Alliant Tax Credit Fund 31-A, Ltd. et al v. Murphy et al
Plaintiff: Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc. and Alliant Tax Credit XI, Ltd.
Defendant: M. Vincent Murphy, III, Marilyn Murphy, Patrick Carroll, Multifamily Housing Developers, L.L.C., Community Management Services, Inc., Gazebo Park Apartments of Acworth, LLC and Affordable Realty Management Incorporated
Case Number: 1:2011cv00832
Filed: March 17, 2011
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: XX US, Outside State
Presiding Judge: Richard W Story
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on May 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2020 Opinion or Order Filing 686 ORDER: The undersigned has reviewed the brokers opinion of value (BOV) for Springfield, which identifies a location at 3320 N. Lumpkin Rd., Columbus, Georgia 31903 and was sent to Alliant on December 6, 2019 by CBRE. The value listed in the BOV is less than or equal to the $5,400,000 price in the Springfield listing agreement. The undersigned has reviewed the BOV for Windsor, which identifies a location at 241 Cove Landing Drive, Thomasville, Georgia 31792 and was sent to Alliant on December 6, 2019. The value listed in the BOV is less than or equal to the $1,450,000 price listed in the offering memorandum for Windsor. The BOVs were submitted ex parte to the undersigned for review. Signed by Magistrate Judge Alan J. Baverman on 5/8/2020. (dgr)
February 24, 2020 Filing 685 NOTICE by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. of Withdrawal of Cross-Motion to Enforce Settlement Agreement (ECF No. 681) (Netter, Brian)
February 22, 2020 Filing 684 RESPONSE in Opposition re #676 Emergency MOTION for Extension of Time to Respond to the Motion to Enforce Settlement in Order to Allow the Parties to Complete the Written Settlement Agreement Response to Cross-Motion filed by M. Vincent Murphy, III. (Kreimer, Stanley)
February 21, 2020 Filing 683 Withdrawal of Motion #657 MOTION for Sanctions Under Rule 11 Against the Alliant Parties and Their Counsel filed by Marilyn Murphy, #669 MOTION for Judgment Based on ADR Settlement , and in the Alternative, Motion to Reopen or Vacate Dismissal, and for Other Relief filed by Marilyn Murphy, #643 MOTION for Return of Property (Restitution) and to Realign Parties filed by Marilyn Murphy filed by Marilyn Murphy. (Winterich, Shawn)
February 19, 2020 Submission of #669 MOTION for Judgment Based on ADR Settlement , and in the Alternative, Motion to Reopen or Vacate Dismissal, and for Other Relief, to District Judge Richard W. Story. (sk)
February 18, 2020 Filing 682 REPLY to Response to Motion re #669 MOTION for Judgment Based on ADR Settlement , and in the Alternative, Motion to Reopen or Vacate Dismissal, and for Other Relief filed by Marilyn Murphy. (Attachments: #1 Appendix Proposed settlement document through February 14, 2020)(Winterich, Shawn)
February 14, 2020 Filing 681 ---CROSS MOTION WITHDRAWN PER #685 NOTICE---RESPONSE in Opposition re #669 MOTION for Judgment Based on ADR Settlement , and in the Alternative, Motion to Reopen or Vacate Dismissal, and for Other Relief and Cross Motion filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Alliant's Cross Motion to Enforce Settlement Agreement, #2 Declaration of Kathleen Balderrama, #3 Declaration of Elspeth V. Hansen, #4 Exhibit 1 To Elspeth V. Hansen's Declaration)(Netter, Brian) Modified on 2/25/2020 (dgr).
February 6, 2020 Filing 680 Minute Entry for proceedings held before Magistrate Judge Alan J. Baverman: Telephone Conference held on 2/6/2020. The parties shall notify Judge Baverman by 5:00 pm on February 10, 2020 if an agreement has been reached. (Tape #FTR Gold)(rsg)
February 4, 2020 Filing 679 TRANSCRIPT of the Telephone Conference Hearing Proceedings held on January 13, 2020, before Judge Alan J. Baverman. Court Reporter/Transcriber Alicia B. Bagley. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2020. Redacted Transcript Deadline set for 3/6/2020. Release of Transcript Restriction set for 5/4/2020. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
January 30, 2020 Opinion or Order Filing 678 ORDER granting #676 Motion for Extension of Time. Accordingly, the deadline for filing of Plaintiffs' response to Defendant Marilyn Murphy's "Motion [Doc. 669] to Enforce Settlement..." is extended through February 14,2020. Signed by Judge Richard W. Story on 1/30/20. (jpa)
January 30, 2020 Filing 677 RESPONSE in Opposition re #676 Emergency MOTION for Extension of Time to Respond to the Motion to Enforce Settlement in Order to Allow the Parties to Complete the Written Settlement Agreement filed by Marilyn Murphy. (Winterich, Shawn)
January 30, 2020 Filing 676 Emergency MOTION for Extension of Time to Respond to the Motion to Enforce Settlement in Order to Allow the Parties to Complete the Written Settlement Agreement with Brief In Support by Alliant Tax Credit 31, Inc.. (Attachments: #1 Brief Brief in Support of Motion, #2 Affidavit Declaration of Elspeth V. Hansen)(Kaplan, Bryan)
January 29, 2020 Filing 675 AFFIDAVIT re #669 MOTION for Judgment Based on ADR Settlement , and in the Alternative, Motion to Reopen or Vacate Dismissal, and for Other Relief (Supplemental Declaration of Shawn M. Winterich) by Marilyn Murphy. (Winterich, Shawn)
January 29, 2020 Opinion or Order Filing 674 ORDER At the request of one of the parties, the undersigned will conduct a telephone conference with counsel for the Alliant parties, Mr. Murphy, and Mrs. Murphy at 4:00 p.m. EST on February 6, 2020. Participants will be notified of call-in instructions by email. Signed by Magistrate Judge Alan J. Baverman on 1/29/20. (AJB)
January 17, 2020 Opinion or Order Filing 673 ORDER granting #671 Motion for Extension of Time. Accordingly, the deadline for filing of Plaintiffs response to Defendants #669 Motion to Enforce Settlement is extended through January 31, 2020. Signed by Judge Richard W. Story on 01/17/2020. (rsg)
January 17, 2020 Filing 672 AFFIDAVIT in Support re #671 Emergency MOTION for Extension of Time Respond to the Motion to Enforce Settlement, or in the alternative, to Reopen or Vacate Dismissal and Other Relief of Elspeth V. Hansen filed by Alliant Tax Credit 31, Inc.. (Kaplan, Bryan)
January 17, 2020 Filing 671 Emergency MOTION for Extension of Time Respond to the Motion to Enforce Settlement, or in the alternative, to Reopen or Vacate Dismissal and Other Relief with Brief In Support by Alliant Tax Credit 31, Inc.. (Attachments: #1 Brief in Support of Emergency Motion)(Kaplan, Bryan)
January 13, 2020 Filing 670 Minute Entry for proceedings held before Magistrate Judge Alan J. Baverman: Settlement Conference held on 1/13/2020. The parties contacted chambers regarding disagreements over the contents of the settlement agreement reached at mediation on 11/13/19. During the telephonic hearing, Magistrate Judge Baverman provided his understanding of the agreement. The parties are to redraft the written settlement agreement and attempt to reach consensus by the end of the week. (Tape #FTR Gold)(rsg)
January 7, 2020 Filing 669 ---WITHDRAWN PER #683 NOTICE OF WITHDRAWAL--- MOTION for Judgment Based on ADR Settlement , and in the Alternative, Motion to Reopen or Vacate Dismissal, and for Other Relief with Brief In Support by Marilyn Murphy. (Attachments: #1 Exhibit Declaration of Winterich, #2 Exhibit Transcript of Nov 13, 2019, #3 Exhibit Partially signed settlement document)(Winterich, Shawn) Modified on 2/25/2020 (dgr).
November 27, 2019 Filing 668 Notice of Change of Firm Name as to Bryan Kaplan (Attachments: #1 Text of Proposed Order Proposed Order)(Kaplan, Bryan) Modified on 12/2/2019 to correct docket text (dgr).
November 18, 2019 Opinion or Order Filing 667 ORDER: This case has been administratively closed because the parties have reached a settlement agreement. The Clerk is DIRECTED to terminate the pending status of the ripe motions and pro hac application [Doc. Nos. 643, 657, and 664]. Signed by Judge Richard W. Story on 11/18/2019. (dgr)
November 18, 2019 RETURN of #664 APPLICATION for Admission of Elspeth Victoria Hansen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9080175). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb)
November 14, 2019 Opinion or Order Filing 666 ORDER: IT IS HEREBY ORDERED that the action is DISMISSED WITHOUT PREJUDICE to the right of any party, anytime within the next SIXTY (60) DAYS, to reopen this action or vacate this order of dismissal. It is further ORDERED that the Court retains jurisdiction to vacate this order of dismissal and to reopen the action, if necessary. If the action has not been reopened or the Court has not received a motion to vacate on or before the time permitted by this Order, the action will be dismissed with prejudice. Signed by Judge Richard W. Story on 11/14/2019. (dgr)
November 13, 2019 Filing 665 Minute Entry for proceedings held before Magistrate Judge Alan J. Baverman: Settlement Conference held on 11/13/2019.The parties have settled the case. (Tape #FTR Gold)(dgr)
November 12, 2019 Filing 664 APPLICATION for Admission of Elspeth Victoria Hansen Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9080175). Documents for this entry are not available for viewing outside the courthouse.by Alliant Tax Credit 31, Inc.. (Attachments: #1 Text of Proposed Order Order of Admission)(Kaplan, Bryan)
November 7, 2019 Opinion or Order Filing 663 ORDER granting #662 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 11/13/19 at 9:00 a.m.. Signed by Magistrate Judge Alan J. Baverman on 11/07/2019. (rsg)
November 7, 2019 Filing 662 MOTION for Order to Allow Electronic Equipment in the Courtroom by Alliant Tax Credit 31, Inc.. (Attachments: #1 Exhibit Exhibit A - Proposed Order)(Kaplan, Bryan) Modified event on 11/7/2019 (rsg).
September 10, 2019 NOTICE of Rescheduling Hearing: Settlement Conference reset for 11/13/2019 at 10:00 AM in ATLA Courtroom 1879 before Magistrate Judge Alan J. Baverman. The informal confidential exparte memorandum shall be due no later than 12:00 pm on November 7, 2019. See #658 order for specific detail regarding the mediation. (lme)
August 21, 2019 Filing 661 TRANSCRIPT of the Status Conference Hearing Proceedings held on July 30, 2019, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/11/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/19/2019. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
August 13, 2019 Opinion or Order Filing 660 ORDER granting #659 Motion to Stay. This case is STAYED pending mediation with Judge Baverman. All filing deadlines are likewise STAYED. Signed by Judge Richard W. Story on 8/13/2019. (dgr)
August 12, 2019 Filing 659 Emergency MOTION to Stay Briefing on Marilyn Murphy's Motion for Rule 11 Sanctions with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief in Support)(Netter, Brian)
August 8, 2019 Opinion or Order Filing 658 ORDER scheduling Mediation. Mediation Hearing set for 11/7/2019 at 10:00 AM in ATLA Courtroom 1879 before Magistrate Judge Alan J. Baverman. See Order for further details and specifics. Signed by Magistrate Judge Alan J. Baverman on 8/8/2019. (dgr)
August 6, 2019 Filing 657 ---WITHDRAWN PER #683 NOTICE OF WITHDRAWAL--- MOTION for Sanctions Under Rule 11 Against the Alliant Parties and Their Counsel with Brief In Support by Marilyn Murphy. (Winterich, Shawn) Modified on 2/25/2020 (dgr).
August 5, 2019 Opinion or Order Filing 656 ORDER for the parties to participate in mediation. This case is REFERRED to Chief Magistrate Judge Alan J. Baverman for assignment of the case to a Magistrate Judge to serve as mediator. REFERRED CASE to Settlement Judge Magistrate Judge Alan J. Baverman. Signed by Judge Richard W. Story on 08/05/2019. (rsg)
August 2, 2019 Filing 655 USCA Clerk's Entry of Dismissal GRANTING of Defendant-Appellant's Motion for Voluntary Dismissal of #649 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-12749-DD. (kac)
July 30, 2019 Filing 654 Minute Entry for proceedings held before Judge Richard W. Story: Status Conference held on 7/30/2019. Parties will discuss mediation and will propose a mediator to the Court or request referral to a magistrate judge. (Court Reporter Amanda Lohnaas)(sk)
July 29, 2019 Submission of #643 MOTION for Return of Property (Restitution) and to Realign Parties, to District Judge Richard W. Story. (rsg)
July 24, 2019 Clerk's Certificate of Mailing as to Attorney Bryan Kaplan (via updated e-mail address) and Michael Murphy (mail) re #652 ORDER. (sk)
July 23, 2019 Filing 653 USCA Acknowledgment of #649 Notice of Appeal filed by Marilyn Murphy. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-12749-D. (kac)
July 22, 2019 Opinion or Order Filing 652 ORDER: On June 19, 2019, the Court entered an Order #641 adopting the mandate of the United States Court of Appeals as the judgment of this Court. Parties have raised issues regarding implementation of the judgment. In order to allow a full consideration of those issues, the Court hereby VACATES the directive in the Order that the Clerk enter judgment. The Court will reserve ruling on the terms of the judgment until the issues are fully addressed by the parties.To that end, the case is hereby set for a status conference on Tuesday, July 30, 2019 at 10:00 a.m. in Courtroom 2105, U.S. Courthouse, Atlanta, Georgia. Signed by Judge Richard W. Story on 7/22/2019. (dgr)
July 19, 2019 Filing 651 USCA Appeal Transmission Letter to 11th Circuit re: #649 Notice of Appeal filed by Marilyn Murphy. (kac)
July 19, 2019 Filing 650 NOTICE of Hearing: Hearing set for 7/25/2019 at 09:30 AM in ATLANTA Courtroom 2105 before Judge Richard W. Story. (sk)
July 19, 2019 Clerk's Certificate of Mailing as to Attorney Bryan Kaplan (via e-mail) and Michael Murphy (mail) re #650 Notice of Hearing. (sk)
July 19, 2019 Transmission of Certified Copy of Notice of Appeal, Final Judgment, Orders and Docket Sheet to US Court of Appeals re: #649 Notice of Appeal. (kac)
July 18, 2019 Filing 649 NOTICE OF APPEAL as to Writ Issued, #536 Order on Motion for Reconsideration, Order on Motion to Alter Judgment, Order on Motion for Judgment as a Matter of Law, Order on Motion to Stay, Order on Motion to Amend, Order on Motion for Order to Show Cause, #483 Judgment and #641 Order by Marilyn Murphy. Filing fee $505; Receipt Number AGANDC-8803004. Transcript Order Form due on 8/1/2019 (Winterich, Shawn) Modified on 7/19/2019 to include document relationship (kac).
July 18, 2019 Filing 648 REPLY BRIEF re #644 Supplemental Motion for Return of Property in Support of Motion for Restitution and to Realign Parties (Doc. 643), #643 MOTION for Return of Property (Restitution) and to Realign Parties filed by Marilyn Murphy. (Attachments: #1 Exhibit Fulton Superior Complaint of 2016, #2 Exhibit Letter of June 18, 2019)(Winterich, Shawn)
July 18, 2019 Filing 647 NOTICE of Appearance by Bryan Scott Kaplan on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc. (Kaplan, Bryan)
July 16, 2019 Filing 646 REPLY BRIEF re #642 MOTION to Stay and in the Alternative Vacate Order of June 19, 2019 filed by Marilyn Murphy. (Winterich, Shawn)
July 5, 2019 Filing 645 RESPONSE in Opposition re #642 MOTION to Stay and in the Alternative Vacate Order of June 19, 2019, #644 Supplemental Motion for Return of Property in Support of Motion for Restitution and to Realign Parties (Doc. 643), #643 MOTION for Return of Property (Restitution) and to Realign Parties filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Netter, Brian)
July 2, 2019 Filing 644 Supplemental Brief in Support of #643 Motion for Restitution and to Realign Parties for Return of Property by Marilyn Murphy. (Attachments: #1 Appendix Table of lost earnings, #2 Appendix Declaration)(Winterich, Shawn) Modified text and relationship on 7/2/2019 and terminated motion (rsg).
June 24, 2019 Filing 643 ---WITHDRAWN PER #683 NOTICE OF WITHDRAWAL--- MOTION for Return of Property (Restitution) and to Realign Parties with Brief In Support by Marilyn Murphy. (Attachments: #1 Exhibit Civil appeal statement, #2 Exhibit Order grtg sum jud to defts, #3 Exhibit Ga. App. Op. affirming sum judgment, #4 Exhibit Order grtg OCGA 9-15-14 expenses)(Winterich, Shawn) Modified on 2/25/2020 (dgr).
June 20, 2019 Filing 642 MOTION to Stay and in the Alternative Vacate Order of June 19, 2019 by Marilyn Murphy. (Winterich, Shawn)
June 19, 2019 Civil Case Terminated. (rsg)
June 19, 2019 Opinion or Order Filing 641 ORDER making the USCA mandate the judgment of this Court re #537 Notice of Appeal, #538 Notice of Appeal, #539 Notice of Appeal, #497 Notice of Appeal, #498 Notice of Appeal, and #630 Notice of Appeal. Case Appealed to USCA - 11th Circuit Case Number 15-14634-GG. Signed by Judge Richard W. Story on 06/18/2019. (rsg) Modified on 7/22/2019 (dgr) ---The directive in the Order that the Clerk enter judgment is hereby VACATED per the #652 Order ---.
June 19, 2019 Filing 640 PROPOSED Mandate Order re: #639 USCA Mandate. (rsg)
June 19, 2019 Submission of #640 Proposed Order, #639 USCA Mandate, to District Judge Richard W. Story. (rsg)
June 13, 2019 Filing 639 Copy of MANDATE of USCA AFFIRMING IN PART, REVERSING IN PART, and REMANDING to the District Court for further action re: #537 Notice of Appeal and #539 Amended Notice of Appeal, filed by Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit XI, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit XI, Ltd., and Alliant Tax Credit Tax Credit XXVII, Inc., #497 Notice of Appeal, filed by Marilyn Murphy, #498 Notice of Appeal, filed by Gazebo Park Apartments of Acworth, LLC, #538 Notice of Appeal, filed by Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, and Community Management Services, Inc., #630 Notice of Appeal, filed by Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Community Management Services, Inc., and Marilyn Murphy. Case Appealed to USCA - 11th Circuit Case Number 15-14634. (rsg)
May 22, 2019 Filing 638 NOTICE by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy re #107 Order on Motion for Attorney Fees,,,,,,,, #483 Judgment,,, of Demand for Prejudgment Interest (Winterich, Shawn)
May 15, 2019 Filing 637 USCA Opinion received (AFFIRMED IN PART AND REVERSED IN PART. REMANDED for further proceedings not inconsistent with this opinion.) re: #539 Amended Notice of Appeal filed by Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit XI, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., #630 Notice of Appeal filed by Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Marilyn Murphy, Community Management Services, Inc., #537 Notice of Appeal filed by Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit XI, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., #538 Notice of Appeal filed by Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Community Management Services, Inc., #498 Notice of Appeal filed by Gazebo Park Apartments of Acworth, LLC, #497 Notice of Appeal filed by Marilyn Murphy. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-GG. (kac)
February 5, 2018 Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #630 Amended Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-GG. The entire record on appeal is available electronically. (kac)
January 26, 2018 Filing 636 Notice for Leave of Absence for the following date(s): 2/16/18, 2/19-2/23, 2/26, 3/30, 4/2-4/6, 4/9-4/10, 5/24-5/25, 5/28-5/29, 6/29, 7/2-7/6, 7/9, 9/4-9/7, 9/10, 9/21, 9/24-9/28, 10/1, 10/19, 10/22-10/26, 10/29, 11/19-11/23, 11/26, 12/21, 12/24-12/28, 12/31-1/3/19, by Shawn Michael Winterich. (Winterich, Shawn)
November 14, 2017 Filing 635 Notification of Transcript Filed in District Court re: #633 Transcript Order Form filed by Marilyn Murphy. All transcripts for this request are now on file. (kac)
November 14, 2017 Filing 634 Court Reporter Acknowledgment re: #633 Transcript Order Form filed by Marilyn Murphy. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-GG. Transcript is required. Court Reporter: Amanda Lohnaas. Satisfactory financial arrangements completed. Transcript due by 12/14/2017. (kac)
November 14, 2017 Filing 633 TRANSCRIPT ORDER FORM for proceedings held on 5/30/2017 before Judge Story, re #630 Notice of Appeal,. Court Reporter: Lohnaas. (Winterich, Shawn)
November 14, 2017 Set Financial Arrangements due date deadline re: #633 Transcript Order Form. Financial Arrangements due on 11/28/2017.(kac)
November 3, 2017 Filing 632 Transmission of Certified Copy of Notice of Appeal, Final Judgment, Order and Docket Sheet to US Court of Appeals re: #630 Notice of Appeal. (kac)
November 3, 2017 Filing 631 NOTICE Of Filing Appeal Transmission Letter by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Marilyn Murphy re: #630 Notice of Appeal. (kac)
November 2, 2017 Filing 630 NOTICE OF APPEAL as to #628 Order on Motion to Vacate,, Order on Motion to Strike, #483 Judgment,,, by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Marilyn Murphy. Filing fee $ 505, receipt number 113E-7486842. Transcript Order Form due on 11/16/2017 (Winterich, Shawn)
October 6, 2017 Filing 629 Documents forwarded to USCA re #628 Order on Motion to Vacate, Order on Motion to Strike. Case Appealed to USCA - 11th Circuit Case Number 15-14634-GG. (rsg)
October 6, 2017 Opinion or Order Filing 628 ORDER denying #587 Motion to Vacate and denying #590 Motion to Strike a declaration of Shawn Horwitz [Doc. No. 589-1]. The Court has already dismissed Defendant Gazebo Park [Doc. No. 584]. As a result, the parties were diverse in citizenship. The Clerk is DIRECTED to send a copy of this order to the Clerk of the United States Court of Appeals for the Eleventh Circuit. Signed by Judge Richard W. Story on 10/06/2017. (rsg)
October 6, 2017 Clerks Certificate of Mailing to USCA for the 11th Circuit re #628 Order on Motion to Vacate, Order on Motion to Strike. (rsg)
September 17, 2017 Filing 627 PROVISIONALLY SEALED RESPONSE re #615 Order on Motion for Leave to File Matters Under Seal,, filed by M. Vincent Murphy, III. (Kreimer, Stanley)
September 17, 2017 Filing 626 REDACTION Murphy Response to Plaintiffs' Second Supplemental Statements of Citizenship by M. Vincent Murphy, III. (Kreimer, Stanley)
September 15, 2017 Filing 625 Notice of Court Ordered Sealed Filing by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. re: #613 Response (Non-Motion),, #611 Redacted Document, #623 Order on Motion for Leave to File Matters Under Seal, (Attachments: #1 Exhibit 1 - Amicus Brief)(Netter, Brian)
September 15, 2017 Filing 624 RESPONSE re #613 Response (Non-Motion),, #611 Redacted Document (Reply Brief in Support of Supplemental Statements of Citizenship - Redacted) filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 - Amicus Brief)(Netter, Brian)
September 15, 2017 Opinion or Order Filing 623 ORDER granting #621 Motion for Leave to File Matters Under Seal. For good cause shown, IT IS ORDERED that Alliant be permitted to file the Reply Brief under seal. The unredacted Reply Brief attached as Exhibit A to the unredacted version of Alliant's Motion for Leave may be filed under seal. Alliant may file the unredacted version of the Reply Brief under seal. Signed by Judge Richard W. Story on 09/15/2017. (rsg)
September 15, 2017 Opinion or Order Filing 622 ORDER granting #619 Motion for Leave to File. Signed by Judge Richard W. Story on 9/15/2017. (sek)
September 15, 2017 Filing 621 MOTION for Leave to File Matters Under Seal re: #620 Notice of Filing,, with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief in Support, #2 Text of Proposed Order)(Netter, Brian)
September 15, 2017 Filing 620 SEALED NOTICE Of Filing by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. re #619 MOTION for Leave to File Reply in Support of Supplemental Statements of Citizenship (Attachments: #1 Brief in Support, #2 Exhibit A - Proposed Sealed Reply Brief, #3 Exhibit B - Proposed Exhibit 1 to Reply, #4 Text of Proposed Order)(Netter, Brian) Modified on 9/15/2017 (rsg).
September 15, 2017 Filing 619 MOTION for Leave to File Reply in Support of Supplemental Statements of Citizenship with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief in Support, #2 Exhibit A - Proposed Redacted Reply Brief, #3 Exhibit B - Proposed Exhibit 1 to Reply, #4 Text of Proposed Order)(Netter, Brian)
September 15, 2017 Opinion or Order Filing 618 ORDER granting #616 Joint Motion for Order Allowing Filing of Substitute Briefs filed by Plaintiffs Alliant Tax Credit 31, Inc., et al.; Defendants M. Vincent Murphy, III, Community ManagementServices, Inc., and Multifamily Housing Developers, LLC and Defendant Marilyn Murphy. 1) The response filed on the docket as document number 611 shall be placed under seal and the Clerk of the Court shall ensure that this document is not publicly available; 2) Within 10 days of this Order, Mr. Murphy may file a new public version of his response which includes a revised redacted brief, and which will be treated for all purposes as if filed on September 10, 2017. 3) The response filed on the docket as document number 614, including the attachments filed as document numbers 614-1 to 614-11, shall be placed under seal and the Clerk of the Court shall ensure that these documents are not publicly available; and 4) Within 10 days of this Order, Ms. Murphy may file a new public version of her response which includes a revised redacted brief and removes exhibits 1-4 from the public record, and which will be treated for all purposes as if filed on September 11, 2017. Signed by Judge Richard W. Story on 9/15/2017. (bdb)
September 14, 2017 Filing 617 RESPONSE re #604 Notice of Filing, #605 Notice of Filing, #603 Notice of Filing, #596 Order,, #602 Notice of Filing,,,,,,,,,,, #606 Notice of Filing Regarding Supplemental Submissions of Citizenship filed by Marilyn Murphy. (Attachments: #1 Exhibit U.S. gov't press release, #2 Exhibit U.S. gov't banking info, #3 Exhibit U.S. gov't banking info, #4 Exhibit Bank 10k, #5 Exhibit Notice of 30b6 depo for 5/1/13, #6 Exhibit Doran 30b6 trans 5/1/13, #7 Exhibit Alliant resp to written questions, #8 Exhibit Notices of 30b6 depo 9/3 and 9/17/13, #9 Exhibit Doran 30b6 trans 9/3/13, #10 Exhibit Doran 30b6 trans 9/17/13, #11 Appendix Declaration Winterich)(Winterich, Shawn)
September 13, 2017 Filing 616 Joint MOTION for Order Allowing Filing of Substitute Briefs by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Netter, Brian)
September 13, 2017 Opinion or Order Filing 615 ORDER granting #612 Motion for Leave to File Matters Under Seal. For good cause shown, including confidentiality designations made by Plaintiffs, Defendants shall be permitted to file the following documents and exhibits under seal: 1. Response Brief of Defendants M. Vincent Murphy, III, et al. 2. Response Brief of Marilyn Murphy; 3. Brian Doran September 3, 2013 jurisdictional discovery deposition transcript (Ex. 9); and 4. Brian Doran September 17, 2013 jurisdictional discovery deposition transcript (Ex. 10). Signed by Judge Richard W. Story on 09/13/2017. (dgr)
September 11, 2017 Filing 614 SEALED--RESPONSE re #596 Order,, regarding supplemental submissions of citizenship filed by Marilyn Murphy. (Attachments: #1 Exhibit U.S. gov't press release, #2 Exhibit U.S. gov't banking info, #3 Exhibit U.S. gov't banking info, #4 Exhibit Bank 10k, #5 Exhibit Notice of 30b6 depo for 5/1/13, #6 Exhibit Doran 30b6 trans 5/1/13, #7 Exhibit Alliant resp to written questions, #8 Exhibit Notices of 30b6 depo 9/3 and 9/17/13, #9 Exhibit Doran 30b6 trans 9/3/13, #10 Exhibit Declaration Winterich)(Winterich, Shawn) Modified to place under seal on 9/15/2017 pursuant to #618 court order (bdb).
