United States Securities and Exchange Commission v. Daughtry
| United States Securities and Exchange Commission |
| James Blake Daughtry |
| 1:2024cv00125 |
| February 21, 2024 |
| US District Court for the Middle District of Alabama |
| Chad W Bryan |
| R Austin Huffaker |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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| Filing 50 AMENDED COMPLAINT against James Blake Daughtry, filed by United States Securities and Exchange Commission. (Kim, Paul) |
Filing 49
STANDARD BRIEFING ORDER: The parties are ORDERED to comply with each of the following provisions; as further set out. Signed by Honorable Judge R. Austin Huffaker, Jr. on 4/17/2024. (See Order for Details) (LAB)
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Filing 48
SCHEDULING ORDER: Final Pretrial Conference set for 10/2/2025 10:00 AM in courtroon 2D before Honorable Judge R. Austin Huffaker Jr. Jury Selection & Jury Trial set for 12/1/2025 10:00 AM in Dothan, Alabama before Honorable Judge R. Austin Huffaker Jr. Amended Pleadings due by 6/8/2024. Discovery due by 12/16/2024. Motions due by 4/18/2025. Mediation Notice due by 3/24/2025. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/17/2024. (See Order for Details) (LAB)
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| Filing 47 Response to Order re 46 Order, filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A - ASC order against Daughtry, #2 Exhibit B - ASC order against Eakes) (Kim, Paul) |
| Filing 46 TEXT ORDER: For good cause, Plaintiff Securities and Exchange Commission is ORDERED to provide a Notice to the Court on or by 4/16/2024 on whether the Alabama Securities Commission was involved in this case, including investigation, before December 31, 2019. Signed by Honorable R. Austin Huffaker, Jr. on 4/9/2024. (LAB) |
| Filing 45 Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Telephone Conference held on 4/9/2024 (PDF available for court use only). (Court Reporter Patricia Starkie, 334.322.8053, patricia_starkie@almd.uscourts.gov.) (WW) |
| Filing 44 REPORT of Rule 26(f) Planning Meeting. (Harp, Hoyt) |
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Filing 43
TEXT ORDER: A telephonic status conference is SET for 4/9/2024 at 10:00AM (CT). The Courtroom Deputy will contact counsel with the call-in information. Entered by Honorable Judge R. Austin Huffaker, Jr on 4/1/2024. (LAB)
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| Filing 42 Case Reassigned to Honorable Judge R. Austin Huffaker, Jr as presiding and Magistrate Judge Chad W. Bryan referring. Magistrate Judge Chad W. Bryan no longer assigned as presiding. (LAB) |
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Filing 41
ORDER: It is hereby ORDERED that the parties shall consent or request reassignment no later than March 22, 2024 (Do NOT electronically file the consent form nor the reassignment form into the record). Signed by Magistrate Judge Chad W. Bryan on 3/13/2024. (LAB)
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Filing 40
ORDER: the parties are hereby DIRECTED to complete and return the appropriate form so that it is received by the Clerk on or before 3/8/2024; Do NOT electronically file the consent form nor the reassignment form into the record. Signed by Magistrate Judge Chad W. Bryan on 2/23/2024. (BES)
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| Filing 39 NOTICE of Assignment to Magistrate Judge sent to counsel for (ALL PARTIES) James Blake Daughtry, United States Securities and Exchange Commission (BES) |
| Filing 38 Case transferred in from District of Florida Middle; Case Number 3:22-cv-01055. Original file certified copy of transfer order and docket sheet received. (BES). |
| Filing 37 CASE ELECTRONICALLY TRANSFERRED as to Jame Daughtry to the Middle District of Alabama. (LMF) [Transferred from flmd on 2/23/2024.] |
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Filing 36
ORDER granting in part and denying in part #24 Defendant James Blake Daughtry's Motion to Dismiss or in the Alternative Transfer Case. The motion to dismiss is DENIED. Count V of the Amended Complaint as to Daughtry is SEVERED and the case as to Daughtry is TRANSFERED to the United States District Court for the Middle District of Alabama, Dothan Division. The Clerk is DIRECTED to terminate Daughtry as a party to this suit. The case remains open as to Defendant Jared Eakes. Signed by Judge Timothy J. Corrigan on 2/20/2024. (JCD) [Transferred from flmd on 2/23/2024.]
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Filing 35
ENDORSED ORDER denying #34 Motion for Entry of Default for Plaintiff's failure to file an affidavit of service (as opposed to a declaration or a return of service) by the Court's December 15, 2023 deadline and to strictly comply with the requirements of Fla. Stat. 48.161. Signed by Magistrate Judge Monte C. Richardson on 1/12/2024. (ADM) [Transferred from flmd on 2/23/2024.]
