GemCap Lending I, LLC v. Shane William Pertl et al

Plaintiff: GemCap Lending I, LLC
Defendant: William Shane Pertl, Van Osdol, PC, Jonathon W. Davis, Mindy J. Montgomery, Does 1-25, inclusive, Christopher Tucker, BancCentral National Association and Martin McNeil
Case Number: 2:2019cv02481
Filed: August 16, 2019
Court: US District Court for the District of Kansas
Presiding Judge: Daniel D Crabtree
Referring Judge: Kenneth G Gale
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 28:1441
Jury Demanded By: None

Docket Report

This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2019 Filing 121 Letter from the clerk to counsel regarding pro hac vice requirements. (hw)
August 16, 2019 Filing 120 CASE TRANSFERRED IN from District of California Central; Case Number 2:19-cv-01472. Electronic file certified copy of transfer order and docket sheet received. (hw)
August 16, 2019 Opinion or Order Filing 119 MINUTES (IN CHAMBERS) ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS by Judge John F. Walter. In light of GemCap Lending I, LLC's refusal to transfer this entire action, the Court orders this action as to Defendants Jonathan W. Davis, Van Osdol, PC, BancCentral, National Association, Martin McNeil, and Chris Tucker transferred to the United States District Court for the District of Kansas as more fully described in the Court's August 9, 2019 Order. The Clerk shall JS-6 this action as to Defendants Jonathan W. Davis, Van Osdol, PC, BancCentral, National Association, Martin McNeil, and Chris Tucker. The case will remain on the Courts calendar as to Defendants Shane Pertl and Mindy Montgomery. Case transferred electronically. (iv) [Transferred from California Central on 8/16/2019.]
August 16, 2019 Filing 118 NOTICE of Change of Attorney Business or Contact Information: for attorney Arash Beral counsel for Plaintiff GemCap Lending I, LLC. Changing address suite number only to Suite 1500. Filed by Plaintiff GemCap Lending I, LLC. (Beral, Arash) [Transferred from California Central on 8/16/2019.]
August 16, 2019 Filing 117 NOTICE of Change of Attorney Business or Contact Information: for attorney Todd M Lander counsel for Plaintiff GemCap Lending I, LLC. Changing address suite number only to Suite 1500. Filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
August 9, 2019 Opinion or Order Filing 116 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART DEFENDANTS JONATHAN W. DAVIS AND VAN OSDOL, PC'S MOTION (1) TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, (2) IN THE ALTERNATIVE, AND SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, TO TRANSFER VENUE, AND (3) SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND TO TRANSFER VENUE, TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(2), 12(b)(6) AND 28 U.S.C. 1404(a) [filed 3/22/2019; Docket No. #28 ]; ORDER GRANTING IN PART DEFENDANTS BANCCENTRAL, NATIONAL ASSOCIATION AND MARTIN MCNEILS MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) [filed 3/25/2019; Docket No. #29 ]; ORDER GRANTING IN PART DEFENDANT CHRIS TUCKER'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, TO TRANSFER VENUE [filed 3/27/2019; Docket No. #35 ] by Judge John F. Walter. The following motions are GRANTED: (1) BancCentral and McNeil's Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a); (2) Davis and Van Osdol's Motion to Transfer Venue; and (3) Tuckers Motion to Transfer Venue. The Court DENIES GemCap's request to conduct additional jurisdictional discovery, and SEVERS and TRANSFERS the claims alleged against BancCentral, McNeil, Davis, Van Osdol, and Tucker to the United States District Court for the District of Kansas. The Court STAYS this Order until August 15, 2019. If GemCap decides that the entire action should be transferred to the District of Kansas, GemCap shall file, on or before August 15, 2019, a notice and proposed order transferring the entire action. The remaining motions are DENIED as moot and/or without prejudice to re-filing in the District of Kansas. (iv) [Transferred from California Central on 8/16/2019.]
July 25, 2019 Opinion or Order Filing 115 MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANTS JONATHAN W. DAVIS AND VAN OSDOL, PC'S MOTION (1) TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, (2) IN THE ALTERNATIVE, AND SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, TO TRANSFER VENUE, AND (3) SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND TO TRANSFER VENUE, TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(2), 12(b)(6) AND 28 U.S.C. 1404(a) [filed 3/22/2019; Docket No. #28 ]; ORDER TAKING UNDER SUBMISSION DEFENDANTS BANCCENTRAL, NATIONAL ASSOCIATION AND MARTIN MCNEIL'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) [filed 3/25/2019; Docket No. #29 ]; ORDER TAKING UNDER SUBMISSION DEFENDANTCHRIS TUCKER'S MOTION TO DISMISS FOR LACKOF PERSONAL JURISDICTION, OR IN THEALTERNATIVE, TO TRANSFER VENUE[filed 3/27/2019; Docket No. #35 ] and by Judge John F. Walter. The Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for July 29, 2019 is hereby vacated and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv) [Transferred from California Central on 8/16/2019.]
