Perrie & Associates, LLC v. Ballhagen
| Perrie & Associates, LLC |
| Wells Fargo Bank, National Association, John Doe, Truist Financial Corporation, David Leon Ballhagen and Regions Bank |
| 1:2020cv01861 |
| April 30, 2020 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 18, 2020. A more recent docket listing may be available from PACER.
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Filing 62
ORDER: Pursuant to L.R. 67.1, the clerk is authorized and directed to draw a check on the funds on deposit in the registry of this Court in the principal amount of $2,400.00, plus all accrued interest, minus any statutory users fees, payable to Perrie & Associates, LLC, and mail or deliver the check to Mark Lefkow, Copeland Stair Kingma & Lovell, LLP, 191 Peachtree Street, Ste. 1500, Atlanta, GA 30303. Signed by Judge Amy Totenberg on 6/18/2020. c:Financial Office(bnp)
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| Clerk's Certificate of Mailing as to David Leon Ballhagen re #62 Order. (bnp) |
| Clerk's Certificate of Mailing as to David Leon Ballhagen re #59 Order on Motion to Dismiss. (bnp) |
| Funds Deposited per Order: $ 400.00, receipt number GANCCA20-00047 (bnp) |
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Filing 61
CONSENT ORDER AND JUDGMENT re #60 Motion to Approve Consent Judgment. Signed by Judge Amy Totenberg on 5/28/2020. (bnp)
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| Filing 60 MOTION to Approve Consent Judgment by Perrie & Associates, LLC. (Attachments: #1 Text of Proposed Order Consent Order and Judgment)(Lefkow, Mark) |
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Filing 59
ORDER granting #58 Motion to Dismiss International Financial Enterprise Bank, to Dissolve Temporary Restraining Order, and for Other Relief. Signed by Judge Amy Totenberg on 5/28/2020. (bnp)
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| Filing 58 MOTION to Dismiss International Financial Enterprise Bank and to Dissolve TRO by Perrie & Associates, LLC. (Attachments: #1 Text of Proposed Order Consent Order)(Lefkow, Mark) |
| Civil Case Terminated. (bnp) |
| Clerk's Certificate of Mailing as to David Leon Ballhagen re #61 Consent Order and Judgment (bnp) |
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Filing 57
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (adg) (ADI)
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| Filing 56 AFFIDAVIT of Service for Order, Motion for TRO, Brief in Support of TRO, Subpoena , as to International Financial Enterprise Bank, Inc.. (Lefkow, Mark) |
| Filing 55 AFFIDAVIT of Service for Order, Motion for TRO, Brief in Support of TRO, Subpoena , as to FirstBank Puerto Rico. (Lefkow, Mark) |
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Filing 54
SEALED ORDER granting #44 Motion to Add Parties and Amend Complaint, #45 Third Motion for TRO, and #49 Motion for Leave to File Under Seal. (See Order for further directives.) Signed by Judge Amy Totenberg on 5/20/2020. (bnp) (bnp).
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| Filing 53 Minute Entry for proceedings held before Judge Amy Totenberg: Evidentiary Hearing held on 5/20/2020. Teleconference re #45 Motion for TRO. Plaintiff is directed to provide a proposed order to the Court. (Court Reporter Shannon Welch)(bnp) |
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ORDER, by docket entry only, granting #49 and #50 Motions for Leave to File Matters Under Seal. By Judge Amy Totenberg on 5/20/20. (hfm)
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ORDER, by docket entry only, granting #51 Motion to Drop Party, to Dissolve Temporary Restraining Order, and Other Relief Truist Bank and #52 Motion to Drop Party, to Dissolve Temporary Restraining Order, and Other Relief Regions Bank. By Judge Amy Totenberg on 5/20/20. (hfm)
