BELL v. ROI PROPERTY GROUP MANAGEMENT, LLC
Plaintiff: RICHARD N. BELL, PLATINUM PROPERTIES INVESTMENT NETWORK, INC. and Platinum Properties Investor Network, Inc.
Defendant: ROI PROPERTY GROUP MANAGEMENT, LLC
Case Number: 1:2024cv00247
Filed: February 7, 2024
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: James R Sweeney
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 14, 2024 Opinion or Order Filing 46 ORDER ON MARCH 14, 2024, TELEPHONIC STATUS CONFERENCE - The parties appeared by counsel March 14, 2024, for a telephonic status conference. Discussion was held regarding case status and settlement. The Court denied Defendant's request to file entirely new briefs, but allowed supplemental briefing as follows: (1) Defendant may file a supplemental brief not exceeding 14 pages by April 15, 2024; Plaintiff may file a response brief not exceeding 14 pages by May 6, 2024; and (3) Defendant may file a reply brief not exceeding 7 pages by May 20, 2024. Neither side may raise a legal issue not previously raised in the briefing. Signed by Magistrate Judge Tim A. Baker. (DMB)
February 28, 2024 Filing 44 NOTICE of Non-Compliance in Lieu of Joint Statement, filed by Plaintiff Platinum Properties Investor Network, Inc. (Pollack, Steven)
February 28, 2024 Filing 43 Statement of Position by Platinum Properties Investor Network, Inc.. (Pollack, Steven)
February 28, 2024 Filing 42 Statement of Position by ROI PROPERTY GROUP MANAGEMENT, LLC. (Heffner, James)
February 27, 2024 Opinion or Order Filing 41 ORDER granting #39 Motion to Withdraw Attorney Appearance. Attorney Lindsay J Mertens withdrawn. Signed by Magistrate Judge Tim A. Baker on 02/27/2024. (AJG)
February 27, 2024 Opinion or Order Filing 40 ORDER granting #38 Motion to Appear pro hac vice. Attorney Steven Pollack added as counsel for Plaintiff Platinum Properties Investor Network, Inc.. Signed by Magistrate Judge Tim A. Baker on 2/27/2024. (LBT)
February 23, 2024 Filing 39 MOTION to Withdraw Attorney Appearance of Lindsay J. Mertens, filed by Defendant ROI PROPERTY GROUP MANAGEMENT, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Heffner, James)
February 23, 2024 Filing 38 MOTION for Attorney(s) Steven Pollack to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8040398), filed by Plaintiff Platinum Properties Investor Network, Inc.. (Attachments: #1 Text of Proposed Order)(Pollack, Steven)
February 20, 2024 Opinion or Order Filing 37 ORDER granting #36 Motion for Attorney James E. Heffner to Appear pro hac vice. Signed by Magistrate Judge Tim A. Baker on 2/20/2024. (TPS)
February 16, 2024 Filing 36 MOTION for Attorney(s) James E. Heffner to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8032662), filed by Defendant ROI PROPERTY GROUP MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order)(Heffner, James)
February 8, 2024 Opinion or Order Filing 35 ORDER SETTING TELEPHONIC STATUS CONFERENCE AND FURTHER PROCEEDINGS - Telephonic Status Conference set for 3/14/2024 at 2:00 PM (Eastern Time) before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address case status and settlement. See Order. Copies sent via U.S. First Class Mail to counsel. Signed by Magistrate Judge Tim A. Baker on 2/8/2024.(BAA) Modified on 2/8/2024 to add distribution. (BAA).
February 7, 2024 Filing 34 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (TPS)
February 7, 2024 Filing 33 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TPS)
February 7, 2024 Filing 32 Case transferred in from District of California Central; Case Number 8:23-cv-01733. Original file copy of transfer order and docket sheet received.
February 6, 2024 Opinion or Order Filing 31 Order TRANSFERRING the matter to the United States District Court for the Southern District of Indiana. [ECF #14 ] by Judge Philip S. Gutierrez. Having considered the papers, the Court TRANSFERS the matter to the United States District Court for the Southern District of Indiana. For the foregoing reasons, the Court declines to exercise its jurisdiction to consider Defendants motion for relief from default. IT IS SO ORDERED. (See document for further details)(yl) [Transferred from California Central on 2/7/2024.]