September 11, 2017 Filing 613 SEALED RESPONSE re #596 Order,, regarding supplemental submissions of citizenship filed by Marilyn Murphy. (Attachments: #1 Exhibit U.S. gov't press release, #2 Exhibit U.S. gov't banking info, #3 Exhibit U.S. gov't banking info, #4 Exhibit Bank 10k, #5 Exhibit Notice of 30b6 depo for 5/1/13, #6 Exhibit Doran 30b6 trans 5/1/13, #7 Exhibit Alliant resp to written questions, #8 Exhibit Notices of 30b6 depo 9/3 and 9/17/13, #9 Exhibit Doran 30b6 trans 9/3/13, #10 Exhibit Doran 30b6 trans 9/17/13, #11 Appendix Winterich declaration)(Winterich, Shawn) Modified on 9/13/2017 to remove word Provisionally in line with order (dgr).
September 10, 2017 Filing 612 Joint MOTION for Leave to File Matters Under Seal re: #264 Order on Motion for Protective Order, #596 Order,, by Marilyn Murphy. (Attachments: #1 Text of Proposed Order)(Winterich, Shawn)
September 10, 2017 Filing 611 SEALED--REDACTION Response to Plaintiff's Supplemental Statements of Citizenship by M. Vincent Murphy, III. (Kreimer, Stanley) Modified to place under seal on 9/15/2017 pursuant to #618 court order (bdb).
August 25, 2017 Clerks Certificate of Mailing as to Plaintiff's Attorney, Michael Brent McDonald re #610 Order on Motion for Extension of Time. (sk)
August 24, 2017 Opinion or Order Filing 610 ORDER granting #609 Motion for Extension of Time. It is ORDERED that the time within which the Defendants may file their responses and objections to Plaintiffs' Supplemental Statements of Citizenship is hereby extended to and through September 11, 2017. Signed by Judge Richard W. Story on 08/24/2017. (dgr)
August 23, 2017 Filing 609 Unopposed MOTION for Extension of Time File Response to Supplemental Plaintiffs' Statements of Citizenship (Unopposed) re: #604 Notice of Filing, #598 Statement, #605 Notice of Filing, #601 Statement, #603 Notice of Filing, #596 Order,, #602 Notice of Filing,,,,,,,,,,, #606 Notice of Filing, #600 Statement, #599 Statement, #597 Statement,,,,,,,,,, by Affordable Realty Management Incorporated, Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Marilyn Murphy. (Attachments: #1 Text of Proposed Order)(Winterich, Shawn)
August 15, 2017 Opinion or Order Filing 608 ORDER granting #607 Motion for Leave to File Matters Under Seal. IT IS ORDERED that Alliant be permitted to file under seal: 1) Supplemental Statement of Citizenship for Alliant Tax Credit 31, Inc.; 2) Supplemental Statement of Citizenship for Alliant Tax Credit Fund XXVII, Ltd, 3) Supplemental Statement of Citizenship for Alliant Tax Credit XXVII, LLC; 4) Supplemental Statement of Citizenship for Alliant Tax Credit XI, LLC; 5) Supplemental Statement of Citizenship for Alliant Tax Credit Fund XI, Ltd.; 6) Documents in Support of the Supplemental Statements: Exhibits P, P-1, P-5, P-6, P-7, P-9, and P-10; Exhibit Q and Q-1 to Q-4; Exhibit R and R-1 to R-6; Exhibit S and S-1 to S-22; Exhibit T; Exhibit U; Exhibits V and V-1; Exhibit W and W-1; Exhibit X and X-1; Exhibit Y and Y-1 to Y-3; Exhibit Z and Z-1 to Z-2; and Exhibit AA and AA-1 to AA-2. Signed by Judge Richard W. Story on 08/15/2017. (rsg)
August 15, 2017 Notification of Docket Correction re #602 Notice of Filing, (removed names in exhibits per counsel). (bdb)
August 14, 2017 Filing 607 MOTION for Leave to File Matters Under Seal re: #604 Notice of Filing, #605 Notice of Filing, #603 Notice of Filing, #602 Notice of Filing,,,,,,,,,,, #606 Notice of Filing with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief In Support of Motion, #2 Text of Proposed Order)(Netter, Brian)
August 14, 2017 Filing 606 *** SEALED *** NOTICE Of Filing by Alliant Tax Credit Tax Credit XXVII, Inc. (Netter, Brian) Modified on 8/15/2017 (rsg).
August 14, 2017 Filing 605 *** SEALED *** NOTICE Of Filing by Alliant Tax Credit XI, Inc. (Netter, Brian) Modified on 8/15/2017 (rsg).
August 14, 2017 Filing 604 *** SEALED *** NOTICE Of Filing by Alliant Tax Credit Fund XXVII, Ltd. (Netter, Brian) Modified on 8/15/2017 (rsg).
August 14, 2017 Filing 603 *** SEALED *** NOTICE Of Filing by Alliant Tax Credit XI, Ltd. (Netter, Brian) Modified on 8/15/2017 (rsg).
August 14, 2017 Filing 602 *** SEALED (with the exception of Exhibits P-2, P-3, P-4, and P-8) *** NOTICE Of Filing by Alliant Tax Credit 31, Inc. (Attachments: #1 Exhibit AA Declaration, #2 Exhibit AA-1, #3 Exhibit AA-2, #4 Exhibit P Declaration, #5 Exhibit P-1 Tax Return, #6 Exhibit P-2 Operating agreement, #7 Exhibit P-3 Operating agreement, #8 Exhibit P-4 Amended and Restated Agreement of Limited Partnership, #9 Exhibit P-5 Amended and Restated Agreement of Limited Partnership, #10 Exhibit P-6 Amended and Restated Agreement of Limited Partnership, #11 Exhibit P-7 First Amendment to the Amended and Restated Agreement of Limited Partnership, #12 Exhibit P-8 Articles of Incorporation of Alliant, inc., #13 Exhibit P-9 Operating agreement, #14 Exhibit P-10 Certificate of Conversion, #15 Exhibit Q Declaration, #16 Exhibit Q-1 Tax Return, #17 Exhibit Q-2 Articles of Organization, #18 Exhibit Q-3 Operating Agreement, #19 Exhibit Q-4 Limited Partnership Agreement, #20 Exhibit R Declaration, #21 Exhibit R-1 Operating Agreement, #22 Exhibit R-2 Annual Report, #23 Exhibit R-3 Articles of Incorporation, #24 Exhibit R-4 Annual Report, #25 Exhibit R-5 Articles of Incorporation, #26 Exhibit R-6 Articles of Amendment to Articles of Incorporation, #27 Exhibit S Declaration, #28 Exhibit S-1 SEC Annual Report, #29 Exhibit S-2, #30 Exhibit S-3 Purchase and Assumption Agreement, #31 Exhibit S-4, #32 Exhibit S-5 Articles of Association, #33 Exhibit S-6 Articles of Incorporation, #34 Exhibit S-7 Amendment of Certificate of Incorporation, #35 Exhibit S-8, #36 Exhibit S-9 Complaint, #37 Exhibit S-10 Texas Dept. of Banking Press Release, #38 Exhibit S-11 Certificate of Authority, #39 Exhibit S-12 Amended and Restated Articles of Association, #40 Exhibit S-13, #41 Exhibit S-14 SEC Annual Report, #42 Exhibit S-15 Articles of Association, #43 Exhibit S-16 Amendment of Certificate of Incorporation, #44 Exhibit S-17, #45 Exhibit S-18 SEC Amendment No. 1, #46 Exhibit S-19 Business License Application, #47 Exhibit S-20, #48 Exhibit S-21, #49 Exhibit S-22, #50 Exhibit T Declaration, #51 Exhibit U Declaration, #52 Exhibit V Declaration, #53 Exhibit V-1 Tax Return, #54 Exhibit W Declaration, #55 Exhibit W-1 Tax Return, #56 Exhibit X Declaration, #57 Exhibit X-1 Tax Return, #58 Exhibit Y Declaration, #59 Exhibit Y-1 Driver License, #60 Exhibit Y-2 Tax Return, #61 Exhibit Y-3 Marriage Dissolution, #62 Exhibit Z Declaration, #63 Exhibit Z-1 Driver's License, #64 Exhibit Z-2 Tax Return)(Netter, Brian) Modified to remove names in exhibits per counsel on 8/15/2017 (bdb). Modified on 8/15/2017 to remove exhibit description (sk). Modified on 8/15/2017 (rsg).
August 14, 2017 Filing 601 STATEMENT OF CITIZENSHIP FOR ALLIANT TAX CREDIT FUND XXVII, Inc. (SUPPLEMENTAL) - Redacted by Alliant Tax Credit Tax Credit XXVII, Inc.. (Netter, Brian)
August 14, 2017 Filing 600 STATEMENT OF CITIZENSHIP FOR ALLIANT TAX CREDIT FUND XI, Inc. (SUPPLEMENTAL) - Redacted by Alliant Tax Credit XI, Inc.. (Netter, Brian)
August 14, 2017 Filing 599 STATEMENT OF CITIZENSHIP FOR ALLIANT TAX CREDIT FUND XXVII, LTD. (SUPPLEMENTAL) - Redacted by Alliant Tax Credit Fund XXVII, Ltd.. (Netter, Brian)
August 14, 2017 Filing 598 STATEMENT OF CITIZENSHIP FOR ALLIANT TAX CREDIT FUND XI, LTD. (SUPPLEMENTAL) - Redacted by Alliant Tax Credit XI, Ltd.. (Netter, Brian)
August 14, 2017 Filing 597 STATEMENT OF CITIZENSHIP FOR ALLIANT TAX CREDIT 31, LLC (SUPPLEMENTAL) - Redacted by Alliant Tax Credit 31, Inc.. (Attachments: #1 Exhibit AA Filed Under Seal, #2 Exhibit AA-1 Filed Under Seal, #3 Exhibit AA-2 Filed Under Seal, #4 Exhibit P Declaration of Shawn Horwitz - Redacted, #5 Exhibit P-1 Filed Under Seal, #6 Exhibit P-2 Operating agreement - Redacted, #7 Exhibit P-3 Operating agreement - Redacted, #8 Exhibit P-4 Amended and Restated Agreement of Limited Partnership - Redacted, #9 Exhibit P-5 Amended and Restated Agreement of Limited Partnership - Redacted, #10 Exhibit P-6 Filed Under Seal, #11 Exhibit P-7 Filed Under Seal, #12 Exhibit P-8 Articles of Incorporation of Alliant, inc. - Redacted, #13 Exhibit P-9 Filed Under Seal, #14 Exhibit P-10 Filed Under Seal, #15 Exhibit Q Filed Under Seal, #16 Exhibit Q-1 Filed Under Seal, #17 Exhibit Q-2 Filed Under Seal, #18 Exhibit Q-3 Filed Under Seal, #19 Exhibit Q-4 Filed Under Seal, #20 Exhibit R Filed Under Seal, #21 Exhibit R-1 Filed Under Seal, #22 Exhibit R-2 Filed Under Seal, #23 Exhibit R-3 Filed Under Seal, #24 Exhibit R-4 Filed Under Seal, #25 Exhibit R-5 Filed Under Seal, #26 Exhibit R-6 Filed Under Seal, #27 Exhibit S Declaration of Brian D. Netter - Redacted, #28 Exhibit S-1 Filed Under Seal, #29 Exhibit S-2 Filed Under Seal, #30 Exhibit S-3 Filed Under Seal, #31 Exhibit S-4 Filed Under Seal, #32 Exhibit S-5 Filed Under Seal, #33 Exhibit S-6 Filed Under Seal, #34 Exhibit S-7 Filed Under Seal, #35 Exhibit S-8 Filed Under Seal, #36 Exhibit S-9 Filed Under Seal, #37 Exhibit S-10 Filed Under Seal, #38 Exhibit S-11 Filed Under Seal, #39 Exhibit S-12 Filed Under Seal, #40 Exhibit S-13 Filed Under Seal, #41 Exhibit S-14 Filed Under Seal, #42 Exhibit S-15 Filed Under Seal, #43 Exhibit S-16 Filed Under Seal, #44 Exhibit S-17 Filed Under Seal, #45 Exhibit S-18 Filed Under Seal, #46 Exhibit S-19 Filed Under Seal, #47 Exhibit S-20 Filed Under Seal, #48 Exhibit S-21 Filed Under Seal, #49 Exhibit S-22 Filed Under Seal, #50 Exhibit T Filed Under Seal, #51 Exhibit U Filed Under Seal, #52 Exhibit V Filed Under Seal, #53 Exhibit V-1 Filed Under Seal, #54 Exhibit W Filed Under Seal, #55 Exhibit W-1 Filed Under Seal, #56 Exhibit X Filed Under Seal, #57 Exhibit X-1 Filed Under Seal, #58 Exhibit Y Filed Under Seal, #59 Exhibit Y-1 Filed Under Seal, #60 Exhibit Y-2 Filed Under Seal, #61 Exhibit Y-3 Filed Under Seal, #62 Exhibit Z Filed Under Seal, #63 Exhibit Z-1 Filed Under Seal, #64 Exhibit Z-2 Filed Under Seal)(Netter, Brian)
August 2, 2017 Submission of #590 MOTION to Strike #589 Response in Opposition to Motion, and Objection to Affidavit of Shawn Horwitz (Doc 589-1), to District Judge Richard W. Story. (rsg)
July 31, 2017 Opinion or Order Filing 596 ORDER: Plaintiffs are ORDERED to file any supplemental information within fourteen days. For sake of clarity of the record, each Plaintiff may make a separate filing on the docket with relevant documents, but Plaintiffs need not make multiple filings of the same documents if there are common entities in their organizational structures. Defendants may file responses to Plaintiffs additional submissions, if desired, within fourteen days of Plaintiffs filing. If Plaintiffs fail to provide sufficient additional documentary support of their allegations, the Court will find that Plaintiffs have failed to prove diversity jurisdiction by a preponderance of the evidence. Signed by Judge Richard W. Story on 07/31/2017. (dgr)
July 27, 2017 Filing 595 REPLY to Response to Motion re #590 MOTION to Strike #589 Response in Opposition to Motion, and Objection to Affidavit of Shawn Horwitz (Doc 589-1) filed by Marilyn Murphy. (Winterich, Shawn)
July 13, 2017 Filing 594 RESPONSE re #591 Reply to Response to Motion filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Netter, Brian)
July 13, 2017 Filing 593 RESPONSE in Opposition re #590 MOTION to Strike #589 Response in Opposition to Motion, and Objection to Affidavit of Shawn Horwitz (Doc 589-1) filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Netter, Brian)
July 10, 2017 Filing 592 TRANSCRIPT of the Scheduling Conference Hearing Proceedings held on May 30, 2017, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/31/2017. Redacted Transcript Deadline set for 8/10/2017. Release of Transcript Restriction set for 10/10/2017. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
June 29, 2017 Filing 591 OBJECTIONS to Response to #587 MOTION to Vacate #584 Order Regarding Sealing (Docs. #264 and #578 ) filed by Marilyn Murphy. (Filed in #590 ) (bdb)
June 29, 2017 Filing 590 MOTION to Strike #589 Response in Opposition to #587 Motion to Vacate and Objection to Affidavit of Shawn Horwitz (Doc 589-1) with Brief In Support by Marilyn Murphy. (Attachments: #1 Exhibit Doran deposit excerpt 09032013)(Winterich, Shawn) Modified to relate to #587 on 6/29/2017 (bdb).
June 28, 2017 Submission of #587 MOTION to Vacate #584 Order Regarding Sealing (Docs. 264 and 578) to District Judge Richard W. Story. (jkl)
June 13, 2017 Filing 589 RESPONSE in Opposition re #587 MOTION to Vacate #584 Order Regarding Sealing (Docs. 264 and 578) filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Declaration of Shawn Horwitz)(Netter, Brian)
June 13, 2017 Filing 588 RESPONSE re #585 Joint Detailed Discovery Plan, #586 Notice of Filing, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Netter, Brian)
June 6, 2017 Filing 587 MOTION to Vacate #584 Order Regarding Sealing (Docs. 264 and 578) with Brief In Support by Marilyn Murphy. (Winterich, Shawn) Modified on 6/7/2017 (jkl).
June 6, 2017 Filing 586 NOTICE Of Filing proposed Discovery Requests about Subject Matter Jurisdiction and Memorandum in Support by Marilyn Murphy re #584 Order (Attachments: #1 Appendix Requests for Admissions, #2 Appendix Requests for Production, #3 Appendix Interrogatories, #4 Appendix Doran depo excerpts 092013)(Winterich, Shawn) Modified on 6/7/2017 (jkl).
June 6, 2017 Filing 585 Joint Detailed Discovery Plan by M. Vincent Murphy, III.(Kreimer, Stanley)
May 30, 2017 Opinion or Order Filing 584 ORDER DIRECTING the Defendants to submit their proposed discovery within 7 days. Plaintiffs may then file a response within 7 days thereafter. As a separate matter, Defendants may submit a brief on the issue of Plaintiffs filing their statement of citizenship under seal within seven days of the date of this Order. Plaintiffs may then file a response within seven days thereafter. Finally, the Consent Motion to Dismiss Gazebo Park Apartments of Acworth, LLC and Plaintiffs' Motion to Amend Complaint to Provide Specific Allegations of the Parties' Citizenship are GRANTED. Signed by Judge Richard W. Story on 5/30/17. (jpa)
May 30, 2017 Filing 583 Minute Entry for proceedings held before Judge Richard W. Story: Scheduling Conference held on 5/30/2017. The Court directed Defendants to submit proposed discovery within seven days and Plaintiffs will then have seven days to respond. The Court will allow Defendants to file a brief concerning citizenship in seven days and Plaintiffs will then have seven days to respond. The Court GRANTED the Consent Motion to Dismiss Gazebo Park Apartment of Acworth, LLC. Plaintiffs' Motion to Amend the Complaint to Provide SpecificAllegations of the Parties' Citizenship is GRANTED. (Court Reporter Amanda Lohnaas)(jpa) Modified on 11/14/2017 to correct date of hearing (sk).
May 25, 2017 Filing 582 RESPONSE re #576 Response (Non-Motion),,, filed by M. Vincent Murphy, III. (Kreimer, Stanley)
May 15, 2017 Filing 581 RESPONSE re #573 Certificate of Interested Persons, #569 Order,, #574 Response (Non-Motion), #576 Response (Non-Motion),,, #575 Response (Non-Motion),,,, Response Brief and Objections of Defendants to Evidentiary and Other Citizenship Materials of Plaintiffs filed by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Appendix 11th Circuit motion, #2 Appendix 11th Circuit reply)(Winterich, Shawn)
May 15, 2017 Opinion or Order Filing 580 ORDER granting #579 Unopposed Motion for Extension of Time to File Responses to #569 Order. The Defendants named herein shall have to and through May 25, 2017 to file their response. Signed by Judge Richard W. Story on 5/15/2017. (bdb)
May 12, 2017 Filing 579 Unopposed MOTION for Extension of Time re: #569 Order,, to File Response by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Text of Proposed Order Prop order)(Winterich, Shawn)
May 8, 2017 Opinion or Order Filing 578 ORDER granting #577 Plaintiffs' Motion for Leave to File Statement of Citizenship and Certain Exhibits Thereto Under Seal. For good cause shown, IT IS ORDERED that Alliant be permitted to file under seal Alliant's Statement as to the Parties' Citizenship, Exhibits A-N thereto, and Exhibits A-2, A-5, A-6, A-8, and A-9 to Exhibit A. Signed by Judge Richard W. Story on 5/8/2017. (bdb)
May 1, 2017 Filing 577 MOTION for Leave to File Matters Under Seal re: #576 Response (Non-Motion),,, with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Netter, Brian)
May 1, 2017 Filing 576 SEALED RESPONSE re #575 Response Statement as to the Parties' Citizenship filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Attachments: #1 Exhibit A, #2 Exhibit A-1 (Unsealed), #3 Exhibit A-2, #4 Exhibit A-3 (Unsealed), #5 Exhibit A-4 (Unsealed), #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7 (Unsealed), #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit B, #12 Exhibit C, #13 Exhibit D, #14 Exhibit E, #15 Exhibit F, #16 Exhibit G, #17 Exhibit H, #18 Exhibit I, #19 Exhibit J, #20 Exhibit K, #21 Exhibit L, #22 Exhibit M, #23 Exhibit N)(Netter, Brian) Modified to remove provisionally on 5/8/2017 (bdb).
May 1, 2017 Filing 575 RESPONSE re #569 Order,, Statement as to the Parties' Citizenship filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A (Redacted Version), #2 Exhibit A-1 (Redacted Version), #3 Exhibit A-2 (Filed Under Seal), #4 Exhibit A-3 (Redacted Version), #5 Exhibit A-4 (Redacted Version), #6 Exhibit A-5 (Filed Under Seal), #7 Exhibit A-6 (Filed Under Seal), #8 Exhibit A-7 (Redacted Version), #9 Exhibit A-8 (Filed Under Seal), #10 Exhibit A-9 (Filed Under Seal), #11 Exhibit B (Filed Under Seal), #12 Exhibit C (Filed Under Seal), #13 Exhibit D (Filed Under Seal), #14 Exhibit E (Filed Under Seal), #15 Exhibit F (Filed Under Seal), #16 Exhibit G (Filed Under Seal), #17 Exhibit H (Filed Under Seal), #18 Exhibit I (Filed Under Seal), #19 Exhibit J (Filed Under Seal), #20 Exhibit K (Filed Under Seal), #21 Exhibit L (Filed Under Seal), #22 Exhibit M (Filed Under Seal), #23 Exhibit N (Filed Under Seal))(Netter, Brian)
May 1, 2017 Filing 574 RESPONSE re #569 Order,, Brief Supporting Legal Support for Statements of Citizenship filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 - Motion to Dismiss, #2 Exhibit 2 - Response to Motion to Dismiss, #3 Exhibit 3 - Motion to Amend, #4 Exhibit 4 - Motion to Seal)(Netter, Brian)
May 1, 2017 Filing 573 Amended Certificate of Interested Persons and Corporate Disclosure Statement by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Netter, Brian) Modified on 5/2/2017 (jkl).
May 1, 2017 Filing 572 NOTICE by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy re #569 Order,, Statements of Citizenships (Attachments: #1 Affidavit of domicile by M. Murphy)(Winterich, Shawn)
April 28, 2017 Filing 571 BRIEF In Support of Citizenship re: #570 affidavit of Defendants M. Vincent Murphy, III, Community Management Services, Inc., and Multi Family Housing Developers, LLC by M. Vincent Murphy, III. (Kreimer, Stanley) Modified to accurately reflect entry on 4/28/2017 (bdb).
April 28, 2017 Filing 570 AFFIDAVIT by M. Vincent Murphy, III. (Kreimer, Stanley)
April 17, 2017 Opinion or Order Filing 569 ORDER re #568 USCA Mandate. The parties are ORDERED to file statements as to their citizenship at the time the Complaint was filed, including identity and citizenship of every partner of the partnership entities and of every member of the limited liability companies. The parties must file evidentiary support for each of their statements and a brief providing legal support for the statements of citizenship. The filings shall be made simultaneously within fourteen days of this order. The parties may file responses, if necessary, within fourteen days. The parties should be prepared to discuss their filings at the scheduling hearing currently set for 1:30 PM on Tuesday, May 30, 2017. Signed by Judge Richard W. Story on 4/17/2017. (bdb)
April 12, 2017 Opinion or Order Filing 568 ORDER making the USCA mandate the judgment of this Court re #539 Notice of Appeal, #537 Notice of Appeal, #538 Notice of Appeal on limited remand. Case Appealed to USCA - 11th Circuit Case Number 15-14634-GG. Signed by Judge Richard W. Story on 4/12/2017. (bdb)
April 12, 2017 Filing 567 NOTICE of Hearing: Scheduling Conference set for 5/30/2017 at 01:30 PM in ATLA Courtroom 2105 before Judge Richard W. Story. (sek)
April 12, 2017 Clerks Certificate of Mailing as to Attorney Michael Brent McDonald re 567 Notice of Hearing. (sk)
April 11, 2017 Filing 566 Notice for Leave of Absence for the following date(s): 2/24, 5/25, 5/26 - 5/31/2017, 6/29 - 7/11/2017, 8/31, 9/1 - 9/6/2017, 9/21 - 9/30/2017, 10/1 - 10/3/2017, 11/16 - 11/28/2017, 12/21 - 12/24/2017, 12/26 - 12/31/2017 and 1/1 - 1/3/2018, by Shawn Michael Winterich. (Winterich, Shawn) Modified to remove each day individually on 4/11/2017 (bdb).
April 11, 2017 Submission of #565 USCA Order on limited remand. (Proposed mandate order emailed to chambers) Submitted to District Judge Richard W. Story. (bdb)
April 10, 2017 Filing 565 Certified copy of ORDER of USCA re: #539 Notice of Appeal #537 Notice of Appeal, #538 Notice of Appeal. We REMAND the appeal to the district court for the limited purpose of adjudicating Appellees' motion to voluntarily dismiss the claims against Gazebo Park pursuant to Federal Rule of Civil Procedure 21 and motion to amend and to seal the pleadings, and to fully resolve the question of the court's subject-matter jurisdiction over this action. The district court shall take any action that it deems necessary to address the motions and resolve the doubts about its diversity subject matter jurisdiction, including but not limited to jurisdictional discovery if appropriate. If the district court determines that it did not have subject matter jurisdiction over the case, it should vacate its judgment and dismiss the case for lack of subject matter jurisdiction, providing this Court with a copy of the dismissal order. Should the court determine that it had subject matter jurisdiction over the case, it should enter an order to that effect and return the record, as supplemented, to this Court for further proceedings. Case Appealed to USCA, 11th Circuit Case Number 15-14634-GG. (bdb)
September 21, 2016 Filing 564 Notice for Leave of Absence for the following date(s): 9/23/2016, 9/26, 9/27, 9/28, 9/29, 9/30, 10/21, 10/24, 10/25, 10/26, 10/27. 10/28, 10/31, 11/21, 11/22, 11/23, 11/25, 11/28, 11/29, 11/30, 12/1, 12/2, 12/5, 12/6, 12/19, 12/20, 12/21, 12/22, 12/23, 12/26, 12/27, 12/28, 12/29, and 12/30/2016, 1/2/2017, 1/3, 1/4, 1/5 and 1/6/2017, by Shawn Michael Winterich. (Winterich, Shawn)
April 28, 2016 Filing 563 Minute Entry for proceedings held before Magistrate Judge Alan J. Baverman: Settlement Conference held on 4/28/2016. The parties were unable to settle the case. Related Appeals Cases Nos. 15-14634, 15-144654. (Court Reporter Lisa Enix)(rsg) Modified on 4/29/2016 (rth). Modified docket text date from the 29th to 28th on 7/14/2016 (rsg).
