American Mortgage & Equity Consultants, Inc. v. Everett Financial, Inc.
| American Mortgage & Equity Consultants, Inc. |
| Everett Financial, Inc. |
| 0:2020cv00426 |
| January 31, 2020 |
| US District Court for the District of Minnesota |
| Katherine M Menendez |
| Eric C Tostrud |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 57 (Text-Only) NOTICE of Cancellation of Hearing: Pursuant to #55 Defendant's Notice of Withdrawal of its #23 MOTION to Dismiss or Stay Proceedings, the Hearing set for 3/23/2020 at 10:00 AM before Judge Eric C. Tostrud is CANCELED. (RMM) |
Filing 56
ORDER/NOTICE: Pretrial Conference set for 4/8/2020 at 10:30 AM in Courtroom 8E (MPLS) before Magistrate Judge Katherine M. Menendez. Signed by Magistrate Judge Katherine M. Menendez on 3/10/2020. (Attachments: #1 Consent Form)(BJP)
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| Filing 55 NOTICE by Everett Financial, Inc. re #23 MOTION to Dismiss/General or Stay Proceedings in Deference to First-Filed Action (withdrawal of motion) (Ralph, F) |
| Filing 54 NOTICE THAT NO REDACTION IS REQUIRED by Everett Financial, Inc. re #48 Transcript,,,,, . Attn: Court Reporter Tim Willette. (Ralph, F) |
| Filing 53 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #52 , #51 , #50 Sealed Document(s) - #52 Sealed Exhibit 4, #51 Exhibit List, #50 Memorandum filed by American Mortgage & Equity Consultants, Inc..(Kleinman, Sarah) |
| Filing 52 SEALED EXHIBIT Sealed Exhibit 4 re #51 Exhibit, #50 Memorandum in Opposition to Motion,, filed by American Mortgage & Equity Consultants, Inc..(Kleinman, Sarah) |
| Filing 51 EXHIBIT List Corrected re #50 Memorandum in Opposition to Motion,, filed by American Mortgage & Equity Consultants, Inc.. (Attachments: #1 Exhibit(s) 1 - January 16-17 text messages between Ellestad and Everett, #2 Exhibit(s) 2 - Ellestad Declaration in support of TRO, #3 Exhibit(s) 3 - Notice of Removal from Texas action, #4 Exhibit(s) 4 - Placeholder for Exhibit 4 to be filed under seal, #5 Exhibit(s) 5 - Kolesar Declaration in support of TRO)(Kleinman, Sarah) |
| Filing 50 MEMORANDUM in Opposition re #23 MOTION to Dismiss/General or Stay Proceedings in Deference to First-Filed Action filed by American Mortgage & Equity Consultants, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) 1 - January 16-17 text messages, #3 Exhibit(s) 2 - Ellestad Declaration, #4 Exhibit(s) 3 - Texas Matter Notice of Removal, #5 Exhibit(s) 4 - Placeholder for Exhibit 4 to be filed under seal, #6 Exhibit(s) 5 - Joe Kolesar Declaration)(Kleinman, Sarah) |
| Filing 49 JUDGMENT (Attachments: #1 Civil Notice - appeal)(CLK) |
| Filing 48 TRANSCRIPT of Hearing on Plaintiff's Motion for Temporary Restraining Order held on 2/21/2020 before Judge Eric C. Tostrud. (44 pages). Court Reporter: Tim Willette. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Transcript temporarily sealed to determine if redactions are required. Parties have 7 days to file a Notice of Intent to Request Redaction or Notice that No Redaction is Required. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and the #Transcripts under NextGen ECF Reference Guides. Notice Intent/No Intent to Request Redactions due 3/6/2020. Redaction Request due 3/20/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/28/2020. (TJW) |
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Filing 47
OPINION AND ORDER: Plaintiff's Motion for a Temporary Restraining Order #13 is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Eric C. Tostrud on 2/28/2020. (RMM)
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| Filing 46 TRANSCRIPT REQUEST for an Expedited 7-Day Transcript of #44 Motion Hearing to Court Reporter Tim Willette. (Al Taqatqa, Briana) |
| Filing 45 DECLARATION of Susan Mershon in Opposition to #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Everett Financial, Inc..(Ralph, F) |
| Filing 44 Minute Entry for proceedings held before Judge Eric C. Tostrud: Motion Hearing held on 2/21/2020 re #13 MOTION for Temporary Restraining Order filed by American Mortgage & Equity Consultants, Inc. (Court Reporter Tim Willette) (RMM) |
| Filing 43 Amended LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by American Mortgage & Equity Consultants, Inc. re #40 Reply, filed by American Mortgage & Equity Consultants, Inc. (Kleinman, Sarah) Modified link/text on 2/21/2020 (lmb). |
| Filing 42 First Declaration of Ari Karen in Support of #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by American Mortgage & Equity Consultants, Inc.. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4, #5 Exhibit(s) Exhibit 5)(Kleinman, Sarah) |
