Simmons Bank v. First Capital Victoria LLC et al
| Heartland Bank and Simmons Bank |
| First Capital Victoria LLC, Brandon Keller, First Capital Real Estate Advisors LP, First Capital Retail LLC, First Capital Real Estate Investments LLC, First Capital Jourdanton LLC, First Capital Hobbs LLC, Ramesh Prasad, Suneet Singal, TCA Global Credit Master Fund LP, RREAF Jourdanton LLC, RREAF Hobbs LLC and RREAF Victoria LLC |
| 4:2017cv00549 |
| August 29, 2017 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| Pulaski |
| J Leon Holmes |
| D P Marshall |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on June 21, 2019. A more recent docket listing may be available from PACER.
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| Filing 126 MANDATE of USCA in accordance with the judgment of 06/21/2019, as to #118 Notice of Appeal, filed by First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Hobbs LLC, Suneet Singal, First Capital Victoria LLC. (cmn) |
| Filing 125 USCA JUDGMENT as to #118 Notice of Appeal, filed by First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Hobbs LLC, Suneet Singal, First Capital Victoria LLC: Appellants' motion to dismiss the appeal is granted. The appeal is hereby dismissed. (cmn) |
| Filing 124 USCA Appeal Fees received $505 receipt number LIT072300 re #118 Notice of Appeal, filed by First Capital Victoria LLC, First Capital Jourdanton LLC, First Capital Hobbs LLC, First Capital Real Estate Investments LLC, First Capital Real Estate Advisors L.P., and Suneet Singal. (cmn) |
Filing 123
ORDER of USCA as to #118 Notice of Appeal, filed by First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Hobbs LLC, Suneet Singal, First Capital Victoria LLC: The appellant has failed to pay to the Clerk of the United States District Court the requisite docketing fees. Accordingly, appellant is directed to show cause, within 14 days of the date of this order, why this appeal should not be dismissed for failure to prosecute. (cmn)
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Filing 122
ORDER granting as modified #115 Motion for attorney fees. Suneet Singal, First Capital Victoria, First Capital Jourdanton, First Capital Hobbs, and First Capital Real Estate Investments owe Simmons Bank a total of $82,073.80 more. Signed by Judge D. P. Marshall Jr. on 5/6/2019. (jak)
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| Filing 121 RESPONSE to Motion re #115 MOTION for Attorney Fees and Costs filed by Simmons Bank. (Chiles, E.) |
| Filing 120 USCA Docketing Letter as to #118 Notice of Appeal, filed by First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Hobbs LLC, Suneet Singal, First Capital Victoria LLC. USCA Case Number 19-1806. (cmn) |
| NOTICE OF DOCKET CORRECTION re #118 Notice of Appeal. CORRECTION: The docket text was modified to correct the party filers as First Capital Victoria LLC, First Capital Jourdanton LLC, First Capital Hobbs LLC, First Capital Real Estate Investments LLC, First Capital Real Estate Advisors L.P., and Suneet Singal as marked on the document. (jak) |
| Filing 119 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #118 Notice of Appeal re #111 Order and #112 Judgment. (cmn) |
| Filing 118 NOTICE OF APPEAL as to #112 Judgment and #111 Order by First Capital Victoria LLC, First Capital Jourdanton LLC, First Capital Hobbs LLC, First Capital Real Estate Investments LLC, First Capital Real Estate Advisors L.P., and Suneet Singal. (Sarelson, Matthew) (Docket text modified on 4/19/2019 to correct the party filers) (jak) |
| Filing 117 DOCKET ENTRY FILED IN ERROR - DISREGARD. (Sarelson, Matthew) (Docket text modified on 4/18/2019 to indicate the document was filed in error.)(cmn) |
| NOTICE OF DOCKET CORRECTION re #117 Notice of Appeal. CORRECTION: The docket text was modified to indicate the document was filed in error. The correct document was filed as #118 Notice of Appeal. (cmn) |
| Filing 116 BRIEF IN SUPPORT re #115 Motion for Attorney Fees and Costs filed by Simmons Bank. (Keller, Thomas) |
| Filing 115 MOTION for Attorney Fees and Costs by Simmons Bank (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Keller, Thomas) |
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Filing 114
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #113 , granted. Motion for attorneys' fees due by 12 April 2019. Signed by Judge D. P. Marshall Jr. on 4/5/2019. (slb)
