Washington v. Goettsche
| Kevin Washington |
| Matthew Brent Goettsche |
| 2:2020cv00002 |
| January 7, 2020 |
| US District Court for the District of Montana |
| Kathleen L DeSoto |
| Brian Morris |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 45 Brief/Memorandum in Support re #44 MOTION Allow Receiver Sell Assets filed by Kevin Washington. (Attachments: #1 Exhibit Colorado Detention Order, #2 Exhibit New Jersey Detention Order) (McLean, Kris) |
| Filing 44 MOTION Allow Receiver Sell Assets Kris McLean appearing for Plaintiff Kevin Washington Motions referred to Kathleen L. DeSoto. (McLean, Kris) |
Filing 43
ORDER STAYING CASE until April 22, 2020, and setting Telephonic Status Conference for 4/23/2020 at 02:00 PM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 3/3/2020. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM-KLD (APP)
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| Filing 42 STIPULATION by Kevin Washington. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM-KLD (McLean, Kris) Modified on 3/3/2020 to change event to "stipulated motion". (SLR). |
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Filing 41
ORDER: IT IS ORDERED: 1) Cause No. CV-20-02-BU-BMM-KLD remains assigned to the Honorable Brian Morris, United States District Judge, for all further proceedings and entry of judgment; 2) Pursuant to 28 U.S.C. 636(b)(1)(B), Cause No. CV-20-02-BU-BMM-KLD is referred to the Honorable Kathleen L. Desoto, United States Magistrate Judge, who will conduct all necessary hearings and submit to the undersigned proposed findings of fact and recommendations for the disposition of all motions excepted from the Magistrate Judge's jurisdiction by 28 U.S.C. 636(b)(1)(A); 3) Cause No. CV-20-03-BU-BMM remains assigned to the Honorable Brian Morris, United States District Judge, for all further proceedings and entry of judgment; 4) Pursuant to 28 U.S.C. 636(b)(1)(B), Cause No. CV-20-03-BU-BMM is referred to the Honorable Kathleen L. Desoto, United States Magistrate Judge, who will conduct all necessary hearings and submit to the undersigned proposed findings of fact and recommendations for the disposition of all motions excepted from the Magistrate Judge's jurisdiction by 28 U.S.C. 636(b)(1)(A). Signed by Judge Brian Morris on 2/27/2020. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (SLR)
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| Filing 40 RESPONSE to Motion re #36 MOTION to Stay filed by Kevin Washington. (Attachments: #1 Exhibit District of N.J Detention Order, #2 Exhibit District of Colo. Detention Order) (McLean, Kris) |
| Filing 39 NOTICE of Appearance by Tyson A. McLean on behalf of FX Solutions, Inc. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (McLean, Tyson) |
| Filing 38 Notice of Correction: re (37 in 2:20-cv-00002-BMM-KLD, 14 in 2:20-cv-00003-BMM) Brief/Memorandum in Support, (13 in 2:20-cv-00003-BMM, 36 in 2:20-cv-00002-BMM-KLD) MOTION to Stay . The filing error relates to: Signature and Login Do not Match. See the attached document for a brief description of the error made. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (SLR) |
| Filing 37 Brief/Memorandum in Support re (13 in 2:20-cv-00003-BMM) MOTION to Stay filed by Matthew Brent Goettsche. (Attachments: #1 Exhibit Exhibit A) Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (Brooke, Nicholas) |
| Filing 36 MOTION to Stay Nicholas Kirby Brooke appearing for Defendant Matthew Brent Goettsche Motions referred to Kathleen L. DeSoto. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (Brooke, Nicholas) |
| Filing 35 NOTICE by Kevin Washington (McLean, Kris) |
| Filing 34 NOTICE by Matthew Brent Goettsche (Brooke, Nicholas) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Kevin Washington. Matthew Brent Goettsche waiver sent on 1/13/2020, answer due 3/13/2020. (McLean, Kris) |
| Filing 32 AFFIDAVIT of Service for Complaint served on Matthew Brent Goettsche on 1/14/2020, filed by Kevin Washington. (McLean, Kris) |
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Filing 31
ORDER APPROVING LOAN AGREEMENT regarding #30 Motion in case 2:20-cv-00002-BMM-KLD. Signed by Judge Brian Morris on 1/22/2020. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (MMS)
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| Filing 30 MOTION approve loan agreement Kris McLean appearing for Plaintiff Kevin Washington Motions referred to Kathleen L. DeSoto. (Attachments: #1 Exhibit loan agreement with receiver) (McLean, Kris) |
