X-Caliber Capital LLC v. Charleston HCC LLC et al
| X-Caliber Capital LLC and X-Caliber Capital Corp |
| Charleston HCC LLC, Cumberland HCC LLC, Petersen MT4 LLC, Charleston HCO LLC, Cumberland HCO LLC and DOES 1-12 |
| Illinois Department of Public Health |
| Michael F Flanagan |
| 2:2024cv02034 |
| February 6, 2024 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Real Property: Foreclosure |
| None |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/4/2024. Defendants' unopposed Motion for Extension of Time #26 is GRANTED. Defendants' deadline to file a responsive pleading is extended to 5/7/24.(BMG)
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| Filing 26 MOTION to Extend Responsive Pleading Deadline (Unopposed/Agreed) by Defendants Charleston HCC LLC, Charleston HCO LLC, Cumberland HCC LLC, Cumberland HCO LLC, DOES 1-12, Petersen MT4 LLC. Responses due by 4/17/2024 (Ahmad, Scott) |
| Filing 25 NOTICE of Appearance of Attorney by Scott Ahmad on behalf of All Defendants (Ahmad, Scott) |
| Filing 24 NOTICE of Filing re #23 Status Report (Mulherin, Haley) |
| Filing 23 STATUS REPORT - Receiver's First Report by Michael F Flanagan. (Mulherin, Haley) |
| Filing 22 NOTICE OF FILING OFFICIAL TRANSCRIPT of Emergency Motion for Appointment of Receiver Hearing held on 2/13/2024, before Judge Eric I. Long. Court Reporter/Transcriber LC, Telephone number 217-355-4227. Transcript purchased by: Blank Rome LLP. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. 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 3/18/2024. Redacted Transcript Deadline set for 3/28/2024. Release of Transcript Restriction set for 5/28/2024. (BMG) |
| Filing 21 NOTICE of Mailing re #13 Order, (Mulherin, Haley) |
| Filing 20 NOTICE of Appearance of Attorney by John Reding on behalf of Illinois Department of Public Health (Reding, John) |
| Filing 19 NOTICE of Appearance of Attorney by Eugene S Kraus on behalf of Michael F Flanagan (Kraus, Eugene) |
| Filing 18 NOTICE of Inventory (Mulherin, Haley) |
| Filing 17 NOTICE of Filing re #16 Affidavit (Mulherin, Haley) |
| Filing 16 AFFIDAVIT /Declaration of Receiver by Michael F Flanagan. (Mulherin, Haley) |
| Filing 15 NOTICE of Appearance of Attorney by Haley Jean Mulherin on behalf of Michael F Flanagan (Mulherin, Haley) |
| Filing 14 NOTICE of Appearance of Attorney by Jason Robert Sleezer on behalf of Michael F Flanagan (Sleezer, Jason) |
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Filing 13
ORDER APPOINTING RECEIVER entered by Magistrate Judge Eric I. Long on 2/13/2024. Michael F. Flanagan is hereby appointed receiver of and over Defendants and all of their assets, with all of the powers and obligations set forth herein. See written Order.(BMG)
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| Filing 12 WAIVER OF SERVICE Returned Executed by X-Caliber Capital LLC. Charleston HCC LLC waiver sent on 2/9/2024, answer due 4/9/2024; Charleston HCO LLC waiver sent on 2/9/2024, answer due 4/9/2024; Cumberland HCC LLC waiver sent on 2/9/2024, answer due 4/9/2024; Cumberland HCO LLC waiver sent on 2/9/2024, answer due 4/9/2024; Petersen MT4 LLC waiver sent on 2/9/2024, answer due 4/9/2024. (Barr, Paige) |
| Minute entry for proceedings held on 2/13/2024 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Paige Barr. Appearance on behalf of defendants by Bailey Brandon. Motion Hearing held re: Motion to Appoint Receiver #4 . Arguments heard. Motion #4 is granted as stated on the record. Order to be entered appointing Mike Flanagan as the Receiver. (Tape #UR-B 1:32 PM.) (SKR) |
| Filing 11 CERTIFICATE OF SERVICE by X-Caliber Capital LLC re Order,,,, Set/Reset Hearings,,,, Terminate Deadlines and Hearings,,, (Barr, Paige) |