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| Filing 113 Unopposed MOTION to Extend Time by Simmons Bank (Keller, Thomas) |
| Filing 112 JUDGMENT: Simmons Bank shall have judgment against First Capital Victoria LLC for $5,985,241.98; Simmons Bank shall have judgment against First Capital Jourdanton LLC for $6,6880,964.86; Simmons Bank shall have judgment against First Capital Hobbs LLC for $8,027,364.61; Simmons Bank shall have judgment against First Capital Real Estate Investments LLC for $14,908,329.47; Simmons Bank shall have judgment against Suneet Singal for $20,893,571.45; all claims against First Capital Retail LLC, RREAF Victoria LLC, RREAF Jourdanton LLC, RREAF Hobbs LLC, First Capital Real Estate Advisors LP, TCA Global Credit Master Fund LP, Brandon "Rocky" Kaller, and Ramesh Prasad are dismissed without prejudice; Counts III and IV of the second amended complaint are dismissed without prejudice. Simmons Bank, Trustee of Heartland Bank Liquidating Trust U/I/D 3/8/2018, is entitled to seek allowable costs by motion due 4/5/2019. The amounts awarded in the Judgment shall bear post-judgment interest at 2.52% per annum until paid in full. Signed by Judge D. P. Marshall Jr. on 3/21/2019. (kdr) |
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Filing 111
ORDER granting #89 , #105 , and #110 Motions. Signed by Judge D. P. Marshall Jr. on 3/21/2019. (jak)
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| Filing 110 MOTION for Leave to File to withdraw as local counsel by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, Suneet Singal (Jung, David)(Docket text modified on 3/14/2019 to correct the party filers) (jak) |
| NOTICE OF DOCKET CORRECTION re #110 MOTION for Leave to File to withdraw as local counsel. CORRECTION: The docket text was modified to correct the party filers as "First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, and Suneet Singal". (jak) |
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Filing 109
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Consistent with the Court's previous Order, No. 71 , motion, No. #108 , granted. Reply, No. [108-1], deemed filed. Signed by Judge D. P. Marshall Jr. on 3/1/2019. (slb)
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| Filing 108 MOTION for Leave to File by Simmons Bank (Attachments: #1 Exhibit Reply ISO Simmons Bank's MTD wo Prejudice as to First Capital Retail, LLC and to Dismiss wo Prejudice Counts III and IV)(Keller, Thomas) |
| Filing 107 RESPONSE to Motion re #105 MOTION to Dismiss Counts III & IV filed by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Retail LLC, First Capital Victoria LLC, Suneet Singal. (Jung, David) |
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Filing 106
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: This case is third out for trial the week of 8 April 2019 and unlikely to be tried then. The pretrial set for 21 March 2019 is canceled, and the Final Scheduling Order, No. #84 , is suspended. The Court will rule on the pending motions, which may be dispositive, and issue an Amended Final Scheduling Order if necessary in due course. Signed by Judge D. P. Marshall Jr. on 2/21/2019. (slb)
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| Filing 105 MOTION to Dismiss by Simmons Bank (Keller, Thomas) |
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Filing 104
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: This case is currently third-out for a bench trial in April. The Court sets a "maybe" pretrial for 1:30 p.m. on Thursday, 21 March 2019 in Little Rock Courtroom B-155. The Court will cancel this hearing, and continue the trial, if it becomes clear in mid-March that this case cannot be tried in April. Signed by Judge D. P. Marshall Jr. on 2/7/2019. (slb)
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| Filing 103 REPLY to Response to Motion re #89 MOTION for Partial Summary Judgment filed by Simmons Bank. (Keller, Thomas) |
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Filing 102
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #101 , granted. Response due by 6 February 2019. Signed by Judge D. P. Marshall Jr. on 1/29/2019. (slb)
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| Filing 101 Unopposed MOTION for Extension of Time to File Response/Reply in Support of Motion for Partial Summary Judgment by Simmons Bank (Keller, Thomas) |