July 11, 2019 Opinion or Order Filing 114 MINUTES (IN CHAMBERS) ORDER CONTINUING HEARING ON DEFENDANTS JONATHAN W. DAVIS AND VAN OSDOL, PC'S MOTION (1) TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, (2) IN THE ALTERNATIVE, AND SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, TO TRANSFER VENUE, AND (3) SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND TO TRANSFER VENUE, TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(2), 12(b)(6) AND 28 U.S.C. 1404(a) [filed 3/22/2019; Docket No. #28 ]; ORDER CONTINUING HEARING ON DEFENDANTS BANCCENTRAL, NATIONAL ASSOCIATION AND MARTIN MCNEILS MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) [filed 3/25/2019; Docket No. #29 ]; ORDER CONTINUING HEARING ON DEFENDANT CHRIS TUCKER'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, TO TRANSFER VENUE [filed 3/27/2019; Docket No. #35 ] by Judge John F. Walter. The Court continues the hearing with respect to the motions, currently scheduled for July 15, 2019, to July 29, 2019 at 1:30 p.m. (iv) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 113 NOTICE OF LODGING filed [Proposed] Statement of Decision Granting re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 (Attachments: #1 [Proposed] Statement of Decision)(Betpera, Artin) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 112 NOTICE OF LODGING filed [Proposed] Statement of Decision Denying Defendants BancCentral National Assocition and Martin McNeil's Motion to Dismiss for Lack of Personal Jurisdiction re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 [Proposed] Statement of Decision Denying Defendants BancCentral National Assocition and Martin McNeil's Motion to Dismiss for Lack of Personal Jurisdiction)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 111 NOTICE OF LODGING filed [Proposed] Statement of Decision Denying Defendants BancCentral National Association and Martin McNeil's Motion to Transfer Venue re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 [Proposed] Statement of Decision Denying Defendants BancCentral National Association and Martin McNeil's Motion to Transfer Venue)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 110 NOTICE OF LODGING filed [Proposed] Statement of Decision Re: Defendant Christopher Tucker's Motion to Transfer Venue re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 (Attachments: #1 [Proposed] Statement of Decision Re: Defendant Christopher Tucker's Motion to Transfer Venue)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 109 NOTICE OF LODGING filed [Proposed] Statement of Decision re: Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed ] Statement of Decision re: Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted)(Rosing, Heather) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 108 NOTICE OF LODGING filed [Proposed] Statement of Decision Re: Defendant Christopher Tucker's Motion to Dismiss for Lack of Personal Jurisdiction re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 (Attachments: #1 [Proposed] Statement of Decision Re: Defendant Christopher Tucker's Motion to Dismiss for Lack of Personal Jurisdiction)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 107 NOTICE OF LODGING filed [Proposed ] Statement of Decision re: Davis and VanOsdol's Motion to Transfer Venue re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed ] Statement of Decision re: Davis and VanOsdol's Motion to Transfer Venue)(Rosing, Heather) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 106 NOTICE OF LODGING filed [Proposed] Statement of Decision Re Defendants Jonathan W. Davis' and Van Osdol, PC's Motion to Transfer Venue re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed] Statement of Decision Re Defendants Jonathan W. Davis' and Van Osdol, PC's Motion to Transfer Venue)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 105 NOTICE OF LODGING filed [Proposed] Statement of Decision Re Defendants Jonathan W. Davis' and Van Osdol, PC's Motion to Dismiss for Failure to State a Claim re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed] Statement of Decision Re Defendants Jonathan W. Davis' and Van Osdol, PC's Motion to Dismiss for Failure to State a Claim)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 104 NOTICE OF LODGING filed [Proposed] Statement of Decision Re: Defendants Jonathan W. Davis' and Van Osdol, PC's Motion to Dismiss for Lack of Personal Jurisdiction re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed] Statement of Decision Re: Defendants Jonathan W. Davis' and Van Osdol, PC's Motion to Dismiss for Lack of Personal Jurisdiction)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 103 NOTICE OF LODGING filed [Proposed] Statement of Decision re: Motion to Dismiss for Lack of Jurisdiction re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed ] Statement of Decision re: Motion to Dismiss for Lack of Jurisdiction)(Rosing, Heather) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 102 NOTICE OF LODGING filed [Proposed] Statement of Decision Granting Motion to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 [Proposed] Statement of Decision Granting Motion to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a))(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
July 9, 2019 Filing 101 NOTICE OF LODGING filed [Proposed] Statement of Decision Granting Motion to Dismiss for Lack of Personal Jurisdiction re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 [Proposed] Statement of Decision Granting Motion to Dismiss for Lack of Personal Jurisdiction)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
July 5, 2019 Opinion or Order Filing 100 MINUTES (IN CHAMBERS) ORDER REQUIRING PARTIES TO FILE REVISED STATEMENTS OF DECISION by Judge John F. Walter. In light of the supplemental briefing filed by the parties, the Court orders the parties to file, on or before July 9, 2019, revised Proposed Statements of Decision in accordance with Section 5(f) of the Court's Standing Order. SEE ORDER FOR DETAILS. (iv) [Transferred from California Central on 8/16/2019.]
June 25, 2019 Opinion or Order Filing 99 MINUTES (IN CHAMBERS) ORDER SETTING HEARING ON DEFENDANTS JONATHAN W. DAVIS AND VAN OSDOL, PC'S MOTION (1) TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, (2) IN THE ALTERNATIVE, AND SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, TO TRANSFER VENUE, AND (3) SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND TO TRANSFER VENUE, TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(2), 12(b)(6) AND 28 U.S.C. 1404(a) [filed 3/22/2019;Docket No. #28 ]; ORDER SETTING HEARING ON DEFENDANTS BANCCENTRAL, NATIONAL ASSOCIATION AND MARTIN MCNEILS MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) [filed 3/25/2019; Docket No. #29 ]; ORDER SETTING HEARING ON DEFENDANT CHRIS TUCKER'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, TO TRANSFER VENUE [filed 3/27/2019; Docket No. #35 ] by Judge John F. Walter. Now that jurisdictional discovery has been completed, the Court sets the following motions for hearing on July 15, 2019 at 1:30 p.m. SEE ORDER FOR DETAILS. (iv) [Transferred from California Central on 8/16/2019.]
