Jillson v. Elrod et al
| Kenneth Jillson |
| Jeremy Elrod, Sword International Inc., Sword Manufacturing and Assured Outcomes Group, Inc. |
| 2:2021cv11878 |
| August 13, 2021 |
| US District Court for the Eastern District of Michigan |
| Gershwin A Drain |
| Elizabeth A Stafford |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.
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Filing 44
Second MOTION to Adjourn #33 Scheduling Order (Joint Motion) by Kenneth Jillson. (Holtz, Ethan)
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Filing 43
RESPONSE to #39 MOTION to Compel (Response in Opposition) filed by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit A - D) (Frank, Jonathan)
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Filing 42
NOTICE OF IN PERSON HEARING on #39 MOTION to Compel . Motion Hearing set for 12/13/2022 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (MarW)
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Filing 41
Notice of Determination of Motion Without Oral Argument re #19 MOTION to Dismiss Counts Three, Four, Five, Six and Seven Under Rule 12(C), Brief in Support, #21 MOTION to Dismiss COUNTS THREE, FOUR, FIVE, SIX AND SEVEN UNDER RULE 12(B)(6), BRIEF IN SUPPORT (TMcg)
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TEXT-ONLY NOTICE: Motion Hearing on 11/1/2022 is Cancelled re Set Motion and R&R Deadlines/Hearings, (TMcg)
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Filing 40
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford: #39 MOTION to Compel filed by Kenneth Jillson. Signed by District Judge Gershwin A. Drain. (TMcg)
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Filing 39
MOTION to Compel by Kenneth Jillson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Mayer, Emily)
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Filing 38
ORDER Denying Motion for Protective Order and to Quash (ECF No. #28 ). Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)
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Filing 37
NOTICE by Kenneth Jillson re #28 MOTION for Protective Order and to Quash, #34 Response to Motion,,,, Parties' Joint Report of Meet and Confer (Holtz, Ethan)
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Minute Entry for in-person proceedings before Magistrate Judge Elizabeth A. Stafford: Motion Hearing held on 10/11/2022 re #28 MOTION for Protective Order and to Quash filed by Sword Manufacturing, Sword International Inc., Jeremy Elrod, Assured Outcomes Group, Inc. Disposition: Motion denied. (Court Reporter: Digitally Recorded) (MarW)
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Filing 36
NOTICE OF IN PERSON HEARING on #28 MOTION for Protective Order and to Quash. Motion Hearing set for 10/11/2022 at 03:00 PM before Magistrate Judge Elizabeth A. Stafford. (MarW)
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Filing 35
REPLY to Response re #28 MOTION for Protective Order and to Quash filed by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Frank, Jonathan)
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Filing 34
RESPONSE to #28 MOTION for Protective Order and to Quash PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION FOR PROTECTIVE ORDER CONCERNING DEFENDANTS FINANCIAL INFORMATION AND TO QUASH SUBPOENA TO WELLS FARGO BANK filed by Kenneth Jillson. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Underwood v. Riverview of Ann Arbor, No. 08-CV-11024-DT, 2008 WL 5235992 (E.D. Mich. Dec. 15, 2008), #3 Exhibit 2 - Rivet v. State Farm Mut. Auto. Ins. Co., No. 04-CV-72333-DT, 2006 WL 8442312 (E.D. Mich. Jan. 9, 2006), #4 Exhibit 3 - United States v. Blue Cross Blue Shield of Michigan, No. 10-CV-14155, 2012 WL 4513600 (E.D. Mich. Oct. 1, 2012), #5 Exhibit 4 - Mann v. Univ. of Cincinnati, 114 F.3d 1188 (6th Cir. 1997), #6 Exhibit 5 - Hayes v. Liberty Mut. Group Inc., No. 1115520, 2012 U.S. Dist. LEXIS 61419; WL 1564697 (E.D.Mich. May 2, 2012), #7 Exhibit 6 - City of Lancaster v. Flagstar Bank, FSB, Case No. 2:10-cv-01041, 2011 WL 1326280 (S.D. Ohio Apr. 5, 2011), #8 Exhibit 7 - Greenbush Brewing Co. v. Michigan Liquor Control Comm., No. 1:19-CV-536, 2019 WL 7582856 (WD Mich, November 20, 2019)) (Holtz, Ethan)