| Filing 100 RESPONSE in Opposition re #89 MOTION for Partial Summary Judgment on Counts I and II filed by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, Suneet Singal. (Jung, David) |
| Filing 99 RESPONSE re #91 Statement of Facts (Local Rule 56.1) by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, Suneet Singal (Jung, David) |
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Filing 98
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #97 , granted. Response due by 22 January 2019. No further extensions absent truly extraordinary circumstances. Signed by Judge D. P. Marshall Jr. on 1/15/2019. (slb)
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| Filing 97 Unopposed MOTION for Extension of Time to File Response/Reply as to #89 MOTION for Partial Summary Judgment Third Unopposed Motion for Extension by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal (Jung, David) |
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Filing 96
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #95 , granted. Response due by 17 January 2019. Signed by Judge D. P. Marshall Jr. on 1/8/2019. (slb)
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| Filing 95 Second MOTION for Extension of Time to File Response/Reply as to #89 MOTION for Partial Summary Judgment Second Unopposed Motion for Extension by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal (Jung, David) |
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Filing 94
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #93 , granted. Response due by 10 January 2019. Signed by Judge D. P. Marshall Jr. on 12/19/2018. (slb)
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| Filing 93 Unopposed MOTION for Extension of Time to File Response/Reply as to #89 MOTION for Partial Summary Judgment by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal (Jung, David) |
| Filing 92 STATUS REPORT Joint Status Report by Simmons Bank. (Keller, Thomas) |
| Filing 91 STATEMENT OF FACTS (Local Rule 56.1) re #89 Motion for Partial Summary Judgment filed by Simmons Bank. (Keller, Thomas) |
| Filing 90 BRIEF IN SUPPORT re #89 Motion for Partial Summary Judgment filed by Simmons Bank. (Keller, Thomas) |
| Filing 89 MOTION for Partial Summary Judgment by Simmons Bank (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Keller, Thomas) |
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Filing 88
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Joint status report, No. #87 , noted and appreciated. Signed by Judge D. P. Marshall Jr. on 9/11/2018. (slb)
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| Filing 87 STATUS REPORT (Joint) by Simmons Bank. (Keller, Thomas) |
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Filing 86
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Defendants have informally advised the Court that the motion to substitute is unopposed. Motion, No. #85 , granted. Simmons Bank, trustee of the Heartland Bank Liquidating Trust U/I/D March 8, 2018, is substituted as the Plaintiff in this case. Signed by Judge D. P. Marshall Jr. on 4/10/2018. (slb)
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| Filing 85 MOTION to Substitute Party by Heartland Bank (Attachments: #1 Exhibit Exhibit 1 Certificate of Liquidation)(Keller, Thomas) |
| Filing 84 FINAL SCHEDULING ORDER: Bench Trial set for 4/8/2019 at 9:30 AM in Little Rock Courtroom #1A before Judge D. P. Marshall Jr. Discovery due by 11/13/2018. Motions due by 12/13/2018. Pretrial Disclosure Sheet due by 3/7/2019. Signed at the direction of the Court on 3/2/2018. (slb) |
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Filing 83
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Rule 26(f) report, No. #55 , appreciated. The Court prefers its proposed deadlines, as modified. To better manage the Court's calendar, the dispositive motions will be due one month earlier than planned. Other deadlines, including discovery cutoff, will also be moved back a month. A Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 3/2/2018. (slb)
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| Filing 82 ANSWER to #81 Amended Complaint,,, by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, Suneet Singal.(Jung, David) |
