Mikka et al v. TriState Capital Bank et al
| Mary Jane West, Mary Jane West Living Trust and Donald B. Mikka |
| David A. Rockwell, Gralyn Financial Services LLC, TriState Capital Bank and Lee C. Broyles |
| 2:2019cv12635 |
| September 9, 2019 |
| US District Court for the Eastern District of Michigan |
| Marianne O Battani |
| Elizabeth A Stafford |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| TEXT-ONLY NOTICE: Motion Hearing on 3/12/20 is Cancelled. (MarW) |
Filing 54
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION, AN ACCOUNTING, AND APPOINTMENT OF A RECEIVER re #27 Motion for Preliminary Injunction. Signed by District Judge Marianne O. Battani. (KDoa)
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| Filing 53 RESPONSE to #39 MOTION in Limine to Preclude David Aaron Rockwell from Introducing Undisclosed Evidence filed by David A. Rockwell. (Loeb, Thomas) |
| Set/Reset Deadlines as to #39 MOTION in Limine to Preclude David Aaron Rockwell from Introducing Undisclosed Evidence. Response due by 3/2/2020. (MarW) |
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TEXT-ONLY ORDER Granting #50 Motion to Extend Time to file Response to #39 Motion and Limine. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)
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| TEXT-ONLY NOTICE: Motion Hearing on 3/12/20 is Cancelled in regards to #39 Motion in Limine (ONLY). The Motion Hearing on the other two motions will still go forth on March 12, 2020. (MarW) |
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Filing 52
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford: #50 MOTION for Extension of Time to Respond to Plaintiffs' Motion in Limine filed by David A. Rockwell. Signed by District Judge Marianne O. Battani. (KDoa)
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| Filing 51 RESPONSE to #36 MOTION to Take Deposition from David A. Rockwell filed by David A. Rockwell. (Loeb, Thomas) |
| Filing 50 MOTION for Extension of Time to Respond to Plaintiffs' Motion in Limine by David A. Rockwell. (Loeb, Thomas) |
| Filing 49 NOTICE OF HEARING BY TELEPHONE on #39 MOTION in Limine to Preclude David Aaron Rockwell from Introducing Undisclosed Evidence. Response due by 2/18/2020; Reply, if any due by 3/3/2020. Motion Hearing set for 3/12/2020 at 10:30 AM before Magistrate Judge Elizabeth A. Stafford. (Court to initiate phone conference) (MarW) |
| Filing 48 NOTICE by TriState Capital Bank of Discontinuance of Notice of Electronic Filings (Howlett, Thomas) |
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Filing 47
ORDER Requiring Response to #28 Motion for Summary Judgment - Defendants Response due by 2/28/2020; Plaintiffs Reply due by 3/6/2020 Signed by District Judge Marianne O. Battani. (KDoa)
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Filing 46
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford: #39 MOTION in Limine to Preclude David Aaron Rockwell from Introducing Undisclosed Evidence filed by Mary Jane West Living Trust, Mary Jane West, Donald B. Mikka (actually a discovery motion). Signed by District Judge Marianne O. Battani. (KDoa)
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| Minute Entry - Telephonic Status Conference with Case Manager held on 2/11/2020 with Mark Aiello, Thomas Loeb and Keith Corbett. Motion in Limine filed on 2/3/20 is actually a discovery motion and will be referred to Magistrate Judge Stafford. Counsel will have a conference at Mark Aiello's office on Friday, February 14, 2020 at 9:30 a.m. to discuss pending motions. Plaintiff's motion for preliminary injunction is possibly resolved and counsel will submit a stipulation and proposed order as soon as possible. Defendant shall have until February 28, 2020 to file a response to the Motion for Summary Judgment and Plaintiff shall have until March 6, 2020 to file a reply. (KDoa) |
