First Guaranty Bank v. Larmore et al
| First Guaranty Bank |
| Jonathan M. Larmore, Arciterra Strategic Retail Advisor, LLC, Arciterra Strategic Retail-Wheatland IL, LLC, Arciterra Strategic Retail-Briargate & Linden IL, LLC, Arciterra Strategic Income Corporation - Belleville Crossing IL, AT Wheatland Naperville IL, LLC, AT Briargate IL, LLC, AT Belleville Crossing IL-Inline, LLC, AT Forum Louisville KY II, LLC, AT Bloomington IL, LLC, Arciterra USB Rochester MN, LLC, Spike Holdings, LLC, Jonathan M Larmore, Arciterra Strategic Retail Advisor L L C, Arciterra Strategic Retail-Wheatland IL L L C, Arciterra Strategic Retail-Briargate & Linden IL L L C, Arciterra Strategic Income Corp - Belleville Crossing IL, A T Wheatland Naperville IL L L C, A T Briargate IL L L C, A T Belleville Crossing IL-Inline L L C, A T Forum Louisville KY II L L C, A T Bloomington IL L L C, Arciterra U S B Rochester MN L L C and Spike Holdings L L C |
| 5:2023cv00683 |
| May 22, 2023 |
| US District Court for the Western District of Louisiana |
| Mark L Hornsby |
| Donald E Walter |
| Real Property: Foreclosure |
| 12 U.S.C. § 0191 Bank Foreclosure |
| None |
Docket Report
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Filing 23
ORDER granting #22 Motion for Extension of Time to Answer re #1 Complaint. A T Belleville Crossing IL-Inline L L C answer due 7/31/2023; A T Bloomington IL L L C answer due 7/31/2023; A T Briargate IL L L C answer due 7/31/2023; A T Forum Louisville KY II L L C answer due 7/31/2023; A T Wheatland Naperville IL L L C answer due 7/31/2023; Arciterra Strategic Income Corp - Belleville Crossing IL answer due 7/31/2023; Arciterra Strategic Retail Advisor L L C answer due 7/31/2023; Arciterra Strategic Retail-Briargate & Linden IL L L C answer due 7/31/2023; Arciterra Strategic Retail-Wheatland IL L L C answer due 7/31/2023; Arciterra U S B Rochester MN L L C answer due 7/31/2023; Jonathan M Larmore answer due 7/31/2023; Spike Holdings L L C answer due 7/31/2023. Signed by Magistrate Judge Mark L Hornsby on 7/20/2023. (crt,Keller, J)
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| Filing 22 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,,, with consent by All Defendants. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 7/19/2023. (Attachments: #1 Proposed order)(aty,Adams, W) |
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Filing 21
ORDER granting #20 Corrected Order of Appointment of Receiver. Signed by Magistrate Judge Mark L Hornsby on 7/5/2023. (crt,Chavis, J)
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| Filing 20 MOTION Correction of Order Under Rule 60(a) re #8 Order on Motion for Miscellaneous Relief, by First Guaranty Bank. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 6/30/2023. (Attachments: #1 Memorandum / Brief, #2 Exhibit A, #3 Proposed order - Motion to Amend Order to Correct Clerical Error, #4 Proposed order - Corrected Order of Appointment of Receiver)(aty,Drell, Bradley) |
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Filing 19
ORDER granting #15 Motion for Extension of Time to Answer re #1 Complaint,. A T Belleville Crossing IL-Inline L L C answer due 7/20/2023; A T Bloomington IL L L C answer due 7/20/2023; A T Briargate IL L L C answer due 7/20/2023; A T Forum Louisville KY II L L C answer due 7/20/2023; A T Wheatland Naperville IL L L C answer due 7/20/2023; Arciterra Strategic Income Corp - Belleville Crossing IL answer due 7/20/2023; Arciterra Strategic Retail Advisor L L C answer due 7/20/2023; Arciterra Strategic Retail-Briargate & Linden IL L L C answer due 7/20/2023; Arciterra Strategic Retail-Wheatland IL L L C answer due 7/20/2023; Arciterra U S B Rochester MN L L C answer due 7/20/2023; Jonathan M Larmore answer due 7/20/2023; Spike Holdings L L C answer due 7/20/2023. Signed by Magistrate Judge Mark L Hornsby on 6/30/2023. (crt,Thomas, T)
