Inheritance Funding Company Inc v. Chatman et al
| Inheritance Funding Company Inc |
| Darial Chatman, Calvin Chatman, Kimberly Chatman, Jame Shadd, III and David N Wirth |
| 3:2012cv01308 |
| May 17, 2012 |
| US District Court for the District of South Carolina |
| Columbia Office |
| XUS, Outside State |
| Joseph F Anderson |
| P.I.: Other |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 66 JUDGMENT / The court has ordered that the Plaintiff, Inheritance Funding Company, Inc., recover from Defendants Darial Chatman, Calvin Chatman, and Kimberly Chatman the amount of Five Hundred Thousand One Hundred Ten and no/100 ($500,000.00) Dollars, plus postjudgment interest at the rate of 0.11%. The court further orders that summary judgment is entered in favor of Defendant David N. Wirth, all claims asserted against Defendant Wirth are dismissed with prejudice, and Defendant James Shadd, III is dismissed from the action with prejudice. (bshr, ) |
Filing 65
ORDER granting #61 Motion for Entry of Default Judgment and Hearing, ordering that judgment be entered in this action against the Defendants Darial Chatman, Calvin Chatman and Kimberly Chatman, jointly and severally, for the sum of Five Hundred Thousand One Hundred Ten and no/100 ($500,000.00) Dollars, entry of judgment represents a conclusion of this case, and per a prior settlement, Defendant James Shadd, III is dismissed with prejudice. Signed by Honorable Joseph F. Anderson, Jr. on 08/28/2014.(bshr, )
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| Filing 64 AFFIDAVIT in Support re #61 MOTION for Entry of Default Judgment and Hearing . (Attachments: #1 Exhibit Exhibit 1 - Order of Judge McCullough dated 1-20-11, #2 Exhibit Exhibit 2 - verified Assignment Agreement filed 11-9-09, #3 Exhibit Exhibit 3 - verified Assignment Agreement filed 12-30-09, #4 Exhibit Exhibit 4 - verified Assignment Agreement filed 11-30-09, #5 Exhibit Exhibit 5 - excerpt from deposition of Steven Schroeder)(Salane, Thomas) |
| Filing 63 NOTICE of Hearing: Bench Trial set for 8/21/2014 02:00 PM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (bshr, ) |
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Filing 62
ORDER notifying parties the court will hold a non-jury trial on damages against Darial Chatman, Calvin Chatman, and Kimberly Chatman at 2:00 p.m. on Tuesday, August 21, 2014. Signed by Honorable Joseph F. Anderson, Jr on 08/05/2014. (bshr, )
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| Filing 61 MOTION for Entry of Default Judgment and Hearing by Inheritance Funding Company Inc. Response to Motion due by 8/21/2014. No proposed order.(Salane, Thomas) |
| Filing 60 NOTICE of Cancellation of Hearing: Jury Trial set for 10/15/2013 09:15 AM (mflo, ) |
| Filing 59 NOTICE of Cancellation of Hearing: Jury Selection set for 9/3/2013 09:30 AM (mflo, ) |
| Filing 58 Exhibit List Witness List by Inheritance Funding Company Inc. (Salane, Thomas) |
| Filing 57 Exhibit List by Inheritance Funding Company Inc. (Attachments: #1 Exhibit Certificate of Complaince with Local Civil Rule 26.07)(Salane, Thomas) |
| Filing 56 Letter from Thomas C. Salane. (Attachments: #1 Exhibit 16 Jade Street, LLC v. R. Design Construction Co., LLC, #2 Exhibit NVR, Inc. v. West Georgia Road Venture, LLC)(Salane, Thomas) |
