Crestmark, a division of Metabank National Association v. Oshatz et al
| Crestmark, a division of Metabank National Association |
| Daniel T Oshatz and Silver Birch Systems LLC |
| Spartan Capital Group |
| Spin Capital |
| 2:2022cv10092 |
| January 14, 2022 |
| US District Court for the Eastern District of Michigan |
| Bernard A Friedman |
| Jonathan JC Grey |
| Anthony P Patti |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.
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Minute Entry for virtual proceedings before District Judge Bernard A. Friedman: Motion Hearing held on 3/9/2022 re #5 Emergency MOTION to Appoint Receiver filed by Crestmark, a division of Metabank National Association Disposition: Motion granted; proposed order(s) due no later than 3/11/2022. (Court Reporter: Linda Cavanagh) (JCur)
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Filing 38
NOTICE of Appearance by Shanna M. Kaminski on behalf of Spin Capital. (Kaminski, Shanna)
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Filing 37
NOTICE of Appearance by Jailah D. Emerson on behalf of Spartan Capital Group. (Emerson, Jailah)
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Filing 36
NOTICE of Appearance by Brendan G. Best on behalf of Spartan Capital Group. (Best, Brendan)
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Filing 35
NOTICE of Appearance by Christine Cesare on behalf of Crestmark, a division of Metabank National Association. (Cesare, Christine)
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Filing 34
AMENDED ANSWER to Complaint with Affirmative Defenses , COUNTERCLAIM filed by All Defendants against Crestmark, a division of Metabank National Association by All Defendants. (Serra, Paige)
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Filing 33
ORDER of substitution of counsel Signed by District Judge Bernard A. Friedman. (TTho)
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Attorney Oscar A. Rodriguez and Bruce T. Wallace terminated. (TTho)
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Filing 32
SUPPLEMENTAL BRIEF re #19 Supplemental Brief, #29 Reply to Response to Motion, #5 Emergency MOTION to Appoint Receiver , #16 Response to Motion,, filed by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, Communications with customers re paying Crestmark direct and proof of sending to Crestmark counsel) (MacWilliams, Sara)
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Filing 31
NOTICE OF VIDEO CONFERENCE HEARING on #5 Emergency MOTION to Appoint Receiver. Motion Hearing set for 3/9/2022 02:00 PM before District Judge Bernard A. Friedman |Zoom Webinar Information: https://www.zoomgov.com/j/1612171288?pwd=aFE5alEwNDZyM0JyL1pGNlpzMFZBZz09 Passcode: 519661 Or One tap mobile : US: +16692545252,,1612171288# or +16692161590,,1612171288#| (JCur)
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Filing 30
ORDER RESCHEDULING HEARING ON PLAINTIFF'S #5 EMERGENCY MOTIONFOR THE APPOINTMENT OF A RECEIVER: (Reply due by 2/16/2022, Supplemental Briefing due by 2/23/2022, Motion Hearing set for 3/9/2022 02:00 PM before District Judge Bernard A. Friedman). Signed by District Judge Bernard A. Friedman. (JCur)
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Filing 29
REPLY to Response re #5 Emergency MOTION to Appoint Receiver filed by Crestmark, a division of Metabank National Association. (Attachments: #1 Index of Exhibits Index of Exhibits) (Caisman, Lauren)
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Filing 28
ORDER STRIKING 27 STIPULATED ORDER filed by Crestmark, a division of Metabank National Association. Signed by District Judge Bernard A. Friedman. (JCur)
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Filing 26
ANSWER to Complaint and Affirmative Defenses by All Defendants. (MacWilliams, Sara)
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Filing 25
NOTICE of Appearance by Sara Klettke MacWilliams on behalf of All Defendants. (MacWilliams, Sara)
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Filing 24
RE-NOTICE OF VIDEO CONFERENCE HEARING on #5 Emergency MOTION to Appoint Receiver. Motion Hearing reset for 2/23/2022 02:30 PM before District Judge Bernard A. Friedman |Zoom Webinar Information: https://www.zoomgov.com/j/1612171288?pwd=aFE5alEwNDZyM0JyL1pGNlpzMFZBZz09 Passcode: 519661 Or One tap mobile : US: +16692545252,,1612171288# or +16692161590,,1612171288#| (JCur)
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Filing 23
ORDER RESCHEDULING HEARING ON PLAINTIFF'S #5 EMERGENCY MOTION FOR THE APPOINTMENT OF A RECEIVER: (Video-Conference Motion Hearing reset for 2/23/2022 02:30 PM before District Judge Bernard A. Friedman). Signed by District Judge Bernard A. Friedman. (Refer to image for additional details). (JCur)
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Filing 22
STIPULATION by Crestmark, a division of Metabank National Association (DeJonker, Jason)
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Filing 21
RE-NOTICE OF VIDEO CONFERENCE HEARING on #5 Emergency MOTION to Appoint Receiver. Motion Hearing reset for 2/2/2022 02:00 PM before District Judge Bernard A. Friedman. |Zoom Webinar Information: https://www.zoomgov.com/j/1612171288?pwd=aFE5alEwNDZyM0JyL1pGNlpzMFZBZz09 Passcode: 519661 Or One tap mobile : US: +16692545252,,1612171288# or +16468287666,,1612171288#| (JCur)