| Filing 81 AMENDED COMPLAINT Verified Second Amended Complaint against All Defendants, filed by Heartland Bank (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30)(Keller, Thomas) |
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Filing 80
ORDER: Stipulation #77 noted. RREAF Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, TCA Global Credit Master Fund LP, Brandon "Rocky" Kaller, and Ramesh Prasad are dismissed without prejudice. The Court directs the Clerk to update the docket. Motions #17 , #61 , and #64 denied without prejudice as moot. #78 Motion to amend is granted. Second amended complaint due by 2/20/2018. #67 Motion to dismiss is denied without prejudice as moot. The 3/23/2018 hearing is cancelled. A Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 2/13/2018. (jak)
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| Filing 79 RESPONSE in Opposition re #17 MOTION to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction, #61 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #64 MOTION to Dismiss Verified Motion to Dismiss for Want of Personal Jurisdiction, #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Counts V & VI with prejudice for failure to state a cause of action filed by Heartland Bank. (Keller, Thomas) |
| Filing 78 MOTION to Amend/Correct by Heartland Bank (Attachments: #1 Proposed Verified Second Amended Complaint, #2 Exhibit 1 to Proposed Verified Second Amended Complaint, #3 Exhibit 2 to Proposed Verified Second Amended Complaint, #4 Exhibit 3 to Proposed Verified Second Amended Complaint, #5 Exhibit 4 to Proposed Verified Second Amended Complaint, #6 Exhibit 5 to Proposed Verified Second Amended Complaint, #7 Exhibit 6 to Proposed Verified Second Amended Complaint, #8 Exhibit 7 to Proposed Verified Second Amended Complaint, #9 Exhibit 8 to Proposed Verified Second Amended Complaint, #10 Exhibit 9 to Proposed Verified Second Amended Complaint, #11 Exhibit 10 to Proposed Verified Second Amended Complaint, #12 Exhibit 11 to Proposed Verified Second Amended Complaint, #13 Exhibit 12 to Proposed Verified Second Amended Complaint, #14 Exhibit 13 to Proposed Verified Second Amended Complaint, #15 Exhibit 14 to Proposed Verified Second Amended Complaint, #16 Exhibit 15 to Proposed Verified Second Amended Complaint, #17 Exhibit 16 to Proposed Verified Amended Complaint, #18 Exhibit 17 to Proposed Verified Second Amended Complaint, #19 Exhibit 18 to Proposed Verified Second Amended Complaint, #20 Exhibit 19 to Proposed Verified Second Amended Complaint, #21 Exhibit 20 to Proposed Verified Second Amended Complaint, #22 Exhibit 21 to Proposed Verified Second Amended Complaint, #23 Exhibit 22 to Proposed Verified Second Amended Complaint, #24 Exhibit 23 to Proposed Verified Second Amended Complaint, #25 Exhibit 24 to Proposed Verified Second Amended Complaint, #26 Exhibit 25 to Proposed Verified Second Amended Complaint, #27 Exhibit 26 to Proposed Verified Second Amended Complaint, #28 Exhibit 27 to Proposed Verified Second Amended Complaint, #29 Exhibit 28 to Proposed Verified Second Amended Complaint, #30 Exhibit 29 to Proposed Verified Second Amended Complaint, #31 Exhibit 30 to Proposed Verified Second Amended Complaint)(Keller, Thomas) |
| Filing 77 STIPULATION of Dismissal of RREAF Victoria, LLC; RREAF Hobbs, LLC; RREAF Jourdanton, LLC; TCA Global Credit Master Fund, LP; Brandon Rocky Kaller; and Ramesh Prasad by Heartland Bank. (Keller, Thomas) |
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Filing 76
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #75 , granted. Heartland's responses, and any proposed Second Amended Complaint, due by 9 February 2018. In the circumstances, the Court will grant no further extensions to Heartland. Signed by Judge D. P. Marshall Jr. on 2/2/2018. (slb)
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| Filing 75 MOTION to Extend Time by Heartland Bank (Keller, Thomas) |
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Filing 74
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #73 , granted. Heartland Bank's responses to the three pending motions, No. #61 , No. #64 , & No. #67 , due by 2 February 2018. Signed by Judge D. P. Marshall Jr. on 1/24/2018. (slb)
