Jackson Multifamily Holding, LLC v. The Estates at White Oaks, LLC
| Jackson Multifamily Holding, LLC |
| The Estates at White Oaks, LLC and Willow Point Apartments, LLC |
| Revere Tactical Opportunities REIT, LLC |
| 3:2024cv00023 |
| January 12, 2024 |
| US District Court for the Southern District of Mississippi |
| F Keith Ball |
| Andrew S Harris |
| Daniel P Jordan |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 34 FINAL JUDGMENT: For the reasons stated in the order entered this date, the Court enters final judgment for Plaintiff, Jackson Multifamily Holding, LLC, in this matter. Plaintiff is entitled to record its deed for the subject property. Plaintiff is further entitled to immediate ejectment of Defendant from the subject property. Each party is to bear its own costs. Any claims not otherwise addressed are denied as moot. Signed by Chief District Judge Daniel P. Jordan, III on 3/6/2024 (cwl) |
Filing 33
ORDER granting #29 Motion for Settlement as set out in the Order. A separate judgment will be entered in a separate docket entry to follow. Signed by Chief District Judge Daniel P. Jordan III on March 6, 2024. (SP)
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Filing 32
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Andrew S. Harris for all further proceedings. Magistrate Judge F. Keith Ball no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 3/1/24 (MGB)
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| Remark: Parties should include the newly assigned Magistrate Judge's initials ASH on future filings. (MGB) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF STATUS CONFERENCE held on 02/28/2024 before Judge Daniel P. Jordan, III. Court Reporter/Transcriber Candice Crane, Telephone Number : 601-608-4187, E-mail : candice_crane@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/20/2024. Redacted Transcript Deadline set for 4/1/2024. Release of Transcript Restriction set for 5/28/2024. (CC) |
| TEXT ONLY ORDER: As discussed at the motion hearing, Plaintiff/Third-Party Defendant's Response is due no later than March 4, 2024; and Defendant's Rebuttal is due no later than March 8, 2024. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Chief District Judge Daniel P. Jordan III on February 28, 2024. (SP) |
| Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: Motion Hearing held on February 28, 2024 re #29 Motion for Settlement Agreement Enforcement. APPEARING: Benjamin Bryant and Rusty J. O'Kane, counsel for Plaintiff and Third-Party Defendant; and S. Joshua Kahane, counsel for Defendant. Court Reporter/Transcriber: Candice Crane (601) 608-4187 and E-mail: candice_crane@mssd.uscourts.gov. (SP) |
| NOTICE OF HEARING: Motion Hearing set for February 28, 2024 at 8:00 AM via Zoom/VTC before Chief District Judge Daniel P. Jordan III re #29 Motion for Settlement Agreement Enforcement. The parties will be emailed the necessary Zoom link prior to the hearing.(SP) |
| Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: Motion Hearing held on February 20, 2024 via Zoom re #29 Motion for Settlement Agreement Enforcement. APPEARING: Benjamin Bryant, counsel for Plaintiff and Third-Party Defendant; and S. Joshua Kahane, counsel for Defendant. Court Reporter/Transcriber: Margaret Wasmund (601) 329-6113. (SP) |
| TEXT ONLY ORDER: As stated on the record, if the settlement amount discussed has not been submitted by end of business today, this matter will be reset for a motion hearing hearing on February 21, 2024. The parties are to contact the Court to inform it as to whether this has been done and set a time for this matter for hearing. However, if the discussed settlement amount is paid, then this matter will be set for a motion hearing on February 28, 2024 at 8:00 AM. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Chief District Judge Daniel P. Jordan III on February 20, 2024.(SP) |
| Filing 30 MEMORANDUM in Support re #29 MOTION for Settlement Agreement Enforcement filed by Jackson Multifamily Holding, LLC, Revere Tactical Opportunities REIT, LLC (Bryant, Benjamin) |
