Capital Investment Funding LLC v. Field et al
Plaintiff: Capital Investment Funding LLC
Defendant: Jessie G Ryckman, Jack Campitelli, Asante Properties LLC, Donna L Campitelli, J Geneva Seller, Jan Davidson, Gene Ahlers, Tcholok Properties LLC, Badger Development LLC, Lion Financial LLC, Lamplighter Mortgage Company LLC, Steele Construction of SC Inc, Ideal Mortgage Group Inc, Capital Intrastate Funding LLC, Reba Cox, Instant Cash Inc, Ross Jones, CapGain Properties Inc, Robert J L'Abbate, Krondor Trading Co LLC, Scott Pfeiffer, Shawna Freeman, Alysia Hazelton, Mithril Funding LLC, Advance Business Funding LLC, Geneva Campitelli, Moore & Associates LLC, PGGW Title Insurance LLC, Lancaster Mortgage Bankers, Saneski LLC, Bradford Financial Group LLC, Old Arcadia Road Trust, The, DL Jones, ABC Companies 1-35, J A Camp, Saxon Business Services LLC, David Lorenzo, Charles Pinion, Jose Rodriguez, GodProp LLC, Aladdin's Grill and Cafe LLC, Bolingbroke United Ltd, LOP Capital LLC, Bill Beckman, Michael Moore, Gary Lynn Johnson, Asante LLC, David Gantt, Pickering Road Trust, The, Blenheim Properties LLC, Lot 37 Waters Edge LLC, Allyson Field, Joshua Ward, He Will Provide LLC, Gleaton Wyatt Hewitt PA, Red Lion Trading House LLC, Ashley Morey, Davyd Field, JG Ryckman, Elizabeth Hopper, Greg Bailey, Community South Bank and Trust, J and H Builders LLC, Rhododendron LLC, Saxon Holding LLC, Nevada Processing Center Inc, Michael Parish, Elliot Salzman, Cotton Mill Trust, The, James Caserta, Monmouth Financial Group Ltd, Mark Davidson, Lot 6 Lakewater Cove LLC, York Mortgage Funding LLC, Neighborhood Homes LLC, Michael Loprieno, ABC Companies, PG&G Title Insurance LLC, Stuart Katz, Eugene Hopper, Construction Resources Inc, Angle Holdings LLC, Brian Knight, Dennis Hackney, Benjamin Hines, James Nathan Holbrooks, Pelican Way Financial LLC, Amerishare Corporation, Brad Kelley, Alliance Development Partners LLC, Roger Ezell, Mark Holbrooks, RAAF Enterprises LLC, G&P Title Agency LLC, Total Package Grading, Jane Does 1-25, Upper Nehalem Trust, The, Paul Chalmers, Log Dirt LLC, Arrowhead Funding Corporation, Gulf Capital LP, Ezell Investment Company LLC, Trazom LLC, Apex Construction, Ralph Gleaton, Bountiful Bingo LLC, Kirsten M White, United Private Capital Inc, Seed Construction, Anthony Edgar, John Does 1-25, Timothy Bart Kelley, Donna Jones, P and G Title Agency LLC, Jane Does 1-35, John Does 1-35, Paula Haney, Johnny M Kelley, Our Tree House LLC, Gulf Capital Management Inc, GG&P Title Insurance LLC, Onward Finance Corporation, Barry Lynn Spencer, Onward Recovery Partners Corporation, Chrysler Drive Trust, The, Lot 46 Waters Edge LLC, Jamie McKeough, Dunross Straun LLC, Southridge Construction Inc, Martin Ender, Strategic Lending Solutions LLC, Melinda Holbrooks and Philip Davidson
3Rd Party Defendant: Christopher Westrick, Promotions Group of SC INC, The, Marika G Allen, Jerry Saad, Jerry Saad CPA PA, Craig H Allen PA, Devito Snowden & Co LLC, Michael O'Shea, Rodney F Pillsbury, Pamela G H Stodghill, Curtis Stodghill, Pillsbury & Read PA, Craig Allen, Frances C Devito, Gene M Connell, Jr, Kymric Mahnke, John M Read, IV, Lori F Pillsbury, Smolin Lupin & Co PA, John or Jane Doe, Saad & Manios Business Services LLC, Forensic Research Group Inc, Tressler LLP, Stodghill Law Firm CHRTRD, Caroline Watson, Stanley T Case and Saad Properties SC GP
3Rd Party Plaintiff: Kathryn Taillon and Arthur Field
Case Number: 6:2012cv03401
Filed: November 29, 2012
Court: US District Court for the District of South Carolina
Office: Greenville Office
County: Greenville
Presiding Judge: Bruce Howe Hendricks
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 13, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2017 Filing 623 DECLARATION by Capital Investment Funding LLCre #48 Lis Pendens Cancellation of Lis Pendens. (Attachments: #1 Exhibit 1 - Lis Pendens, #2 Exhibit 2 - Cancellation of Lis Pendens, #3 Certificate of Service)(Pillsbury, Rodney)
January 20, 2015 Filing 622 ***DOCUMENT MAILED #619 Order Ruling on Report and Recommendation, #621 Judgment, 620 Order on Motion to Stay, Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief, Order on Motion for Sanctions, placed in U.S. Mail to Allyson Field, Arthur Field, Elliot Salzman, James Nathan Holbrooks, Jan Davidson, Kathryn Taillon, Mark Davidson, Philip Davidson. (abuc)
January 20, 2015 Filing 621 JUDGMENT / The court has ordered that this action is dismissed. (abuc)
January 20, 2015 Filing 620 TEXT ORDER denying #614 Motion to Stay; denying #614 Motion for Protective Order; denying #614 Motion Other Relief Pursuant to 28 U.S.C. 1651(a) and 15 U.S.C. 78(u)-4(b)(3)(D); denying #615 Motion for Sanctions. Signed by Honorable Bruce Howe Hendricks on 1/20/2015.(abuc)
January 20, 2015 Opinion or Order Filing 619 ORDER RULING REPORT AND RECOMMENDATION, adopting #587 Report and Recommendation in the 2012 Case and #122 Report and Recommendation in the 2013 Case. It is ordered that the supplemental motions to dismiss in the 2012 Case (2012 Case ECF Nos. 507, 510, 534, 535, 536, 543, 546, 547, 548) be granted, that the motion for sanctions in the 2012 Case (2012 Case ECF No. 573) be granted in part, denied in part, that the motions to dismiss in the 2013 Case (2013 Case ECF Nos. 24, 39, 42, 46, 47, 81, 93, 94, 113) be granted, and that both cases be dismissed. Signed by Honorable Bruce Howe Hendricks on 1/20/2015. Associated Cases: 6:12-cv-03401-BHH, 6:13-cv-02326-BHH(abuc) (Main Document 619 replaced on 1/20/2015) (abuc, ).
September 9, 2014 Filing 617 RESPONSE in Opposition re (149 in 6:13-cv-02326-BHH) MOTION for Sanctions Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 9/19/2014 (Attachments: #1 Certificate of Service)Associated Cases: 6:12-cv-03401-BHH, 6:13-cv-02326-BHH(Read, John)
September 5, 2014 Filing 616 RESPONSE in Opposition re #614 MOTION to Stay MOTION for Protective Order MOTION Injunctive Relief or Other Relief Pursuant to 28 U.S.C. 1651(a) and 15 U.S.C. 78(u)-4(b)(3)(D) Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 9/15/2014 (Attachments: #1 Certificate of Service)(Pillsbury, Rodney)
August 21, 2014 Filing 615 MOTION for Sanctions by Arthur Field. Response to Motion due by 9/8/2014. No proposed order. Associated Cases: 6:12-cv-03401-BHH, 6:13-cv-02326-BHH(mbro, )
August 18, 2014 Filing 614 MOTION to Stay Discovery, MOTION for Protective Order, MOTION for Injunctive Relief or Other Relief Pursuant to 28 U.S.C. 1651(a) and 15 U.S.C. 78(u)-4(b)(3)(D) by Arthur Field. (Response to Motion due by 9/5/2014) (Attachments: #1 Exhibit 1 - Document Purporting to be Subpoena Duces Tecum)No proposed order.Associated Cases: 6:12-cv-03401-BHH, 6:14-cv-02267-BHH-JDA. Motions referred to Jacquelyn D Austin. Modified on 8/18/2014 to edit text (mbro, ).
August 1, 2014 Filing 613 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #612 Reply Reply to Plaintiff's Objections to Report and Recommendation (Peavy, Jason)
August 1, 2014 Filing 612 REPLY by James Caserta, Martin Ender, David Lorenzo to #605 Objection to Report and Recommendation, Reply to Plaintiff's Objections to Report and Recommendation. (Peavy, Jason)
July 31, 2014 Filing 611 REPLY by Allyson Field, Kathryn Taillon to (605 in 6:12-cv-03401-BHH) Objection to Report and Recommendation, (602 in 6:12-cv-03401-BHH) Objection to Report and Recommendation, (603 in 6:12-cv-03401-BHH) Objection to Report and Recommendation. Associated Cases: 6:13-cv-02326-BHH, 6:12-cv-03401-BHH(mbro, )
July 31, 2014 Filing 610 REPLY by Pelican Way Financial LLC to #605 Objection to Report and Recommendation,. (Martin, Bradford) Modified on 10/17/2014 to edit text(alew, ).
