Fifth Third v. MacAuley Commercial Holdings, LLC, et al
| Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation |
| Leaf Funding, Inc., a foreign corporation, MacAuley Commercial Holdings, LLC, a Michigan limited liability company, Corporation Service Company, Ascentium Capital, LLC, a foreign limited liability company, Richard MacAuley, an individual, Sleep Diagnostics of Michigan, P.C., a Michigan professional service corporation, State of Michigan, Philips Medical Capital, LLC, a foreign limited liability company and United States of America - Internal Revenue Service |
| 1:2015cv12234 |
| June 19, 2015 |
| US District Court for the Eastern District of Michigan |
| Thomas L Ludington |
| Patricia T Morris |
| Personal Property: Other |
| 28 U.S.C. § 1442 |
| None |
Docket Report
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| Filing 59 PERIODIC WRIT of garnishment issued as to Richard MacAuley and garnishee Advanced Medical Services PLLC. (DPer) |
| Filing 58 INCOME TAX REFUND/CREDIT WRIT of garnishment issued as to Richard MacAuley and garnishee Michigan Department of Treaury. (DPer) |
| Filing 57 PERIODIC WRIT of garnishment issued as to Richard MacAuley and garnishee Live For More Inc. (DPer) |
| Filing 56 PERIODIC WRIT of garnishment issued as to Richard MacAuley and garnishee Online Medical Care PC. (DPer) |
| Filing 55 PERIODIC WRIT of garnishment issued as to Richard MacAuley and garnishee Premier Health Care PC. (DPer) |
| Filing 49 CONSENT JUDGMENT. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 48
Stipulated Order Setting Aside Dismissal and Reinstating Lawsuit. Signed by District Judge Thomas L. Ludington. (KWin)
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| Filing 47 SETTLEMENT AGREEMENT Relating to #46 Stipulated Order Dismissing Case Without Prejudice. (KWin) |
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Filing 46
STIPULATED ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by District Judge Thomas L. Ludington. (Sian, M)
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Filing 45
ORDER for Plaintiff to Show Cause Why This Case Should Not be Dismissed for Failure to Prosecute. Show Cause Response due by 1/24/2017. Signed by District Judge Thomas L. Ludington. (Sian, M)
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| Minute Entry for proceedings before District Judge Thomas L. Ludington: Status Conference held on 11/29/2016. (Sian, M) |
| Filing 44 NOTICE of Appearance by James Strandjord on behalf of United States of America - Internal Revenue Service. (Strandjord, James) |
| Filing 43 NOTICE TO APPEAR: IN-PERSON Status Conference set for 11/29/2016 at 03:30 PM before District Judge Thomas L. Ludington. (Sian, M) |
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TEXT-ONLY ORDER Extending Deadline for Submission of Closing Documents. Closing Documents Due 10/28/2016. Signed by District Judge Thomas L. Ludington. (KWin)
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Filing 42
STIPULATION AND ORDER Adjourning In-Person Status Conference and Extending Date to Submit Closing Documents. (Closing Documents due by 9/26/2016) Signed by District Judge Thomas L. Ludington. (Sian, M)
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Filing 41
ORDER Scheduling In-Person Status Conference. (In-Person Status Conference set for 8/30/2016 at 04:00 PM before District Judge Thomas L. Ludington) Signed by District Judge Thomas L. Ludington. (Sian, M)
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TEXT-ONLY ORDER Adjourning Closing Document Deadline until 8/3/2016. (Closing Documents due by 8/3/2016) Signed by District Judge Thomas L. Ludington. (Sian, M)
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| Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 6/29/2016. (Sian, M) |
| Reset Deadlines/Hearings: TELEPHONIC Status Conference RESET for 6/29/2016 at 01:00 PM before District Judge Thomas L. Ludington. (Sian, M) |
| Filing 40 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 6/24/2016 at 03:00 PM before District Judge Thomas L. Ludington. (Sian, M) |
| Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 6/1/2016. (Sian, M) |
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Filing 39
STIPULATION and ORDER Adjourning Dates and Directing Submission of Closing Documents. ( TELEPHONIC Status Conference set for 6/1/2016 04:00 PM before District Judge Thomas L. Ludington) Signed by District Judge Thomas L. Ludington. (JOwe)
