HIP Lending Group LLC v. Goalz Restaurant Group LLC et al
| HIP Lending Group LLC |
| Goalz Restaurant Group LLC, Goalz Restaurant Group KTY LLC, Goalz DH Springs CO LLC, Goalz Dairy Ft Pierce FL LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group NCSC LLC, Goalz Dairy Denver NC LLC, Shawn Eby, Goalz DH Slidell LA 112 LLC, Goalz DH IL 107 LLC, Goalz CD Pooler GA LLC, Goalz DH IL 109 LLC, Goalz DH Georgetown KY 111 LLC, Goalz Restaurant Group COWY LLC and Goalz DQ Denver NC LLC |
| 2:2020cv00544 |
| March 16, 2020 |
| U.S. District Court for the District of Arizona |
| Diane J Humetewa |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 MOTION to Dismiss for Failure to State a Claim - Defendants' Counterclaims by HIP Lending Group LLC. (Attachments: #1 Exhibit 1)(Brailsford, Philip) |
| Filing 34 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Oral Argument held on 5/12/2020 re: #4 Motion to Appoint Receiver filed by HIP Lending Group LLC. By close of business on Friday, 5/15/2020, the parties shall meet and confer regarding any updated information that may affect any of the parties, including the two sales that were mentioned and any other similar matters that this Court should be aware of. Prior to filing any status report, Counsel for defendants shall provide a draft of the statement to counsel for plaintiff. Any disputed or additional information by plaintiff should be included in the statement. At the conclusion of the oral argument the Court took the #4 Motion to Appoint Receiver under advisement. LATER (off the record): IT IS ORDERED that plaintiff's #4 Motion to Appoint Receiver is GRANTED, written order to follow. The parties shall meet and confer and jointly submit by no later than 10:00 AM on 5/22/2020 an alternate proposed receiver that is acceptable to both parties and meets the qualifications noted on the record by the Court. If the parties cannot agree on an alternate proposed receiver, each party shall submit by no later than 10:00 AM on 5/22/2020 one alternate proposed receiver with the highlighted level of experience in fast food restaurants, restaurants, franchises, etc. as discussed on the record. Additionally, plaintiff may supplement the information in the record regarding the currently proposed receiver. APPEARANCES: Telephonic appearance by Anthony Austin for Plaintiff. Telephonic appearance by Ryan Lorenz for Defendants. Status Report due by 5/15/2020. (Court Reporter Linda Schroeder.) Hearing held 10:00 AM to 11:06 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
Filing 33
ORDER - IT IS ORDERED that Defendants' Motion to Dismiss (Doc. #24 ) is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion to Seal (Doc. #31 ) is GRANTED. The Clerk of Court is respectfully directed to seal Doc. #28 -1. (See document for complete details). Signed by Judge Diane J Humetewa on 5/7/20. (SLQ)
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| Filing 32 RESPONSE in Opposition re: #24 MOTION to Dismiss Case filed by HIP Lending Group LLC. (Attachments: #1 Exhibit 1)(Brailsford, Philip) |
| Filing 31 MOTION to Seal Document #28 Reply to Response to Motion Exhibit 1 (28-1) Only by HIP Lending Group LLC. (Attachments: #1 Text of Proposed Order)(Brailsford, Philip) |
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Filing 30
ORDER: IT IS ORDERED setting a Telephonic Oral Argument on Plaintiff's Motion to Appoint Receiver (Doc. #4 ) for 5/12/2020 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. IT IS FURTHER ORDERED that if any member of the public wishes to listen to the telephonic hearing, they shall contact chambers via electronic mail at [email protected] to request dial-in instructions to listen to the hearing. ORDERED by Judge Diane J Humetewa on 4/28/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 29 Additional Attachments to Main Document re: #28 Reply to Response to Motion Redacted Exhibit 2 by Counter Defendant HIP Lending Group LLC. (Brailsford, Philip) |
| Filing 28 REPLY to Response to Motion re: #4 MOTION to Appoint Receiver filed by HIP Lending Group LLC. (Attachments: #1 Exhibit 1 - email chain, #2 Exhibit 2 - supplemental declaration of Craig Hannay)(Brailsford, Philip) *Modified to Temporarily Seal Pending the Filing of a Motion to Seal 4/27/2020 (NKS). *Modified to seal per order #33 on 5/7/2020 (SLQ). |
| Filing 27 NOTICE of Errata re: #1 Complaint Exhibits B, D and E by Plaintiff HIP Lending Group LLC.. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E)(Brailsford, Philip) |
