Orion Property Group, LLC v. Hjelle
Orion Property Group, LLC |
Mark Hjelle |
2:2019cv00044 |
January 3, 2019 |
US District Court for the Eastern District of New York |
Gary R Brown |
Joanna Seybert |
Racketeer/Corrupt Organization |
18 U.S.C. § 1961 Racketeering (RICO) Act |
Plaintiff |
Docket Report
This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.
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Filing 51 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
Filing 50 Case transferred in from District of Kansas; Case Number 2:17-cv-02738. Original file certified copy of transfer order and docket sheet received. |
The case of Orion Property Group, LLC v. Hjelle, has been transferred from U.S. District Court, District of Kansas to the Eastern District of New York. The new case number is 19-cv-00044-JS-GRB. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Cox, Dwayne) |
Filing 49 ORDER sustaining #47 Motion to Transfer Case to the Eastern District of New York. Signed by District Judge Kathryn H. Vratil on 1/2/2019. (ydm) [Transferred from Kansas on 1/3/2019.] |
Filing 48 RESPONSE to #46 Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction, by Defendant Mark Hjelle. (Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
Filing 47 Unopposed MOTION to Transfer Case to the Eastern District of New York by Plaintiff Orion Property Group, LLC. (Hudson, Ryan) [Transferred from Kansas on 1/3/2019.] |
Filing 46 MEMORANDUM AND ORDER sustaining in part Defendant Mark Hjelle's #18 Motion to Dismiss Plaintiff's First Amended Class Action Complaint, and finds that it lacks personal jurisdiction over Mark Hjelle. Further, on or before December 28, 2018, each party shall file a brief addressing whether transfer is in the interests of justice under Section 1631 and if so, whether the proposed transferee court would have personal jurisdiction over the parties. On or beforeJanuary 5, 2019, each party may file a response brief. The parties' briefs shall not exceed five pages in length and shall not incorporate by reference arguments, facts or authority that are asserted in other documents. Signed by District Judge Kathryn H. Vratil on 12/13/2018. (mg) [Transferred from Kansas on 1/3/2019.] |
Filing 45 CERTIFICATE OF SERVICE of Documents Identified in Rule 26 Initial Disclosures by Orion Property Group, LLC (Hudson, Ryan) [Transferred from Kansas on 1/3/2019.] |
Filing 44 NOTICE OF SERVICE by Mark Hjelle of Initial Disclosure Documents (Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
Filing 43 PROTECTIVE ORDER OF CONFIDENTIALITY. Signed by Magistrate Judge Gwynne E. Birzer on 9/27/18. (rel) [Transferred from Kansas on 1/3/2019.] |
Filing 42 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 9/25/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) [Transferred from Kansas on 1/3/2019.] |
Filing 41 CERTIFICATE OF SERVICE of Certificate of Service of Plaintiff's Initial Rule 26 Disclosures by Orion Property Group, LLC. (Hudson, Ryan) [Transferred from Kansas on 1/3/2019.] |
Filing 40 ORDER SETTING STATUS CONFERENCE: Status Conference set for 9/25/2018 at 11:00 AM by Telephone before Magistrate Judge Gwynne E. Birzer. All participants must call the CONFERENCE LINE at 1-888-363-4749, using ACCESS CODE 9686294. Signed by Magistrate Judge Gwynne E. Birzer on 9/19/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(rel) [Transferred from Kansas on 1/3/2019.] |
Filing 39 MOTION for Protective Order by Defendant Mark Hjelle (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
Filing 38 REPLY to #37 Notice of Supplemental Authority, by Defendant Mark Hjelle. (Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
Filing 37 NOTICE OF SUPPLEMENTAL AUTHORITY by Orion Property Group, LLC re: MOTION to Dismiss Plaintiff's First Amended Class Action Complaint MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim #18 filed by Defendant Mark Hjelle (Hudson, Ryan) [Transferred from Kansas on 1/3/2019.] |
Filing 36 PHASE I DISCOVERY AND SCHEDULING ORDER: The parties must exchange Rule 26(a)(1) initial disclosures by 9/19/18; parties must exchange the documents identified in their initial disclosures by 11/9/18. The parties agreed to a rolling production of a sampling of lease agreements beginning 8/31/18. Promptly following a decision on the pending motion to dismiss (ECF No. 18), if the case proceeds, the undersigned will set this matter for a status or scheduling conference to discuss the setting of remaining deadlines. SEE ORDER FOR ADDITIONAL DETAILS. Signed by Magistrate Judge Gwynne E. Birzer on 8/20/18. (adc) [Transferred from Kansas on 1/3/2019.] |
