Vestavia Hills, Ltd. et al v. Commonwealth Assisted Living, LLC, Series E et al
| Vestavia Hills, Ltd., Karen L McElliott, Frank A Virgadamo, Jack L Rowe, Judith A Chance, B Renee Bernard and JRMF Leasing Corporation |
| Municipal Capital Appreciation Partners V, L.P., and Commonwealth Assisted Living, LLC Series E |
| 2:2018cv02075 |
| December 17, 2018 |
| US District Court for the Northern District of Alabama |
| John H England |
| Contract: Other |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on February 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 23 RESPONSE in Opposition re #16 MOTION to Dismiss filed by B Renee Bernard, Judith A Chance, JRMF Leasing Corporation, Karen L McElliott, Jack L Rowe, Vestavia Hills, Ltd., Frank A Virgadamo. (Campbell, Andrew) |
| Filing 22 RESPONSE in Opposition re #16 MOTION to Dismiss filed by B Renee Bernard, Judith A Chance, JRMF Leasing Corporation, Karen L McElliott, Jack L Rowe, Vestavia Hills, Ltd., Frank A Virgadamo. (Attachments: #1 Affidavit Exhibit A - Affidavit of Daniel Kevin Moriarty)(Campbell, Andrew) |
Filing 21
ORDER Regarding Compliance with Rule 26.(f) Signed by Magistrate Judge John H England, III on 2/1/2019. (AFS)
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Filing 20
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than 3/18/2019. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after 3/18/2019. A telephone status conference is hereby SET for 10:00 a.m. on March 4, 2019. The parties are DIRECTED to call 877-873-8017 to access the telephone conference. The access code is 4577302. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge John H England, III on 2/1/2019. (AFS)
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Filing 19
TEXT ORDER setting briefing schedule re #18 Document Sealed. Plaintiffs' response is due by February 14, 2019. Defendants' reply, if any, is due by February 21, 2019. Signed by Magistrate Judge John H. England, III on 1/31/2019. (CDG)
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| Filing 18 ***Document Sealed pursuant to Order #13 (Attachments: #1 Motion to Abstain or Stay Proceedings, #2 Evidentiary Submission in Support) (AFS) |
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Filing 17
TEXT ORDER setting briefing schedule re #16 MOTION to Dismiss filed by Commonwealth Assisted Living, LLC Series E, Municipal Capital Appreciation Partners V, L.P.. Plaintiffs' response is due by February 14, 2019. Defendants' reply, if any, is due by February 21, 2019. Signed by Magistrate Judge John H. England, III on 1/31/2019. (CDG)
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| Filing 16 MOTION to Dismiss by Commonwealth Assisted Living, LLC Series E, Municipal Capital Appreciation Partners V, L.P.,. (Hitson, Brent) |
| Filing 15 RESPONSE to re #13 Show Cause Order filed by B Renee Bernard, Judith A Chance, JRMF Leasing Corporation, Karen L McElliott, Jack L Rowe, Vestavia Hills, Ltd., Frank A Virgadamo. (Campbell, Andrew) |
| Filing 14 AMENDED COMPLAINT against All Defendants, filed by Karen L McElliott, Judith A Chance, Vestavia Hills, Ltd., B Renee Bernard, JRMF Leasing Corporation, Jack L Rowe, Frank A Virgadamo.(Campbell, Andrew) |
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Filing 13
ORDER TO SHOW CAUSE Plaintiff if ORDERED TO SHOW CAUSE in writing by 1/17/2019, why the court has subject-matter jurisdiction over this action. Defendants' motion is GRANTED IN PART to the extent that their deadline to respond to the complaint is extended to 1/21/2019, and their response may be filed under seal. If Plaintiff's require additional time to support their jurisdictional allegations, the undersigned will revisit Defendants' request for a lengthier extension than the one provided by this order. Signed by Magistrate Judge John H England, III on 1/14/2019. (AFS)
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| Filing 12 RESPONSE in Opposition re #10 MOTION for Extension of Time To Respond To Complaint and Motion For Leave to File Response Under Seal Motion is RIPE 1/11/2019. Any party may file a motion to reconsider within three (3) business days of a ruling o filed by B Renee Bernard, Judith A Chance, JRMF Leasing Corporation, Karen L McElliott, Jack L Rowe, Vestavia Hills, Ltd., Frank A Virgadamo. (Campbell, Andrew) |
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Filing 11
TEXT ORDER re #10 MOTION for Extension of Time To Respond To Complaint and Motion For Leave to File Response Under Seal. Any opposition is due by January 13, 2019. Signed by Magistrate Judge John H. England, III on 1/11/2019. (CDG)
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| Filing 10 MOTION for Extension of Time To Respond To Complaint and Motion For Leave to File Response Under Seal Motion is RIPE 1/11/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed, MOTION for Extension of Time to File Answer To Respond To Complaint and Motion For Leave to File Response Under Seal Motion is RIPE 1/11/2019. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Commonwealth Assisted Living, LLC Series E, Municipal Capital Appreciation Partners V, L.P.,. (Hitson, Brent) |
| Filing 9 SUMMONS Returned Executed by Karen L McElliott, Judith A Chance, Vestavia Hills, Ltd., B Renee Bernard, JRMF Leasing Corporation, Jack L Rowe, Frank A Virgadamo. Commonwealth Assisted Living, LLC Series E served on 12/24/2018, answer due 1/14/2019. (Campbell, Andrew) |
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Filing 8
TEXT ORDER granting #6 Motion to Seal Document. The Clerk is DIRECTED to seal Exhibit A to the Complaint, (docs. [1-1] & [1-2]). Signed by Magistrate Judge John H. England, III on 1/3/2019. (CDG)
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| Filing 7 SUMMONS Returned Executed Municipal Capital Appreciation Partners V, L.P., served (no date on green card). (AFS) |
| Filing 6 MOTION to Seal Document #1 Complaint, Exhibit A by Vestavia Hills, Ltd.. (Campbell, Andrew) |
| Filing 5 Alias Summons Issued as to Commonwealth Assisted Living, LLC Series E returned to Plaintiff for service. (AFS) |
| Filing 4 Summons Issued as to Municipal Capital Appreciation Partners V, L.P., mailed certified mail. (AFS) |
| Filing 3 Summons Issued as to Commonwealth Assisted Living, LLC Series E returned to Plaintiff for service. (AFS) |
| Filing Fee: Filing fee $400.00, (ALND B4601094201) receipt_number 1126-3239870. related document #1 COMPLAINT against Commonwealth Assisted Living, LLC, Series E, Municipal Capital Appreciation Partners V, L.P., filed by Vestavia Hills, Ltd., Judith A Chance, Karen L McElliott, Frank A Virgadamo, Jack L Rowe, JRMF Leasing Corporation, B Renee Bernard. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2)(AFS). (Campbell, Andrew) Modified on 12/18/2018 (AFS). |
| Filing 2 NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (AFS) |
| Filing 1 COMPLAINT against Commonwealth Assisted Living, LLC, Series E, Municipal Capital Appreciation Partners V, L.P., filed by Vestavia Hills, Ltd., Judith A Chance, Karen L McElliott, Frank A Virgadamo, Jack L Rowe, JRMF Leasing Corporation, B Renee Bernard. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2)(AFS) |
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