Greathouse v. Capital Plus Financial LLC et al
| Eric Greathouse, Ernesto Covarrubias, Barbara Myles and Tiffany Sumrall |
| Capital Plus Financial LLC and Crossroads Systems Inc |
| 4:2021cv01243 |
| December 29, 2021 |
| US District Court for the Eastern District of Arkansas |
| Billy Roy Wilson |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 53 FIRST FINAL SCHEDULING ORDER: Jury Trial set for 1/17/2023 at 9:30 AM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson. Discovery due by 10/19/2022. Daubert and Dispositive Motions due by 11/3/2022. Pretrial Disclosure Sheet due by 12/20/2022. Entered at the direction of the Court on 6/28/22. (mmb) |
| Filing 52 REPLY to Response to Motion re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Capital Plus Financial LLC, Crossroads Systems Inc. (Talley, Graham) |
Filing 51
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #50 Motion for Leave to File a Reply brief no longer than 10 pages, on or before 5:00 P.M., June 1, 2022. Signed by Judge Billy Roy Wilson on 5/25/22. (mmb)
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| Filing 50 MOTION for Leave to File Reply Brief by Capital Plus Financial LLC, Crossroads Systems Inc (Talley, Graham) |
| Filing 49 RESPONSE in Opposition re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ernesto Covarrubias, Eric Greathouse, Barbara Myles, Tiffany Sumrall. (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Katherine) |
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Filing 48
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #47 Motion for Extension of Time to File Response/Reply. Reply to Motion to Dismiss is due on or before 5:00 p.m., May 23, 2022. Signed by Judge Billy Roy Wilson on 5/5/22. (mmb)
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| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply as to #45 Brief in Support, #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Plaintiffs (Campbell, Katherine) |
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Filing 46
ORDER Regarding Discovery Dispute: Based on the arguments made during the call, and after reviewing the motion, I am not persuaded that jurisdictional discovery is warranted at this time. However, Plaintiffs can make additional arguments for jurisdictional discovery in their response to Defendants motion to dismiss, which I will consider. Signed by Judge Billy Roy Wilson on 5/3/22. (mmb)
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| Filing 45 BRIEF IN SUPPORT re #44 Motion to Dismiss for Failure to State a Claim filed by Capital Plus Financial LLC, Crossroads Systems Inc. (Talley, Graham) |
| Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Capital Plus Financial LLC, Crossroads Systems Inc (Attachments: #1 Exhibit A, #2 Exhibit B)(Talley, Graham) |
| Filing 43 TRANSCRIPT of Telephonic Conference Proceedings held on 4/27/2022, before Judge Billy Roy Wilson. Court Reporter Stephen W. Franklin. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 5/6/2022. Redaction Request due 5/20/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/28/2022. (jbh) |
| Filing 42 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Billy Roy Wilson:Discovery Dispute Telephone Conference held on 4/27/2022. Case called. Court outlines discovery dispute issue raised by Plaintiff. Plaintiff responds to issue raised by the Court. Defendant responds. Plaintiff replies. Court defers ruling issue until and if a motion to dismiss is filed by Defendants. Court in recess. Pl: Lawrence Lederer, Katie Campbell and Mike Murphy; Dfts: Katherine Triestman and Graham Talley. (Court Reporter Stephen Franklin.) (mmb) |
| Filing 41 NOTICE of Hearing: Telephone Conference set for 4/27/2022 at 1:30 PM in US District Court Eastern District of Arkansas before Judge Billy Roy Wilson. (mmb)(Docket text modified on 4/20/2022 to correct the date of the hearing) (jak) |
| NOTICE OF DOCKET CORRECTION re #41 Notice of Hearing. CORRECTION: The docket text was modified to correct the date of the hearing as 4/27/2022 as marked on the document. (jak) |
| Filing 40 STATUS REPORT (Joint) by Ernesto Covarrubias, Eric Greathouse, Barbara Myles, Tiffany Sumrall. (Campbell, Katherine) |
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Filing 39