April 27, 2016 Opinion or Order Filing 562 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 4/28-29/16 at 10:00 AM in ATLA Courtroom 1879. Signed by Magistrate Judge Alan J. Baverman on 4/27/16. (rsg)
March 21, 2016 Opinion or Order Filing 560 ORDER scheduling Mediation. The Chief District Judge has given his approval for the undersigned to preside at a mediation in case number No. 15-14634-G currently pending in the Eleventh Circuit. Mediation Hearing set for 4/28/2016 and 4/29/2016 at 10:00 AM in ATLA Courtroom 1879 before Magistrate Judge Alan J. Baverman. All parties SHALL submit a BRIEF informal confidential ex parte memorandum to the undersigned no later than 12:00 p.m. on April 21, 2016. (See Complete Order for Other Specifics) Signed by Magistrate Judge Alan J. Baverman on 03/18/16. (fap)
March 21, 2016 CASE REFERRED to Settlement Judge Magistrate Judge Alan J. Baverman re Eleventh Circuit Action - Case Number 15-14634-G. (fap)
March 9, 2016 Opinion or Order Filing 559 ORDER granting #557 Application for Admission Pro Hac Vice of Edward David Johnson. Signed by Judge Richard W. Story on 03/09/16. (sk)
March 8, 2016 Filing 558 Notice for Leave of Absence for the following date(s): 5/13, 5/16, 5/17, 5/18, 5/19, 5/20, 5/23, 5/24, 5/25, 5/26, 5/27, 5/30, 5/31, 7/1, 7/5, 7/6, 7/7, 7/8, 7/11, 11/21, 11/22, 11/23, 11/24, 11/25, 11/28, 11/29, 12/19, 12/20, 12/21, 12/22, 12/23, 12/26, 12/27, 12/28, 12/29, 12/30/16, 1/2/17, 1/3, 1/4, 1/5. 1/6, by Shawn Michael Winterich. (Winterich, Shawn)
March 8, 2016 APPROVAL by Clerks Office re: #557 APPLICATION for Admission of Edward D. Johnson Pro Hac Vice. Attorney Edward David Johnson added appearing on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (pb)
March 1, 2016 Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #537 Notice of Appeal, #538 Notice of Appeal, #539 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-GG. The entire record on appeal is available electronically. (kac)
March 1, 2016 Clerk's Certificate of Mailing sent to counsel of record, Michael Brent McDonald, Brian David Netter, Evan Mark Tager, as to Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., re: #539 Notice of Appeal, #537 Notice of Appeal. Notice of street name change for the Atlanta courthouse included. (kac)
February 23, 2016 Filing 557 APPLICATION for Admission of Edward D. Johnson Pro Hac Vice by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
February 23, 2016 Opinion or Order Filing 556 ORDER granting #548 Application for Admission Pro Hac Vice of Petitioner Brian David Netter. Signed by Judge Richard W. Story on 2/23/16. (rsg)
February 23, 2016 Opinion or Order Filing 555 ORDER granting #549 Application for Admission Pro Hac Vice of Petitioner Evan Mark Tager. Signed by Judge Richard W. Story on 2/23/16. (rsg)
February 18, 2016 RETURN of #547 APPLICATION for Admission of Edward David Johnson Pro Hac Vice (Application fee $ 150, receipt number 113E-6273903) to attorney for correction re: form. (pb)
February 18, 2016 APPROVAL by Clerks Office re: #548 APPLICATION for Admission of Brian David Netter Pro Hac Vice (Application fee $ 150, receipt number 113E-6274026). Attorney Brian David Netter added appearing on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (pb)
February 18, 2016 APPROVAL by Clerks Office re: #549 APPLICATION for Admission of Evan Mark Tager Pro Hac Vice (Application fee $ 150, receipt number 113E-6274082). Attorney Evan Mark Tager added appearing on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (pb)
February 17, 2016 Filing 554 Notification of Transcript Filed in District Court re: #544 Transcript Order Form filed by M. Vincent Murphy, III. All transcripts for this request are now on file. (kac)
February 17, 2016 Filing 553 TRANSCRIPT of the Jury Trial Proceedings held on August 17, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Electronic Certification of Record on Appeal due on 3/2/2016. Redaction Request due 3/9/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/17/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
February 9, 2016 Filing 552 USCA Acknowledgment of #538 Notice of Appeal filed by Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Community Management Services, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-GG. (kac)
February 9, 2016 Set Electronic Certification due date deadline re: #551 Transcript Order Form. Electronic Certication due on 2/23/2016. (kac)
February 9, 2016 Filing 551 TRANSCRIPT ORDER FORM re #539 Notice of Appeal,,. (Barnett, Keith)
February 5, 2016 Filing 549 APPLICATION for Admission of Evan Mark Tager Pro Hac Vice (Application fee $ 150, receipt number 113E-6274082)by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
February 5, 2016 Filing 548 APPLICATION for Admission of Brian David Netter Pro Hac Vice (Application fee $ 150, receipt number 113E-6274026)by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
February 5, 2016 Filing 547 APPLICATION for Admission of Edward David Johnson Pro Hac Vice (Application fee $ 150, receipt number 113E-6273903)by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
February 4, 2016 Filing 550 TRANSCRIPT of the Motions Hearing Proceedings held on December 1, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2016. Redacted Transcript Deadline set for 3/7/2016. Release of Transcript Restriction set for 5/4/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
February 1, 2016 Filing 546 Court Reporter Acknowledgment re: #544 Transcript Order Form filed by M. Vincent Murphy, III. Case Appealed to USCA - 11th Circuit. Case Number 00-00000-00. Transcipt is required. Court Reporter: Amanda Lohnaas. Satisfactory financial arrangements completed. Transcript due by 3/2/2016. (kac)
January 27, 2016 Filing 545 USCA Acknowledgment of #539 Amended Notice of Appeal filed by Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit XI, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., #537 Notice of Appeal filed by Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit XI, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-GG. (kac)
January 27, 2016 Filing 544 TRANSCRIPT ORDER FORM for proceedings held on 8/17/15 before Judge Story, re #538 Notice of Appeal,,. Court Reporter: Lohnaas. (Kreimer, Stanley) (Main Document 544 replaced on 8/11/2016) (vlm).
January 27, 2016 Set Electronic Certification of Record on Appeal due date re: #544 Transcript Order Form. Electronic Certification of Record on Appeal due on 2/10/2016.(kac)
January 14, 2016 Filing 543 Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Order and Docket Sheet to US Court of Appeals re: #538 Notice of Appeal. (kac)
January 14, 2016 Filing 542 NOTICE Of Filing Appeal Transmission Letter by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, re: #538 Notice of Appeal. (kac)
January 14, 2016 Filing 541 Transmission of Certified Copy of Notices of Appeals, Clerk's Judgment, Order and Docket Sheet to US Court of Appeals re: #539 Amended Notice of Appeal and #537 Notice of Appeal. (kac)
January 14, 2016 Filing 540 NOTICE Of Filing Appeal Transmission Letter by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., re: #539 Amended Notice of Appeal and #537 Notice of Appeal. (kac)
January 14, 2016 Filing 539 AMENDED NOTICE OF APPEAL as to #536 Order on Motion for Reconsideration, Order on Motion to Alter Judgment, Order on Motion for Judgment as a Matter of Law, Order on Motion to Stay, Order on Motion to Amend, Order on Motion for Order to Show Cause and #483 Clerk's Judgment by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. Transcript Order Form due on 1/28/2016 (Barnett, Keith) Modified on 1/14/2016 (kac).
January 13, 2016 Filing 538 NOTICE OF APPEAL as to #536 Order on Motion for Reconsideration, Order on Motion to Alter Judgment, Order on Motion for Judgment as a Matter of Law, Order on Motion to Stay, Order on Motion to Amend, Order on Motion for Order to Show Cause and #483 Clerk's Judgment by M. Vincent Murphy, III, Community Management Services, Inc., and Multi Family Housing Developers, LLC. Filing fee $505.00;, Receipt number 113E-6233683. Transcript Order Form due on 1/27/2016 (Kreimer, Stanley) Modified on 1/14/2016 (kac).
January 13, 2016 Filing 537 NOTICE OF APPEAL as to #536 Order on Motion for Reconsideration, Order on Motion to Alter Judgment, Order on Motion for Judgment as a Matter of Law, Order on Motion to Stay, Order on Motion to Amend, Order on Motion for Order to Show Cause and #483 Clerk's Judgment by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. Filing fee $505, receipt number 113E-6233477. Transcript Order Form due on 1/27/2016 (Barnett, Keith) Modified on 1/14/2016 remove incorrect filer selected (kac).
December 16, 2015 Opinion or Order Filing 536 ORDER: Plaintiffs' #482 Motion for Reconsideration is DENIED. Plaintiffs' #487 Motion to Alter Judgment is DENIED. Defendants Gazebo Park and Marilyn Murphy's #488 Motion for Judgment as a Matter of Law is DENIED. Defendants' #489 Motion to Stay Enforcement and Amended Motion to Stay Enforcement #496 are DENIED as moot. Defendant Vincent Murphy's #491 Renewed Motion for Judgment as a Matter of Law is GRANTED, in part, and DENIED, in part. The Motion is granted as to the June 2009 Carroll note and is otherwise denied. Defendant Vincent Murphy's #492 Motion to Alter or Amend Judgment is DENIED. Plaintiffs' #508 Motion for Order to Show Cause is DENIED. Signed by Judge Richard W. Story on 12/16/2015. (cem)
December 16, 2015 Filing 535 POST-ARGUMENT Submission of Supplemental Authority regarding Prejudgment Interest under O.C.G.A. Section 7-4-15 re #533 Bench Brief Submitted During December 1 2015 Hearing filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith) Modified on 12/17/2015 to reflect efiled pleading. (cem)
December 16, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #536 Order. Notice of street name change for the Atlanta courthouse included. (cem)
December 11, 2015 Filing 534 BENCH BRIEF re #532 Motion Hearing filed by M. Vincent Murphy, III, Community Management Services, Inc., and Multifamily Housing Developers, LLC. (Kreimer, Stanley) Modified on 12/14/2015 to reflect efiled pleading and to add missing filers. (cem)
December 7, 2015 Filing 533 BENCH BRIEF Re Prejudgment Interest re MOTION to Alter #483 Judgment by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith) Modified on 12/11/2015 to reflect efiled pleading. (cem)
December 1, 2015 Filing 532 Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 12/1/2015. Written order to follow. (Court Reporter Amanda Lohnaas)(cem)
November 24, 2015 NOTICE of Hearing on Pending Motions. Motion Hearing set for 12/1/2015 at 02:00 PM in ATLA Courtroom 2105 before Judge Richard W. Story. (sek)
November 24, 2015 Submission of #508 MOTION for Order to Show Cause As to Why Defendant Marilyn Murphy Should Not Be Held in Contempt of Court, submitted to District Judge Richard W. Story. (cem)
November 23, 2015 Filing 531 REPLY to Response to Motion re #508 MOTION for Order to Show Cause As to Why Defendant Marilyn Murphy Should Not Be Held in Contempt of Court filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
November 20, 2015 Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #498 Notice of Appeal and #497 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-GG. The entire record on appeal is available electronically. (kac)
November 20, 2015 Clerk's Certificate of Mailing mailed to Michael Brent McDonald as to Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., re: Appeal Record Certified. Notice of street name change for the Atlanta courthouse included. (kac)
November 17, 2015 Filing 530 NOTICE Of Filing Financial Arrangements :re Transcript by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company), Marilyn Murphy (Attachments: #1 Exhibit A - paid invoice)(Winterich, Shawn)
November 10, 2015 Filing 529 Notification of Transcript Filed in District Court re: #517 Transcript Order Form filed by Marilyn Murphy, Gazebo Park Apartments of Acworth, LLC. All transcripts for this request are now on file. (kac)
November 6, 2015 Filing 528 TRANSCRIPT of the Jury Trial Proceedings (Volume 7) held on August 26, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Electronic Certification of Record on Appeal due on 11/20/2015. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
November 6, 2015 Filing 527 TRANSCRIPT of the Jury Trial Proceedings (Volume 6) held on August 25, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
November 6, 2015 Filing 526 TRANSCRIPT of the Jury Trial Proceedings (Volume 5) held on August 24, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
November 6, 2015 Filing 525 TRANSCRIPT of the Jury Trial Proceedings (Volume 4) held on August 21, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
November 6, 2015 Filing 524 TRANSCRIPT of the Jury Trial Proceedings (Volume 3) held on August 20, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
November 6, 2015 Filing 523 TRANSCRIPT of the Jury Trial Proceedings (Volume 2) held on August 19, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
November 6, 2015 Filing 522 TRANSCRIPT of the Jury Trial Proceedings (Volume 1) held on August 18, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
November 6, 2015 Filing 521 Minute Entry for proceedings held before Judge Richard W. Story: Telephone Conference held on 11/6/2015. Court held a telephone conference regarding the judgment. Motions hearing set for 12/1/2015. (Court Reporter Amanda Lohnaas)(cem)
November 5, 2015 Filing 520 RESPONSE in Opposition re #508 MOTION for Order to Show Cause As to Why Defendant Marilyn Murphy Should Not Be Held in Contempt of Court filed by Marilyn Murphy. (Winterich, Shawn)
November 4, 2015 Filing 519 REPLY BRIEF re #491 MOTION for Judgment as a Matter of Law filed by M. Vincent Murphy, III. (Kreimer, Stanley)
November 4, 2015 Filing 518 NOTICE by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy re #495 Affidavit of Service, #483 Judgment,,, OF SATISFACTION OF JUDGMENT (Attachments: #1 Exhibit A (order effectuating payment of $10,137,285.84), #2 Exhibit B (quote of payoff of $31,788.43), #3 Exhibit C (payoff of $31,788.43))(Winterich, Shawn)
November 3, 2015 Set Financial Arrangements due date deadline re: #517 Transcript Order Form. Financial Arrangements due on 11/17/2015.(kac)
November 3, 2015 Filing 517 TRANSCRIPT ORDER FORM for proceedings held on 8/17, 8/18, 8/19, 8/20, 8/21, 8/24, 8/25, 8/26, before Judge Richard W. Story, re #498 Notice of Appeal, #497 Notice of Appeal,. Court Reporter: Amanda Lohnaas. (Winterich, Shawn)
October 30, 2015 Filing 516 RESPONSE in Opposition re #496 MOTION to Amend #489 MOTION to Stay Enforcement of Judgment filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
October 28, 2015 Filing 515 NOTICE of Appearance by Henry Lane Young, II on behalf of Marilyn Murphy (Young, Henry)
October 23, 2015 Filing 514 REPLY to Response to Motion re #488 MOTION for Judgment as a Matter of Law (Renewed) under Fed.R.Civ.P. 50(b) filed by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Winterich, Shawn)
October 22, 2015 Opinion or Order Filing 513 ORDER: There are currently numerous pending motions before the Court [Doc. Nos. 482, 487, 488, 489, 491, 492, 496, and 508]. The Court will hear argument on these motions on Tuesday, December 1, 2015 at 2pm in Courtroom 2105 of the Richard B. Russell Federal Building, 75 Ted Turner Drive SW, Atlanta, Georgia 30303. Given the allegations of contempt against her, Defendant Marilyn Murphy is ORDERED to attend. Signed by Judge Richard W. Story on 10/22/2015. (cem)
October 22, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #513 Order. Notice of street name change for the Atlanta courthouse included. (cem)
October 20, 2015 Filing 512 USCA Acknowledgment of #498 Notice of Appeal filed by Gazebo Park Apartments of Acworth, LLC. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-G. (kac)
October 20, 2015 Filing 511 USCA Acknowledgment of #497 Notice of Appeal filed by Marilyn Murphy. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-14634-G. (kac)
October 20, 2015 Clerks Approval re #506 Application for Refund of Fees paid online. (mmc)
October 20, 2015 Refund in the amount of $505.00 has been processed, effective 10/20/2015, in response to Clerks Action on Application for Refund of Fees paid online. (kns)
October 19, 2015 Filing 510 RESPONSE in Opposition re #492 MOTION to Alter #483 Judgment,,, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
October 19, 2015 Filing 509 RESPONSE in Support re #487 MOTION to Alter #483 Judgment,,, or Amend Judgment to Add Prejudgment Interest Pursuant to Rule 59(e) filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
October 19, 2015 Filing 508 MOTION for Order to Show Cause As to Why Defendant Marilyn Murphy Should Not Be Held in Contempt of Court with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Affidavit Barnett Declaration)(Barnett, Keith)
October 19, 2015 Filing 507 RESPONSE in Opposition re #491 MOTION for Judgment as a Matter of Law filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 - 2014 Amendments to UFTA)(Barnett, Keith)
October 16, 2015 Filing 506 Application for Refund of Fees paid online through Pay.gov for receipt number 113E-6092901. (Winterich, Shawn) (Main Document 506 replaced on 8/11/2016) (vlm).
October 15, 2015 Filing 505 Costs Taxed in amount of $ 31,522.69 against M. Vincent Murphy, III et al. (cem)
October 14, 2015 Filing 504 RESPONSE in Opposition re #489 MOTION to Stay Enforcement of Judgment filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Affidavit Keith Barnett Declaration, #2 Exhibit Exhibit 1 - Letter to Counsel re Writ of Execution)(Barnett, Keith)
October 14, 2015 Filing 503 Transmission of Certified Copy of Notice of Appeal, Final Judgment, Jury Verdict and Docket Sheet to US Court of Appeals re: #498 Notice of Appeal. (kac)
October 14, 2015 Filing 502 NOTICE Of Filing Appeal Transmission Letter by Gazebo Park Apartments of Acworth, LLC, re: #498 Notice of Appeal. (kac)
October 14, 2015 Filing 501 Transmission of Certified Copy of Notice of Appeal, Jury Verdict, Final Judgment and Docket Sheet to US Court of Appeals re: #497 Notice of Appeal. (kac)
October 14, 2015 Filing 500 NOTICE Of Filing Appeal Transmission Letter by Marilyn Murphy re: #497 Notice of Appeal. (kac)
October 14, 2015 Submission of #482 MOTION for Reconsideration of August 17, 2015 denial of Plaintiffs' Motion to Bifurcate Trial to Allow a Jury to Decide on Plaintiffs' Requests for Legal Fees Under OCGA 13-6-11, submitted to District Judge Richard W. Story. (cem)
October 13, 2015 Filing 499 RESPONSE in Opposition re #488 MOTION for Judgment as a Matter of Law (Renewed) under Fed.R.Civ.P. 50(b) filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
October 13, 2015 Filing 498 NOTICE OF APPEAL as to #471 Jury Verdict and #483 Judgment by Gazebo Park Apartments of Acworth, LLC. Filing fee $505, receipt number 113E-6092921. Transcript Order Form due on 10/27/2015 (Winterich, Shawn) Modified on 10/14/2015 to include document relationship (kac).
October 13, 2015 Filing 497 NOTICE OF APPEAL as to #471 Jury Verdict and #483 Judgment by Marilyn Murphy. Filing fee $505, receipt number 113E-6092899. Transcript Order Form due on 10/27/2015 (Winterich, Shawn) Modified on 10/14/2015 to include document relationship (kac).
October 13, 2015 Filing 496 MOTION to Amend #489 MOTION to Stay Enforcement of Judgment with Brief In Support by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Winterich, Shawn)
October 12, 2015 Filing 494 RESPONSE re #487 MOTION to Alter #483 Judgment,,, or Amend Judgment to Add Prejudgment Interest Pursuant to Rule 59(e) filed by M. Vincent Murphy, III. (Kreimer, Stanley)
October 9, 2015 Filing 495 USM 285 FORM AFFIDAVIT of Service for Writ of Execution, as to M. Vincent Murphy, III, Executed on 10/8/2015. (cem)
October 9, 2015 Filing 493 RESPONSE in Opposition re #487 MOTION to Alter #483 Judgment,,, or Amend Judgment to Add Prejudgment Interest Pursuant to Rule 59(e) filed by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Winterich, Shawn)
October 6, 2015 Filing 492 MOTION to Alter of Amend #483 Judgment of Defendants M. Vincent Murphy, III, Multifamily Housing Associates, LLC and Community Management Services, Inc. by M. Vincent Murphy, III. (Attachments: #1 Brief)(Kreimer, Stanley) Modified on 10/7/2015 to reflect efiled pleading. (cem)
October 2, 2015 Filing 491 RENEWED MOTION for Judgment as a Matter of Law by M. Vincent Murphy, III. (Attachments: #1 Brief Brief in support of Renewed Motion)(Kreimer, Stanley) Modified on 10/5/2015 (cem).
September 29, 2015 Filing 490 Certified Mail Returned Receipt re Amended Writ of Execution. (cem)
September 27, 2015 Filing 489 MOTION to Stay Enforcement of Judgment with Brief In Support by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Winterich, Shawn)
September 26, 2015 Filing 488 MOTION for Judgment as a Matter of Law (Renewed) under Fed.R.Civ.P. 50(b) with Brief In Support by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Brief)(Winterich, Shawn)
September 24, 2015 Filing 487 MOTION to Alter #483 Judgment,,, or Amend Judgment to Add Prejudgment Interest Pursuant to Rule 59(e) with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 - Interest Calculation)(Barnett, Keith)
September 23, 2015 Filing 486 BILL OF COSTS by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit Itemization of Costs, #2 Exhibit Documents Supporting Costs)(Barnett, Keith)
September 22, 2015 Filing 485 RESPONSE in Opposition re #482 MOTION for Reconsideration of August 17, 2015 denial of Plaintiffs' Motion to Bifurcate Trial to Allow a Jury to Decide on Plaintiffs' Requests for Legal Fees Under OCGA 13-6-11 filed by M. Vincent Murphy, III. (Kreimer, Stanley)
September 16, 2015 Filing 484 RESPONSE in Opposition re #482 MOTION for Reconsideration of August 17, 2015 denial of Plaintiffs' Motion to Bifurcate Trial to Allow a Jury to Decide on Plaintiffs' Requests for Legal Fees Under OCGA 13-6-11 filed by Marilyn Murphy. (Winterich, Shawn)
September 14, 2015 AMENDED WRIT of Execution issued in the amount of $10,137,285.84. Original returned to attorney via certified mail (9171999991703195865286). (cem)
September 11, 2015 Opinion or Order Filing 483 FINAL JUDGMENT entered in favor of Plaintiffs Alliant Tax Credit Fund 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit XXVII, Inc., Alliant Tax Credit XI, Ltd. and Alliant Tax Credit XI, Inc. against Defendants M. Vincent Murphy, III, Marilyn Murphy, Multifamily Housing Developers, LLC, Community Management Services, Inc., and Gazebo Park Apartments of Acworth, LLC. (See Final Judgment for Complete Details.) Plaintiffs are entitled to recover their costs and must file a costs bill within 14 days of entry of this Final Judgment. The Court retains jurisdiction to grant further relief in order to effectuate this ruling if Defendants fail to comply with this order, or if the levy on any of the assets listed is no longer possible. Signed by Judge Richard W. Story on 9/11/2015. (Attachments: #1 Exhibit 1 - Writ of Execution)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--(cem)
September 11, 2015 Civil Case Terminated. (cem)
September 11, 2015 Clerks Certificate of Mailing as to Michael McDonald re #483 Final Judgment. (cem)
September 11, 2015 WRIT of Execution issued in the amount of $12,937,462.54. Original returned to attorney via certified mail (9171999991703195865293). (cem)
September 8, 2015 Filing 482 MOTION for Reconsideration of August 17, 2015 denial of Plaintiffs' Motion to Bifurcate Trial to Allow a Jury to Decide on Plaintiffs' Requests for Legal Fees Under OCGA 13-6-11 with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
September 4, 2015 Filing 481 REPLY to Response to Motion re #475 Proposed MOTION for Judgment , #476 MOTION to Supplement #475 Proposed MOTION for Judgment Exhibit 1 to Proposed Final JudgmentProposed MOTION for Writ of Execution filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 Proposed Final Judgment, #2 Exhibit 2 Writ of Execution, #3 Exhibit 3 Comparison of Proposed Judgments)(Barnett, Keith) (Attachment 2 replaced on 8/11/2016) (vlm).
September 2, 2015 Filing 480 RESPONSE in Opposition re #475 Proposed MOTION for Judgment filed by M. Vincent Murphy, III. (Kreimer, Stanley)
September 2, 2015 Filing 479 RESPONSE in Opposition re #475 Proposed MOTION for Judgment filed by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Winterich, Shawn)
September 2, 2015 Opinion or Order Filing 478 ORDER terminating Defendants Marilyn Murphy and Gazebo Park Apartments of Acworth, LLC's #438 Motion to Take Judicial Notice. Signed by Judge Richard W. Story on 9/2/2015. (cem)
September 2, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #478 Order. (cem)
August 31, 2015 Filing 477 CERTIFICATE OF SERVICE filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd. (Barnett, Keith)
August 31, 2015 Filing 476 MOTION to Supplement #475 Proposed MOTION for Judgment Exhibit 1 to Proposed Final Judgment, Proposed MOTION for Writ of Execution by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
August 30, 2015 Filing 475 Proposed MOTION for Judgment with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
August 27, 2015 Opinion or Order Filing 472 ORDER: On August 26, 2015, the jury returned a verdict in favor of Plaintiffs. The Court is awaiting briefing regarding a proposed judgment. In the meantime, Defendants are ORDERED not to transfer or encumber the assets that were at issue in this litigation, including but not limited to the proceeds from sale of the marital residence that are currently held in escrow, the Coca-Cola stock, furnishings, and the mountain cabin. Any party violating this order shall be subject to a citation for contempt. Signed by Judge Richard W. Story on 8/27/2015. (cem)
August 27, 2015 Clerks Certificate of Mailing as to Michael McDonald re #472 Order. (cem)
August 26, 2015 Filing 474 TRANSCRIPT of the Jury Trial Hearing Proceedings held on August 17, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/16/2015. Redacted Transcript Deadline set for 9/28/2015. Release of Transcript Restriction set for 11/24/2015. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
August 26, 2015 Filing 473 TRANSCRIPT of the Jury Trial Proceedings held on August 17, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/16/2015. Redacted Transcript Deadline set for 9/28/2015. Release of Transcript Restriction set for 11/24/2015. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
August 26, 2015 Filing 471 JURY VERDICT for Plaintiffs and against Defendants. Punitive Damages as to Vincent Murphy in the amount of $1,000,000.00, and Marilyn Murphy in the amount of $100,000.00. (Attachments: #1 Verdict as to Punitive Damages)(cem)
August 26, 2015 Filing 470 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial concluded on 8/26/2015. #466 Motion for Order WITHDRAWN. Court Denied Defendants Oral Motion for Rule 50 Dismissal. Parties closing arguments. Court charges the jury. Jury deliberations. Jury Verdict. Exhibits returned to all parties. Parties to submit proposed judgment. Hearing Concluded. VERDICT: In favor of the Plaintiffs and against the Defendants. Punitive Damages as to Vincent Murphy in the amount of $1,000,000.00 and Marilyn Murphy in the amount of $100,000.00. (Court Reporter Amanda Lohnaas) (cem)
August 26, 2015 ORAL MOTION for Rule 50 Dismissal filed by Gazebo Park Apartments of Acworth, LLC, Gazebo Park Apartments of Acworth, LLC, M. Vincent Murphy, III, Marilyn Murphy. (cem)
August 26, 2015 Filing 468 Third Requests to Charge by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. re Statute of Limitations Issue. (Attachments: #1 Supplement Requests to Charge)(Barnett, Keith)
August 25, 2015 Filing 469 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 8/25/2015. Witnesses sworn and testified. Defendants rest. Plaintiffs rebuttal. Plaintiffs rest. Charge conference held. Hearing not concluded. Court adjourned and will reconvene at 9:00 a.m., on 8/26/2015. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Amanda Lohnaas) (cem)
August 24, 2015 Filing 467 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 8/24/2015. Witnesses sworn and testified. Hearing not concluded. Court adjourned and will reconvene at 9:00 a.m., on 8/25/2015. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Amanda Lohnaas) (cem)
August 23, 2015 Filing 466 MOTION for Order For A Jury Charge Re Spoliation of Evidence with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
August 23, 2015 Filing 465 Second Requests to Charge by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. . (Barnett, Keith)
August 21, 2015 Filing 464 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 8/21/2015. Witnesses sworn and testified. Court adjourned and will reconvene at 9:00 a.m., on 8/24/2015. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Amanda Lohnaas) (cem)
August 21, 2015 Filing 463 USM 285 Form Executing a Subpoena for Trial, as to Kay P. Talalai on 8/14/2015. (cem)
August 20, 2015 Filing 462 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 8/20/2015. Witnesses sworn and testified. Hearing not concluded. Court adjourned and will reconvene at 9:00 a.m., on 8/21/2015. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Amanda Lohnaas)(cem)
August 19, 2015 Filing 461 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 8/19/2015. The Rule of Sequestration was invoked. Witnesses sworn and testified. Hearing not concluded. Court adjourned and will reconvene at 9:00 a.m., on 8/20/2015. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Amanda Lohnaas) (cem)
August 19, 2015 Opinion or Order Filing 460 ORDER granting #456 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 8/20/2015 through end of trial. Signed by Judge Richard W. Story on 8/19/2015 (sek).