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Filing 33
AMENDED SCHEDULING ORDER: Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TMcg)
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Filing 32
Defendants' WITNESS LIST by All Defendants (Frank, Jonathan)
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TEXT-ONLY ORDER Granting In Part #30 Joint MOTION to Adjourn #15 Scheduling Order, filed by Sword Manufacturing, Sword International Inc., Jeremy Elrod, Assured Outcomes Group, Inc.., ( Discovery due by 1/7/2023, Dispositive Motion Cut-off set for 2/7/2023, Final Pretrial Conference set for 6/15/2023 02:00 PM before District Judge Gershwin A. Drain, Jury Trial set for 6/28/2023 09:00 AM before District Judge Gershwin A. Drain), Motions terminated: #30 Joint MOTION to Adjourn #15 Scheduling Order, filed by Sword Manufacturing, Sword International Inc., Jeremy Elrod, Assured Outcomes Group, Inc.. Signed by District Judge Gershwin A. Drain. (TMcg)
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Filing 31
WITNESS LIST by Kenneth Jillson (Holtz, Ethan)
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Set/Reset Deadlines as to #21 MOTION to Dismiss COUNTS THREE, FOUR, FIVE, SIX AND SEVEN UNDER RULE 12(B)(6), BRIEF IN SUPPORT, #30 Joint MOTION to Adjourn #15 Scheduling Order, , #19 MOTION to Dismiss Counts Three, Four, Five, Six and Seven Under Rule 12(C), Brief in Support. Motion Hearing set for 11/1/2022 at 3:30 PM before District Judge Gershwin A. Drain (TMcg)
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Filing 30
Joint MOTION to Adjourn #15 Scheduling Order, by All Defendants. (Frank, Jonathan)
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Filing 29
ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford: #28 MOTION for Protective Order and to Quash filed by Sword Manufacturing, Sword International Inc., Jeremy Elrod, Assured Outcomes Group, Inc.. Signed by District Judge Gershwin A. Drain. (TMcg)
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Filing 28
MOTION for Protective Order and to Quash by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Frank, Jonathan)
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Filing 27
REPLY to Response re #21 MOTION to Dismiss COUNTS THREE, FOUR, FIVE, SIX AND SEVEN UNDER RULE 12(B)(6), BRIEF IN SUPPORT filed by All Defendants. (Frank, Jonathan)
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Filing 26
NOTICE OF IN PERSON HEARING on #21 MOTION to Dismiss COUNTS THREE, FOUR, FIVE, SIX AND SEVEN UNDER RULE 12(B)(6), BRIEF IN SUPPORT, #19 MOTION to Dismiss Counts Three, Four, Five, Six and Seven Under Rule 12(C), Brief in Support. Motion Hearing set for 10/27/2022 at 2:00 PM before District Judge Gershwin A. Drain (TMcg)
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Filing 25
RESPONSE to #21 MOTION to Dismiss COUNTS THREE, FOUR, FIVE, SIX AND SEVEN UNDER RULE 12(B)(6), BRIEF IN SUPPORT filed by Kenneth Jillson. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit) (Mayer, Emily)
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Filing 24
STIPULATION AND ORDER Granting Extension of Time for Plantiff to Respond to Defendants' #21 MOTION to Dismiss COUNTS THREE, FOUR, FIVE, SIX AND SEVEN UNDER RULE 12(B)(6), BRIEF IN SUPPORT Signed by District Judge Gershwin A. Drain. (TMcg)
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Filing 23
