Beyond Capital Financial Management Group, Inc et al v. Byline Bank et al
Plaintiff: Kenneth Watts, Jr., Beyond Capital Financial Management Group, Inc and Beyond Capital Financial Management Group, Inc doing business as Beyond Capital
Defendant: John Does 1-10 and Byline Bank
Case Number: 3:2020cv00402
Filed: June 17, 2020
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Linda R Anderson
Referring Judge: Henry T Wingate
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2020 Opinion or Order TEXT ONLY ORDER Before this court is the defendants Unopposed Motion for Extension of Time [Docket no. 13]. This court has reviewed such and finds it well-taken. Accordingly, defendants Unopposed Motion for Extension of Time [Docket no. 13] is hereby GRANTED. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 8/14/2020 (ab)
August 4, 2020 Opinion or Order Filing 13 MOTION for Extension of Time to File Response/Reply re #5 MOTION to Dismiss or, in the Alternative, to Transfer Venue by Byline Bank (Masley, Stephen) Modified on 8/4/2020 (LAT).
July 31, 2020 Opinion or Order Filing 12 MEMORANDUM in Opposition re #5 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed by Beyond Capital Financial Management Group, Inc, Kenneth Watts, Jr. (Mitts, Grace)
July 31, 2020 Opinion or Order Filing 11 AFFIDAVIT in Opposition re #5 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed by Beyond Capital Financial Management Group, Inc, Kenneth Watts, Jr. (Attachments: #1 Exhibit 1 - Consent Order, #2 Exhibit 2 - Byline Bank documents, #3 Exhibit 3 - Assignment of Life Insurance, #4 Exhibit 4 - Byline Bank statement, #5 Exhibit 5 - Byline Bank February 27, 2019 letter, #6 Exhibit 6 - Commercial Credit Amended Authority, #7 Exhibit 7 - Byline Bank May 30, 2019 letter, #8 Exhibit 8 - May 31, 2019 email from Avelina Poppert, #9 Exhibit 9 - Miss. Secretary of State documents, #10 Exhibit 10 - Byline Bank ATM location in Miss., #11 Exhibit 11 - Summons to Byline Bank)(Mitts, Grace)
July 31, 2020 Opinion or Order Filing 10 RESPONSE in Opposition re #5 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed by Beyond Capital Financial Management Group, Inc, Kenneth Watts, Jr. (Mitts, Grace)
July 23, 2020 Opinion or Order TEXT ONLY ORDER. Before this court is the plaintiffs Second Unopposed Motion for Extension of Time to File Response [Docket no. 9]. This court has reviewed such unopposed motion and finds it well-taken and hereby GRANTS the motion. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Responses due by 7/31/2020 Signed by District Judge Henry T. Wingate on 7/23/2020 (ab)
July 21, 2020 Opinion or Order Filing 9 Second MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss or, in the Alternative, to Transfer Venue by Beyond Capital Financial Management Group, Inc (Mitts, Grace)
July 2, 2020 Opinion or Order TEXT ONLY ORDER This court has reviewed the unopposed requested extension of time of plaintiffs to file their response to defendants motion to dismiss and finds it well-taken. Accordingly, plaintiffs Unopposed Motion for Extension of Time [Docket no. 8] is hereby GRANTED. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 7/2/2020 (ab)
July 1, 2020 Opinion or Order Filing 8 First MOTION to Extend July 8, 2020 Deadline by Beyond Capital Financial Management Group, Inc (Mitts, Grace)
July 1, 2020 Opinion or Order Filing 7 ORDER Staying Discovery and Cancelling Case Management Conference. Signed by Magistrate Judge Linda R. Anderson on 7/1/2020 (Lewis, Nijah)
June 25, 2020 Opinion or Order DOCKET ANNOTATION as to #5 : This document requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. (LAT)
June 24, 2020 Opinion or Order Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss or, in the Alternative, to Transfer Venue filed by Byline Bank (Masley, Stephen)
June 24, 2020 Opinion or Order Filing 5 MOTION to Dismiss or, in the Alternative, to Transfer Venue by Byline Bank (Attachments: #1 Exhibit A - Declaration)(Masley, Stephen). Added MOTION to Transfer Venue on 6/25/2020 (LAT).
June 18, 2020 Opinion or Order Filing 4 (Corrected) Rule 16(a) Initial Order. Telephonic Case Management Conference set for 8/3/2020 09:00 AM before Magistrate Judge Linda R. Anderson. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to anderson_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall initiate the conference call; and once all parties are on the line, contact the Court at 601-608-4440. (Lewis, Nijah)
June 18, 2020 Opinion or Order Filing 3 ERROR - DISREGARD THIS DOCUMENTS - STYLE OF CASE IS INCORRECT. Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/3/2020 09:00 AM before Magistrate Judge Linda R. Anderson. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to anderson_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall initiate the conference call; and once all parties are on the line, contact the Court at 601-608-4440. (Lewis, Nijah) Modified on 6/18/2020 (Lewis, Nijah).
June 18, 2020 Opinion or Order DOCKET ANNOTATION as to #3 - Document contained an incorrect style of the case. See Docket #4 - correcting the style of the case. (Lewis, Nijah)
June 17, 2020 Opinion or Order Filing 2 Corporate Disclosure Statement by Byline Bank identifying Corporate Parent Byline Bancorp, Inc., Other Affiliate MBG Investors I, LP for Byline Bank. (Masley, Stephen)
June 17, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL by Byline Bank from Lauderdale County Circuit Court, case number 20-CV-055(BB). ( Filing fee $ 400 receipt number 0538-4299770) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Complaint and State Court File, #2 Civil Cover Sheet)(PG)

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Defendant: John Does 1-10
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Defendant: Byline Bank
Represented By: Stephen T. Masley
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Plaintiff: Kenneth Watts, Jr.
Represented By: Grace Watts Mitts
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Plaintiff: Beyond Capital Financial Management Group, Inc
Represented By: Grace Watts Mitts
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Plaintiff: Beyond Capital Financial Management Group, Inc doing business as Beyond Capital
Represented By: Grace Watts Mitts
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