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Filing 18
ORDER granting #17 Motion to Set Aside #14 Clerk's Entry of Default . Signed by Magistrate Judge Mark L Hornsby on 6/30/2023. (crt,Thomas, T)
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| Filing 17 Unopposed MOTION to Set Aside #14 Clerk's Entry of Default, by All Defendants. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 6/29/2023. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Adams, W) |
| Motions Transferred regarding #17 Unopposed MOTION to Set Aside #14 Clerk's Entry of Default, . Motions referred to Judge Donald E Walter. (crt,Thomas, T) |
| Filing 16 NOTICE of Deficiency to W Michael Adams on behalf of A T Belleville Crossing IL-Inline L L C, A T Bloomington IL L L C, A T Briargate IL L L C, A T Forum Louisville KY II L L C, A T Wheatland Naperville IL L L C, Arciterra Strategic Income Corp - Belleville Crossing IL, Arciterra Strategic Retail Advisor L L C, Arciterra Strategic Retail-Briargate & Linden IL L L C, Arciterra Strategic Retail-Wheatland IL L L C, Arciterra U S B Rochester MN L L C, Jonathan M Larmore, Spike Holdings L L C regarding #15 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint with consent . Reason: The document was filed on behalf of a party against whom default has been entered. The only pleading permissible from a party in default is a motion to set aside the default. (crt,Thomas, T) |
| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint with consent by All Defendants. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 6/28/2023. (Attachments: #1 Proposed order)(Attorney W Michael Adams added to party A T Belleville Crossing IL-Inline L L C(pty:dft), Attorney W Michael Adams added to party A T Bloomington IL L L C(pty:dft), Attorney W Michael Adams added to party A T Briargate IL L L C(pty:dft), Attorney W Michael Adams added to party A T Forum Louisville KY II L L C(pty:dft), Attorney W Michael Adams added to party A T Wheatland Naperville IL L L C(pty:dft), Attorney W Michael Adams added to party Arciterra Strategic Income Corp - Belleville Crossing IL(pty:dft), Attorney W Michael Adams added to party Arciterra Strategic Retail Advisor L L C(pty:dft), Attorney W Michael Adams added to party Arciterra Strategic Retail-Briargate & Linden IL L L C(pty:dft), Attorney W Michael Adams added to party Arciterra Strategic Retail-Wheatland IL L L C(pty:dft), Attorney W Michael Adams added to party Arciterra U S B Rochester MN L L C(pty:dft), Attorney W Michael Adams added to party Jonathan M Larmore(pty:dft), Attorney W Michael Adams added to party Spike Holdings L L C(pty:dft))(aty,Adams, W) Modified to reflect deficiency on 6/28/2023 (Thomas, T). Modified to remove deficiency on 6/30/2023 (Thomas, T). |
| Filing 14 CLERK'S ENTRY OF DEFAULT as to A T Belleville Crossing IL-Inline L L C, A T Bloomington IL L L C, A T Briargate IL L L C, A T Forum Louisville KY II L L C, A T Wheatland Naperville IL L L C, Arciterra Strategic Income Corp - Belleville Crossing IL, Arciterra Strategic Retail Advisor L L C, Arciterra Strategic Retail-Briargate & Linden IL L L C, Arciterra Strategic Retail-Wheatland IL L L C, Arciterra U S B Rochester MN L L C, Jonathan M Larmore, Spike Holdings L L C (crt,Thomas, T) |
| Filing 13 MOTION/REQUEST for Entry of Default as to All Defendants by First Guaranty Bank. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 6/19/2023. (Attachments: #1 Exhibit Certificate/Declaration of Counsel)(aty,Drell, Bradley) |