| Filing 29 STIPULATION by Kevin Washington. (McLean, Tyson) |
| Filing 28 STATEMENT Oath of Receivership by Jeremiah C. Lynch. (McLean, Tyson) |
| Filing 27 TRANSCRIPT of Motion Hearing held on 01/10/2020 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 2/7/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/16/2020. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (YMH) |
| Filing 26 STATE COURT COMPLAINT against Matthew Brent Goettsche, filed by Kevin Washington. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (APP) |
| Filing 25 STATE COURT PLEADINGS (Attachments: #1 State Court Motion, #2 State Court Brief, #3 State Court Order, #4 State Court Certificate of Service, #5 State Court Certificate of Notice, #6 State Court Notice of Rremoval) Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (APP) |
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Filing 24
ORDER: IT IS HEREBY ORDERED that the Motion to Consolidate is GRANTED. Case Number CV-20-03-BU-SEH is hereby REASSIGNED to the undersigned and will henceforth be numbered CV-20-03-BU-BMM. Pursuant to Section 8(h) of the Guide for Filing in the District of Montana, all documents shall be e-filed in the LEAD CASE (CV-20-02-BU-BMM-KLD) and spread to the MEMBER CASE (CV-20-03-BU-BMM) unless otherwise ordered. When prompted to spread, users should answer "yes". Users may contact the Clerk's Office for assistance in filing documents. Cases in case 2:20-cv-00002-BMM-KLD. Signed by Judge Brian Morris on 1/14/2020. Associated Cases: 2:20-cv-00002-BMM-KLD, 2:20-cv-00003-BMM (SLR)
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| Filing 23 TRANSCRIPT DESIGNATION ORDER FORM for proceedings held on 1/10/20 before Judge Brain Morris. Court reporter Yvette Heinze. Transcript due by 1/17/2020. (ASG) Modified on 1/14/2020 to correct due date. (ASG). |
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Filing 22
ORDER regarding #5 Motion to Appoint Receiver. Jeremiah C. Lynch appointed. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 1/13/2020. (MMS) (Additional attachment(s) added on 1/13/2020: #1 Unredacted Order) (MMS). Modified on 1/13/2020 to reflect pursuant to chambers the Order containing personal identifiers which was not redacted has been attached to this order under seal. (MMS).
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| Filing 21 REPLY to Response to Motion re #5 Emergency MOTION to Appoint Receiver and Request for Hearing filed by Kevin Washington. (McLean, Kris) |
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Filing 20
TEXT ORDER: Plaintiff submitted its Motion to Appoint Receiver on January 8, 2020. The Court held a hearing on the motion on January 10, 2020. At that hearing, the Court informed the parties that it would issue its order on January 13, 2020. Defendant filed his proposed order on Sunday, January 12, 2020. The Court will consider a Reply brief from Plaintiff in response to Defendants proposed order. At the same time, the Court will adhere to the schedule it discussed at the January 10, 2020 hearing and issue its order on the Motion to Appoint a Receiver at 5:00PM, January 13, 2020. Signed by Judge Brian Morris on 1/13/2020. (SLL)
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| Filing 19 Unopposed MOTION to Consolidate Cases Nicholas Kirby Brooke appearing for Defendant Matthew Brent Goettsche Motions referred to Kathleen L. DeSoto. (Attachments: #1 Text of Proposed Order PO Consolidate) (Brooke, Nicholas) |
| Filing 18 Lodged Sealed Document re: #14 Unopposed MOTION for Leave to File Under Seal Exhibits to Defendant's Response to Plaintiff's Motion for Receiver filed by Matthew Brent Goettsche Exhibit D. (Smith, John) |
| Filing 17 Lodged Sealed Document re: #14 Unopposed MOTION for Leave to File Under Seal Exhibits to Defendant's Response to Plaintiff's Motion for Receiver filed by Matthew Brent Goettsche Exhibit C. (Smith, John) |
| Filing 16 Lodged Sealed Document re: #14 Unopposed MOTION for Leave to File Under Seal Exhibits to Defendant's Response to Plaintiff's Motion for Receiver filed by Matthew Brent Goettsche Exhibit B. (Smith, John) |
| Filing 15 Lodged Sealed Document re: #14 Unopposed MOTION for Leave to File Under Seal Exhibits to Defendant's Response to Plaintiff's Motion for Receiver filed by Matthew Brent Goettsche Exhibit A. (Smith, John) |