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| Filing 52 MOTION to Drop Party, to Dissolve Temporary Restraining Order, and Other Relief Regions Bank with Proposed Consent Order with Brief In Support by Perrie & Associates, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Lefkow, Mark) Modified on 5/20/2020 to edit event type (bnp). |
| Filing 51 MOTION to Drop Party, to Dissolve Temporary Restraining Order, and Other Relief Truist Bank with Proposed Consent Order with Brief In Support by Perrie & Associates, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Lefkow, Mark) Modified on 5/20/2020 to edit event type (bnp). |
| Submission of #45 Emergency MOTION for Amended Ex Parte Temporary Restraining Order and MOTION for Interlocutory/Preliminary Injunction to District Judge Amy Totenberg. (bnp) |
| Filing 50 MOTION for Leave to File Matters Under Seal re: #46 Notice of Filing, #48 Notice of Filing, #47 Notice of Filing by Perrie & Associates, LLC. (Lefkow, Mark) |
| Filing 49 MOTION for Leave to File Matters Under Seal re: #25 Notice of Filing by Perrie & Associates, LLC. (Lefkow, Mark) |
| Filing 48 SEALED NOTICE Of Filing Brief in Support of Motion for Temporary Restraining Order with Exhibits by Perrie & Associates, LLC re #45 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit #1 - Crawford Declaration, #2 Exhibit #2 - Ballhagen Declaration, #3 Exhibit #3 - Declaration and Certification of Mark Lefkow)(Lefkow, Mark) Modified on 5/20/2020 (hfm). |
| Filing 47 SEALED THIRD AMENDED COMPLAINT by Perrie & Associates, LLC re #44 MOTION to Add Party (Lefkow, Mark) Modified on 5/19/2020 to edit event text(bnp). Modified on 5/20/2020 (hfm). |
| Filing 46 SEALED NOTICE Of Filing Brief in Support of Motion to Add Party by Perrie & Associates, LLC re #44 MOTION to Add Party (Lefkow, Mark) Modified on 5/20/2020 (hfm). |
| Filing 45 Emergency MOTION for Amended Ex Parte Temporary Restraining Order and MOTION for Interlocutory/Preliminary Injunction with Brief In Support by Perrie & Associates, LLC. (Lefkow, Mark) . Added MOTION for Preliminary Injunction on 5/19/2020 (bnp). |
| Filing 44 MOTION to Add Party and MOTION to Amend Complaint with Brief In Support by Perrie & Associates, LLC. (Lefkow, Mark) . AddedMOTION to Amend on 5/19/2020 (bnp). |
| Filing 43 ACKNOWLEDGMENT OF SERVICE Executed filed by Perrie & Associates, LLC. David Leon Ballhagen served on 5/15/2020. (Lefkow, Mark) Modified on 5/18/2020 to edit name of party served(bnp). |
| Filing 42 Electronic Summons Issued as to David Ballhagen (bnp) |
| Filing 41 PROPOSED SUMMONS filed by Perrie & Associates, LLC (Lefkow, Mark) |
| Filing 40 MOTION for Leave to File Matters Under Seal re: #39 Notice of Filing by Perrie & Associates, LLC. (Attachments: #1 Text of Proposed Order)(Lefkow, Mark) |
| Filing 39 PROVISIONALLY SEALED NOTICE Of Filing Declaration of David Leon Ballhagen by Perrie & Associates, LLC (Lefkow, Mark) |
| Filing 38 NOTICE of Appearance by Mark James Windham on behalf of Truist Financial Corporation f/k/a SunTrust Bank (Windham, Mark) |
| Filing 37 NOTICE of Appearance by John Hartshorn Elliott on behalf of Regions Bank (Elliott, John) |
| Filing 36 NOTICE of Appearance by William J. Holley, II on behalf of Regions Bank (Holley, William) |
| Filing 35 AFFIDAVIT of Service for TRO, Account Number Disclosure Subpoena , as to Truist Financial Corporation. (Lefkow, Mark) |
| Filing 34 AFFIDAVIT of Service for Subpoena, TRO, Account Number Disclosure, , as to Regions Bank. (Lefkow, Mark) |
| Clerk's Entry of Dismissal APPROVING #32 Notice of Voluntary Dismissal as to Defendant Wells Fargo Bank, National Association pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (bnp) |
| Filing 32 NOTICE of Voluntary Dismissal as to Defendant Wells Fargo Bank, National Association filed by Wells Fargo Bank, National Association (Reise, Sarah) |
| Filing 31 Second MOTION for Leave to File Matters Under Seal re: #30 Notice of Filing by Perrie & Associates, LLC. (Lefkow, Mark) |
| Filing 30 SEALED SECOND AMENDED COMPLAINT by Perrie & Associates, LLC (Lefkow, Mark) Modified on 5/8/2020 (hfm). Modified on 5/8/2020 to edit event text(bnp). |
