Bay Point Capital Partners II, LP v. Hoplite, Inc. et al
| Bay Point Capital Partners II, LP |
| Hoplite Entertainment, Inc., Jonathan Lee Smith and Hoplite, Inc. |
| Columbia State Bank |
| 1:2021cv00375 |
| January 22, 2021 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Mark H Cohen |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 |
| None |
Docket Report
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This docket was last retrieved on March 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 35 MOTION to Dismiss Verified Amended Complaint and Request for Expedited Hearing with #34 Memorandum In Support by Hoplite Entertainment, Inc., Hoplite, Inc., Jonathan Lee Smith. (Cohan, Louis) Modified on 3/23/2021 to edit text to accurately reflect e-filed document (jta). |
| Filing 34 MEMORANDUM in Support of Motion to Dismiss Verified Amended Complaint and Request for Expedited Hearing with Brief In Support by Hoplite Entertainment, Inc., Hoplite, Inc., Jonathan Lee Smith. (Cohan, Louis) Modified on 3/22/2021 to edit text to accurately reflect e-filed document(jta). |
| Notification of Docket Correction re #34 MOTION to Dismiss Verified Amended Complaint and Request for Expedited Hearing. Incorrect pdf filed and event used. Clerk has made the necessary corrections and termed motion. Attorney notified to file Motion. (jta) |
| Plaintiff's documentary exhibits #25 from the Motion Hearing held on February 10, 2021, were destroyed as directed in #26 Exhibit Return Notification (mec) |
| Filing 33 NOTICE of Appearance by John D. Elrod on behalf of Porta Pellex, LLC (Elrod, John) |
Filing 32
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (adg) (ADI)
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ORDER (by docket entry only) denying as moot Defendants' #29 Motion to Dismiss in the light of Plaintiff's #31 Amended Complaint. Ordered by Judge Michael L. Brown on 3/9/2021. (bgt)
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| Filing 31 AMENDED COMPLAINT against Hoplite Entertainment, Inc., Hoplite, Inc., Jonathan Lee Smith filed by Bay Point Capital Partners II, LP. (Attachments: #1 Ex A - Email, #2 Ex B - License Agreement, #3 Ex C - License Agreement, #4 Ex D - Acquisition Agreement, #5 Ex E - Loan Agreement, #6 Ex F - Note, #7 Ex G - Guaranty Agreement, #8 Ex H - Forbearance Agreement, #9 Ex I - Second Forbearance Agreement, #10 Ex J - Email, #11 Ex K - Email, #12 Ex L - License Agreement, #13 Ex M - Letter, #14 Ex N - Lien Search Certificates, #15 Ex O - Email, #16 Ex P - Email, #17 Ex Q - Standby Creditor's Agreement, #18 Ex R - Email, #19 Ex S - Email, #20 Ex T - Email, #21 Ex U - UCC Financing Statement)(Peurach, Alexandra) 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. |
| Notification of Docket Correction re #30 MOTION to Supplement. Incorrect event used. The Clerk has made the necessary corrections and termed the motion. (jta) |
| Notification of Docket Correction re #29 MOTION to Dismiss MOTION for Hearing. Two-part motion filed as one-part. The Clerk has made the necessary corrections. (jta) |
| Filing 30 MEMORANDUM in Support re #29 MOTION to Dismiss and Request for Expedited Hearing with Brief In Support by Hoplite Entertainment, Inc., Hoplite, Inc., Jonathan Lee Smith. (Cohan, Louis) Modified on 2/23/2021 to edit text to accurately reflect e-filed document (jta). |
| Filing 29 MOTION to Dismiss and Request for Expedited Hearing with Brief In Support by Hoplite Entertainment, Inc., Hoplite, Inc., Jonathan Lee Smith. (Attachments: #1 Brief)(Cohan, Louis) . Added MOTION for Hearing on 2/23/2021 (jta). Modified on 2/23/2021; attached brief-pdf corrupt(jta). |
| Filing 28 Minute Entry for proceedings held before Judge Michael L. Brown: Status Conference held on 2/11/2021. Teleconference held regarding Plaintiff's #3 Motion to Appoint Receiver. (Court Reporter Jana B. Colter)(jta) |
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Filing 27
ORDER. Bay Point's #3 Motion for Appointment of Receiver is CONTINUED on the terms and conditions set forth herein. A hearing is set before this Court in the United States Courthouse located at 75 Ted Turner Drive SW, Atlanta, Georgia 30303, Courtroom 1906, on March 24, 2021, at 10:00 a.m., at which time Bay Point, Defendants, and any other affected persons shall appear before the Court to provide the Court with any relevant updates regarding the status of the implementation of the relief set forth in this Order, any relevant information obtained during the implementation of the relief set forth in this Order, and to advise the Court whether a further continuance of the Motion (Dkt. 3) is warranted under the circumstances. This Order and preliminary injunction shall continue in full force and effect until further order of this Court, and this Court retains jurisdiction of this matter for all purposes. Any violation of the term(s) of this order will be punishable by contempt and other appropriate relief that this Court finds just and proper. (See order for details.) Signed by Judge Michael L. Brown on 2/11/2021. (bgt)