| Filing 45 REPLY to Response re #28 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Escrow Payment to Security Title, #3 Exhibit B: Payment to Six Bends, #4 Exhibit C: Payment to O'Brien Hyundai, #5 Exhibit D: Payment to T. Loeb, #6 Exhibit E: Payment to A. Cornwell, #7 Exhibit F: Payment to White Sands, #8 Exhibit G: Payment to D. Rockwell, #9 Exhibit H: Payment to A. Koski, #10 Exhibit I: Payment to Landsel Title, #11 Exhibit J: Payment to Cape Coral, #12 Exhibit K: SWFL Financial Profile, #13 Exhibit L: Line of Credit to L. Cornwell, #14 Exhibit M: Deeds for 9384 River Otter Drive, #15 Exhibit N: Excerpt of Dep. of Lee Broyles) (Aiello, Mark) |
| Filing 44 REPLY to Response re #27 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Escrow Payment to Security Title, #3 Exhibit B: Payment to Six Bends, #4 Exhibit C: Payment to O'Brien Hyundai, #5 Exhibit D: Payment to T. Loeb, #6 Exhibit E: Payment to A. Cornwell, #7 Exhibit F: Payment to White Sands, #8 Exhibit G: Payment to D. Rockwell, #9 Exhibit H: Payment to A. Koski, #10 Exhibit I: Payment to Landsel Title, #11 Exhibit J: Payment to Cape Coral, #12 Exhibit K: SWFL Financial Profile, #13 Exhibit L: Line of Credit to L. Cornwell, #14 Exhibit M: Draft Order Granting Prel. Inj., #15 Exhibit N: Deeds for 9384 River Otter Drive, #16 Exhibit O: Dep. Excerpt of Lee Broyles) (Aiello, Mark) |
| Filing 43 NOTICE OF HEARING on #36 MOTION to Take Deposition from David A. Rockwell , #24 MOTION for Default Judgment as to Lee C. Broyles, Gralyn Financial Services LLC . Motion Hearing set for 3/12/2020 at 10:30 AM before Magistrate Judge Elizabeth A. Stafford. (Telephonic Status Conference on 2/10/20 is cancelled) (MarW) |
| TEXT-ONLY NOTICE: Telephonic Status Conference on 2/10/20 is Cancelled Regarding Plaintiff's Motion to Take Deposition of Rockwell. (MarW) Modified on 2/7/2020 (MarW). |
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Filing 42
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford: #24 MOTION for Default Judgment as to Lee C. Broyles, Gralyn Financial Services LLC filed by Mary Jane West Living Trust, Mary Jane West, Donald B. Mikka. Signed by District Judge Marianne O. Battani. (KDoa)
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| Filing 41 NOTICE TO APPEAR BY TELEPHONE: Status Conference regarding Plaintiff's Motion to Compel Deposition set for 2/10/2020 at 11:00 AM before Magistrate Judge Elizabeth A. Stafford. (Plaintiff's counsel to initiate phone conference) (MarW) |
| Filing 40 AMENDED NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 2/11/2020 10:00 AM before District Judge Marianne O. Battani (KDoa) |
| Filing 39 MOTION in Limine to Preclude David Aaron Rockwell from Introducing Undisclosed Evidence by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Affidavit of MJ West, #3 Exhibit B: Gralyn Financial Organizational Docs, #4 Exhibit C: D. Rockwell Arrest Record, #5 Exhibit D. D. Rockwell Jailhouse Letter 1, #6 Exhibit E: D. Rockwell Jailhouse Letter 2, #7 Exhibit F: D. Rockwell Jailhouse Voicemail, #8 Exhibit G: Redacted Bank Records, #9 Exhibit H: D. Rockwell DEC Profile, #10 Exhibit I: Notice of Deposition of D. Rockwell, #11 Exhibit J: T. Loeb October 16, 2019 Email, #12 Exhibit K: Plaintiffs' First Set of Document Requests to Defendants) (Aiello, Mark) |
| Filing 38 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/5/2020 01:00 PM before District Judge Marianne O. Battani COUNSEL DIRECTED TO BE AVAILABLE TELEPHONICALLY FOR THE CONFERENCE (KDoa) |
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Filing 37