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Filing 20
CERTIFICATE of Service/Summons Returned Executed. Silver Birch Systems LLC served on 1/18/2022, answer due 2/8/2022. (Hamilton, Demetria)
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Filing 19
SUPPLEMENTAL BRIEF re #5 Emergency MOTION to Appoint Receiver / SUPPLEMENT TO MOTION TO APPOINT RECEIVER filed by Crestmark, a division of Metabank National Association. (Hamilton, Demetria)
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Filing 18
NOTICE of Appearance by Jason J DeJonker on behalf of Crestmark, a division of Metabank National Association. (DeJonker, Jason)
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Filing 17
ORDER of DISQUALIFICATION and REASSIGNING CASE from Magistrate Judge Anthony P. Patti to Magistrate Judge Jonathan J.C. Grey. (SSch)
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Filing 16
RESPONSE to #5 Emergency MOTION to Appoint Receiver filed by Daniel T Oshatz, Silver Birch Systems LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit) (Rodriguez, Oscar)
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Filing 15
CERTIFICATE of Service/Summons Returned Executed. Daniel T Oshatz served on 1/20/2022, answer due 2/10/2022. (Hamilton, Demetria)
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Filing 14
ATTORNEY APPEARANCE: Demetria L. Hamilton appearing on behalf of Crestmark, a division of Metabank National Association (Hamilton, Demetria)
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Filing 13
NOTICE of Appearance by Bruce T. Wallace on behalf of Daniel T Oshatz, Silver Birch Systems LLC. (Wallace, Bruce)
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Filing 12
NOTICE of Appearance by Oscar A. Rodriguez on behalf of Daniel T Oshatz, Silver Birch Systems LLC. (Rodriguez, Oscar)
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Filing 11
NOTICE of Appearance by Kevin T. Kavanaugh on behalf of Crestmark, a division of Metabank National Association. (Kavanaugh, Kevin)
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Filing 10
CERTIFICATE OF SERVICE by Crestmark, a division of Metabank National Association OF NOTICE OF MOTION (Caisman, Lauren)
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Filing 9
NOTICE OF VIDEO CONFERENCE HEARING on #5 Emergency MOTION to Appoint Receiver. Motion Hearing set for 1/26/2022 01:00 PM before District Judge Bernard A. Friedman |Zoom Webinar Information: https://www.zoomgov.com/j/1612171288?pwd=aFE5alEwNDZyM0JyL1pGNlpzMFZBZz09 Passcode: 519661 Or One tap mobile : US: +16692545252,,1612171288# or +16468287666,,1612171288#| (JCur)
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Filing 8
ORDER SCHEDULING HEARING ON PLAINTIFF'S #5 EMERGENCY MOTION FOR THE APPOINTMENT OF A RECEIVER. (ZOOM Motion Hearing set for 1/26/2022 1:00 PM). Signed by District Judge Bernard A. Friedman. (Refer to image for details) (JCur)
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Filing 7
SUMMONS Issued for *Silver Birch Systems LLC* (LHos)
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Filing 6
SUMMONS Issued for *Daniel T Oshatz* (LHos)
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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 (LHos)
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Filing 5
Emergency MOTION to Appoint Receiver by Crestmark, a division of Metabank National Association. (Attachments: #1 Exhibit [Proposed] Order Appoint Receiver, #2 Document Continuation Memorandum in Support of Emergency Motion to Appoint Receiver, #3 Exhibit Declaration of Scott Keusch, #4 Exhibit Declaration of Scott Eisenberg) (Caisman, Lauren)
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Filing 4
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Crestmark, a division of Metabank National Association identifying Corporate Parent Crestmark, a division of Metabank National Association for Crestmark, a division of Metabank National Association. (Caisman, Lauren)
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Filing 3
[BLANK FORM - SEE DE #4 FOR CORRECTION] STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Crestmark, a division of Metabank National Association identifying Corporate Parent Crestmark, a division of Metabank National Association for Crestmark, a division of Metabank National Association. (Caisman, Lauren) Modified on 1/18/2022 (LHos).
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Filing 2
NOTICE of Appearance by Lauren J. Caisman on behalf of Crestmark, a division of Metabank National Association. (Caisman, Lauren)
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Filing 1
COMPLAINT filed by Crestmark, a division of Metabank National Association against Crestmark, a division of Metabank National Association. Plaintiff requests summons issued. Receipt No: AMIEDC-8756748 - Fee: $ 402. County of 1st Plaintiff: Out of State - County Where Action Arose: Oakland - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit) (Caisman, Lauren)
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