Compeer Financial, ACA et al v. Corporate America Lending, Inc.
| Compeer Financial, FLCA, Compeer Financial, PCA and Compeer Financial, ACA |
| Corporate America Lending, Inc. |
| 0:2024cv01896 |
| May 21, 2024 |
| U.S. District Court for the District of Minnesota |
| Jerry W Blackwell |
| Elizabeth Cowan Wright |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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| Filing 41 LETTER TO DISTRICT JUDGE by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA containing Report and Recommendations of Emergency Arbitrator to the Honorable Jerry W. Blackwell. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Parkes, Trevor) |
Filing 40
(Text-Only) ORDER in Response to #38 Letter to District Judge. Plaintiffs' letter request (Doc. No. 38) is DENIED as premature. Absent a written recommendation from the Emergency Arbitrator or arbitration panel that this Court consider or impose sanctions, this action will remain stayed pending resolution of AAA Case No. 01-24-0005-4234. Ordered by Judge Jerry W. Blackwell on 6/27/2024. (DMD)
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| Filing 39 LETTER TO DISTRICT JUDGE by Corporate America Lending, Inc. re #38 . (Lee, Barry) |
| Filing 38 LETTER TO DISTRICT JUDGE by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA . (Attachments: #1 Exhibit(s) Interim Award, #2 Exhibit(s) CAL June 3 Report, #3 Exhibit(s) Supplemental Interim Award, #4 Exhibit(s) CAL June 6 Report, #5 Exhibit(s) Second Supplemental Interim Award, #6 Exhibit(s) CAL June 13 Report)(Boylan, Joseph) |
| Filing 37 REDACTED Version of previously filed TRANSCRIPT #33 Status Conference held on 5/29/2024 before Judge Jerry W. Blackwell. (19 pages). Court Reporter: Paula Richter. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents. Release of Transcript Restriction set for 8/27/2024. (PKR) |
| Filing 36 STATEMENT OF REDACTION by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA re #33 Transcript . Attn: Court Reporter Paula Richter. (Parkes, Trevor) |
| Filing 35 JOINT MOTION REGARDING CONTINUED SEALING re #11 Affidavit in Support of Motion, #12 Proposed Order to Judge, #7 Memorandum in Support of Motion, #9 Affidavit in Support of Motion, #8 Redacted Document, filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA. (Parkes, Trevor) |
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Filing 34
(Text-Only) ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Misa Eiritz for Corporate America Lending, Inc.; granting #24 Motion for Admission Pro Hac Vice of Attorney Barry W. Lee for Corporate America Lending, Inc.; granting #25 Motion for Admission Pro Hac Vice of Attorney Noro Mejlumyan for Corporate America Lending, Inc. Approved by Magistrate Judge Elizabeth Cowan Wright on 5/30/2024. (jam)
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| Filing 33 SEALED unredacted transcript. Please refer to the redacted transcript #37 . TRANSCRIPT of Status Conference held on 5/29/2024 before Judge Jerry W. Blackwell. (19 pages). Court Reporter: Paula Richter. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 21 days to file a Statement of Redaction. 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 #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Statement of Redaction due 6/20/2024. Redacted Transcript Deadline set for 7/1/2024. Release of Transcript Restriction set for 8/27/2024. (PKR) Modified text on 6/18/2024 (LTT). |
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Filing 32
ORDER denying #5 Motion for TRO. Having considered the submissions of the parties, the record in this case, and following a conference with the parties, IT IS HEREBY ORDRED as follows: 1. Preservation of Disputed Funds: Defendant is hereby ORDERED to preserve the disputed funds totaling $58,187,976.50 (the "Payoff Proceeds") received as a result of the Borrowers' decision to refinance the Famoso Loans on April 29, 2024. 2. Prohibition Against Transfer or Dissipation: Defendant is hereby ORDERED to refrain from transferring, dissipating, or otherwise disposing of the Payoff Proceeds pending further order of this Court. 