Franklin Capital Group, LLC v. Austin Business Finance, LLC et al
Plaintiff: Franklin Capital Group, LLC
Defendant: Austin Business Finance, LLC and MXT Solutions, LLC
Case Number: 2:2022cv10947
Filed: May 4, 2022
Court: US District Court for the Eastern District of Michigan
Presiding Judge: David R. Grand
Referring Judge: David M Lawson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1330 Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2022 Opinion or Order Filing 25 SCHEDULING ORDER: Interim Status Conference set for 10/11/2022 at 4:00 PM; Discovery due by 12/30/2022; Dispositive Motion Cut-off set for 1/17/2023; Final Pretrial Conference set for 8/15/2023 at 3:00 PM; Jury Trial set for 8/28/2023 at 8:30 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (Refer to image for additional dates) (SPin)
June 27, 2022 Filing 24 REPLY to Response re #17 MOTION to Dismiss Rule 12(b)(2) filed by MXT Solutions, LLC. (Klaus, Kathleen)
June 27, 2022 Minute Entry for telephonic proceedings before District Judge David M. Lawson: Telephonic Scheduling Conference held on 6/27/2022. (Court Reporter: None Present, Not on the Record) (SPin)
June 24, 2022 Filing 23 REPLY to Response re #16 MOTION to Dismiss Rule 12(b)(6) filed by Austin Business Finance, LLC. (Klaus, Kathleen)
June 24, 2022 Set Deadlines/Hearings: ZOOM Meeting Status Conference reset for 6/27/2022 at 2:00 PM (TIME CHANGE ONLY) before District Judge David M. Lawson. (SPin)
June 17, 2022 Filing 22 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Moore, Melissa)
June 16, 2022 Filing 21 RESPONSE to #17 MOTION to Dismiss Rule 12(b)(2) filed by Franklin Capital Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M) (Behrendt, John)
June 16, 2022 Filing 20 RESPONSE to #16 MOTION to Dismiss Rule 12(b)(6) filed by Franklin Capital Group, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P) (Behrendt, John)
June 3, 2022 Filing 19 NOTICE OF IN PERSON HEARING on #16 MOTION to Dismiss Rule - 12(b)(6), #17 MOTION to Dismiss - Rule 12(b)(2). Motion Hearing set for 10/26/2022 at 3:00 PM before District Judge David M. Lawson. (SPin)
June 2, 2022 Filing 18 NOTICE TO APPEAR BY VIDEO CONFERENCE: Zoom Meeting Status Conference and Scheduling Conference set for 6/27/2022 at 10:30 AM before District Judge David M. Lawson. (SPin)
May 26, 2022 Filing 17 MOTION to Dismiss Rule 12(b)(2) by MXT Solutions, LLC. (Attachments: #1 Exhibit A. 28 U.S.C. 1746 Unsworn Declaration of Christopher Mudt, #2 Exhibit B. Excell Automotive Group, Inc. Corporation Record) (Klaus, Kathleen)
May 26, 2022 Filing 16 MOTION to Dismiss Rule 12(b)(6) by Austin Business Finance, LLC. (Klaus, Kathleen)
May 24, 2022 Filing 15 NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 6/27/2022 at 10:30 AM before District Judge David M. Lawson. (See image for document deadline.) (SPin)
May 24, 2022 Set/Reset Scheduling Order Deadlines: TELEPHONIC Status Conference reset from 6/22/2022 to 6/27/2022 at 10:30 AM before District Judge David M. Lawson. (SPin)
May 19, 2022 Filing 14 NOTICE TO APPEAR IN PERSON: Status Conference set for 6/22/2022 at 2:00 PM before District Judge David M. Lawson. (SPin)
May 17, 2022 Filing 13 AMENDED #7 Response (Free), #4 Order Requiring Responsive Pleading by All Defendants Notice of Filing of Corrected Exhibit A (Klaus, Kathleen)
May 17, 2022 Filing 12 RESPONSE to #4 Order Requiring Responsive Pleading by Franklin Capital Group, LLC. (Behrendt, John)
May 12, 2022 Opinion or Order Filing 11 ORDER Denying #8 and #9 Motions to Dismiss. Signed by District Judge David M. Lawson. (SPin)
May 11, 2022 Filing 10 NOTICE of Appearance by Melissa Benton Moore on behalf of Franklin Capital Group, LLC. (Moore, Melissa)
May 11, 2022 Filing 9 MOTION to Dismiss Rule 12(b)(6) by Austin Business Finance, LLC. (Klaus, Kathleen)
May 11, 2022 Filing 8 MOTION to Dismiss Rule 12(b)(2) by MXT Solutions, LLC. (Attachments: #1 Exhibit A. 28 U.S.C. 1746 Unsworn Declaration of Christopher Mudt, #2 Exhibit B. Excell Automotive Group, Inc. Corporation Record) (Klaus, Kathleen)
May 11, 2022 Filing 7 RESPONSE to #4 Order Requiring Responsive Pleading Requiring Submission of Information Regarding Removal DKT #4 by All Defendants. (Klaus, Kathleen)
May 6, 2022 Filing 6 AMENDED #1 Notice of Removal, by All Defendants (Klaus, Kathleen)
May 4, 2022 Filing 5 NOTICE by All Defendants re #1 Notice of Removal, #4 Order Requiring Responsive Pleading Notice of Filing Notice of Removal With Oakland County Circuit Court (Klaus, Kathleen)
May 4, 2022 Opinion or Order Filing 4 ORDER Requiring Submission of Information Regarding #1 Notice of Removal. Response due by 5/11/2022; Reply due by 5/18/2022. Signed by District Judge David M. Lawson. (SPin)
May 4, 2022 Filing 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Defendants identifying Corporate Parent Austin Business Finance, LLC, Corporate Parent MXT Solutions, LLC for MXT Solutions, LLC; Corporate Parent MXT Solutions, LLC for Austin Business Finance, LLC. (Klaus, Kathleen)
May 4, 2022 Filing 2 CERTIFICATE OF SERVICE re #1 Notice of Removal, by All Defendants (Klaus, Kathleen)
May 4, 2022 Filing 1 NOTICE OF REMOVAL by All Defendants from 6th Judicial Circuit Court, case number 2022-193483-CB. Receipt No: AMIEDC-8897961 - Fee: $ 402 [Previously dismissed case: No] [Possible companion case(s): None] (Klaus, Kathleen)
May 4, 2022 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 (DPer)

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Plaintiff: Franklin Capital Group, LLC
Represented By: John A. Behrendt
Represented By: Melissa Benton Moore
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Defendant: Austin Business Finance, LLC
Represented By: Kathleen H. Klaus
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Defendant: MXT Solutions, LLC
Represented By: Kathleen H. Klaus
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