July 28, 2014 Filing 609 REPLY by Arthur Field to (137 in 6:13-cv-02326-BHH, 605 in 6:12-cv-03401-BHH) Objection to Report and Recommendation, (602 in 6:12-cv-03401-BHH) Objection to Report and Recommendation, (603 in 6:12-cv-03401-BHH) Objection to Report and Recommendation. Associated Cases: 6:12-cv-03401-BHH, 6:13-cv-02326-BHH(mbro, )
July 28, 2014 Filing 608 REPLY by Capital Investment Funding LLC to (139 in 6:13-cv-02326-BHH, 607 in 6:12-cv-03401-BHH) Reply of Katz to Plaintiff's Objections to Report & Recommendation. (Attachments: #1 Certificate of Service)Associated Cases: 6:12-cv-03401-BHH, 6:13-cv-02326-BHH(Pillsbury, Rodney)
July 21, 2014 Filing 607 REPLY by Stuart Katz to (137 in 6:13-cv-02326-BHH) Objection to Report and Recommendation, by Plaintiff. (Attachments: #1 Certificate of Service COS)Associated Cases: 6:12-cv-03401-BHH, 6:13-cv-02326-BHH(Coates, William)
July 15, 2014 Filing 605 OBJECTION to (587 in 6:12-cv-03401-BHH, 122 in 6:13-cv-02326-BHH) Report and Recommendation by All Plaintiffs.Reply to Objections due by 8/1/2014 (Attachments: #1 Exhibit Global Mediated Settlement Agreement, #2 Certificate of Service)Associated Cases: 6:12-cv-03401-BHH, 6:13-cv-02326-BHH(Pillsbury, Rodney)
July 15, 2014 Filing 604 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #603 Objection to Report and Recommendation, (Peavy, Jason)
July 15, 2014 Filing 603 OBJECTION to #587 Report and Recommendation by James Caserta, Martin Ender, David Lorenzo.Reply to Objections due by 8/1/2014 (Attachments: #1 Memo in Support Memorandum In Support of Objections to Report and Recommendation)(Peavy, Jason)
July 15, 2014 Filing 602 OBJECTION to #587 Report and Recommendation by James Caserta, Martin Ender, David Lorenzo.Reply to Objections due by 8/1/2014 (Peavy, Jason)
July 10, 2014 Filing 600 TEXT ORDER granting #598 Motion for Extension of Time. Signed by Honorable Bruce Howe Hendricks on 7/10/2014.(mbro, )
July 9, 2014 Filing 599 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #598 MOTION for Extension of Time To File Objections to the Report and Recommendation (Peavy, Jason)
July 9, 2014 Filing 598 MOTION for Extension of Time To File Objections to the Report and Recommendation by James Caserta, Martin Ender, David Lorenzo. Response to Motion due by 7/28/2014. No proposed order.(Peavy, Jason)
July 9, 2014 Filing 597 ***DOCUMENT MAILED 596 Order on Motion for Extension of Time placed in U.S. Mail to Allyson Field, Arthur Field, Elliot Salzman, James Nathan Holbrooks, Jan Davidson, Kathryn Taillon, Mark Davidson, Philip Davidson. (mbro, )
July 8, 2014 Filing 596 TEXT ORDER granting #594 Motion for Extension of Time. Signed by Honorable Bruce Howe Hendricks on 7/8/2014.(mbro, )
July 7, 2014 Filing 595 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #594 MOTION for Extension of Time to file objections to Report and Recommendation AMENDED (Pillsbury, Rodney)
July 7, 2014 Filing 594 MOTION for Extension of Time to file objections to Report and Recommendation by Capital Investment Funding LLC. Response to Motion due by 7/24/2014. (Attachments: #1 Certificate of Service)No proposed order.Associated Cases: 6:12-cv-03401-BHH, 6:13-cv-02326-BHH(Pillsbury, Rodney)
June 27, 2014 Filing 592 ***DOCUMENT MAILED 591 Case Reassigned placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson, Allyson Field and Philip Davidson (suro, )
June 27, 2014 Filing 591 Case Reassigned to Judge Honorable Bruce Howe Hendricks. Judge Honorable Mary G Lewis no longer assigned to the case. (suro, )
June 23, 2014 Filing 590 CERTIFICATE OF SERVICE by Philip Davidson re #552 Notice of Appearance, #554 Local Rule 26.01 Answers to Interrogatories. (Attachments: #1 Cover letter, #2 Envelope)(kmca)
June 20, 2014 Filing 589 ***DOCUMENT MAILED #587 REPORT AND RECOMMENDATION, 588 Transfer of Case Management, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson, Allyson Field and Philip Davidson (kmca)
June 20, 2014 Filing 588 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Mary G Lewis. Magistrate Judge Austin no longer associated with cases. New case numbers are 6:12-cv-03401-MGL, 6:13-cv-02326-MGL. Please make a note of this for future filings.(kmca)
June 20, 2014 Filing 587 REPORT AND RECOMMENDATION that the supplemental #507 #510 #534 #535 #536 #543 #546 #547 #548 Motions to dismiss in the 2012 Case be GRANTED, that the #573 Motion for sanctions in the 2012 Case be GRANTED IN PART AND DENIED IN PART, that the 39 42 #46 47 #81 #93 #94 113 Motions to dismiss in the 2013 Case be GRANTED, and that both cases be DISMISSED. Objections to R&R due by 7/10/2014. Signed by Magistrate Judge Jacquelyn D Austin on 6/20/14. (Attachments: #1 Notice of Right to File Objections)Associated Cases: 6:12-cv-03401-MGL-JDA, 6:13-cv-02326-MGL-JDA(kmca)
June 5, 2014 Filing 586 CERTIFICATE OF SERVICE by Stuart Katz re #585 Notice of Request for Protection from Court Appearance (Coates, William)
June 5, 2014 Filing 585 NOTICE of Request for Protection from Court Appearance by William Alexander Coates for 09/08/14 - 09/24/14 (Coates, William)
May 21, 2014 Filing 584 ***DOCUMENT MAILED #583 Second Deficiency Memo, placed in U.S. Mail to Philip Davidson (kmca)
May 21, 2014 Filing 583 Second Deficiency Memo: #552 notice of appearance, #553 answer, #554 LR 26.01s; no certificate of service to pro se defendants as directed in #557 order. See attached Deficiency Memo. Docket Correction due 6/4/2014. (kmca) Modified on 6/23/2014: correction received (kmca).
May 12, 2014 Filing 581 REPLY to Response to Motion re #573 MOTION for Sanctions Response filed by Capital Investment Funding LLC. (Attachments: #1 Certificate of Service)(Pillsbury, Rodney)
May 9, 2014 Filing 580 ***DOCUMENT MAILED 579 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson, Allyson Field and Philip Davidson (kmca)
May 9, 2014 Opinion or Order Filing 579 TEXT ORDER denying as moot Defendant Salzman's #572 Motion for extension of time. Signed by Magistrate Judge Jacquelyn D Austin on 5/9/14.(kmca)
April 29, 2014 Filing 578 ***DOCUMENT MAILED #577 Deficiency Memo with page 2 of #557 Order, placed in U.S. Mail to Philip Davidson (kmca)
April 29, 2014 Filing 577 Deficiency Memo: #552 notice of appearance, #553 answer, #554 LR 26.01s; no certificate of service to pro se defendants. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 5/12/2014. (kmca) Modified on 6/23/2014: correction received (kmca).
April 28, 2014 Filing 576 ***DOCUMENT MAILED 575 Order on Motion for Leave to File Excess Pages, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson, Allyson Field and Philip Davidson (kmca)
April 28, 2014 Opinion or Order Filing 575 TEXT ORDER granting Arthur Field's #562 Motion for leave to file excess pages. Signed by Magistrate Judge Jacquelyn D Austin on 4/28/14.(kmca)
April 25, 2014 Filing 574 REPLY to #560 Response to #546 MOTION to Dismiss. Reply filed by Elliot Salzman. (Attachments: #1 Table of Authorities, #2 Certificate of Service, #3 Cover letter, #4 Envelope)(kmca)
April 24, 2014 Filing 573 MOTION for Sanctions by Elliot Salzman. Response to Motion due by 5/12/2014. (Attachments: #1 Exhibit Copies of envelope postmark, #2 Certificate of Service, #3 Cover letter, #4 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
April 24, 2014 Filing 572 MOTION for Extension of Time to File Reply as to #560 Response in Opposition to #546 Motion to dismiss, by Elliot Salzman. NOTE: Reply not enclosed as mentioned on document; but received on 4/25/14, see #574 . Response to Motion due by 5/12/2014. (Attachments: #1 Envelope from Pillsbury & Read PA, #2 Certificate of Service, #3 Cover letter, #4 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 4/25/2014: to add link to #574 reply (kmca).
April 21, 2014 Filing 571 CERTIFICATE OF SERVICE by Pelican Way Financial LLC re #568 Reply to Response to Motion (Teer, Laura) (Main Document 571 replaced on 4/21/2014: to replace with corrected signature as provided by filing user) (kmca).
April 17, 2014 Filing 567 REPLY to #560 Response to #548 Renewed MOTION to Dismiss. Reply filed by Stuart Katz. (Attachments: #1 Exhibit 1 - Roberts Summons & Complaint, #2 Exhibit 2 - New Jersey Amended Complaint, #3 Certificate of Service)(kmca) Document re-filed by clerk to correct event type; remove duplicate headers from exhibit 2; remove duplicate text from exhibit 3 (kmca) Modified on 4/18/2014: to change docket number back to 567 (kmca).
April 17, 2014 Filing 570 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #569 Reply to Response to Motion (Peavy, Jason)
April 17, 2014 Filing 569 REPLY to Response to Motion re #535 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Motion to Dismiss Response filed by James Caserta, Martin Ender, David Lorenzo. (Peavy, Jason) Modified on 4/18/2014: see #570 certificate of service (kmca).
April 17, 2014 Filing 568 REPLY to Response to Motion re #534 Supplemental MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Pelican Way Financial LLC. (Teer, Laura) Modified on 4/21/2014: see #571 for additional certificate of service (kmca).
April 15, 2014 Filing 566 REPLY to #560 Response in Opposition to Motions re #510 MOTION to Dismiss, #547 MOTION to Dismiss. Reply filed by Allyson Field, Kathryn Taillon. (Attachments: #1 Table of authorities, #2 Certificate of Service)(kmca)
April 14, 2014 Filing 565 ***DOCUMENT MAILED #564 Deficiency Memo with copy of [562-1] certificate of service, placed in U.S. Mail to Arthur Field (kmca)
April 14, 2014 Filing 564 Deficiency Memo #562 motion, incorrect certificate of service. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 4/28/2014. (kmca) Modified on 4/15/2014: correction received (kmca).
