Design Realty Solutions, LLC v. LIV Funding, LLC
| design realty solutions, llc and Design Real Estate Solutions, LLC |
| LIV Funding, llc |
| 4:2023cv01566 |
| December 6, 2023 |
| US District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER OF DISMISSAL: IT IS HEREBY ORDERED that Plaintiff's Motion for Voluntary Dismissal, Doc. #22 , is GRANTED, and this action is DISMISSED. See Fed. R. Civ. P. 41(a)(2); cf. id. at 41(a)(1)(A)(i) (providing a plaintiff the right to voluntarily dismiss an action by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment). Signed by District Judge Matthew T. Schelp on 12/15/2023. (TMT)
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| Filing 23 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Matthew T. Schelp: Motion Hearing held on 12/15/2023 re #1 MOTION for Temporary Restraining Order filed by Design Real Estate Solutions, LLC. All parties present. The Court hears argument. The Court rules #1 MOTION for Temporary Restraining Order; MOTION DENIED. (Court Reporter:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987) (proceedings started: 9:35AM) (proceedings ended: 10:23am) (Deputy Clerk: KCD)(Appearance for Plaintiff: Celestine Dotson)(Appearance for Defendant: Mayer Klein & Rachel Shenker) (KCD) |
| Filing 22 MOTION to Dismiss Case by Plaintiff Design Real Estate Solutions, LLC. (Dotson, Celestine) |
| Filing 21 NOTICE of Filing Deficiency re #20 Entry of Appearance filed by Defendant LIV Funding, LLC. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: The attorney's signature on the signature block must match the name of the e-filer. This is an informational notice and no further action is needed at this time. All future filings must be in compliance with this rule. (KCD) |
| Filing 20 ENTRY of Appearance by Mayer S. Klein for Defendant LIV Funding, LLC. (Klein, Mayer) |
| Filing 19 RESPONSE to Motion re #1 MOTION for Temporary Restraining Order filed by Defendant LIV Funding, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Klein, Mayer) |
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Filing 18
ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Continue TRO Hearing, Doc. #17 , is GRANTED. The hearing set in this matter is RESET to Friday, December 15, 2023, at 9:30 a.m., in Courtroom 14-South of the Thomas F. Eagleton United States Courthouse. IT IS FURTHER ORDERED that any briefing in opposition to Plaintiff's Motion for Temporary Restraining Order should be filed no later than 8:00 a.m. on Friday, December 15, 2023. (Hearing on Motion for Temporary Restraining Order set for 12/15/2023 09:30 AM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp.) Signed by District Judge Matthew T. Schelp on 12/14/2023. (TMT)
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| Filing 17 MOTION to Continue TRO hearing on December 14, 2023 by Defendant LIV Funding, LLC. (Klein, Mayer) |
| Filing 16 ENTRY of Appearance by Mayer S. Klein for Defendant LIV Funding, LLC. (Klein, Mayer) |
| Filing 15 NOTICE rule 65b certification: by Plaintiff Design Real Estate Solutions, LLC (Dotson, Celestine) |
| Filing 14 DISCLOSURE STATEMENT by Plaintiff Design Real Estate Solutions, LLC, Raymond Porter (Dotson, Celestine) Modified on 12/14/2023 (CBL). |
| Filing 13 SECOND AMENDED COMPLAINT against defendant Design Real Estate Solutions, LLC filed by Design Real Estate Solutions, LLC.(Dotson, Celestine) Modified on 12/14/2023 (KCD). |
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Filing 12
ORDER : IT IS HEREBY ORDERED that Plaintiff's Motion to Reopen Case, Doc. #11 , is GRANTED. Plaintiff shall file its Second Amended Complaint forthwith. IT IS FURTHER ORDERED that, no later than noon on Thursday, December 14, 2023, Plaintiff shall file its Disclosure Statement, which was due December 06, 2023. See Fed. R. Civ. P. 7.1; see also E.D. Mo. L.R. 2.09. IT IS FURTHER ORDERED that a hearing on Plaintiff's Motion for Temporary Restraining Order, Doc. #1 , will be held on Thursday, December 14, 2023 at 3:00 p.m. in Courtroom 14-South of the Thomas F. Eagleton United States Courthouse. IT IS FINALLY ORDERED that, no later than noon on Thursday, December 14, 2023, Plaintiff shall file a written certification to the Court stating whether Plaintiff has provided notice to Defendant of the hearing and whether Defendant has indicated if it will appear. The Memorandum must comply with Federal Rule of Civil Procedure 65(b). Failure to comply with this Order may result in sanctions up to and including the dismissal of this action. ( Hearing on Motion for Temporary Restraining Order set for 12/14/2023 03:00 PM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp.) Signed by District Judge Matthew T. Schelp on 12/13/2023. (KCD)