June 13, 2019 Filing 98 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed] Statement of Decision)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
June 13, 2019 Filing 97 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 [Proposed] Statement of Decision)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
June 13, 2019 Filing 96 NOTICE OF LODGING filed re Reply (Motion related), #91 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed] Statement of Decision, #2 Certificate of Service)(Plaskin, Leah) [Transferred from California Central on 8/16/2019.]
June 13, 2019 Filing 95 NOTICE OF LODGING filed re Reply (Motion related),, #87 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 Proposed Order)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
June 13, 2019 Filing 94 NOTICE OF LODGING filed re Request for Judicial Notice, #88 (Attachments: #1 Proposed Order)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
June 13, 2019 Filing 93 NOTICE OF LODGING filed re Objection/Opposition (Motion related), #90 , Request for Judicial Notice, #86 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 Proposed Order)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
June 13, 2019 Filing 92 NOTICE OF LODGING filed re Objection/Opposition (Motion related),, #89 , Request for Judicial Notice, #84 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 Proposed Order)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
June 11, 2019 Filing 91 REPLY (Supplemental) in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 filed by Defendants Jonathon W. Davis, Van Osdol, PC. (Attachments: #1 Declaration of Leah Plaskin Lorenz, #2 Exhibits A to D to Declaration of Leah Plaskin Lorenz, #3 Supplemental Declaration of Jonathan W. Davis, #4 Certificate of Service)(Plaskin, Leah) [Transferred from California Central on 8/16/2019.]
June 11, 2019 Filing 90 Limited Objection In Support of Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 Limited Objection to Plaintiff GemCap's Supplelmental Request for Judicial Notice in Support of GemCap's Opposition to Motion to Dismiss Filed by Defendants Jonathan W. Davis and Van Osdol, P.C. [Doc. No. 86] filed by Defendant BancCentral National Association. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
June 11, 2019 Filing 89 Limited Objection In Support of Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 Limited Objection to Plaintiff GemCap Lending I, LLC's Supplemental Request for Judicial Notice in Support of Opposition to Motion to Dismiss [Doc. No. 84] filed by Defendant BancCentral National Association. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
June 11, 2019 Filing 88 REQUEST FOR JUDICIAL NOTICE Supplemental Request by Defendants BancCentral, National Association and Martin McNeil for Judicial Notice of Certain Order Entered in the Kansas Receivership Action filed by Defendant BancCentral National Association. (Attachments: #1 Exhibit 1)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
June 11, 2019 Filing 87 REPLY Supplemental Reply in Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 Defendants BancCentral, National Association's and Martin McNeil's Supplemental Reply in Support of Motion to Dismiss filed by Defendant BancCentral National Association. (Attachments: #1 Miles Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
June 4, 2019 Filing 86 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 in Support of Supplemental Opposition #85 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
June 4, 2019 Filing 85 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 Supplemental Opposition pursuant to Dkt. 74 filed by Plaintiff GemCap Lending I, LLC. (Attachments: #1 Declaration of Todd M. Lander, #2 Exhibits 1 to 19 to Lander Declaration, #3 Exhibits 20 to 25 to Lander Declaration, #4 Exhibit 26 to Lander Declaration, #5 Supplemental Declaration of Richard Ellis, #6 Exhibits A to G to Ellis Supplemental Declaration, #7 Exhibits H to M to Ellis Supplemental Declaration, #8 Declaration of Michael Berens)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
June 4, 2019 Filing 84 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 in Support of Supplemental Opposition #83 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
June 4, 2019 Filing 83 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Supplemental Opposition pursuant to Dkt. 74) filed by Plaintiff GemCap Lending I, LLC. (Attachments: #1 Declaration of Todd M. Lander, #2 Exhibits 1 to 35 to Lander Declaration, #3 Exhibits 36 to 46 to Lander Declaration, #4 Exhibit 47 to Lander Declaration, #5 Exhibit 48 to Lander Declaration, #6 Supplemental Declaration of Richard Ellis, #7 Exhibits A to G to Ellis Supplemental Declaration, #8 Exhibits H to M to Ellis Supplemental Declaration)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
May 16, 2019 Filing 82 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael D. Fielding to Appear Pro Hac Vice on behalf of Defendants BancCentral National Association, Martin McNeil (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23743727) #79 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) [Transferred from California Central on 8/16/2019.]
May 16, 2019 Opinion or Order Filing 81 *AMENDED* ORDER GRANTING #79 APPLICATION of Non-Resident Attorney Michael D. Fielding to Appear Pro Hac Vice on behalf of Defendants BancCentral National Association, Martin McNeil designating Kate Juvinall as local counsel, by Judge John F. Walter. (es) [Transferred from California Central on 8/16/2019.]
May 16, 2019 Opinion or Order Filing 80 ORDER by Judge John F. Walter: Denying Application of Non-Resident Attorney Michael D. Fielding to Appear Pro Hac Vice on behalf of Defendant BancCentral National Association, Martin McNeil. Terming Attorney Kate Elsa Juvinall #79 . (iv) [Transferred from California Central on 8/16/2019.]
May 15, 2019 Filing 79 APPLICATION of Non-Resident Attorney Michael D. Fielding to Appear Pro Hac Vice on behalf of Defendants BancCentral National Association, Martin McNeil (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23743727) filed by Defendants BancCentral National Association, Martin McNeil. (Attachments: #1 Declaration Kate E. Juvinall Declaration of Residency, #2 Exhibit Certificates of Good Standing) (Juvinall, Kate) [Transferred from California Central on 8/16/2019.]