Filing 35 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 8/15/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (adc) [Transferred from Kansas on 1/3/2019.] |
Filing 34 NOTICE of RESCHEDULED Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Status Conference RESET for 8/15/2018 at 01:30 PM by Telephone before Magistrate Judge Gwynne E. Birzer. Participants must call the CONFERENCE LINE 1-888-363-4749, using ACCESS CODE 9686294.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) [Transferred from Kansas on 1/3/2019.] |
Filing 33 ORDER RESCHEDULING STATUS CONFERENCE: The status conference set for 8/3/18 at 11:00 AM is CANCELLED and RESCHEDULED for 8/10/2018 at 09:30 AM before Magistrate Judge Gwynne E. Birzer, to occur by telephone. To participate, please call CONFERENCE LINE 1-888-363-4749 and enter ACCESS CODE 9686294. Signed by Magistrate Judge Gwynne E. Birzer on 7/6/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(rel) [Transferred from Kansas on 1/3/2019.] |
Filing 32 ORDER SETTING STATUS CONFERENCE: Status Conference set for 8/3/2018 at 11:00 AM before Magistrate Judge Gwynne E. Birzer. To participate, counsel should call 1-888-363-4749 and enter ACCESS CODE 9686294. Signed by Magistrate Judge Gwynne E. Birzer on 7/5/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(rel) [Transferred from Kansas on 1/3/2019.] |
Filing 31 NOTICE OF CANCELLED HEARING: The status conference set for 7/11/18 at 10:00 AM is cancelled and will be rescheduled for 8/3/18 at 11:00 AM. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) [Transferred from Kansas on 1/3/2019.] |
Filing 30 AMENDED REPLY TO RESPONSE TO MOTION by Defendant Mark Hjelle re: #18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim (Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
Filing 29 REPLY TO RESPONSE TO MOTION by Defendant Mark Hjelle re: #18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim (Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
Filing 28 ORDER SETTING STATUS CONFERENCE: Status Conference set for 7/11/2018 at 10:00 AM in Telephone GEB - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 9686294 before Magistrate Judge Gwynne E. Birzer. Signed by Magistrate Judge Gwynne E. Birzer on 6/22/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(rel) [Transferred from Kansas on 1/3/2019.] |
Reset Deadlines as to #18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim per 27 Order granting extension of time. Reply deadline 6/27/2018(hw) [Transferred from Kansas on 1/3/2019.] |
Filing 27 ORDER sustaining #26 Motion for Extension of Time to File Reply re #18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint. Reply deadline 6/27/2018. Signed by District Judge Kathryn H. Vratil on 6/15/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ag) [Transferred from Kansas on 1/3/2019.] |
Filing 26 Unopposed MOTION for Extension of Time to File Reply as to #18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim by Defendant Mark Hjelle (Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
MOTION REFERRAL to Magistrate Judge REMOVED as to: #26 Unopposed MOTION for Extension of Time to File Reply as to #18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim . The motion will be resolved by the District Judge.(rel) [Transferred from Kansas on 1/3/2019.] |
Filing 25 DOCKET ANNOTATION: A corrected version of document #24 Response to Motion has been added to the entry and is attached to this annotation for noticing purposes ONLY. (tvn) [Transferred from Kansas on 1/3/2019.] |
Filing 24 RESPONSE by Plaintiff Orion Property Group, LLC re #18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim (Attachments: #1 Exhibit List, #2 Exhibit A - Napovanice Decl., #3 Exhibit A-1 - Fraud Letter, #4 Exhibit A-2 - Monthly Invoice, #5 Exhibit B - Hudson Decl., #6 Exhibit B-1 - Transparency Website)(Hudson, Ryan) (The corrected version of the Response was added on 6/5/2018: #7 Response) (tvn). Modified on 9/18/2018 to change docket text per Chambers (tvn). [Transferred from Kansas on 1/3/2019.] |
Filing 23 ORDER sustaining #22 Motion for Leave to File Excess Pages. The arguments and authorities section of plaintiff's opposition to #18 Defendant's Motion to Dismiss shall not exceed 40 pages. Signed by District Judge Kathryn H. Vratil on 6/4/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ag) [Transferred from Kansas on 1/3/2019.] |
Filing 22 Unopposed MOTION for Leave to File Excess Pages by Plaintiff Orion Property Group, LLC (Hudson, Ryan) [Transferred from Kansas on 1/3/2019.] |
MOTION REFERRAL to Magistrate Judge REMOVED as to: #22 Unopposed MOTION for Leave to File Excess Pages . The motion will be resolved by the District Judge.(rel) [Transferred from Kansas on 1/3/2019.] |