| Filing 26 RESPONSE to Motion re: #4 MOTION to Appoint Receiver filed by Shawn Eby, Goalz CD Pooler GA LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH IL 107 LLC, Goalz DH IL 109 LLC, Goalz DH Slidell LA 112 LLC, Goalz DH Springs CO LLC, Goalz Dairy Denver NC LLC, Goalz Dairy Ft Pierce FL LLC, Goalz Restaurant Group COWY LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group KTY LLC, Goalz Restaurant Group LLC, Goalz Restaurant Group NCSC LLC. (Attachments: #1 Exhibit 1 - Spreadsheet of Values, #2 Exhibit 2 - Balance Sheet)(Lorenz, Ryan) |
| Filing 25 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Goalz DH Springs CO LLC, Goalz Restaurant Group COWY LLC, Goalz CD Pooler GA LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH IL 109 LLC, Goalz Restaurant Group LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group NCSC LLC, Shawn Eby, Goalz DH IL 107 LLC, Goalz Dairy Denver NC LLC, Goalz Restaurant Group KTY LLC, Goalz DH Slidell LA 112 LLC, Goalz Dairy Ft Pierce FL LLC.(Lorenz, Ryan) |
| Filing 24 MOTION to Dismiss Case by Shawn Eby, Goalz CD Pooler GA LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH IL 107 LLC, Goalz DH IL 109 LLC, Goalz DH Slidell LA 112 LLC, Goalz DH Springs CO LLC, Goalz Dairy Denver NC LLC, Goalz Dairy Ft Pierce FL LLC, Goalz Restaurant Group COWY LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group KTY LLC, Goalz Restaurant Group LLC, Goalz Restaurant Group NCSC LLC. (Lorenz, Ryan) |
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Filing 23
AMENDED ORDER approving the Stipulation (Doc. #21 ) to extend Defendants' time to respond to Plaintiff's Complaint and Motion for Appointment of Receiver until April 22, 2020. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendants' answer to the complaint after the extension. Absent extraordinary circumstances, no further extensions of these deadlines will be granted. Signed by Judge Diane J Humetewa on 4/16/2020. (LFIG)
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Filing 22
AMENDED by Doc. #23 ORDER approving the Stipulation (Doc. #21 ) to extend Defendants' time to respond to Plaintiff's Complaint and Motion for Appointment of Receiver until April 17, 2020. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendants' answer to the complaint after the extension. Absent extraordinary circumstances, no further extensions of these deadlines will be granted. Signed by Judge Diane J Humetewa on 4/26/2020. (LFIG) Modified on 4/16/2020 to reflect that filer is aware of the blank page. (LFIG) Modified on 4/16/2020 (LFIG).
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| Filing 21 STIPULATION FOR ENLARGEMENT OF TIME FOR ANSWER AND RESPONSE TO MOTION TO APPOINT RECEIVER by Shawn Eby, Goalz CD Pooler GA LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH IL 107 LLC, Goalz DH IL 109 LLC, Goalz DH Slidell LA 112 LLC, Goalz DH Springs CO LLC, Goalz Dairy Denver NC LLC, Goalz Dairy Ft Pierce FL LLC, Goalz Restaurant Group COWY LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group KTY LLC, Goalz Restaurant Group LLC, Goalz Restaurant Group NCSC LLC. (Lorenz, Ryan) |
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Filing 20
ORDER setting a Rule 16 Scheduling Conference for 7/7/2020 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 4/8/2020. (See Order for details.) (LFIG)
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Filing 19
ORDER granting the #18 Stipulation and a one-time extension of time until 4/15/2020 for Defendants to respond to the complaint and to respond to Plaintiff's #4 Motion for Appointment of Receiver. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. Signed by Judge Diane J Humetewa on 4/8/2020. (LFIG)
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| Filing 18 *STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT #1 and Respond to #4 Motion for Appointment of Receiver by Shawn Eby, Goalz CD Pooler GA LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH IL 107 LLC, Goalz DH IL 109 LLC, Goalz DH Slidell LA 112 LLC, Goalz DH Springs CO LLC, Goalz Dairy Denver NC LLC, Goalz Dairy Ft Pierce FL LLC, Goalz Restaurant Group COWY LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group KTY LLC, Goalz Restaurant Group LLC, Goalz Restaurant Group NCSC LLC. (Attachments: #1 Text of Proposed Order Order)(Lorenz, Ryan) *Modified to correct text on 4/9/2020 (WLP). |
| Filing 17 Corporate Disclosure Statement by Goalz CD Pooler GA LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH IL 107 LLC, Goalz DH IL 109 LLC, Goalz DH Slidell LA 112 LLC, Goalz DH Springs CO LLC, Goalz Dairy Denver NC LLC, Goalz Dairy Ft Pierce FL LLC, Goalz Restaurant Group COWY LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group KTY LLC, Goalz Restaurant Group LLC, Goalz Restaurant Group NCSC LLC. (Lorenz, Ryan) |