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford: #36 MOTION to Take Deposition from David A. Rockwell filed by Mary Jane West Living Trust, Mary Jane West, Donald B. Mikka. Signed by District Judge Marianne O. Battani. (KDoa)
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| Filing 36 MOTION to Take Deposition from David A. Rockwell by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Notice of Deposition of D. Rockwell, #3 Exhibit B: Loeb October 16, 2019 Email, #4 Exhibit C: Plaintiffs' First Set of Document Requests) (Aiello, Mark) |
| Filing 35 EXPERT SUMMARY REPORT by All Plaintiffs (Aiello, Mark) |
| Filing 34 Expert WITNESS LIST by All Plaintiffs (Aiello, Mark) |
| Filing 33 WITNESS LIST by David A. Rockwell (Loeb, Thomas) |
| Filing 32 WITNESS LIST by All Plaintiffs (Aiello, Mark) |
| Filing 31 Notice of Determination of Motion Without Oral Argument re #27 MOTION for Preliminary Injunction , #28 MOTION for Summary Judgment Response due by 1/10/2020 Reply due by 2/7/2020 (CMot) |
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Filing 30
SCHEDULING ORDER: Discovery due by 2/14/2020 Dispositive Motion Cut-off set for 2/28/2020 Signed by District Judge Marianne O. Battani. (Refer to image for additional dates) (CMot)
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| TEXT-ONLY NOTICE CANCELLING SCHEDULING CONFERENCE: Conference scheduled for December 3, 2019 is Cancelled re #15 Notice to Appear (KDoa) |
| Filing 29 EXHIBIT C-David Rockwell Signed Promissory Note re #27 MOTION for Preliminary Injunction by All Plaintiffs (Aiello, Mark) |
| Filing 28 MOTION for Summary Judgment by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Nov. 13, 2019 Affidavit of Mary Jane West, #3 Exhibit B - Jan. 12, 2015 Promissory Note, #4 Exhibit C - Oct. 29, 2019 Demand for Payment of Note, #5 Exhibit D - Loan #3647, #6 Exhibit E - Loan #8724, #7 Exhibit F - Garlyn Financial Services LLC Articles of Amendment to Articles of Organization, #8 Exhibit G - Records of Fraudulent Transactions (Redacted), #9 Exhibit H - David A. Rockwell 9384 River Otter Drive, Fort Myers, FL Home Purchase, #10 Exhibit I - Garlyn Financial Services LLC 1323 SE 33rd St, Cape Coral, FL Home Purchase, #11 Exhibit J - Soreide Law Group PLLC FINRA Arbitration Notice Regarding David A. Rockwell, #12 Exhibit K - David A. Rockwell SEC Profile, #13 Exhibit L - David A. Rockwell Florida Arrest Record, #14 Exhibit M - Transcription of David A. Rockwell May 19, 2019 Voicemail, #15 Exhibit N - David A. Rockwell Undated Jailhouse Letter 1, #16 Exhibit O - David A. Rockwell Undated Jailhouse Letter 2) (Aiello, Mark) |
| Filing 27 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A-Affidavit of MJ West, #3 Exhibit B-Rockwell-Broyles Association, #4 Exhibit C-David Rockwell Signed Promissory Note, #5 Exhibit E-West - Loan Ops Loan Docs No 680103647, #6 Exhibit F-West - Loan Ops Loan Docs No 680108724, #7 Exhibit G-David Rockwell Arrest Record, #8 Exhibit H-Transcriptions of May 21 2019 Messages Left By David Aaron Rockwell For Mary Jane West, #9 Exhibit I-Rockwell Jailhouse Letter 1, #10 Exhibit J-Rockwell Jailhouse Letter 2, #11 Exhibit K-Redacted Bank Records, #12 Exhibit L-9384 River Otter Drive, Fort Myers, FL, #13 Exhibit M-1323 SE 33rd St, Cape Coral, FL, #14 Exhibit N-FINRA Arbitration Notice, #15 Exhibit O-David Rockwell SEC Profile, #16 Exhibit D-Demand letter Rockwell 102919) (Aiello, Mark) |
| Filing 26 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Aiello, Mark) |
| Filing 25 ANSWER to Amended Complaint with Affirmative Defenses by David A. Rockwell. (Loeb, Thomas) |
| Filing 24 MOTION for Default Judgment as to Lee C. Broyles, Gralyn Financial Services LLC by Donald B. Mikka, Mary Jane West Living Trust, Mary Jane West. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Ellis, Nicholas) |
