Soria et al v. Briningstool et al
| David Darrigan and Adam Soria |
| Tony Briningstool, Andy McQueen and John Rutledge |
| 1:2024cv00692 |
| June 13, 2024 |
| U.S. District Court for the District of Delaware |
| Gregory B Williams |
| Other Fraud |
| 28 U.S.C. § 1452 Removal of Claim in Civil Action Related to BK. Case |
| None |
Docket Report
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This docket was last retrieved on September 10, 2025. A more recent docket listing may be available from PACER.
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Filing 57
AMENDED COMPLAINT Plaintiff's Second Amended Complaint against All Defendants - filed by Adam Soria, David Darrigan.(Jackson, Patrick)
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Filing 56
Pro Hac Vice Fee - Credit Card Payment received for Adam Allen. ( re #55 MOTION for Pro Hac Vice Appearance of Attorney Adam Allen )( Payment of $ 50, receipt number ADEDC-4467056).(Jackson, Patrick)
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Filing 55
MOTION for Pro Hac Vice Appearance of Attorney Adam Allen - filed by David Darrigan, Adam Soria. (Jackson, Patrick)
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Filing 54
NOTICE of Appearance by Patrick A. Jackson on behalf of David Darrigan, Adam Soria (Jackson, Patrick)
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Filing 53
APPENDIX re #51 MOTION to Dismiss for Failure to State a Claim MOTION to Strike , #52 Opening Brief in Support, by Tony Briningstool, Andy McQueen, John Rutledge. (Brenner, Joseph)
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Filing 52
OPENING BRIEF in Support re #51 MOTION to Dismiss for Failure to State a Claim MOTION to Strike filed by Tony Briningstool, Andy McQueen, John Rutledge.Answering Brief/Response due date per Local Rules is 7/29/2024. (Brenner, Joseph)
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Filing 51
MOTION to Dismiss for Failure to State a Claim , MOTION to Strike - filed by Tony Briningstool, Andy McQueen, John Rutledge. (Attachments: #1 Text of Proposed Order)(Brenner, Joseph)
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Filing 50
ORDER GRANTING re #49 MOTION for Leave to File Excess Pages filed by John Rutledge. Signed by Judge Gregory B. Williams on 6/27/24. (jaa)
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Filing 49
MOTION for Leave to File Excess Pages - filed by John Rutledge. (Attachments: #1 Text of Proposed Order)(Brenner, Joseph)
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Filing 48
NOTICE of Appearance by Loren R. Barron on behalf of Tony Briningstool, Andy McQueen (Barron, Loren)
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Filing 47
NOTICE of Appearance by Loren R. Barron on behalf of Tony Briningstool, Andy McQueen (Barron, Loren)
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Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb)
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Filing 46
Local Counsel Letter sent. Notice of Compliance deadline set for 7/15/2024. (jfm)
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Filing 45
Record of case transferred in from District of Texas Northern; Case Number in Other District: 3:24-cv-00005. Copy of Docket Sheet and original file
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Filing 44
Memorandum Opinion and Order: FINDS AS MOOT #18 , #32 . DENIES #21 , #23 . DENIES WITHOUT PREJUDICE #9 and GRANTS #2 , #29 , #30 . The Court TRANSFERS this action to the United States District Court for the District of Delaware. But the Court ADMINISTRATIVELY STAYS the transfer for 21 days to allow for Fifth Circuit review of this out of circuit transfer. (Ordered by Judge Brantley Starr on 5/20/2024) (ndt) [Transferred from Texas Northern on 6/13/2024.]
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Filing 43
ELECTRONIC ORDER denying #42 Motion for Leave to File. Motions require certificates of conference. This motion did not have one. And styling the motion as "joint" leaves an inference the motion is unopposed. Coupled together, those are problematic. The Court denies the motion. (Ordered by Judge Brantley Starr on 5/7/2024) [Transferred from Texas Northern on 6/13/2024.]
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Filing 42
Joint MOTION for Leave to File Sur-Reply to Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion to Remand filed by John Rutledge (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 41
REPLY filed by Tony Briningstool, Andy McQueen, John Rutledge re: #32 MOTION for Leave to File Amended Notice of Removal (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 40
RESPONSE filed by David Darrigan, Adam Soria re: #32 MOTION for Leave to File Amended Notice of Removal (Allen, Adam) [Transferred from Texas Northern on 6/13/2024.]
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Filing 39
REPLY filed by David Darrigan, Adam Soria re: #21 MOTION to Remand All Claims and All Parties to the 95th Judicial District Court of Dallas County, Texas (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Allen, Adam) [Transferred from Texas Northern on 6/13/2024.]