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| Filing 26 NOTICE TO COUNSEL OF RECORD regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #25 Exhibits. (ddm) |
| Filing 25 Plaintiff's Exhibits admitted and retained at the #24 Motion Hearing have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit O, #14 Exhibit P, #15 Exhibit Q, #16 Exhibit R, #17 Exhibit S, #18 Exhibit T, #19 Exhibit U)(ddm) |
| Filing 23 NOTICE of Appearance by Gwendolyn J. Godfrey on behalf of Columbia State Bank (Godfrey, Gwendolyn) |
| Set Deadlines/Hearings: Hearing set for 3/24/2021 at 10:00 AM in ATLA Courtroom 1906 before Judge Michael L. Brown. (bgt) |
| Filing 24 Minute Entry for proceedings held before Judge Michael L. Brown: Motion Hearing held on 2/10/2021 re #3 Emergency MOTION to Appoint Receiver filed by Bay Point Capital Partners II, LP. The Court heard argument on the motion. Plaintiff presented the following witness: Chandler Rierson. The following exhibits were admitted: Plaintiff's exhibits A, B, C, D, E, F, G, H, I, J, K, L, O, P, Q, R, S, T, and U. The parties shall submit a proposed order to the Court. (Court Reporter Jana B. Colter)(jta) |
| NOTICE CONVERTING HEARING (by docket entry only): The Court CONVERTS the hearing on Plaintiff's #3 Emergency Motion to Appoint Receiver to an in person hearing to take place on 2/10/2021 at 2:00 PM in ATLA Courtroom 1906 before Judge Michael L. Brown. (bgt) |
| Filing 22 NOTICE Of Filing Proposed Receivership Order by Bay Point Capital Partners II, LP re #3 Emergency MOTION to Appoint Receiver (Attachments: #1 Proposed Order)(Peurach, Alexandra) |
| Filing 21 RESPONSE re #3 Emergency MOTION to Appoint Receiver filed by Hoplite Entertainment, Inc., Hoplite, Inc., Jonathan Lee Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cohan, Louis) Modified on 2/8/2021 to edit text and remove double wording (jta). |
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ORDER (by docket entry only). Counsel for Defendants has requested a continuance of the hearing set for 2/5/2021 and the filing deadline of 2/4/2021. Having considered the request, it is GRANTED. The Court CONTINUES the hearing via videoconference (Zoom) on Plaintiff's #3 Emergency Motion to Appoint Receiver to Wednesday, February 10, 2021, at 2:00 p.m. The Court ORDERS Defendants to respond to the motion no later than 12:00 p.m. (noon) on Monday, February 8, 2021. Given Plaintiff's request for expedited relief, the Court ORDERS, no later than 12:00 p.m. (noon) on Monday, February 8, 2021, Plaintiff to file and email to the Courtroom Deputy Clerk (Benjamin_Thurman@gand.uscourts.gov) in Microsoft Word format a proposed order granting its motion. By requiring a proposed order be filed, the Court is not suggesting that it has reached any determination on the motion. Connection instructions for the hearing are as follows: https://ganduscourts.zoomgov.com/j/1610104436. Meeting ID: 161 010 4436. Passcode: 923005. Call-in number: 1-646-828-7666. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. Ordered by Judge Michael L. Brown on 2/4/2021. (bgt)
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| Filing 20 CERTIFICATE OF SERVICE re Notice of Video/Telephone Proceeding, by Bay Point Capital Partners II, LP.(Peurach, Alexandra) Modified on 2/3/2021 to edit text to remove excess punctuation(jta). |
| Filing 19 NOTICE of Appearance by Louis R. Cohan on behalf of Hoplite Entertainment, Inc., Hoplite, Inc., Jonathan Lee Smith (Cohan, Louis) |
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ORDER (by docket entry only). The Court SETS a hearing via videoconference (Zoom) on Plaintiff's #3 Emergency Motion to Appoint Receiver for Friday, February 5, 2021, at 10:00 a.m. The Court ORDERS Plaintiff to immediately serve a copy of this order on counsel for Defendants, who is required to appear at Friday's hearing. The Court ORDERS Defendants to respond to the motion no later than 12:00 p.m. (noon) on Thursday, February 4, 2021. Given Plaintiff's request for expedited relief, the Court ORDERS, no later than 12:00 p.m. (noon) on Thursday, February 4, 2021, Plaintiff to file and email to the Courtroom Deputy Clerk (Benjamin_Thurman@gand.uscourts.gov) in Microsoft Word format a proposed order granting its motion. By requiring a proposed order be filed, the Court is not suggesting that it has reached any determination on the motion. Connection instructions for the hearing are as follows: https://ganduscourts.zoomgov.com/j/1610104436. Meeting ID: 161 010 4436. Passcode: 923005. Call-in number: 1-646-828-7666. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. Ordered by Judge Michael L. Brown on 2/2/2021. (bgt)
