KeyCity Capital, LLC v. Davenport Investments, LLC et al
| KeyCity Capital LLC |
| Davenport Investments LLC and John Quinn |
| 1:2022cv00253 |
| February 28, 2022 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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| Filing 39 NOTICE of Appearance by Kristi JoLynn Doughty on behalf of Davenport Investments LLC, John Quinn (Doughty, Kristi) |
Filing 38
SO ORDERED Granting #37 Notice of Voluntary Dismissal ***Civil Case Terminated). Signed by Judge Richard G. Andrews on 3/3/2022. (nms)
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| Filing 37 NOTICE of Voluntary Dismissal by KeyCity Capital LLC (Attachments: #1 Certificate of Service)(Tobia, James) |
| Filing 36 NOTICE of Appearance by James Tobia on behalf of KeyCity Capital LLC (Attachments: #1 Certificate of Service)(Tobia, James) |
| CORRECTING ENTRY: The Notice of Voluntary Dismissal filed at D.I. 37 has been removed from the docket as the filing contained errors. Counsel is to refile the notice using the appropriate Judge's initials in the caption, and the signature block should be corrected to reflect counsel is signing for the Plaintiff not the Defendant. (nms) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 35 Local Counsel Letter sent. Notice of Compliance deadline set for 3/30/2022. (mal) |
| Filing 34 Record of case transferred in from District of Texas Northern; Case Number in Other District: 3:21-cv-02046. Copy of Docket Sheet and original file |
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Filing 33
MEMORANDUM OPINION AND ORDER denying as moot #8 MOTION to Dismiss or Transfer filed by Davenport Investments LLC, John Quinn; and granting in part, denying in part as moot #11 MOTION to Dismiss Or, in the Alternative, to Transfer to the District of Delaware filed by Davenport Investments LLC, John Quinn. The court grants defendants' alternative motion to transfer venue under 1404(a), denies the balance of defendants' motions as moot, and transfers this action to the District of Delaware. The clerk of court shall effect the transfer according to the usual procedure. (Ordered by Senior Judge Sidney A Fitzwater on 2/25/2022) (Senior Judge Sidney A Fitzwater) [Transferred from Texas Northern on 2/28/2022.]
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| Filing 32 NOTICE of Change of Firm and Contact Information filed by KeyCity Capital LLC (Cochran, Stuart) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 31 REPLY filed by Davenport Investments LLC, John Quinn re: #11 MOTION to Dismiss Or, in the Alternative, to Transfer to the District of Delaware and Brief in Support (Davis, Matthew) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 30 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Davenport Investments LLC, John Quinn. (Davis, Matthew) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 29 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by KeyCity Capital LLC. (Cochran, Stuart) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 28 Appendix in Support filed by KeyCity Capital LLC re #27 Response/Objection (Cochran, Stuart) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 27 RESPONSE filed by KeyCity Capital LLC re: #11 MOTION to Dismiss Or, in the Alternative, to Transfer to the District of Delaware and Brief in Support (Attachments: #1 Proposed Order) (Cochran, Stuart) [Transferred from Texas Northern on 2/28/2022.] |
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Filing 26
SCHEDULING ORDER: Amended Pleadings due by 8/1/2022. Discovery due by 1/17/2023. Joinder of Parties due by 5/2/2022. Motions due by 2/1/2023. Status Report due by 1/17/2023. The court will set the case for trial by separate order. (Ordered by Senior Judge Sidney A Fitzwater on 1/11/2022) (ndt) [Transferred from Texas Northern on 2/28/2022.]
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Filing 25
ORDER: On August 27, 2021 plaintiff filed a complaint in this case but did not provide the clerk with a certificate of interested persons. Accordingly, no later than 14 days after this order is filed, plaintiff must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge Sidney A Fitzwater on 1/11/2022) (ndt) [Transferred from Texas Northern on 2/28/2022.]
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Filing 24
ORDER: On October 4, 2021 defendants filed an initial responsive pleading in this case but did not provide the clerk with a certificate of interested persons. Accordingly, no later than 14 days after this order is filed, defendants must comply with Rule 7.4 so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge Sidney A Fitzwater on 1/11/2022) (ndt) [Transferred from Texas Northern on 2/28/2022.]
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| Filing 23 Joint Proposal for contents of scheduling and discovery order by Davenport Investments LLC. (Davis, Matthew) [Transferred from Texas Northern on 2/28/2022.] |
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Filing 22
ORDER GRANTING #21 PLAINTIFF'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE ITS RESPONSE TO DEFENDANTS' MOTION TO DISMISS. Responses due by 1/14/2022. Replies due by 1/28/2022. (Ordered by Senior Judge Sidney A Fitzwater on 12/10/2021) (mjr) [Transferred from Texas Northern on 2/28/2022.]
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| Filing 21 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss Or, in the Alternative, to Transfer to the District of Delaware and Brief in Support filed by KeyCity Capital LLC (Attachments: #1 Proposed Order) (Cochran, Stuart) [Transferred from Texas Northern on 2/28/2022.] |
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Filing 20
Order for Scheduling Order Proposal: Proposed Scheduling Order due by 1/4/2022. (Ordered by Senior Judge Sidney A Fitzwater on 11/23/2021) (ndt) [Transferred from Texas Northern on 2/28/2022.]