August 18, 2015 Filing 459 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial continued on 8/18/2015. Witness sworn and testified. Plaintiffs and Defendants exhibits admitted. Hearing not concluded. Court adjourned and will reconvene at 9:00 a.m., on 8/19/2015. Jurors excused until the above time under the usual caution of the Court. (Court Reporter Amanda Lohnaas) (cem)
August 18, 2015 Filing 458 Exhibit List by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd... (Barnett, Keith)
August 17, 2015 Filing 457 Minute Entry for proceedings held before Judge Richard W. Story: Jury Trial began on 8/17/2015. Jury was sworn. The Rule of Sequestration was not invoked. Motions Ruled On: #418 Motion in Limine GRANTED; #419 Motion in Limine GRANTED; #420 Motion in Limine DENIED; #421 Motion in Limine DENIED; #422 Motion to Amend DENIED. Jury voir dire. Jury selected and sworn. Parties opening arguments. Hearing not concluded. Court adjourned and will reconvene at 9:30 a.m., on 8/18/2015. Jurors excused until the above time under the usual caution of the Court. (Attachments: #1 Jury Peremptory Challenges) (Court Reporter Amanda Lohnaas) (cem)
August 17, 2015 Filing 456 Amended Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Text of Proposed Order)(Kreimer, Stanley)
August 17, 2015 Opinion or Order Filing 455 ORDER granting #454 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 8/18/2015 through end of trial. Signed by Judge Richard W. Story on 8/17/2015 (sek).
August 17, 2015 Filing 454 Amended Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Text of Proposed Order)(Hines, Richard)
August 17, 2015 Filing 453 EVIDENTIARY OBJECTIONS to re #441 Deposition, #444 Deposition, #445 Deposition, #443 Deposition,, #442 Deposition to Marilyn Murphy's Deposition Designations filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Supplement to Main Document Pages 39-75, #2 Supplement to Main Document Pages 76-102 -, #3 Supplement to Main Document Pages 103-123, #4 Exhibit Exhibit A Estoppel Brief, #5 Exhibit Exhibit B Assets Brief)(Barnett, Keith) Modified on 8/18/2015: Incorrect event used to efile pleading. Entry modified to reflect efiled pleading. (cem)
August 17, 2015 Filing 452 EVIDENTIARY OBJECTIONS to re #442 Deposition, #443 Deposition,, to M. Vincent Murphy's Deposition Designations filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Supplement Part 2 - Pages 37-74 of Objections, #2 Exhibit A - Estoppel Brief, #3 Exhibit B - Assets Brief)(Barnett, Keith) Modified on 8/18/2015: Incorrect event used to efile pleading. Entry modified to reflect efiled pleading. (cem)
August 16, 2015 Filing 451 Amended Requests to Charge by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. and Statement of Contentions. (Barnett, Keith)
August 16, 2015 Filing 450 Requests to Charge by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. and Statement of Contentions. (Barnett, Keith)
August 16, 2015 Filing 449 Proposed Jury Instructions by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. and Statement of Contentions. (Barnett, Keith)
August 16, 2015 Filing 448 Requests to Charge by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy . (Attachments: #1 Statement of Contentions, #2 Proposed General Preliminary Instruction)(Hines, Richard)
August 16, 2015 Filing 447 Requests to Charge by M. Vincent Murphy, III . (Attachments: #1 Exhibit Statement of Contentions)(Kreimer, Stanley)
August 14, 2015 Filing 446 DEPOSITION of Robert A. McMaster taken on April 25, 2015 by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 McMaster Transcript Part 2, #2 McMaster Transcript Part 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12)(Hines, Richard)
August 14, 2015 Filing 445 DEPOSITION of Patrick J. Poff taken on February 23, 2015 by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Exhibit A, #2 Exhibit 17 Part 1, #3 Exhibit 17 Part 2, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 79)(Hines, Richard)
August 14, 2015 Filing 444 DEPOSITION of Amy L. Drushal taken on February 23, 2015 by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Exhibit A, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 80)(Hines, Richard)
August 14, 2015 Filing 443 DEPOSITION of Brian Doran taken on February 6, 2015 by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 14, #5 Exhibit 21 Part 1, #6 Exhibit 21 Part 2, #7 Exhibit 24, #8 Exhibit 26, #9 Exhibit 30, #10 Exhibit 34, #11 Exhibit 41, #12 Exhibit 46, #13 Exhibit 86, #14 Exhibit 88 Part 1, #15 Exhibit 88 Part 2, #16 Exhibit 88 Part 3, #17 Exhibit 89, #18 Exhibit 90, #19 Exhibit 91, #20 Exhibit 92, #21 Exhibit 175, #22 Exhibit 176)(Hines, Richard)
August 14, 2015 Filing 442 DEPOSITION of Brian Doran taken on May 1, 2013 by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hines, Richard)
August 14, 2015 Filing 441 DEPOSITION of M. Vincent Murphy, III taken on August 26, 2010 by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 4, #6 Exhibit 5)(Hines, Richard)
August 14, 2015 Filing 440 NOTICE Of Filing Original Depositions by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company), Marilyn Murphy (Hines, Richard)
August 14, 2015 Opinion or Order Filing 439 ORDER granting #436 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 8/17/2015 at 9:30 a.m. Signed by Judge Richard W. Story on 8/14/2015. (cem)
August 14, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #439 Order on Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom, #437 Order on Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom. (cem)
August 13, 2015 Filing 438 MOTION To Take Judicial Notice with Brief In Support by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Winterich, Shawn)
August 13, 2015 Opinion or Order Filing 437 ORDER granting #435 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 8/17/2015 at 9:30 a.m. Signed by Judge Richard W. Story on 8/13/2015. (cem)
August 13, 2015 Submission of #422 MOTION to Amend #365 Proposed Pretrial Order, submitted to District Judge Richard W. Story. (cem)
August 12, 2015 Filing 436 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Text of Proposed Order)(Kreimer, Stanley)
August 12, 2015 Filing 435 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Text of Proposed Order)(Hines, Richard)
August 12, 2015 Filing 434 REPLY BRIEF re #422 MOTION to Amend #365 Proposed Pretrial Order,,, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
August 11, 2015 Submission of #418 MOTION in Limine (II), #419 MOTION in Limine (III), #420 MOTION in Limine (IV), #421 MOTION in Limine (V), submitted to District Judge Richard W. Story. (cem)
August 10, 2015 Filing 433 REPLY BRIEF re #418 MOTION in Limine (II), #419 MOTION in Limine (III), #420 MOTION in Limine (IV), #421 MOTION in Limine (V) filed by Marilyn Murphy. (Winterich, Shawn)
August 7, 2015 Filing 432 RESPONSE in Opposition re #421 MOTION in Limine (V) Defendant Marilyn Murphy filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
August 7, 2015 Filing 431 RESPONSE in Opposition re #420 MOTION in Limine (IV) Defendant Marilyn Murphy filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
August 7, 2015 Filing 430 RESPONSE in Opposition re #419 MOTION in Limine (III) Defendant Marilyn Murphy filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
August 7, 2015 Filing 429 RESPONSE in Opposition re #418 MOTION in Limine (II) of Defendant Marilyn Murphy filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
August 7, 2015 Filing 428 RESPONSE in Opposition re #422 MOTION to Amend #365 Proposed Pretrial Order,,, filed by M. Vincent Murphy, III. (Kreimer, Stanley)
August 7, 2015 Filing 427 RESPONSE in Opposition re #422 MOTION to Amend #365 Proposed Pretrial Order,,, filed by Marilyn Murphy. (Attachments: #1 Exhibit Deft First RPD to Pltff 11/9/11, #2 Exhibit Pltff Resp to First RPD of Deft 1/9/12, #3 Exhibit First Interrog of Pltff 11/9/11, #4 Exhibit Pltff Resp to Deft First Interrog 1/9/12, #5 Exhibit M D Georgia Civil LR 26, #6 Exhibit S D Georgia Civil Local Rule 26, #7 Exhibit Plainitffs' exhibit production)(Winterich, Shawn)
August 4, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #426 Order. (cem)
August 3, 2015 Opinion or Order Filing 426 ORDER: This case comes the Court on Defendant Marilyn Murphy's Motions in Limine [Doc. Nos. 418, 419, 420, and 421] and Plaintiffs' Motion to Amend the Proposed Pretrial Order [Doc. No. 422]. The parties are ORDERED to file response briefs by August 7, 2015. The parties are ORDERED to file reply briefs by August 13, 2015. Signed by Judge Richard W. Story on 8/3/2015. (cem)
August 3, 2015 Clerks Certificate of Mailing as to Alliant Tax Credit 31, Inc. re #424 Order. (cem)
July 31, 2015 Filing 425 TRANSCRIPT of the Pretrial Trial Conference Proceedings held on July 24, 2015, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
July 31, 2015 Opinion or Order Filing 424 ORDER denying Plaintiffs' #402 Motion for Sanctions. Signed by Judge Richard W. Story on 7/31/2015. (cem)
July 31, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #423 Order. (cem)
July 30, 2015 Opinion or Order Filing 423 ORDER: At the pretrial conference on July 24, 2015, Plaintiffs requested the Court's assistance in serving Kay P. Talali, the wife of Defendant M. Vincent Murphy, III. The United States Marshals Service is DIRECTED to serve the attached subpoena by August 12, 2015. Plaintiffs are ORDERED to pay any costs associated with service of the subpoena. Plaintiffs are ORDERED to place on deposit certified funds (bank certified or cashiers check made payable to the U.S. Marshals Service) with the Marshals in the amount of $250. Plaintiff are ORDERED to complete a USM Form 285. Any remaining funds will be refunded, and any further expenses beyond $250 will be billed and paid as directed in this order. Signed by Judge Richard W. Story on 7/30/2015. (Attachments: #1 Attachment of Subpoena) (cem)
July 30, 2015 Filing 422 MOTION to Amend #365 Proposed Pretrial Order,,, with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief In Support of Motion to Amend Plaintiffs' Proposed Pre-Trial Order, #2 Exhibit C - Document Handed to the Court during the Pre-Trial Conference, #3 Exhibit P - Document Handed to the Court during the Pre-Trial Conference)(Barnett, Keith)
July 27, 2015 Filing 421 MOTION in Limine (V) with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief, #2 Exhibit Ex 1 list of allegedly fraudulent transfers, #3 Exhibit Ex 2 apartment equity calculation)(Winterich, Shawn)
July 27, 2015 Filing 420 MOTION in Limine (IV) with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief, #2 Exhibit Ex 5-18 (check copies))(Winterich, Shawn)
July 27, 2015 Filing 419 MOTION in Limine (III) with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief, #2 Exhibit Check ex. 1-4, #3 Exhibit Fin stmts ex. 19, #4 Exhibit Motion for discovery ex. 20, #5 Exhibit Resp to post jud discov ex. 21, #6 Exhibit V. Murph depo 082610 ex. 22, #7 Exhibit Excerpt from 2013 letter ex. 23, #8 Exhibit UFTA excerpt ex. 24)(Winterich, Shawn)
July 27, 2015 Filing 418 MOTION in Limine (II) with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief Memorandum in Support)(Winterich, Shawn)
July 27, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #416 Order. (cem)
July 24, 2015 Filing 417 Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing and Pretrial Conference held on 7/24/2015. Trial set for 8/17/2015. Written order to follow. (Court Reporter Amanda Lohnaas) (cem)
July 24, 2015 Opinion or Order Filing 416 ORDER dismissing as moot #364 Motion in Limine to exclude the testimony of Kurt Kegal. Marilyn Murphy's Motion in Limine #362 is DENIED IN PART and DISMISSED AS MOOT IN PART. Motion in Limine regarding Stan Kreimer #363 is DISMISSED AS MOOT. The Motions to Supplement Proposed Pretrial Order #407 and #415 are GRANTED. Defendant Marilyn Murphy's motion as to evidence of attorney's fees is DENIED, with a right to refile. Signed by Judge Richard W. Story on 7/24/2015. (cem)
July 23, 2015 Filing 415 MOTION to Supplement Defendants' Selected Portions of Proposed Pretrial Order with Brief In Support by M. Vincent Murphy, III. (Attachments: #1 Brief in Support of Motion for Leave to Supplement Defendants' Selected Portions of Proposed Pretrial Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Kreimer, Stanley)
July 22, 2015 Opinion or Order Filing 414 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 7/24/15, 8/17/15 for W.H. Bundy, Jr., Brent McDonald and Alex Rosen. Signed by Judge Richard W. Story on 7/22/15. (dr)
July 20, 2015 Opinion or Order Filing 413 ORDER granting #411 Motion for Order Granting Withdrawal of Attorney Kurt E. Lentz. Attorney Kurt Eric Lentz terminated. Attorneys Keith J. Barnett, W. H. Bundy, Jr., and Michael Brent McDonald shall remain counsel of record for Plaintiffs. Signed by Judge Richard W. Story on 7/20/2015. (cem)
July 20, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #413 Order. (cem)
July 20, 2015 Submission of #407 MOTION for Leave to Supplement Defendants' Selected Portions of #365 Proposed Pretrial Order, submitted to District Judge Richard W. Story. (cem)
July 19, 2015 Filing 412 REPLY BRIEF re #407 MOTION to Supplement #365 Proposed Pretrial Order,,, filed by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Winterich, Shawn)
July 17, 2015 Filing 411 MOTION to Withdraw Kurt Eric Lentz as Attorneyby Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Lentz, Kurt)
July 13, 2015 Filing 410 RESPONSE in Opposition re #407 MOTION to Supplement #365 Proposed Pretrial Order, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Bundy, Walter)
July 11, 2015 Filing 409 Certification of Consent to Substitution of Counsel's Firm Name only. Keith Jerrod Barnett replacing attorney Keith Jerrod Barnett. (Barnett, Keith) Modified on 7/13/2015 (bdb).
July 6, 2015 Submission of #402 MOTION for Sanctions, submitted to District Judge Richard W. Story. (cem)
July 3, 2015 Filing 408 REPLY BRIEF re #402 MOTION for Sanctions Against Defendants filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
June 29, 2015 Filing 407 MOTION to Supplement #365 Proposed Pretrial Order,,, with Brief In Support by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Supplement F-2 witn list, #2 Supplement G-2 exhibit list, #3 Supplement N depo design, #4 Supplement I verdict form ct 1, #5 Supplement I verdict form ct 2, #6 Supplement I verdict form ct 3, #7 Supplement I verdict form ct 4)(Winterich, Shawn)
June 28, 2015 Filing 406 RESPONSE in Opposition re #402 MOTION for Sanctions filed by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Exhibit Doran depo excerpts 020615)(Winterich, Shawn)
June 23, 2015 Opinion or Order Filing 405 ORDER denying Defendants Marilyn Murphy and Gazebo Park Apartments of Acworth, LLC's #356 Motion to Set Aside Judgment and for Other Relief. Signed by Judge Richard W. Story on 6/23/2015. (cem)
June 23, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #405 Order. (cem)
June 15, 2015 Opinion or Order Filing 404 ORDER GRANTING #403 Motion to Withdraw Patricia Anne Gorham as Attorney for Plaintiffs. Signed by Judge Richard W. Story on 6/15/2015. (jtj)
June 11, 2015 Filing 403 MOTION to Withdraw Patricia Anne Gorham as Attorneyby Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Gorham, Patricia)
June 10, 2015 Filing 402 MOTION for Sanctions with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief Brief in Support of Motion for Sanctions, #2 Exhibit 1-Gorham letter to Kreimer, Winterich and Hines. April 3, 2015, #3 Exhibit 2-E-mail from Hines to Gorham & Barnett. April 9, 2015, #4 Exhibit 3-Gorham letter to Kreimer, Winterich and Hines. April 10, 2015, #5 Exhibit 4-Hines letter to Gorham. April 14, 2015, #6 Exhibit 5-Gorham letter to Kreimer, Winterich and Hine. April 17, 2015, #7 Exhibit 6-Kreimer letter to Gorham. May 8, 2015, #8 Exhibit 7-Winterich letter to Gorham. May 6, 2015)(Bundy, Walter)
May 28, 2015 NOTICE setting Trial: Pretrial Conference set for 7/24/2015 at 02:30 PM in ATLA Courtroom 2105 before Judge Richard W. Story. Jury Trial specially set for 8/17/2015 at 09:30 AM in ATLA Courtroom 2105 before Judge Richard W. Story. (rag)
May 19, 2015 Opinion or Order Filing 401 ORDER denying Defendants' #390 Motion to Revoke Pro Hac Vice Admission of Walter H. Bundy. Signed by Judge Richard W. Story on 5/19/2015. (cem)
May 19, 2015 Clerks Certificate of Mailing as to Michael Brent McDonald re #401 Order. (cem)
May 14, 2015 Filing 400 Notice for Leave of Absence for the following date(s): 6/19/15, 6/20/15, 6/21/15, 6/22/15, 6/23/15, 6/24/15, 6/25/15, 6/26/15, 6/27/15, 6/28/15, 6/29/15, 6/30/15, 7/1/15, by Patricia Anne Gorham. (Gorham, Patricia)
May 8, 2015 Filing 399 NOTICE by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III re #390 MOTION to Revoke Pro Hac Vice Admission of Walter H. Bundy and for Other Relief (Kreimer, Stanley)
May 7, 2015 Filing 398 NOTICE by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company) re #390 MOTION to Revoke Pro Hac Vice Admission of Walter H. Bundy and for Other Relief Certification of Client and Withdrawal of Counsel in Respect of Motion Only (Hines, Richard)
May 6, 2015 Filing 397 NOTICE of Appearance by Shawn Michael Winterich on behalf of Gazebo Park Apartments of Acworth, LLC (Winterich, Shawn)
April 29, 2015 Filing 396 Notice for Leave of Absence for the following date(s): 6/29/15, 6/30/15, 7/1/15, 7/2/15, 7/3/15, by Walter Henry Bundy, Jr. (Bundy, Walter)
April 28, 2015 Submission of #390 MOTION to Revoke Pro Hac Vice Admission of Walter H. Bundy and for Other Relief, submitted to District Judge Richard W. Story. (cem)
April 27, 2015 Filing 395 REPLY BRIEF re #390 MOTION to Revoke Pro Hac Vice Admission of Walter H. Bundy and for Other Relief filed by Community Management Services, Inc., Gazebo Park Apartments of Acworth, LLC, Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Marilyn Murphy. (Attachments: #1 Exhibit A - Doran Depo Excerpt)(Hines, Richard)
April 8, 2015 Filing 394 RESPONSE in Opposition re #390 MOTION to Revoke Pro Hac Vice Admission of Walter H. Bundy and for Other Relief filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 (Declaration of Shawn Horwitz), #2 Exhibit 2 (Excerpt from Brian Doran February 6, 2015 Deposition), #3 Exhibit 3 (New York State Bar Ass'n Op. 668))(Gorham, Patricia)
April 8, 2015 Filing 393 NOTICE of Appearance by Patricia Anne Gorham on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Gorham, Patricia)
March 12, 2015 Filing 392 STIPULATION re #390 MOTION to Revoke Pro Hac Vice Admission of Walter H. Bundy and for Other Relief Extending Time to File an Opposition by Affordable Realty Management Incorporated, Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Barnett, Keith)
March 12, 2015 Filing 391 NOTICE Of Filing Additional Exhibits to Memorandum by Community Management Services, Inc., Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company), Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Marilyn Murphy re #390 MOTION to Revoke Pro Hac Vice Admission of Walter H. Bundy and for Other Relief (Attachments: #1 Exhibit 4--Bundy 2010 Fee Agreement, #2 Exhibit 5--Bundy 2012 Fee Agreement)(Hines, Richard)
March 4, 2015 Filing 390 MOTION to Revoke Pro Hac Vice Admission of Walter H. Bundy and for Other Relief with Brief In Support by Community Management Services, Inc., Gazebo Park Apartments of Acworth, LLC, Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Marilyn Murphy. (Attachments: #1 Brief, #2 Exhibit 1 - Consulting Agreement, #3 Exhibit 2 - Doran Deposition Excerpts, #4 Exhibit 3 - Doran Trial Testimony Excerpts, #5 Exhibit 6 - Order in Ward Matter)(Hines, Richard)
March 4, 2015 Filing 389 Certification of Consent to Substitution of Counsel. Keith Jerrod Barnett replacing attorney Puja R. Patel. (Barnett, Keith)
March 4, 2015 Filing 388 Notice for Leave of Absence for the following date(s): 5/4/15, 5/5/15, 5/6/15, 5/7/15, 5/8/15, 5/11/15, 5/12/15, by Walter Henry Bundy, Jr. (Bundy, Walter)
March 3, 2015 Filing 387 Certification of Consent to Substitution of Counsel. Keith Jerrod Barnett replacing attorney John P. Hutchins. (Barnett, Keith)
March 3, 2015 Filing 386 NOTICE of Appearance by Keith Jerrod Barnett on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Barnett, Keith)
February 2, 2015 Filing 385 Amended NOTICE to Take Deposition of Brian Doran filed by Gazebo Park Apartments of Acworth, LLC (Hines, Richard)
January 27, 2015 Filing 384 Notice for Leave of Absence for the following date(s): 04/06/15,04/07/15,04/08/15,04/09/15,04/10/15,05/04/15,05/05/15,05/06/15,05/07/15, 05/08/15,05/11/15,05/12/15,05/13/15,05/14/15,05/15/15,05/18/15,05/19/15,05/20/15,05/21/15, 05/22/15, by Stanley Earle Kreimer, Jr. (Kreimer, Stanley)
January 26, 2015 Filing 383 NOTICE by Marilyn Murphy and Certificate of Service of Subpoena for Preservation Deposition of Patrick J. Poff (Winterich, Shawn)
January 26, 2015 Filing 382 NOTICE by Marilyn Murphy and Certificate of Service of Subpoena for Preservation Deposition of Amy L. Drushal (Winterich, Shawn)
January 26, 2015 Filing 381 NOTICE by Marilyn Murphy and Certificate of Service of Subpoena for Preservation Deposition of Brian Doran (Winterich, Shawn)
January 7, 2015 Filing 380 Notice for Leave of Absence for the following date(s): 2/25/15 - 3/4/15, by Walter Henry Bundy, Jr. (Bundy, Walter)
January 6, 2015 Filing 379 NOTICE to Take Deposition of Brian Doran filed by M. Vincent Murphy, III (Kreimer, Stanley)
January 6, 2015 Filing 378 NOTICE to Take Deposition of Brian Doran filed by Gazebo Park Apartments of Acworth, LLC (Hines, Richard)
December 22, 2014 Filing 377 NOTICE to Take Deposition of Brian Doran filed by Marilyn Murphy (Winterich, Shawn)
December 22, 2014 Filing 376 NOTICE to Take Deposition of Amy L. Drushal filed by Marilyn Murphy (Winterich, Shawn)
December 22, 2014 Filing 375 NOTICE to Take Deposition of Patrick J. Poff filed by Marilyn Murphy (Winterich, Shawn)
December 19, 2014 Submission of #362 First MOTION in Limine, #363 MOTION in Limine Testimony from Stan Kreimer, #364 MOTION in Limine Testimony of Kurt Kegel, submitted to District Judge Richard W. Story. (cem)
December 18, 2014 Filing 374 REPLY BRIEF re #363 MOTION in Limine Testimony from Stan Kreimer filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
December 18, 2014 Filing 373 REPLY BRIEF re #362 First MOTION in Limine filed by Marilyn Murphy. (Attachments: #1 Exhibit Order of 7/18/12, #2 Exhibit Correspondence of 6/7/13)(Winterich, Shawn)
December 16, 2014 Filing 372 NOTICE by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company) of Certification of Client Consent to Substitute Attorneys (Hines, Richard)
December 12, 2014 Filing 371 REPLY BRIEF re #364 MOTION in Limine Testimony of Kurt Kegel filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
December 4, 2014 Filing 370 RESPONSE in Opposition re #364 MOTION in Limine Testimony of Kurt Kegel filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Vince Murphy Deposition Exhibit t 12.29.08, #2 Exhibit Ex B Notice letters, #3 Exhibit C Vince Murphy Deposition Excerpts 12.29.08, #4 Exhibit D Vince Murphy Deposition Excerpts 12.29.08, #5 Exhibit E Alliant Rule 1006 Transaction Summary Spreadsheet, #6 Exhibit F Pltffs 5th Am Resp to V. Murphy 1st Int 4.11.13, #7 Exhibit G Pltff 4th RFP to V. Murphy 4.17.13, #8 Exhibit H V. Murphy Resp to Pltff 4th RFP 5.20.13, #9 Exhibit I V Murphy Resp to Pltff RFP 10.2.11, #10 Exhibit J Vince Murphy Deposition Excerpts 8.2.12, #11 Exhibit K Vince Murphy Deposition Excerpts 6.5.13, #12 Exhibit L Vince Murphy Deposition Excerpts 12.29.08)(Bundy, Walter)
December 3, 2014 Filing 369 RESPONSE in Opposition re #362 First MOTION in Limine filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Alliant Rule 1006 Transaction Summary Spreadsheet, #2 Exhibit B Pltffs 5th Am Resp to V. Murphy 1st Int 4.11.13, #3 Exhibit C Pltff 4th RFP to V. Murphy 4.17.13, #4 Exhibit D V. Murphy Resp t Pltff 4th RFP 5.20.13, #5 Exhibit E Hurst Report and CV 6.12.13, #6 Exhibit F Pltffs Supp Resp to RFP of all Def 6.14.13, #7 Exhibit G Notice of Deposition of McMaster 5.14.14, #8 Exhibit H Transcript of Deposition of Robert McMaster 6.22.13, #9 Exhibit I Transcript of Deposition of Kurt Kegel 6.26.13, #10 Exhibit J Vince Murphy Deposition Excerpts 8.2.12, #11 Exhibit K Vince Murphy Deposition Excerpts 6.5.13, #12 Exhibit L Vince Murphy Deposition Excerpts 12.29.08)(Bundy, Walter)
