Franklin Capital Funding, LLC v. Level 3 Homes & Design, LLC et al
| Franklin Capital Funding, LLC |
| Ryan Donato, Jeremy Killian, Level 3, LLC, Heirloom, Inc., Level 3 Homes & Design, LLC and Heirloom Inc. |
| 3:2019cv01928 |
| November 27, 2019 |
| US District Court for the District of Oregon |
| Marco A Hernandez |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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Filing 31
STIPULATED ORDER OF DISMISSAL. Signed on 7/19/2020 by Judge Marco A. Hernandez. (jp)
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| Filing 30 Stipulated Proposed Form of Order Submitted Stipulated Order of Dismissal Without Prejudice and Without Costs. Filed by Franklin Capital Funding, LLC. (Levine, Howard) |
| Filing 29 Notice of Dismissal of Defendants' Counterclaims [Dkt. No. 10]. Filed by Ryan Donato, Heirloom Inc., Jeremy Killian, Level 3 Homes & Design, LLC, Level 3, LLC. (Henderson, Nicholas) Modified on 7/2/2020 to clarify entry per PDF (jtj). |
| Filing 27 Notice of Appearance of Jesse Stewart appearing on behalf of Franklin Capital Funding, LLC Filed by on behalf of Franklin Capital Funding, LLC. (Stewart, Jesse) |
| Filing 28 MINUTES of Proceedings: Rule 16 Telephone Conference held. The Court set the following case schedule: Add Parties/Amend Complaint by 7/13/2020. Discovery is to be completed by 11/30/2020. Dispositive Motions are due by 12/28/2020. Oral Argument is set for 3/8/2021 at 10:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Joint ADR Report is due 30 days after resolution of dispositive motions. Pretrial Order is due 60 days after resolution of dispositive motions. Initial Expert Disclosures are due 1/15/2021. Expert Discovery to be completed by 4/19/2021. Pretrial Conference is set for 6/28/2021 at 10:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. 4-day Jury Trial is set for 7/13/2021 at 09:00AM in Portland Courtroom 15A before Judge Marco A. Hernandez. Howard M. Levine present as counsel for plaintiff(s). Nicholas J. Henderson present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) |
| Filing 26 Supplemental Joint Status Report . Filed by Ryan Donato, Heirloom Inc., Jeremy Killian, Level 3 Homes & Design, LLC, Level 3, LLC. (Henderson, Nicholas) |
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Filing 25
Scheduling Order by Judge Marco A. Hernandez. A Scheduling Telephone Conference is set for 5/28/2020 at 02:00PM before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp)
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Filing 24
Order Lifting Stay. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 23 Status Report and Request to Reinstate Case by Franklin Capital Funding, LLC. Filed by Franklin Capital Funding, LLC. (Levine, Howard) |
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Filing 22
ORDER: The Court is in receipt of the parties' Joint Status Report #21 detailing that the bankruptcy proceedings are still pending and the parties are currently engaged in settlement negotiations. The parties shall file a Joint Status Report by 6/9/2020, or earlier if the bankruptcy proceedings are complete. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 21 Joint Status Report . Filed by Franklin Capital Funding, LLC. (Levine, Howard) |
| Filing 20 Notice of Attorney Withdrawal: Kristen G. Hilton Filed by Franklin Capital Funding, LLC. (Hilton, Kristen) |
| Filing 19 MINUTES of Proceedings: Telephone Status Conference held. ORDER: The case is stayed pending bankruptcy proceedings. The parties shall file a Joint Status Report by 4/10/2020, or earlier if the bankruptcy proceedings are complete. Kristen G. Hilton present as counsel for plaintiff(s). Nicholas J. Henderson present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) Modified on 2/19/2020 (jp). |
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Filing 18
Scheduling Order by Judge Marco A. Hernandez. A Telephone Status Conference is set for 2/11/2020 at 03:00PM before Judge Marco A. Hernandez. The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. In light of Defendants Level 3 Homes & Design, LLC and Heirloom, Inc.s Notice of Bankruptcy #16 , the Court directs the parties to submit (via email to the Courtroom Deputy) their respective positions on whether the Court is required to stay this entire proceeding or only as to Defendants Level 3 Homes & Design, LLC and Heirloom, Inc. Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 17 Unopposed Motion for Extension of Time to Respond to Counterclaims. Filed by Franklin Capital Funding, LLC. (Hilton, Kristen) |
