorandum in support of #17 Motion to dismiss or in the alternative to transfer filed by Guardian Capital Advisors, Inc. and Kenneth A. Miller. (Attachments: #1 Proposed corrected Memorandum, #2 Exhibit 1 to proposed corrected Memorandum in support (Declaration of Kenneth Miller))(Kavouras, Daniel) Modified text on 6/10/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 17 Motion to dismiss for lack of personal jurisdiction, and Motion to dismiss for failure to state a claim, or in the alternative, Motion to transfer case to U.S. District Court for the District of Nevada. Filed by Guardian Capital Advisors, Inc. and Kenneth A. Miller. (Attachments: #1 Memorandum in support, #2Exhibit 1 - Kenneth Miller Declaration)(Kavouras, Daniel) Modified to add motion to transfer, modified text and exhibit descriptions on 6/9/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 16 Motion to dismiss Amended Complaint for failure to state a claim and memorandum in support filed by Defendant Praetorium Secured Fund, I, L.P. (Cline, Richard) Modified motion event and text on 6/6/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 15 Return of Service by Clerk by certified mail executed upon George V. Cresson, c/o Non-Commerical Registered Agent (at 9190 Double Diamond Parkway) on 6/2/2014, filed on behalf of All Plaintiffs Related document(s) #13 . (E,P) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 14 Return of Service by Clerk by certified mail executed upon George V. Cresson (at 2026 Geri Lane, Hillsborough CA), no date of service indicated on green card, filed on behalf of all plaintiffs Related document(s) #13 . (E,P) Modified text on 6/4/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Service by Clerk. Summons and Complaint addressed to George V. Cresson(Kearny St address-4639), George Cresson dba Development Finance(4660) & Kenneth A. Miller(4653) placed in U.S. Mail. Type of service: certified mail. Receipt # 70113500000034334639/4653/4660. (C,BA) [Transferred from Ohio Northern on 9/29/2014.] |
Service by Clerk. Summons and Complaint addressed to George V. Cresson(Geri Lane address) placed in U.S. Mail. Type of service: certified mail. Receipt # 70123460000115586683. (C,BA) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 13 Original Summons issued to counsel for service upon newly added defendants George V. Cresson (at 3 addresses) and Kenneth A. Miller. (S,HR) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 12 Praecipe for issuance of Original Summons . filed by All Plaintiffs. (Attachments: #1 Summons -issued to Kenneth A. Miller (c/o Guardian Capital Advisors, 2269 Chestnut Street, Suite 115, San Francisco, CA 94123), #2 Summons -issued to George V. Cresson (d/b/a Development Finance, L.P., c/o Non-Commercial Registered Agent, 9190 Double Diamond Parkway, Rena, NV 89521), #3 Summons -issued to George V. Cresson (237 Kearny Street, #158, San Francisco, CA 94108), #4 Summons -issued to George V. Cresson (2026 Geri Lane, Hillsborough, CA 94010-6322))(Kracht, Robert) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 11 Amended complaint against all defendants and adding new party defendant(s) George V. Cresson, George V. Cresson d/b/a Development Finance, L.P. and Kenneth L. Miller. Filed by Keehan Tennessee Investments, LLC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3 Commitment Letter, #4 Exhibit B - Letter, #5 Exhibit C- Promissory Note, #6 Exhibit D - Guaranty Agreement, #7 Exhibit E - Letter) (Kracht, Robert) Modified text on 5/23/2014 (M, S). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 10 Minutes of proceedings before Judge Donald C. Nugent. Case Management Conference/Status Conference held on 5/14/2014. TRO will terminate as of 11:59 p.m. on 5/14/2014. Case is assigned to the standard track. Status Conference set for 7/16/2014 at 09:30 AM in Courtroom 15A before Judge Donald C. Nugent. Time: 90 min. (S,R) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 9 Brief in opposition to Plaintiffs' ex parte Motion for temporary restraining order and preliminary and permanent injunction; and Motion (request) for dissolution of temporary restraining order filed by Praetorium Secured Fund, I, L.P. (Cline, Richard) Modified text on 5/13/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 8 Corporate Disclosure Statement filed by Guardian Capital Advisors, Inc.. (Kavouras, Daniel) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 7 Order granting #5 Plaintiffs' Request to Maintain TRO until 5/14/2014 is granted by agreement of all parties. Status Conference set for 5/14/2014 at 11:00 AM in Courtroom 15A before Judge Donald C. Nugent to determine whether to further litigate this issue. Signed by Judge Donald C. Nugent on 5/9/2014. (K,K) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 6 Proposed Agreed Order Extending Temporary Restraining Order filed by 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. (Kracht, Robert) Modified text on 5/12/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 5 Request for Emergency Hearing and to Maintain Status Quo filed by 951 Realty Ltd., Durham Ridge Investments LLC, David Keehan, Donald J Keehan, Sr, Donald J. Keehan, Jr, Keehan Tennessee Investments, LLC, Keehan Trust Funding, LLC, Westlake Briar, LLC. (Attachments: #1 Exhibit "1" - Order Granting Temporary Restraining Order)(Kracht, Robert) Modified text on 5/12/2014 (S,HR). [Transferred from Ohio Northern on 9/29/2014.] |
Filing 4 Magistrate Consent Form issued. (C,BA) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 3 Supplement - Civil Cover Sheet filed by All Defendants. (Cline, Richard) [Transferred from Ohio Northern on 9/29/2014.] |
Judge Donald C. Nugent assigned to case. (C,BA) [Transferred from Ohio Northern on 9/29/2014.] |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (C,BA) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 2 Corporate Disclosure Statement filed by Praetorium Secured Fund, I, L.P. (Cline, Richard) [Transferred from Ohio Northern on 9/29/2014.] |
Filing 1 Notice of Removal from Lorain County Court of Common Pleas. Filing fee $ 400, receipt number 0647-6533906. Filed by Praetorium Secured Fund, I, L.P. & Guardian Capital Advisors, Inc. (Attachments: #1 Exhibit A - Complaint for Damages, Motion for TRO, and Order Granting TRO) (Cline, Richard) [Transferred from Ohio Northern on 9/29/2014.] |
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