| Filing 41 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by American Mortgage & Equity Consultants, Inc. re #40 Reply, filed by American Mortgage & Equity Consultants, Inc..(Kleinman, Sarah) |
| Filing 40 REPLY re #13 MOTION for Temporary Restraining Order - Expedited Handling Requested, #18 Declaration in Support, #14 Memorandum in Support of Motion, #17 Declaration in Support, #16 Declaration in Support, #19 Proposed Order to Judge, #15 Exhibit filed by American Mortgage & Equity Consultants, Inc..(Kleinman, Sarah) |
| Filing 39 SEALED EXHIBIT Sealed Attachments to Joyce Exhibit 3 re #38 Declaration in Opposition,, filed by Everett Financial. (Attachments: #1 Restricted Exhibits 3(a), #2 Restricted Exhibits 3(b), #3 Restricted Exhibits 3(c), #4 Restricted Exhibits 3(d), #5 Restricted Exhibits 3(e), #6 Restricted Exhibits 3(f))(Ralph, F) |
| Filing 38 DECLARATION of Jeff Joyce in Opposition to #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Everett Financial, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Restricted Exhibits 3(a), #5 Restricted Exhibits 3(b), #6 Restricted Exhibits 3(c), #7 Restricted Exhibits 3(d), #8 Restricted Exhibits 3(e), #9 Restricted Exhibits 3(f), #10 Exhibit(s) 4, #11 Exhibit(s) 5, #12 Exhibit(s) 6, #13 Exhibit(s) 7, #14 Exhibit(s) 8, #15 Exhibit(s) 9, #16 Exhibit(s) 10, #17 Exhibit(s) 11, #18 Exhibit(s) 12, #19 Exhibit(s) 13, #20 Exhibit(s) 14)(Ralph, F) |
| Filing 37 DECLARATION of Dana Price in Opposition to #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Everett Financial, Inc..(Ralph, F) |
| Filing 36 DECLARATION of Susan Pomilia in Opposition to #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Everett Financial, Inc..(Ralph, F) |
| Filing 35 DECLARATION of Rick Hogle in Opposition to #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Everett Financial, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Ralph, F) |
| Filing 34 DECLARATION of Scott Everett in Opposition to #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Everett Financial, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6)(Ralph, F) |
| Filing 33 MEMORANDUM in Opposition re #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Everett Financial, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ralph, F) |
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Filing 32
TEXT ONLY ENTRY: ORDER granting #20 Motion for Admission Pro Hac Vice of Attorney Ari Karen for American Mortgage & Equity Consultants, Inc.; granting #21 Motion for Admission Pro Hac Vice of Attorney Sarah A. Kleinman for American Mortgage & Equity Consultants, Inc. Ordered by Magistrate Judge Katherine M. Menendez on 2/11/2020. (NAH)
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| Filing 31 PROPOSED ORDER TO JUDGE re #23 MOTION to Dismiss/General or Stay Proceedings in Deference to First-Filed Action filed by Everett Financial, Inc..(Ralph, F) |
| Filing 30 SEALED EXHIBIT Exhibit 3 to Ralph Declaration re #28 Declaration in Support, filed by Everett Financial, Inc..(Ralph, F) |
| Filing 29 SEALED EXHIBIT Sealed Exibit 1 to Ralph Declaration re #28 Declaration in Support, filed by Everett Financial, Inc.(Ralph, F) |
| Filing 28 Declaration of F. Matthew Ralph in Support of #23 MOTION to Dismiss/General or Stay Proceedings in Deference to First-Filed Action filed by Everett Financial, Inc.. (Attachments: #1 Restricted Exhibits 1, #2 Exhibit(s) 2, #3 Restricted Exhibits 3)(Ralph, F) |
| Filing 27 Declaration of Jeff Joyce in Support of #23 MOTION to Dismiss/General or Stay Proceedings in Deference to First-Filed Action filed by Everett Financial, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Ralph, F) |
| Filing 26 MEET and CONFER STATEMENT re #23 Motion to Dismiss/General filed by Everett Financial, Inc..(Ralph, F) |
| Filing 25 MEMORANDUM in Support re #23 MOTION to Dismiss/General or Stay Proceedings in Deference to First-Filed Action filed by Everett Financial, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ralph, F) |
| Filing 24 NOTICE OF HEARING ON MOTION #23 MOTION to Dismiss/General or Stay Proceedings in Deference to First-Filed Action : Motion Hearing set for 3/23/2020 at 10:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. (Ralph, F) |
| Filing 23 MOTION to Dismiss/General or Stay Proceedings in Deference to First-Filed Action filed by Everett Financial, Inc.. (Ralph, F) |
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Filing 22