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| Filing 34 MOTION for Clerk's Default against Jared D. Eakes by United States Securities and Exchange Commission. (Attachments: #1 Declaration of Paul Kim, Esq.., #2 Entry of Default)(Kim, Paul) Motions referred to Magistrate Judge Monte C. Richardson. [Transferred from flmd on 2/23/2024.] |
| Filing 33 Joint STATUS report by United States Securities and Exchange Commission. (Kim, Paul) [Transferred from flmd on 2/23/2024.] |
| Filing 32 NOTICE of Service by United States Securities and Exchange Commission (Attachments: #1 Declaration of Delaney Wyatt, #2 Declaration of Paul Kim, Esq. with Exhibit A)(Kim, Paul) [Transferred from flmd on 2/23/2024.] |
| Filing 31 NOTICE by United States Securities and Exchange Commission of Substitute Service on the Florida Secretary of State for Defendant Jared D. Eakes (Attachments: #1 Proof of Service via Substitute Service on Defendant Jared D. Eakes)(Kim, Paul) [Transferred from flmd on 2/23/2024.] |
| Filing 30 TRANSCRIPT of Motion Hearing held on November 14, 2023 before Judge Timothy J. Corrigan. Court Reporter/Transcriber: Shannon M. Bishop, RDR, CRR, CRC. Email address: dsmabishop@yahoo.com. Telephone number: (904)549-1307. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 12/7/2023. Redacted Transcript Deadline set for 12/18/2023. Release of Transcript Restriction set for 2/14/2024. (SB) [Transferred from flmd on 2/23/2024.] |
| Filing 29 MINUTE ENTRY In Person Proceedings held before Judge Timothy J. Corrigan: MOTION HEARING held on 11/14/2023 re #24 Defendant James Blake Daughtry's Motion to Dismiss or in The Alternative Transfer Case filed by James Blake Daughtry. Court Reporter: Shannon Bishop (AMM) [Transferred from flmd on 2/23/2024.] |
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Filing 28
ORDER granting #26 Motion for Substituted Service. Signed by Magistrate Judge Monte C. Richardson on 11/3/2023. (ADM) [Transferred from flmd on 2/23/2024.]
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Filing 27
ORDER setting in-person hearing on #24 the Motion to Dismiss for 11/14/2023 at 11:00 AM before the undersigned in Courtroom 10D. Signed by Judge Timothy J. Corrigan on 10/13/2023. (KSM) [Transferred from flmd on 2/23/2024.]
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| Filing 26 MOTION for Extension of Time to File Motion to Serve by Substituted, Or Alternatively, to Extend Time to Serve Summons & Amended Complaint Upon Defendant Jared D. Eakes by United States Securities and Exchange Commission. (Attachments: #1 Declaration of Paul Kim, Esq., #2 Declaration of Delaney Wyatt)(Kim, Paul) Motions referred to Magistrate Judge Monte C. Richardson. [Transferred from flmd on 2/23/2024.] |
| Filing 25 RESPONSE in Opposition re #24 MOTION to Dismiss Amended Complaint or Transfer filed by United States Securities and Exchange Commission. (Kim, Paul) [Transferred from flmd on 2/23/2024.] |
| Filing 24 MOTION to Dismiss or in the Alternative Transfer Case by James Blake Daughtry. (Harp, Hoyt) (Modified on 7/6/2023, to edit text) (BGR). [Transferred from flmd on 2/23/2024.] |
| Filing 23 SUMMONS issued as to Jared D. Eakes. (KNC) [Transferred from flmd on 2/23/2024.] |
| Filing 22 PROPOSED summons to be issued by Securities and Exchange Commission. (Kim, Paul) [Transferred from flmd on 2/23/2024.] |
| Filing 21 PROPOSED summons to be issued by Securities and Exchange Commission. (Kim, Paul) Modified on 6/28/2023 *Summons cannot be issued as no address is listed for Defendant. Notified attorney and he will refile a proposed summons.* (KNC). [Transferred from flmd on 2/23/2024.] |
| Filing 20 AMENDED COMPLAINT against James Blake Daughtry, Jared D. Eakes with Jury Demand. filed by Securities and Exchange Commission.(Loomis, Madison) [Transferred from flmd on 2/23/2024.] |
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Filing 19
ORDER granting in part and denying in part #16 Motion to Serve by Publication or by Service on the Florida Secretary of State, or, Alternatively, to Extend Plaintiff's Time to Serve Summons and Complaint upon Defendant Jared D. Eakes. Signed by Magistrate Judge Monte C. Richardson on 6/1/2023. (ADM) [Transferred from flmd on 2/23/2024.]
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| Filing 18 SUPPLEMENT re #16 MOTION for Extension of Time to File Motion Serve by Publication or by Service on the Florida Secretary of State, or, Alternatively, to Extent Plaintiff's Time to Serve Summons and Complaint Upon Defendant Jared D. Eakes by Securities and Exchange Commission. (Attachments: #1 Second Declaration of Paul Kim with Exhibits)(Kim, Paul) [Transferred from flmd on 2/23/2024.] |
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Filing 17
ORDER taking under advisement #16 Motion for Extension of Time to File. Plaintiff shall supplement the Motion no later than May 11, 2023. Signed by Magistrate Judge Monte C. Richardson on 5/3/2023. (ADM) [Transferred from flmd on 2/23/2024.]