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| Filing 73 Unopposed MOTION for Extension of Time to File Response/Reply as to #61 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #65 Brief in Support, #64 MOTION to Dismiss Verified Motion to Dismiss for Want of Personal Jurisdiction, #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Counts V & VI with prejudice for failure to state a cause of action, #62 Brief in Support, #68 Brief in Support, by Heartland Bank (Price, Joseph) |
| Filing 72 NOTICE of Hearing Continued: Motion hearing reset for 3/23/2018 at 1:30 PM in Little Rock Courtroom #B-155 before Judge D. P. Marshall Jr. (slb) |
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Filing 71
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: The Court would benefit from a hearing on the pending motions. Nos. #17 , #61 , #64 , & #67 . Hearing set for 1:30 p.m. on Friday, 2 March 2018. Only one lawyer for each party need attend. If someone has an unavoidable conflict, please advise the Court as soon as practicable. TCA's motion, No. #70 , granted. Reply deemed filed. In the future, any moving party may reply within seven calendar days of the response. Signed by Judge D. P. Marshall Jr. on 1/17/2018. (slb)
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| Filing 70 MOTION for Leave to File Reply in Support of Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction by TCA Global Credit Master Fund LP (Attachments: #1 Exhibit A -- TCA's Reply in Support of Motion to Dismiss and Declaration of D. Silverman)(Roberts, Kristine) |
| Filing 69 PARTIAL ANSWER to #54 Amended Complaint,,,, AND AFFIRMATIVE DEFENSES by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal.(Jung, David) |
| Filing 68 BRIEF IN SUPPORT re #67 Motion to Dismiss for Failure to State a Claim, filed by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, Suneet Singal. (Jung, David) |
| Filing 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Counts V & VI with prejudice for failure to state a cause of action by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, Suneet Singal (Jung, David) |
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Filing 66
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #63 , granted. Leigh M. Chiles is relieved as counsel of record for TCA Global. Signed by Judge D. P. Marshall Jr. on 1/12/2018. (slb)
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| Filing 65 BRIEF IN SUPPORT re #64 Motion to Dismiss Verified Motion to Dismiss for Want of Personal Jurisdiction filed by Ramesh Prasad. (Jung, David) |
| Filing 64 MOTION to Dismiss Verified Motion to Dismiss for Want of Personal Jurisdiction by Ramesh Prasad (Attachments: #1 Exhibit A)(Jung, David) |
| Filing 63 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney () by TCA Global Credit Master Fund LP (Roberts, Kristine) |
| Filing 62 BRIEF IN SUPPORT re #61 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by Brandon Keller. (Attachments: #1 Exhibit A -- Declaration of Brandon "Rocky" Kaller in Support of MTD)(Roberts, Kristine) |
| Filing 61 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM () by Brandon Keller (Roberts, Kristine) |
| Filing 60 RESPONSE in Opposition re #17 MOTION to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction filed by Heartland Bank. (Keller, Thomas) |
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Filing 59
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #56 , granted. If he hasn't already done so, Mr. Matthew S. Sarelson must register with the CM/ECF for the Eastern District of Arkansas by 10 January 2018. Signed by Judge D. P. Marshall Jr. on 1/3/2018. (slb)
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Filing 58
ORDER granting #57 Motion to Extend Time. Answer or Rule 12(b) motion due by 1/15/2018. Signed by Judge D. P. Marshall Jr. on 12/27/2017. (jak)
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| Filing 57 Unopposed MOTION to Extend Time to Respond to Plaintiff's Amended Comlaint by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, Ramesh Prasad, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal (Jung, David) |
| Filing 56 MOTION for Leave to Appear pro hac vice by Matthew S. Sarelson. Fee $100 receipt number 0860-3173379. Filed by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, Ramesh Prasad, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal (Attachments: #1 Exhibit A - Declaration of Matthew S. Sarelson)(Jung, David) |