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| Filing 18 CERTIFICATE OF SERVICE re #3 MOTION to Appoint Receiver by Bay Point Capital Partners II, LP.(Peurach, Alexandra) |
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Filing 17
STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 1/11/2021. (bgt)
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| Filing 16 WAIVER OF SERVICE Returned Executed by Bay Point Capital Partners II, LP. Jonathan Lee Smith waiver mailed on 1/27/2021, answer due 3/29/2021. (Peurach, Alexandra) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Bay Point Capital Partners II, LP. Hoplite Entertainment, Inc. waiver mailed on 1/27/2021, answer due 3/29/2021. (Peurach, Alexandra) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Bay Point Capital Partners II, LP. Hoplite, Inc. waiver mailed on 1/27/2021, answer due 3/29/2021. (Peurach, Alexandra) |
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Filing 13
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (adg) (ADI)
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| Notification of Docket Correction re #11 Notice (Other), #12 Notice (Other), #9 Notice (Other). Incorrect events used. The Clerk has made the necessary corrections. (jta) |
| Filing 12 REQUEST FOR WAIVER of Service mailed to Hoplite Entertainment, Inc., on 1/27/2021 . (Peurach, Alexandra) Modified on 1/28/2021 to edit text to accurately reflect e-filed document (jta). |
| Filing 11 REQUEST FOR WAIVER of Service mailed to Jonathan Lee Smith on 1/27/2021 . (Peurach, Alexandra) Modified on 1/28/2021 to edit text to accurately reflect e-filed document(jta). |
| Filing 10 DOCUMENT FILED IN ERRORNOTICE by Bay Point Capital Partners II, LP of a Lawsuit and Request to Waive Service of a Summons as to Hoplite Entertainment, Inc. (Peurach, Alexandra) Document to be re-filed, per call from counsel on 1/27/2021 (fem). |
| Filing 9 REQUEST FOR WAIVER of Service mailed to Hoplite, Inc. on 1/27/2021 . (Peurach, Alexandra) Modified on 1/28/2021 to edit text to accurately reflect e-filed document(jta). |
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Filing 8
ORDER OF RECUSAL. Judge Mark H. Cohen recused. Case reassigned to Judge Michael L. Brown for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-375-MLB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Mark H. Cohen on 1/27/21. (jpa)
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Filing 7
STANDING ORDER regarding civil litigation. Signed by Judge Mark H. Cohen on 1/25/21. (jpa)
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| Filing 6 Electronic Summons Issued as to Jonathan Lee Smith. (eop) |
| Filing 5 Electronic Summons Issued as to Hoplite Entertainment, Inc.. (eop) |
| Filing 4 Electronic Summons Issued as to Hoplite, Inc.. (eop) |
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NINTH 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 12/8/20. (eop)
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| Filing 3 MOTION to Appoint Receiver with Memorandum of Law In Support by Bay Point Capital Partners II, LP. (Attachments: #1 Memorandum of Law)(eop) |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Bay Point Capital Partners II, LP identifying Other Affiliate, Bay Point Advisors, LLC for Bay Point Capital Partners II, LP. (eop) |
| Filing 1 COMPLAINT filed by Bay Point Capital Partners II, LP. (Filing fee $402.00, receipt number AGANDC-10639371) (Attachments: #1 Exhibit -A -Email, #2 Exhibit -B -License Agreement, #3 Exhibit -C -License Agreement, #4 Exhibit -D -Acquisition Agreement, #5 Exhibit -E -Loan Agreement, #6 Exhibit -F -Note, #7 Exhibit -G -Guaranty Agreement, #8 Exhibit -H -Forbearance Agreement, #9 Exhibit -I -Second Forbearance, #10 Exhibit -J -Email, #11 Exhibit -K -Email, #12 Exhibit -L -License Agreement, #13 Exhibit -M -Consent Letter/ Standby Agreement/SBA Loan, #14 Exhibit -N -Lien Search Certificates, #15 Civil Cover Sheet)(eop) 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. |
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