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part #36 Defendant's Motion for Extension of Time to Answer. The deadline to respond to the amended complaint is 5:00 p.m., Friday, April 29, 2022. The request make May 31, 2022 the deadline to respond to any possible motion to dismiss is denied. The motion to stay Rule 26(f) deadline #37 is denied. Signed by Judge Billy Roy Wilson on 04/07/22. (dmm)
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| Set Deadlines/Hearings: Defendants' answer re #31 amended complaint due 4/29/2022, pursuant to 39 Order. (jbh) |
| Filing 38 RESPONSE in Opposition re #37 MOTION for Extension of Time to Complete Discovery filed by All Plaintiffs. (Campbell, Katherine) |
| Filing 37 MOTION for Extension of Time to Complete Discovery by Capital Plus Financial LLC, Crossroads Systems Inc (Freeman, Karen) |
| Filing 36 Unopposed MOTION for Extension of Time to File Answer re #31 Amended Complaint , Move or Otherwise Respond by Capital Plus Financial LLC, Crossroads Systems Inc (Freeman, Karen) |
| Filing 35 Corporate Disclosure Statement (Rule 7.1) by Capital Plus Financial LLC, Crossroads Systems Inc (Freeman, Karen) |
| Filing 34 Deficiency Letter from Clerk of Court re #4 Motion to Extend Time notifying party that a Corporate Disclosure Statement was not filed with first appearance, pleading, petition, motion response, or other request (F.R.Cv.P. 7.1). (jak) |
| Filing 33 ADDENDUM filed by Ernesto Covarrubias, Eric Greathouse, Barbara Myles, Tiffany Sumrall to #31 Amended Complaint. (Attachments: #1 Exhibit A)(Campbell, Katherine) |
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Filing 32
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #24 Defendants' Motion to Dismiss for Lack of Jurisdiction because Plaintiff filed an amended complaint. However, by 5 p.m., Friday, April 1, 2022, Plaintiff must file an addendum setting out what exactly was amended in the new pleading e.g. added defendant X, adding a claim for X, corrected spelling. Signed by Judge Billy Roy Wilson on 03/29/22. (dmm)
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| Filing 31 AMENDED CLASS ACTION COMPLAINT with Jury Demand against All Defendants filed by all Plaintiffs. (fjg) |
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Filing 30
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #29 Motion for Extension of Time to File Response/Reply to the Motion to Dismiss and/or An Amended Complaint; due on or before 5:00 PM, 3/28/2022. Signed by Judge Billy Roy Wilson on 3/2/22. (mmb)
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| Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss for Lack of Jurisdiction , #25 Brief in Support by Eric Greathouse (Campbell, Katherine) |
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Filing 28
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #26 Motion to Extend Time. The Rule 26f conference and Report deadlines are stayed until the pending Motion to Dismiss #24 is ruled. Signed by Judge Billy Roy Wilson on 2/28/22. (mmb)
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| Filing 27 BRIEF IN SUPPORT re #26 Motion to Extend Time Brief in Support of Motion to Extend Discovery Deadlines Pending a Ruling on Motion to Dismiss filed by All Defendants. (Talley, Graham) |
| Filing 26 MOTION to Extend Time Motion to Extend Discovery Deadlines Pending a Ruling on Motion to Dismiss by All Defendants (Talley, Graham) |
| Filing 25 BRIEF IN SUPPORT re #24 Motion to Dismiss/Lack of Jurisdiction filed by Capital Plus Financial LLC, Crossroads Systems Inc. (Talley, Graham) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Capital Plus Financial LLC, Crossroads Systems Inc (Attachments: #1 Exhibit A, #2 Exhibit B)(Talley, Graham) |
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Filing 23
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #22 Motion to Appear Pro Hac Vice. Accordingly, Andrew D. Bergman is admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 2/25/22. (mmb)
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| Filing 22 MOTION for Leave to Appear pro hac vice by Andrew D. Bergman. Fee $100 receipt number AAREDC-4209923. Filed by Capital Plus Financial LLC, Crossroads Systems Inc (Freeman, Karen) |
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Filing 21