| Filing 10 AFFIDAVIT re #8 Order to Show Cause, Affidavit of Jeff Deines with Respect to Jurisdictional Allegations by X-Caliber Capital LLC. (Barr, Paige) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/8/2024. Plaintiff's Emergency Motion for Appointment of Receiver #4 is referred to Magistrate Judge Eric I. Long. (BMG)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/8/2024. Plaintiff's Affidavit #10 adequately alleges diversity jurisdiction. The Court's Order to Show Cause #8 is DISCHARGED. A Hearing on the Motion to Appoint Receiver #4 is set for 2/13/24 at 1:30 PM, before Judge Eric I. Long Courtroom B, Urbana. Plaintiff's counsel must provide notice to the defendants informing them of this hearing. Witnesses may appear by video. Participants can log into the video hearing using the Zoom application or zoom.com and entering the following Meeting ID: 160 924 96574. The Court will admit you from the waiting room once the hearing is ready to begin. For those participating by telephone, call (551) 285-1373 and enter the Meeting ID. The public may not attend the hearing by video, but may attend the hearing in person at the United States Courthouse in Urbana, Illinois, Courtroom B.(BMG)
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| Filing 9 Summons Issued as to Charleston HCC LLC, Charleston HCO LLC, Cumberland HCC LLC, Cumberland HCO LLC, Petersen MT4 LLC. Copies returned to plaintiff's counsel for service. (BMG) |
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Filing 8
ORDER TO SHOW CAUSE entered by Magistrate Judge Eric I. Long on 2/7/2024. The Court orders Plaintiff to show cause as to why this matter should not be dismissed for want of jurisdiction. In responding, Plaintiff is given leave to file either an affidavit or an Amended Complaint with adequate jurisdictional allegations. Plaintiff has 14 days from the entry of this order to comply. Show Cause Response due by 2/21/2024. See written Order. (BMG)
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| Filing 7 Federal Rule of Civil Procedure 7.1 Disclosure Statement by X-Caliber Capital LLC. (Barr, Paige) |
| Filing 6 AFFIDAVIT in Support re #4 MOTION to Appoint Receiver // Plaintiff's Emergency Motion for Appointment of Receiver // Declaration of Paige B. Tinkham in Support of Plaintiff's Emergency Motion for Appointment of Receiver by Plaintiff X-Caliber Capital LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barr, Paige) |
| Filing 5 AFFIDAVIT in Support re #4 MOTION to Appoint Receiver // Plaintiff's Emergency Motion for Appointment of Receiver // Declaration of Jeff Deines in Support of Plaintiff's Emergency Motion for Appointment of Receiver by Plaintiff X-Caliber Capital LLC. (Barr, Paige) |
| Filing 4 MOTION to Appoint Receiver // Plaintiff's Emergency Motion for Appointment of Receiver by Plaintiff X-Caliber Capital LLC. Responses due by 2/20/2024 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barr, Paige) |
| Filing 3 NOTICE of Appearance of Attorney by Kenneth J Ottaviano on behalf of X-Caliber Capital LLC (Ottaviano, Kenneth) |
| Filing 2 NOTICE of Appearance of Attorney by Paige E Barr on behalf of X-Caliber Capital LLC (Barr, Paige) |
| Filing 1 COMPLAINT // Verified Complaint against Charleston HCC, LLC, Charleston HCO, LLC, Cumberland HCC, LLC, Cumberland HCO, LLC, Petersen MT4, LLC ( Filing fee $ 405 receipt number AILCDC-4399390.), filed by X-Caliber Capital LLC. (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 (1/4), #13 Exhibit L (2/4), #14 Exhibit L (3/4), #15 Exhibit L (4/4), #16 Exhibit M, #17 Exhibit N, #18 Civil Cover Sheet)(Barr, Paige) |
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