Filing 21 ORDER granting #20 Motion to Appear Pro Hac Vice of Christopher C. Gold for Orion Property Group, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 5/22/18. (rel) [Transferred from Kansas on 1/3/2019.] |
Filing 20 MOTION for attorney Christopher C. Gold to appear pro hac vice(Pro hac vice $50.00, Internet Payment Receipt Number AKSDC-4485465) by Plaintiff Orion Property Group, LLC (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit, #2 ECF Registration Form)(hw) [Transferred from Kansas on 1/3/2019.] |
Filing 19 MEMORANDUM IN SUPPORT of #18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim by Defendant Mark Hjelle(Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
Filing 18 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint, MOTION to Dismiss for Lack of Jurisdiction and/or for Failure to State a RICO Claim ( Response deadline 6/5/2018) by Defendant Mark Hjelle (Williams, Paul) [Transferred from Kansas on 1/3/2019.] |
Filing 17 CLERKS ORDER EXTENDING TIME until 5/15/2018 for Defendant Mark Hjelle to answer or otherwise plead. Signed by deputy clerk on 4/23/2018. (sw) [Transferred from Kansas on 1/3/2019.] |
Filing 16 ENTRY OF APPEARANCE by Paul A. Williams, Robert J. McCully, and Kelly H. Foos on behalf of Mark Hjelle. (Williams, Paul) Modified 4/20/18 to add additional attorney names. (kao) [Transferred from Kansas on 1/3/2019.] |
Filing 15 ORDER granting #14 Motion to Appear Pro Hac Vice of Rachel L. Jensen for Orion Property Group, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 4/6/18. (rel) [Transferred from Kansas on 1/3/2019.] |
Filing 14 MOTION for attorney Rachel L. Jensen to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4446845.) by Plaintiff Orion Property Group, LLC (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit of Rachel Jensen, #2 ECF Registration Form for Rachel Jensen)(Sharp, Rex) [Transferred from Kansas on 1/3/2019.] |
Filing 13 ENTRY OF APPEARANCE by Larkin E. Walsh on behalf of Orion Property Group, LLC. (Walsh, Larkin) [Transferred from Kansas on 1/3/2019.] |
Filing 12 ENTRY OF APPEARANCE by Scott B. Goodger on behalf of Orion Property Group, LLC. (Goodger, Scott) [Transferred from Kansas on 1/3/2019.] |
Filing 11 ENTRY OF APPEARANCE by Barbara C. Frankland on behalf of Orion Property Group, LLC. (Frankland, Barbara) [Transferred from Kansas on 1/3/2019.] |
Filing 10 ORDER granting #7 Motion to Appear Pro Hac Vice of Paul J. Geller for Orion Property Group, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 3/16/18. (rel) [Transferred from Kansas on 1/3/2019.] |
Filing 9 ORDER granting #6 Motion to Appear Pro Hac Vice of Stuart A. Davidson for Orion Property Group, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 3/16/18. (rel) [Transferred from Kansas on 1/3/2019.] |
Filing 8 ELECTRONIC FILING REGISTRATION FORM of Stuart A. Davidson re motion for leave to appear pro hac vice #6 by Plaintiff Orion Property Group, LLC(Sharp, Rex) [Transferred from Kansas on 1/3/2019.] |
Filing 7 MOTION for attorney Paul J. Geller to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4429486.) by Plaintiff Orion Property Group, LLC (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit In Support of PHV Motion, #2 ECF Registration Form)(Sharp, Rex) [Transferred from Kansas on 1/3/2019.] |
Filing 6 MOTION for attorney Stuart A. Davidson to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4429459.) by Plaintiff Orion Property Group, LLC (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit in Support of PHV Motion)(Sharp, Rex) [Transferred from Kansas on 1/3/2019.] |
Filing 5 WAIVER OF SERVICE Returned Executed by Orion Property Group, LLC. Mark Hjelle waiver sent on 3/5/2018, answer due 5/4/2018. (Sharp, Rex) [Transferred from Kansas on 1/3/2019.] |
Filing 4 AMENDED COMPLAINT against Mark Hjelle, filed by Orion Property Group, LLC.(Sharp, Rex) [Transferred from Kansas on 1/3/2019.] |
SUMMONS ISSUED as to Mark Hjelle. (Issued to Attorney for service.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sw) [Transferred from Kansas on 1/3/2019.] |
Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Orion Property Group, LLC - trial to be held in Kansas City. (Hudson, Ryan) [Transferred from Kansas on 1/3/2019.] |
Filing 2 CIVIL COVER SHEET by Plaintiff Orion Property Group, LLC. (Hudson, Ryan) [Transferred from Kansas on 1/3/2019.] |
Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4367887.), filed by Orion Property Group, LLC.(Hudson, Ryan) [Transferred from Kansas on 1/3/2019.] |
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sw) [Transferred from Kansas on 1/3/2019.] |
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