January 23, 2024 Filing 30 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLATINUM PROPERTIES INVESTOR NETWORK, INC.S SUR-REPLY TO ROI PROPERTY GROUP MANAGEMENT, LLCS MOTION TO VACATE DEFAULT JUDGMENT re First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Movant Platinum Properties Investment Network, Inc.. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
January 23, 2024 Filing 29 PLATINUM PROPERTIES INVESTOR NETWORK, INC.S SUR-REPLY TO ROI PROPERTY GROUP MANAGEMENT, LLCS MOTION TO VACATE DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES re First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Movant Platinum Properties Investment Network, Inc.. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
January 22, 2024 Filing 28 PLATINUM PROPERTIES INVESTOR NETWORK, INC.S RESPONSE TO ROI PROPERTY GROUP MANAGEMENT, LLCS OBJECTIONS re First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Movant Platinum Properties Investment Network, Inc.. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
January 17, 2024 Opinion or Order Filing 27 (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez. The Court hereby continues the Motion to Vacate Default Judgment filed by Defendant ROI Property Group Management, LLC. #14 to 02/09/2024 at 9:00 AM. Counsel shall take notice of this new date and time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY [Transferred from California Central on 2/7/2024.]
January 17, 2024 Opinion or Order Filing 26 Order GRANTING Plaintiff's request to file a sur-reply by Judge Philip S. Gutierrez. The Court GRANTS Plaintiff's request to file a sur-reply. Plaintiff may file a sur-reply brief of not more than five pages by January 26, 2024. The Court DENIES Defendant's request to file a response to the sur-reply. IT IS SO ORDERED. #24 , #25 (See document for further details) (yl) [Transferred from California Central on 2/7/2024.]
January 16, 2024 Filing 25 RESPONSE TO PLATINUM PROPERTIES INVESTOR NETWORK, INC.'S REQUEST TO FILE SUR-REPLY IN RESPONSE TO NEW ARGUMENTS RAISED BY ROI PROPERTY GROUP MANAGEMENT, LLC re First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Defendant ROI Property Group Management, LLC. (Heffner, James) [Transferred from California Central on 2/7/2024.]
January 16, 2024 Filing 24 PLATINUM PROPERTIES INVESTOR NETWORK, INC.S REQUEST TO FILE SUR-REPLY IN RESPONSE TO NEW ARGUMENTS RAISED BY ROI PROPERTY GROUP MANAGEMENT, LLC FOR THE FIRST TIME IN ITS REPLY re First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Movant Platinum Properties Investment Network, Inc.. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
January 12, 2024 Filing 23 REPLY in support of First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Defendant ROI Property Group Management, LLC. (Attachments: #1 Objections to Declarations of J. Diefenbach and Platinum Properties Investor Network Inc., #2 Declaration Supplemental J. Heffner, #3 Declaration Supplemental R. Fuller, #4 Declaration Supplemental J. Garfield, #5 Request for Judicial Notice)(Attorney Lindsay J Mertens added to party ROI Property Group Management, LLC(pty:dft))(Mertens, Lindsay) [Transferred from California Central on 2/7/2024.]
January 11, 2024 Opinion or Order Filing 22 Order DENYING Defendant's notice of withdrawal of motion by Judge Philip S. Gutierrez. Defendant ROI Property Group Management LLC has issued a notice to withdraw its motion to vacate the default judgment against it. The Court DENIES Defendant's notice to withdraw its motion to vacate under the Courts discretionary power. See Christian v. Mattel, Inc., 286 F.3d 1118, 1129 (9th Cir. 2002) (explaining that a district court has considerablelatitude in managing the parties' motion practice and enforcing local rules). If Defendant raises new arguments in its reply brief, the Court will grant Plaintiff the opportunity to file a sur-reply, if so requested. IT IS SO ORDERED. (See document for further details) (yl) [Transferred from California Central on 2/7/2024.]
January 9, 2024 Filing 21 REPLY To Response To Objection to Withdrawal of First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 with Exhibits filed by Movant Platinum Properties Investment Network, Inc.. (Attachments: #1 Exhibit Ex. A Jury Verdict Form, #2 Exhibit Ex. B Transcript of Trial)(Diefenbach, James) [Transferred from California Central on 2/7/2024.]
January 9, 2024 Filing 20 REPLY To Response To Objection to Withdrawal of First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Movant Platinum Properties Investment Network, Inc.. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
January 9, 2024 Filing 19 RESPONSE IN SUPPORT of First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Defendant ROI Property Group Management, LLC. (Attachments: #1 Exhibit A)(Heffner, James) [Transferred from California Central on 2/7/2024.]
January 9, 2024 Filing 18 OBJECTION TO DEFENDANT'S WITHDRAWAL OF re: First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Movant Platinum Properties Investment Network, Inc.. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
January 9, 2024 Filing 17 Notice of Withdrawal of Motion to Vacate,,, #14 filed by Defendant ROI Property Group Management, LLC. (Heffner, James) [Transferred from California Central on 2/7/2024.]