STIPULATED Confidentiality and Protective ORDER Signed by District Judge Gershwin A. Drain. (TMcg)
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Filing 22
ANSWER to Amended Complaint with Affirmative Defenses by All Defendants. (Frank, Jonathan)
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Filing 21
MOTION to Dismiss COUNTS THREE, FOUR, FIVE, SIX AND SEVEN UNDER RULE 12(B)(6), BRIEF IN SUPPORT by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit A) (Frank, Jonathan)
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Filing 20
AMENDED COMPLAINT with Jury Demand filed by Kenneth Jillson against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 9/13/17 Promissory Note of First Loan, #3 Exhibit B - 1/2/18 Email from Elrod to Jillson, #4 Exhibit C - 4/28/18 Email from Elrod to Jillson reflecting conversation about equity, #5 Exhibit D - 10/24/18 Email from Jillson to Elrod attaching Promissory Note, #6 Exhibit E - Promissory Note reflecting terms of Third Loan Agreement, #7 Exhibit F - 6/19/19 Email from Elrod to Jillson regarding SWORD's position to repay loans, #8 Exhibit G - 6/17/19 Email reflecting terms of Fourth Loan, #9 Exhibit H - 6/28/19 Email reflecting Elrod's signing of Fourth Loan agreement, #10 Exhibit I - Promissory Note of Fourth Loan, #11 Exhibit J - 8/25/19 Email from Jillson to Elrod following up on repaying, #12 Exhibit K - 5/6/20 Emails between Jillson and Elrod following up on repaying, #13 Exhibit L - Wire Receipt of $50,000 payment, #14 Exhibit M - 8/26/20 Text messages between Jillson and Elrod following up on repaying, #15 Exhibit N - 12/17/20 Email from Elrod to Jillson requesting documentation, #16 Exhibit O - 2/13/21 Email from Jillson to Elrod following up on repaying, #17 Exhibit P - 2/18/21 Email from Elrod to Jillson regarding repaying of loans, #18 Exhibit Q - 2/21/21 Email from Jillson to Elrod proposing repaying plan, #19 Exhibit R - 2/26/21 Email from Elrod to Jillson rejecting repayment plan, #20 Exhibit S - 3/26/21 Email from Jillson to Elrod requesting plan to resolve debt by 4/1/21, #21 Exhibit T - 4/2/21 Email from Jillson to Elrod following up on repayment, #22 Exhibit U - 4/5/21 Text massages between Jillson and Elrod regarding SWORD's line of credit, #23 Exhibit V - 4/26/21 Text messages between Jillson and Elrod confirming that contract was paying, #24 Exhibit W - 5/5/21 Text messages between Jillson and Elrod discussing repaying, #25 Exhibit X - 5/10/21-5/11/21 Text messages between Jillson and Elrod discussing repayment, #26 Exhibit Y - 5/24/21 Text message between Jillson and Elrod confirming repayment, #27 Exhibit Z - 5/28/21 Text message between Jillson and Elrod following up on repayment) (Holtz, Ethan)
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Filing 19
MOTION to Dismiss Counts Three, Four, Five, Six and Seven Under Rule 12(C), Brief in Support by All Defendants. (Frank, Jonathan)
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Filing 18
ORDER Striking Defendants' re #16 MOTION to Dismiss Counts Three, Four, Five, Six and Seven Under Rule 12(B)(6), and Ordering Defendants to Answer. Signed by District Judge Gershwin A. Drain. (TMcg)
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Filing 17
ANSWER to Complaint with Affirmative Defenses by All Defendants. (Frank, Jonathan)
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Filing 16
MOTION to Dismiss Counts Three, Four, Five, Six and Seven Under Rule 12(B)(6), Brief in Support by All Defendants. (Frank, Jonathan)
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Filing 15
SCHEDULING ORDER: Discovery due by 10/7/2022 Dispositive Motion Cut-off set for 11/7/2022 Final Pretrial Conference set for 3/8/2023 at 4:00 PM before District Judge Gershwin A. Drain Jury Trial set for 4/4/2023 at 9:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TMcg)