April 26, 2019 Filing 78 STATEMENT Plaintiff's RICO Case Statement filed by Plaintiff GemCap Lending I, LLC re: Minutes of In Chambers Order/Directive - no proceeding held, #75 . (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 23, 2019 Opinion or Order Filing 77 SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 3/20/2020 at 10:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 3/27/2020 at 10:00 AM. Jury Trial set for 4/7/2020 at 8:30 AM before Judge John F. Walter. (iv) [Transferred from California Central on 8/16/2019.]
April 23, 2019 Opinion or Order Filing 76 ORDER VACATING SCHEDULING CONFERENCE AND REFERRAL TO PRIVATE MEDIATION by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on May 6, 2019 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: December 16, 2019. The Joint Report re: Results of Settlement Conference due on: December 20, 2019. (iv) [Transferred from California Central on 8/16/2019.]
April 23, 2019 Opinion or Order Filing 75 MINUTES (IN CHAMBERS) ORDER DIRECTING PLAINTIFF TO FILE "RICO CASE STATEMENT" by Judge John F. Walter. The Court hereby orders Plaintiff to file a "RICO Case Statement" on or before April 26, 2019. Failure to respond to this Order will result in the dismissal with prejudice of all RICO claims for relief. (iv) [Transferred from California Central on 8/16/2019.]
April 23, 2019 Opinion or Order Filing 74 MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS JONATHAN W. DAVIS AND VAN OSDOL, PC'S MOTION (1) TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, (2) IN THE ALTERNATIVE, AND SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, TO TRANSFER VENUE, AND (3) SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND TO TRANSFER VENUE, TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(2), 12(b)(6) AND 28 U.S.C. 1404(a) [filed 3/22/2019; Docket No. #28 ]; ORDER RE: DEFENDANTS BANCCENTRAL, NATIONAL ASSOCIATION AND MARTIN MCNEIL'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) [filed 3/25/2019; Docket No. #29 ]; ORDER TAKING UNDER SUBMISSION DEFENDANT CHRIS TUCKER'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, TO TRANSFER VENUE [filed 3/27/2019; Docket No. #35 ] by Judge John F. Walter. The Court GRANTS GemCap's request to conduct jurisdictional discovery. The parties shall meet and confer, on or before April 26, 2019, and agree upon a schedule for jurisdictional discovery. The jurisdictional discovery shall be completed on or before May 28, 2019. GemCap shall file its Supplemental Oppositions on or before June 4, 2019. Defendants shall file their Supplemental Replies on or before June 11, 2019. Defendant Chris Tucker's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, to Transfer Venue is currently on calendar for April 29, 2019 at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for April 29, 2019 is hereby vacated and the matter is taken off calendar. (iv) [Transferred from California Central on 8/16/2019.]
April 22, 2019 Filing 73 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 court days, filed by Plaintiff GemCap Lending I, LLC.. (Beral, Arash) [Transferred from California Central on 8/16/2019.]
April 19, 2019 Opinion or Order Filing 72 MINUTES (IN CHAMBERS): ORDER TAKING UNDER SUBMISSION DEFENDANTS JONATHAN W. DAVIS AND VAN OSDOL, PC'S MOTION (1) TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, (2) IN THE ALTERNATIVE, AND SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, TO TRANSFER VENUE, AND (3) SUBJECT TO AND WITHOUT WAIVER OF THE MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND TO TRANSFER VENUE, TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(2), 12(b)(6) AND 28 U.S.C. 1404(a) [filed 3/22/2019; Docket No. 28]; ORDER TAKING UNDER SUBMISSION DEFENDANTS BANCCENTRAL, NATIONAL ASSOCIATION AND MARTIN MCNEIL'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(a) [filed 3/25/2019; Docket No. 29] by Judge John F. Walter. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for April 22, 2019 is hereby vacated and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (lom) [Transferred from California Central on 8/16/2019.]
April 17, 2019 Filing 71 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 (Attachments: #1 Exhibit [Proposed] Statement of Decision)(Betpera, Artin) [Transferred from California Central on 8/16/2019.]
April 16, 2019 Filing 70 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 (Attachments: #1 Plaintiff GemCap Lending I, LLC's [Proposed] Statement of Decision Re: Defendant Christopher Tucker's Motion to Dismiss)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 15, 2019 Filing 69 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 filed by Defendant Christopher Tucker. (Betpera, Artin) [Transferred from California Central on 8/16/2019.]
April 10, 2019 Filing 68 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 [Proposed] Statement of Decision Re: Defendants BancCentral National Association's and Martin McNeil's Motion to Dismiss)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 10, 2019 Filing 67 NOTICE OF ERRATA filed by Plaintiff GemCap Lending I, LLC. correcting MEMORANDUM in Opposition to Motion,, #41 , Request for Judicial Notice, #42 , Objection/Opposition (Motion related), #56 (Correcting Hearing Date on Caption Pages) (Chow, Carol) [Transferred from California Central on 8/16/2019.]
April 10, 2019 Filing 66 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed] Statement of Decision Re: Defendants Jonathan W. Davis' and Van Osdol, PC's Motion to Dismiss)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 10, 2019 Filing 65 Notice of Withdrawal of Notice of Lodging,, #61 filed by DEFENDANTS BancCentral National Association, Martin McNeil. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 10, 2019 Filing 64 Notice of Withdrawal of Notice of Lodging,, #60 filed by DEFENDANTS BancCentral National Association, Martin McNeil. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 9, 2019 Filing 63 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 (Attachments: #1 [Proposed] Statement of Decision, #2 Proof of Service)(Rosing, Heather) [Transferred from California Central on 8/16/2019.]