December 3, 2014 Filing 368 E-FILED IN ERROR - RESPONSE in Opposition re #364 MOTION in Limine Testimony of Kurt Kegel filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Vince Murphy Deposition Exhibit t 12.29.08, #2 Exhibit B Notice letters, #3 Exhibit C Vince Murphy Deposition Excerpts 12.29.08, #4 Exhibit D Vince Murphy Deposition Excerpts 12.29.08, #5 Exhibit E 4629 Alliant Rule 1006 Transaction Summary Spreadsheet, #6 Exhibit F Pltffs 5th Am Resp to V. Murphy 1st Int 4.11.13, #7 Exhibit G Pltff 4th RFP to V. Murphy 4.17.13, #8 Exhibit H V. Murphy Resp to Pltff 4th RFP 5.20.13, #9 Exhibit I V Murphy Resp to Pltff RFP 10.2.11, #10 Exhibit J Vince Murphy Deposition Excerpts 8.2.12, #11 Exhibit K Vince Murphy Deposition Excerpts 6.5.13, #12 Exhibit L Vince Murphy Deposition Excerpts 12.29.08)(Bundy, Walter) Modified on 12/4/2014: Filing contains the same PDFs as entry no. #367 . Attorney instructed to re-efile with correct pdfs. (cem)
December 3, 2014 Filing 367 RESPONSE in Opposition re #363 MOTION in Limine Testimony from Stan Kreimer filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Vince Murphy Deposition Exhibit 12.29.08, #2 Exhibit B Notice letters, #3 Exhibit C Vince Murphy Deposition Excerpts 12.29.08, #4 Exhibit D Vince Murphy Deposition Excerpts 12.29.08, #5 Exhibit E Alliant Rule 1006 Transaction Summary Spreadsheet, #6 Exhibit F Stanley Kreimer Deposition Excerpts 6.5.13, #7 Exhibit G Quit Claim Deed 3.28.07, #8 Exhibit H Closing Statement, #9 Exhibit I Financial Transaction, #10 Exhibit J Financial Transaction, #11 Exhibit K Financial Transaction, #12 Exhibit L Account Statement-1374 4.24.09, #13 Exhibit M Financial Transaction, #14 Exhibit N Stanley Kreimer Deposition Excerpts 6.5.13, #15 Exhibit O Financial Transaction, #16 Exhibit P Financial Transaction, #17 Exhibit Q Hunter to Kreimer letter 10.8.07, #18 Exhibit Ex R Marilyn Murphy Deposition Excerpts 1.29.13)(Bundy, Walter)
November 25, 2014 Submission of #356 MOTION to Set Aside Order/Judgment, submitted to District Judge Richard W. Story. (cem)
November 21, 2014 Filing 366 REPLY BRIEF re #356 MOTION to Set Aside Order/Judgment filed by Marilyn Murphy. (Winterich, Shawn)
November 17, 2014 Filing 365 Proposed Pretrial Order by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Qualifying Questions, #2 Exhibit B Voir Dire, #3 Exhibit C Plaintiff Case Outline, #4 Exhibit D Defendants Case Outlines, #5 Exhibit F Plaintiff Witnesses, #6 Exhibit G Defendants Witnesses, #7 Exhibit H Brief, #8 Exhibit I Verdict form, #9 Exhibit J Objection to voir Dire, #10 Exhibit K Objection to Voir Dire, #11 Exhibit L Objection to Voir Dire, #12 Exhibit M Designation, #13 Exhibit N Designations, #14 Exhibit O Designations, #15 Exhibit P Legal Issues, #16 Exhibit Q Legal Issues, #17 Exhibit R Legal Issues)(Bundy, Walter)
November 17, 2014 Filing 364 MOTION in Limine Testimony of Kurt Kegel with Brief In Support by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support)(Kreimer, Stanley)
November 17, 2014 Filing 363 MOTION in Limine Testimony from Stan Kreimer with Brief In Support by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support)(Kreimer, Stanley)
November 17, 2014 Filing 362 First MOTION in Limine with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief)(Winterich, Shawn)
November 17, 2014 Submission of Scheduling Order: Proposed Pretrial Order due by 11/14/2014, submitted to District Judge Richard W. Story. (cem)
November 15, 2014 Filing 361 Notice for Leave of Absence for the following date(s): 1/22, 1/23, 2/19, 2/20, 3/23, 3/24, 3/25, 3/26., 3/27, 6/8, 6/9, 6/10, 6/11, 6/12, 6/15, 6/29, 6/30, 7/1, 7/2, 7/3, 9/21, 9/22, 9/23, 9/24, 9/25, 10/26, 10/27, 10/28, 10/29, 11/23, 11/24, 11/25, 11/26, 11/27, 12/21, 12/22, 12/23, 12/24, 12/28, 12/29, 12/30, 12/31/15, 1/4, 1/5/16, by Shawn Michael Winterich. (Winterich, Shawn)
November 7, 2014 Filing 360 Request for Leave of Absence for the following date(s): 01/22/2015 - 02/03/2015; 02/12/2015 - 02/13/2015; 02/26/2015 - 02/27/2015, by Richard Kennon Hines, V. (Hines, Richard)
November 7, 2014 Filing 359 NOTICE of Appearance by Richard Kennon Hines, V on behalf of Gazebo Park Apartments of Acworth, LLC (Hines, Richard)
November 5, 2014 Filing 358 RESPONSE in Opposition re #356 MOTION to Set Aside Order/Judgment filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit Alliant v Murphy Financial Transaction Summary, #2 Exhibit 6th Court of Appeals Opinion, #3 Exhibit USDC KY Amended Judgment, #4 Exhibit Financial Transactions, #5 Exhibit Assignment of Invester Interest)(Bundy, Walter)
November 5, 2014 Filing 357 NOTICE setting Trial: Jury Trial set for 12/8/2014 at 09:30 AM in ATLA Courtroom 2105 before Judge Richard W. Story. (rag)
October 22, 2014 Filing 356 MOTION to Set Aside Order/Judgment with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief in Support, #2 Exhibit A (KY lit complaint), #3 Exhibit B (Ky disc. stmt.), #4 Exhibit C (Ky lit amended complaint), #5 Exhibit D (Ky lit civil cover sheet), #6 Exhibit E (Ky lit disclosure stmt.), #7 Exhibit F (Ky lit Motion to Correct), #8 Exhibit G (Ky lit order grtg correction), #9 Exhibit H Reg of Ky jud in Georgia, #10 Exhibit I Plaintiffs' partial responses to Movants Interrogatories, #11 Exhibit J Aff excerpt of Vince Murphy 7/25/13, #12 Exhibit K Aff of Marilyn of 1/4/12, #13 Exhibit L UPS company HQ info, #14 Exhibit M Great Plains public filings, #15 Exhibit N 30b6 redacted depo of Plaintiffs 9/3/13, #16 Exhibit O 30b6 redacted depo of Plainitffs 9/17/13, #17 Exhibit P proof of affiliation of GP and UPS, #18 Exhibit Q proof of affiliation of GP and UPS, #19 Exhibit R 31-A, Ltd FL partnership filings, #20 Exhibit S 31-A redacted LP agrmnt, #21 Exhibit T UPS Georgia corp info)(Winterich, Shawn)
October 9, 2014 Filing 355 Notice for Leave of Absence for the following date(s): 12/15, 16, 17, 18, 19, 2014, by Walter Henry Bundy, Jr. (Bundy, Walter)
October 9, 2014 Filing 354 Notice for Leave of Absence for the following date(s): 11/24/14,11/25/14,11/26/14,11/27/14,11/28/14,12/01/14,12/02/14,12/22/14,12/23/14, 12/24/14,12/25/14,12/26/14,12/29/14,12/30/14,12/31/14,01/01/15,01/02/15, by Stanley Earle Kreimer, Jr. (Kreimer, Stanley)
October 7, 2014 Opinion or Order SCHEDULING ORDER: Proposed Pretrial Order due by 11/14/2014. Verbal Order by Judge Richard W. Story on 10/7/2014. (rag)
September 16, 2014 Filing 353 Notice for Leave of Absence for the following date(s): 12/8/13 through 12/12/14, by Walter Henry Bundy, Jr. (Bundy, Walter)
September 3, 2014 Opinion or Order SCHEDULING ORDER: Proposed Pretrial Order due by 10/14/2014.Verbal Order by Judge Richard W. Story on 9/3/2014. (rag)
August 12, 2014 Opinion or Order Filing 352 ORDER: Marilyn Murphy's #295 Motion for Partial Summary Judgment is GRANTED in part and DENIED in part; Plaintiffs' #297 Motion for Partial Summary Judgment is DENIED; and Community Management Services, Inc., Multifamily Housing Developers, LLC, and Vince Murphy's #296 , #339 Second Motion for Summary Judgment is DENIED. The Parties are ORDERED to file a proposed consolidated pretrial order within 30 days of the entry of this Order. Counsel are reminded of the Court's admonition in the October 25, 2013 Order #300 to attempt in good faith to reach a stipulation as to the authenticity of all bank records and other relevant documents that may be tendered at the trial of the case. Counsel should also explore other stipulations that may facilitate the efficient trial of the case as the Court will impose time limits on the presentation of evidence at trial. Signed by Judge Richard W. Story on 8/11/2014. (cem)
August 12, 2014 Opinion or Order Filing 351 ORDER denying Marilyn Murphy's #320 Motion for Order Certifying Questions of Law to the Supreme Court of the State of Georgia. Signed by Judge Richard W. Story on 8/11/2014. (cem)
August 12, 2014 Opinion or Order Filing 350 ORDER denying Plaintiffs' #340 Motion for Reconsideration and Gazebo Park Apartments of Acworth, LLC's #341 Motion for Reconsideration is DENIED. Signed by Judge Richard W. Story on 8/11/2014. (cem)
August 12, 2014 Clerks Certificate of Mailing as to Michael Brent McDonald re #350 , #351 , #352 Orders. (cem)
June 10, 2014 Filing 349 Notice for Leave of Absence for the following date(s): 9/25, 9/26, 9/29, 9/30, 10/1, 10/2, 10/3, 10/6, by Shawn Michael Winterich. (Winterich, Shawn)
June 6, 2014 Filing 348 Notice for Leave of Absence for the following date(s): 11/14/14-11/24/14, by Walter Henry Bundy, Jr. (Bundy, Walter)
May 28, 2014 Submission of #340 MOTION for Reconsideration re #333 Order; and #341 MOTION for Reconsideration re #331 Order, submitted to District Judge Richard W. Story. (cem)
May 22, 2014 Filing 347 REPLY to Response to Motion re #341 MOTION for Reconsideration re #331 Order on Motion to Dismiss, filed by Gazebo Park Apartments of Acworth, LLC. (Attachments: #1 Exhibit A KY complaint, #2 Exhibit B KY cert of interested persons, #3 Exhibit C KY amended complaint, #4 Exhibit D KY judgment, #5 Exhibit E Aff of Vince Murphy, #6 Exhibit F Aff of Marilyn Murphy, #7 Exhibit G UPS company info, #8 Exhibit H NV Great Plains LLC docs, #9 Exhibit I 30b6 depo of Plaintiff 090313, #10 Exhibit J 30b6 depo of Plaintifff 091713, #11 Exhibit K cert of interested persons UPS, #12 Exhibit L cert of interested persons UPS, #13 Exhibit M FL Alliant LP 31-A docs)(Winterich, Shawn)
May 20, 2014 Filing 346 REPLY to Response to Motion re #340 MOTION for Reconsideration re #333 Order on Motion for Discovery, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Seal,,,,,,,, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter)
May 20, 2014 Submission of #339 Amended MOTION for Summary Judgment Number Two, submitted to District Judge Richard W. Story. (cem)
May 8, 2014 Filing 345 RESPONSE in Opposition re #341 MOTION for Reconsideration re #331 Order on Motion to Dismiss, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter)
May 8, 2014 Filing 344 RESPONSE in Opposition re #340 MOTION for Reconsideration re #333 Order on Motion for Discovery, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Seal,,,,,,,, , #274 MOTION for Discovery Motion to Deem Discovery Responses Timely filed by Gazebo Park Apartments of Acworth, LLC. (Winterich, Shawn)
May 6, 2014 Filing 343 RESPONSE re #340 MOTION for Reconsideration re #333 Order on Motion for Discovery, Order on Motion for Extension of Time to Complete Discovery, Order on Motion to Compel, Order on Motion to Seal,,,,,,,, filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
April 29, 2014 Filing 342 Notice for Leave of Absence for the following date(s): 6/27, 6/30, 7/1, 7/2, 7/3, 7/7, 7/8, 7/9, 8/22, 8/25, 8/26, 8/27, 8/28, 8/29, 9/1, 9/2, 9/3, 9/4, 9/5, 9/8, 9/9, 9/10, 9/11, 9/12, 9/17, 9/18, 9/19, 9/22, 9/23, 9/24, 11/21, 11/24, 11/25, 11/26, 11/27, 11/28, 12/1, 12/2, 12/19, 12/22, 12/23, 12/24, 12/26, 12/29, 12/30, 12/31/14, 1/1, 1/2, 1/5, 1/6/15, by Shawn Michael Winterich. (Winterich, Shawn)
April 25, 2014 Filing 341 MOTION for Reconsideration re #331 Order on Motion to Dismiss, with Brief In Support by Gazebo Park Apartments of Acworth, LLC. (Attachments: #1 Brief Memorandum in Support)(Winterich, Shawn)
April 24, 2014 Filing 340 MOTION for Reconsideration of the Court's re #333 Order dated 3/31/2014 with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief in support of Motion for reconsideration of Order [Dkt 333])(Bundy, Walter) Modified on 4/25/2014 to correct docket entry to reflect efiled pleading. (cem)
April 23, 2014 Filing 339 Amended MOTION for Summary Judgment Number Two by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
April 21, 2014 Filing 338 Brief in Support of #296 MOTION for Summary Judgment Number Two with Brief In Support by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support, #2 Statement of Material Facts Statement of Facts)(Kreimer, Stanley) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 4/22/2014 to edit text (ddm).
April 15, 2014 Filing 337 Notice for Leave of Absence for the following date(s): 5/12/14-5/22/14, by Walter Henry Bundy, Jr. (Bundy, Walter)
April 14, 2014 Filing 336 AMENDED STATEMENT of Material Facts based on Order #333 of April 1, 2014, Involving Counts One through Four and Nine and Ten, re #295 MOTION for Partial Summary Judgment filed by Marilyn Murphy (Doc. 333) (Winterich, Shawn) Modified on 4/15/2014 to modify docket entry to reflect efiled pleading. (cem).
April 14, 2014 Opinion or Order Filing 335 ORDER denying Plaintiffs' #240 Motion for Summary Judgment. Signed by Judge Richard W. Story on 4/14/2014. (cem)
April 14, 2014 Clerks Certificate of Mailing as to Michael Brent McDonald re #335 Order on Motion for Summary Judgment. (cem)
April 2, 2014 Filing 334 Notice for Leave of Absence for the following date(s): 06/03/14,06/04/14,06/05/14,06/06/14,06/09/14,06/10/14,06/11/14,06/12/14,06/13/14, 06/16/14,06/17/14,06/18/14,07/07/14,07/08/14,07/09/14,07/10/14,07/11/14,07/14/14,07/15/14, 07/16/14,07/17/14,07/18/14,07/21/14,07/22/14, by Stanley Earle Kreimer, Jr. (Kreimer, Stanley)
April 1, 2014 Clerks Certificate of Mailing as to Michael Brent McDonald re #333 Order. (cem)
March 31, 2014 Opinion or Order Filing 333 ORDER: Plaintiffs' Rule 36(b) Motion to Withdraw Admissions and Substitute Previously Served Responses #274 is DENIED, Plaintiffs' Motion for Extension of Discovery Deadline #277 is DENIED, Defendant Marilyn Murphy's Motion to Compel Jurisdiction-Related Discovery ( #278 as amended by #279 ) is DENIED. Signed by Judge Richard W. Story on 3/31/2014. (cem)
March 31, 2014 Opinion or Order Filing 332 ORDER granting Defendants' #250 Motion for Reconsideration, to the extent it seeks clarification of the Court's prior Order #243 . To clarify, the Court's denial was without prejudice and Defendants are entitled to resubmit their motion for summary judgment at the close of discovery. Signed by Judge Richard W. Story on 3/31/2014. (cem)
March 31, 2014 Clerks Certificate of Mailing as to Michael Brent McDonald re #332 Order. (cem)
March 31, 2014 Clerks Certificate of Mailing as to Alliant Tax Credit 31, Inc. re #331 Order. (cem)
March 28, 2014 Opinion or Order Filing 331 ORDER granting in part and denying in part Defendant Gazebo Park Apartments of Acworth, LLC's #322 Motion to Dismiss. Counts VIII (civil conspiracy), IX(attorneys fees), and X (punitive damages) are DISMISSED against Gazebofor lack of subject matter jurisdiction. Count VII (fraudulent transfer) remains. Signed by Judge Richard W. Story on 3/28/2014. (cem)
March 21, 2014 Opinion or Order Filing 330 CONSENT ORDER granting #329 Consent Motion to Modify Consent Order of July 15, 2011. Signed by Judge Richard W. Story on 3/18/2014. (See Order for full details.) (cem)
March 21, 2014 Clerks Certificate of Mailing as to Michael Brent McDonald re #330 Order. (cem)
March 17, 2014 Filing 329 Consent MOTION for Order Modifying Consent order of July 15, 2011 by Marilyn Murphy. (Attachments: #1 Text of Proposed Order Proposed order)(Winterich, Shawn)
February 12, 2014 Filing 328 Notice for Leave of Absence for the following date(s): 4/2/14-4/15/14, 8/4/14-8/12-14, 9/9/14-9/19/14, by Walter Henry Bundy, Jr. (Bundy, Walter)
January 28, 2014 Submission of #322 MOTION to Dismiss, submitted to District Judge Richard W. Story. (cem)
January 27, 2014 Filing 327 REPLY to Response to Motion re #322 MOTION to Dismiss filed by Gazebo Park Apartments of Acworth, LLC. (Attachments: #1 Exhibit A Doran 30b6 depo cover 5/1/13, #2 Exhibit B Doran 30b6 depo cover 9/1/13, #3 Exhibit C Doran 30b6 depo cover 9/17/13, #4 Exhibit D Fulton original Complaint excerpt, #5 Exhibit E Fulton Amended Complaint, #6 Exhibit F Pro hac order Bundy, #7 Exhibit G Pro hac order McD)(Winterich, Shawn)
January 21, 2014 Submission of #320 MOTION for Order Certifying Questions of Law to the Supreme Court of the State of Georgia, submitted to District Judge Richard W. Story. (cem)
January 20, 2014 Filing 326 REPLY BRIEF in Support re #320 MOTION for Order Certifying Questions of Law to the Supreme Court of the State of Georgia filed by Marilyn Murphy. (Winterich, Shawn) Modified on 1/21/2014: Incorrect event used to efile pleading. Entry modified to reflect efiled pleading. (cem)
January 8, 2014 Filing 325 RESPONSE in Opposition re #322 MOTION to Dismiss filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Judgment Registered in the NDGA 11.12.10, #2 Exhibit B Reyes-Fuentes v. Shannon Produce Farm, Inc., 2012 WL 1557368 (2012 S.D.Ga.), #3 Exhibit C Reyes-Fuentes v. Shannon Produce Farm, Inc., 2012 WL 1557399 (2012 S.D.Ga))(Bundy, Walter)
January 3, 2014 Filing 324 RESPONSE in Opposition re #320 MOTION for Order Certifying Questions of Law to the Supreme Court of the State of Georgia filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Discovery Responses of Marilyn Murphy, #2 Exhibit B Second Affidavit of Marilyn Murphy 2.21.12, #3 Exhibit C Second Amended responses of Marilyn Murphy)(Bundy, Walter)
December 24, 2013 Filing 323 NOTICE Of Filing Exhibits and Affidavit of Elizabeth A. Murphy by Gazebo Park Apartments of Acworth, LLC re #322 MOTION to Dismiss (Attachments: #1 Affidavit of Elizabeth A. Murphy, #2 Exhibit Ex A, Pt 1, Gazebo Agreement, #3 Exhibit Ex A, Pt 2, Gazebo Agreement)(Winterich, Shawn)
December 23, 2013 Filing 322 MOTION to Dismiss with Brief In Support by Gazebo Park Apartments of Acworth, LLC. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I)(Winterich, Shawn)
December 18, 2013 Filing 321 Response to Statement of Material Facts re #297 MOTION for Partial Summary Judgment (Corrected to include missing p. 6) filed by Marilyn Murphy. (Winterich, Shawn)
December 17, 2013 Filing 320 MOTION for Order Certifying Questions of Law to the Supreme Court of the State of Georgia with Brief In Support by Marilyn Murphy. (Winterich, Shawn)
December 16, 2013 Filing 319 Notice for Leave of Absence for the following date(s): 3/5/2014-3/7/2014, 3/12/14-3/14/14, by Walter Henry Bundy, Jr. (Bundy, Walter)
December 11, 2013 Submission of #295 MOTION for Partial Summary Judgment Involving Counts One through Four and Nine and Ten, #296 Second MOTION for Summary Judgment, and #297 MOTION for Partial Summary Judgment, submitted to District Judge Richard W. Story. (cem)
December 5, 2013 Filing 318 DEPOSITION of Kurt A. Kegel taken on June 26, 2013 by Marilyn Murphy.(Winterich, Shawn)
December 5, 2013 Filing 317 REPLY to Response to Motion re #296 Second MOTION for Summary Judgment filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
December 5, 2013 Filing 316 REPLY to Response to Motion re #296 Second MOTION for Summary Judgment filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
December 5, 2013 Filing 315 Response to Statement of Material Facts re #297 MOTION for Partial Summary Judgment ofVincent Murphy's Second Statement of Fact filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter)
December 5, 2013 Filing 314 REPLY to Response to Motion re #297 MOTION for Partial Summary Judgment of M. Vincent Murphy, III filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Exhibit 49 to the Deposition of Vincent Murphy 12.29.08, #2 Exhibit B Deposition of Vincent Murphy 12.29.08, #3 Exhibit C Marilyn Murphys 2nd Amended Response to the Pltffs 1st INT, #4 Exhibit D Vincent Murphys Response to Plaintiffs Discovery Notice, #5 Exhibit E Deposition of Vincent Murphy 6.5.13, #6 Exhibit F Deposition of Vincent Murphy 6.5.13, #7 Exhibit G Deposition of Vincent Murphy 8.2.12)(Bundy, Walter)
December 5, 2013 Filing 313 REPLY to Response to Motion re #297 MOTION for Partial Summary Judgment of Marilyn Murphy filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Marilyn Murphys 2nd Amended Responses to Pltffs 1st Interrogatories, #2 Exhibit B Vincent Murphy Response to Alliant Discovery Notice, #3 Exhibit C Deposition of Vincent Murphy. 6.5.13)(Bundy, Walter)
November 18, 2013 Filing 312 Response to Statement of Material Facts re #295 MOTION for Partial Summary Judgment Involving Counts One through Four and Nine and Ten, Local Rule 56.1(B)(2)(b) Statement filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter)
November 18, 2013 Filing 311 Response to Statement of Material Facts re #295 MOTION for Partial Summary Judgment Involving Counts One through Four and Nine and Ten, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 Final Judgment and Decree of Divorce, #2 Exhibit 2 Deposition of Marilyn Murphy 6.25.12, #3 Exhibit 3 Deposition of Marilyn Murphy 6.25.12, #4 Exhibit 4 Deposition of Marilyn Murphy 6.25.12, #5 Exhibit 5 Deposition of Vince Murphy 6.5.13, #6 Exhibit 6 Deposition of Gary Alexander 5.13.13, #7 Exhibit 7 Deposition of Marilyn Murphy 1.29.13, #8 Exhibit 8 Deposition of Kurt Kegel 5.26.13)(Bundy, Walter)
November 18, 2013 Filing 310 RESPONSE in Opposition re #295 MOTION for Partial Summary Judgment Involving Counts One through Four and Nine and Ten, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 Deposition of Marilyn Murphy 1.29.13 pp 220-221)(Bundy, Walter)
November 18, 2013 Filing 309 Response to Statement of Material Facts re #296 Second MOTION for Summary Judgment Local Rule 56.1(B)(2)(b) Statement filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter)
November 18, 2013 Filing 308 Response to Statement of Material Facts re #296 Second MOTION for Summary Judgment filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 Deposition of Vince Murphy. 8.2.12, #2 Exhibit 2 Deposition of Vince Murphy. 12.29.08, #3 Exhibit 3 Marilyn Murphy BB&T & BOA Bank, #4 Exhibit 4 Marilyn Murphy BB&T& Regions Bank, #5 Exhibit 5 Deposition of Gary Alexander, #6 Exhibit 6 Deposition of Vince Murphy 6.5.13, #7 Exhibit 7 Deposition of Marilyn Murphy 1.29.13, #8 Exhibit 8 Deposition of Marilyn Murphy 6.25.12, #9 Exhibit 8 Deposition of Marilyn Murphy 6.25.12, #10 Exhibit 10 Secured Promissory Note, #11 Exhibit 11 Banking Documents, #12 Exhibit 12 Deposition of Marilyn Murphy 6.25.12, #13 Exhibit 13 Deposition of Marilyn Murphy 6.25.12, #14 Exhibit 14 Deposition of Marilyn Murphy 6.25.12, #15 Exhibit 15 Deposition of Marilyn Murphy 6.25.1, #16 Exhibit 16 Deposition of Marilyn Murphy 6.25.12, #17 Exhibit 17 Deposition of M. Vincent Murphy. 12.29.0, #18 Exhibit 18 Deposition of Marilyn Murphy 1.29.13, #19 Exhibit 19 Deposition of Marilyn Murphy 1.29.13, #20 Exhibit 20 Sailboat Sale documents, #21 Exhibit 21 Deposition of Marilyn Murphy 6.25.12, #22 Exhibit 22 Deposition of Marilyn Murphy 1.29.13, #23 Exhibit 23 Banking documents., #24 Exhibit 24 Deposition of Marilyn Murphy, #25 Exhibit 25 Deposition of M. Vincent Murphy 6.5.13)(Bundy, Walter)
November 18, 2013 Filing 307 RESPONSE in Opposition re #297 MOTION for Partial Summary Judgment of Plaintiffs filed by Marilyn Murphy. (Attachments: #1 Statement of Material Facts Responses)(Winterich, Shawn)
November 18, 2013 Filing 306 Statement of Material Facts re #297 MOTION for Partial Summary Judgment filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
November 18, 2013 Filing 305 Response to Statement of Material Facts re #297 MOTION for Partial Summary Judgment filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
November 18, 2013 Filing 304 RESPONSE in Opposition re #297 MOTION for Partial Summary Judgment filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
November 18, 2013 Filing 303 RESPONSE in Opposition re #296 Second MOTION for Summary Judgment filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1 Final Judgment and Decree of Divorce 1.9.08, #2 Exhibit 2 Affidavit of Emily Bair p 3, #3 Exhibit 3 Deposition of Emily Bair 6.5.13 p 58 pp72-73, #4 Exhibit 4 Kurt Kegel Report 10.8.12, #5 Exhibit 5 Deposition of Marilyn Murphy 1.29.13 p 14, #6 Exhibit 6 Deposition of M Vincent Murphy 6.5.13 p 156, #7 Exhibit 7 Deposition of M Vincent Murphy 8.2.12 pp 126-128, #8 Exhibit 8 Deposition of Marilyn Murphy 1.29.13, #9 Exhibit 9 Deposition of Marilyn Murphy 1.29.13 pp 71-7, #10 Exhibit 10 Am Resp of Marilyn Murphy to Discovery, #11 Exhibit 11 SunTrust 34 and 41, #12 Exhibit 12 Deposition of Marilyn Murphy 1.29.13 p 48, #13 Exhibit 13 Deposition of Marilyn Murphy 1.29.13 p 53, #14 Exhibit 14 Order of Fulton County State Court 10.15.1)(Bundy, Walter)