| Filing 29 MOTION for Settlement Agreement Enforcement by Jackson Multifamily Holding, LLC, Revere Tactical Opportunities REIT, LLC (Attachments: #1 Exhibit A - Settlement Agreement)(Bryant, Benjamin) |
| Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 2/9/2024 in Jackson, MS. Appearing: Rusty O'Kane, Ben Bryant and Joshua Kahane. (JEJ) |
| Set Hearing: Telephonic Status Conference set for 2/8/2024 04:00 PM before Magistrate Judge F. Keith Ball. Parties shall call the Court's AT&T number 877-336-1831, code 7817265. (JEJ) |
| Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 2/8/2024 in Jackson, MS. Appearing: Ben Bryant, Rusty O'Kane and Josh Kahane. (JEJ) |
| Set Hearing: Telephonic Status Conference set for 2/9/2024 11:00 AM before Magistrate Judge F. Keith Ball. Parties shall call the Court's AT&T number 877-336-1831, code 7817265. (JEJ) |
| Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 2/6/2024 in Jackson, MS. Appearing: Ben Bryant and Josh Kahane. (JEJ) |
| Set Hearing: Telephonic Status Conference set for 2/6/2024 02:00 PM before Magistrate Judge F. Keith Ball. Parties shall call the Court's AT&T number 877-336-1831, code 7817265. (JEJ) |
| Filing 28 ANSWER to #2 Answer to Complaint,, Third Party Complaint,, Counterclaim, by Revere Tactical Opportunities REIT, LLC.(Bryant, Benjamin) |
| Filing 27 ANSWER to #2 Answer to Complaint,, Third Party Complaint,, Counterclaim, by Jackson Multifamily Holding, LLC.(Bryant, Benjamin) |
| Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 1/31/2024 in Jackson, MS. Appearing: Rusty O'Kane, Ben Bryant and Joshua Kahane. (JEJ) |
| Set Hearing: Telephonic Status Conference set for 1/31/2024 08:30 AM before Magistrate Judge F. Keith Ball. Parties shall call the Court's AT&T number 877-336-1831, code 7817265. (JEJ) |
| Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephone Conference held on 1/29/2024 in Jackson, MS. Appearing: Ben Bryant, Rusty O'Kane and Josh Kahane. (JEJ) |
| Set Hearing: Telephone Conference set for 1/29/2024 09:00 AM before Magistrate Judge F. Keith Ball. Parties shall call the Court's AT&T number 877-336-1831, code 7817265. (JEJ) |
| Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 1/26/2024 in Jackson, MS. Appearing: Ben Bryant, Travis Behl, Rusty O'Kane, Josh Kahane, Aubrey Greer, Madeline Burgeson and Isaac Perlmutter. (JEJ) |
| Set Hearing: Settlement Conference set for 1/26/2024 09:30 AM before Magistrate Judge F. Keith Ball by zoom. (JEJ) |
| Filing 26 TRIAL/HEARING EXHIBIT P-13 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 25 TRIAL/HEARING EXHIBIT P-12 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 24 TRIAL/HEARING EXHIBIT P-11 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 23 TRIAL/HEARING EXHIBIT P-10 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 22 TRIAL/HEARING EXHIBIT P-9 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 21 TRIAL/HEARING EXHIBIT P-8 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 20 TRIAL/HEARING EXHIBIT P-7 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 19 TRIAL/HEARING EXHIBIT P-6 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 18 TRIAL/HEARING EXHIBIT P-5 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 17 TRIAL/HEARING EXHIBIT P-4 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 16 TRIAL/HEARING EXHIBIT P-3 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 15 TRIAL/HEARING EXHIBIT P-2 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 14 TRIAL/HEARING EXHIBIT P-1 - PLAINTIFF by Jackson Multifamily Holding, LLC.(SP) |
| Filing 13 PLAINTIFF'S EXHIBIT LIST by Jackson Multifamily Holding, LLC.(SP) |
| Filing 12 PLAINTIFF'S WITNESS LIST by Jackson Multifamily Holding, LLC.(SP) |
| Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: Motion Hearing held on January 22, 2024 re #4 Motion for Temporary Restraining Order filed by The Estates at White Oaks, LLC, and #8 Motion for Temporary Restraining Order and/or Preliminary Injunction filed by Jackson Multifamily Holding, LLC. APPEARING: Rusty J. O'Kane and Benjamin Bryan, counsel for Plaintiff; S. Joshua Kahane and Aubrey B. Greer, counsel for defendant; and Travis Behl, head of Asset Management for Revere Capital Management (in its capacity as the manager of Revere Tactical Opportunities REIT, LLC). Court Reporter/Transcriber: Teri Norton (601) 608-4186 and E-mail: teri_norton@mssd.uscourts.gov. (SP) |
| Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: In Chambers Conference held on January 22, 2024. PARTICIPATING: Rusty J. O'Kane and Benjamin Bryan, counsel for Plaintiff; and S. Joshua Kahane and Aubrey B. Greer, counsel for defendant. (SP) |
| Filing 11 MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order filed by Jackson Multifamily Holding, LLC, Revere Tactical Opportunities REIT, LLC (Bryant, Benjamin) |
| Filing 10 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order filed by Jackson Multifamily Holding, LLC, Revere Tactical Opportunities REIT, LLC (Attachments: #1 Exhibit A - Declaration of Travis Behl, #2 Exhibit B - Borrower Registration Status)(Bryant, Benjamin) |
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TEXT-ONLY ORDER granting #7 Motion to Appear Pro Hac Vice. That Attorney Rusty J. O'Kane be admitted pro hac vice in this case on behalf of Plaintiff in association with local counsel conditioned upon completion of the registration procedures found on the Courts website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 1/19/2024. (JEJ)
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| NOTICE OF HEARING: Motion Hearing set for January 22, 2024 at 9:00 AM in Courtroom 5A (Jackson) Jordan before Chief District Judge Daniel P. Jordan III re #4 Motion for Temporary Restraining Order and #8 Motion for Temporary Restraining Order and/or Preliminary Injunction. (SP) |
| Filing 9 MEMORANDUM in Support re #8 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Jackson Multifamily Holding, LLC (Bryant, Benjamin) |
| Filing 8 MOTION for Temporary Restraining Order and/or Preliminary Injunction by Jackson Multifamily Holding, LLC (Attachments: #1 Exhibit A - Affidavit of Travis Behl, #2 Exhibit B - 2024.01.18 Correspondence)(Bryant, Benjamin) |
| Filing 7 MOTION for Rusty J. O'Kane to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5313111) by Jackson Multifamily Holding, LLC (Attachments: #1 Exhibit A - Certificate of Good Standing)(Bryant, Benjamin) |
| Filing 6 AFFIDAVIT in Support re #4 MOTION for Temporary Restraining Order filed by The Estates at White Oaks, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Kahane, S. Joshua) |
| Filing 5 MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order filed by The Estates at White Oaks, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Kahane, S. Joshua) |
| DOCKET ANNOTATION as to Doc #4 Memorandum in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document. (PG) |
| Filing 4 MOTION for Temporary Restraining Order by The Estates at White Oaks, LLC (Attachments: #1 Memorandum of Law in Support of Motion for TRO and Injunctive Relief, #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, #18 Declaration of Isaac Perlmutter in Support of Motion for TRO and Injunctive Relief)(Kahane, S. Joshua) |
| Filing 3 State Court Record by Plaintiff Jackson Multifamily Holding, LLC (Bryant, Benjamin) |
| Filing 2 ANSWER to Complaint with Affirmative Defenses, THIRD PARTY COMPLAINT against Revere Tactical Opportunities REIT, LLC, COUNTERCLAIM against Jackson Multifamily Holding, LLC by The Estates at White Oaks, LLC. (Attachments: #1 Exhibit A)(Kahane, S. Joshua) |
| Filing 1 NOTICE OF REMOVAL by The Estates at White Oaks, LLC from Hinds County Chancery Court, case number 25CH1:24-cv-37. ( Filing fee $ 405 receipt number AMSSDC-5309181) 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 - State Court Record, #2 Civil Cover Sheet)(PG) |
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