(Text-Only) BRIEFING ORDER re: #13 Motion for TRO. Response due on or before 2/14/2020. Reply due on or before 2/18/2020. Motion Hearing set for 2/21/2020 at 1:00 PM in Courtroom 3B (STP) before Judge Eric C. Tostrud. Ordered by Judge Eric C. Tostrud on 2/7/2020. (RMM)
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| Filing 21 MOTION for Admission Pro Hac Vice for Attorney Sarah A. Kleinman. Filing fee $ 100, receipt number AMNDC-7462931 filed by American Mortgage & Equity Consultants, Inc.. (Boyle, John) |
| Filing 20 MOTION for Admission Pro Hac Vice for Attorney Ari Karen. Filing fee $ 100, receipt number AMNDC-7461719 filed by American Mortgage & Equity Consultants, Inc.. (Boyle, John) |
| Filing 19 PROPOSED ORDER TO JUDGE re #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by American Mortgage & Equity Consultants, Inc..(Boyle, John) |
| Filing 18 Declaration of Jennifer Harazin in Support of #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by American Mortgage & Equity Consultants, Inc.. (Attachments: #1 Exhibit(s) A)(Boyle, John) |
| Filing 17 Declaration of Joe Kolesar in Support of #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by American Mortgage & Equity Consultants, Inc.. (Attachments: #1 Exhibit(s) A)(Boyle, John) |
| Filing 16 Declaration of Todd Ellestad in Support of #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by American Mortgage & Equity Consultants, Inc.. (Attachments: #1 Exhibit(s) A)(Boyle, John) |
| Filing 15 EXHIBIT List re #14 Memorandum in Support of Motion, filed by American Mortgage & Equity Consultants, Inc.. (Attachments: #1 Exhibit(s) A - Complaint filed in Hennepin County District Court on January 27, 2020)(Boyle, John) |
| Filing 14 MEMORANDUM in Support re #13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by American Mortgage & Equity Consultants, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Boyle, John) |
| Filing 13 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by American Mortgage & Equity Consultants, Inc.. (Boyle, John) |
| Filing 12 NOTICE of Appearance by Briana Al Taqatqa on behalf of Everett Financial, Inc.. (Al Taqatqa, Briana) |
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Filing 11
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT re #2 Exhibit/Sealed Complaint: The parties are directed to Meet and Confer by 2/11/2020 as required by the Order. The parties are required to file a joint motion consistent with the Order no later than 2/21/2020. The parties are otherwise required to email the undersigned Magistrate Judge no later than 2/21/2020 with proposals for any alternative method of addressing sealing of the Complaint. See Order for details. Signed by Magistrate Judge Katherine M. Menendez on 2/4/2020. (BJP)
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| Filing 10 NOTICE of Appearance by Glen E Schumann on behalf of American Mortgage & Equity Consultants, Inc.. (Schumann, Glen) |
| Filing 9 CERTIFICATE OF SERVICE by Everett Financial, Inc. re #8 Rule 7.1 - Disclosure Statement (Ralph, F) |
| Filing 8 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Everett Financial, Inc.. (Ralph, F) |
| Filing 7 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff American Mortgage & Equity Consultants, Inc.. (Boyle, John) |
| Filing 6 NOTICE of Appearance by John P. Boyle on behalf of American Mortgage & Equity Consultants, Inc.. (Boyle, John) |
| Filing 5 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per 3rd/4th Master list, referred to Magistrate Judge Katherine M. Menendez. Please use case number 20-cv-426 ECT/KMM. (kt) |
| Filing 4 CERTIFICATE OF SERVICE by Everett Financial, Inc. re #3 Statement instead of Redacted Document, #2 Exhibit, #1 Notice of Removal, (Ralph, F) |
| Filing 3 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #2 Sealed Document(s) - #2 Sealed State Court Complaint . (Ralph, F) |
| Filing 2 SEALED EXHIBIT 2 State Court Complaint re #1 Notice of Removal, by Defendant Everett Financial. (Ralph, F) Modified text on 2/3/2020 (CLK). |
| Filing 1 NOTICE OF REMOVAL from Hennepin County District Court, case number 27-CV-20-1862 (filing fee $ 400, receipt number AMNDC-7447193) filed by Everett Financial, Inc. d/b/a Supreme Lending. No summons requested. (Attachments: #1 Exhibit(s) 1 - State Ct Summons, #2 Exhibit(s) 3 - State Ct Cover Sheet, #3 Exhibit(s) 4 - Pltf's State Ct Mot to Seal, #4 Exhibit(s) 5 - State Ct Docket, #5 Civil Cover Sheet) (Ralph, F) |
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