| Filing 16 Notice of Bankruptcy for Level 3 Homes & Design, LLC and Heirloom, Inc. Filed by Heirloom Inc., Level 3 Homes & Design, LLC. (Henderson, Nicholas) |
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Filing 15
ORDER: Denying Plaintiff's Motions for Entry of Default and Default Judgment against Defendant Jeremy Killian #11 . Defendant Killian has now appeared in this case and has joined all other Defendants in answering the Complaint #13 . The Court finds that Defendant Killian has shown good cause and therefore DENIES Plaintiff's Motion for Entry of Default #11 . See Fed. R. Civ. P. 55(c); Franchise Holding II, LLC. v. Huntington Restaurants Grp., Inc., 375 F.3d 922, 925-26 (9th Cir. 2004) (discussing factors to set aside entry of default). Further, the Court DENIES Plaintiff's Motion for Default Judgment #11 as MOOT. Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986) (noting default judgment can only be granted after an entry of default). Ordered by Judge Marco A. Hernandez. (jp)
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| Filing 14 Objection(s) . Filed by Ryan Donato, Heirloom Inc., Jeremy Killian, Level 3 Homes & Design, LLC, Level 3, LLC. (Related document(s): Motion for default,, Motion for default judgment, #11 .) (Henderson, Nicholas) |
| Filing 13 Amended Answer to #1 Complaint, Affirmative Defenses, Counterclaim Franklin Capital Funding, LLC. Filed by Jeremy Killian, Level 3, LLC, Heirloom Inc., Level 3 Homes & Design, LLC, Ryan Donato. (Henderson, Nicholas) |
| Filing 12 Declaration of Howard M. Levine in Support of Franklin Capital Funding, LLC's Motion for Default Order and Entry of Default Judgment Against Jeremy Killian. Filed by Franklin Capital Funding, LLC. (Related document(s): Motion for default,, Motion for default judgment, #11 .) (Attachments: #1 Exhibit 1) (Hilton, Kristen) |
| Filing 11 Motion for Entry of Default Against Jeremy Killian, Motion for Default Judgment Limited Judgment Against Jeremy Killian. Filed by Franklin Capital Funding, LLC. (Attachments: #1 Proposed Order, #2 Proposed Document Limited Judgment Against Killian) (Hilton, Kristen) |
| Filing 10 Answer to #1 Complaint, Affirmative Defenses, Counterclaim Franklin Capital Funding, LLC. Filed by Heirloom Inc., Level 3 Homes & Design, LLC, Level 3, LLC. (Henderson, Nicholas) |
| Filing 9 Affidavit of Service of Summons Issued, #4 upon Ryan Donato served on 1/4/2020 Filed by Franklin Capital Funding, LLC. (Hilton, Kristen) |
| Filing 8 Affidavit of Service of Summons Issued, #4 upon Jeremy Killian served on 12/22/2019 Filed by Franklin Capital Funding, LLC. (Hilton, Kristen) |
| Filing 7 Acceptance/Acknowledgement of Service of Complaint, #1 on Level 3, LLC served on 12/9/2019 Filed by Franklin Capital Funding, LLC. (Hilton, Kristen) |
| Filing 6 Acceptance/Acknowledgement of Service of Complaint, #1 on Level 3 Homes & Design, LLC served on 12/9/2019 Filed by Franklin Capital Funding, LLC. (Hilton, Kristen) |
| Filing 5 Acceptance/Acknowledgement of Service of Complaint, #1 on Heirloom Inc. served on 12/9/2019 Filed by Franklin Capital Funding, LLC. (Hilton, Kristen) |
| Filing 4 Summons Issued Electronically as to Ryan Donato, Heirloom Inc., Jeremy Killian, Level 3 Homes & Design, LLC, Level 3, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jtj) |
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Filing 3
Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/31/2020. Joint Alternate Dispute Resolution Report is due by 4/30/2020. Pretrial Order is due by 4/30/2020. Ordered by Judge Marco A. Hernandez. (jtj)
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| Filing 2 Corporate Disclosure Statement . Filed by Franklin Capital Funding, LLC. (Hilton, Kristen) |
| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-6101634 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Franklin Capital Funding, LLC against All Defendants (Attachments: #1 Exhibit 1-8, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons). (Hilton, Kristen) |
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