| Filing 54 TEXT ORDER: The Plaintiff and defendant Shadd are to confer and determine if either James Shadd III, the Shadd Law Firm LLC, or both James Shadd III and the Shadd Law Firm LLC should be named as Defendant(s). If no related motion is filed, the parties are instructed to submit a letter to this court explaining why only James Shadd III is the appropriate defendant. Entered at the direction of the Honorable Joseph F Anderson, Jr on 08/16/2013. (bshr, ) |
| Filing 53 NOTICE of Hearing: Jury Trial set for 10/15/2013 09:15 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) |
| Filing 52 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Bar Meeting held on 8/16/2013. Case ready for trial; trial 3 days; Trial set for 10/15/13 with Jury Selection set for 9/3/13; Court reviews deadlines; Pretrial brief to be submitted to the court 1 week prior to jury selection; Counsel are to meet, mark and exchange exhibits one week prior to jury selection; See Pretrial Checklist for complete details to comply with all requirements of Judge Anderson prior to Jury Selection and Jury Trial. Court Reporter Jenny Williams. (mflo, ) |
| Filing 51 NOTICE of Hearing: Jury Selection set for 9/3/2013 09:30 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr (bshr, ) |
| Filing 50 NOTICE of Hearing (Bar Meeting Notice): Bar Meeting set for 8/16/2013 10:00 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (bshr, ) |
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Filing 49
ORDER granting #40 Motion for Summary Judgment as to all claims asserted against Defendant David Wirth. Signed by Honorable Joseph F Anderson, Jr on 07/31/2013.(bshr, )
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| Filing 48 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Motion Hearing held on 7/29/2013; taking under advisemnt #40 MOTION for Summary Judgment filed by David N Wirth. Court to file written order. Court Reporter Jenny Williams. (mflo, ) |
| Filing 47 NOTICE of Appearance made in open court by Caleb Martin Riser on behalf of David N Wirth (mflo, ) |
| Filing 46 NOTICE of RESCHEDULED Hearing on #40 MOTION for Summary Judgment: Motion Hearing rescheduled to 7/29/2013 at 10:00 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (bshr, ) |
| Filing 45 NOTICE of Hearing on Motion #40 MOTION for Summary Judgment : Motion Hearing set for 7/22/2013 10:00 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) |
| Filing 44 REPLY to Response to Motion re #40 MOTION for Summary Judgment Response filed by David N Wirth. (Attachments: #1 Exhibit 1 - Hartford Opinion)(Rebollo, Anthony) |
| Filing 43 RESPONSE in Opposition re #40 MOTION for Summary Judgment Response filed by Inheritance Funding Company Inc.Reply to Response to Motion due by 5/31/2013 (Attachments: #1 Exhibit 1 - Wirth Letter filed with Probate Court (1/12/10), #2 Exhibit 2 - Burkett Affidavit, #3 Exhibit 3 - Inventory and Appraisement filed with Probate Court (10/23/09), #4 Exhibit 4 - Kelly Deposition Excerpts, #5 Exhibit 5 - Forsberg Deposition Excerpts, #6 Exhibit 6 - Schroeder Deposition Excerpts, #7 Exhibit 7 - Shadd Deposition Excerpts, #8 Exhibit 8 - Wirth Deposition Excerpts, #9 Exhibit 9 - Darials Fax to IFC (11/5/09), #10 Exhibit 10 - Checking Account Records filed with Probate Court (1/12/10), #11 Exhibit 11 - CD Records filed with Probate Court (1/12/10), #12 Exhibit 12 - IFC Assignment Agreements with Kimberly and Calvin, #13 Exhibit 13 - Probate Court Memo to File (1/13/10), #14 