November 18, 2013 Filing 302 NOTICE by Marilyn Murphy re #297 MOTION for Partial Summary Judgment of Filing Opposing Exhibits (Attachments: #1 Exhibit Exhibit W Market report of KO stock 01/09/08)(Winterich, Shawn)
November 6, 2013 Filing 301 CERTIFICATE OF SERVICE of Second Amended Responses to Plaintiffs' Discovery Requests of 8/20/13 by Marilyn Murphy.(Winterich, Shawn)
October 29, 2013 Submission of #274 MOTION to Deem Discovery Responses Timely, or in the alternative, for Withdrawal of Admisssions and Substitute Previously Served Responses; #277 MOTION for Extension of Time to Complete Discovery; and #278 Second MOTION to Compel Jurisdiction-Related Discovery Responses from Plaintiffs; Motion for Leave for File Supporting Material Under Seal, or in the Alternative, Not Under Seal, submitted to District Judge Richard W. Story. (cem)
October 25, 2013 Opinion or Order Filing 300 ORDER: On October 24, 2013, the Court conducted a phone conference with counsel for Plaintiff and Defendant Marilyn Murphy. As a result of the conference, the Court enters the following Order. Defendant Marilyn Murphy is ORDERED to supplement her Responses to Plaintiff's Request to Admit Nos. 5, 15, 16, 17, and 20 within fourteen (14) days of the entry of this Order. Defendant Marilyn Murphy shall also provide full account information for her accounts at Five County Credit Union and Key Bank. Plaintiff is authorized to issue subpoenas for records at those institutions. It is also ORDERED that Defendants Marilyn Murphy's Responses to Plaintiff's Statement of Material Facts associated with Plaintiff's Motion for Summary Judgment may be treated as admissions by Defendant Marilyn Murphy at the trial of the case. Counsel were also cautioned that prior to trial, counsel will be expected to attempt in good faith to reach a stipulation as to the authenticity of all bank records and other relevant documents that may be tendered at the trial of the case. Signed by Judge Richard W. Story on 10/25/2013. (cem)
October 25, 2013 Clerks Certificate of Mailing as to Alliant Tax Credit 31, Inc. re #300 Order. (cem)
October 24, 2013 Filing 299 Minute Entry for proceedings held before Judge Richard W. Story: Telephone Conference held on 10/24/2013. Court held a telephonic conference re: Discovery. Order to follow. (Court Reporter Sharon Upchurch) (cem)
October 23, 2013 Filing 298 NOTICE Of Filing by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Attachments: #1 Exhibit Deposition of M. Vincent Murphy III, 8.2.12, #2 Exhibit Deposition of M. Vincent Murphy, III 6.5.13, #3 Exhibit Deposition of Marilyn Murphy 1.29.13, #4 Exhibit Deposition of Marilyn Murphy 6.25.12)(Bundy, Walter)
October 23, 2013 Filing 297 MOTION for Partial Summary Judgment with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief in Support of Alternative Motion for Partial Summary Judgment, #2 Statement of Material Facts Exhibit A, #3 Exhibit B-Excerpts from Deposition of M. Vincent Murphy 8.2.12, #4 Exhibit C-Excerpts from Deposition of Marilyn Murphy 6.5.12, #5 Exhibit D-Marilyn Murphy Responses to Pltffs 2nd Interrogatories, #6 Exhibit E-Excerpts from Deposition of M. Vincent Murphy 6.5.13, #7 Exhibit F-Excerpts from Deposition of Marilyn Murphy 1.29.13, #8 Exhibit G-Excerpts from Deposition of Marilyn Murphy 1.29.13, #9 Exhibit H-Excerpts from Deposition of Marilyn Murphy 1.29.13, #10 Exhibit I-Excerpts from Deposition of Marilyn Murphy 1.29.13)(Bundy, Walter) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
October 23, 2013 Filing 296 Second MOTION for Summary Judgment with Brief In Support by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support, #2 Statement of Material Facts Statement of Facts)(Kreimer, Stanley) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
October 23, 2013 Filing 295 MOTION for Partial Summary Judgment Involving Counts One through Four and Nine and Ten, with Brief In Support by Marilyn Murphy. (Attachments: #1 Statement of Material Facts, #2 Brief)(Winterich, Shawn) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
October 23, 2013 Filing 294 DEPOSITION of Emily S. Bair taken on June 5, 2013 by Marilyn Murphy.(Winterich, Shawn)
October 23, 2013 Filing 293 NOTICE Of Filing Supporting Exhibits and Deposition Transcript in Support of Motion for Partial Summary Judgment of Marilyn Murphy by Marilyn Murphy (Attachments: #1 Exhibit R Depo excerpt of Vince 8/26/10, #2 Exhibit S Depo excerpt of Emily S. Bair of 6/5/13, #3 Exhibit T Affidavit of John P Wilson III of 10/17/13, #4 Exhibit U Affidavit of Shawn M. Winterich of 10/17/13, #5 Exhibit V Depo excerpt of M. Murphy of 1/29/13)(Winterich, Shawn)
October 22, 2013 Filing 292 CERTIFICATE OF SERVICE Supplemental Response to Requests for Production of all Defendants by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Bundy, Walter)
October 18, 2013 Clerks Certificate of Mailing as to Michael Brent McDonald re #291 Order. (cem)
October 17, 2013 Opinion or Order Filing 291 ORDER granting Plaintiffs' #262 Motion to Drop Plaintiff Alliant Tax Credit Fund 31-A, Ltd. from this action. Plaintiff Alliant Tax Credit Fund 31-A, Ltd. is DROPPED as a party to this action. Signed by Judge Richard W. Story on 10/17/2013. (cem)
October 16, 2013 Filing 290 Notice for Leave of Absence for the following date(s): 11/25/13,11/26/13,11/27/13,11/28/13,11/29/13,12/23/13,12/24/13,12/25/13,12/26/13, 12/27/13,12/30/13,12/31/13,01/01/14,01/02/14,01/03/14,01/06/2014,04/07/14,04/08/14, 04/09/14,04/10/14,04/11/14, by Stanley Earle Kreimer, Jr. (Kreimer, Stanley) Modified on 10/17/2013 to add the 1/6/2014 date into entry. (cem)
October 16, 2013 Submission of #279 Amended MOTION to Compel Discovery from Plaintiffs Pertaining to Jurisdiction,Amended MOTION to Seal, or In the Alternative, Not File Under Seal, submitted to District Judge Richard W. Story. (cem)
October 14, 2013 Filing 289 REPLY to re #281 Response of Defendant M. Vincent Murphy to NOTICE of Murphy Failure to Comply with Order #243 filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A -Declaration of M. Brent McDonald)(Bundy, Walter) Modified on 10/15/2013 to correct docket entry to reflect efiled pleading. (cem)
October 10, 2013 Filing 288 RESPONSE re #278 Second MOTION to Compel Jurisdiction-Related Discovery Responses from Plaintiffs, MOTION for Leave to File Supporting Material Under Seal, or in the Alternative, Not Under Seal, filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit Declaration of W.H. Bundy, #2 Exhibit Amended Judgment)(Bundy, Walter)
October 10, 2013 Filing 287 RESPONSE re #277 MOTION for Extension of Time to Complete Discovery filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
October 8, 2013 Submission of #262 MOTION to Drop a party pursuant to Rule 21, submitted to District Judge Richard W. Story. (cem)
October 7, 2013 Filing 286 RESPONSE re #274 MOTION for Discovery Motion to Deem Discovery Responses Timely filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
October 7, 2013 Filing 285 REPLY to Response to Motion re #262 MOTION Motion to Drop a party pursuant to Rule 21 of Vincent Murphy, Community Management Services and Multifamily Housing Developers filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter)
October 7, 2013 Filing 284 REPLY to Response to Motion re #262 MOTION Motion to Drop a party pursuant to Rule 21 of Marilyn Murphy and Gazebo Park filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter)
October 4, 2013 Filing 283 CERTIFICATE OF SERVICE of Amended Responses to Plaintiffs' Discovery Requests of 8/20/13 by Marilyn Murphy.(Winterich, Shawn)
October 1, 2013 Filing 282 Notice for Leave of Absence for the following date(s): 10/16/2013-10/22/2013, by John P. Hutchins. (Hutchins, John)
September 26, 2013 Filing 281 RESPONSE re #269 Notice (Other),, filed by M. Vincent Murphy, III. (Kreimer, Stanley)
September 24, 2013 Filing 280 NOTICE Of Filing Motion for Leave to File Supporting Material Under Seal, or in the Alternative, Not Under Seal by Marilyn Murphy re #278 Second MOTION to Compel Jurisdiction-Related Discovery Responses from Plaintiffs; Motion for Leave for File Supporting Material Under Seal, or in the Alternative, Not Under Seal MOTION to Seal, #279 Amended MOTION to Compel Discovery from Plaintiffs Pertaining to JurisdictionAmended MOTION to Seal , or In the Alternative, Not File Under Seal (Winterich, Shawn)
September 24, 2013 Filing 279 Amended MOTION to Compel Discovery from Plaintiffs Pertaining to Jurisdiction, Amended MOTION to Seal , or In the Alternative, Not File Under Seal by Marilyn Murphy. (Winterich, Shawn)
September 24, 2013 Submission of #250 MOTION for Reconsideration, submitted to District Judge Richard W. Story. (cem)
September 23, 2013 Filing 278 Second MOTION to Compel Jurisdiction-Related Discovery Responses from Plaintiffs; MOTION for Leave for File Supporting Material Under Seal, or in the Alternative, Not Under Seal with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief, #2 Exhibit A - Subpoena and depo notice, #3 Exhibit B - Amended deposition notice for 9/17/13, #4 Exhibit C - Organization charts (redacted), #5 Exhibit D - Plaitifffs' Certificate of Interested Parties)(Winterich, Shawn) . Added MOTION to Seal on 9/24/2013 (cem).
September 23, 2013 Filing 277 MOTION for Extension of Time to Complete Discovery with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A Deposition Transcript of Vincent Murphy 6.5.13 p 47, #2 Exhibit B Deposition Transcript of Vincent Murphy 6.5.13 p 167, #3 Exhibit C Financial Transactions (1), #4 Exhibit D Financial Transactions (2), #5 Exhibit E Deposition Transcript of Vincent Murphy 6.5.13 pp 138-142, #6 Exhibit F Marilyn Murphy Responses to Alliant Discovery Requests 9.23.13, #7 Exhibit G Chart of Attempted Service on Talalai.)(Bundy, Walter)
September 23, 2013 Filing 276 Notice for Leave of Absence for the following date(s): 10/22/13- 10/29/13, 11/18/13- 11/22/13, 12/11/13-12/16/13, 3/31/14- 4/7/14, by Walter Henry Bundy, Jr. (Bundy, Walter)
September 20, 2013 Filing 275 RESPONSE in Opposition re #262 MOTION Motion to Drop a party pursuant to Rule 21 filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
September 20, 2013 Filing 274 MOTION to Deem Discovery Responses Timely, or in the alternative, for Withdrawal of Admissions and Substitute Previously Served Responses with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit Murphy 2nd set of Discovery Requests, #2 Exhibit Declaration of David Darden, #3 Exhibit Declaration of Justin Arpey, #4 Exhibit Alliant Response to Murphy 2nd Discovery Request)(Bundy, Walter) Modified on 9/23/2013 to correct docket entry to reflect efiled pleading. (cem)
September 19, 2013 Filing 273 CERTIFICATE OF SERVICE Plaintiffs Responses to Defendant M. Vincent Murphy IIIs Third Set of Discovery Requests to Plaintiffs by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Bundy, Walter)
September 19, 2013 Filing 272 CERTIFICATE OF SERVICE re #245 Certificate of Service, of Responses to Requests for Admissions, Requests for Production and Interrogatories of Plaintiffs by Marilyn Murphy.(Winterich, Shawn)
September 18, 2013 Filing 271 RESPONSE in Opposition re #262 MOTION to Drop a party pursuant to Rule 21 filed by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Exhibit A - Ky lit Amended Judgment 8/31/10, #2 Exhibit B Ky lit MSJ, #3 Exhibit C Ky lit MSJ memorandum, #4 Exhibit D Ky lit MSJ bench memo)(Winterich, Shawn)
September 17, 2013 Submission of #240 MOTION for Summary Judgment, submitted to District Judge Richard W. Story. (cem)
September 16, 2013 Filing 270 CERTIFICATE OF SERVICE of Subpoena and Notice of Deposition of U.S. Bank, N.A. by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy.(Winterich, Shawn)
September 11, 2013 Filing 269 NOTICE by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. re #243 Order on Motion for Leave to File, Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,, M. Vincent Murphy's Failure to Comply with Court Order [Dkt 243] (Bundy, Walter)
September 9, 2013 Filing 268 RESPONSE of Plaintiffs to the #254 Statement of Additional Facts which are material and present a genuine issue for trial of Defendants M. Vincent Murphy, III, Multifamily Housing Developers, LLC and Community Management Services, Inc. filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Bundy, Walter) Modified on 9/10/2013 to correct docket entry to reflect filed pleading. (cem)
September 9, 2013 Filing 267 RESPONSE of Plaintiffs' to the #256 Statement of Material Facts as to which there remain genuine issues filed by Defendants Marilyn Murphy and Gazebo Park Apartments of Acworth, LLC filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Bundy, Walter) Modified on 9/10/2013 to correct docket entry to reflect efiled pleading. (cem)
September 9, 2013 Filing 266 REPLY to the Defendants M.Vincent Murphy, III, Multifamily Housing Developers, LLC and Community Management Services, Inc.'s re #254 Response to #240 Motion for Summary Judgment filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter) Modified on 9/10/2013 to correct docket entry to reflect efiled pleading. (cem)
September 9, 2013 Filing 265 REPLY to the Defendants Marilyn Murphy and Gazebo Park Apartments of Acworth, LLC's re #256 Response to #240 Motion for Summary Judgment filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter) Modified on 9/10/2013 to correct docket entry to reflect efiled pleading. (cem)
September 4, 2013 Clerks Certificate of Mailing as to Michael Brent McDonald re #264 Consent Protective Order. (cem)
September 3, 2013 Opinion or Order Filing 264 CONSENT PROTECTIVE ORDER of Confidentiality Based Upon the Stipulations of the Parties granting #261 Motion for Protective Order. Signed by Judge Richard W. Story on 9/3/2013. (cem)
September 3, 2013 Filing 263 RESPONSE re #250 MOTION for Reconsideration filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Bundy, Walter)
September 3, 2013 Filing 262 MOTION to Drop a party pursuant to Rule 21 by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit Amended Judgment)(Bundy, Walter)
August 30, 2013 Filing 261 MOTION for Protective Order by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Bundy, Walter)
August 30, 2013 Filing 260 NOTICE of Change of Address for Shawn Michael Winterich, counsel for Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy (Winterich, Shawn)
August 28, 2013 Filing 259 CERTIFICATE OF SERVICE by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Bundy, Walter)
August 27, 2013 Filing 258 CERTIFICATE OF SERVICE of Subpoenas and Notices of Deposition of Plaintiffs under FRCP 30(b)(6) by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company), Marilyn Murphy.(Winterich, Shawn)
August 25, 2013 Filing 257 NOTICE Of Filing Opposing Exhibits by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy re #256 Reply Brief to Plaintiffs' Motion for Summary Judgment (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E, #4 Exhibit I, #5 Exhibit K, #6 Exhibit P, #7 Exhibit Q)(Winterich, Shawn)
August 23, 2013 Filing 256 OPPOSITION to Plaintiffs' re #240 MOTION for Summary Judgment filed by Gazebo Park Apartments of Acworth, LLC, Marilyn Murphy. (Attachments: #1 Statement of Material Facts)(Winterich, Shawn) Modified on 8/26/2013 to correct docket entry to reflect efiled pleading. (cem)
August 23, 2013 Filing 255 Response to Statement of Material Facts re #240 MOTION for Summary Judgment filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
August 23, 2013 Filing 254 RESPONSE re #240 MOTION for Summary Judgment filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Statement of Material Facts Statement of Facts)(Kreimer, Stanley)
August 23, 2013 Filing 253 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
August 23, 2013 Filing 252 DEPOSITION of Marilyn Murphy taken on January 29, 2013 by Marilyn Murphy.(Winterich, Shawn)
August 21, 2013 Filing 251 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
August 21, 2013 Filing 250 MOTION for Reconsideration with Brief In Support by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support)(Kreimer, Stanley)
August 20, 2013 Filing 249 Joint ANSWER to #244 Amended Complaint by Marilyn Murphy and Gazebo Park Apartments of Acworth, LLC .(Winterich, Shawn) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 8/21/2013 to add party Gazebo Park Apartments of Acworth, LLC and to delete duplicate text. (cem)
August 20, 2013 Filing 248 ANSWER to #244 Amended Complaint by Multifamily Housing Developers, L.L.C..(Kreimer, Stanley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 20, 2013 Filing 247 ANSWER to #244 Amended Complaint by Community Management Services, Inc..(Kreimer, Stanley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 20, 2013 Filing 246 ANSWER to #244 Amended Complaint by M. Vincent Murphy, III.(Kreimer, Stanley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 20, 2013 Filing 245 CERTIFICATE OF SERVICE of Discovery by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Patel, Puja)
August 7, 2013 Discovery ends on 9/21/2013. (rth)
August 7, 2013 Filing 244 FIRST AMENDED COMPLAINT against Community Management Services, Inc., Gazebo Park Apartments of Acworth, LLC, Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III, Marilyn Murphy, filed by Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit 31, Inc., Alliant Tax Credit Tax Credit XXVII, Inc. (Attachments: #1 Exhibit 1 - 19)(cem) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.
August 7, 2013 Opinion or Order Filing 243 ORDER granting Plaintiffs' #184 Motion for Leave to File First Amended Complaint. Vincent Murphy's #198 Motion for Protective Order is DENIED, and Marilyn Murphy's #219 Motion to Compel Discovery is GRANTED. Plaintiffs are ORDERED to make Mr. Brian Doran available to complete his deposition within thirty (30) days of the docketing of this order. Because the Court has re-opened pleadings by granting Plaintiffs' Motion for Leave to Amend, Community Management Services, Inc., Multifamily Housing Developers, LLC and Vincent Murphy's #231 Motion for Summary Judgment is DENIED AS MOOT, and Marilyn Murphy's #233 Motion for Partial Summary Judgment is DENIED AS MOOT. The discovery period is EXTENDED for 45 days following the entry of this Order. Signed by Judge Richard W. Story on 8/7/2013. (cem)
August 7, 2013 Clerks Certificate of Mailing as to Michael Brent McDonald re #243 Order. (cem)
July 31, 2013 Opinion or Order Filing 242 ORDER granting Plaintiffs' #232 Motion for an Order permitting certain documents to be filed Under Seal. IT IS ORDERED that Plaintiffs be permitted to file the following documents under seal: (1) 2011 Tax Return for Michael V. Murphy, III,; (2)Divorce Agreement between Marilyn Wilcox Murphy and Michael Vincent Murphy; (3) Personal Financial Statement of M. Vincent Murphy, III; and (4) Financial Statement Affidavit and Financial Statement Certification of M. Vincent Murphy, III. Signed by Judge Richard W. Story on 7/31/2013. (cem) Exhibits Filed Under Seal (Additional attachment(s) added on 8/1/2013: #1 Exhibit 4, #2 Exhibit 9, #3 Exhibit 17, #4 Exhibit 74) (cem).
July 30, 2013 Filing 241 NOTICE Of Filing by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. re #234 MOTION for Summary Judgment (Attachments: #1 Exhibit 54, #2 Exhibit 5, #3 Exhibit 6, #4 Deposition of Vincent Murphy, August 2, 2012, #5 Deposition of Vincent Murphy, June 5, 2013, #6 Deposition of Robert McMaster, June 22, 2013, #7 Deposition of Marilyn Murphy, June 25, 2012)(Patel, Puja)
July 30, 2013 Filing 240 MOTION for Summary Judgment by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Patel, Puja) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
July 29, 2013 Filing 239 BRIEF in Support of #233 Motion for Partial Summary Judgment with additional Exhibit summary and exhibits by Marilyn Murphy. (Attachments: #1 Affidavit Ex B Aff of Marilyn 2, pt. 1, #2 Affidavit Ex B Aff of Marilyn 2, pt 2, #3 Exhibit Ex E Depo of Doran, pt 1, #4 Exhibit Ex E Depo of Doran pt 2, #5 Appendix Ex N, Summary of Murphy net worth, pt. 1, #6 Appendix Ex N, summary of Murphy net worth, pt 2, #7 Exhibit Ex D Deposition of Doran 1, pt 1, #8 Exhibit Ex D Deposition of Doran 1, pt 2, #9 Exhibit Ex D Deposition of Doran 1, pt 3, #10 Exhibit Ex D Deposition of Doran 1, pt 4, #11 Exhibit Ex D Deposition of Doran 1, pt 5, #12 Exhibit Ex D Deposition of Doran 1, pt 6)(Winterich, Shawn) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 7/30/2013: Attorney used incorrect event to efile additional exhibits to docket entry no. #233 . Entry modified to reflect efiled pleading. (cem)
July 29, 2013 Filing 238 BRIEF in Support of #233 Motion for Partial Summary Judgment with additional Exhibit summary and exhibits by Marilyn Murphy. (Attachments: #1 Affidavit A Aff of Marilyn 1, #2 Affidavit C Aff of Vince, #3 Exhibit F KY lit compl, #4 Exhibit G KY lit ROS, #5 Exhibit H KY Lit amended compl, #6 Exhibit I KY Lit Aff of Doran, #7 Exhibit J KY Lit Motion, #8 Affidavit K Aff of Wilson, #9 Exhibit L Resp to Interrog, #10 Exhibit M Marketwatch report)(Winterich, Shawn) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 7/30/2013: Attorney used the incorrect event to efile additional exhibits to docket entry no. #233 . Entry modified to reflect efiled pleading. (cem)
July 29, 2013 Filing 237 DEPOSITION of M. Vincent Murphy, III taken on August 26, 2010 by Marilyn Murphy.(Winterich, Shawn)
July 29, 2013 Filing 236 DEPOSITION of Brian Doran taken on May 1, 2013 by Marilyn Murphy.(Winterich, Shawn)
July 29, 2013 Filing 235 DEPOSITION of Brian Doran taken on August 31, 2012 by Marilyn Murphy.(Winterich, Shawn)
July 29, 2013 Filing 234 MEMORANDUM in Support of #240 MOTION for Summary Judgment with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Statement of Material Facts, #2 Exhibit 1-2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5-8, #6 Exhibit 9-10, #7 Exhibit 11 (Part 1), #8 Exhibit 11 (Part 2), #9 Exhibit 11 (Part 3), #10 Exhibit 12-13, #11 Exhibit 14-15, #12 Exhibit 16-22, #13 Exhibit 23-28, #14 Exhibit 29-33, #15 Exhibit 34-42, #16 Exhibit 43, #17 Exhibit 44, #18 Exhibit 45, #19 Exhibit 46-48, #20 Exhibit 49-50, #21 Exhibit 51-52, #22 Exhibit 53-55, #23 Exhibit 56, #24 Exhibit 57-60, #25 Exhibit 61-63, #26 Exhibit 64-65, #27 Exhibit 66-67, #28 Exhibit 68-70, #29 Exhibit 71-75, #30 Exhibit 76)(Patel, Puja) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 7/31/2013: Attorney used the incorrect event to efile pleading. Entry modified to reflect efiled pleading and to link to Motion for Summary Judgment. (cem)
July 29, 2013 Filing 233 MOTION for Partial Summary Judgment (Counts One and Two) with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief, #2 Statement of Material Facts)(Winterich, Shawn) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
July 29, 2013 Filing 232 MOTION to Seal by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Patel, Puja)
July 26, 2013 Filing 231 MOTION for Summary Judgment with Brief In Support by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support, #2 Statement of Material Facts Statement of Facts)(Kreimer, Stanley) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
July 26, 2013 Filing 230 NOTICE Of Filing Deposition Transcript by M. Vincent Murphy, III (Kreimer, Stanley)
June 17, 2013 Submission of #219 MOTION to Compel Discovery from Plaintiffs, submitted to District Judge Richard W. Story. (cem)
June 16, 2013 Filing 229 REPLY to Response to Motion re #219 MOTION to Compel Discovery from Plaintiffs filed by Marilyn Murphy. (Winterich, Shawn)
June 12, 2013 Opinion or Order Filing 228 ORDER granting #225 Consent Motion for Order Adopting Agreement between Plaintiffs and Defendant Marilyn Murphy. Signed by Judge Richard W. Story on 6/11/2013. (cem) FILED UNDER SEAL (Additional attachment(s) added on 6/13/2013: #1 Exhibit A - Agreement) (cem). Modified on 6/13/2013 (cem).