| Filing 12 ACKNOWLEDGMENT OF SERVICE filed by First Guaranty Bank as to A T Belleville Crossing IL-Inline L L C, A T Bloomington IL L L C, A T Briargate IL L L C, A T Forum Louisville KY II L L C, A T Wheatland Naperville IL L L C, Arciterra Strategic Income Corp - Belleville Crossing IL, Arciterra Strategic Retail Advisor L L C, Arciterra Strategic Retail-Briargate & Linden IL L L C, Arciterra Strategic Retail-Wheatland IL L L C, Arciterra U S B Rochester MN L L C, Jonathan M Larmore, Spike Holdings L L C. Defendants served 5/26/2023, answer due 6/16/2023. (Attachments: #1 USPS Tracking)(aty,Drell, Bradley) Modified to edit text on 6/1/2023 (Thomas, T). |
| Filing 11 CERTIFICATE OF SERVICE by First Guaranty Bank re #3 Summons Issued - All, (aty,Drell, Bradley) |
| Filing 10 DIVERSITY JURISDICTION DISCLOSURE STATEMENT by First Guaranty Bank. (aty,Drell, Bradley) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by First Guaranty Bank identifying Corporate Parent First Guaranty Bancshares, Inc. for First Guaranty Bank. (aty,Drell, Bradley) |
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Filing 8
ORDER granting #6 Motion for Appointment of a Receiver. Trigild Inc is hereby appointed as the receiver to take possession of and administer all of Defendants rights with respect to the Property. Signed by Magistrate Judge Mark L Hornsby on 5/24/2023. (crt,Thomas, T)
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| Filing 7 PROPOSED ORDER/JUDGMENT by First Guaranty Bank re #6 Motion for Miscellaneous Relief,. (aty,Drell, Bradley) |
| Filing 6 Ex Parte MOTION for Appointment of a Receiver / Emergency Consent by First Guaranty Bank. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 5/23/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Memorandum / Brief)(aty,Drell, Bradley) |
| Filing 5 NOTICE of Diversity Jurisdiction Disclosure Statement Requirement re: #1 Complaint sent to Bradley L Drell on behalf of First Guaranty Bank. Diversity Jurisdiction Disclosure Statement due by 6/6/2023. (crt,Thomas, T) |
| Filing 4 NOTICE of Corporate Disclosure Statement Requirement re: #1 Complaint sent to Bradley L Drell on behalf of First Guaranty Bank. Corporate Disclosure Statement due by 6/6/2023. (crt,Thomas, T) |
| Filing 3 SUMMONS ISSUED as to A T Belleville Crossing IL-Inline L L C, A T Bloomington IL L L C, A T Briargate IL L L C, A T Forum Louisville KY II L L C, A T Wheatland Naperville IL L L C, Arciterra Strategic Income Corp - Belleville Crossing IL, Arciterra Strategic Retail Advisor L L C, Arciterra Strategic Retail-Briargate & Linden IL L L C, Arciterra Strategic Retail-Wheatland IL L L C, Arciterra U S B Rochester MN L L C, Jonathan M Larmore, Spike Holdings L L C. (crt,Thomas, T) |
| Filing 2 NOTICE of Appearance by Heather M Mathews on behalf of First Guaranty Bank (aty,Mathews, Heather) |
| CASE Assigned to Judge Donald E Walter and Magistrate Judge Mark L Hornsby. (crt,Thomas, T) |
| Filing 1 COMPLAINT Seeking (I) Amounts Due Under Notes and (II) Recognition of Security Interests against All Defendants (Filing fee $402, receipt number ALAWDC-5567135) filed by First Guaranty Bank. (Attachments: #1 Verification, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit B-1, #10 Exhibit B-2, #11 Exhibit B-3, #12 Exhibit B-4, #13 Exhibit B-5, #14 Exhibit B-6, #15 Exhibit C-1, #16 Exhibit C-2, #17 Exhibit C-3, #18 Exhibit C-4, #19 Exhibit C-5, #20 Exhibit C-6, #21 Exhibit D-1, #22 Exhibit D-2, #23 Exhibit D-3, #24 Exhibit D-4, #25 Exhibit D-5, #26 Exhibit D-6, #27 Exhibit E-1, #28 Exhibit E-2, #29 Exhibit E-3, #30 Exhibit E-4, #31 Exhibit E-5, #32 Exhibit E-6, #33 Exhibit F, #34 Civil cover sheet)(Attorney Bradley L Drell added to party First Guaranty Bank(pty:pla))(aty,Drell, Bradley) |
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