3. Segregation of Funds: Defendant is hereby ORDERED to place the Payoff Proceeds in a segregated, interest-bearing escrow account within 5 business days of this Order. The account shall be established at a reputable financial institution, and Defendant shall provide documentation confirming the establishment and details of the escrow account to the Arbitrator(s) assigned to AAA Case No. 01-24-0005-4234. 4. Compliance Reporting: Defendant is hereby ORDERED to submit a detailed report to the Arbitrator(s) on June 3, 2024, outlining the steps taken to preserve the Payoff Proceeds and to comply with this Order. 5. Authority of the Arbitrator: The Arbitrator(s) assigned to AAA Case No. 01-24-0005-4234 is hereby authorized to amend any aspect of this Order, including all preceding paragraphs and including suspending the Order, at their discretion consistent with their management and oversight of the arbitration process. 6. Sanctions for Non-Compliance: Should Defendant fail to comply with any provision of this Order, the Arbitrator may recommend that this Court impose sanctions, including but not limited to monetary fines, adverse inference rulings, and the possibility of holding Defendant and its officers in contempt of court. 7. Plaintiffs' Motion for Temporary Restraining Order (Doc. No. 5) is otherwise DENIED, and this action is STAYED pending the resolution of AAA Case No. 01-24-0005-4234. (See Order for Complete Details) Signed by Judge Jerry W. Blackwell on 5/29/2024. (DMD)
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| Filing 31 TRANSCRIPT REQUEST for an Expedited Daily Transcript (by 8am following day) of 29 Status Conference,,,, to Court Reporter Paula Richter. (Parkes, Trevor) |
| Filing 30 DECLARATION of Ron Cook by Corporate America Lending, Inc. . (Robinson, Natasha) |
| Filing 29 (Text-Only) MINUTE ENTRY for proceedings held before Judge Jerry W. Blackwell on 5/29/2024: Status Conference.Court Reporter: Paula RichterSt. Paul Courthouse, Courtroom Video ConferenceTime: 11:03 am11:31 amTotal Time: 28 minutesAPPEARANCES:For Plaintiff(s): Joseph Boylan; Chris Lowrien, Trevor Parkes, David FederFor Defendant(s): Barry Lee; Joseph Dixon, Natasha Robinson PROCEEDINGS: Discussion regarding case status. For the reasons discussed at the status conference, Defendant must identify an individual with authority within Defendant's offices who can confirm the current status of the disputed funds and enter into an agreement to preserve the funds pending the arbitration outcome. If Defendant identifies such an individual in an email to chambers by 1:30 p.m. central time today, May 29, 2024, a Zoom status conference will take place at 3:00 p.m. central time, and the individual must attend the call. If no such individual is identified by that time, the Court will provide further instructions to the parties by separate order. (DMD) |
| Filing 28 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Corporate America Lending, Inc.. (Dixon, Joseph) |
| Filing 27 LETTER TO DISTRICT JUDGE by Corporate America Lending, Inc. . (Dixon, Joseph) |
| Filing 26 NOTICE of Appearance by Joseph T Dixon, III on behalf of Corporate America Lending, Inc.. (Dixon, Joseph) |
| Filing 25 MOTION for Admission Pro Hac Vice for Attorney Noro Mejlumyan. Filing fee $ 100, receipt number AMNDC-11077341 filed by Corporate America Lending, Inc.. (Robinson, Natasha) |
| Filing 24 MOTION for Admission Pro Hac Vice for Attorney Barry W. Lee. Filing fee $ 100, receipt number AMNDC-11077326 filed by Corporate America Lending, Inc.. (Robinson, Natasha) |
| Filing 23 MOTION for Admission Pro Hac Vice for Attorney Misa Eiritz. Filing fee $ 100, receipt number AMNDC-11077296 filed by Corporate America Lending, Inc.. (Robinson, Natasha) |
| Filing 22 NOTICE of Appearance by Natasha T. Robinson on behalf of Corporate America Lending, Inc.. (Robinson, Natasha) |
| Filing 21 WAIVER OF SERVICE Returned Executed filed Corporate America Lending, Inc. waiver sent on 5/23/2024, answer due 7/22/2024. (Parkes, Trevor) Modified text on 5/29/2024 (LTT). |
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Filing 20
(Text-Only) ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Joseph James Boylan for Compeer Financial, ACA,Compeer Financial, FLCA, and Compeer Financial, PCA.; granting #17 Motion for Admission Pro Hac Vice of Attorney David J. Feder for Compeer Financial, ACA,Compeer Financial, FLCA, and Compeer Financial, PCA.; granting #18 Motion for Admission Pro Hac Vice of Attorney Chris Lovrien for Compeer Financial, ACA,Compeer Financial, FLCA, and Compeer Financial, PCA. Approved by Magistrate Judge Elizabeth Cowan Wright on 5/24/2024. (jam)