| Filing 55 REPORT of Rule 26(f) Planning Meeting by Heartland Bank. (Keller, Thomas) |
| Filing 54 AMENDED COMPLAINT against All Defendants, filed by Heartland Bank (Attachments: #1 Exhibit Promissory Note from FC Victoria to Heartland (December 2015), #2 Exhibit Promissory Note from FC Jourdanton to Heartland (December 2015), #3 Exhibit Promissory Note from FC Hobbs to Heartland (December 2015), #4 Exhibit FC Victoria Credit Agreement (December 2015), #5 Exhibit FC Jourdanton Credit Agreement (December 2015), #6 Exhibit FC Hobbs Credit Agreement (December 2015), #7 Exhibit FC Victoria Collateral Assignment of RREAF Note & Lien to Heartland (December 2015), #8 Exhibit FC Hobbs Collateral Assignment of RREAF Note & Lien to Heartland (December 2015), #9 Exhibit FC Jourdanton Collateral Assignment of RREAF Jourdanton Lien & Note (December 2015), #10 Exhibit FC Retail Guarantee of FC Victoria Note (December 2015), #11 Exhibit FC Retail Guarantee of FC Hobbs Note (December 2015), #12 Exhibit FC Investments Guarantee (December 2015), #13 Exhibit FC Investments Guarantee of FC Hobbs Note (December 2015), #14 Exhibit Singal Guaranty (November 2016), #15 Exhibit FC Investments Pledge and Security Agreement (November 2016), #16 Exhibit Bates Affidavit)(Keller, Thomas) |
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Filing 53
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion to amend complaint, No. #47 , granted. Amended complaint due by 19 December 2017. Motions to dismiss or for a more definite statement, No. #21 & No. #39 , denied without prejudice as moot. TCA Global's motion to dismiss for lack of personal jurisdiction, No. #17 , noted. Heartland Bank's response due by 10 January 2018. Kaller's answer or Rule 12(b) motion due by 10 January 2018. These last two deadlines are extended beyond the planned date to get past the holidays. Signed by Judge D. P. Marshall Jr. on 12/14/2017. (slb)
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Filing 52
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #51 , granted as modified. Kaller's answer or Rule 12(b) motion will be due two weeks after the Court rules on the motion to amend. Signed by Judge D. P. Marshall Jr. on 12/6/2017. (slb)
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| Filing 51 Unopposed MOTION for Extension of Time to File Responsive Pleading to Heartland Bank's Complaint by Brandon Keller (Roberts, Kristine) |
| Filing 50 NOTICE of Appearance by Kristine L. Roberts on behalf of Brandon Keller (Roberts, Kristine) |
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Filing 49
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #47 , noted. Response, if any, due by 6 December 2017. Unopposed motion, No. #48 , granted as modified. Heartland Bank's time to respond to Nos. #17 , #21 , & #39 is tolled until the Court rules on the motion to amend. Signed by Judge D. P. Marshall Jr. on 11/27/2017. (slb)
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| Filing 48 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss and/or Motion for a More Definite Statement, #17 MOTION to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction, #21 MOTION to Dismiss and/or Motion for a More Definite Statement by Heartland Bank (Keller, Thomas) |
| Filing 47 First MOTION to Amend/Correct #1 Complaint by Heartland Bank (Attachments: #1 Exhibit Verified Amended Complaint, #2 Exhibit Exhibit 1 to Verified Amended Complaint, #3 Exhibit Exhibit 2 to Verified Amended Complaint, #4 Exhibit Exhibit 3 to Verified Amended Complaint, #5 Exhibit Exhibit 4 to Verified Amended Complaint, #6 Exhibit Exhibit 5 to Verified Amended Complaint, #7 Exhibit Exhibit 6 to Verified Amended Complaint, #8 Exhibit Exhibit 7 to Verified Amended Complaint, #9 Exhibit Exhibit 8 to Verified Amended Complaint, #10 Exhibit Exhibit 9 to Verified Amended Complaint, #11 Exhibit Exhibit 10 to Verified Amended Complaint, #12 Exhibit Exhibit 11 to Verified Amended Complaint, #13 Exhibit Exhibit 12 to Verified Amended Complaint, #14 Exhibit Exhibit 13 to Verified Amended Complaint, #15 Exhibit Exhibit 14 to Verified Amended Complaint, #16 Exhibit Exhibit 15 to Verified Amended Complaint, #17 Exhibit Exhibit 16 to Verified Amended Complaint)(Keller, Thomas) |
| Filing 46 AFFIDAVIT re #1 Complaint served on TCA Global Credit Master Fund, LP by Heartland Bank. (Price, Joseph) |