April 14, 2014 Filing 563 REPLY to #560 Response in Opposition to Motions re #507 MOTION to Dismiss. Reply filed by Arthur Field. (Attachments: #1 Table of Authorities, #2 Exhibit A Letter from Class Counsel Connell to Hon Edward W Miller with enclosure, #3 Exhibit B June 2010 proposed order with cover letter)(kmca) (Additional attachment added on 4/15/2014: #4 Corrected certificate of service) (kmca).
April 14, 2014 Filing 562 MOTION for Leave to File Excess Pages titled: Request to file beyond page limit, by Arthur Field. Response to Motion due by 5/1/2014. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) (Additional attachment added on 4/15/2014: #2 Corrected certificate of service) (kmca).
April 7, 2014 Filing 560 RESPONSE in Opposition re #535 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Motion to Dismiss, #548 MOTION to Dismiss, #543 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Motion To Dismiss Plaintiff's Second Amended Complaint, #534 Supplemental MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #536 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #510 MOTION to Dismiss, #547 MOTION to Dismiss, #507 MOTION to Dismiss Plaintiff's consolidated Response to Defendants' Supplemental Motions to Dismiss, #546 MOTION to Dismiss Titled: Brief in Support of Motion to Dismiss. Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 4/17/2014 (Attachments: #1 Exhibit 1 - Global Mediated Settlement, #2 Exhibit 2 - Arthur Field Plea Agreement, #3 Exhibit 3 - Contempt Order 10-1-13, #4 Certificate of Service)(Pillsbury, Rodney) Modified on 4/8/2014: to add link to #546 motion as referenced in document (kmca). (Attachment 3 replaced on 4/22/2014: as requested by and provided by filing user) (kmca).
March 11, 2014 Filing 559 ***DOCUMENT MAILED #557 Proper Form Order with public docket sheet, sample certificate of service, and copy policy, placed in U.S. Mail to Philip Davidson (kmca)
March 11, 2014 Filing 558 ***DOCUMENT MAILED #557 Proper Form Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson, and Allyson Field (kmca)
March 11, 2014 Opinion or Order Filing 557 ORDER directing pro se Defendant Philip Davidson to notify clerk in writing of any change of address. The clerk is directed to mail a copy of the public docket sheet to pro se Defendant Philip Davidson. (Certificate of Service due by 4/4/2014.) Signed by Magistrate Judge Jacquelyn D Austin on 3/11/14. (kmca)
March 10, 2014 Filing 554 Local Rule 26.01 Answers to Interrogatories by Philip Davidson.(kmca)
March 10, 2014 Filing 553 Pro Se ANSWER to #1 Complaint, #6 Amended Complaint, #11 Second Amended Complaint by Philip Davidson.(kmca)
March 10, 2014 Filing 552 NOTICE of Pro Se Appearance by Philip Davidson. (kmca)
February 21, 2014 Filing 551 ***DOCUMENT MAILED 550 Order on Motion for Extension of Time, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson, and Allyson Field (kmca)
February 21, 2014 Opinion or Order Filing 550 TEXT ORDER granting in part and denying in part #549 Motion to file consolidated response and for extension of time. The motion is granted to the extent Plaintiff seeks to extend and consolidate response deadlines to the pending motions to dismiss; however, the Court grants a 30 day extension rather than a 45 day extension as requested. Accordingly, Plaintiff's response in opposition to the pending motions to dismiss [Docket Entry Numbers 507, 510, 534, 535, 536, 543, 546, 547, 548] is due by April 7, 2014. (Response to Motions due by 4/7/2014.) Signed by Magistrate Judge Jacquelyn D Austin on 2/21/14.(kmca)
February 19, 2014 Filing 549 MOTION for Extension of Time to File Response/Reply as to #507 MOTION to Dismiss, #509 Supplement, #510 MOTION to Dismiss, #534 Supplemental MOTION to Dismiss, #535 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #536 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #543 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #546 MOTION to Dismiss, #547 MOTION to Dismiss, #548 MOTION to Dismiss; and Motion to file a Consolidated Response to all Defendants Supplemental Motions to Dismiss by Capital Investment Funding LLC. Response to Motion due by 3/10/2014. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney) (Main Document 549 replaced on 2/20/2014: to replace with corrected document (typo) as requested by and provided by filing user) (kmca).
February 19, 2014 Filing 545 Corrected CERTIFICATE OF SERVICE by Advance Business Funding LLC, Roger Ezell, Ezell Investment Company LLC, Benjamin Hines, Instant Cash Inc, Barry Lynn Spencer re #536 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Anthony, Kenneth) Modified on 2/19/2014: to add "corrected" (kmca).
February 18, 2014 Filing 548 Renewed MOTION to Dismiss by Stuart Katz. Response to Motion due by 3/7/2014. (Attachments: #1 Memo in Support, #2 Exhibit A Sentencing Sheets of Arthur M. Field, #3 Exhibit B Sentencing Sheets of Fredrick Scott Pfeiffer, #4 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Document re-filed by clerk per chambers because attorney filed in error in related case 6-13-2326 (kmca)
February 18, 2014 Filing 547 MOTION to Dismiss FRCivP Rule 12(b)6 and Statute of Limitations by Allyson Field. Response to Motion due by 3/7/2014. (Attachments: #1 Memo in Support, #2 Appendix A Excerpts from 2006 CIF Prospectus, #3 Appendix B Excerpts from Roberts v Bradford amended complaint, #4 Appendix C Greenville News Article 1-26-08, #5 Appendix D Articles July 2008, #6 Table of Authorities, #7 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
February 18, 2014 Filing 546 MOTION to Dismiss Titled: Brief in Support of Motion to Dismiss by Elliot Salzman. Response to Motion due by 3/7/2014. (Attachments: #1 Exhibit A Greenville News Article, #2 Exhibit B Greenville News Article, #3 Exhibit C Greenville News Article, #4 Appendix A Allegations in SAC, #5 Appendix B Excerpts from amended complaint 2-8-cv-4714-JLL, #6 Appendix C Excerpt Order of Judge Baxley, #7 Appendix D Excerpts from 2006 CIF prospectus, #8 Table of Authorities, #9 Certificate of Service, #10 Cover letter, #11 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
February 18, 2014 Filing 544 DELETION OF DOCKET ENTRY NUMBER #538, 539, 540, 541, 542 Motions to dismiss. Reason: duplicate filings as verified by filing user. Corrected Filing Document Number #536 Motion to dismiss. Modified filing date to that of original filing: 2/18/14. Response due date modified to that of original filing: 3/7/14. (kmca)
February 18, 2014 Filing 543 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Motion To Dismiss Plaintiff's Second Amended Complaint by Joshua Ward. Response to Motion due by 3/7/2014. No proposed order.Motions referred to Jacquelyn D Austin.(Denny, Keith) (Additional attachment added on 2/19/2014 as provided by filing user: #1 Additional Certificate of Service) (kmca).
February 18, 2014 Filing 537 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #535 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Motion to Dismiss (Peavy, Jason) (Main Document 537 replaced on 2/19/2014: to replace with corrected document as provided by filing user) (kmca).
February 18, 2014 Filing 536 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Roger Ezell, Ben Hines, Barry Lynn Spencer, Advance Business Funding, LLC, Ezell Investment Company, LLC, and Instant Cash, Inc. Spartanburg Defendants. Response to Motion due by 3/7/2014. (Attachments: #1 Memo in Support, #2 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Anthony, Kenneth) Modified on 2/19/2014: to add filers listed on document (kmca). Modified on 2/19/2014: see #545 Corrected Certificate of Service (kmca).
February 18, 2014 Filing 535 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Motion to Dismiss by James Caserta, Martin Ender, David Lorenzo. Response to Motion due by 3/7/2014. (Attachments: #1 Memorandum In Support of Supplemental Motion to Dismiss)No proposed order.Motions referred to Jacquelyn D Austin.(Peavy, Jason) Modified on 2/19/2014: to remove duplicate text; See #537 Certificate of Service (kmca).
February 18, 2014 Filing 534 Supplemental MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Response to Motion due by 3/7/2014.) by Pelican Way Financial LLC. (Attachments: #1 Memo in Support of Motion to Dismiss)No proposed order.Motions referred to Jacquelyn D Austin.(Martin, Bradford) Modified on 2/19/2014: to remove duplicate text (kmca).
February 18, 2014 Filing 533 ***DOCUMENT MAILED 529 Order on Motion for Extension of Time, 531 Order on Motion to Withdraw as Attorney, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson, and Allyson Field (kmca)
February 18, 2014 Opinion or Order Filing 531 TEXT ORDER granting #528 Motion to withdraw as counsel for Allyson Field. Jennifer B Howe is, hereby, relieved as counsel. Defendant Allyson Field will proceed pro se in this matter. NOTE: All future filings will need to be served on pro se Defendant Allyson Field. Signed by Magistrate Judge Jacquelyn D Austin on 2/18/14.(kmca)
February 18, 2014 Opinion or Order Filing 529 TEXT ORDER granting Defendant Allyson Field's #527 Motion for extension of time to file supplemental motion to dismiss. Defendant Allyson Field's motion is due on or before February 28, 2014. Signed by Magistrate Judge Jacquelyn D Austin on 2/18/14.(kmca) Modified on 2/18/2014: to correct typo (kmca).