April 9, 2019 Filing 62 NOTICE OF LODGING filed (AMENDED) [PROPOSED] STATEMENT OF DECISION DENYING TO PLAINTIFF GEMCAP LENDING I, LLC'S COMPENDIUM OF EVIDENTIARY OBJECTIONS TO DECLARATIONS OF: (1) JONATHAN W. DAVIS; (2) ANTHONY L. GOSSERAND; (3) MARTIN MCNEIL; (4) KYLE HUGHBANKS; (5) MINDY MONTGOMERY; (6) WILLIAM SHANE PERTL; AND (7) CHRISTOPHER TUCKER re Response in Support of Motion,, #50 (Attachments: #1 Proposed Order STATEMENT OF DECISION DENYING TO PLAINTIFF GEMCAP LENDING I, LLC'S COMPENDIUM OF EVIDENTIARY OBJECTIONS TO DECLARATIONS OF: (1) JONATHAN W. DAVIS; (2) ANTHONY L. GOSSERAND; (3) MARTIN MCNEIL; (4) KYLE HUGHBANKS; (5) MINDY MONTGOMERY; (6) WILLIAM SHANE PERTL; AND (7) CHRISTOPHER TUCKER)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 9, 2019 Filing 61 NOTICE OF LODGING filed (AMENDED) [Proposed] Statement of Decision Denying to Plaintiff Gemcap Lending I, LLC's Compendium of Evidentiary Objections to Declarations of: (1) Jonathan W. Davis; (2) Anthony L. Gosserand; (3) Martin McNeil; (4) Kyle Hughbanks; (5) Mindy Montgomery; (6) William Shane Pertl; and (7) Christopher Tucker re Response in Support of Motion,, #50 (Attachments: #1 Proposed Order Statement of Decision Denying to Plaintiff Gemcap Lending I, LLC's Compendium of Evidentiary Objections to Declarations of: (1) Jonathan W. Davis; (2) Anthony L. Gosserand; (3) Martin McNeil; (4) Kyle Hughbanks; (5) Mindy Montgomery; (6) William Shane Pertl; and (7) Christopher Tucker)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 9, 2019 Filing 60 NOTICE OF LODGING filed [Proposed] Statement of Decision Denying to Plaintiff Gemcap Lending I, LLC's Compendium of Evidentiary Objections to Declarations of (1) Jonathan W. Davis; re Response in Support of Motion,, #50 (Attachments: #1 Proposed Order Statement of Decision Denying to Plaintiff Gemcap Lending I, LLC's Compendium of Evidentiary Objections to Declarations of: (1) Jonathan W. Davis; (2) Anthony L. Gosserand; (3) Martin McNeil; (4) Kyle Hughbanks; (5) Mindy Montgomery; (6) William Shane Pertl; and (7) Christopher Tucker)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 9, 2019 Filing 59 NOTICE OF LODGING filed [Proposed] Order Partially Granting Gemcap Lending I, LLC's Request for Judicial Notice in Support of Opposition to Motion to Dismiss re Objection/Opposition (Motion related), #51 (Attachments: #1 Proposed Order Partially Granting Gemcap Lending I, LLC's Request for Judicial Notice in Support of Opposition to Motion to Dismiss)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 9, 2019 Filing 58 NOTICE OF LODGING filed [Proposed] Order Granting Request by Defendants Banccentral, National Association and Martin McNeil for Judicial Notice of Certain Pleadings Filed in the Kansas Receivership Action re Request for Judicial Notice, #49 (Attachments: #1 Proposed Order Granting Request by Defendants Banccentral, National Association and Martin McNeil for Judicial Notice of Certain Pleadings Filed in the Kansas Receivership Action)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 9, 2019 Filing 57 NOTICE OF LODGING filed [Proposed] Statement of Decision Granting Motion to Dismiss or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1404(a) re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 (Attachments: #1 Proposed Order [Proposed] Statement of Decision Granting Motion to Dismiss or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1404(a))(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 9, 2019 Filing 56 SUR-REPLY in Support of Opposition [Dkt 41] re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 8, 2019 Filing 55 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 filed by Defendants Jonathon W. Davis, Van Osdol, PC. (Attachments: #1 Objections to Declarations, #2 Declaration of Leah Plaskin Lorenz, #3 Request for Judicial Notice, #4 Response to Plaintiff's Compendium of Evidentiary Objections to Declarations, #5 Proof of Service)(Rosing, Heather) [Transferred from California Central on 8/16/2019.]