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Filing 14
OPINION and ORDER Denying Defendants' #8 MOTION to Dismiss Under Rule 12(b)(1) Signed by District Judge Gershwin A. Drain. (TMcg)
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Minute Entry for in-person proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 5/3/2022 re #8 MOTION to Dismiss Under Rule 12(b)(1) filed by Sword Manufacturing, Sword International Inc., Jeremy Elrod, Assured Outcomes Group, Inc. Disposition: Motion denied (Court Reporter: Merilyn Jones) (TMcg)
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Filing 13
NOTICE OF IN PERSON HEARING on #8 MOTION to Dismiss Under Rule 12(b)(1). Motion Hearing reset for 5/3/2022 at 3:00 PM before District Judge Gershwin A. Drain (TMcg)
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Filing 12
NOTICE OF IN PERSON HEARING on #8 MOTION to Dismiss Under Rule 12(b)(1). Motion Hearing reset for 4/13/2022 at 2:00 PM before District Judge Gershwin A. Drain (TMcg)
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Filing 11
NOTICE OF IN PERSON HEARING on #8 MOTION to Dismiss Under Rule 12(b)(1). Motion Hearing set for 3/9/2022 at 2:00 PM before District Judge Gershwin A. Drain (TMcg)
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Filing 10
REPLY to Response re #8 MOTION to Dismiss Under Rule 12(b)(1) filed by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Frank, Jonathan)
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Filing 9
RESPONSE to #8 MOTION to Dismiss Under Rule 12(b)(1) filed by All Plaintiffs. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit A.Declaration of Kenneth Jillson, #3 Exhibit B.9/13/2017 Promissory Note of First Loan, #4 Exhibit C.1/2/18 E-mail from Elrod to Jillson, #5 Exhibit D.4/28/18 E-Mail from Elrod to Jillson reflecting conversation about equity, #6 Exhibit E.10/21/20 E-mail from Elrod to Jillson regarding Michigan Travel, #7 Exhibit F.10/24/18 E-mail from Jillson to Elrod attaching Promissory Note, #8 Exhibit G.Promissory Note reflecting terms of Third Loan Agreement, #9 Exhibit H.January 2019 February 2019 Emails from Jillson to Elrod regarding repayment, #10 Exhibit I.6/19/19 E-mail from Elrod to Jillson regarding SWORDs position to repay loans, #11 Exhibit J.6/17/19 E-Mail reflecting terms of Fourth Loan, #12 Exhibit K.Promissory Note of Fourth Loan, #13 Exhibit L.6/28/19 E-mail reflecting Elrods signing of Fourth Loan agreement, #14 Exhibit M.9/4/19 E-mail from Jillson to Elrod regarding repayment, #15 Exhibit N.5/6/20 E-mails between Jillson and Elrod following up on repayment, #16 Exhibit O.Wire Receipt of $50,000 payment, #17 Exhibit P.Jillsons receipts of business expenses, #18 Exhibit Q.Communications between SII and Michigan Company, Linear AMS, #19 Exhibit R.Invoices sent from Inside Track, LLC to SII, #20 Exhibit S.8/26/20 text messages between Jillson and Elrod following up on repayment, #21 Exhibit T.12/17/20 E-mail from Elrod to Jillson requesting documentation, #22 Exhibit U.2/13/21-4/2/21 E-mails from Jillson to Elrod following up on repayment, #23 Exhibit V.4/5/21 text messages between Jillson and Elrod regarding SWORDs line of credit, #24 Exhibit W.4/26/21 text messages between Jillson and Elrod confirming that contract was paying, #25 Exhibit X.5/5/21-5/11/21 text messages between Jillson and Elrod discussing repayment, #26 Exhibit Y.5/21/21 E-mail between Elrod and Jillson regarding repayment, #27 Exhibit Z.Samples of business correspondence, #28 Exhibit AA.Rohn v. Com. Recovery Sys., Inc., No. 13-CV-10780, 2013 WL 6195578, (E.D. Mich. Nov. 26, 2013), #29 Exhibit AB.Wagner v. Ifediora, Docket No. 20-12293 (E.D. Mich. 2021)) (Mayer, Emily)