February 17, 2014 Filing 528 MOTION to Withdraw as Attorney by Allyson Field. Response to Motion due by 3/6/2014. No proposed order.Motions referred to Jacquelyn D Austin.(Howe, Jennifer)
February 17, 2014 Filing 527 MOTION for Extension of Time to File Supplemental Motion to Dismiss by Allyson Field. Response to Motion due by 3/6/2014. No proposed order.Motions referred to Jacquelyn D Austin.(Howe, Jennifer)
February 3, 2014 Filing 526 CERTIFICATE OF SERVICE by Mark Davidson re #500 Local Rule 26.01 Answers to Interrogatories. (Attachments: #1 Envelope)(kmca)
January 31, 2014 Filing 525 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #521 Certificate of Consultation on Motion (Read, John)
January 31, 2014 Filing 524 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #520 Certificate of Consultation on Motion (Read, John)
January 31, 2014 Filing 523 ***DOCUMENT MAILED 522 Order on Motions for Extension of Time to File Response/Reply, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, and Mark Davidson (kmca)
January 31, 2014 Opinion or Order Filing 522 TEXT ORDER granting in part and denying in part #518 and #519 Motions for extension of time to respond to #507 and #510 Motions to dismiss. As provided in this Court's 516 Order, the Court will entertain a motion by Plaintiff to consolidate response deadlines so that Plaintiff must file only one response memorandum addressing issues raised in all supplemental motions to dismiss. The supplemental motions to dismiss are not due until February 18, 2014; accordingly, at the present time, Plaintiff and the Court are unaware of the response deadlines to the to-be-filed supplemental motions and, thus, cannot establish an appropriate consolidation date for all supplemental motions. Therefore, the Court grants Plaintiff's request to the extent it requests an extension beyond the current response deadline of February 10, 2014. However, the Court will set the response deadline to the current #507 and #510 Motions to dismiss as February 20, 2014. The Court is again willing to entertain a motion by Plaintiff to consolidate response deadlines after the other Defendants file supplemental motions. (Response to #507 and #510 Motions due by 2/20/2014.) Signed by Magistrate Judge Jacquelyn D Austin on 1/31/14.(kmca)
January 31, 2014 Filing 521 CERTIFICATE OF CONSULTATION byCapital Investment Funding LLC re #518 MOTION for Extension of Time to File Response/Reply as to #510 MOTION to Dismiss . (Read, John) Modified on 2/3/2014: see #525 certificate of service (kmca).
January 31, 2014 Filing 520 CERTIFICATE OF CONSULTATION byCapital Investment Funding LLC re #519 MOTION for Extension of Time to File Response/Reply as to #507 MOTION to Dismiss . (Read, John) Modified on 2/3/2014: see #524 certificate of service (kmca).
January 28, 2014 Filing 519 MOTION for Extension of Time to File Response/Reply as to #507 MOTION to Dismiss by Capital Investment Funding LLC. Response to Motion due by 2/14/2014. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Read, John) Modified on 1/31/2014: see #520 consultation certificate (kmca).
January 28, 2014 Filing 518 MOTION for Extension of Time to File Response/Reply as to #510 MOTION to Dismiss by Capital Investment Funding LLC. Response to Motion due by 2/14/2014. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Read, John) Modified on 1/31/2014: see #521 consultation certificate(kmca).
January 24, 2014 Filing 517 ***DOCUMENT MAILED 515 Order on Motion for Leave to File Excess Pages, 516 Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, and Mark Davidson (kmca)
January 24, 2014 Opinion or Order Filing 516 TEXT ORDER. In accordance with this Court's #478 Report and Recommendation and #505 Order, the Parties are directed to file supplemental motions to dismiss addressing whether (1) the Private Securities Litigation Reform Act ("PSLRA") and/or (2) the applicable statute of limitations bars the RICO claims in this case. The parties are further directed to review the #478 Report and Recommendation and address, at a minimum, the issues outlined on pages 11-12 and 13-14 with respect to the PSLRA and statute of limitations. The supplemental motions shall be filed by February 18, 2014. Response and reply deadlines will be set in accordance with the Local Civil Rules. The Court will entertain a motion by Plaintiff to consolidate response deadlines so that Plaintiff must file only one response memorandum addressing issues raised in all supplemental motions to dismiss. (Supplemental Motions due by 2/18/2014) Signed by Magistrate Judge Jacquelyn D Austin on 1/24/14. (kmca)
January 24, 2014 Opinion or Order Filing 515 TEXT ORDER granting #508 and #511 Motions for leave to file excess pages by Arthur Field and Kathryn Taillon, respectively. Signed by Magistrate Judge Jacquelyn D Austin on 1/24/14.(kmca)
January 23, 2014 Filing 514 ***DOCUMENT MAILED #513 Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, and Mark Davidson (kmca)
January 23, 2014 Opinion or Order Filing 513 ORDER Dismissing Defendants Davyd Field and Trazom LLC ONLY, without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Mary G Lewis on 1/23/14. (kmca)
January 22, 2014 Filing 511 MOTION for Leave to File Excess Pages #510 motion to dismiss brief by Kathryn Taillon. Response to Motion due by 2/10/2014. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
January 22, 2014 Filing 510 MOTION to Dismiss by Kathryn Taillon. Response to Motion due by 2/10/2014. (Attachments: #1 Memo in Support, #2 Table of Authorities, #3 1 State complaint filed in Lee v Bradford, 2008-CP-39-1184, #4 2 State complaint filed in Bridges v CIF, 2008-CP-23-7457, #5 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
January 22, 2014 Filing 509 SUPPLEMENT by Arthur Field to #507 MOTION to Dismiss brief. (Attachments: #1 Exhibit A Prospecuts Document, #2 Exhibit S State Court amended complaint 2008-CP-23-5514, #3 Certificate of Service)(kmca) (Main Document and Attachment 3 replaced on 1/23/2014: to correct clock stamp date and time) (kmca). Modified on 1/23/2014: to correct Attachment #2 exhibit letter. Note from Pro Se Defendant: "Exhibits C-L-O are in possession of Field and will be filed as exhibits if requested." (kmca).
January 22, 2014 Filing 508 MOTION for Leave to File Excess Pages #507 motion to dismiss brief and #509 supplement by Arthur Field. Response to Motion due by 2/10/2014. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) (Main Document and Attachment 1 replaced on 1/23/2014: to correct clock stamp date and time) (kmca).
January 22, 2014 Filing 507 MOTION to Dismiss by Arthur Field. Response to Motion due by 2/10/2014. (Attachments: #1 Memo in Support, #2 Appendix A-D, #3 Tables, #4 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) (Main Document, Attachment 1 & 4 replaced on 1/23/2014: to correct clock stamp date and time) (kmca). Modified on 2/21/2014: see #509 supplement (kmca).
January 14, 2014 Filing 506 ***DOCUMENT MAILED #505 Order Accepting Report and Recommendation, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, and Mark Davidson (kmca)
January 14, 2014 Opinion or Order Filing 505 ORDER Accepting #478 Report and Recommendation. It is therefore ORDERED that the pending #68 #81 #102 #227 #240 #308 #332 #342 #354 #375 and #461 Motions to Dismiss filed by the respective Defendants and groups of Defendants in this case, be DENIED with leave to re-file supplemental motions addressing: (1) whether the Private Securities Litigation Reform Act, ("PSLRA"), which amends 1964 of the RICO statute, bars Plaintiff's RICO claims; and (2) whether the applicable statute of limitations bars the RICO claims in this case. Signed by Honorable Mary G Lewis on 1/14/14. (kmca)
January 14, 2014 Filing 504 ***DOCUMENT MAILED 503 Notice, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, and Mark Davidson (kmca)
January 14, 2014 Filing 503 NOTICE to all Pro Se Filers: as directed in Judge Austin's orders [Doc. 36, 56, 261, 474] all documents filed MUST include a certificate of service that states who was served, what document was served and how the document was served. This service MUST be on all other Pro Se Filers that have appeared in this case. (kmca)
January 13, 2014 Filing 502 ***DOCUMENT MAILED #501 Deficiency Memo with pages 1 & 2 of #474 Proper Form Order, and sample certificate of service from pro se guide, placed in U.S. Mail to Mark Davidson (kmca)
January 13, 2014 Filing 501 Deficiency Memo: #500 26.01s, no certificate of service to other Pro Se Defendants. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 1/27/2014. (kmca) Modified on 2/3/2014: correction received (kmca).
January 13, 2014 Filing 500 Local Rule 26.01 Answers to Interrogatories by Mark Davidson.(kmca) Modified on 2/3/2014: see #526 certificate of service (kmca).
January 7, 2014 Filing 498 REPLY by Arthur Field to Plaintiff's #490 Objection to Report and Recommendation. (Attachments: #1 Certificate of Service)(kmca)
January 7, 2014 Filing 497 Additional Attachments to Main Document #482 Objection to Report and Recommendation by Arthur Field. First attachment description: Supplement to and Brief in support of #482 Objection to #478 Report. (Attachments: #1 Certificate of Service)(kmca)
January 7, 2014 Filing 496 REPLY by Kathryn Taillon to Plaintiff's #490 Objection to Report and Recommendation. (Attachments: #1 Certificate of Service)(kmca)
January 7, 2014 Filing 495 Additional Attachments to Main Document #480 Objection to Report and Recommendation by Kathryn Taillon. First attachment description: Supplement to and Brief in support of #480 Objection to #478 Report. (Attachments: #1 Certificate of Service)(kmca) Modified on 1/8/2014: to add pro se filer (kmca).
January 7, 2014 Filing 494 Corrected CERTIFICATE OF SERVICE by Arthur Field re #482 Objection to Report and Recommendation. (kmca)
January 7, 2014 Filing 493 Corrected CERTIFICATE OF SERVICE by Kathryn Taillon re #480 Objection to Report and Recommendation. (kmca)
January 6, 2014 Filing 491 OBJECTION to #478 Report and Recommendation by Elliot Salzman.Reply to Objections due by 1/24/2014. (Attachments: #1 Envelope)(kmca)
January 6, 2014 Filing 490 OBJECTION to #478 Report and Recommendation by Capital Investment Funding LLC.Reply to Objections due by 1/24/2014 (Attachments: #1 Certificate of Service)(Pillsbury, Rodney)
January 6, 2014 Filing 489 OBJECTION to #478 Report and Recommendation by Allyson Field.Reply to Objections due by 1/24/2014 (Howe, Jennifer)
January 6, 2014 Filing 488 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #487 Objection to Report and Recommendation (Peavy, Jason)
January 6, 2014 Filing 487 OBJECTION to #478 Report and Recommendation by James Caserta, Martin Ender, David Lorenzo.Reply to Objections due by 1/24/2014 (Peavy, Jason) Modified on 1/7/2014: see #488 certificate of service (kmca).