April 8, 2019 Filing 54 EVIDENTIARY OBJECTIONS to Declarations of Chris Tucker re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 8, 2019 Filing 53 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 in Support of Memorandum of Points and Authorities in Opposition to Motion to Dismiss, Etc. Filed By Defendant Christopher Tucker #52 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 8, 2019 Filing 52 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #35 filed by Plaintiff GemCap Lending I, LLC. (Attachments: #1 Declaration of Richard Ellis, #2 Exhibit A (Part 1 of 2) to Declaration of Richard Ellis, #3 Exhibit A (Part 2 of 2) to Declaration of Richard Ellis, #4 Exhibit B through Exhibit L to Declaration of Richard Ellis, #5 Exhibit M through Exhibit O to Declaration of Richard Ellis, #6 Declaration of James Cullen)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 8, 2019 Filing 51 Limited Objection in support of re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 Limited Objection to Plaintiff GemCap Lending I, LLC's Request for Judicial Notice in Support of Opposition to Motion to Dismiss filed by Defendant BancCentral National Association. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 8, 2019 Filing 50 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 Response to Plaintiff GemCap Lending I, LLC's Compendium of Evidentiary Objections to Declarations of: (1) Jonathan W. Davis; (2) Anthony L. Gosserand; (3) Martin McNeil; (4) Kyle Hughbanks; (5) Mindy Montgomery; (6) William Shane Pertl; and (7) Christopher Tucker filed by Defendant BancCentral National Association. (Attachments: #1 Addendum A)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 8, 2019 Filing 49 REQUEST FOR JUDICIAL NOTICE Request by Defendants BancCentral, National Association and Martin McNeil for Judicial Notice of Certain Pleadings Filed in the Kansas Receivership Action filed by Defendant BancCentral National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 8, 2019 Filing 48 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 filed by Defendant BancCentral National Association. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
April 1, 2019 Filing 47 NOTICE of Interested Parties filed by Plaintiff GemCap Lending I, LLC, identifying GemCap Lending I, LLC, Shane William Pertl, Mindy J. Montgomery, BancCentral National Association, Martin McNeil, Van Osdol, PC, Jonathon W. Davis, and Christopher Tucker. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 1, 2019 Filing 46 EVIDENTIARY OBJECTIONS to Declarations of Jonathan W. Davis, Anthony L. Gosserand, Martin McNeil, Kyle Hughbanks, Mindy Montgomery, William Shane Pertl and Christopher Tucker re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 1, 2019 Filing 45 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 in Support of Memorandum of Points and Authorities in Opposition to Motion to Dismiss #44 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 1, 2019 Filing 44 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 filed by Plaintiff GemCap Lending I, LLC. (Attachments: #1 Declaration of Richard Ellis, #2 Exhibit A (Part 1 of 2) to Declaration of Richard Ellis, #3 Exhibit A (Part 2 of 2) to Declaration of Richard Ellis, #4 Exhibit B through L to Declaration of Richard Ellis, #5 Exhibit M through O to Declaration of Richard Ellis, #6 Declaration of James Cullen)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 1, 2019 Filing 43 EVIDENTIARY OBJECTIONS to Declarations of Jonathan W. Davis, Anthony L. Gosserand, Martin McNeil, Kyle Hughbanks, Mindy Montgomery, William Shane Pertl and Christopher Tucker re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 1, 2019 Filing 42 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 in Support of Memorandum of Points and Authorities in Opposition to Motion to Dismiss #41 filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 1, 2019 Filing 41 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 filed by Plaintiff GemCap Lending I, LLC. (Attachments: #1 Declaration of Richard Ellis, #2 Exhibit A (Part 1 of 2) to Declaration of Richard Ellis, #3 Exhibit A (Part 2 of 2) to Declaration of Richard Ellis, #4 Exhibit B through L to Declaration of Richard Ellis, #5 Exhibit M through O to Declaration of Richard Ellis, #6 Declaration of James Cullen)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
April 1, 2019 Opinion or Order Filing 40 ORDER DENYING CONTINUING THE DATE OF THE SCHEDULING CONFERENCE #38 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv) [Transferred from California Central on 8/16/2019.]
March 29, 2019 Opinion or Order Filing 39 ORDER DENYING CONTINUING HEARING DATE ON DEFENDANTS' MOTIONS TO DISMISS FROM APRIL 22, 2019 TO APRIL 29, 2019 #37 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv) [Transferred from California Central on 8/16/2019.]
March 29, 2019 Filing 38 STIPULATION to Reschedule Scheduling Conference filed by Defendants Jonathon W. Davis, Van Osdol, PC. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Plaskin, Leah) [Transferred from California Central on 8/16/2019.]
March 28, 2019 Filing 37 STIPULATION to Continue HEARING DATE ON DEFENDANTS' MOTIONS TO DISMISS from APRIL 22, 2019 to APRIL 29, 2019 Re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim #28 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 filed by plaintiff GemCap Lending I, LLC. (Attachments: #1 Proposed Order)(Attorney Carol Chow added to party GemCap Lending I, LLC (pty:pla))(Chow, Carol) [Transferred from California Central on 8/16/2019.]
March 27, 2019 Opinion or Order Filing 36 MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for May 6, 2019 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before April 22, 2019. (iv) [Transferred from California Central on 8/16/2019.]
March 27, 2019 Filing 35 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Christopher Tucker. Motion set for hearing on 4/29/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order) (Betpera, Artin) [Transferred from California Central on 8/16/2019.]
March 27, 2019 Filing 34 Text Entry Order STRIKING MOTION to Dismiss Case filed by Defendant Christopher Tucker #32 . Reason: Hearing date is untimely. Papers set hearing for April 15, 2019 which is untimely. Docket text does not match document.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY [Transferred from California Central on 8/16/2019.]
March 25, 2019 Filing 33 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #32 (Attachments: #1 Proposed Order)(Betpera, Artin) [Transferred from California Central on 8/16/2019.]
March 25, 2019 Filing 32 [stricken] NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Christopher Tucker. Motion set for hearing on 4/22/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum, #2 Exhibit 1, #3 Exhibit 2) (Betpera, Artin) Modified on 3/27/2019 (sr). [Transferred from California Central on 8/16/2019.]