| Filing 16 NOTICE of Appearance by Ryan James Lorenz on behalf of Shawn Eby, Goalz CD Pooler GA LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH IL 107 LLC, Goalz DH IL 109 LLC, Goalz DH Slidell LA 112 LLC, Goalz DH Springs CO LLC, Goalz Dairy Denver NC LLC, Goalz Dairy Ft Pierce FL LLC, Goalz Restaurant Group COWY LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group KTY LLC, Goalz Restaurant Group LLC, Goalz Restaurant Group NCSC LLC. (Lorenz, Ryan) |
| Filing 15 *SERVICE EXECUTED filed by HIP Lending Group LLC: Certificate of Service re: Initial Complaint Packet upon Goalz Restaurant Group LLC on 3/19/2020, Goalz DH Spring Co. LLC on 3/24/2020 and the following parties on 3/18/2020: Goalz CD Pooler GA LLC, Goalz Dairy Denver NC LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH Slidell LA 112 LLC, Goalz Restaurant Group COWY LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group KTY LLC, Goalz Restaurant Group NCSC LLC, Shawn Eby. (Attachments: #1 Certificate of Record Exh A_Certificates of Service from Process Server)(Austin, Anthony) *Modified to add service dates on 4/7/2020 (WLP). |
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Filing 14
ORDER granting in part and denying in part the #5 Motion for Expedited Consideration of Plaintiff's Motion for the Appointment of Receiver. Defendants shall respond to Plaintiff's Motion for the #4 Appointment of Receiver within twenty-one days of it being served on them, and Plaintiff may file a reply with five days of Defendants filing their response. IT IS FURTHER ORDERED that Plaintiff shall serve in compliance with Rule 4, a copy of this Order on Defendants within three days of the date of this Order. Plaintiff shall also send via email and First Class U.S. Mail a copy of this Order on Defendants within one day of the date of this Order. Plaintiff shall also file an affidavit that details compliance with this Order. Signed by Judge Diane J Humetewa on 3/23/2020. (LFIG)
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| Filing 13 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-20-544-PHX-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 12 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 10 AFFIDAVIT of Anthony W. Austin re: #8 Summons Issued, #9 Order of Recusal, #4 MOTION to Appoint Receiver, #7 Notice re Mandatory Initial Discovery Pilot (MIDP), #1 Complaint, #2 Corporate Disclosure Statement, #6 New Case Opened, #5 MOTION to Expedite Consideration of Motion for Appointment of Receiver by Plaintiff HIP Lending Group LLC. (Austin, Anthony) |
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Filing 9
ORDER OF RECUSAL. Reassigning this case to Magistrate Judge Bibles for all further proceedings. All future pleadings shall bear the following case caption: CV 20-00544-PHX-CDB. Signed by Judge Dominic W Lanza on 3/17/20. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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| Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 8 Summons Issued as to Shawn Eby, Goalz CD Pooler GA LLC, Goalz DH Georgetown KY 111 LLC, Goalz DH IL 107 LLC, Goalz DH IL 109 LLC, Goalz DH Slidell LA 112 LLC, Goalz DH Springs CO LLC, Goalz Dairy Denver NC LLC, Goalz Dairy Ft Pierce FL LLC, Goalz Restaurant Group COWY LLC, Goalz Restaurant Group FLA LLC, Goalz Restaurant Group KTY LLC, Goalz Restaurant Group LLC, Goalz Restaurant Group NCSC LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 7 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) |
| Filing 6 Filing fee paid, receipt number 0970-18072469. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-20-544-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 5 MOTION for Expedited Consideration of Motion for Appointment of Receiver by HIP Lending Group LLC. (Austin, Anthony) (Attachments: #1 Text of Proposed Order)(ARC) |
| Filing 4 MOTION to Appoint Receiver by HIP Lending Group LLC. (Austin, Anthony) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(ARC) |
| Filing 3 SUMMONS Submitted by HIP Lending Group LLC. (Austin, Anthony) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons)(ARC) |
| Filing 2 Corporate Disclosure Statement by HIP Lending Group LLC. (Austin, Anthony) (ARC) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18072469 filed by HIP Lending Group LLC. (Austin, Anthony) (Attachments: #1 Civil Cover Sheet, #2 Index, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N)(ARC) |
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