Mills v. Billings et al
| Alysson Mills |
| MDB Group, LLC, First South Investments, LLC, Terry Wayne Kelly, Jr., Kelly Management, LLC, William B. McHenry, Jr. and Michael D. Billings |
| 3:2018cv00679 |
| October 1, 2018 |
| US District Court for the Southern District of Mississippi |
| F Keith Ball |
| Carlton W Reeves |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| None |
Docket Report
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| DOCKET ANNOTATION as to [#44]:These documents appear to be duplicate filings. Therefore, Doc. [#44] should be disregarded. (MGB) |
Filing 45
AGREED ORDER granting #16 MOTION for Preliminary Injunction Against William B. McHenry, Jr. and First South Investments, LLC filed by Alysson Mills Signed by District Judge Carlton W. Reeves on 11/16/18 (TRS)
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Filing 44
***ERROR***DISREGARD THIS ENTRY****AGREED ORDER granting #16 Motion for Preliminary Injunction. Signed by District Judge Carlton W. Reeves on 11/16/2018. (DJ) Modified on 11/19/2018 (MGB).
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| Filing 43 CERTIFICATE OF SERVICE by Alysson Mills (Attachments: #1 Attachment)(Mills, Alysson) |
| DOCKET ANNOTATION as to #34 Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading. but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (cwl) |
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Filing 42
ORDER Setting Hearing on Motion #34 MOTION to Approve Consent Judgment: Motion Hearing set for 12/19/2018 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves. Signed by District Judge Carlton W. Reeves on 11/15/2018. (DJ)
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| Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Conference held on 11/15/2018. PARTICIPANTS: Lilli Bass, Alysson Mills, Jason Burge, Latoya Jeter (Plaintiff's counsel); R. Andrew Taggart, Jr. (counsel for Defendant Michael Billings and MDB Group, LLC); Richard Montague,(counsel for Defendant William B. McHenry, Jr. and First South Investments, LLC). Defendant William B. McHenry shall have until 5:00 PM on 11/16/18 to file its response to the Motion for Preliminary Injunction (PI). A hearing on the Motion for PI has been set for 11/20/18 at 9:30 AM. (TRS) |
| NOTICE of Hearing on Motion #16 MOTION for Preliminary Injunction Against Michael D. Billings and MDB Group, LLC and William B. McHenry, Jr. and First South Investments, LLC : Motion Hearing set for 11/20/2018 09:30 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves (TRS) |
| Filing 41 NOTICE of Service of Rule 26 Initial Disclosure by First South Investments, LLC, William B. McHenry, Jr (Trapp, Frank) |
| Filing 40 ANSWER to #15 Amended Complaint by First South Investments, LLC, William B. McHenry, Jr.(Trapp, Frank) |
| Filing 39 NOTICE of Service of Rule 26 Initial Disclosure by Alysson Mills (Veith - PHV, Rebekka) |
| Filing 38 NOTICE of Service of Rule 26 Initial Disclosure by Michael D. Billings, MDB Group, LLC (Porter, David) |
| Filing 37 Joinder in Document by First South Investments, LLC, William B. McHenry, Jr to #23 MOTION to Dismiss Count IV of Amended Complaint filed by Michael D. Billings, MDB Group, LLC (Trapp, Frank) |
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Filing 36
AGREED ORDER granting in part and deferring ruling in part #16 Motion for Preliminary Injunction. Signed by District Judge Carlton W. Reeves on 11/13/2018. (DJ)
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| Set Hearings: Telephonic/Status Conference set for 11/15/2018 09:30 AM before District Judge Carlton W. Reeves. (TRS) |
| Filing 35 MEMORANDUM in Support re #34 MOTION to Approve Consent Judgment filed by Alysson Mills (Barriere - PHV, Brent) |
| Filing 34 MOTION to Approve Consent Judgment by Alysson Mills (Attachments: #1 Exhibit A, Consent Judgment, #2 Exhibit B, Settlement Agreement, #3 Exhibit C, Proposed Approval Order, #4 Exhibit D, Proposed Order Setting Hearing)(Barriere - PHV, Brent) |
| DOCKET ANNOTATION as to #31 and #32 : Attorney advised of an error in these entries. Each entry has been replaced with the corrected document. (VM) |
| Filing 33 REPLY to Response to Motion re #16 MOTION for Preliminary Injunction Against Michael D. Billings and MDB Group, LLC and William B. McHenry, Jr. and First South Investments, LLC filed by Alysson Mills (Attachments: #1 Attachment Proposed Order)(Amond - PHV, Kristen) |