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Filing 8
MOTION to Dismiss Under Rule 12(b)(1) by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit A - C) (Frank, Jonathan)
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Filing 7
CERTIFICATE of Service/Summons Returned Executed. Assured Outcomes Group, Inc. served on 8/19/2021, answer due 9/9/2021. (Mayer, Emily)
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Filing 6
CERTIFICATE of Service/Summons Returned Executed. Sword Manufacturing served on 8/18/2021, answer due 9/8/2021. (Mayer, Emily)
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Filing 5
CERTIFICATE of Service/Summons Returned Executed. Sword International Inc. served on 8/18/2021, answer due 9/8/2021. (Mayer, Emily)
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Filing 4
CERTIFICATE of Service/Summons Returned Executed. Jeremy Elrod served on 8/18/2021, answer due 9/8/2021. (Mayer, Emily)
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Filing 3
STIPULATED ORDER Extending Response Date re: #1 Complaint, ( Response due by 10/15/2021) Signed by District Judge Gershwin A. Drain. (TMcg)
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Filing 2
SUMMONS Issued for *Assured Outcomes Group, Inc., Jeremy Elrod, Sword International Inc., Sword Manufacturing* (SSch)
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Filing 1
COMPLAINT AND JURY DEMAND filed by Kenneth Jillson against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8576736 - Fee: $ 402. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Washoe. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A.9/13/2017 Promissory Note of First Loan, #3 Exhibit B.1/2/18 E-mail from Elrod to Jillson, #4 Exhibit C.4/28/18 E-Mail from Elrod to Jillson reflecting conversation about equity, #5 Exhibit D.10/24/18 E-mail from Jillson to Elrod attaching Promissory Note, #6 Exhibit E.Promissory Note reflecting terms of Third Loan Agreement, #7 Exhibit F.6/19/19 E-mail from Elrod to Jillson regarding SWORDs position to repay loans, #8 Exhibit G.6/17/19 E-Mail reflecting terms of Fourth Loan, #9 Exhibit H.6/28/19 E-mail reflecting Elrods signing of Fourth Loan agreement, #10 Exhibit I.Promissory Note of Fourth Loan, #11 Exhibit J.8/25/19 E-mail from Jillson to Elrod following up on repayment, #12 Exhibit K.5/6/20 E-mails between Jillson and Elrod following up on repayment, #13 Exhibit L.Wire Receipt of $50,000 payment, #14 Exhibit M.8/26/20 text messages between Jillson and Elrod following up on repayment, #15 Exhibit N.12/17/20 E-mail from Elrod to Jillson requesting documentation, #16 Exhibit O.2/13/21 E-mail from Jillson to Elrod following up on repayment, #17 Exhibit P.2/18/21 E-mail from Elrod to Jillson regarding repayment of loans, #18 Exhibit Q.2/21/21 E-mail from Jillson to Elrod proposing repayment plan, #19 Exhibit R.2/26/21 E-mail from Elrod to Jillson rejecting repayment plan, #20 Exhibit S.3/26/21 E-mail from Jillson to Elrod requesting plan to resolve debt by 4/1/21, #21 Exhibit T.4/2/21 E-mail from Jillson to Elrod following up on repayment, #22 Exhibit U.4/5/21 text messages between Jillson and Elrod regarding SWORDs line of credit, #23 Exhibit V.4/26/21 text messages between Jillson and Elrod confirming that contract was paying, #24 Exhibit W.5/5/21 text messages between Jillson and Elrod discussing repayment, #25 Exhibit X.5/10/21-5/11/21 text messages between Jillson and Elrod discussing repayment, #26 Exhibit Y.5/24/21 text messages between Jillson and Elrod confirming repayment, #27 Exhibit Z.5/28/21 text message between Jillson and Elrod following up on repayment) (Holtz, Ethan)
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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 (SSch)
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