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| Filing 11 MOTION to Reopen Case by Plaintiff Design Real Estate Solutions, LLC. (Attachments: #1 Supplement proposed amended complaint)(Dotson, Celestine) |
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Filing 10
ORDER OF DISMISSAL: Plaintiff's original Complaint in this action failed to establish the Court's subject matter jurisdiction. See Doc. #6 . The Court entered a Memorandum and Order alerting Plaintiff of this deficiency by explicitly detailing the Complaint's jurisdictional shortcomings. Doc. #7 . The Court warned that the failure to file an amended complaint that established the Court's subject matter jurisdiction would result in the dismissal of this action without prejudice and without further notice. Id. Not only does Plaintiff's Amended Complaint, Doc. #9 , fail to establish the Court's subject matter jurisdiction, it made no attempt to address the specific jurisdictional issues the Court raised. Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without prejudice for want of jurisdiction. Signed by District Judge Matthew T. Schelp on 12/13/2023. (TMT)
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| Filing 9 AMENDED COMPLAINT against defendant Design Real Estate Solutions, LLC , filed by Design Real Estate Solutions, LLC.(Dotson, Celestine) |
| Filing 8 Electronic Notice re: Disclosure Statement to Plaintiff Design Real Estate Solutions, LLC. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (TMT) |
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Filing 7
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, no later than Wednesday, December 13, 2023, Plaintiff shall file an amended complaint that establishes this Court's subject matter jurisdiction. Failure to do so will result in the dismissal of this action without prejudice and without further notice. (Amended/Supplemental Pleadings due by 12/13/2023.) Signed by District Judge Matthew T. Schelp on 12/11/2023. (TMT)
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| Case Opening Notification. Judge Assigned: Honorable Matthew T. Schelp. 1 Waiver(s) of Service issued. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD) |
| Filing 6 COMPLAINT against defendant LIV Funding, LLC with receipt number AMOEDC-10311374, in the amount of $405, Non-Jury Demand, by Plaintiff Design Real Estate Solutions, LLC. (Dotson, Celestine) Modified on 12/11/2023 to add receipt information (JWD). |
| Filing 5 NOTICE Requesting Hearing on TRO by Plaintiff Design Real Estate Solutions, LLC re #1 MOTION for Temporary Restraining Order (Dotson, Celestine) |
| Filing 4 NOTICE of Filing Deficiency re #1 MOTION for Temporary Restraining Order. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Civil Complaint not filed. Notice Requesting Hearing on Motion for TRO not filed. This deficiency must be filed in the case record immediately. (JWD) |
| Filing 3 AMENDED MEMORANDUM in Support of Motion re #1 MOTION for Temporary Restraining Order amended memorandum filed by Plaintiff Design Real Estate Solutions, LLC. (Dotson, Celestine) Modified on 12/7/2023 to retitle event as "Amended"(JWD). |
| Filing 2 WAIVER of Service issued defendant All Plaintiffs. sent to LIV Funding, LLC on 12/07/2023 filed by Design Real Estate Solutions, LLC. Waiver of Service due by 2/7/2024. (Dotson, Celestine) |
| Filing 1 MOTION for Temporary Restraining Order filed by Design Realty Solutions, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit PLT affidavit, #3 Attachment memorandum in support)(Dotson, Celestine) Modified on 12/7/2023 to reflect that document attached is a TRO motion (JWD). (Additional attachment(s) added on 12/7/2023: #4 Original Filing Form) (JWD). |
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