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Filing 38
RESPONSE filed by Tony Briningstool, Andy McQueen, John Rutledge re: #23 MOTION to Stay Proceedings Pending Determination of This Court's Subject Matter Jurisdiction (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 37
REPLY filed by Tony Briningstool, Andy McQueen, John Rutledge re: #9 Motion to Dismiss for Failure to State a Claim MOTION to Strike (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 36
RESPONSE filed by Tony Briningstool, Andy McQueen, John Rutledge re: #21 MOTION to Remand All Claims and All Parties to the 95th Judicial District Court of Dallas County, Texas (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 35
AMENDED DOCUMENT by Andy McQueen, John Rutledge, Tony Briningstool. Amendment to #1 Notice of Removal,,,,. . (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 34
Appendix in Support filed by Tony Briningstool, Andy McQueen, John Rutledge re #33 Brief/Memorandum in Support of Motion (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 33
Brief/Memorandum in Support filed by Tony Briningstool, Andy McQueen, John Rutledge re #32 MOTION for Leave to File Amended Notice of Removal (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 32
MOTION for Leave to File Amended Notice of Removal filed by Tony Briningstool, Andy McQueen, John Rutledge (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 31
REPLY filed by John Rutledge re: #29 Motion to Transfer Venue(Adeyemo, Megan) Modified on text 3/6/2024 (kaf). [Transferred from Texas Northern on 6/13/2024.]
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Filing 30
MOTION to Join Motion to Dismiss Claims filed by John Rutledge (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 29
MOTION to Join Motion to Transfer Venue filed by John Rutledge (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 28
RESPONSE filed by David Darrigan, Adam Soria re: #9 Motion to Dismiss for Failure to State a Claim MOTION to Strike (Attachments: #1 Proposed Order) (Allen, Adam) [Transferred from Texas Northern on 6/13/2024.]
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Filing 27
ELECTRONIC ORDER granting #26 Motion to Extend Time to File Response/Reply. The defendants' deadline to file a response to the plaintiffs' Motion to Remand (Doc. #21 ) is extended to March 7, 2024. The defendants' deadline to file a response to the plaintiffs' Motion to Stay (Doc. #23 ) is extended to March 14, 2024. (Ordered by Judge Brantley Starr on 2/26/2024) (chmb) [Transferred from Texas Northern on 6/13/2024.]
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Filing 26
MOTION for Extension of Time to File Response/Reply to #21 MOTION to Remand All Claims and All Parties to the 95th Judicial District Court of Dallas County, Texas, #23 MOTION to Stay Proceedings Pending Determination of This Court's Subject Matter Jurisdiction filed by Tony Briningstool, Andy McQueen, John Rutledge (Attachments: #1 Proposed Order)Attorney Megan M Adeyemo added to party John Rutledge(pty:dft) (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 25
RESPONSE AND OBJECTION filed by David Darrigan, Adam Soria re: #2 MOTION to Transfer Case out of District/Division (Attachments: #1 Proposed Order Proposed Order Denying Motion to Transfer Venue) (Allen, Adam) [Transferred from Texas Northern on 6/13/2024.]
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Filing 24
NOTICE of Dismissal of Plaintiffs' claims against App Holdco, LLC without Prejudice Pursuant to FRCP 41(a)(1)(A)(i) filed by David Darrigan, Adam Soria (Allen, Adam) [Transferred from Texas Northern on 6/13/2024.]
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Filing 23
MOTION to Stay Proceedings Pending Determination of This Court's Subject Matter Jurisdiction filed by David Darrigan, Adam Soria (Attachments: #1 Proposed Order Proposed Order Staying Proceedings) (Allen, Adam) [Transferred from Texas Northern on 6/13/2024.]
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Filing 22
ELECTRONIC ORDER: Pending before the Court is the parties' agreed stipulation to extend briefing deadlines. (Doc. #19 ). The Court construes the stipulation as a motion and GRANTS the motion. Plaintiff's deadline to file a response to the Defendants' Motion to Transfer Venue is extended to February 20, 2024, and the Defendants' reply shall be filed within 14 days of Plaintiff's response. Plaintiff's deadline to file a response to the Defendants' Motion to Dismiss is extended to February 27, 2024, and the Defendants' reply shall be filed within 14 days of Plaintiff's response. Any further proposed amendments to briefing deadlines, which are governed by the Local Rules of the Northern District of Texas, shall be filed as a motion with the Court. (Ordered by Judge Brantley Starr on 2/2/2024) (chmb) [Transferred from Texas Northern on 6/13/2024.]
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***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Fri Feb 2 10:19:58 CST 2024 (crt) [Transferred from Texas Northern on 6/13/2024.]