June 12, 2013 Opinion or Order Filing 227 ORDER granting #224 Joint Motion for an Order permitting Exhibit A to Consent Motion for Entry of Order Adopting Agreement Between Plaintiffs and Defendant Marilyn Murphy to be filed Under Seal. Signed by Judge Richard W. Story on 6/11/2013. (cem)
June 10, 2013 Filing 226 RESPONSE re #219 MOTION to Compel Discovery from Plaintiffs filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Affidavit of Brent McDonald, #2 Exhibit A to McDonald Declaration, #3 Exhibit B to McDonald Declaration)(Patel, Puja)
June 10, 2013 Filing 225 Consent MOTION for Order Adopting Agreement between Plaintiffs and Defendant Marilyn Murphy with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Patel, Puja)
June 10, 2013 Filing 224 Joint MOTION to Seal Exhibit A with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Patel, Puja)
June 3, 2013 Filing 223 CERTIFICATE OF SERVICE of Notice of Deposition of Kurt A. Kegel by Marilyn Murphy.(Winterich, Shawn)
June 3, 2013 Filing 222 CERTIFICATE OF SERVICE of Notice of Deposition (C. Edward Dobbs) by Marilyn Murphy.(Winterich, Shawn)
May 30, 2013 Filing 221 Notice for Leave of Absence for the following date(s): 6/14, 6/15, 6/16, 6/17, 6/18, 6/19, 6/20, 6/21, 6/22, 6/23, 6/24, 6/25, 6/26, 6/27, 6/28, 6/29, 6/30, 7/1, 7/2, 7/3, 7/25, 7/26, 7/27, 7/28, 7/29, 7/30, 12/23, 12/24, 12/25, 12/26, 12/27, 12/28, 12/29, 12/30, 12/31, 1/3/14, by Shawn Michael Winterich. (Winterich, Shawn)
May 24, 2013 Submission of #198 MOTION for Protective Order, submitted to District Judge Richard W. Story. (jtj)
May 23, 2013 Filing 220 REPLY BRIEF re #198 MOTION for Protective Order filed by M. Vincent Murphy, III. (Kreimer, Stanley)
May 22, 2013 Filing 219 MOTION to Compel Discovery from Plaintiffs with Brief In Support by Marilyn Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Winterich, Shawn)
May 20, 2013 Filing 218 CERTIFICATE OF SERVICE of Responses and Objections to Plaintiffs' Requests for Admissions by Gazebo Park and by Marilyn Murphy.(Winterich, Shawn)
May 20, 2013 Filing 217 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
May 16, 2013 Filing 216 Notice for Leave of Absence for the following date(s): 06/17/2013,06/18/2013,06/19/2013,06/20/2013,06/21/2013,06/22/2013,06/28/2013,06/29/2013, 06/30/2013,07/01/2013,07/02/2013,07/03/2013,07/04/2013,07/05/2013,07/06/2013,07/07/2013, 07/08/2013,07/09/2013,07/29/2013,07/30/2013,07/31/2013,08/01/2013,08/02/2013, by John P. Hutchins. (Hutchins, John)
May 15, 2013 Filing 215 CERTIFICATE OF SERVICE (Corrected) by M. Vincent Murphy, III.(Kreimer, Stanley)
May 15, 2013 Filing 214 CERTIFICATE OF SERVICE of objection to Subpoena of John P. Wilson, III by Marilyn Murphy.(Winterich, Shawn)
May 15, 2013 Filing 213 CERTIFICATE OF SERVICE of objection to Subpoena of Edward E. Bates, Jr. by Marilyn Murphy.(Winterich, Shawn)
May 15, 2013 Filing 212 CERTIFICATE OF SERVICE of Notice of Deposition of C. Edward Dobbs by Marilyn Murphy.(Winterich, Shawn)
May 15, 2013 Filing 211 CERTIFICATE OF SERVICE re #130 Certificate of Service of First Amended Privilege Log by Marilyn Murphy.(Winterich, Shawn)
May 15, 2013 Filing 210 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
May 15, 2013 Filing 209 Notice for Leave of Absence for the following date(s): June 12, 2013-June 28, 2013 and July 8, 2013 -July 19, 2013, by Walter Henry Bundy, Jr. (Bundy, Walter)
May 9, 2013 Filing 208 RESPONSE re #198 MOTION for Protective Order filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Affidavit of M. Brent McDonald, #2 Exhibit A, #3 Exhibit B (Part 1), #4 Exhibit B (Part 2), #5 Exhibit B (Part 3), #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L)(Patel, Puja)
May 7, 2013 Opinion or Order Filing 207 ORDER granting W.H. Bundy, Jr.'s #202 Leave of Absence request from 6/12/2013 through 6/19/2013, 7/8/2013 through 7/19/2013, for planned vacations. Signed by Judge Richard W. Story on 5/7/2013. (cem)
May 7, 2013 Opinion or Order Filing 206 ORDER granting #205 Joint Motion to Modify Scheduling Order. It is hereby ORDERED that the parties shall be permitted to take following already noticed depositions after the current deadline of May 22, 2013: Kurt Kegel, Esq., John Wilson, Esq., Emily S. Bair, Esq., Stan Kreimer, Esq., C. Edward Dobbs, Esq., Edward Bates, Esq., Robert McMaster, and Vince Murphy, to and through June 28, 2013; that the deadline for filing dispositive motions is hereby extended to and through July 29, 2013; and that any motions to compel as to the above-listed depositions be filed by or before July 30, 2013. It is further ORDERED that except as provided herein, this Court's Order of March 22,2013 [Doc. 185] remains in force. Signed by Judge Richard W. Story on 5/7/2013. (cem)
May 7, 2013 Filing 205 Consent MOTION to Amend #185 Order on Motion to Compel, Order on Motion for Sanctions,, Order on Motion to Supplement, Order on Motion for Extension of Time to Complete Discovery,, Order on Motion for Discovery, Order on Motion for Leave to File, Order on Motion for Order,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by Marilyn Murphy. (Attachments: #1 Text of Proposed Order Proposed Order)(Winterich, Shawn)
May 7, 2013 Clerks Certificate of Mailing as to Michael Brent McDonald re #206 Order. (cem)
May 1, 2013 Filing 204 Certification of Consent to Substitution of Counsel by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Hutchins, John) Modified on 5/2/2013: Incorrect event used to efile pleading. Entry modified to reflect efiled pleading. (cem)
April 30, 2013 Filing 203 Notice for Leave of Absence for the following date(s): 06/17/2013, 06/18/2013, 06/19/2013, 06/20/2013, 06/21/2013, 06/22/2013, 06/28/2013, 06/29/2013, 06/30/2013, 07/01/2013, 07/02/2013, 07/03/2013, 07/04/2013, 07/05/2013, 07/06/2013, 07/07/2013, 07/08/2013, 07/09/2013, by John P. Hutchins. (Hutchins, John)
April 30, 2013 Filing 202 Notice for Leave of Absence for the following date(s): 06/12/13-06/19/13, 07/08/13-07/19/13, by Walter Henry Bundy, Jr. (Bundy, Walter)
April 29, 2013 Filing 201 Amended Initial Disclosures by Marilyn Murphy.(Winterich, Shawn)
April 29, 2013 Filing 200 CERTIFICATE OF SERVICE of Discovery Responses and First Amendment to Initial Disclosures by Marilyn Murphy.(Winterich, Shawn)
April 26, 2013 Filing 199 Amended Initial Disclosures by M. Vincent Murphy, III.(Kreimer, Stanley)
April 23, 2013 Submission of #184 MOTION for Leave to File First Amended Complaint, submitted to District Judge Richard W. Story. (cem)
April 22, 2013 Filing 198 MOTION for Protective Order with Brief In Support by M. Vincent Murphy, III. (Attachments: #1 Brief in Support)(Kreimer, Stanley)
April 22, 2013 Filing 197 CERTIFICATE OF SERVICE of Discovery by M. Vincent Murphy, III.(Kreimer, Stanley)
April 22, 2013 Filing 196 REPLY to Response to Motion re #184 MOTION for Leave to File First Amended Complaint Reply to Vincent Murphy, et. al. Response filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Affidavit McDonald Declaration, #2 Exhibit 1 to McDonald Decl., #3 Exhibit 2 to McDonald Decl.)(Patel, Puja)
April 22, 2013 Filing 195 REPLY to Response to Motion re #184 MOTION for Leave to File First Amended Complaint Reply to Marilyn Murphy's Response filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Patel, Puja)
April 22, 2013 Filing 194 NOTICE of Appearance by John P. Hutchins on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Hutchins, John)
April 22, 2013 Filing 193 NOTICE of Appearance by Puja R. Patel on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Patel, Puja)
April 19, 2013 Filing 192 CERTIFICATE OF SERVICE of Discovery by M. Vincent Murphy, III.(Kreimer, Stanley)
April 12, 2013 Filing 191 CERTIFICATE OF SERVICE of Notices of Deposition by Marilyn Murphy.(Winterich, Shawn)
April 11, 2013 Filing 190 CERTIFICATE OF SERVICE by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Arpey, Vincent)
April 5, 2013 Opinion or Order Filing 189 CONSENT ORDER granting #186 Motion to Extend Deadline to Comply with Court's Order dated 3/22/2013, to and through 4/22/2013. Signed by Judge Richard W. Story on 4/5/13. (cem)
April 5, 2013 Clerks Certificate of Mailing as to Michael Brent McDonald andWalter Henry Bundy, Jr. re #189 Order. (cem)
April 4, 2013 Filing 188 RESPONSE re #184 MOTION for Leave to File First Amended Complaint filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
April 4, 2013 Filing 187 REPLY BRIEF re #184 MOTION for Leave to File First Amended Complaint filed by Marilyn Murphy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Winterich, Shawn)
April 3, 2013 Filing 186 Consent MOTION for Extension of Time Comply with Order of 03/22/13 re: #185 Order on Motion to Compel, Order on Motion for Sanctions,, Order on Motion to Supplement, Order on Motion for Extension of Time to Complete Discovery,, Order on Motion for Discovery, Order on Motion for Leave to File, Order on Motion for Order,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by M. Vincent Murphy, III. (Kreimer, Stanley)
March 25, 2013 Clerks Certificate of Mailing as to Michael Brent McDonald and Walter Henry Bundy, Jr. re #185 Order. (cem)
March 22, 2013 Opinion or Order Filing 185 ORDER granting Motions to Supplement #169 and #181 . After reviewing the remaining motions that are pending before the Court, the Court concludes that each party has failed to meet its discovery obligations. Each party is ORDERED to fully respond to all discovery requests previously served upon that party. To that end, within seven (7) days of the entry of this Order, each party shall serve upon other parties notice of any discovery obligations with which the requesting party believes the responding party has failed to comply. Within fourteen (14) days of that notice, the responding party shall comply with the discovery requests or file a motion for protective order. It is further ORDERED that the discovery period be extended for an additional two (2) months from the date of entry of this Order. Except to the extent granted herein, all of the pending Motions #134 , #158 , #161 , #170 , #171 , #172 and #182 are DENIED. Signed by Judge Richard W. Story on 3/22/13. (See Order for further details.) (cem)
March 18, 2013 Filing 184 MOTION for Leave to File First Amended Complaint with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 1-19 to Complaint, #3 Brief, #4 Exhibit 1 to Brief)(Arpey, Vincent)
March 4, 2013 Filing 183 Notice for Leave of Absence for the following date(s): 04/08/13,04/09/13,04/10/13,04/11/13,04/12/13,04/15/13,04/16/13,04/17/13,05/27/13, 05/28/13,05/29/13,05/30/13,05/31/13,06/03/13,06/04/13,06/05/13,06/07/13,06/10/13,06/11/13, 06/12/13,06/13/13,06/14/13,07/08/13,07/09/13,07/10/13,07/11/13,07/12/13,07/15/13,07/16/13, 07/17/13,07/18/13,07/19/13, by Stanley Earle Kreimer, Jr. (Kreimer, Stanley)
February 26, 2013 Submission of #182 Consent MOTION for Order Adopting Agreement Between Plaintiffs and Defendant Marilyn Murphy, submitted to District Judge Richard W. Story. (cem)
February 6, 2013 Filing 182 Consent MOTION for Order Adopting Agreement Between Plaintiffs and Defendant Marilyn Murphy by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Marilyn Murphy. (Attachments: #1 Text of Proposed Order)(Arpey, Vincent)
December 31, 2012 Submission of #181 Emergency MOTION for Leave to File Supplemental Brief and Attachments. Submitted to District Judge Richard W. Story. (bdb)
November 30, 2012 Filing 181 Emergency MOTION for Leave to File Supplemental Brief and Attachments with Brief In Support by M. Vincent Murphy, III. (Kreimer, Stanley)
November 26, 2012 Submission of #172 Joint MOTION for Discovery by Defendants for Leave to Conduct Depositions of Plaintiffs' Domestic Relations Expert and for Other Relief. Submitted to District Judge Richard W. Story. (bdb)
November 16, 2012 Opinion or Order Filing 180 ORDER granting #177 Joint Motion to Modify Scheduling Order. Time for filing dispositive motions, Daubert motions, pretrial order, and any other related filings is extended until a date to be set following the Court's ruling on the pending discovery motions. Signed by Judge Richard W. Story on 11/16/2012. (bdb)
November 15, 2012 Filing 179 BRIEF IN REPLY to Response of Defendants M. Vincent Murphy, III, Community Management Services, Inc. and Multifamily Housing Developers, LLC to #170 MOTION for Leave to Conduct Certain Additional Discovery and to Extend Case Deadlines filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Arpey, Vincent)
November 15, 2012 Filing 178 REPLY BRIEF to Response of Marilyn Murphy to Plaintiffs' #170 MOTION for Leave to Conduct Certain Additional Discovery and to to Extend Case Deadlines filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Arpey, Vincent)
November 14, 2012 Submission of #170 MOTION for Extension of Time to Complete Discovery and to Extend Case Deadlines, #171 MOTION for Leave to Conduct Certain Additional Discovery. Submitted to District Judge Richard W. Story. (bdb)
November 13, 2012 Filing 177 Joint MOTION for Extension of Time to Complete Discovery by M. Vincent Murphy, III. (Kreimer, Stanley)
November 1, 2012 Filing 176 RESPONSE re #172 Joint MOTION for Discovery filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Attachments: #1 Exhibit A)(Arpey, Vincent) Modified on 11/5/2012 to edit text. (jtj)
October 29, 2012 Filing 175 REPLY BRIEF re #170 MOTION for Extension of Time to Complete Discovery and to Extend Case Deadlines by Plaintiffs filed by Marilyn Murphy. (Attachments: #1 Affidavit)(Winterich, Shawn)
October 29, 2012 Filing 174 RESPONSE in Opposition re #171 MOTION for Leave to Conduct Certain Additional Discovery filed by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III. (Kreimer, Stanley)
October 29, 2012 Submission of #161 MOTION for Order Compelling Discovery From Defendant M. Vincent Murphy, III. Submitted to District Judge Richard W. Story. (bdb)
October 29, 2012 Submission of #169 MOTION to Allow Supplemental Brief. Submitted to District Judge Richard W. Story. (bdb)
October 25, 2012 Filing 173 Notice for Leave of Absence for the following date(s): 11/26/12 - 12/4/12, 12/19/12 - 1/2/13, by Stanley Earle Kreimer, Jr. (Kreimer, Stanley) Modified on 10/25/2012 to consolidate dates. (jtj)
October 15, 2012 Filing 172 Joint MOTION for Discovery by Defendants for Leave to Conduct Depositions of Plaintiffs' Domestic Relations Expert and for Other Relief with Brief In Support by Marilyn Murphy. (Attachments: #1 Brief in Support, #2 Affidavit)(Winterich, Shawn)
October 12, 2012 Filing 171 Consent MOTION for Leave to Conduct Certain Additional Discovery and to Extend Case Deadlines Adopting Agreement between Plaintiffs and Defendant Marilyn Murphy by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Marilyn Murphy. (Attachments: #1 Text of Proposed Order)(Arpey, Vincent) Modified to accurately reflect entry on 10/16/2012 (bdb).
October 12, 2012 Filing 170 MOTION for Extension of Time to Complete Discovery and to Extend Case Deadlines with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order, #2 Brief, #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)(Arpey, Vincent)
October 11, 2012 Filing 169 MOTION to Allow Supplemental Brief with Brief In Support by M. Vincent Murphy, III. (Attachments: #1 Brief in Support)(Kreimer, Stanley)
October 5, 2012 Filing 168 REPLY BRIEF re #158 MOTION for Sanctions against Defendant M. Vincent Murphy, III filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
October 3, 2012 Filing 167 CERTIFICATE OF SERVICE of Discovery Responses by Marilyn Murphy.(Winterich, Shawn)
October 1, 2012 Filing 166 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
October 1, 2012 Filing 165 RESPONSE in Opposition re #161 MOTION for Order Compelling Discovery From Defendant M. Vincent Murphy, III filed by M. Vincent Murphy, III. (Kreimer, Stanley)
October 1, 2012 Submission of #158 MOTION for Sanctions against Defendant M. Vincent Murphy, III, and #134 MOTION to Compel Discovery. Submitted to District Judge Richard W. Story. (bdb)
September 24, 2012 Filing 164 RESPONSE re #158 MOTION for Sanctions against Defendant M. Vincent Murphy, III filed by M. Vincent Murphy, III. (Kreimer, Stanley)
September 17, 2012 Opinion or Order Filing 163 ORDER granting #162 Joint Motion for Document Production Schedule. Close of factual discovery to 9/15/2012. (See order for details) Signed by Judge Richard W. Story on 09/17/2012. (bdb)
September 14, 2012 Filing 162 Joint MOTION for Discovery Document Production Schedule by Marilyn Murphy. (Attachments: #1 Text of Proposed Order)(Winterich, Shawn)
September 14, 2012 Filing 161 MOTION for Order Compelling Discovery From Defendant M. Vincent Murphy, III with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Arpey, Vincent)
September 14, 2012 Filing 160 CERTIFICATE OF SERVICE by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Arpey, Vincent)
September 12, 2012 Filing 159 REPLY BRIEF in Support of #134 MOTION to Compel Discovery filed by M. Vincent Murphy, III. (Kreimer, Stanley)
September 11, 2012 Filing 158 MOTION for Sanctions against Defendant M. Vincent Murphy, III with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Arpey, Vincent)
August 27, 2012 Filing 157 BRIEF in Opposition to the #134 MOTION to Compel Discovery by Defendant M. Vincent Murphy, III filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Arpey, Vincent) Modified on 8/28/2012: Incorrect event used to efile pleading. Docket entry modified to reflect efiled pleading. (cem).
August 25, 2012 Filing 156 Amended NOTICE to Take Deposition of Alliant Tax Credit Fund 31-A, et al. filed by Gazebo Park Apartments of Acworth, LLC (Winterich, Shawn)
August 25, 2012 Filing 155 NOTICE to Take Deposition of Alliant Tax Credit Fund 31-A, et al. filed by Marilyn Murphy (Winterich, Shawn)
August 21, 2012 Clerks Certificate of Mailing as to Michael Brent McDonald and Walter Henry Bundy, Jr. re #154 Order. (cem)
August 20, 2012 Opinion or Order Filing 154 ORDER granting #153 Consent Motion to Extend Plaintiffs' Deadline up to and including 8/27/12 to respond to the #134 Motion to Compel Discovery. Signed by Judge Richard W. Story on 8/16/12. (cem)
August 20, 2012 Submission of #153 Consent MOTION for Extension of Time to Respond to Defendant M. Vincent Murphy, III's Motion to Compel re: #134 MOTION to Compel Discovery, submitted to District Judge Richard W. Story. (cem)
August 16, 2012 Filing 153 Consent MOTION for Extension of Time to Respond to Defendant M. Vincent Murphy, III's re: #134 MOTION to Compel Discovery by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Arpey, Vincent) Modified on 8/16/2012 to delete duplicate text. (cem)
August 10, 2012 Filing 152 CERTIFICATE OF SERVICE of Discovery by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Arpey, Vincent)
August 10, 2012 Filing 151 CERTIFICATE OF SERVICE of Discovery by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III.(Kreimer, Stanley)
August 8, 2012 Clerks Certificate of Mailing as to Michael Brent McDonald and Walter Henry Bundy, Jr. re #150 Order. (cem)
August 7, 2012 Opinion or Order Filing 150 ORDER granting #149 Consent Motion to Extend Plaintiffs' Deadline up to and including 8/17/12, to Respond to the #134 Motion to Compel. Signed by Judge Richard W. Story on 8/7/12. (cem)
August 7, 2012 Filing 149 Consent MOTION for Extension of Time to Respond to Defendant M. Vincent Murphy, III's Motion to Compel re: #134 MOTION to Compel Discovery by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Arpey, Vincent)
July 30, 2012 Filing 148 CERTIFICATE OF SERVICE by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III.(Kreimer, Stanley)
July 26, 2012 Filing 147 CERTIFICATE OF SERVICE of Responses to Plaintiff's Third Requests for Production by Marilyn Murphy.(Winterich, Shawn)
July 26, 2012 Filing 146 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
July 25, 2012 Opinion or Order Filing 145 ORDER granting #138 Application for Admission Pro Hac Vice as to Michael Brent McDonald. Signed by Judge Richard W. Story on 7/25/12. (cem)
July 25, 2012 Opinion or Order Filing 144 ORDER granting #137 Application for Admission Pro Hac Vice as to Walter Henry Bundy, Jr. Signed by Judge Richard W. Story on 7/25/12. (cem)
July 25, 2012 Clerks Certificate of Mailing as to Michael McDonald and Walter Bundy, Jr. re #144 Order on Application for Admission PHV, #145 Order on Application for Admission PHV. (cem)
July 23, 2012 APPROVAL by Clerks Office re: #137 APPLICATION for Admission of Walter Henry Bundy, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-4049226), #138 APPLICATION for Admission of Michael Brent McDonald Pro Hac Vice (Application fee $ 150, receipt number 113E-4049282). Attorney Walter Henry Bundy, Jr, Michael Brent McDonald added appearing on behalf of Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (pb)
July 20, 2012 Filing 143 NOTICE to Take Deposition of M. Vincent Murphy, III filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Arpey, Vincent)
July 18, 2012 Opinion or Order Filing 142 ORDER granting #139 Joint Motion to Extend Discovery and to Amend Scheduling Order. It is hereby ORDERED that the factual discovery period in this action is extended through and including September 15, 2012 and amending the Scheduling Order to provide for a one-month expert discovery period to begin on September 16, 2012 and run up to and through October 16, 2012, and extending all subsequent deadlines accordingly. Signed by Judge Richard W. Story on 7/18/12. (cem)
July 18, 2012 Opinion or Order Filing 141 ORDER granting #140 Consent Motion to Extend Plaintiffs' Deadline up to and including 8/9/2012 to Respond to the #134 Motion to Compel. Signed by Judge Richard W. Story on 7/18/12. (cem)
July 18, 2012 Filing 140 Consent MOTION for Extension of Time to Extend Plaintiffs' Deadline to Respond to Defendant M. Vincent Murphy, III's Motion to Compel re: #134 MOTION to Compel Discovery by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Arpey, Vincent)
July 18, 2012 Filing 139 Joint MOTION for Extension of Time to Complete Discovery and to Amend Scheduling Order by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., M. Vincent Murphy, III, Marilyn Murphy. (Arpey, Vincent) Modified on 7/18/2012, at attorney's request, to correct filers (ddm).
July 18, 2012 Filing 138 APPLICATION for Admission of Michael Brent McDonald Pro Hac Vice (Application fee $ 150, receipt number 113E-4049282)by Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Darden, David)
July 18, 2012 Filing 137 APPLICATION for Admission of Walter Henry Bundy, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-4049226)by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Text of Proposed Order)(Darden, David)
July 14, 2012 Filing 136 CERTIFICATE OF SERVICE of Responses to Plaintiff's First Requests for Admission by Marilyn Murphy.(Winterich, Shawn)
July 13, 2012 Filing 135 CERTIFICATE OF SERVICE filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Arpey, Vincent)
July 2, 2012 Filing 134 MOTION to Compel Discovery with Brief In Support by M. Vincent Murphy, III. (Attachments: #1 Exhibit MTC Attachment A, #2 Brief, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Kreimer, Stanley)
June 27, 2012 Filing 133 CERTIFICATE OF SERVICE filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Arpey, Vincent)
June 20, 2012 Filing 132 CERTIFICATE OF SERVICE of Discovery Requests on Plaintiffs by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company).(Winterich, Shawn)
June 20, 2012 Filing 131 CERTIFICATE OF SERVICE of Notice of Deposition of Plainitffs by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company).(Winterich, Shawn)
June 12, 2012 Filing 130 CERTIFICATE OF SERVICE of Privilege Log by Marilyn Murphy.(Winterich, Shawn)
June 7, 2012 Filing 129 NOTICE to Take Deposition of Marilyn Murphy filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Arpey, Vincent)
June 5, 2012 Filing 128 CERTIFICATE OF SERVICE of Discovery Requests on M. Vincent Murphy, III by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company).(Winterich, Shawn)
June 4, 2012 Opinion or Order Filing 127 ORDER granting #122 Consent Motion to Dismiss Defendants Patrick Carroll and Affordable Realty Management Incorporated with prejudice. Plaintiff, Carroll and Affordable Realty Management Incorporated shall bear their own costs. Signed by Judge Richard W. Story on 6/4/12. (cem)
May 30, 2012 Filing 126 CERTIFICATE OF SERVICE by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Arpey, Vincent)
May 30, 2012 Submission of #122 Consent MOTION to Dismiss Defendants Patrick Carroll And Affordable Realty Management Incorporated With Prejudice, submitted to District Judge Richard W. Story. (cem)
May 21, 2012 Filing 125 CERTIFICATE OF SERVICE by Community Management Services, Inc., M. Vincent Murphy, III.(Kreimer, Stanley)
May 18, 2012 Filing 124 CERTIFICATE OF SERVICE re #112 Certificate of Service for Defendant M. Patrick Carroll's Responses and Objections to Defendant Gazebo Park Apartments of Acworth, LLC's First Request For Production of Documents by Patrick Carroll.(Wilder, Pelham)
May 18, 2012 Filing 123 CERTIFICATE OF SERVICE re #110 Certificate of Service Defendant Affordable Realty Management, Inc.'s Responses and Objections To Defendant Gazebo Park Apartments of Acworth, LLC's First Request for Production of Documents by Affordable Realty Management Incorporated.(Wilder, Pelham)
May 11, 2012 Filing 122 Consent MOTION to Dismiss Defendants Patrick Carroll And Affordable Realty Management Incorporated With Prejudice by Affordable Realty Management Incorporated, Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Patrick Carroll. (Attachments: #1 Text of Proposed Order)(Malko, Simon)
May 8, 2012 Filing 121 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
May 4, 2012 Filing 120 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
May 2, 2012 Filing 119 CERTIFICATE OF SERVICE of Discovery Requests on M. Patrick Carroll by Gazebo Park Apartments of Acworth, LLC.(Winterich, Shawn)
May 2, 2012 Filing 118 CERTIFICATE OF SERVICE of Discovery Requests on Community Management Services, Inc. by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company).(Winterich, Shawn)
May 2, 2012 Filing 117 CERTIFICATE OF SERVICE of Discovery Requests on Affordable REalty Management, Inc. by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company).(Winterich, Shawn)
May 2, 2012 Filing 116 CERTIFICATE OF SERVICE of Discovery Requests on M. Vincent Murphy, III by Marilyn Murphy.(Winterich, Shawn)
May 2, 2012 Filing 115 CERTIFICATE OF SERVICE of Amended Discovery Responses by Gazebo Park Apartments of Acworth, LLC.(Winterich, Shawn)
May 2, 2012 Filing 114 CERTIFICATE OF SERVICE of Amended Discovery Responses by Marilyn Murphy.(Winterich, Shawn)
April 20, 2012 Filing 113 CERTIFICATE OF SERVICE by Alliant Tax Credit Fund 31-A, Ltd..(Arpey, Vincent)
April 20, 2012 Filing 112 CERTIFICATE OF SERVICE of First Request for Production to Defendant M. Patrick Carroll by Gazebo Park Apartments of Acworth, LLC.(Winterich, Shawn)
April 20, 2012 Filing 111 CERTIFICATE OF SERVICE of First Request for Production to Defendant Community Management Services, Inc. by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company).(Winterich, Shawn)
April 20, 2012 Filing 110 CERTIFICATE OF SERVICE of First Request for Production to Defendant Affordable Realty Management, Inc. by Gazebo Park Apartments of Acworth, LLC.(Winterich, Shawn)
April 20, 2012 Filing 109 CERTIFICATE OF SERVICE of First Request for Production to Defendant M. Vincent Murphy, III by Marilyn Murphy.(Winterich, Shawn)
April 18, 2012 Filing 108 CLERK'S JUDGMENT entered awarding plaintiff attorneys fees in the sum of $3,690 against defendant M. Vincent Murphy. Plaintiff is awarded attorneys fees in the sum of $6,710 against defendant Marilyn Murphy. And plaintiff is awarded attorneys fees in the sum of $4,819 against defendant Gazebo Park. (cem)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