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| Filing 19 (Text-Only) NOTICE: Status Conference set for 5/29/2024 at 11:00 AM in Video Conference (no courtroom) before Judge Jerry W. Blackwell. (DMD) |
| Filing 18 MOTION for Admission Pro Hac Vice for Attorney Christopher Lovrien. Filing fee $ 100, receipt number AMNDC-11067347 filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA. (Parkes, Trevor) |
| Filing 17 MOTION for Admission Pro Hac Vice for Attorney David Feder. Filing fee $ 100, receipt number AMNDC-11067331 filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA. (Parkes, Trevor) |
| Filing 16 MOTION for Admission Pro Hac Vice for Attorney Joseph Boylan. Filing fee $ 100, receipt number AMNDC-11067282 filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA. (Parkes, Trevor) |
| Filing 15 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Christopher J. Lovrien, Joseph J. Boylan, David J. Feder as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MKB) |
| Filing 14 Summons Issued as to Corporate America Lending, Inc. (MKB) |
| Filing 13 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Jerry W. Blackwell per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 24-cv-1896 (JWB/ECW).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MKB) |
| Filing 12 PROPOSED ORDER TO JUDGE re #5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA.(Parkes, Trevor) |
| Filing 11 AFFIDAVIT of Joseph Boylan in SUPPORT OF #5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA.(Parkes, Trevor) |
| Filing 10 Redacted Document for #9 Affidavit of Chad Steele in Support of Plaintiffs' Motion for Temporary Injunction filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA.(Parkes, Trevor) Modified text on 5/22/2024 (MKB). |
| Filing 9 SEALED AFFIDAVIT of Chad Steele in SUPPORT OF #5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Compeer Financial, ACA et al.(Parkes, Trevor) |
| Filing 8 Redacted Document for #5 Redacted Memorandum of Law in Support of Motion for Temporary Restraining Order filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Parkes, Trevor) |
| Filing 7 SEALED MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Compeer Financial, ACA et al. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Parkes, Trevor) |
| Filing 6 NOTICE OF HEARING ON MOTION #5 MOTION for Temporary Restraining Order - Expedited Handling Requested : Date and time to be determined. (Parkes, Trevor) |
| Filing 5 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA. (Parkes, Trevor) |
| Filing 4 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation owning 10 percent or more of its stock, or subsidiary reported for Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA. (Parkes, Trevor) |
| Filing 3 EXHIBIT Exhibit 1 re #1 Complaint, filed by Compeer Financial, ACA, Compeer Financial, FLCA, Compeer Financial, PCA. (Attachments: #1 Exhibit(s) Exhibit 13, #2 Exhibit(s) Exhibit 15, #3 Exhibit(s) Exhibit 17, #4 Exhibit(s) Exhibit 21)(Parkes, Trevor) |
| Filing 2 Redacted Document for #1 Redacted Complaint . (Attachments: #1 Exhibit(s) Exhibit 2 (Redacted), #2 Exhibit(s) Exhibit 3 (Redacted), #3 Exhibit(s) Exhibit 5 (Redacted), #4 Exhibit(s) Exhibit 6 (Redacted), #5 Exhibit(s) Exhibit 8 (Redacted), #6 Exhibit(s) Exhibit 9 (Redacted), #7 Exhibit(s) Exhibit 10 (Redacted), #8 Exhibit(s) Exhibit 11 (Redacted), #9 Exhibit(s) Exhibit 12 (Redacted), #10 Exhibit(s) Exhibit 14 (Redacted), #11 Exhibit(s) Exhibit 16 (Redacted), #12 Exhibit(s) Exhibit 18 (Redacted), #13 Exhibit(s) Exhibit 19 (Redacted), #14 Exhibit(s) Exhibit 20 (Redacted), #15 Civil Cover Sheet)(Parkes, Trevor) |
| Filing 1 SEALED COMPLAINT against Corporate America Lending, Inc. (filing fee $ 405, receipt number AMNDC-11065740) filed by Compeer Financial, ACA et al. Filer requests summons issued. (Attachments: #1 Exhibit(s) Exhibit 4 (Sealed), #2 Exhibit(s) Exhibit 7 (Sealed), #3 Exhibit(s) Exhibit 22 (Sealed), #4 Civil Cover Sheet) (Parkes, Trevor) |
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