| Filing 29 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 5/8/2020 re Motion to Add Parties and Amend the TRO. (Court Reporter Shannon Welch)(bnp) |
| Filing 28 MOTION for Leave to File Matters Under Seal re: #27 Notice of Filing, #23 Notice (Other), #25 Notice of Filing, #24 Notice of Filing, #26 Notice of Filing by Perrie & Associates, LLC. (Lefkow, Mark) |
| Filing 27 SEALED NOTICE Of Filing Signed Declaration of Mark Lefkow with Exhibits by Perrie & Associates, LLC re #22 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction (Amended TRO Motion), #24 Notice of Filing, (Lefkow, Mark) Modified on 5/8/2020 (hfm). |
| Filing 26 SEALED FIRST AMENDED COMPLAINT by Perrie & Associates, LLC (Lefkow, Mark) Modified on 5/8/2020 (hfm). Modified on 5/8/2020 to edit event text (bnp). |
| Filing 25 SEALED NOTICE Of Filing Brief in Support of Motion for Leave to File Under Seal by Perrie & Associates, LLC (Lefkow, Mark) Modified on 5/8/2020 (hfm). |
| Filing 24 SEALED NOTICE Of Filing Brief in Support of Motion for Temporary Restraining Order by Perrie & Associates, LLC re #22 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction (Amended TRO Motion) (Attachments: #1 Exhibit Declaration and Certification of Mark Lefkow with Transactions Exhibits)(Lefkow, Mark) Modified on 5/8/2020 (hfm). |
| Filing 23 SEALED NOTICE of Brief in Support of Motion to add Parties by Perrie & Associates, LLC re #21 MOTION to Add Party (Lefkow, Mark) Modified on 5/8/2020 to provisionally seal doc as attorney filed public in error (adg). Modified on 5/8/2020 (hfm). Modified on 5/8/2020 to edit text (bnp). |
| Filing 22 Emergency MOTION for Amended Ex Parte Temporary Restraining Order IMMEDIATE HEARING REQUESTED, MOTION for Preliminary Injunction (Amended TRO Motion) by Perrie & Associates, LLC. (Lefkow, Mark) Modified on 5/8/2020 to edit event text (bnp). |
| Filing 21 MOTION to Add Party by Perrie & Associates, LLC. (Lefkow, Mark) |
| Filing 20 NOTICE of Appearance by Sarah Tope Reise on behalf of Wells Fargo Bank, National Association (Reise, Sarah) |
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ORDER, by docket entry only, granting #31 Motion for Leave to File Matters Under Seal. By Judge Amy Totenberg on 5/8/20. (hfm)
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| Notification of Docket Correction re #23 Notice (Other). Modified on 5/8/2020 to provisionally seal doc as attorney filed public in error (adg) |
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ORDER, by docket entry only, granting #28 Motion for Leave to File Matters Under Seal. By Judge Amy Totenberg on 5/8/20. (hfm)
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| Filing 19 NOTICE by Perrie & Associates, LLC re #15 Order on Motion for Miscellaneous Relief,,, Issuance of Corrected Subpoena to Wells Fargo, N.A. (Attachments: #1 Exhibit Corrected Subpoena to Wells Fargo Bank, N.A.)(Lefkow, Mark) |
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Filing 18
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (mmc) (ADI)
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| Filing 17 CERTIFICATE OF SERVICE re #15 Order on Motion for Miscellaneous Relief,,, Issuance of Subpoena on Wells Fargo, N.A. by Perrie & Associates, LLC. (Attachments: #1 Exhibit Subpoena to Wells Fargo)(Lefkow, Mark) |
| Filing 16 AFFIDAVIT of Service for Summons, Complaint, Subpoena, Motion for Temporary Restraining Order, Order Granting Temporary Restraining Order, Account Number Disclosure, Motion to Authorize Pre-Service Depositions, Order Authorizing Pre-Service Depositions , as to Wells Fargo Bank, N.A.. (Lefkow, Mark) |
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Filing 15
