GP3 II, LLC v. Bank Of The West et al
Plaintiff: GP3 II, LLC
Defendant: Litong Capital, LLC and Bank of the West
Case Number: 4:2020cv00424
Filed: June 2, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Beth Phillips
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2020 Filing 53 Joint PROPOSED SCHEDULING ORDER and Discovery Plan by GP3 II, LLC. (Abrams, Michael)
July 28, 2020 Filing 52 SUGGESTIONS in opposition re #40 MOTION to compel arbitration, #41 MOTION to stay re #40 MOTION to compel arbitration filed by Justin Marshall Nichols on behalf of Defendant Bank of the West. Reply suggestions due by 8/11/2020 unless otherwise directed by the court. (Related document(s) #40 , #41 ) (Nichols, Justin)
July 28, 2020 Filing 51 SUGGESTIONS in opposition re #41 MOTION to stay re #40 MOTION to compel arbitration filed by Danielle Twait on behalf of Plaintiff GP3 II, LLC. Reply suggestions due by 8/11/2020 unless otherwise directed by the court. (Related document(s) #41 ) (Twait, Danielle)
July 28, 2020 Filing 50 SUGGESTIONS in opposition re #40 MOTION to compel arbitration filed by Danielle Twait on behalf of Plaintiff GP3 II, LLC. Reply suggestions due by 8/11/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #40 ) (Twait, Danielle)
July 21, 2020 Filing 49 ANSWER to #1 Complaint,, , COUNTERCLAIM against GP3 II, LLC, CROSSCLAIM against Litong Capital, LLC on behalf of Bank of the West. (Attachments: #1 Exhibit 1 - Invoice, #2 Exhibit 2 - Contract, #3 Exhibit 3 - SBLC, #4 Exhibit 4 - Acceptance Letter, #5 Exhibit 5 - Amendment to SBLC, #6 Exhibit 6 - Confirmation Letter, #7 Exhibit 7 - Corrected Invoice, #8 Exhibit 8 - RPA, #9 Exhibit 9 - Assignment, #10 Exhibit 10 - Notice of Assignment, #11 Exhibit 11 - POA, #12 Exhibit 12 - Repurchase Notice, #13 Exhibit 13 - Setoff Notice)(Nichols, Justin)
July 21, 2020 Filing 48 SUGGESTIONS in support re #47 MOTION to join New Mexico Regional Water LLC and Ron Green as Cross-Claim Defendants filed by Justin Marshall Nichols on behalf of Defendant Bank of the West. (Related document(s) #47 ) (Nichols, Justin)
July 21, 2020 Filing 47 MOTION to join New Mexico Regional Water LLC and Ron Green as Cross-Claim Defendants filed by Justin Marshall Nichols on behalf of Bank of the West. Suggestions in opposition/response due by 8/4/2020 unless otherwise directed by the court. (Nichols, Justin)
July 21, 2020 Opinion or Order Filing 46 ORDER granting #45 The Motion to Withdraw Attorney Mark G. Hanchet and Victoria Whitney as attorneys for Defendant Bank of the West, is GRANTED. Signed on 7/21/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
July 20, 2020 Set/Reset Deadlines as to #45 MOTION to withdraw as attorney. Suggestions in opposition/response due by 8/3/2020 unless otherwise directed by the court. (Melvin, Greg)
July 20, 2020 Filing 45 MOTION to withdraw as attorney filed by Justin Marshall Nichols on behalf of Victoria D. Whitney and Mark G. Hanchet on behalf of Bank of the West. Suggestions in opposition/response due by 8/3/2020 unless otherwise directed by the court. (Nichols, Justin) Modified on 7/21/2020: Docket event changed from notice of filing to motion. Docket text modified. NEF regenerated. (Melvin, Greg)
July 16, 2020 Filing 44 NOTICE of appearance by Isaac William Straub on behalf of Bank of the West (Attorney Isaac William Straub added to party Bank of the West(pty:dft))(Straub, Isaac)
July 16, 2020 Filing 43 NOTICE of appearance by Ryan E. Shaw on behalf of Bank of the West (Attorney Ryan E. Shaw added to party Bank of the West(pty:dft))(Shaw, Ryan)
July 16, 2020 Filing 42 NOTICE of appearance by Anna M. Berman on behalf of Bank of the West (Attorney Anna M. Berman added to party Bank of the West(pty:dft))(Berman, Anna)