January 6, 2014 Filing 486 OBJECTION to #478 Report and Recommendation by Stuart Katz.Reply to Objections due by 1/24/2014 (Attachments: #1 Certificate of Service COS)(Coates, William)
January 6, 2014 Filing 485 OBJECTION to #478 Report and Recommendation and Acceptance and Preservation of Objections by Pelican Way Financial LLC.Reply to Objections due by 1/24/2014 (Martin, Bradford)
January 2, 2014 Filing 484 ***DOCUMENT MAILED #481 Deficiency Memo, #483 Deficiency Memo, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson (kmca)
January 2, 2014 Filing 483 Deficiency Memo #482 objection, incorrect certificate of service. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 1/15/2014. (kmca) Modified on 1/8/2014: correction received (kmca).
January 2, 2014 Filing 482 OBJECTION Acceptance and Limited Objection to #478 Report and Recommendation by Arthur Field.Reply to Objections due by 1/21/2014 (kmca) Modified on 1/8/2014: see #494 corrected certificate of service (kmca). Modified on 1/8/2014: see #497 supplement (kmca).
January 2, 2014 Filing 481 Deficiency Memo #480 Objection, incorrect certificate of service. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 1/15/2014. (kmca) Modified on 1/8/2014: correction received (kmca).
January 2, 2014 Filing 480 OBJECTION Acceptance and Limited Objection to #478 Report and Recommendation by Kathryn Taillon.Reply to Objections due by 1/21/2014 (kmca) Modified on 1/8/2014: see #493 corrected certificate of service (kmca). Modified on 1/8/2014: see #495 supplement (kmca).
December 20, 2013 Filing 479 ***DOCUMENT MAILED #478 REPORT AND RECOMMENDATION, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson, Mark Davidson (kmca)
December 20, 2013 Filing 478 REPORT AND RECOMMENDATION that Defendants' #68 , #81 , #102 , #227 , #240 , #308 , #332 , #342 , #354 , #375 , #461 MOTIONs to Dismiss be DENIED with leave to refile only with respect to the PSLRA and statute of limitations arguments as addressed. If the district judge adopts this Report and Recommendation, the undersigned will establish a briefing schedule for the supplemental motions. Objections to R&R due by 1/6/2014. Signed by Magistrate Judge Jacquelyn D Austin on 12/20/13. (Attachments: #1 Notice of Right to File Objections)(kmca)
December 19, 2013 Filing 477 RESPONSE in Opposition re #461 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 12/30/2013 (Attachments: #1 Certificate of Service Plaintiff's Response to Ward's Motion to Dismiss)(Read, John) (Additional attachment added on 12/20/2013: #2 Certificate of Service for Mark Davidson) as provided by filing user (kmca).
December 19, 2013 Filing 476 ***DOCUMENT MAILED #474 Order with LR 26.01s, public docket sheet and copy policy, placed in U.S. Mail to Mark Davidson (kmca)
December 19, 2013 Filing 475 ***DOCUMENT MAILED #474 Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
December 19, 2013 Opinion or Order Filing 474 ORDER directing pro se Defendant Mark Davidson to submit fully completed and signed pro se party's answers to Rule 26.01 interrogatories, and to notify clerk in writing of any change of address. The clerk is directed to mail a copy of the public docket sheet to pro se Defendant Davidson. (Davidson's Answer to LR 26.01 Interrogatories and Certificate of Service due by 1/13/2014.) Signed by Magistrate Judge Jacquelyn D Austin on 12/19/13. (kmca)
December 18, 2013 Filing 471 Pro Se ANSWER to #1 Complaint, #6 Amended Complaint, #11 Second Amended Complaint, by Mark Davidson.(kmca)
December 18, 2013 Filing 470 Pro Se NOTICE of Appearance by Mark Davidson (kmca)
December 6, 2013 Filing 469 ***DOCUMENT MAILED 468 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
December 6, 2013 Opinion or Order Filing 468 TEXT ORDER granting in part and denying in part Plaintiff's #467 Motion for extension of time to file response to Defendant Ward's #461 Motion to Dismiss. The Court grants Plaintiff an additional ten (10) days in which to file a response. Accordingly, Plaintiff's response is due on or before December 19, 2013. (Response to #461 Motion due by 12/19/2013.) Signed by Magistrate Judge Jacquelyn D Austin on 12/6/13.(kmca)
December 5, 2013 Filing 467 MOTION for Extension of Time to File Response/Reply as to #461 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Capital Investment Funding LLC. Response to Motion due by 12/23/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney)
November 21, 2013 Filing 466 ***DOCUMENT MAILED 465 Order on Motion for Protective Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
November 21, 2013 Opinion or Order Filing 465 TEXT ORDER granting Defendant Ward's #462 Motion for protective order and stay of discovery. The Court finds that there are numerous preliminary issues, dispositive of important aspects of this case, which should be decided prior to the commencement of discovery. Thus, pursuant to Rule 26 of the Federal Rules of Civil Procedure, discovery as to Defendant Ward is stayed pending the Court's resolution of his pending #461 Motion to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 11/21/13.(kmca)
November 20, 2013 Filing 464 CERTIFICATE OF SERVICE by Joshua Ward re #462 MOTION for Protective Order and Stay Of Discovery To Pro Se Defendants (Denny, Keith)
November 20, 2013 Filing 463 CERTIFICATE OF SERVICE by Joshua Ward re #461 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Pro Se Defendants (Denny, Keith)
November 20, 2013 Filing 462 MOTION for Protective Order and Stay Of Discovery by Joshua Ward. Response to Motion due by 12/9/2013. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Denny, Keith) Modified on 11/20/2013: see #464 Certificate of Service (kmca).
November 20, 2013 Filing 461 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joshua Ward. Response to Motion due by 12/9/2013. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Denny, Keith) Modified on 11/20/2013: see #463 Certificate of Service (kmca).
November 13, 2013 Filing 460 ***DOCUMENT MAILED 459 Order on Motion for Protective Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
November 13, 2013 Opinion or Order Filing 459 TEXT ORDER granting #457 Motion for protective order by Defendants James Caserta, Martin Ender, and David Lorenzo. Presently pending before the Court is the Defendants' #308 Motion to dismiss Plaintiff's Second Amended Complaint arguing, among other things, that the Court lacks personal jurisdiction. Consequently, the Court must determine whether jurisdiction over these parties is proper before addressing the merits of Plaintiff's claims. Thus, in the interest of judicial economy, considering the hardship to the Defendants if a stay is denied, and finding no prejudice to Plaintiff if the motion is decided prior to commencing discovery, the Court finds a stay of discovery is appropriate until the Court has ruled on Defendants' #308 motion to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 11/13/13.(kmca)
November 8, 2013 Filing 458 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #457 MOTION for Protective Order (Peavy, Jason)
November 8, 2013 Filing 457 MOTION for Protective Order by James Caserta, Martin Ender, David Lorenzo. Response to Motion due by 11/25/2013. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Peavy, Jason) Modified on 11/12/2013: to remove proposed order (kmca).
November 7, 2013 Filing 456 REPLY to Response to Motion re #375 MOTION to Appoint Receiver MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Pelican Way Financial LLC. (Martin, Bradford)
November 1, 2013 Filing 455 ***DOCUMENT MAILED 454 Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
November 1, 2013 Opinion or Order Filing 454 TEXT ORDER granting #446 , #448 , #451 , #453 Motions stay discovery and for protective order filed by Defendants Arthur Field, Elliot Salzman, Pelican Way Financial, LLC and Allyson Field, respectively. The Court finds that there are numerous preliminary issues, dispositive of important aspects of this case, which should be decided prior to the commencement of discovery. Thus, pursuant to Rule 26 of the Federal Rules of Civil Procedure, discovery as to Defendants Arthur Field, Elliot Salzman, Pelican Way Financial, LLC and Allyson Field is stayed pending the Court's resolution of pending #81 , #240 , #342 #375 Motions to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 11/1/13.(kmca)
October 30, 2013 Filing 453 MOTION for Protective Order and Stay of Discovery and Notice of Joinder by Allyson Field. Response to Motion due by 11/18/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Howe, Jennifer) (Attachment 1 replaced on 10/31/2013: to replace with corrected document) (kmca).