January 5, 2024 Filing 16 OPPOSITION TO ROI PROPERTY GROUP MANAGEMENT, LLCS MOTION TO VACATE DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES re: First NOTICE OF MOTION AND MOTION to Vacate Default Judgment #14 filed by Movant Platinum Properties Investment Network, Inc.. (Attachments: #1 Declaration DECLARATION OF JAMES C. DIEFENBACH IN SUPPORT OF PLATINUM PROPERTIES INVESTOR NETWORK, INC.S OPPOSITION TO ROI PROPERTY GROUP MANAGEMENT, LLCS MOTION TO VACATE DEFAULT JUDGMENT, #2 Exhibit Ex. A SEC Form D, #3 Exhibit Ex. B ROIM Home Page, #4 Exhibit Ex. B-1 Page Tab Header, #5 Exhibit Ex. C ROIM Indy Metro, #6 Exhibit Ex. C-1 ROIM Our Communities Dropdown, #7 Exhibit Ex. D ROIM Property Listing Page, #8 Exhibit Ex. E ROIM Indy Properties Page Showing Dropdown, #9 Exhibit Ex. F ROIM About Page, #10 Exhibit Ex. G ROIM Meet the Team Page, #11 Exhibit Ex. H Indianapolis 1024 x 525, #12 Exhibit Ex. I ROIM Blog Page, #13 Exhibit Ex. J ROIM Radio Page, #14 Exhibit Ex. K KGA Indy Properties Page (3-2015), #15 Exhibit Ex. L ROITK Home Page (2018), #16 Exhibit Ex. M-1 Redfin Listings, #17 Exhibit Ex. M-2 Redfin Listings, #18 Exhibit Ex. M-3 Redfin Listings, #19 Exhibit Ex. N 2-28-22 Discovery Responses, #20 Exhibit Ex. O 3-18-22 Cartee Email, #21 Exhibit Ex. R Letter Response to 12-7-23 Meet and Confer Letter, #22 Exhibit Ex. Q 6-7-23 Discovery Responses, #23 Exhibit Ex. R Letter Response to 12-7-23 Meet and Confer Letter, #24 Declaration DECLARATION OF PLATINUM PROPERTIES INVESTOR NETWORK, INC. IN SUPPORT OF ITS OPPOSITION TO ROI PROPERTY GROUP MANAGEMENT, LLCS MOTION TO VACATE DEFAULT JUDGMENT, #25 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLATINUM PROPERTIES INVESTOR NETWORK, INC.S OPPOSITION TO ROI PROPERTY GROUP MANAGEMENT, LLCS MOTION TO VACATE DEFAULT JUDGMENT, #26 Proposed Order PROPOSED ORDER)(Diefenbach, James) [Transferred from California Central on 2/7/2024.]
December 29, 2023 Filing 15 The Court is in receipt of Defendants Notice of Motion and Motion to Vacate Default Judgment. The motion is improperly noticed before Magistrate Judge Early. Accordingly, defendants Motion to Vacate Default Judgment shall be heard by Chief United States District Judge Philp S. Gutierrez on January 26, 2024, in Courtroom 6A, 350 W. 1st Street, Los Angeles, CA 90012, at 1:30pm.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kr) TEXT ONLY ENTRY [Transferred from California Central on 2/7/2024.]
December 28, 2023 Filing 14 First NOTICE OF MOTION AND MOTION to Vacate Default Judgment filed by Defendant ROI Property Group Management, LLC. Motion set for hearing on 1/25/2024 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Vacate Default Judgment, #2 Request for Judicial Notice in Support of Motion to Vacate Judgment, #3 Declaration of James E. Heffner in Support of Motion to Vacate Default Judgment, #4 Declaration of Robert Fuller in Support of Motion to Vacate Default Judgment, #5 Declaration of Jared Garfield in Support of Motion to Vacate Default Judgment, #6 Certification and Notice of Interested Parties, #7 Proposed Order Proposed Order Granting Defendant ROI Property Management Group, LLC's Motion to Vacate Default Judgment) (Attorney James E Heffner added to party ROI Property Group Management, LLC(pty:dft)) (Heffner, James) Modified on 1/10/2024 (yl). Modified on 1/11/2024 (yl). [Transferred from California Central on 2/7/2024.]
November 28, 2023 Opinion or Order Filing 13 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early, Vacating Judgment Debtor Examination (Dkt, 9).(See document for details) #9 . (mba) [Transferred from California Central on 2/7/2024.]
November 26, 2023 Filing 12 PROOF OF SERVICE filed by Plaintiff Platinum Properties Investment Network, Inc., re Order on Motion for Judgment Debtor Exam,, #9 served on 11/17/23. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
November 26, 2023 Filing 11 PROOF OF SERVICE filed by Plaintiff Platinum Properties Investment Network, Inc., re Order on Motion for Judgment Debtor Exam,, #9 served on 11/17/23. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
November 6, 2023 Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Order on Motion for Judgment Debtor Exam,, #9 . The following error(s) was/were found: This motion should be noticed before Magistrate Judge JDE. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (yl) [Transferred from California Central on 2/7/2024.]
