Commission Receivables Fund 1, LLC v. McIlwain et al
| Commission Receivables Fund 1, LLC |
| Tommie E. McIlwain, Sr. and Seniors Choice Insurance Group |
| 8:2011cv00131 |
| April 11, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| None |
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The following documents for this case are available for you to view or download:
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Filing
61
ORDER AND JUDGMENT - Judgment is entered in favor of the plaintiff and against defendant Seniors Choice Insurance Group, Inc. in the amount of One Hundred Eighty-Five Thousand, Three Hundred Thirty-Two Dollars ($185,332.00), together with int erest at the legal rate accruing from this date. The Clerk of Court is directed to shall mail a copy of this order to Seniors Choice Insurance Group, Inc., 1716 E. Ozark Ave., Gastonia, North Carolina 28054 and Tommie E. McIlwain, Sr., 2300 Shady Pine Court, Gastonia, North Carolina 28054. Ordered by Judge Joseph F. Bataillon. (Copies mailed as directed)(GJG)
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Filing
58
MEMORANDUM AND ORDER - The report and recommendation, Filing No. 57 , is adopted in its entirety. The court hereby withdraws its reference to bankruptcy. The case will proceed against defendant Seniors Choice Insurance Group, Inc. The case is stayed as to Tommie E. McIlwain, Sr., until the automatic stay is no longer in effect or until relief from the automatic stay is requested and obtained from the bankruptcy court. Any motions pending at the time this case was referred to the bankruptcy court may be reasserted within ten days of the date of this order, if the parties so choose. Any responses may likewise be asserted within seven days thereafter. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
56
ORDER that pursuant to NEGenR 1.5(a)(1) and 28 U.S.C. § 157, this case is referred to the United States Bankruptcy Court for the District of Nebraska. This case shall be terminated for statistical purposes by the Clerk of the Court for the District of Nebraska. The Clerk of the Court for the District of Nebraska shall deliver the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
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Filing
54
ORDER - The plaintiff shall have until on or before February 16, 2012, to file a response to the defendants' motion to dismiss (Filing No. 28 ) or a motion for sanctions consistent with the court's November 23, 2011, order. The Clerk of Court shall mail a copy of this order to the defendants Senior Choice Insurance Group, Inc. and Tommie E. McIlwain, Sr. Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed)(GJG)
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Filing
47
ORDER regarding Order 39 . - This matter is before the court sua sponte. The court found good cause existed to allow moving counsel to withdraw. The defendants had consented to such withdrawal. The individual defendant, Tommie E. McIlwain, Sr. is pr oceeding pro se. The corporate defendant, Senior Choice Insurance Group, Inc., had an opportunity to obtain substitute counsel or show cause why entry of default should not be filed. Senior Choice Insurance Group, Inc. failed to respond this court� 39;s order or obtain substitute counsel. Accordingly, the Clerk of Court shall enter default against Senior Choice Insurance Group, Inc. The entry of default may be set aside, upon written motion, if substitute counsel enters a written appearance on behalf of such defendant prior to entry of default judgment. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party at both addresses)(JAB)
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Filing
39
ORDER - 1. Robert W. Mullin, Brittney J. Krause, and the law firm of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O.'s motion for leave to withdraw as counsel for the defendants (Filing No. 34 ) is granted. 2. Senior Choice Insur ance Group, Inc. shall have until on or before November 10, 2011, to obtain substitute counsel or show cause why entry of default should not be filed. If no response is received or if substitute counsel has entered an appearance by that date, the cou rt may enter an order striking Senior Choice Insurance Group, Inc.'s answer and directing the Clerk of Court to enter default. 3. Tommie E. McIlwain, Sr. will now be considered proceeding pro se. Counsel for the plaintiff may communicate with Mr . McIlwain directly regarding this case. 4. The plaintiff's "Resistance" (Filing No. 36 ) is overruled as stated herein. 5. Moving counsel shall immediately serve a copy of this order on the defendants and file a certificate of service for such service. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
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Filing
27
ORDER - The defendants requested leave to file an amended motion to dismiss and there was no objection by the plaintiff. The amended motion to dismiss shall be filed by September 6, 2011. The plaintiff requested leave to take a deposition prior to fi ling a response to the amended motion to dismiss. There was no objection to the request. Accordingly, the plaintiff shall have until October 21, 2011, to respond to the amended motion to dismiss, which time will include any time to take the requeste d deposition. The defendants shall have ten working days thereafter to file any reply. Five working days following the court's ruling on the defendants' amended motion to dismiss, the plaintiff's counsel shall initiate a telephone planning conference with the court and all counsel of record in order to progress the case to trial. (Deadlines/Hearings terminated.) Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
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Filing
23
MEMORANDUM AND ORDER adopting Findings and Recommendation 16 in its entirety. The plaintiff's Motion to Remand, Filing No. 7 , is denied. Ordered by Chief Judge Joseph F. Bataillon. (JAB)
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