October 29, 2013 Filing 452 DELETION OF DOCKET ENTRY NUMBERS: #449 Notice of Change of Address; #450 Certificate of Service. Reason: not filed with the court. (kmca)
October 29, 2013 Filing 451 MOTION for Protective Order and Stay of Discovery by Pelican Way Financial LLC. Response to Motion due by 11/15/2013. No proposed order.Motions referred to Jacquelyn D Austin.(Martin, Bradford)
October 29, 2013 Filing 448 MOTION to Stay Discovery and for Protective Order and other relief by Elliot Salzman. Response to Motion due by 11/15/2013. (Attachments: #1 Cover letter, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
October 29, 2013 Filing 447 ***DOCUMENT MAILED: Defendant's copy of #446 MOTION to Stay Discovery, placed in U.S. Mail to Arthur Field in self-addressed, stamped envelope. (kmca)
October 29, 2013 Filing 446 MOTION to Stay Discovery and for Protective Order and other relief by Arthur Field. Response to Motion due by 11/15/2013. (Attachments: #1 Cover letter, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
October 29, 2013 Filing 445 ***DOCUMENT MAILED 444 Order on Motion for Protective Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
October 29, 2013 Opinion or Order Filing 444 TEXT ORDER granting Defendant Katz's #443 Motion for protective order and stay of discovery. The Court finds that there are numerous preliminary issues, dispositive of important aspects of this case, which should be decided prior to the commencement of discovery. Thus, pursuant to Rule 26 of the Federal Rules of Civil Procedure, discovery as to Defendant Katz is stayed pending the Court's resolution of his pending #332 Motion to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 10/29/13.(kmca)
October 28, 2013 Filing 443 MOTION for Protective Order and Stay of Discovery and Notice of Joinder by Stuart Katz. Response to Motion due by 11/15/2013. (Attachments: #1 Certificate of Service of Def. Katz's Motion for a Protective Order and Stay of Discovery and Notice of Joinder)No proposed order.Motions referred to Jacquelyn D Austin.(Coates, William)
October 25, 2013 Filing 442 ***DOCUMENT MAILED 441 Order on Motion to Stay, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
October 25, 2013 Opinion or Order Filing 441 TEXT ORDER granting Defendant Trazom and Defendant Davyd Field's #440 Joint Motion to stay discovery and for protective order. Presently pending before the Court are Defendants' (1) Motions to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [Docs. 102, 227] and, (2) Joint Motion to stay discovery pursuant to Rule 26(c) pending a decision on the defendants' pending motions to dismiss, or for a protective order. The Court finds that there are numerous preliminary issues, dispositive of important aspects of this case, which should be decided prior to the commencement of discovery. Thus, pursuant to Rule 26 of the Federal Rules of Civil Procedure, discovery as to Defendants Trazom and Davyd Field is stayed pending the Court's resolution of their pending #102 #227 Motions to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 10/25/13.(kmca)
October 24, 2013 Filing 440 Joint MOTION to Stay Discovery and Motion for Protective Order by Davyd Field, Trazom LLC. Response to Motion due by 11/12/2013. (Attachments: #1 Exhibit Plaintiff's First Set of Discovery Requests, #2 Supporting Documents Unpublished Cases, #3 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Patel, Sima)
October 24, 2013 Filing 439 NOTICE of Appearance by Andrew Addison Mathias on behalf of Davyd Field, Trazom LLC (Mathias, Andrew) (Main Document 439 replaced on 10/24/2013: to replace with corrected document per filing user request and as provided by filing user) (kmca).
October 24, 2013 Filing 438 ***DOCUMENT MAILED #434 Order Adopting Report and Recommendation, 435 Order on Motion for Extension of Time to File Response/Reply, 436 Order on Motion for Extension of Time to File Response/Reply, 437 Order on Motion to Stay & for Protective Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
October 24, 2013 Opinion or Order Filing 437 TEXT ORDER granting Defendant Taillon's #433 Motion to stay discovery and for protective order. Presently pending before the Court are Defendant Taillon's (1) motion to dismiss the complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and (2) for a stay of discovery and all other proceedings, pursuant to the Private Securities Litigation Reform Act ("PSLRA'), 15 U.S.C. 78u4(b)(3)(B), or for a protective order to stay discovery pursuant to Rule 26(c), pending a decision on the defendant's #68 Motion to dismiss. While the Court has not decided the applicability of the PSLRA to this matter, the Court does find that there are numerous preliminary issues, dispositive of some important aspects of this case, which should be decided prior to the commencement of discovery. Thus, pursuant to Rule 26 of the Federal Rules of Civil Procedure, discovery as to Defendant Taillon is stayed pending the Court's resolution of her pending #68 Motion to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 10/24/13.(kmca)
October 24, 2013 Opinion or Order Filing 436 TEXT ORDER granting Defendant Pelican Way's #431 Consent Motion for extension of time to file reply to #428 Response in opposition to #375 Motion to dismiss. Defendant Pelican Way's reply is due on or before November 7, 2013. Signed by Magistrate Judge Jacquelyn D Austin on 10/24/13.(kmca)
October 24, 2013 Opinion or Order Filing 435 TEXT ORDER granting Defendant Salzman's #423 Motion for extension of time to file a reply to Plaintiff's #396 Response in opposition to #342 Motion to Dismiss. Defendant Salzman's reply was filed on October 15, 2013, and the Court will consider the reply when ruling on the underlying motion. Signed by Magistrate Judge Jacquelyn D Austin on 10/24/13.(kmca)
October 24, 2013 Opinion or Order Filing 434 ORDER Adopting #369 Report and Recommendation. It is therefore ORDERED that Defendant's #77 Motion to dismiss is DENIED. Signed by Honorable Mary G Lewis on 10/24/13. (kmca)
October 23, 2013 Filing 433 MOTION to Stay Discovery and MOTION for Protective Order and other relief by Kathryn Taillon. (Response to Motion due by 11/12/2013.) NOTE: motion received with blank page between page 4 & 5 (Attachments: #1 Plaintiff's first set of interrogatories to Defendants, #2 Plaintiff's first set of requests for production to Defendants)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 10/23/2013: to add note about blank page in motion (kmca).
October 22, 2013 Filing 431 Consent MOTION for Extension of Time to File Response/Reply as to #428 Response in Opposition to Motion, by Pelican Way Financial LLC. Response to Motion due by 11/8/2013. No proposed order.Motions referred to Jacquelyn D Austin.(Teer, Laura) (Main Document 431 replaced on 10/23/2013: to replace with corrected certificate of service as provided by filing user) (kmca).
October 16, 2013 Filing 428 RESPONSE in Opposition re #375 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pelican Way. Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 10/28/2013 (Attachments: #1 Certificate of Service)(Read, John) Modified on 10/17/2013: to edit text (kmca).
October 15, 2013 Filing 427 REPLY to #396 Response to #342 MOTION to Dismiss. Reply filed by Elliot Salzman. (Attachments: #1 Exhibit A amended complaint in case 2-08-4714-JLL-CCC, #2 Exhibit B opinion in case 2-08-4714-JLL, #3 Exhibit C order in case 2-08-4714-JLL, #4 Exhibit D brief of Plaintiff in Superior Court of NJ, #5 Certificate of Service, #6 Cover page, #7 Envelope)(kmca)
October 15, 2013 Filing 426 NOTICE of Change of Address by Pro Se Defendant Elliot Salzman to 200 Birchall Lane, Apt #108, Hoover, AL 35226 (record updated). (Attachments: #1 Certificate of Service, #2 Cover letter, #3 Envelope)(kmca) NOTE TO ALL FILERS, PLEASE UPDATE YOUR RECORDS ACCORDINGLY.
October 3, 2013 Filing 425 CERTIFICATE OF SERVICE by Stuart Katz re #424 Additional Attachments to Main Document Attachment 1 to Def. Katz Reply Memo in Further Support of His Motion to Dismiss (Coates, William)
October 3, 2013 Filing 424 Additional Attachments to Main Document #421 Reply to Response to Motion,. First attachment description: Attachment 1 - CIF's Amended New Jersey Complaint . (Coates, William)
October 1, 2013 Filing 423 MOTION for Extension of Time to File Reply as to #396 Response in Opposition to #342 Motion to Dismiss by Elliot Salzman. Response to Motion due by 10/18/2013. (Attachments: #1 Certificate of Service, #2 Cover letter, #3 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
September 30, 2013 Filing 421 REPLY to #393 Response to Motion re #332 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Reply filed by Stuart Katz. (kmca) Document re-filed by clerk to correct event type. Modified on 10/1/2013: to change document number back to original filing number(kmca). Modified on 10/4/2013: see #424 CIF's Amended New Jersey Complaint (kmca).
September 30, 2013 Filing 422 CERTIFICATE OF SERVICE by Stuart Katz re #421 Response in Support of Motion in Further Support of Defendant Katz Motion to Dismiss (Coates, William)
September 24, 2013 Filing 420 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #419 Reply to Response to Motion to Dismiss (Peavy, Jason)
September 24, 2013 Filing 419 REPLY to Response to Motion re #308 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by James Caserta, Martin Ender, David Lorenzo. (Attachments: #1 Exhibit 2008 Complaint)(Peavy, Jason) Modified on 9/25/2013: see #420 certificate of service (kmca).
September 24, 2013 Filing 418 ***DOCUMENT MAILED 417 Order on Motions for Extension of Time, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
September 24, 2013 Opinion or Order Filing 417 TEXT ORDER granting Plaintiff's #381 Motion for Extension of Time to File Response/Reply to Defendant Pelican Way's #375 MOTION TO DISMISS. Plaintiff's response is due on or before October 16, 2013. ORDER granting Defendants' #412 Motion for Extension of Time to File Reply to Plaintiff's #384 response to #308 MOTION TO DISMISS. Defendants' reply is due on or before September 24, 2013. Signed by Magistrate Judge Jacquelyn D Austin on 9/24/13.(kmca)
September 24, 2013 Filing 415 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #414 Response in Opposition to Motion (Read, John) (Main Document 415 replaced on 9/24/2013: to replace with corrected document as provided by filing user) (kmca).
September 23, 2013 Filing 414 RESPONSE in Opposition re #354 MOTION to Dismiss by Ezell et al. (Spartanburg Defendants) Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 10/3/2013 (Read, John) Modified on 9/24/2013: see #415 certificate of service (kmca).
September 23, 2013 Filing 413 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo re #412 MOTION for Extension of Time to File Response/Reply Reply to Plaintiff's Response to Motion to Dismiss (Peavy, Jason)
September 23, 2013 Filing 412 MOTION for Extension of Time to File Response/Reply Reply to Plaintiff's #384 Response to #308 Motion to Dismiss by James Caserta, Martin Ender, David Lorenzo. Response to Motion due by 10/10/2013. No proposed order.Motions referred to Jacquelyn D Austin.(Peavy, Jason) Modified on 9/24/2013: see #413 certificate of service. Modified on 9/24/2013: to edit text (kmca).