November 3, 2023 Opinion or Order Filing 9 ORDER TO APPEAR FOR EXAMINATION OF JUDGMENT DEBTOR RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge John D. Early: Granting #8 APPLICATION for Judgment Debtor Exam. This Order may be served by a Marshal, sheriff, or registered process server. Plaintiff is ordered to file, by November 27, 2023, a proof of service reflecting proper service of this Order on judgment debtor. If no compliant proof of service is filed by that time, the examination will automatically be taken off calendar. Judgment Debtor Exam set for 12/7/2023 10:00 AM before Magistrate Judge John D. Early. (mba) [Transferred from California Central on 2/7/2024.]
November 2, 2023 Filing 8 APPLICATION for Judgment Debtor Exam as to ROI Property Group Management, LLC filed by Assignee of Record Platinum Properties Investment Network, Inc.. Application set for hearing on 12/7/2023 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order to Appear for Examination of Judgment Debtor) (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
November 2, 2023 Filing 7 MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, Order Vacating Judgment Debtor Examination (Dkt. 5) and Denying Request to Continue Judgment Debtor examination. No proof of service was filed by October 30, 2023. As a result, the Judgment Debtor Examination (Dkt. 5) was automatically vacated and taken off calendar. As the Judgment Debtor Examination was set by the Order for November 9, 2023, and as that examination has since been vacated, Judgment Creditor would need to obtain a new order, with a new proposed date, for such an examination to proceed on a later date, served sufficiently in advance to allow for proper notice to Judgment Creditor. As such, the Request (Dkt. 6) is DENIED. (see document for details) #6 (mba) [Transferred from California Central on 2/7/2024.]
November 2, 2023 Filing 6 First REQUEST to Continue Judgment Debtor Exam from November 9, 2023 to December 14, 2023 filed by Plaintiff Richard N. Bell, Platinum Properties Investment Network, Inc.. Request set for hearing on 11/6/2023 at 10:00 AM before Judge Philip S. Gutierrez. (Attorney James C Diefenbach added to party Richard N. Bell(pty:pla)) (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
September 18, 2023 Opinion or Order Filing 5 ORDER TO APPEAR FOR EXAMINATION OF JUDGMENT DEBTOR RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge John D. Early: granting #3 APPLICATION for Judgment Debtor Exam. Judgment Debtor Exam of Corporate Representative for ROI Property Group Management, LLC set for 11/9/2023 at 10:00 AM before Magistrate Judge John D. Early. (see document for further details) (hr) [Transferred from California Central on 2/7/2024.]
September 15, 2023 Filing 4 NOTICE of New Case Number and Judge Assignment by Clerk. This case is hereby converted from case type MC to case type CV because subsequent filings have changed the nature of the case. A new case number has therefore been assigned to this case. District Judge Philip S. Gutierrez and Magistrate Judge John D. Early are assigned to this new case number. All future documents must be filed under the new case number, which is 8:23-cv-01733-PSG (JDEx). The previous case number, 8:23-mc-00003-UA, is hereby terminated. (et) [Transferred from California Central on 2/7/2024.]
September 14, 2023 Filing 3 APPLICATION for Judgment Debtor Exam as to ROI Property Group Management, LLC filed by Assignee of Record Platinum Properties Investment Network, Inc.. Application set for hearing on 11/6/2023 at 09:00 AM before Judge Unassigned. (Attachments: #1 Proposed Order to Appear for Examination of Judgment Debtor) (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
September 14, 2023 Filing 2 CIVIL COVER SHEET filed by Movant Platinum Properties Investment Network, Inc.. (Diefenbach, James) [Transferred from California Central on 2/7/2024.]
January 25, 2023 Filing 1 REGISTRATION OF JUDGMENT FROM ANOTHER DISTRICT Receipt No: ACACDC-34678110 - Fee: $49, filed by Plaintiff Platinum Properties Investment Network, Inc.. (Attachments: #1 Certified Judgment, #2 Assignment of Judgment from Richard N. Bell to Platinum Properties Investment Network, Inc.) (Attorney James C Diefenbach added to party Platinum Properties Investment Network, Inc. (pty:rpip))(Diefenbach, James) [Transferred from California Central on 2/7/2024.]

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Plaintiff: RICHARD N. BELL
Represented By: James C Diefenbach
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Plaintiff: PLATINUM PROPERTIES INVESTMENT NETWORK, INC.
Represented By: James C Diefenbach
Represented By: Steven Pollack
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Plaintiff: Platinum Properties Investor Network, Inc.
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Defendant: ROI PROPERTY GROUP MANAGEMENT, LLC
Represented By: James E Heffner
Represented By: Lindsay J Mertens
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