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| Filing 16 MOTION for Extension of Time to File Motion Serve by Publication or by Service on the Florida Secretary of State, or, Alternatively, to Extent Plaintiff's Time to Serve Summons and Complaint Upon Defendant Jared D. Eakes by Securities and Exchange Commission. (Attachments: #1 Exhibit A Third Declaration of Delaney Wyatt)(Kim, Paul) Motions referred to Magistrate Judge Monte C. Richardson. [Transferred from flmd on 2/23/2024.] |
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Filing 15
ENDORSED ORDER granting #14 Motion to Serve by Publication or, Alternatively, to Extend Plaintiff's Time to Serve Summons and Complaint upon Defendant Jared D. Eakes. On or before April 30, 2023, Plaintiff shall perfect service of process on Defendant Jared D. Eakes and file proof thereof. Signed by Magistrate Judge Monte C. Richardson on 3/21/2023. (ADM) [Transferred from flmd on 2/23/2024.]
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| Filing 14 MOTION for Service by Publication Or, Alternatively, To Extend Plaintiff's Time To Serve Summons and Complaint Upon Defendant Jared D. Eakes by Securities and Exchange Commission. (Attachments: #1 Exhibit A - Second Declaration of Delaney Jean Wyatt, #2 Exhibit B - Declaration of Paul Kim)(Kim, Paul) Motions referred to Magistrate Judge Monte C. Richardson. [Transferred from flmd on 2/23/2024.] |
| Filing 13 RESPONSE in Opposition re #7 MOTION to Dismiss or in the Alternative, Motion to Transfer filed by Securities and Exchange Commission. (Kim, Paul) [Transferred from flmd on 2/23/2024.] |
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Filing 12
ENDORSED ORDER granting, over Defendant James Daughtry's objection, #10 Plaintiff's Motion to Extend Time to Serve Summons and Complaint upon Defendant Jared D. Eakes. On or before February 28, 2023, Plaintiff shall serve Defendant Jared D. Eakes. Signed by Magistrate Judge Monte C. Richardson on 12/28/2022. (ADM) [Transferred from flmd on 2/23/2024.]
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Filing 11
ENDORSED ORDER granting #9 Consent Motion to Extend Plaintiff's Time to Respond to Defendant Daughtry's Motion to Dismiss, or Alternatively, Motion to Transfer. On or before January 20, 2023, Plaintiff shall file its response to Defendant's Motion to Dismiss. Signed by Magistrate Judge Monte C. Richardson on 12/22/2022. (MDH) [Transferred from flmd on 2/23/2024.]
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| Filing 10 MOTION for Extension of Time to File Notice of Service of Summons and Complaint Upon Defendant Jared D. Eakes by Securities and Exchange Commission. (Attachments: #1 Wyatt Declaration)(Kim, Paul) Motions referred to Magistrate Judge Monte C. Richardson. [Transferred from flmd on 2/23/2024.] |
| Filing 9 Consent MOTION for Extension of Time to Respond to Defendant Daughtry's #7 Motion to Dismiss or Alternatively, Motion to Transfer by Securities and Exchange Commission. (Kim, Paul) Motions referred to Magistrate Judge Monte C. Richardson. Modified text on 12/20/2022 (BD). [Transferred from flmd on 2/23/2024.] |
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Filing 8
ENDORSED ORDER granting #6 Unopposed Motion for Special Admission. If Hoyt G. Harp, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 12/14/2022. (ADM) [Transferred from flmd on 2/23/2024.]
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| Filing 7 MOTION to Dismiss or in the Alternative, Motion to Transfer and Memorandum in Support by James Blake Daughtry. (BD) [Transferred from flmd on 2/23/2024.] |
| Filing 6 MOTION for Hoyt Gregory Harp to appear pro hac vice by James Blake Daughtry. (Attachments: #1 Certificate of Good Standing)(BD) Motions referred to Magistrate Judge Monte C. Richardson. [Transferred from flmd on 2/23/2024.] |
| PRO HAC VICE FEES paid by attorney Hoyt Gregory Harp appearing on behalf of James Blake Daughtry (Filing fee $150 receipt number 36298.) Related document: #6 MOTION for Hoyt Gregory Harp to appear pro hac vice. (BD) [Transferred from flmd on 2/23/2024.] |
| Filing 5 RETURN of service executed on 11/24/2022 by Securities and Exchange Commission as to James Blake Daughtry. (Kim, Paul) [Transferred from flmd on 2/23/2024.] |
| Filing 4 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (KKH) [Transferred from flmd on 2/23/2024.] |
| Filing 3 SUMMONS issued as to James Blake Daughtry, Jared D. Eakes. (BD) [Transferred from flmd on 2/23/2024.] |
| Filing 2 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge Monte C. Richardson. New case number: 3:22-cv-1055-TJC-MCR. (SJB) [Transferred from flmd on 2/23/2024.] |
| Filing 1 COMPLAINT against James Blake Daughtry, Jared D Eakes with Jury Demand filed by Securities and Exchange Commission. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons to Jared D. Eakes, #3 Proposed Summons to Jared D. Eakes, #4 Proposed Summons to James Blake Daughtry, #5 Proposed Summons to James Blake Daughtry)(Loomis, Madison) [Transferred from flmd on 2/23/2024.] |
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