| Filing 32 MEMORANDUM in Support re #31 MOTION for Summary Judgment filed by Alysson Mills (Veith - PHV, Rebekka) (Modified on 11/8/2018 (VM). |
| Filing 31 MOTION for Summary Judgment by Alysson Mills (Attachments: #1 Exhibit 1, Declaration of Alysson L. Mills, #2 Exhibit 2, Declaration of J. Lester Alexander)(Veith - PHV, Rebekka) Modified on 11/8/2018 (VM). |
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Filing 30
ORDER granting #5 Motion for Entry of Scheduling Order for Summary Proceedings, as modified. Signed by District Judge Carlton W. Reeves on 11/1/2018. (DJ)
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| Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 11/1/2018. APPEARANCES: Brent B. Barriere, Jason W. Burge, and Lillie Evans Bass (Plaintiff's counsel) Alysson Leigh Mills (Receiver); R. Andrew Taggart, Jr. and David Glyn Porter, (counsel for Defendant Michael Billings and MDB Group, LLC); Frank Trapp,(counsel for Defendant William B. McHenry, Jr. and First South Investments, LLC); Whitt Cooper and Steve Farese (counsel for Defendant Terry Wayne Kelly, Jr. and Kelly Management, LLC). The Court granted #5 MOTION for Entry of Scheduling Order for Summary Proceedings filed by Alysson Mills. The Receiver shall file a motion for summary judgment; the Defendant shall have 30 days to file a response to the Receiver's motion for summary judgment; the Receiver shall have 14 days to file a reply to Defendant's response; the Court will set an Evidentiary hearing 90 days after the Receiver files its motion for summary judgment. Court Reporter/Transcriber Candice Crane, Telephone Number : 601-608-4187. (TRS) |
| Filing 29 MEMORANDUM in Opposition re #16 MOTION for Preliminary Injunction Against Michael D. Billings and MDB Group, LLC and William B. McHenry, Jr. and First South Investments, LLC filed by Michael D. Billings, MDB Group, LLC (Taggart, R.) |
| Filing 28 RESPONSE in Opposition re #16 MOTION for Preliminary Injunction Against Michael D. Billings and MDB Group, LLC and William B. McHenry, Jr. and First South Investments, LLC filed by Michael D. Billings, MDB Group, LLC (Taggart, R.) |
| Filing 27 REPLY to Response to Motion re #25 Response to Motion filed by Michael D. Billings, MDB Group, LLC (Taggart, R.) |
| Filing 26 ANSWER to #15 Amended Complaint by Michael D. Billings, MDB Group, LLC.(Taggart, R.) |
| Filing 25 RESPONSE to Motion re #23 MOTION to Dismiss Count IV of Amended Complaint filed by Alysson Mills (Attachments: #1 Exhibit Proposed Pleading)(Amond - PHV, Kristen) |
| Set Motion Hearing as to #5 MOTION for Entry of Scheduling Order for Summary Proceedings. Motion Hearing set for 11/1/2018 at 02:00 PM in Courtroom 5B before District Judge Carlton W. Reeves. (CL) |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss Count IV of Amended Complaint filed by Michael D. Billings, MDB Group, LLC (Taggart, R.) |
| Filing 23 MOTION to Dismiss Count IV of Amended Complaint by Michael D. Billings, MDB Group, LLC (Taggart, R.) |
| Filing 22 NOTICE of Appearance by David Glyn Porter on behalf of Michael D. Billings, MDB Group, LLC (Porter, David) |
| Filing 21 NOTICE of Appearance by R. Andrew Taggart, Jr on behalf of Michael D. Billings, MDB Group, LLC (Taggart, R.) |
| Filing 20 REPLY to Response to Motion re #18 Response in Opposition to Motion filed by Alysson Mills (Veith - PHV, Rebekka) |
| Filing 19 MEMORANDUM in Opposition re #5 MOTION for Entry of Scheduling Order for Summary Proceedings filed by Michael D. Billings, MDB Group, LLC (Taggart, R.) |
| Filing 18 RESPONSE in Opposition re #5 MOTION for Entry of Scheduling Order for Summary Proceedings filed by Michael D. Billings, MDB Group, LLC (Taggart, R.) |
| Filing 17 MEMORANDUM in Support re #16 MOTION for Preliminary Injunction Against Michael D. Billings and MDB Group, LLC and William B. McHenry, Jr. and First South Investments, LLC filed by Alysson Mills (Jeter, LaToya) |
| Filing 16 MOTION for Preliminary Injunction Against Michael D. Billings and MDB Group, LLC and William B. McHenry, Jr. and First South Investments, LLC by Alysson Mills (Attachments: #1 Exhibit "1" Declaration of Alysson Mills, #2 Exhibit "2" Declaration of J. Lester, #3 Exhibit "3" Emails Dated May 19, 2015, #4 Exhibit "4" Emails Dated February 19, 2016, #5 Exhibit "5" Emails Dated April 29, 2015, #6 Exhibit "6" Emails Dated July 14, 2015)(Jeter, LaToya) |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Alysson Mills.(Jeter, LaToya) |