| Filing 45 AFFIDAVIT re #1 Complaint by Heartland Bank. (Price, Joseph) |
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Filing 44
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #43 , granted. Response to No. #39 due by 27 November 2017. Signed by Judge D. P. Marshall Jr. on 11/17/2017. (slb)
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| Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss and/or Motion for a More Definite Statement by Heartland Bank (Price, Joseph) |
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Filing 42
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #41 , granted. Response to No. #17 due by 24 November 2017. Signed by Judge D. P. Marshall Jr. on 11/13/2017. (slb)
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| Filing 41 Second MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction by Heartland Bank (Keller, Thomas) |
| Summons Issued as to Brandon Keller. Summons returned to plaintiff's attorney for service upon defendant Keller. (jap) |
| Summons Reissued as to TCA Global Credit Master Fund LP and returned to counsel for service. (fjg) |
| Filing 40 BRIEF IN SUPPORT re #39 Motion to Dismiss and/or Motion for a More Definite Statement filed by Ramesh Prasad. (Jung, David) |
| Filing 39 MOTION to Dismiss and/or Motion for a More Definite Statement by Ramesh Prasad (Jung, David) |
| Filing 38 NOTICE of Appearance by David Chan Jung on behalf of Ramesh Prasad (Jung, David) |
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Filing 37
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motion, No. #36 , granted. David Folsom and William R. Jenkins, Jr. are removed as counsel of record for Heartland Bank. Signed by Judge D. P. Marshall Jr. on 11/1/2017. (slb)
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| Filing 36 Unopposed MOTION to Withdraw as Attorney by Heartland Bank (Jenkins, William) |
| Filing 35 NOTICE of Appearance by Thomas Christoph Keller on behalf of Heartland Bank (Keller, Thomas) |
| Filing 34 SECOND AMENDED INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 12/26/2017. Bench Trial set for 4/8/2019 at 9:30 AM in Little Rock Courtroom #1A before Judge D. P. Marshall Jr. Signed at the direction of the Court on 10/27/2017. (slb) |
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Filing 33
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, No. #32 , granted. Response to No. #17 due by 10 November 2017. Response to No. #21 due by 27 November 2017. The Court cannot keep the trial date previously set by Judge Holmes. A Second Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 10/27/2017. (slb)
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| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction, #21 MOTION to Dismiss and/or Motion for a More Definite Statement, #22 Brief in Support, #18 Brief in Support by Heartland Bank (Price, Joseph) |
| Filing 31 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on #30 Order, the Clerk's office has reassigned the case to Judge D. P. Marshall Jr. on 10/26/2017. (scw) |
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Filing 30
ORDER directing the Clerk to reassign this action to another judge. Signed at the Direction of the Court on 10/26/2017. (ljb)
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| Filing 29 NOTICE of Appearance by Joseph Wayne Price, II on behalf of Heartland Bank (Price, Joseph) |
| Filing 28 NOTICE of Appearance by E. B. Chiles, IV on behalf of Heartland Bank (Chiles, E.) |
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Filing 27
ORDER staying this action as to First Capital Retail, LLC, but going forward as to all the remaining parties. Signed by Judge J. Leon Holmes on 10/25/2017. (ljb)
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| Filing 26 NOTICE OF BANKRUPTCY Upon the Record as to First Capital Retail, LLC by Heartland Bank (Attachments: #1 Exhibit A.)(Jenkins, William) |
| Filing 25 NOTICE of Appearance by Kristine L. Roberts on behalf of TCA Global Credit Master Fund LP (Roberts, Kristine) |
| Filing 24 AMENDED INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 12/11/2017. Rule 26(f) Report due by 12/26/2017. Proposed bench trial date the week of 10/15/2018 in Little Rock Courtroom #4D before Judge J. Leon Holmes. Signed at the direction of the Court. (cdw) |