September 23, 2013 Filing 411 CERTIFICATE OF SERVICE by Arthur Field, Kathryn Taillon re #387 Rule 26(f) Report. (Attachments: #1 Envelope)(kmca)
September 20, 2013 Filing 409 ***DOCUMENT MAILED 408 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
September 20, 2013 Opinion or Order Filing 408 TEXT ORDER granting #398 Motion for extension of time to file reply brief by Defendant Stuart Katz. Defendant Katz's reply brief is due on or before October 3, 2013. (Reply to #393 response to #332 motion to dismiss due by 10/3/2013.) Signed by Magistrate Judge Jacquelyn D Austin on 9/20/13.(kmca)
September 19, 2013 Filing 407 ***DOCUMENT MAILED 406 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman, Jan Davidson (kmca)
September 19, 2013 Opinion or Order Filing 406 TEXT ORDER granting #256 Motion for extension of time to file response/reply. When making a recommendation on #227 Motion to dismiss, the Court will consider Plaintiff's #318 response in opposition, which was filed August 7, 2013. Signed by Magistrate Judge Jacquelyn D Austin on 9/19/13.(kmca)
September 19, 2013 Filing 405 CERTIFICATE OF SERVICE by Stuart Katz re #398 MOTION for Extension of Time to File Response/Reply as to #393 Response in Opposition to Motion, (Coates, William)
September 19, 2013 Filing 404 ***DOCUMENT MAILED 401 Order on Motion to Withdraw as Attorney, #366 Amended Scheduling Order, placed in U.S. Mail to Jan Davidson (kmca)
September 19, 2013 Filing 403 ***DOCUMENT MAILED 401 Order on Motion to Withdraw as Attorney, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
September 19, 2013 Opinion or Order Filing 401 TEXT ORDER granting #395 Motion to Withdraw as Attorney. C. Grant Varner is, hereby, relieved as counsel. Defendant Jan Davidson will proceed pro se in this matter. NOTE: All future filings will need to be served on pro se Defendant Jan Davidson. Signed by Magistrate Judge Jacquelyn D Austin on 9/19/13.(kmca)
September 19, 2013 Filing 399 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #396 Response in Opposition to Motion. (kmca) Entry #397 deleted and Document re-filed by clerk to correct event type. (kmca)
September 19, 2013 Filing 398 MOTION for Extension of Time to File Response/Reply as to #393 Response in Opposition to Motion, by Stuart Katz. Response to Motion due by 10/7/2013. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Coates, William) Modified on 9/19/2013: see #405 certificate of service (kmca).
September 18, 2013 Filing 396 RESPONSE in Opposition re #342 MOTION to Dismiss by Elliot Salzman Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 9/30/2013 (Read, John) Modified on 9/19/2013: see #399 certificate of service (kmca).
September 18, 2013 Filing 395 MOTION to Withdraw as Attorney by Jan Davidson. Response to Motion due by 10/7/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Varner, Charles) (Main Document 395 and Attachment 1 replaced on 9/19/2013: to replace with corrected documents as provided by filing user) (kmca).
September 16, 2013 Filing 393 RESPONSE in Opposition re #332 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 9/26/2013 (Attachments: #1 Certificate of Service)(Read, John)
September 13, 2013 Filing 392 Local Rule 26.03 Answers to Interrogatories by Capital Investment Funding LLC. (Attachments: #1 Certificate of Service)(Pillsbury, Rodney)
September 12, 2013 Filing 389 ***DOCUMENT MAILED #388 Deficiency Memo, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
September 12, 2013 Filing 388 Deficiency Memo: #387 Rule 26(f) Report, no certificate of service. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 9/23/2013. (kmca) Modified on 9/23/2013: correction received (kmca).
September 11, 2013 Filing 387 Rule 26(f) Report by Capital Investment Funding LLC, James Caserta, Jan Davidson, Martin Ender, Allyson Field, Arthur Field, Stuart Katz, David Lorenzo, Kathryn Taillon.(kmca) Modified on 9/23/2013: see #411 certificate of service (kmca).
September 11, 2013 Filing 386 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #381 MOTION for Extension of Time to File Response/Reply as to #375 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pillsbury, Rodney) Modified on 9/12/2013: to edit text (kmca).
September 11, 2013 Filing 385 Local Rule 26.03 Answers to Interrogatories by Pelican Way Financial LLC.(Martin, Bradford)
September 11, 2013 Filing 384 RESPONSE in Opposition re #308 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ender, Lorenzo, Caserta, Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 9/23/2013 (Attachments: #1 Certificate of Service)(Read, John) (Attachment 1 replaced on 9/12/2013: to replace with corrected document as provided by filing user) (kmca).
September 11, 2013 Filing 383 ***DOCUMENT MAILED 382 Clerk's Entry of Default, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
September 11, 2013 Filing 382 Clerk's ENTRY OF DEFAULT as to Gene Ahlers, Aladdin's Grill and Cafe LLC, Alliance Development Partners LLC, Apex Construction, Asante Properties LLC, Blenheim Properties LLC, Bolingbroke United Ltd, Bountiful Bingo LLC, Bradford Financial Group LLC, Capital Intrastate Funding LLC, Community South Bank and Trust, Philip Davidson, Dunross Straun LLC, Anthony Edgar, He Will Provide LLC, Melinda Holbrooks, Brad Kelley, Johnny M Kelley, Krondor Trading Co LLC, Lancaster Mortgage Bankers, Lion Financial LLC, Lot 37 Waters Edge LLC, Lot 6 Lakewater Cove LLC, Mithril Funding LLC, Monmouth Financial Group Ltd, RAAF Enterprises LLC, Seed Construction, Southridge Construction Inc, Tcholok Properties LLC, York Mortgage Funding LLC (kmca)
September 10, 2013 Filing 381 Revised MOTION for Extension of Time to File Response/Reply as to #375 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Capital Investment Funding LLC. Response to Motion due by 9/27/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney) (Main Document 381 replaced on 9/11/2013: to replace with corrected document as provided by filing user) (kmca). Modified on 9/12/2013: see #386 certificate of service on revised motion (kmca).
September 10, 2013 Filing 380 REQUEST FOR ENTRY OF DEFAULT byCapital Investment Funding LLC. (Attachments: #1 Affidavit in Support of Entry of Default, #2 Affidavit of Service of Gene Ahlers, #3 Affidavit of Service of Aladdin's Grill & Cafe, #4 Affidavit of Service of Alliance Development, LLC, #5 Affidavit of Service of Apex Construction, #6 Affidavit of Service of Asante Properties LLC (a/k/a Asante, LLC), #7 Affidavit of Service of Blenheim Properties, LLC, #8 Affidavit of Service of Bolingbroke United (England), Ltd., #9 Affidavit of Service of Bountiful Bingo, LLC, #10 Affidavit Bradford Financial Group, LLC, #11 Affidavit of Service of Capital Intrastate Funding, LLC, #12 Affidavit of Service of CommunitySouth Bank & Trust, #13 Affidavit of Service of Philip Davidson, #14 Affidavit of Service of Dunross Straun, LLC, #15 Affidavit of Service of Anthony Edgar, #16 Affidavit of Service of He Will Provide, LLC, #17 Affidavit of Service of Melinda Holbrooks, #18 Affidavit of Service of Brad Kelley, #19 Affidavit of Service of Johnny Kelley, #20 Affidavit of Service of Krondor Trading Co., LLC, #21 Affidavit of Service of Lancaster Mortgage Bankers, LLC, #22 Affidavit of Service of Lion Financial, LLC, #23 Affidavit of Service of Lot 6 Lakewater Cove, LLC, #24 Affidavit of Service of Lot 37 Waters Edge, LLC, #25 Affidavit of Service of Mithril Funding, LLC, #26 Affidavit of Service of Monmouth Financial Group, Ltd., #27 Affidavit of Service of RAAF Enterprises, LLC, #28 Affidavit of Service of Seed Construction, #29 Affidavit of Service of Southridge Construction, Inc., #30 Affidavit of Service of Tcholok Properties, LLC, #31 Affidavit of Service of York Mortgage Funding, LLC, #32 Certificate of Service)(Pillsbury, Rodney)
September 10, 2013 Filing 379 SUMMONS Returned Executed by Capital Investment Funding LLC. AMENDED (Attachments: #1 Amended Affidavit of Service of Bolingbroke United (England) Ltd., #2 Amended Affidavit of Service of Lancaster Mortgage Bankers, LLC, #3 Amended Affidavit of Service of RAAF Enterprises, LLC, #4 Certificate of Service)(Pillsbury, Rodney)
September 6, 2013 Filing 378 ***DOCUMENT MAILED 377 Order on Motion for Leave to File, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
September 6, 2013 Opinion or Order Filing 377 TEXT ORDER denying #183 Motion for Leave to File Second Third Party Complaint. Rule 14(a)(1) of the Federal Rules of Civil Procedure states that a defendant may bring a third-party complaint against "a nonparty who is or may be liable to it for all or part of the claim against it." Fed. R. Civ. P. 14(a)(1). "[T]he decision to permit joinder [under Rule 14] rests with the sound discretion of the trial court." Carolina Asphalt Paving, Inc. v. Balfour Beatty Const., Inc., 225 F.R.D. 522, 524 (D.S.C. 2004) (citations omitted). Consequently, the court may also exercise its discretion to deny leave to file a third-party complaint even if the complaint otherwise satisfies the requirements of Rule 14. "Presumably a court, called upon to exercise its discretion as to impleader, must balance the desire to avoid circuity of actions and to obtain consistent results against any prejudice that the [non-moving party] might suffer from complications of the case." Id. (citation omitted). Upon consideration of Defendants' rather lengthy and convoluted proposed third-party complaint, the Court finds that the proper exercise of discretion requires that the motion be denied. Importantly, Defendants Field and Taillon do not allege that any of the defendants in the proposed third-party complaint are liable for all or part of the claim against them; neither do they make a claim for contribution or indemnification. Thus, the motion is denied. Signed by Magistrate Judge Jacquelyn D Austin on 9/6/13.(kmca)
August 28, 2013 Filing 375 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's #11 Second Amended Complaint by Pelican Way Financial LLC. (Response to Motion due by 9/16/2013.) (Attachments: #1 Memo in Support)No proposed order.Motions referred to Jacquelyn D Austin.(Martin, Bradford) Modified on 8/29/2013: to edit docket text as requested by filing user (kmca).