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TEXT-ONLY ORDER Denying #35 MOTION for Order Permitting United States to be Represented at Settlement Conference Through In-Person Attendance of its Trial Attorney and Telephonic Participation of a Representative as Moot. Signed by District Judge Thomas L. Ludington. (Sian, M)
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| Filing 38 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 5/26/2016 at 03:00 PM before District Judge Thomas L. Ludington. (Sian, M) |
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Filing 37
ORDER Adjourning Dates and Directing Submission of Closing Documents. (Closing Documents due by 6/10/2016) Signed by District Judge Thomas L. Ludington. (Sian, M)
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| NOTICE of Error directed to: Moe Freedman re #36 Stipulation. Per ECF Policies and Procedures Rule 11(a), stipulations and proposed orders must be furnished through the Utilities function of CM/ECF. Docket #36 is stricken. [No Image Associated with this docket entry] (Sian, M) |
| Filing 36 [STRICKEN] STIPULATION Setting Priorities & Interests between Plaintiff and the Michigan Department of Treasury and Dismissing Case Against Michigan Department of Treasury by State of Michigan (Freedman, Moe) Modified on 5/16/2016 (Sian, M). |
| Filing 35 MOTION for Order Permitting United States to be Represented at Settlement Conference Through In-Person Attendance of its Trial Attorney and Telephonic Participation of a Representative by United States of America - Internal Revenue Service. (Attachments: #1 Exhibit Unreported Cases) (Burkhardt, Jeremy) |
| Filing 34 NOTICE by United States of America - Internal Revenue Service of Disclaimer of Interest (Burkhardt, Jeremy) |
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Filing 33
STIPULATION AND ORDER Adjourning Settlement Conference. (Settlement Conference reset for 5/16/2016 at 03:00 PM before District Judge Thomas L. Ludington) Signed by District Judge Thomas L. Ludington. (Sian, M)
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Filing 32
STIPULATION AND ORDER Adjourning Settlement Conference. (Settlement Conference reset for 4/27/2016 at 04:00 PM before District Judge Thomas L. Ludington) Signed by District Judge Thomas L. Ludington. (Sian, M)
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| NOTICE of Error directed to: Lisa A. Hall re #31 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DWor) |
| Filing 31 [STRICKEN] CERTIFICATE OF SERVICE by Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation Plaintiff's Rule 26 Expert Disclosures (Hall, Lisa) Modified on 2/22/2016 (DWor). |
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Filing 30
SCHEDULING ORDER: Settlement Conference set for 4/13/2016 at 02:00 PM before District Judge Thomas L. Ludington, Discovery due by 4/20/2016, Dispositive Motion Cut-off set for 5/18/2016, Final Pretrial Conference set for 9/21/2016 at 02:00 PM before District Judge Thomas L. Ludington, and Bench Trial set for 10/4/2016 at 08:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (Sian, M)
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| Filing 29 ATTORNEY APPEARANCE: Kenneth L. Gross appearing on behalf of MacAuley Commercial Holdings, LLC, a Michigan limited liability company, Richard MacAuley, an individual, Sleep Diagnostics of Michigan, P.C., a Michigan professional service corporation (Gross, Kenneth) |
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Filing 28
ORDER To Submit Material For Case Management Order. (Material due by 10/20/2015). Signed by District Judge Thomas L. Ludington. (Sian, M)
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| TEXT-ONLY NOTICE: Motion Hearing on 10/07/15 at 3:00 p.m. is Cancelled. (Sian, M) |
| Filing 27 NOTICE by Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation of withdrawal of #14 MOTION for Return of Property . (Moore, Michael) |
| Filing 26 RESPONSE to #14 MOTION for Return of Property filed by United States of America - Internal Revenue Service. (Burkhardt, Jeremy) |
| Filing 25 RESPONSE to #14 MOTION for Return of Property filed by State of Michigan. (Attachments: #1 Exhibit A) (Freedman, Moshe) |
| Filing 24 NOTICE OF HEARING on #14 MOTION for Return of Property . Motion Hearing set for 10/7/2015 at 03:00 PM before District Judge Thomas L. Ludington. (Sian, M) |
| Filing 23 CLERK'S ENTRY OF DEFAULT as to *Corporation Service Company* (LGra) |