| Filing 14 Unopposed MOTION for Leave to File Under Seal Exhibits to Defendant's Response to Plaintiff's Motion for Receiver John E. Smith appearing for Defendant Matthew Brent Goettsche Motions referred to Kathleen L. DeSoto. (Attachments: #1 Text of Proposed Order) (Smith, John) |
| Filing 13 RESPONSE to Motion re #5 Emergency MOTION to Appoint Receiver and Request for Hearing filed by Matthew Brent Goettsche. (Smith, John) |
| Filing 12 MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held 1/10/2020: Counsel Kris McLean and Tyson McLean appearing on behalf of Plaintiff; and, Counsel John Smith appearing on behalf of Defendant. This hearing is with regard to the Plaintiffs #5 Emergency Motion to Appoint Receiver and Defendants #8 Motion to Arbitrate. Court would prefer that the other case, CV-20-03-BU-SEH, FX Solutions, Inc. v. Goettsche, be consolidated with this case. Court begins with the Motion to Appoint Receiver. Plaintiff calls Witnesses, all sworn and examined. Plaintiffs Exhibits 1 and 2 admitted. Court next turns to Defendants #8 Motion to Arbitrate. Parties w/argument. Parties w/argument on Motion to Appoint Receiver. Court will allow Defendant to submit their proposed Receiver Order to the Court by next Monday. Matter is submitted. Court will attempt to issue an Order by Monday. Court asks parties to file a Motion to consolidate the two cases and to provide notice to Judge Haddon that a request to consolidate has been made before Judge Morris. Recess. Hearing commenced at 11:07 a.m. and concluded at 1:50 p.m.. (Court Reporter Y. Heinze.) (Plaintiff Witnesses Sworn and Examined: Richard Tabish, Jeffrey Papen, J. Richard Orizotti), (Plaintiff Exhibits Admitted: 1, 2), (Law Clerk: C. Kroshus), (Hearing held in Charles Pray Courtroom, Great Falls, MT) (SLR) |
| Filing 11 NOTICE by Kevin Washington List of Witnesses and Testimony for Receivership Hearing (McLean, Kris) |
| Filing 10 RESPONSE to Motion re #8 MOTION to Arbitrate filed by Kevin Washington. (McLean, Kris) |
| Filing 9 Brief/Memorandum in Support re #8 MOTION to Arbitrate filed by Matthew Brent Goettsche. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C) (Brooke, Nicholas) |
| Filing 8 MOTION to Arbitrate Nicholas Kirby Brooke appearing for Defendant Matthew Brent Goettsche Motions referred to Kathleen L. DeSoto. (Brooke, Nicholas) |
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Filing 7
ORDER Setting Hearing on Motion #5 Emergency MOTION to Appoint Receiver and Request for Hearing : Motion Hearing set for 1/10/2020 at 11:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 1/9/2020. (MMS)
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| Filing 6 Brief/Memorandum in Support re #5 Emergency MOTION to Appoint Receiver and Request for Hearing filed by Kevin Washington. (Attachments: #1 Affidavit Tabish Affidavit) (McLean, Tyson) |
| Filing 5 Emergency MOTION to Appoint Receiver and Request for Hearing Tyson A. McLean appearing for Plaintiff Kevin Washington Motions referred to Kathleen L. DeSoto. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Bitcoin Protocol) (McLean, Tyson) |
| Filing 4 NOTICE of Appearance by Tyson A. McLean on behalf of Kevin Washington (McLean, Tyson) |
| Filing 3 Electronic Mailing of Consent: Judge DeSoto as Presiding Judge. Mailed to counsel John E. Smith, Nicholas Kirby Brooke, Kris McLean. Consent/Objection to USMJ Form due by 1/27/2020. (APP) |
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Filing 2
PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 3/31/2020. Joint Discovery Plan due by 3/31/2020. Statement of Stipulated Facts due by 3/31/2020. Pretrial Conference set for 4/7/2020 at 11:00 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 1/7/2020. (SMD)
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| Filing 1 NOTICE OF REMOVAL by Matthew Brent Goettsche from Montana Second Judicial District Court, Silver Bow County, case number DV-19-435. (Attachments: #1 Exhibit State Court Documents, #2 Exhibit State Court Motion and Brief, #3 Civil Cover Sheet) (TAG) |
| Filing fee: $ 400, receipt number 0977-2423780 (TAG) |
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| Plaintiff: Kevin Washington | |
| Represented By: | Kris McLean |
| Represented By: | Tyson A. McLean |
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| Defendant: Matthew Brent Goettsche | |
| Represented By: | Nicholas Kirby Brooke |
| Represented By: | John E. Smith |
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