ORDER - This matter is before the Court on Plaintiffs' Motion for Leave of Court to Take Pre-Service Depositions to Ascertain the Identity of the John Doe Defendants. [Doc. #3 .] For good cause shown, the Court GRANTS the Motion. IT IS FURTHER ORDERED that Plaintiff may take pre-service depositions and issue subpoenas to ascertain the identities of John Doe and to ascertain the disposition of funds in Wells Fargo account number xxxxxx5898 ("Wells Fargo Account") since April 21, 2020 (the date of the allegedly fraudulent wire transfer). Defendant Wells Fargo Bank, N.A., shall provide timely notice to the account holder of any subpoenas issued pursuant to this Order to allow the account holder ten days to object prior to production of the documents subpoenaed. Signed by Judge Amy Totenberg on 5/1/2020. (tcc)
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| Filing 14 Summons Issued as to Wells Fargo Bank, National Association. (kt) |
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Filing 13
ORDER - The Court has carefully reviewed the entire record and the factors for granting a Temporary Restraining Order and finds the Plaintiff has met its burden under Rule 65(b) of establishing the necessity of an ex parte temporary restraining order at this early stage of the litigation. The Court GRANTS the motion for a temporary restraining order. As a result, the Defendants and any person or entities acting in concert with or on behalf of the Defendants, are TEMPORARILY RESTRAINED AND ENJOINED from distributing, withdrawing, transferring or otherwise negotiating funds from Account xxxxxx5898 at Wells Fargo until further order of the Court. In addition, the Court ORDERS the following: (SEE ORDER FOR SPECIFICS) Signed by Judge Amy Totenberg on 5/1/2020. (tcc)
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| Filing 12 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 5/1/2020. Plaintiff to file $2,000.00 Bond by Monday. Written Order to follow. (Court Reporter Shannon Welch)(tcc) |
| Filing 11 PROPOSED SUMMONS filed by Perrie & Associates, LLC as to Wells Fargo Bank, National Association (Lefkow, Mark) |
| Filing 10 AFFIDAVIT re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTEDMOTION Interlocutory Injunction MOTION for Preliminary Injunction Declaration of Mark Lefkow by Perrie & Associates, LLC. (Lefkow, Mark) |
| NOTICE of Hearing Placeholder by docket entry only: Hearing tentatively scheduled for 5/13/2020 at 02:00 PM in ATLA Courtroom 2308 before Judge Amy Totenberg. (hfm) |
| TRO Bond Paid: $ 2,000.00, receipt number GAN100121107 (bnp) |
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Filing 9
AMENDED GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/2020. (tcc)
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| Filing 8 CERTIFICATE of Compliance - Standing Order (Lefkow, Mark) |
| Filing 7 PROPOSED ORDER Granting Motion to Issue Pre-Service Subpoenas re: #3 MOTION to Authorize Pre-Service Depositions. (Lefkow, Mark) |
| Filing 6 PROPOSED ORDER Granting Temporary Restraining Order and Other Relief re: Submission to District Judge,. (Lefkow, Mark) |
| Filing 5 Corporate Disclosure Statement by Perrie & Associates, LLC by Perrie & Associates, LLC.(Lefkow, Mark) |
| Filing 4 NOTICE Of Filing Affidavit of Jennifer Compton by Perrie & Associates, LLC. (tcc) |
| Filing 3 EMERGENCY MOTION to Authorize Pre-Service Depositions with Brief In Support by Perrie & Associates, LLC. (Attachments: #1 Brief In Support)(tcc) |
| Filing 2 IMMEDIATE HEARING REQUESTED EMERGENCY MOTION for EX PARTE Temporary Restraining Order, MOTION Interlocutory Injunction, MOTION for Preliminary Injunction with Brief In Support by Perrie & Associates, LLC. (Attachments: #1 Brief In Support)(tcc) |
| Filing 1 COMPLAINT filed by Perrie & Associates, LLC. (Filing fee $400, receipt number AGANDC-9643122) (Attachments: #1 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, MOTION Interlocutory Injunction MOTION for Preliminary Injunction, #3 MOTION to Authorize Pre-Service Depositions, to District Judge Amy Totenberg. (tcc) |
| NOTICE SCHEDULING TELECONFERENCE by docket entry only. Teleconference set for 5/1/2020 at 11:30 AM before Judge Amy Totenberg. (hfm) |
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