Exhibit 14 - Probate Court Memo to File (7/26/10), #15 Exhibit 15-Faxed Message to Probate Court (8/18/09), #16 Exhibit 16 - Order Removing Personal Representative (8/20/10), #17 Exhibit 17 - Order Freezing Accounts (8/23/10), #18 Exhibit 18 - Report of Special Administrator (09/07/10), #19 Exhibit 19 - Probate Court Memo to File (9/8/10), #20 Exhibit 20 - Probate Court Order (1/20/11), #21 Exhibit 21 - Notice of 1/12/10 Hearing (12/1/09), #22 Exhibit 22 - Notice of 8/20/10 Hearing (7/21/10), #23 Exhibit 23 - Donate A Blessing Foundation, Inc. Account Records)(Salane, Thomas) |
| Filing 41 Additional Attachments to Main Document #40 MOTION for Summary Judgment . First attachment description: Memorandum in Support of Defendant David N. Wirth's Motion for Summary Judgment . (Attachments: #1 Exhibit A - Excerpts to the Deposition of Marc Kelly, #2 Exhibit B - Excerpts from the Deposition of Steven Schroeder, #3 Exhibit C - Excerpts from the Deposition of Erik Forsberg, #4 Exhibit D - Bank Statements of Kimberly Chatman, #5 Exhibit E - Bank Statements of Darial Chatman, #6 Exhibit F - Excerpts from the Deposition of George Harris, #7 Exhibit G - Plaintiff's Answers to Wirth's First Set Of Interrogatories, #8 Exhibit H - Excerpts from the Deposition of David Wirth, #9 Exhibit I - Declaration of David Wirth, #10 Exhibit J - Excerpts from the Deposition of James Shadd, #11 Exhibit Two Unpublished Opinions)(Rebollo, Anthony). Modified on 5/2/2013 to replace Exhibit E with corrected version per the request of the filing user(bshr, ). |
| Filing 40 MOTION for Summary Judgment by David N Wirth. Response to Motion due by 5/20/2013. No proposed order.(Rebollo, Anthony). Please see ECF No. #41 for additional attachments. |
| Filing 38 DISCOVERY REPORT by Jame Shadd, III.(Shadd, James) |
| Filing 37 DISCOVERY REPORT by David N Wirth.(Rebollo, Anthony) |
| Filing 36 DISCOVERY REPORT by Inheritance Funding Company Inc.(Bobertz, Shannon) |
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Filing 34
ORDER FOR SUBMISSION OF DISCOVERY STATUS REPORT. Discovery Status Report due by 3/20/2013. Signed by Honorable Joseph F Anderson, Jr on 03/06/2013. (bshr, )
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| Filing 32 Withdrawal of Motions: #30 MOTION to Compel filed by Inheritance Funding Company Inc.. (Bobertz, Shannon) |
| Filing 31 DEFENDANT'S ID OF EXPERT WITNESSES by David N Wirth.(Rebollo, Anthony) |
| Filing 30 MOTION to Compel by Inheritance Funding Company Inc. Response to Motion due by 2/25/2013. (Attachments: #1 Exhibit - Plaintiff's Interrogatories and Requests for Production to Defendant James Shadd, III, #2 Exhibit - Letter to James Shadd, III dated 01/14/2013).(Bobertz, Shannon). Modified on 2/7/2013 to replace exhibit two with corrected copy per the request of the filing user and add descriptions to exhibits(bshr, ). |
| Filing 27 PLAINTIFF'S ID OF EXPERT WITNESSES by Inheritance Funding Company Inc.(Bobertz, Shannon) |
| Filing 26 Local Rule 26.03 Answers to Interrogatories by Inheritance Funding Company Inc, David N Wirth.(Bobertz, Shannon) |
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Filing 25
SCHEDULING ORDER: Motions to Amend Pleadings due by 1/15/2013, Plaintiffs ID of Expert Witness due by 1/15/2013, Defendants ID of Expert Witnesses Due by 2/14/2013, Discovery due by 4/18/2013, Motions due by 5/1/2013, Jury Selection Deadline 9/3/2013. Signed by Honorable Joseph F Anderson, Jr on 12/20/2012. (bshr, )