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Filing 19
ORDER granting #18 Motion to Substitute Attorney. Stuart L. Cochran and Blake E. Mattingly of STECKLER WAYNE COCHRAN CHERRY PLLC are substituted as new counsel for the Plaintiff and Charles M.R. Vethan and Jens K. Sandberg, of THE VETHAN LAW FIRM, PC, are relieved of their obligations and duties to this Court as counsel for the Plaintiff in this case. (Ordered by Senior Judge Sidney A Fitzwater on 11/1/2021) (oyh) [Transferred from Texas Northern on 2/28/2022.]
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| Filing 18 Unopposed MOTION to Substitute Attorney, and withdraw (Charles M.R. Vethan & Jens K Sandberg) added attorney Stuart L Cochran,Stuart L Cochran,Blake Evan Mattingly for KeyCity Capital LLC. Motion filed by KeyCity Capital LLC (Attachments: #1 Proposed Order)Attorney Stuart L Cochran added to party KeyCity Capital LLC(pty:pla) (Cochran, Stuart) [Transferred from Texas Northern on 2/28/2022.] |
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Filing 17
ORDER granting #14 Motion to Extend Time to File Response/Reply. Responses to Defendant's Motion to Dismiss is due by 12/28/2021. (Ordered by Senior Judge Sidney A Fitzwater on 10/27/2021) (jmg) [Transferred from Texas Northern on 2/28/2022.]
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Filing 16
ORDER granting #13 Motion to Expedite Discovery. (Ordered by Senior Judge Sidney A Fitzwater on 10/27/2021) (jmg) [Transferred from Texas Northern on 2/28/2022.]
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| Filing 15 ADVISORY TO COUNSEL: Please submit your proposed orders for the following motions -- in modifiable Word or WordPerfect format -- to [email protected].: #13 Unopposed MOTION to Expedite Discovery filed by KeyCity Capital LLC, and #14 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss Or, in the Alternative, to Transfer to the District of Delaware filed by KeyCity Capital LLC. (Senior Judge Sidney A. Fitzwater). [Transferred from Texas Northern on 2/28/2022.] |
| Filing 14 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss Or, in the Alternative, to Transfer to the District of Delaware and Brief in Support filed by KeyCity Capital LLC (Attachments: #1 Proposed Order) (Vethan, Charles) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 13 Unopposed MOTION to Expedite Discovery filed by KeyCity Capital LLC (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (Vethan, Charles) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 12 Appendix in Support filed by Davenport Investments LLC, John Quinn re #11 MOTION to Dismiss Or, in the Alternative, to Transfer to the District of Delaware and Brief in Support (Davis, Matthew) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 11 MOTION to Dismiss Or, in the Alternative, to Transfer to the District of Delaware and Brief in Support filed by Davenport Investments LLC, John Quinn. (Attachments: #1 Proposed Order, #2 Proposed Order) (Davis, Matthew) [Transferred from Texas Northern on 2/28/2022.] |
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Filing 10
ELECTRONIC ORDER granting #9 Application for Admission Pro Hac Vice of David Smith. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sidney A Fitzwater on 10/6/2021) (Senior Judge Sidney A Fitzwater) [Transferred from Texas Northern on 2/28/2022.]
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| Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12280442) filed by Davenport Investments LLC, John Quinn (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney David Smith added to party Davenport Investments LLC(pty:dft), Attorney David Smith added to party John Quinn(pty:dft) (Smith, David) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 8 MOTION to Dismiss or Transfer filed by Davenport Investments LLC, John Quinn with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s) John V. Quinn, #2 Proposed Order Granting to the Motion to Dismiss, #3 Proposed Order Granting the Motion to Transfer)Attorney Chase Tyler Cobb added to party Davenport Investments LLC(pty:dft), Attorney Chase Tyler Cobb added to party John Quinn(pty:dft) (Cobb, Chase) Modified title on 10/5/2021 (ygl). [Transferred from Texas Northern on 2/28/2022.] |
| Filing 7 SUMMONS Returned Executed as to Davenport Investments LLC; served on 9/14/2021; John Quinn; served on 9/14/2021. (Attachments: #1 Summons return) (Vethan, Charles) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 6 FIRST AMENDED COMPLAINT and Application for Declaratory Relief against Davenport Investments LLC, John Quinn filed by KeyCity Capital LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Vethan, Charles) [Transferred from Texas Northern on 2/28/2022.] |
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Filing 5
ORDER: Plaintiff's complaint, filed 8/27/2021, appears to predicate subject matter jurisdiction upon diversity of citizenship, 28 U.S.C. 1332, but fails to allege properly the citizenship of KeyCity Capital, LLC, Davenport Investments, LLC, and John Quinn. Accordingly, no later than 14 days from the date of this order, plaintiff must file an amended complaint that properly alleges diversity of citizenship, in conformity with 28 U.S.C. 1332; otherwise, this action will be subject to dismissal without prejudice for want of subject matter jurisdiction. (Ordered by Senior Judge Sidney A Fitzwater on 8/31/2021) (jmg) [Transferred from Texas Northern on 2/28/2022.]
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| Filing 4 Summons Issued as to Davenport Investments LLC, John Quinn. (ygl) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 3 Request for Clerk to issue Summons filed by KeyCity Capital LLC. (Attachments: #1 Summons to John Quinn) (Vethan, Charles) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) [Transferred from Texas Northern on 2/28/2022.] |
| Filing 1 COMPLAINT against All Defendants filed by KeyCity Capital, LLC. (Filing fee $402; Receipt number 0539-12174209) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Vethan, Charles) [Transferred from Texas Northern on 2/28/2022.] |
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