| Filing 23 ANSWER to Complaint with Affirmative Defenses by Lee C. Broyles. (Corbett, Keith) |
| Filing 22 [STRICKEN] ANSWER to Complaint with Affirmative Defenses by Lee C. Broyles. (Corbett, Keith) Modified on 11/5/2019 (LGra). |
| NOTICE of Error directed to: Keith E. Corbett re #22 Answer to Complaint. Wrong or incomplete PDF image [ATTORNEY APPEARANCE] was uploaded. Document was stricken and must be refiled correctly. [No Image Associated with this docket entry] (LGra) Modified on 11/5/2019 (LGra). |
| Filing 21 AMENDED COMPLAINT with Jury Demand filed by Donald B. Mikka, Mary Jane West Living Trust, Mary Jane West against Lee C. Broyles, Gralyn Financial Services LLC, David A. Rockwell. NO NEW PARTIES ADDED. (Ellis, Nicholas) |
| Filing 20 NOTICE of Voluntary Dismissal by All Plaintiffs as to TriState Capital Bank With Prejudice (Aiello, Mark) |
| Filing 19 CLERK'S ENTRY OF DEFAULT as to *Lee C. Broyles* (DPer) |
| Filing 18 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Lee C. Broyles by All Plaintiffs. (Aiello, Mark) |
| Filing 17 CLERK'S ENTRY OF DEFAULT as to *Gralyn Financial Services LLC* (DPer) |
| Filing 16 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Gralyn Financial Services LLC by All Plaintiffs. (Aiello, Mark) |
| Filing 15 NOTICE TO APPEAR: Scheduling Conference set for 12/3/2019 03:30 PM before District Judge Marianne O. Battani (REFER TO IMAGE FOR IMPORTANT DETAILS REGARDING DISCOVERY PLAN) (KDoa) |
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Filing 14
STIPULATION AND ORDER EXTENDING ANSWER DATE OF DEFENDANT TRISTATE CAPITAL BANK - due 11/11/19 Signed by District Judge Marianne O. Battani. (KDoa)
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| Filing 13 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by David A. Rockwell (Loeb, Thomas) |
| Filing 12 ANSWER to Complaint with Affirmative Defenses by David A. Rockwell. (Loeb, Thomas) |
| Filing 11 CERTIFICATE of Service/Summons Returned Executed. David A. Rockwell served on 9/24/2019, answer due 10/15/2019. (Aiello, Mark) |
| Filing 10 ATTORNEY APPEARANCE: Thomas M. Loeb appearing on behalf of David A. Rockwell (Loeb, Thomas) |
| Filing 9 CERTIFICATE of Service/Summons Returned Executed. Lee C. Broyles served on 10/2/2019, answer due 10/23/2019. (Aiello, Mark) |
| Filing 8 CERTIFICATE of Service/Summons Returned Executed. TriState Capital Bank served on 9/19/2019, answer due 10/10/2019. (Aiello, Mark) |
| Filing 7 CERTIFICATE of Service/Summons Returned Executed. Lee C. Broyles served on 9/24/2019, answer due 10/15/2019. (Aiello, Mark) |
| Filing 6 CERTIFICATE of Service/Summons Returned Executed. Gralyn Financial Services LLC served on 9/19/2019, answer due 10/10/2019. (Aiello, Mark) |
| Filing 5 NOTICE of Appearance by Thomas J. Howlett on behalf of TriState Capital Bank. (Howlett, Thomas) |
| Filing 4 STATEMENT of Disclosure of Corporate Affiliations and Financial Interest by Mary Jane West Living Trust (Aiello, Mark) |
| Filing 3 ATTORNEY APPEARANCE: Nicholas J. Ellis appearing on behalf of All Plaintiffs (Ellis, Nicholas) |
| Filing 2 SUMMONS Issued for * All Defendants * (LGra) |
| REQUEST for SUMMONS for All Defendants. (Aiello, Mark) |
| 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 (LGra) |
| Filing 1 COMPLAINT AND JURY DEMAND filed by All Plaintiffs against All Plaintiffs with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7396965 - Fee: $ 400. County of 1st Plaintiff: Macomb - County Where Action Arose: Macomb - County of 1st Defendant: Pennsylvania. [Previously dismissed case: Macomb County Circuit, 2019-002267-CB, Judge Richard L. Caretti] [Possible companion case(s): None] (Aiello, Mark) |
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