| Filing 22 CLERK'S ENTRY OF DEFAULT as to *Ascentium Capital, LLC, a foreign limited liability company* (LGra) |
| Filing 21 CLERK'S ENTRY OF DEFAULT as to *Philips Medical Capital, LLC, a foreign limited liability company* (LGra) |
| Filing 20 CLERK'S ENTRY OF DEFAULT as to *Leaf Funding, Inc., a foreign corporation* (LGra) |
| Filing 19 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Corporation Service Company by Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation. (Hall, Lisa) |
| Filing 18 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Ascentium Capital, LLC, a foreign limited liability company by Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation. (Hall, Lisa) |
| Filing 17 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Philips Medical Capital, LLC, a foreign limited liability company by Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation. (Hall, Lisa) |
| Filing 16 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Leaf Funding, Inc., a foreign corporation by Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation. (Hall, Lisa) |
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Filing 15
ORDER for Plaintiff to Show Cause Why Case Should Not Be Dismissed Without Prejudice as to Defendants Leaf Funding Inc, Philips Medical Capital, LLC, Ascentium Captial, LLC and Corporation Service Company. Show Cause Response due by 9/18/2015 Signed by District Judge Thomas L. Ludington. (Sandusky, K)
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| Filing 14 MOTION for Return of Property by Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Hall, Lisa) |
| Filing 13 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by MacAuley Commercial Holdings, LLC, a Michigan limited liability company, Richard MacAuley, an individual, Sleep Diagnostics of Michigan, P.C., a Michigan professional service corporation (Bennett, David) |
| Filing 12 ANSWER to Complaint by State of Michigan. (Freedman, Moshe) |
| Filing 11 ANSWER to Complaint with Affirmative Defenses by MacAuley Commercial Holdings, LLC, a Michigan limited liability company, Richard MacAuley, an individual, Sleep Diagnostics of Michigan, P.C., a Michigan professional service corporation. (Bennett, David) |
| Filing 10 CERTIFICATE of Service/Summons Returned Executed. Corporation Service Company served on 5/26/2015, answer due 6/16/2015. (Hall, Lisa) |
| Filing 9 CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of State of Michigan served on 5/20/2015, answer due 7/20/2015; United States of America - Internal Revenue Service served on 5/28/2015, answer due 7/27/2015. (Hall, Lisa) |
| Filing 8 CERTIFICATE of Service/Summons Returned Executed. MacAuley Commercial Holdings, LLC, a Michigan limited liability company served on 5/27/2015, answer due 6/17/2015; Richard MacAuley, an individual served on 5/27/2015, answer due 6/17/2015; Sleep Diagnostics of Michigan, P.C., a Michigan professional service corporation served on 5/27/2015, answer due 6/17/2015. (Hall, Lisa) |
| Filing 7 CERTIFICATE of Service/Summons Returned Executed. Leaf Funding, Inc., a foreign corporation served on 5/21/2015, answer due 6/11/2015. (Hall, Lisa) |
| Filing 6 CERTIFICATE of Service/Summons Returned Executed. Philips Medical Capital, LLC, a foreign limited liability company served on 5/22/2015, answer due 6/12/2015. (Hall, Lisa) |
| Filing 5 NOTICE of Appearance by Lisa A. Hall on behalf of Fifth Third, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation. (Hall, Lisa) |
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Filing 4
ORDER REASSIGNING CASE from District Judge Marianne O. Battani, Magistrate Judge Anthony P. Patti in Detroit, MI to District Judge Thomas L. Ludington and Magistrate Judge Patricia T. Morris in Bay City, MI. (ATee)
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| Filing 3 CERTIFICATE of Service/Summons Returned Executed. Ascentium Capital, LLC, a foreign limited liability company served on 6/23/2015, answer due 7/14/2015. (Hall, Lisa) |
| Filing 2 ANSWER to Complaint with Affirmative Defenses by United States of America - Internal Revenue Service. (Erskine, Kevin) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DAll) |
| Filing 1 NOTICE OF REMOVAL by United States of America - Internal Revenue Service from Ogemaw County Circuit Court, case number 15-659627-PD. No Fee Required - US Government. [Previously dismissed case: No] [Possible companion case(s): None] (Erskine, Kevin) |
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