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Filing 21
MOTION to Remand All Claims and All Parties to the 95th Judicial District Court of Dallas County, Texas filed by David Darrigan, Adam Soria. (Attachments: #1 Proposed Order Proposed Order Remanding All Claims and All Parties to the 95th Judicial District Court of Dallas County, Texas) (Allen, Adam) Modified text on 2/2/2024 (cfk). [Transferred from Texas Northern on 6/13/2024.]
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Filing 20
Certificate Regarding Judge-Specific Requirements. (Allen, Adam) [Transferred from Texas Northern on 6/13/2024.]
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Filing 19
Agreed STIPULATION to Extend All Parties' Briefing Deadlines Regarding the Motion to Transfer Venue (Doc 2) and the Motion to Dismiss (Doc 9) by David Darrigan, Adam Soria. (Allen, Adam) [Transferred from Texas Northern on 6/13/2024.]
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Filing 18
MOTION to Join Motion to Transfer Venue filed by APP Holdco LLC (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 17
NOTICE of Attorney Appearance by Bobby M Rubarts on behalf of David Darrigan, Adam Soria. (Filer confirms contact info in ECF is current.) (Rubarts, Bobby) [Transferred from Texas Northern on 6/13/2024.]
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Filing 16
NOTICE of Attorney Appearance by Bobby M Rubarts for Adam Allen on behalf of David Darrigan, Adam Soria. (Rubarts, Bobby) [Transferred from Texas Northern on 6/13/2024.]
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Filing 15
Certificate Regarding Judge-Specific Requirements. (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 14
NOTICE of Attorney Appearance by Megan M Adeyemo on behalf of APP Holdco LLC. (Filer confirms contact info in ECF is current.) (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 13
NOTICE of Joinder in Motion of Defendants Briningstool and McQueen to Dismiss Claims and Strike Requet for Damages Pursuant to Federal Rule of Civil Procedure 12(b)(6) and (f) filed by APP Holdco LLC (Adeyemo, Megan) [Transferred from Texas Northern on 6/13/2024.]
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Filing 12
Supplemental Document by Tony Briningstool, Andy McQueen as to #9 Motion to Dismiss for Failure to State a Claim MOTION to Strike - Declaration of Andy McQueen in Support of Motion of Defendants Briningstool and McQueen to Dismiss Claims and Strike Request for Damages Pursuant to Federal Rule of Civil Procedure 12(b)(6) and (f). (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 11
Appendix in Support filed by Tony Briningstool, Andy McQueen re #9 Motion to Dismiss for Failure to State a Claim MOTION to Strike (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 10
Brief/Memorandum in Support filed by Tony Briningstool, Andy McQueen re #9 Motion to Dismiss for Failure to State a Claim MOTION to Strike (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 9
Motion to Dismiss for Failure to State a Claim(), MOTION to Strike filed by Tony Briningstool, Andy McQueen (Attachments: #1 Exhibit(s) A - Proposed Order) (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 8
Certificate Regarding Judge-Specific Requirements. (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 7
Supplemental Document by Tony Briningstool, Andy McQueen as to #2 MOTION to Transfer Case out of District/Division (Declaration of Andy McQueen in Support of Motion to Transfer Venue filed by Defendants Tony Briningstool and Andy McQueen. (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 6
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 1/2/2024) (agc) [Transferred from Texas Northern on 6/13/2024.]
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Filing 5
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 Horan). Clerk to provide copy to plaintiff if not received electronically. (agc) [Transferred from Texas Northern on 6/13/2024.]
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Filing 4
Appendix in Support filed by Tony Briningstool, Andy McQueen re #2 MOTION to Transfer Case out of District/Division (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 3
Brief/Memorandum in Support filed by Tony Briningstool, Andy McQueen re #2 MOTION to Transfer Case out of District/Division (Attachments: #1 Declaration(s) of Andy McQueen) (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 2
MOTION to Transfer Case out of District/Division filed by Tony Briningstool, Andy McQueen (Attachments: #1 Exhibit(s) A - Proposed Order) (Mitchell, Brian) [Transferred from Texas Northern on 6/13/2024.]
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Filing 1
NOTICE OF REMOVAL filed by Andy McQueen, Tony Briningstool. (Filing fee $405; receipt number ATXNDC-14279671) 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 and Instructions 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 Cover Sheet, #2 Cover Sheet Supplement) (Mitchell, Brian) (Main Document 1 replaced on 1/3/2024) (kaf). [Transferred from Texas Northern on 6/13/2024.]
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tony Briningstool, Andy McQueen. (Clerk QC note: Affiliate entry indicated). Document #1 - Exhibit 3. (agc) [Transferred from Texas Northern on 6/13/2024.]
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