March 25, 2019 Filing 31 PROOF OF SERVICE filed by Defendant BancCentral National Association, re Declaration (Motion related), #30 , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 served on March 25, 2019. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 25, 2019 Filing 30 DECLARATION of Christopher C. Miles In Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support #29 filed by Defendant BancCentral National Association. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 25, 2019 Filing 29 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support filed by Defendant BancCentral National Association. Motion set for hearing on 4/22/2019 at 01:30 PM before Judge John F. Walter. (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 Proposed Order) (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 22, 2019 Filing 28 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim filed by Defendants Jonathon W. Davis, Van Osdol, PC. Motion set for hearing on 4/22/2019 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jonathan W. Davis, #3 Declaration of Anthony L. Gosserand, President of Van Osdol, PC, #4 Declaration of Martin McNeil, #5 Declaration of Kyle D. Hughbanks, President of Banccentral National Association, #6 Declaration of Mindy Montgomery, #7 Declaration of Shane Pertl, #8 Declaration of Chris Tucker, #9 Declaration of Leah Plaskin Lorenz, #10 Request for Judicial Notice, #11 Certificate and Notice of Interested Parties, #12 Proposed Order, #13 Certificate of Service) (Plaskin, Leah) [Transferred from California Central on 8/16/2019.]
March 20, 2019 Filing 27 STATEMENT Meet and Confer Pursuant to Local Rule 7-3 and the Court's March 11, 2019 Standing Order filed by Defendants Jonathon W. Davis, Van Osdol, PC (Joint) (Rosing, Heather) [Transferred from California Central on 8/16/2019.]
March 18, 2019 Filing 26 STATEMENT Reporting on Meet and Confer Conference Regarding Motion to Dismiss Pursuant to Standing Order and Local Rule 7-3 filed by Defendant Christopher Tucker (Joint) (Betpera, Artin) [Transferred from California Central on 8/16/2019.]
March 15, 2019 Filing 25 DECLARATION of Artin Betpera , Lead Trial Counsel, re: Compliance with Local Rules Governing Electronic Filing filed by Defendant Christopher Tucker. (Betpera, Artin) [Transferred from California Central on 8/16/2019.]
March 15, 2019 Filing 24 DECLARATION of Christopher C. Miles Lead Counsel re: Compliance with Local Rules Governing Electronic Filing filed by Defendants BancCentral National Association, Martin McNeil. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 14, 2019 Filing 23 DECLARATION of Todd M. Lander re Order #20 Declaration of Lead Trial Counsel Re: Compliance With Local Rules Governing Electronic Filing filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
March 14, 2019 Filing 22 DECLARATION of Heather L. Rosing re Order #20 Declaration of Lead Trial Counsel Re: Compliance with Local Rules Governing Electronic Filing filed by Defendants Jonathon W. Davis, Van Osdol, PC. (Rosing, Heather) [Transferred from California Central on 8/16/2019.]
March 11, 2019 Opinion or Order Filing 21 Text Entry Order by Judge John F. Walter: All pending Motions/Requests are denied without prejudice to refiling in accordance with this Court's Standing Order issued March 11, 2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY [Transferred from California Central on 8/16/2019.]
March 11, 2019 Opinion or Order Filing 20 STANDING ORDER by Judge John F. Walter, (sr) [Transferred from California Central on 8/16/2019.]
March 9, 2019 Filing 19 REPLY in support EX PARTE APPLICATION to Exceed Page Limitation Brief in Support of Motion to Dismiss, or in the Alternative, to Transfer Venue Pursuant to 28 USC Section 1404(a) #9 filed by Defendants BancCentral National Association, Martin McNeil. (Attachments: #1 Declaration Declaration of Christopher Miles)(Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 8, 2019 Filing 18 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Alexander F. MacKinnon to Judge John F. Walter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Patrick J. Walsh. The case number will now reflect the initials of the transferee Judges 2:19-cv01472 JFW(PJWx). (rn) [Transferred from California Central on 8/16/2019.]
March 8, 2019 Filing 17 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Christopher Tucker. Motion set for hearing on 4/9/2019 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Betpera, Artin) [Transferred from California Central on 8/16/2019.]
March 8, 2019 Filing 16 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff GemCap Lending I, LLC. (Lander, Todd) [Transferred from California Central on 8/16/2019.]
March 8, 2019 Filing 15 MEMORANDUM in Opposition to EX PARTE APPLICATION to Exceed Page Limitation Brief in Support of Motion to Dismiss, or in the Alternative, to Transfer Venue Pursuant to 28 USC Section 1404(a) #9 filed by Plaintiff GemCap Lending I, LLC. (Attachments: #1 Declaration of Todd M. Lander)(Lander, Todd) [Transferred from California Central on 8/16/2019.]
March 7, 2019 Filing 14 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , Transfer Venue, and Dismiss For Failure to State A Claim filed by Defendants Jonathon W. Davis, Van Osdol, PC. Motion set for hearing on 4/16/2019 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jonathan W. Davis, #3 Declaration of Anthony L. Gosserand, President of Van Osdol, PC, #4 Declaration of Martin McNeil, #5 Declaration of Kyle D. Hughbanks, President of Banccentral National Association, #6 Declaration of Mindy Montgomery, #7 Declaration of Shane Pertl, #8 Declaration of Chris Tucker, #9 Declaration of Leah Plaskin Lorenz, #10 Request for Judicial Notice, #11 Certification and Notice of Interested Parties, #12 Proposed Order, #13 Certificate of Service) (Attorney Leah A Plaskin added to party Jonathon W. Davis(pty:dft), Attorney Leah A Plaskin added to party Van Osdol, PC(pty:dft)) (Plaskin, Leah) [Transferred from California Central on 8/16/2019.]
March 7, 2019 Filing 13 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (ib) [Transferred from California Central on 8/16/2019.]