July 14, 2020 Filing 41 MOTION to stay re #40 MOTION to compel arbitration filed by Christopher G. Addy on behalf of Litong Capital, LLC. Suggestions in opposition/response due by 7/28/2020 unless otherwise directed by the court. (Attachments: # 1 Supplement Proposed Order)(Related document(s) #40 ) (Addy, Christopher) Modified on 7/15/2020 The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. NEF regenerated. (Melvin, Greg)
July 14, 2020 Filing 40 MOTION to compel arbitration filed by Christopher G. Addy on behalf of Litong Capital, LLC. Suggestions in opposition/response due by 7/28/2020 unless otherwise directed by the court. (Attachments: #1 Affidavit Declaration of Mark R. Figueiredo, # 2 Supplement Proposed Order)(Addy, Christopher) Modified on 7/15/2020: The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. NEF regenerated. (Melvin, Greg)
July 1, 2020 Filing 39 RETURN OF SERVICE of complaint executed by GP3 II, LLC. Litong Capital, LLC served on 6/23/2020, answer due 7/14/2020. (Twait, Danielle)
July 1, 2020 NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP)
June 29, 2020 Opinion or Order Filing 38 ORDER. RULE 16 NOTICE. Proposed scheduling order due by 8/13/2020. Rule 26 conference due by 7/30/2020. Signed on 6/29/20 by Chief District Judge Beth Phillips. (Cordell, Annette)
June 24, 2020 Opinion or Order Filing 37 ORDER granting #36 Defendant Bank of the West's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint is GRANTED, up to and including July 21, 2020. Signed on 6/24/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette)
June 24, 2020 Filing 36 Consent MOTION for extension of time to file answer re #1 Complaint,, filed by Justin Marshall Nichols on behalf of Bank of the West. Suggestions in opposition/response due by 7/8/2020 unless otherwise directed by the court. (Related document(s) #1 ) (Nichols, Justin)
June 19, 2020 Filing 35 NOTICE of filing AFFIDAVIT OF OWNERSHIP KCMO084835 $21,000,000.00 by GP3 II, LLC.PER ORDER OF THE COURT #32 . (Kern, Kendra)
June 19, 2020 Opinion or Order Filing 34 ORDER. The Clerk of Court is directed to deposit Plaintiff's bond in an interest-bearing account. Signed on 6/19/20 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna)
June 18, 2020 Filing 33 RETURN OF SERVICE of complaint executed by GP3 II, LLC. Bank of the West served on 6/9/2020, answer due 6/30/2020. (Abrams, Michael)
June 18, 2020 Opinion or Order Filing 32 ORDER Granting Plaintiff's Motion for Temporary Restraining Order. Signed on 6/18/20 by Chief District Judge Beth Phillips. (El-Zein, Anna)
June 16, 2020 Filing 31 ELECTRONIC TRANSCRIPT of Teleconference (Argument on Motion for TRO) held 6/9/2020 before Judge Beth Phillips. Court Reporter: Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. Number of pages: 28. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 6/23/2020 unless otherwise directed by the court. Release of Transcript Restriction set for 9/14/2020. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wirt, Katie)
June 15, 2020 Filing 30 NOTICE of filing (Supplemental Filing in Support of Motion for Temporary Restraining Order) by GP3 II, LLC re #5 MOTION for temporary restraining order (Attachments: #1 Declaration of Scott Alan Parrish, #2 Declaration of Richard Ivan Mueller)(Twait, Danielle)
June 12, 2020 Filing 29 RESPONSE to motion as Sur-Reply in Opposition to Temporary Restraining Order filed by Christopher G. Addy on behalf of Defendant Litong Capital, LLC. Reply suggestions due by 6/26/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Supplemental Declaration of Alice Song)(Addy, Christopher)
June 12, 2020 Filing 28 RESPONSE to order re #27 Order on Motion for TRO, BOTW's Sur-Reply to GP3"s Suggestions in Support of Motion for Temporary Restraining Order filed by Justin Marshall Nichols on behalf of Defendant Bank of the West. (Related document(s) #27 ) (Nichols, Justin)