| Filing 14 NOTICE by Alysson Mills re #7 Order on Motion for Miscellaneous Relief, #8 Order on Motion for Miscellaneous Relief (Barriere - PHV, Brent) |
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TEXT-ONLY ORDER granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice. That Kristen D. Amond and Rebekka C. Veith be admitted pro hac vice in this case on behalf of the plaintiff in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 10/12/2018. (JEJ)
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| Filing 13 MOTION for Rebekka C. Veith to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3829238) by Alysson Mills (Attachments: #1 Exhibit A, Certificate of Good Standing)(Bass, Lilli) |
| Filing 12 MOTION for Kristen D. Amond to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3829229) by Alysson Mills (Attachments: #1 Exhibit A, Certificate of Good Standing)(Bass, Lilli) |
| Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Conference held on 10/9/2018. Alysson Mills, Brent Barriere, Kristen Amond, Lilli Bass and LaToya Jeter, (counsel for Plaintiff); Michael Billings (Defendant), Andy Taggart (counsel for Defendant). Court discussed with the parties whether TRO/Preliminary Injunction will be sought. (TRS) |
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TEXT-ONLY ORDER granting #10 Motion to Appear Pro Hac Vice; granting #11 Motion to Appear Pro Hac Vice. That Brent B. Barriere and Jason W. Burge and be admitted pro hac vice in this case on behalf of the plaintiff in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 10/9/2018. (JEJ)
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| Filing 11 MOTION for Jason W. Burge to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3827060) by Alysson Mills (Attachments: #1 Exhibit Exhibit A, Certificate of Good Standing)(Bass, Lilli) |
| Filing 10 MOTION for Brent B. Barriere to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3826980) by Alysson Mills (Attachments: #1 Exhibit Exhibit A, Certificate of Good Standing)(Bass, Lilli) |
| Filing 9 NOTICE of Appearance by LaToya T. Jeter on behalf of Alysson Mills (Jeter, LaToya) |
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TEXT ONLY ORDER setting Telephonic Status Conference for 10/9/2018 at 9:00 AM. Counsel for Plaintiff and counsel for Michael Billings must appear. Counsel for other Defendants may, but need not, participate. Plaintiff shall forward this Text Order to counsel for all Defendants. Call-in information will be forwarded to Plaintiff in a separate email. Signed by District Judge Carlton W. Reeves on 10/05/2018. (CL)
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Filing 8
ORDER granting #4 Joint Motion for Entry of Order. Signed by District Judge Carlton W. Reeves on 10/02/2018. (CL)
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Filing 7
ORDER granting #3 Joint Motion for Entry of Order. Signed by District Judge Carlton W. Reeves on 10/02/2018. (CL)
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| DOCKET ANNOTATION as to #3 , #4 and #5 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (VM) Modified on 10/2/2018 (VM). |
| DOCKET ANNOTATION as to #3 , #4 , #5 , and #6 : Case number missing from style of case on documents. Attorney is directed to correct the error in future filings. (VM) Modified on 10/2/2018 (VM). |
| Filing 6 MEMORANDUM in Support re #5 MOTION for Entry of Scheduling Order for Summary Proceedings filed by Alysson Mills (Bass, Lilli) |
| Filing 5 MOTION for Entry of Scheduling Order for Summary Proceedings by Alysson Mills (Attachments: #1 Appendix Scheduling Order for Summary Proceedings (proposed))(Bass, Lilli) |
| Filing 4 Joint MOTION for Entry of Order by Alysson Mills (Attachments: #1 Exhibit Exhibit A, Scheduling Order for Summary Proceedings (proposed), #2 Appendix Order (proposed))(Bass, Lilli) |
| Filing 3 Joint MOTION for Entry of Order by Alysson Mills (Attachments: #1 Exhibit Exhibit A, Scheduling Order for Summary Proceedings (proposed), #2 Appendix Order (proposed))(Bass, Lilli) |
| Filing 2 Summons Issued as to Michael D. Billings and MDB Group, LLC. (VM) |
| Filing 1 COMPLAINT against Michael D. Billings, MDB Group, LLC, Terry Wayne Kelly, Jr, Kelly Management, LLC, William B. McHenry, Jr, and First South Investments, LLC (Filing fee $400 receipt number 0538-3821905), filed by Alysson Mills. (Attachments: #1 Civil Cover Sheet, #2 Notice of Relatedness)(VM) |
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