March 7, 2019 Filing 12 Notice of Withdrawal of Motion to Dismiss for Lack of Jurisdiction, #10 filed by Defendant BancCentral National Association. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 7, 2019 Filing 11 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. Section 1404(a) and Memorandum of Point and Authorities in Support filed by Defendant BancCentral National Association. Motion set for hearing on 4/9/2019 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order) (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 7, 2019 Filing 10 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, to Transfer Venue Pursuant to 28 USC Section 1404(a) filed by Defendant BancCentral National Association. Motion set for hearing on 4/9/2019 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order) (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 7, 2019 Filing 9 EX PARTE APPLICATION to Exceed Page Limitation Brief in Support of Motion to Dismiss, or in the Alternative, to Transfer Venue Pursuant to 28 USC Section 1404(a) filed by Defendant BancCentral National Association. (Attachments: #1 Declaration of Christopher Miles, #2 Proposed Order) (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
March 1, 2019 Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Artin Betpera counsel for Defendant Christopher Tucker. Adding Artin Betpera as counsel of record for Christopher Tucker for the reason indicated in the G-123 Notice. Filed by Defendant Christopher Tucker. (Attorney Artin Betpera added to party Christopher Tucker(pty:dft))(Betpera, Artin) [Transferred from California Central on 8/16/2019.]
March 1, 2019 Filing 7 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 CV-11C) (jtil) [Transferred from California Central on 8/16/2019.]
February 28, 2019 CONFORMED COPY OF COMPLAINT filed by Plaintiff GemCap Lending I, LLC in Los Angeles Superior Court on 1/14/2018, attached as Exhibit 1. (jtil) [Transferred from California Central on 8/16/2019.]
February 28, 2019 Filing 6 CERTIFICATE OF SERVICE filed by Defendants BancCentral National Association, Jonathon W. Davis, Martin, McNeil, Van Osdol, PC, Mindy J. Montgomery, William Shane Pertl, Christopher Tucker, re Corporate Disclosure Statement #5 , Notice (Other) #4 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,,,,, #1 , Certificate/Notice of Interested Parties #3 served on 02/28/2019. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
February 28, 2019 Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendant BancCentral National Association identifying Myers BancShares, Inc. as Corporate Parent. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
February 28, 2019 Filing 4 NOTICE Pendency of Other Actions or Proceedings filed by Defendants BancCentral National Association, Jonathon W. Davis, Martin, McNeil, Van Osdol, PC, Mindy J. Montgomery, William Shane Pertl, Christopher Tucker. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
February 28, 2019 Filing 3 CERTIFICATE of Interested Parties filed by Defendants All Defendants, identifying Myers BancShares, Inc.. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
February 28, 2019 Filing 2 CIVIL COVER SHEET filed by Defendants BancCentral National Association, Jonathon W. Davis, Martin, McNeil, Van Osdol, PC, Mindy J. Montgomery, William Shane Pertl, Christopher Tucker. (Miles, Christopher) [Transferred from California Central on 8/16/2019.]
February 28, 2019 Filing 1 NOTICE OF REMOVAL from Superior Court of California County of Los Angeles, case number 18STCV07133 Receipt No: 0973-23295410 - Fee: $400, filed by Defendants Jonathon W. Davis, BancCentral National Association, Mindy J. Montgomery, Christopher Tucker, William Shane Pertl, Martin, McNeil, Van Osdol, PC. (Attachments: #1 Exhibit 1A - Service Packet, #2 Exhibit 1B - Service Packet, #3 Exhibit 1C - Service Packet, #4 Exhibit 1D - Service Packet, #5 Exhibit 2A - Service Packet, #6 Exhibit 2B - Service Packet, #7 Exhibit 2C - Service Packet, #8 Exhibit 2D - Service Packet, #9 State Court Documents 1, #10 State Court Documents 2, #11 State Court Documents 3, #12 State Court Documents 4, #13 State Court Documents 5, #14 State Court Documents 6, #15 State Court Documents 7, #16 State Court Documents 8, #17 State Court Documents 9, #18 State Court Documents 10, #19 Christopher Miles, #20 Chris Tucker, #21 Jonathan Davis, #22 Mindy Montgomery, #23 Shane Pertl, #24 Von Osdol - Gosserand) (Attorney Christopher Claiborne Miles added to party BancCentral National Association(pty:dft), Attorney Christopher Claiborne Miles added to party Jonathon W. Davis(pty:dft), Attorney Christopher Claiborne Miles added to party Martin, McNeil, Van Osdol, PC(pty:dft), Attorney Christopher Claiborne Miles added to party Mindy J. Montgomery(pty:dft), Attorney Christopher Claiborne Miles added to party William Shane Pertl(pty:dft), Attorney Christopher Claiborne Miles added to party Christopher Tucker(pty:dft))(Miles, Christopher) [Transferred from California Central on 8/16/2019.]

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Search for this case: GemCap Lending I, LLC v. Shane William Pertl et al
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Defendant: William Shane Pertl
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Defendant: Van Osdol, PC
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Defendant: Jonathon W. Davis
Represented By: Kate E. Juvinall
Represented By: Michael D. Fielding
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Defendant: Mindy J. Montgomery
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Defendant: Does 1-25, inclusive
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Defendant: Christopher Tucker
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Defendant: BancCentral National Association
Represented By: Kate E. Juvinall
Represented By: Michael D. Fielding
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Defendant: Martin McNeil
Represented By: Kate E. Juvinall
Represented By: Michael D. Fielding
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Plaintiff: GemCap Lending I, LLC
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