June 10, 2020 Opinion or Order Filing 27 ORDER granting #5 The Court temporarily grants GP3 II, LLC's motion for a TRO with the intent of filing a more comprehensive ruling within one week of the sur-replies being filed (sur-replies due June 12, 2020). See Order for further details. Signed on 6/10/20 by Chief District Judge Beth Phillips. (Cordell, Annette)
June 9, 2020 Filing 26 Minute Entry. Proceedings held before Chief District Judge Beth Phillips: MOTION HEARING held on 6/9/2020 re #5 : All parties present by telephone and ready for hearing. Court recesses the hearing and will review all documents submitted. Time in court: 2:00 p.m. to 2:40 p.m.. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (McIlvain, Kelly)
June 9, 2020 Filing 25 REPLY SUGGESTIONS to motion re #5 MOTION for temporary restraining order filed by Michael J Abrams on behalf of Plaintiff GP3 II, LLC. (Attachments: #1 Declaration of Danielle Twait, #2 Declaration of Michael Heitmann, #3 Declaration of Scott Alan Parrish, #4 Declaration of Ron Green)(Related document(s) #5 ) (Abrams, Michael)
June 9, 2020 Filing 24 DISCLOSURE OF CORPORATE INTERESTS filed by Justin Marshall Nichols on behalf of Defendant Bank of the West.(Nichols, Justin)
June 9, 2020 Filing 23 SUGGESTIONS in opposition re #5 MOTION for temporary restraining order filed by Justin Marshall Nichols on behalf of Defendant Bank of the West. Reply suggestions due by 6/23/2020 unless otherwise directed by the court. (Attachments: #1 Declaration of R. Parshad, #2 Exhibit 1 - Letter of Credit, #3 Exhibit 2 - Contract, #4 Exhibit 3 - Green Letter, #5 Exhibit 4 - FedEx Receipt, #6 Exhibit 5 - Original Invoice, #7 Exhibit 6 - FedEx Receipt, #8 Exhibit 7 - Accepted Invoice, #9 Exhibit 8 - FedEx Receipt, #10 Exhibit 9 - Green Letter, #11 Exhibit 10 - Parshad Email, #12 Exhibit 11 - JPM Amendment, #13 Exhibit 12 - Letter from A. Song, #14 Exhibit 13 - Receivables Purchase Agreement, #15 Exhibit 14 - Irreovcable POA, #16 Exhibit 15 - Request for JPM Consent, #17 Exhibit 16 - JP Morgan Consent, #18 Exhibit 17 - Litong to GP3 Notice, #19 Exhibit 18 - Pre-Filled FedEx Envelope, #20 Exhibit 19 - Draw Statement, #21 Exhibit 20 - Litong Funding Summary, #22 Exhibit 21 - Demand Letter, #23 Exhibit 22 - Rescind Letter, #24 Exhibit 23 - Reinstated Demand Letter, #25 Exhibit 24 - International Standby Practices)(Related document(s) #5 ) (Nichols, Justin)
June 8, 2020 Opinion or Order Filing 22 ORDER granting #12 motion to appear pro hac vice entered by Clerk of Court. Attorney Mark G. Hanchet for Bank of the West allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
June 8, 2020 Opinion or Order Filing 21 ORDER granting #14 motion to appear pro hac vice entered by Clerk of Court. Attorney Mark R Figueiredo for Litong Capital, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
June 8, 2020 Opinion or Order Filing 20 ORDER granting #15 motion to appear pro hac vice entered by Clerk of Court. Attorney Christopher G. Addy for Litong Capital, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
June 8, 2020 Opinion or Order Filing 19 ORDER granting #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Victoria Whitney for Bank of the West allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
June 8, 2020 Filing 18 NOTICE of appearance by Danielle Twait on behalf of GP3 II, LLC (Attorney Danielle Twait added to party GP3 II, LLC(pty:pla))(Twait, Danielle)
June 8, 2020 Filing 17 SUGGESTIONS in opposition re #5 MOTION for temporary restraining order filed by Jeffrey S Lawrence on behalf of Defendant Litong Capital, LLC. Reply suggestions due by 6/22/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit 1)(Related document(s) #5 ) (Lawrence, Jeffrey)
June 8, 2020 Filing 16 DISCLOSURE OF CORPORATE INTERESTS filed by Jeffrey S Lawrence on behalf of Defendant Litong Capital, LLC.(Lawrence, Jeffrey)
June 8, 2020 Filing 15 Motion to allow Christopher G. Addy to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6887997) filed by Jeffrey S Lawrence on behalf of Litong Capital, LLC. (Lawrence, Jeffrey)