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #19 Motion to Appear Pro Hac Vice. Accordingly, Katherine Ginzburg Treistman is admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 1/26/22. (mmb)
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Filing 20
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #18 Motion to Appear Pro Hac Vice. Accordingly, Eric N. Whitney is admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 1/26/22. (mmb)
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| Filing 19 MOTION for Leave to Appear pro hac vice by Katherine Ginzburg Treistman. Fee $100 receipt number AAREDC-4191271. Filed by Capital Plus Financial LLC, Crossroads Systems Inc (Talley, Graham) |
| Filing 18 MOTION for Leave to Appear pro hac vice by Eric N. Whitney. Fee $100 receipt number AAREDC-4191260. Filed by Capital Plus Financial LLC, Crossroads Systems Inc (Talley, Graham) |
| Filing 17 NOTICE of Appearance by Karen P. Freeman on behalf of Capital Plus Financial LLC, Crossroads Systems Inc (Freeman, Karen) |
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #11 Motion to Appear Pro Hac Vice. Accordingly, Michael L. Murphy is admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 1/20/22. (mmb)
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Filing 15
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #10 Motion to Appear Pro Hac Vice. Accordingly, Matthew M. Zapala is admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 1/20/22. (mmb)
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Filing 14
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #9 Motion to Appear Pro Hac Vice. Accordingly, Lawrence J. Lederer is admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 1/20/22. (mmb)
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #8 Motion to Appear Pro Hac Vice. Accordingly, Justin A. Heller is admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 1/20/22. (mmb)
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Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #7 Motion to Appear Pro Hac Vice. Accordingly, Bart D. Cohen is admitted Pro Hac Vice. Signed by Judge Billy Roy Wilson on 1/20/22. (mmb)
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| Filing 11 MOTION for Leave to Appear pro hac vice by Michael L. Murphy. Fee $100 receipt number AAREDC-4188453. Filed by Eric Greathouse (Campbell, Katherine) |
| Filing 10 MOTION for Leave to Appear pro hac vice by Matthew M. Zapala. Fee $100 receipt number AAREDC-4188448. Filed by Eric Greathouse (Campbell, Katherine) |
| Filing 9 MOTION for Leave to Appear pro hac vice by Lawrence J. Lederer. Fee $100 receipt number AAREDC-4188443. Filed by Eric Greathouse (Campbell, Katherine) |
| Filing 8 MOTION for Leave to Appear pro hac vice by Justin A. Heller. Fee $100 receipt number AAREDC-4188438. Filed by Eric Greathouse (Campbell, Katherine) |
| Filing 7 MOTION for Leave to Appear pro hac vice by Bart D. Cohen. Fee $100 receipt number AAREDC-4188419. Filed by Eric Greathouse (Campbell, Katherine) |
| Filing 6 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 3/30/2022. Rule 26(f) Report due by 4/12/2022. Jury Trial set for 1/17/2023 at 9:30 AM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson. Entered at the direction of the Court on 1/20/22. (mmb) |
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Filing 5
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #4 Motion for Extension of Time to Answer. The answer is due on or before 5:00 PM, 2/25/2022. Signed by Judge Billy Roy Wilson on 1/20/22. (mmb)
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| Filing 4 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Capital Plus Financial LLC, Crossroads Systems Inc (Talley, Graham) |
| Filing 3 AFFIDAVIT of Service , filed by Eric Greathouse. Crossroads Systems Inc served on 1/3/2022. (Campbell, Katherine) |
| Filing 2 SUMMONS Returned Executed by Eric Greathouse. Capital Plus Financial LLC served on 1/4/2022. (Campbell, Katherine) |
| Filing 1 COMPLAINT - CLASS ACTION with Jury Demand against All Defendants, filed by Eric Greathouse. Summons issued and returned to counsel. (Fee of $402. Receipt Number LIT085022.) (Attachments: #1 Civil Cover Sheet) (jbh) |
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