| Filing 23 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 12/11/2017. Rule 26(f) Report due by 12/26/2017. Proposed bench trial date the week of 10/15/2018 in Little Rock Courtroom #4D before Judge J. Leon Holmes. Signed at the direction of the Court. (cdw) |
| Filing 22 BRIEF IN SUPPORT re #21 Motion to Dismiss, and/or Motion for a More Definite Statement filed by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal. (Jung, David) |
| Filing 21 MOTION to Dismiss and/or Motion for a More Definite Statement by First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal (Jung, David) |
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Filing 20
ORDER granting the plaintiff's unopposed #19 motion for extension of time to respond to TCA Global Credit Master Fund, L.P.'s motion to dismiss. The deadline for plaintiff to respond to the motion to dismiss is extended up to and including 10/27/2017. Signed by Judge J. Leon Holmes on 10/13/2017. (ljb)
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| NOTICE OF DOCKET CORRECTION re #19 Unopposed MOTION for Extension of Time. CORRECTION: The docket text was modified to indicate the proposed order was filed as an attachment to docket entry #19 in error. (jak) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction by Heartland Bank (Jenkins, William) (Docket text modified on 10/13/2017 to remove reference to the proposed order)(jak) |
| Filing 18 BRIEF IN SUPPORT re #17 Motion to Dismiss filed by TCA Global Credit Master Fund LP. (Chiles, Leigh) |
| Filing 17 MOTION to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction by TCA Global Credit Master Fund LP (Chiles, Leigh) |
| Filing 16 NOTICE of Appearance by Charles T. Coleman on behalf of First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal (Coleman, Charles) |
| Filing 15 NOTICE of Appearance by David Chan Jung on behalf of First Capital Hobbs LLC, First Capital Jourdanton LLC, First Capital Real Estate Advisors LP, First Capital Real Estate Investments LLC, First Capital Victoria LLC, RREAF Hobbs LLC, RREAF Jourdanton LLC, RREAF Victoria LLC, Suneet Singal (Jung, David) |
| NOTICE OF DOCKET CORRECTION re #3 - #14 Returns of Service. CORRECTION: The docket text was modified to include the party filer, party of service and service date, as indicated on the documents. (kbc) |
| Filing 14 RETURN OF SERVICE by Heartland Bank upon TCA Global Credit Master Fund LP on 9/13/2017. (Jenkins, William)Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 13 RETURN OF SERVICE by Heartland Bank upon Brandon Keller on 9/12/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 12 RETURN OF SERVICE by Heartland Bank upon Ramash Prasad on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 11 RETURN OF SERVICE by Heartland Bank upon First Capital Real Estate Advisors LP on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 10 RETURN OF SERVICE by Heartland Bank upon First Capital Retail LLC on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 9 RETURN OF SERVICE by Heartland Bank upon RREAF Jourdanton LLC on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 8 RETURN OF SERVICE by Heartland Bank upon First Capital Victoria LLC on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 7 RETURN OF SERVICE by Heartland Bank upon RREAF Victoria LLC on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 6 RETURN OF SERVICE by Heartland Bank upon First Capital Hobbs LLC on 9/11/2017 (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 5 RETURN OF SERVICE by Heartland Bank upon RREAF Hobbs LLC on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 4 RETURN OF SERVICE by Heartland Bank upon First Capital Jourdanton LLC on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 3 RETURN OF SERVICE by Heartland Bank upon First Capital Real Estate Investments LLC on 9/11/2017. (Jenkins, William) Docket text modified on 9/15/2017 to include parties and date of service. (kbc) |
| Filing 2 SUMMONS Returned Executed by Heartland Bank. Suneet Singal served on 9/11/2017., RETURN OF SERVICE upon (Jenkins, William) |
| Filing 1 PLAINTIFF'S ORIGINAL COMPLAINT against All Defendants filed by Heartland Bank. Summons issued and returned to counsel. (Fee of $400 paid, Receipt #LIT063401.) (Attachments: #1 Civil Cover Sheet) (ljb) |
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