June 8, 2020 Filing 14 Motion to allow Mark R. Figueiredo to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6887985) filed by Jeffrey S Lawrence on behalf of Litong Capital, LLC. (Lawrence, Jeffrey)
June 8, 2020 Filing 13 NOTICE of appearance by Jeffrey S Lawrence on behalf of Litong Capital, LLC (Attorney Jeffrey S Lawrence added to party Litong Capital, LLC(pty:dft))(Lawrence, Jeffrey)
June 8, 2020 Filing 12 Motion to allow Mark G. Hanchet to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6887960) filed by Justin Marshall Nichols on behalf of Bank of the West. (Nichols, Justin)
June 8, 2020 Filing 11 Motion to allow Victoria Whitney to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6887940) filed by Justin Marshall Nichols on behalf of Bank of the West. (Nichols, Justin)
June 8, 2020 Filing 10 NOTICE of appearance by Justin Marshall Nichols on behalf of Bank of the West (Attorney Justin Marshall Nichols added to party Bank of the West(pty:dft))(Nichols, Justin)
June 3, 2020 Filing 9 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. A hearing is set on Plaintiff's Motion for Temporary Restraining Order (Doc 5) by Telephone Conference on 6/9/2020 at 2:00 PM in before Chief District Judge Beth Phillips. Parties shall call in by dialing (877) 336-1839 and enter access code 4259420. (Cordell, Annette)
June 2, 2020 SUMMONS ISSUED as to Bank of the West, Litong Capital, LLC. (Woods, Gloria).
June 2, 2020 Filing 8 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria)
June 2, 2020 Opinion or Order Filing 7 ORDER TRANSFERRING/REASSIGNING CASE. Case randomly reassigned to Chief District Judge Beth Phillips for all further proceedings. District Judge Fernando J. Gaitan, Jr no longer assigned to case Signed on 6/2/2020 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
June 2, 2020 Filing 6 SUGGESTIONS in support re #5 MOTION for temporary restraining order filed by Michael J Abrams on behalf of Plaintiff GP3 II, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #5 ) (Abrams, Michael)
June 2, 2020 Filing 5 MOTION for temporary restraining order filed by Michael J Abrams on behalf of GP3 II, LLC. Suggestions in opposition/response due by 6/16/2020 unless otherwise directed by the court. (Abrams, Michael)
June 2, 2020 Opinion or Order Filing 4 ORDER directing the Clerk of Court to randomly reassign this matter for all further proceedings. Signed on 6/2/20 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
June 2, 2020 Filing 3 DISCLOSURE OF CORPORATE INTERESTS filed by Michael J Abrams on behalf of Plaintiff GP3 II, LLC.(Abrams, Michael)
June 2, 2020 Filing 2 NOTICE of appearance by Michael J Abrams on behalf of GP3 II, LLC (Abrams, Michael)
June 2, 2020 Filing 1 COMPLAINT against All Defendants filed by Michael J Abrams on behalf of GP3 II, LLC. Filing fee $400, receipt number AMOWDC-6880200. Service due by 8/31/2020 unless otherwise directed by the court. (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, #17 Exhibit Q, #18 Civil Cover Sheet)(Abrams, Michael)

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Search for this case: GP3 II, LLC v. Bank Of The West et al
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Defendant: Litong Capital, LLC
Represented By: Jeffrey S Lawrence
Represented By: Christopher G. Addy
Represented By: Mark R Figueiredo
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Defendant: Bank of the West
Represented By: Mark G. Hanchet
Represented By: Ryan E. Shaw
Represented By: Anna M. Berman
Represented By: Justin Marshall Nichols
Represented By: Isaac William Straub
Represented By: Victoria Whitney
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Plaintiff: GP3 II, LLC
Represented By: Michael J Abrams
Represented By: Danielle Twait
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