EGAE, LLC v. Fudge et al
| EGAE, LLC |
| Marcia Fudge, Midcap Financial Trust and Midcap Funding Investment X, LLC |
| 3:2023cv00003 |
| January 9, 2023 |
| US District Court for the District of Alaska |
| H Russel Holland |
| Joshua M Kindred |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0701 Maritime Subsidy Board |
| None |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 26
MOTION to Dismiss Counterlcaims Filed by Midcap Funding Investement X, LLC by EGAE, LLC(an Alaska limited liability company).(Stibitz, Brian)
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Filing 25
MINUTE ENTRY for proceedings held before Judge Joshua M. Kindred: Motion Hearing held telephonically at 10:05 AM to 10:19 AM on 2/22/2023. Court and counsel heard re Motion for Extension of Time to File Response/Reply #21 and Motion to Appoint Receiver #19 . Motion for Extension of Time to File Response/Reply #21 GRANTED. Plaintiff's opposition to Motion to Appoint Receiver #19 is due 60 days from the filing of Plaintiff's Motion to Dismiss. TELEPHONIC APPEARANCE: Brian J. Stibitz and Robert A. Bouvatte, Jr. for Plaintiff; Richard R. Moses for Defendant Midcap Funding Investment X, LLC; Stacy M. Baldwin, Official Court Reporter. (SDW, COURT STAFF)
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Filing 24
RESPONSE in Opposition re #21 MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Appoint Receiver filed by Midcap Funding Investment X, LLC. (Attachments: #1 Proposed Order)(Casperson, John)
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Filing 23
JMK TEXT ORDER: The Court will hear Oral Argument on EGAE, LLCs Motion for Extension of Time at Docket #21 on February 22, 2023, at 10:00 a.m. in a Remote Proceeding before Joshua M. Kindred. EGAE LLCs deadline to oppose Midcap Funding Investment X, LLCs Motion to Appoint Receiver at Docket #19 is VACATED. The Court will issue a new briefing schedule on Docket #19 after hearing the parties arguments. The parties shall attend by calling (571) 353-2301, Call ID 304675592, PIN 770432, from a landline five minutes prior to the hearing. (LLR, CHAMBERS STAFF)
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Filing 22
Proposed Order for Extension of Time to File Response/Reply as to #21 MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Appoint Receiver by EGAE, LLC(an Alaska limited liability company).(Stibitz, Brian) Modified on 2/15/2023 to clarify docket text and terminate motion event. (JLH, COURT STAFF)
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Filing 21
MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Appoint Receiver by EGAE, LLC(an Alaska limited liability company).(Stibitz, Brian)
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Filing 20
Amended COUNTERCLAIM against EGAE, LLC, filed by Midcap Funding Investment X, LLC. (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, #13 Exhibit M, #14 Exhibit N)(Casperson, John)
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Filing 19
MOTION to Appoint Receiver by Midcap Funding Investment X, LLC. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Affidavit Declaration of Brent Michael, #22 Affidavit Declaration of Kevin Hanchett, #23 Proposed Order)(Casperson, John)
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Filing 18
AFFIDAVIT of Service for Complaint, Summons, Corporate Disclosure Statement, Errata Notice of Related Cases, Motion for Leave to Appear Pro Hac Vice served on Civil Process Clerk, U.S. Attorney's Office, District of Alaska on January 12, 2023, filed by EGAE, LLC. (Stibitz, Brian)
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Filing 17
AFFIDAVIT of Service for Complaint , Summons, Corporate Disclosure Statement, Errata Notice of Related Cases, and Motion for Leave to Appear Pro Hac Vice served on Marcia Fudge, in her capacity as Secretary of US Dept of HUD on January 17, 2023, filed by EGAE, LLC. (Stibitz, Brian)
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Filing 16
AFFIDAVIT of Service for Complaint, etc Summons, Corporate Disclosure Statement, Errata Notice of Related Cases and Motion for Leave to Appear Pro Hac Vice served on U.S. Department of Justice Office of the Attorney General, Merrick Garland on January 17, 2023, filed by EGAE, LLC. (Stibitz, Brian)
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Filing 15
ANSWER to #6 Complaint, , COUNTERCLAIM against EGAE, LLC by Midcap Funding Investment X, LLC, Midcap Financial Trust. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Casperson, John)
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Filing 14
AFFIDAVIT of Service for Complaint, Summons, Corporate Disclosure Statement, Errata Notice of Related Cases, Motion for Leave to Appear Pro Hac Vice served on Midcap Financial Trust, Midcap Funding Investment LLC on 01-11-23, filed by EGAE, LLC. (Stibitz, Brian)
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Filing 13
NOTICE of Appearance by John E. Casperson on behalf of Midcap Financial Trust, Midcap Funding Investment X, LLC (Casperson, John)
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Filing 12
NOTICE of Change of Address by Brian J. Stibitz (Stibitz, Brian)
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Filing 11
CLERK'S NOTICE re #4 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Robert A. Bouvatte, Jr., at docket #4 , is authorized under L.Civ.R. 83.1(d). (JLH, COURT STAFF)
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Filing 10
Receipt of 250.00 non-resident attorney payment for Robert A. Bouvatte, Jr. as to Plaintiff EGAE, LLC. re #4 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Robert A. Bouvatte, Jr. (BJK, COURT STAFF)
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Filing 9
Unissued summons re Defendant US Attorney, (Attachments: #1 Unissued Summons re Defendant US DOJ)(LMH, COURT STAFF)
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Filing 8
HRH TEXT ORDER: Pursuant to the system of random case assignments, this action is hereby reassigned to the Honorable Joshua M. Kindred for all further proceedings. Please use the following case number on all future filings: 3:23-cv-00003-JMK. (JLH, COURT STAFF)
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Filing 7
Unissued summons re Defendant Midcap Financial Trust, (Attachments: #1 Unissued Summons re Defendant Midcap Funding Investment, #2 Unissued Summons re Defendant M. Fudge)(LMH, COURT STAFF)
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Filing 6
COMPLAINT against Marcia Fudge, Midcap Financial Trust, Midcap Funding Investment X, LLC (Filing fee $ 402-Rcpt - 100019777.), filed by EGAE, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(LMH, COURT STAFF)
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Summons Issued as to Marcia Fudge, Midcap Financial Trust, Midcap Funding Investment X, LLC, U.S. Attorney, and U.S. DOJ (LMH, COURT STAFF) Modified on 1/10/2023 to correct text (LMH, COURT STAFF).
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Filing 5
NOTICE ERRATA NOTICE OF RELATED CASES by EGAE, LLC re #3 Notice (Other) (Stibitz, Brian)
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Filing 4
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Robert A. Bouvatte, Jr. by EGAE, LLC.(Stibitz, Brian)
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Filing 3
NOTICE OF RELATED CASES by EGAE, LLC re #1 Civil Cover Sheet, #2 Corporate Disclosure Statement (Stibitz, Brian)
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Filing 2
Corporate Disclosure Statement by EGAE, LLC. (Stibitz, Brian)
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Filing 1
Civil Cover Sheet. (Stibitz, Brian) (LMH, COURT STAFF). Modified on 1/10/2023 to add correct document(LMH, COURT STAFF).
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