April 17, 2012 Opinion or Order Filing 107 ORDER granting Plaintiffs' #99 Motion for Attorney's Fees and Expenses against Defendant M. Vincent Murphy, and Plaintiff is awarded attorney's fees in the sum of $3,690 against M. Vincent Murphy. Plaintiffs' Motion for Attorney's Fees and Expenses against Defendant Marilyn Murphy #100 is GRANTED, and Plaintiff is awarded attorney's fees in the sum of $6,710 against Defendant Marilyn Murphy. Plaintiffs' Motions for Attorney's Fees and Expenses against Defendant Gazebo Park #101 is GRANTED, and Plaintiff is awarded attorney's fees in the sum of $4,819 against Defendant Gazebo Park. Signed by Judge Richard W. Story on 4/17/12. (cem)
April 11, 2012 Filing 106 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
April 11, 2012 Submission of #99 MOTION for Attorney Fees and Expenses Pursuant to the Court's Order, #100 MOTION for Attorney Fees and Expenses Pursuant to the Court's Order, #101 MOTION for Attorney Fees and Expenses Pursuant to the Court's Order, submitted to District Judge Richard W. Story. (cem)
April 3, 2012 Filing 105 Notice for Leave of Absence for the following date(s): 4/25/12 - 5/3/12, and 7/2/12 - 7/6/12 , by Vincent Justin Arpey. (Arpey, Vincent) Modified on 4/4/2012: Incorrect event used to efile pleading. Entry correct to reflect efiled pleading. (cem)
April 2, 2012 Filing 104 CERTIFICATE OF SERVICE by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Arpey, Vincent)
March 28, 2012 Filing 103 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
March 23, 2012 Opinion or Order Filing 102 ORDER granting #98 Unopposed Motion of Defendants Patrick Carroll and Affordable Realty Management Incorporated to Extend the Discovery period through and including 7/31/2012. Dispositive motions in this case shall be due 30 days after the close of discovery. Signed by Judge Richard W. Story on 3/23/12. (cem)
March 23, 2012 Filing 101 MOTION for Attorney Fees and by Alliant Tax Credit Fund 31-A, Ltd.. (Attachments: #1 Affidavit Declaration of Counsel)(Arpey, Vincent)
March 23, 2012 Filing 100 MOTION for Attorney Fees and Expenses Pursuant to the Court's Order by Alliant Tax Credit Fund 31-A, Ltd.. (Attachments: #1 Affidavit Declaration of Counsel)(Arpey, Vincent)
March 23, 2012 Filing 99 MOTION for Attorney Fees and Expenses Pursuant to the Court's Order by Alliant Tax Credit Fund 31-A, Ltd.. (Attachments: #1 Affidavit Declaration of Counsel)(Arpey, Vincent)
March 22, 2012 Filing 98 Unopposed MOTION for Extension of Time to Complete Discovery by Affordable Realty Management Incorporated, Patrick Carroll. (Malko, Simon)
March 21, 2012 Filing 97 RESPONSE re #96 Leave of Absence, #95 Leave of Absence, Plaintiffs' Objection to Notices of Leave of Absence Filed by Stan Kreimer and Shawn Winterich filed by Alliant Tax Credit Fund 31-A, Ltd.. (Arpey, Vincent)
March 20, 2012 Filing 96 Notice for Leave of Absence for the following date(s): 5/3, 5/4, 5/7, 5/8, 5/9, 5/10, 5/11, 5/24, 5/25, 5/28, 5/29, 6/20, 6/21, 6/22, 6/25, 6/26, 6/27, 6/28, 6/29, 7/2, 7/3, 7/4, 7/5, 7/6, 8/27, 8/28, 8/29, 8/30, 8/31, 9/3, 9/4, 9/5, 9/6, 9/7, 12/21, 12/24, 12/25, 12/26, 12/27, 12/28, 1/1/13, 1/2, 1/3, by Shawn Michael Winterich. (Winterich, Shawn)
March 19, 2012 Filing 95 Notice for Leave of Absence for the following date(s): 06/04/12, 06/05/12, 06/06/12, 06/07/12, 06/08/12, 06/11/12, 06/12/12, 06/13/12, 06/14/12, 06/15/12, 06/18/12, 06/19/12, 06/20/12, 06/21/12, 06/22/12, 07/09/12, 07/10/12, 07/11/12, 07/12/12, 07/13/12, 07/16/12, 07/17/12, 07/18/12, 07/19/12, 07/20/12, 07/23/12, 07/24/12, 07/25/12, 07/26/12, 07/27/12, by Stanley Earle Kreimer, Jr. (Attachments: #1 Exhibit A)(Kreimer, Stanley)
March 15, 2012 Opinion or Order Filing 94 ORDER granting #62 Plaintiffs' Motion to Dismiss Marilyn Murphy's Counterclaim, and denying #72 Defendant Marilyn Murphy's Second Motion to Dismiss Counts I and II. Plaintiffs' #76 Motion to Compel Discovery from Gazebo Park Apartments of Acworth, LLC, Plaintiffs' #77 Motion to Compel Discovery from Marilyn Murphy, and Plaintiffs' #79 Motion to Compel Discovery from Defendant M. Vincent Murphy are all GRANTED. Plaintiffs' Counsel should produce its statements of costs and fees as to the Motions to Compel within 10 days of this order. Finally, Counsel Michael Dunn's Motions to Withdraw as Attorney for Patrick Carroll and ARMI #89 #90 are GRANTED. Signed by Judge Richard W. Story on 3/14/12. (cem)
March 14, 2012 Filing 93 NOTICE of Appearance by Simon Robert Malko on behalf of Affordable Realty Management Incorporated, Patrick Carroll (Malko, Simon)
March 14, 2012 Submission of #77 MOTION to Compel DISCOVERY FROM DEFENDANT MARILYN MURPHY, #76 MOTION to Compel DISCOVERY FROM GAZEBO PARK APARTMENTS OF ACWORTH, LLC, submitted to District Judge Richard W. Story. (cem)
March 9, 2012 Filing 92 CERTIFICATE OF SERVICE by Alliant Tax Credit Fund 31-A, Ltd..(Arpey, Vincent)
March 7, 2012 Filing 91 Withdrawal of Motion #84 MOTION for Extension of Time Respond to Motion to Compel re: #79 MOTION to Compel Discovery from Defendant M. Vincent Murphy, III MOTION for Extension of Time Respond to Motion to Compel re: #79 MOTION to Compel Discovery from Defendant M. Vincent Murphy, III filed by M. Vincent Murphy, III filed by M. Vincent Murphy, III. (Kreimer, Stanley)
March 6, 2012 Filing 90 MOTION to Withdraw Michael Anthony Dunn as Attorneyby Patrick Carroll. (Attachments: #1 Exhibit A)(Dunn, Michael)
March 6, 2012 Filing 89 MOTION to Withdraw Michael Anthony Dunn as Attorneyby Affordable Realty Management Incorporated. (Attachments: #1 Exhibit A)(Dunn, Michael)
March 5, 2012 Filing 88 CERTIFICATE OF SERVICE by Alliant Tax Credit Fund 31-A, Ltd..(Arpey, Vincent)
March 2, 2012 Filing 87 REPLY BRIEF re #77 MOTION to Compel Discovery from Defendant Marilyn Murphy filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent) Modified on 3/5/2012 to correct docket entry of text in all caps. (cem)
March 2, 2012 Filing 86 REPLY BRIEF re #76 MOTION to Compel Discovery from Gazebo Park Apartments of Acworth, LLC filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent) Modified on 3/5/2012 to correct docket entry of text in all caps. (cem)
March 1, 2012 Filing 85 REPLY to Response to Motion re #72 Second MOTION to Dismiss Counts One and Two of Plaintiff's Complaint, filed by Marilyn Murphy. (Winterich, Shawn)
February 27, 2012 Filing 84 MOTION for Extension of Time Respond to Motion to Compel re: #79 MOTION to Compel Discovery from Defendant M. Vincent Murphy, III with Brief In Support by M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support, #2 Exhibit Exhibit A to Brief in Support)(Kreimer, Stanley)
February 27, 2012 Filing 83 RESPONSE re #79 MOTION to Compel Discovery from Defendant M. Vincent Murphy, III filed by M. Vincent Murphy, III. (Attachments: #1 Exhibit Exhibit A)(Kreimer, Stanley)
February 24, 2012 Filing 82 NOTICE by Alliant Tax Credit Fund 31-A, Ltd. of Subpoena to Warner, Mayoue, Bates & McGough (Attachments: #1 Exhibit)(Arpey, Vincent)
February 23, 2012 Submission of #72 Second MOTION to Dismiss Counts One and Two of Plaintiff's Complaint, submitted to District Judge Richard W. Story. (cem)
February 21, 2012 Filing 81 REPLY BRIEF re #76 MOTION to Compel Discovery from Gazebo Park Apartments of Acworth, LLC filed by Gazebo Park Apartments of Acworth, LLC. (Winterich, Shawn) Modified on 2/22/2012 to correct docket entry of text in all caps. (cem)
February 21, 2012 Filing 80 REPLY BRIEF re #77 MOTION to Compel Discovery from Defendant Marilyn Murphy filed by Marilyn Murphy. (Winterich, Shawn) Modified on 2/22/2012 to correct text in all caps. (cem)
February 17, 2012 Filing 79 MOTION to Compel Discovery from Defendant M. Vincent Murphy, III with Brief In Support by Alliant Tax Credit Fund 31-A, Ltd.. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Arpey, Vincent)
February 16, 2012 Filing 78 RESPONSE in Opposition re #10 MOTION to Dismiss Counts One and Two of Plaintiffs' Complaint filed by Alliant Tax Credit Fund 31-A, Ltd.. (Arpey, Vincent)
February 7, 2012 Filing 77 MOTION to Compel Discovery from Defendant Marilyn Murphy with Brief In Support by Alliant Tax Credit Fund 31-A, Ltd.. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Arpey, Vincent) Modified on 2/8/2012 to correct text in all caps. (cem)
February 7, 2012 Filing 76 MOTION to Compel Discovery from Gazebo Park Apartments of Acworth, LLC with Brief In Support by Alliant Tax Credit Fund 31-A, Ltd.. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Arpey, Vincent) Modified on 2/8/2012 to correct text in all caps. (cem)
February 3, 2012 Filing 75 CERTIFICATE OF SERVICE by M. Vincent Murphy, III.(Kreimer, Stanley)
February 2, 2012 Filing 74 CERTIFICATE OF SERVICE of Amended Discovery Responses by Gazebo Park Apartments of Acworth, LLC.(Winterich, Shawn)
February 2, 2012 Filing 73 CERTIFICATE OF SERVICE of Amended Discovery Responses by Marilyn Murphy.(Winterich, Shawn)
February 2, 2012 Filing 72 Second MOTION to Dismiss Counts One and Two of Plaintiff's Complaint, with Brief In Support by Marilyn Murphy. (Winterich, Shawn)
January 9, 2012 Filing 71 CERTIFICATE OF SERVICE by Alliant Tax Credit Fund 31-A, Ltd..(Arpey, Vincent)
January 6, 2012 Filing 70 NOTICE of Change of Address for Michael Anthony Dunn, counsel for Affordable Realty Management Incorporated, Patrick Carroll (Dunn, Michael)
October 5, 2011 Filing 69 CERTIFICATE OF SERVICE by Community Management Services, Inc., Multifamily Housing Developers, L.L.C., M. Vincent Murphy, III.(Kreimer, Stanley)
October 4, 2011 Submission of #62 MOTION to Dismiss Counterclaim of Defendant Marilyn Murphy, submitted to District Judge Richard W. Story. (cem)
October 3, 2011 Filing 68 REPLY BRIEF re #62 MOTION to Dismiss Counterclaim of Defendant Marilyn Murphy filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
October 3, 2011 Filing 67 CERTIFICATE OF SERVICE of Responses to Plaintiffs' Discovery Requests by Patrick Carroll.(Dunn, Michael)
October 3, 2011 Filing 66 CERTIFICATE OF SERVICE of Responses to Plaintiffs' Discovery Requests by Affordable Realty Management Incorporated.(Dunn, Michael)
October 2, 2011 Filing 65 CERTIFICATE OF SERVICE of Discovery Responses by Gazebo Park Apartments of Acworth, LLC.(Winterich, Shawn)
October 2, 2011 Filing 64 CERTIFICATE OF SERVICE re #54 Certificate of Service, of Discovery Responses by Marilyn Murphy.(Winterich, Shawn)
September 19, 2011 Filing 63 RESPONSE in Opposition re #62 MOTION to Dismiss Counterclaim of Defendant Marilyn Murphy filed by Marilyn Murphy. (Winterich, Shawn)
August 29, 2011 Filing 62 MOTION to Dismiss Counterclaim of Defendant Marilyn Murphy with Brief In Support by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief, #2 Exhibit A)(Arpey, Vincent)
August 9, 2011 Filing 61 ANSWER to #1 COMPLAINT with Jury Demand by Multifamily Housing Developers, L.L.C..(Kreimer, Stanley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 9, 2011 Filing 60 ANSWER to #1 COMPLAINT with Jury Demand by Community Management Services, Inc..(Kreimer, Stanley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 9, 2011 Filing 59 ANSWER to #1 COMPLAINT with Jury Demand by M. Vincent Murphy, III.(Kreimer, Stanley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 9, 2011 Filing 58 Affirmative Defenses and ANSWER to #1 COMPLAINT with Jury Demand by Patrick Carroll.(Dunn, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 9, 2011 Filing 57 Affirmative Defenses and ANSWER to #1 COMPLAINT with Jury Demand by Affordable Realty Management Incorporated.(Dunn, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 3, 2011 Filing 56 COUNTERCLAIM against All Plaintiffs with Jury Demand, filed by Marilyn Murphy. (Contained in Answer.) (cem) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 3, 2011 Filing 55 ANSWER AND DEFENSES of Gazebo Park Apartments, LLC and ANSWER to #1 COMPLAINT with Jury Demand and Counterlclaim by Marilyn Murphy. Discovery ends on 1/3/2012.(Winterich, Shawn) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 3, 2011 Filing 54 CERTIFICATE OF SERVICE Rule 5.4 by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd..(Arpey, Vincent)
July 26, 2011 Opinion or Order Filing 53 ORDER granting in part and denying in part Defendants' Motions to Dismiss #3 , #10 , #12 , #17 , #23 , #25 and #26 ; denying Defendants' Motions for More Definite Statement #4 and #13 . Plaintiffs' Motions to Strike Defendants Carroll #35 and ARM's #36 Reply Briefs are granted. Defendants shall respond to Plaintiffs' Complaint #1 in accordance with the Federal Rules of Civil Procedure. Signed by Judge Richard W. Story on 7/26/11. (cem)
July 15, 2011 Opinion or Order Filing 52 CONSENT ORDER granting #51 Joint Motion for Consent Order Providing for Escrow of Net Sale Proceeds from Sale of the Martial Residence. Signed by Judge Richard W. Story on 7/14/11. (cem)
July 13, 2011 Filing 51 Joint MOTION for Order for Consent Order Providing for Escrow of Net Sale Proceeds from Sale of the Marital Residence by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Arpey, Vincent)
July 8, 2011 Submission of #35 MOTION to Strike #34 Reply to Response, and #36 MOTION to Strike #33 Reply to Response, submitted to District Judge Richard W. Story. (cem)
June 28, 2011 Filing 50 Initial Disclosures by Gazebo Park Apartments of Acworth, LLC(a Georgia limited liability company).(Winterich, Shawn)
June 28, 2011 Filing 49 Initial Disclosures by Marilyn Murphy.(Winterich, Shawn)
June 27, 2011 Filing 48 Certificate of Interested Persons by Gazebo Park Apartments of Acworth, LLC. (Winterich, Shawn)
June 24, 2011 Filing 47 INITIAL DISCLOSURES filed by Community Management Services, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kreimer, Stanley) Modified on 6/27/2011 to correct docket entry to reflect efiled pleading. (cem)
June 24, 2011 Filing 46 INITIAL DISCLOSURES filed by Multifamily Housing Developers, L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kreimer, Stanley) Modified on 6/27/2011 to correct the docket entry to reflect efiled pleading. (cem)
June 24, 2011 Filing 45 INITIAL DISCLOSURES PLAN filed by M. Vincent Murphy, III. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kreimer, Stanley) Modified on 6/27/2011 to correct docket entry to reflect efiled pleading. (cem)
June 24, 2011 Filing 44 Corporate Disclosure Statement by Affordable Realty Management Incorporated, Patrick Carroll by Affordable Realty Management Incorporated, Patrick Carroll.(Dunn, Michael)
June 24, 2011 Filing 43 Initial Disclosures by Patrick Carroll.(Dunn, Michael)
June 24, 2011 Filing 42 Initial Disclosures by Affordable Realty Management Incorporated.(Dunn, Michael)
June 24, 2011 Filing 41 Initial Disclosures by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D)(Arpey, Vincent)
June 15, 2011 Opinion or Order Filing 40 SCHEDULING ORDER: approving #39 Joint Preliminary Report and Discovery Plan. The case shall be placed on an 8-month discovery track. Signed by Judge Richard W. Story on 6/15/11. (cem)
June 14, 2011 Filing 39 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
June 13, 2011 Filing 38 RESPONSE in Opposition re #35 MOTION to Strike #34 Reply to Response to Motion or in the Alternative for Leave to File Surreply in Opposition MOTION to Strike #34 Reply to Response to Motion or in the Alternative for Leave to File Surreply in Opposition filed by Patrick Carroll. (Dunn, Michael)
June 13, 2011 Filing 37 RESPONSE in Opposition re #36 MOTION to Strike #33 Reply to Response to Motion or in the Alternative for Leave to File Surreply in Opposition MOTION to Strike #33 Reply to Response to Motion or in the Alternative for Leave to File Surreply in Opposition filed by Affordable Realty Management Incorporated. (Dunn, Michael)
June 10, 2011 Filing 36 MOTION to Strike #33 Reply to Response to Motion or in the Alternative for Leave to File Surreply in Opposition by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief)(Arpey, Vincent)
June 10, 2011 Filing 35 MOTION to Strike #34 Reply to Response to Motion or in the Alternative for Leave to File Surreply in Opposition by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Brief)(Arpey, Vincent)
June 8, 2011 Submission of #23 First MOTION to Dismiss Complaint for Failure to Comply with Federal Rules of Civil Procedure, #25 MOTION to Dismiss, #26 MOTION to Dismiss, submitted to District Judge Richard W. Story. (cem)
June 2, 2011 Filing 34 STRICKEN PER ORDER #53 REPLY to Response to Motion re #26 MOTION to Dismiss filed by Patrick Carroll. (Dunn, Michael) Modified on 7/26/2011 (cem).
June 2, 2011 Filing 33 STRICKEN PER ORDER #53 REPLY to Response to Motion re #25 MOTION to Dismiss filed by Affordable Realty Management Incorporated. (Dunn, Michael) Modified on 7/26/2011 (cem).
June 2, 2011 Submission of #17 MOTION to Dismiss Counts Seven and Nine of Complaint, submitted to District Judge Richard W. Story. (cem)
May 31, 2011 Filing 32 Notice for Leave of Absence for the following date(s): 07/06/11, 07/07/11, 07/08/11, 07/11/11,07/12/11,07/13/11,07/14/11,07/15/11, and 7/16/11 by Stanley Earle Kreimer, Jr. (Kreimer, Stanley) Modified on 6/1/2011 (cem).
May 24, 2011 Submission of #10 MOTION to Dismiss Counts One, Two and Nine of Complaint, submitted to District Judge Richard W. Story. (cem)
May 19, 2011 Filing 31 RESPONSE in Opposition re #23 First MOTION to Dismiss Complaint for Failure to Comply with Federal Rules of Civil Procedure filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
May 19, 2011 Filing 30 RESPONSE in Opposition re #25 MOTION to Dismiss filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
May 19, 2011 Filing 29 RESPONSE in Opposition re #26 MOTION to Dismiss filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
May 19, 2011 Submission of #3 MOTION to Dismiss Complaint, #4 MOTION for More Definite Statement, #12 MOTION to Dismiss, and #13 MOTION for More Definite Statement, submitted to District Judge Richard W. Story. (cem)
May 12, 2011 Filing 28 RESPONSE in Opposition re #17 MOTION to Dismiss Counts Seven and Nine of Complaint filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
May 4, 2011 Opinion or Order Filing 27 ORDER granting #22 Consent Motion to Seal Exhibit F to Complaint and to File Corrected Exhibit F. Signed by Judge Richard W. Story on 5/3/11. (cem)
May 2, 2011 Filing 26 MOTION to Dismiss with Brief In Support by Patrick Carroll. (Attachments: #1 Brief in support of Defendant Patrick Carroll's Motion to Dismiss)(Dunn, Michael)
May 2, 2011 Filing 25 MOTION to Dismiss with Brief In Support by Affordable Realty Management Incorporated. (Attachments: #1 Brief in support of Defendant Affordable Realty Management Incorporated's Motion to Dismiss)(Dunn, Michael)
May 2, 2011 Filing 24 RESPONSE in Opposition re #10 MOTION to Dismiss filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
May 2, 2011 Filing 23 First MOTION to Dismiss Complaint for Failure to Comply with Federal Rules of Civil Procedure with Brief In Support by Multifamily Housing Developers, L.L.C.. (Attachments: #1 Brief Brief of Defendant, Multi Family Housing Developers, LLC, in Support of Motion to Dismiss)(Kreimer, Stanley)
April 29, 2011 Filing 22 Consent MOTION to Seal Exhibit and to File Corrected Exhibit by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Attachments: #1 Exhibit Part I, #2 Exhibit Part II, #3 Exhibit Part III, #4 Text of Proposed Order)(Arpey, Vincent)
April 28, 2011 Filing 21 RESPONSE in Opposition re #13 MOTION for More Definite Statement filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
April 28, 2011 Filing 20 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to Comply With Federal Rules of Civil Procedure filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
April 28, 2011 Filing 19 RESPONSE in Opposition re #4 MOTION for More Definite Statement filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
April 28, 2011 Filing 18 RESPONSE in Opposition re #3 MOTION to Dismiss Complaint for Failure to Comply With Federal Rules of Civil Procedure filed by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. (Arpey, Vincent)
April 25, 2011 Filing 17 MOTION to Dismiss Counts Seven and Nine of Complaint with Brief In Support by Gazebo Park Apartments of Acworth, LLC. (Winterich, Shawn)
April 21, 2011 Filing 16 Notice for Leave of Absence for the following date(s): 05/16/11,05/17/11,05/18/11,05/19/11,05/20/11,05/23/11,05/24/11,05/25/11,05/26/11, 05/27/11,07/18/11,07/19/11,07/20/11,07/21/11,07/22/11,07/25/11,07/26/11,07/27/11,07/28/11, 07/29/11, by Stanley Earle Kreimer, Jr. (Kreimer, Stanley)
April 20, 2011 Filing 15 Notice for Leave of Absence for the following date(s): 7/6, 7/7, 7/8, 7/11, 7/12, 7/13, 7/14, 7/15, 7/18/11, 12/22, 12/23, 12/26, 12/27, 12/28, 12/29, 12/30/11, 1/2/12, 1/3/12, by Shawn Michael Winterich. (Winterich, Shawn)
April 20, 2011 Filing 14 NOTICE by Marilyn Murphy of Leave of Absence for 7/6/11-7/18/11 and 12/22/11-1/3/12 (Winterich, Shawn)
April 15, 2011 Filing 13 MOTION for More Definite Statement with Brief In Support by M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support)(Kreimer, Stanley)
April 15, 2011 Filing 12 MOTION to Dismiss with Brief In Support by M. Vincent Murphy, III. (Attachments: #1 Brief Brief in Support)(Kreimer, Stanley)
April 14, 2011 Filing 11 NOTICE by Marilyn Murphy re #10 MOTION to Dismiss Counts One, Two and Nine of Complaint (Winterich, Shawn)
April 14, 2011 Filing 10 MOTION to Dismiss Counts One, Two and Nine of Complaint with Brief In Support by Marilyn Murphy. (Attachments: #1 Memorandum in Support, #2 Certificate of Service)(cem)
April 14, 2011 Filing 9 NOTICE Of Filing by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. Acknowledgement of Service for Multifamily Housing Developers, LLC (Attachments: #1 Exhibit A)(Arpey, Vincent)
April 12, 2011 Filing 8 NOTICE Of Filing by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. (Attachments: #1 Exhibit A)(Arpey, Vincent)
April 12, 2011 Filing 7 NOTICE Of Filing Acknowledgment of Service by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd. re #6 Acknowledgment of Service, (Arpey, Vincent)
April 12, 2011 Filing 6 ACKNOWLEDGMENT OF SERVICE Executed filed by Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc., Alliant Tax Credit XI, Ltd.. Affordable Realty Management Incorporated served on 4/11/2011, answer due 5/2/2011. (Arpey, Vincent) Modified on 4/13/2011 to add "answer due" text. Incorrect event used. (cem)
April 11, 2011 Filing 5 Return of Service Executed by Plaintiffs. Community Management Services, Inc. served on 3/22/2011, answer due 4/12/2011; Gazebo Park Apartments of Acworth, LLC served on 4/5/2011, answer due 4/26/2011; M. Vincent Murphy, III served on 3/28/2011, answer due 4/18/2011; Marilyn Murphy served on 3/25/2011, answer due 4/15/2011. (cem)
April 11, 2011 Filing 4 MOTION for More Definite Statement with Brief In Support by Community Management Services, Inc.. (Attachments: #1 Brief Brief in Support)(Kreimer, Stanley)
April 11, 2011 Filing 3 MOTION to Dismiss Complaint with Brief In Support by Community Management Services, Inc.. (Attachments: #1 Brief Brief in Support)(Kreimer, Stanley)
March 17, 2011 Filing 2 Certificate of Interested Persons by Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc. and Alliant Tax Credit XI, Ltd.. (eop)
March 17, 2011 Filing 1 COMPLAINT filed by Alliant Tax Credit Fund XXVII, Ltd., Alliant Tax Credit 31, Inc., Alliant Tax Credit Fund 31-A, Ltd., Alliant Tax Credit Tax Credit XXVII, Inc., Alliant Tax Credit XI, Inc. and Alliant Tax Credit XI, Ltd.; and Summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 33661.) (Attachments: #1 Summons, #2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Additional attachment(s) added on 9/6/2012: #3 Corrected Main Document (Omitting Exhibit F Per #27 Order)) (adg).

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Search for this case: Alliant Tax Credit Fund 31-A, Ltd. et al v. Murphy et al
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Plaintiff: Alliant Tax Credit Fund 31-A, Ltd.
Represented By: Brian David Netter
Represented By: Edward David Johnson
Represented By: Evan Mark Tager
Represented By: Michael Brent McDonald
Represented By: Walter Henry Bundy, Jr.
Represented By: Bryan Scott Kaplan
Represented By: David B. Darden
Represented By: John P. Hutchins
Represented By: Keith Jerrod Barnett
Represented By: Puja Patel Lea
Represented By: Vincent Justin Arpey
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Plaintiff: Alliant Tax Credit 31, Inc.
Represented By: Brian David Netter
Represented By: Edward David Johnson
Represented By: Evan Mark Tager
Represented By: Michael Brent McDonald
Represented By: Walter Henry Bundy, Jr.
Represented By: Bryan Scott Kaplan
Represented By: David B. Darden
Represented By: John P. Hutchins
Represented By: Keith Jerrod Barnett
Represented By: Kurt Eric Lentz
Represented By: Patricia Anne Gorham
Represented By: Puja Patel Lea
Represented By: Vincent Justin Arpey
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Plaintiff: Alliant Tax Credit Fund XXVII, Ltd.
Represented By: Brian David Netter
Represented By: Edward David Johnson
Represented By: Evan Mark Tager
Represented By: Michael Brent McDonald
Represented By: Walter Henry Bundy, Jr.
Represented By: Bryan Scott Kaplan
Represented By: David B. Darden
Represented By: John P. Hutchins
Represented By: Keith Jerrod Barnett
Represented By: Kurt Eric Lentz
Represented By: Patricia Anne Gorham
Represented By: Puja Patel Lea
Represented By: Vincent Justin Arpey
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Plaintiff: Alliant Tax Credit Tax Credit XXVII, Inc.
Represented By: Brian David Netter
Represented By: Edward David Johnson
Represented By: Evan Mark Tager
Represented By: Michael Brent McDonald
Represented By: Walter Henry Bundy, Jr.
Represented By: Bryan Scott Kaplan
Represented By: David B. Darden
Represented By: John P. Hutchins
Represented By: Keith Jerrod Barnett
Represented By: Kurt Eric Lentz
Represented By: Patricia Anne Gorham
Represented By: Puja Patel Lea
Represented By: Vincent Justin Arpey
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Plaintiff: Alliant Tax Credit XI, Inc.
Represented By: Brian David Netter
Represented By: Edward David Johnson
Represented By: Evan Mark Tager
Represented By: Michael Brent McDonald
Represented By: Walter Henry Bundy, Jr.
Represented By: Bryan Scott Kaplan
Represented By: David B. Darden
Represented By: John P. Hutchins
Represented By: Keith Jerrod Barnett
Represented By: Kurt Eric Lentz
Represented By: Patricia Anne Gorham
Represented By: Puja Patel Lea
Represented By: Vincent Justin Arpey
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Plaintiff: Alliant Tax Credit XI, Ltd.
Represented By: Brian David Netter
Represented By: Edward David Johnson
Represented By: Evan Mark Tager
Represented By: Michael Brent McDonald
Represented By: Walter Henry Bundy, Jr.
Represented By: David B. Darden
Represented By: John P. Hutchins
Represented By: Keith Jerrod Barnett
Represented By: Kurt Eric Lentz
Represented By: Patricia Anne Gorham
Represented By: Puja Patel Lea
Represented By: Vincent Justin Arpey
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Defendant: M. Vincent Murphy, III
Represented By: Stanley Earle Kreimer, Jr.
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Defendant: Marilyn Murphy
Represented By: Henry Lane Young, II
Represented By: Shawn Michael Winterich
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Defendant: Patrick Carroll
Represented By: Michael Anthony Dunn
Represented By: Pelham Wilder, IV
Represented By: Simon Robert Malko
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Defendant: Multifamily Housing Developers, L.L.C.
Represented By: Stanley Earle Kreimer, Jr.
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Defendant: Community Management Services, Inc.
Represented By: Stanley Earle Kreimer, Jr.
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Defendant: Gazebo Park Apartments of Acworth, LLC
Represented By: Richard Kennon Hines, V
Represented By: Shawn Michael Winterich
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Defendant: Affordable Realty Management Incorporated
Represented By: Michael Anthony Dunn
Represented By: Pelham Wilder, IV
Represented By: Simon Robert Malko
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