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| Filing 24 Rule 26(f) Report by Inheritance Funding Company Inc. (Attachments: #1 Proposed Order Proposed Consent Amended Scheduling Order)(Bobertz, Shannon) |
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Filing 22
SCHEDULING ORDER: Rule 26(f) Conference Deadline 12/7/2012, 26(a) Initial Disclosures due by 12/21/2012, Rule 26 Report due by 12/21/2012, Motions to Amend Pleadings due by 1/15/2013, Plaintiffs ID of Expert Witness due by 1/15/2013, Defendants ID of Expert Witnesses Due by 2/14/2013, Discovery due by 3/18/2013, Motions due by 4/1/2013, Jury Selection Deadline 7/9/2013. Signed by Honorable Joseph F Anderson, Jr on 11/16/2012. (bshr, )
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| Filing 21 Clerk's ENTRY OF DEFAULT as to Calvin Chatman, Darial Chatman, Kimberly Chatman (bshr, ) |
| Filing 20 REQUEST FOR ENTRY OF DEFAULT as to Darial Chatman, Calvin Chatman and Kimberly Chatman byInheritance Funding Company Inc. (Salane, Thomas) |
| Filing 17 SUMMONS Returned Executed by Inheritance Funding Company Inc. Darial Chatman served on 7/17/2012, answer due 8/7/2012. (Attachments: #1 Exhibit Affidavit of Service - Darial Chatman)(Salane, Thomas) |
| Filing 16 ANSWER to #1 Complaint,, , First CROSSCLAIM against Darial Chatman by Jame Shadd, III.(Shadd, James) |
| Filing 15 Local Rule 26.01 Answers to Interrogatories by David N Wirth.(Rebollo, Anthony) |
| Filing 14 ANSWER to #1 Complaint,, by David N Wirth.(Rebollo, Anthony) |
| Filing 13 SUMMONS Returned Executed by Inheritance Funding Company Inc. David N Wirth served on 5/30/2012, answer due 6/20/2012. (Attachments: #1 Exhibit Proof of Service - David Wirth)(Salane, Thomas) |
| Filing 12 SUMMONS Returned Executed by Inheritance Funding Company Inc. Jame Shadd, III served on 5/30/2012, answer due 6/20/2012. (Attachments: #1 Exhibit Proof of Service - James Shadd, III)(Salane, Thomas) |
| Filing 11 SUMMONS Returned Executed by Inheritance Funding Company Inc. Kimberly Chatman served on 5/30/2012, answer due 6/20/2012. (Attachments: #1 Exhibit Proof of Service - Kimberly Chatman)(Salane, Thomas) |
| Filing 10 SUMMONS Returned Executed by Inheritance Funding Company Inc. Calvin Chatman served on 5/30/2012, answer due 6/20/2012. (Attachments: #1 Exhibit Proof of Service - Calvin Chatman)(Salane, Thomas) |
| Filing 8 Summons Issued as to David N Wirth. (bshr, ) |
| Filing 7 Summons Issued as to Kimberly Chatman. (bshr, ) |
| Filing 6 Summons Issued as to James Shadd. (bshr, ) |
| Filing 5 Summons Issued as to Darial Chatman. (bshr, ) |
| Filing 4 Summons Issued as to Calvin Chatman. (bshr, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Inheritance Funding Company Inc.(bshr, ) |
| Filing 1 COMPLAINT against Calvin Chatman, Darial Chatman, Kimberly Chatman, James Shadd, David N Wirth ( Filing fee $ 350 receipt number 0420-4075733.), filed by Inheritance Funding Company Inc. (Attachments: #1 Exhibit A - Inventory and Appraisement, #2 Exhibit B - Falsified Deposit Receipt, #3 Exhibit C - Falsified Personal Time Deposit, #4 Exhibit D - Falsified Account Records, #5 Exhibit E - Wirth Letter, #6 Exhibit F - Affidavit of Tiffany N. Provence, #7 Exhibit G - Affidavit of Ronald H. Burkett)(bshr, ) |
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