August 28, 2013 Filing 374 Local Rule 26.01 Answers to Interrogatories by Pelican Way Financial LLC.(Martin, Bradford)
August 28, 2013 Filing 373 Defendant Joshua Ward's ANSWER to #11 Second Amended Complaint, by Joshua Ward.(Denny, Keith) (Main Document 373 replaced on 9/3/2013: to replace with correct document as provided by filing user). (Additional attachment added on 9/3/2013, as provided by filing user: #1 Certificate of Service) (kmca).
August 23, 2013 Filing 371 ***DOCUMENT MAILED #369 REPORT AND RECOMMENDATION re Holbrooks' #77 MOTION to Dismiss, #370 Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
August 23, 2013 Opinion or Order Filing 370 ORDER granting Pelican Way's #185 Motion to set aside the Clerk's entry of default, and finding as moot Pelican Way's #317 Motion for leave to file a supplemental memorandum. Pelican Way is directed to file a responsive pleading and Answers to Local Rule 26.01 Interrogatories within five days of the entry of this Order. Signed by Magistrate Judge Jacquelyn D Austin on 8/23/13.(kmca)
August 23, 2013 Filing 369 REPORT AND RECOMMENDATION that James Nathan Holbrooks' #77 MOTION to Dismiss be DENIED. Objections to R&R due by 9/9/2013. Signed by Magistrate Judge Jacquelyn D Austin on 8/23/13. (Attachments: #1 Notice of Right to File Objections)(kmca)
August 22, 2013 Filing 368 Local Rule 26.03 Answers to Interrogatories by Allyson Field. (Attachments: #1 Certificate of Service)(Howe, Jennifer)
August 20, 2013 Filing 367 ***DOCUMENT MAILED #366 Amended Scheduling Order, placed in U.S. Mail to Arthur Field with blank 26(f) report (#364 LR 26.03 filed 8/19/13), Kathryn Taillon with blank 26(f) report (#307 LR 26.03 filed 8/5/13), James Nathan Holbrooks with blank 26(f) report and blank LR 26.03 form, Elliot Salzman with blank 26(f) report and blank LR 26.03 form (kmca) Modified on 8/20/2013: to add forms mailed (kmca).
August 20, 2013 Opinion or Order Filing 366 AMENDED SCHEDULING ORDER: 26(a) Initial Disclosures due by 9/11/2013, Rule 26 Report due by 9/11/2013, Motions to Amend Pleadings due by 9/25/2013, Records Custodian Affidavit due by 12/16/2013, Fact Discovery due by 3/31/2014, Plaintiffs ID of Expert Witness due by 4/21/2014, Defendants ID of Expert Witnesses Due by 5/20/2014, Expert Discovery due by 6/30/2014, Motions due by 7/21/2014, Mediation Due by 8/20/2014, Rule 26(a)(3) Disclosures due by 9/15/2014, Motion in Limine due by 9/30/2014, Jury Selection Deadline 11/3/2014. Signed by Magistrate Judge Jacquelyn D Austin on 8/20/13. (kmca)
August 19, 2013 Filing 365 REPLY to Response to Motion re #227 MOTION to Dismiss Plaintiff's Second Amended Complaint Response filed by Davyd Field. (Attachments: #1 Certificate of Service)(Patel, Sima)
August 19, 2013 Filing 364 Rule 26(f) Report by Capital Investment Funding LLC, Stuart Katz, Jan Davidson, Allyson Field, David Lorenzo, James Caserta, Martin Ender, Trazom LLC, Davyd Field, Advance Business Funding LLC, Ezell Investment Company LLC, Instant Cash Inc, Barry Lynn Spencer, Benjamin Hine, Roger Ezell, Pelican Way Financial LLC. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Pillsbury, Rodney) Modified on 8/20/2013: to add filers listed on document (kmca). (Attachment 1 replaced on 8/20/2013: to replace with corrected document as provided by filing user) (kmca).
August 19, 2013 Filing 363 CERTIFICATE OF SERVICE by Advance Business Funding LLC, Roger Ezell, Ezell Investment Company LLC, Benjamin Hines, Instant Cash Inc, Barry Lynn Spencer re #354 MOTION to Dismiss (Anthony, Kenneth)
August 19, 2013 Filing 362 ***DOCUMENT MAILED 361 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
August 19, 2013 Opinion or Order Filing 361 TEXT ORDER GRANTING #357 , #358 , #359 and #360 Motions for extension of time. Plaintiff's response to #308 Motion to dismiss by Caserta, Ender & Lorenzo is due on September 11, 2013; Plaintiff's response to #332 Motion to dismiss by Katz is due on September 16, 2013; Plaintiff's response to #342 Motion to dismiss by Salzman is due on September 18, 2013; and Plaintiff's response to #354 Motion to dimiss by Advance Business Funding LLC, Ezell Investment Company LLC, Instant Cash Inc, Ezell, Hines & Spencer is due on September 23, 2013. (Response to #308 Motion due by 9/11/2013. Response to #332 Motion due by 9/16/2013. Response to #342 Motion due by 9/18/2013. Response to #354 Motion due by 9/23/2013.) Signed by Magistrate Judge Jacquelyn D Austin on 8/19/13.(kmca)
August 16, 2013 Filing 360 MOTION for Extension of Time to File Response/Reply as to #354 MOTION to Dismiss by Capital Investment Funding LLC. Response to Motion due by 9/3/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Read, John)
August 16, 2013 Filing 359 MOTION for Extension of Time to File Response/Reply as to #342 MOTION to Dismiss by Capital Investment Funding LLC. Response to Motion due by 9/3/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Read, John)
August 16, 2013 Filing 358 MOTION for Extension of Time to File Response/Reply as to #332 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Capital Investment Funding LLC. Response to Motion due by 9/3/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Read, John)
August 16, 2013 Filing 357 MOTION for Extension of Time to File Response/Reply as to #308 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Capital Investment Funding LLC. Response to Motion due by 9/3/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Read, John)
August 16, 2013 Filing 354 MOTION to Dismiss Second Amended Complaint by Advance Business Funding LLC, Roger Ezell, Ezell Investment Company LLC, Benjamin Hines, Instant Cash Inc, Barry Lynn Spencer. Response to Motion due by 9/3/2013. (Attachments: #1 Memo in Support, #2 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Anthony, Kenneth) Modified on 8/16/2013: to edit text (kmca). Modified on 8/19/2013: see #363 signed Certificate of Service (kmca).
August 15, 2013 Filing 353 ***DOCUMENT MAILED 351 Order on Motion to Amend/Correct, Order on Motion to Stay, Order on Motion for Protective Order; 352 Order on Motion to Supplement, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
August 15, 2013 Opinion or Order Filing 352 TEXT ORDER denying #350 Motion to Supplement titled: Motion to take judicial notice in support of #68 , #81 , #102 , #227 , #240 , #308 and #332 Motions to dismiss by Kathryn Taillon as untimely and an improper attempt to practice law in this District on behalf of other pro se Defendants and/or corporate Defendants who are represented by counsel. First, Defendant Taillon's #68 Motion to dismiss has been fully briefed and is presently under consideration by this Court. The Court will not accept any further supplemental motions filed with respect to the #68 Motion to dismiss. Second, Defendant Taillon is not a admitted to practice in this Court and, thus, is not authorized to represent another pro se Defendant or Corporate Defendant in this Court, particularly a Defendant already represented by counsel. Accordingly, Defendant Taillon is Ordered to cease making filings in this Court on behalf of anyone other than herself. Additionally, Defendant Taillon is Ordered to cease filing supplements to the pending #68 Motion to dismiss. Further inappropriate filings may result in the imposition of sanctions by this Court. Signed by Magistrate Judge Jacquelyn D Austin on 8/15/13.(kmca)
August 15, 2013 Opinion or Order Filing 351 TEXT ORDER denying #349 Motion to amend/correct/modify #160 Scheduling Order and denying #349 Motion to Stay Discovery and for Protective Order. The Court directed Plaintiff to initiate and file a joint 26(f) report and proposed scheduling order which is expected to be filed on August 19, 2013 [Doc. 299]. Accordingly, the Court will consider any proposed amendments at that time. Defendant Fields does not allege he has been served with any discovery requests. Accordingly, the relief he seeks (a stay of discovery and protective order) is premature. Signed by Magistrate Judge Jacquelyn D Austin on 8/15/13.(kmca)
August 14, 2013 Filing 350 MOTION to Supplement titled: Motion to take judicial notice in support of motions to dismiss re #68 MOTION to Dismiss, #81 MOTION to Dismiss, #102 MOTION to Dismiss Plaintiff's Second Amended Complaint, #227 MOTION to Dismiss Plaintiff's Second Amended Complaint, #240 MOTION to Dismiss, #308 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #332 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, by Kathryn Taillon. Response to Motion due by 9/3/2013. (Attachments: #1 Exhibit A Amended complaint in CIF v LRI No 08-4717, #2 Exhibit B Order dated 5-8-08 in TOMZ v CIF & Field 2008-CP-23-3665, #3 Exhibit C Order dated 6-16-09 in TOMZ v CIF & Field 2008-CP-23-3665, #4 Exhibit D Affidavit of Jordan attached to order dated 6-16-09 in 2008-CP-23-3665, #5 Exhibit E Certrified transcript 6-17-09 in consolidated cases 2008-CP-23-3665, 2008-CP-23-5514, #6 Exhibit F Order 6-22-09 in 2008-CP-23-3665, 2008-CP-23-5514, #7 Exhibit G Affidavit of Windsor 7-2-09 in 2008-CP-23-3665, 2008-CP-23-5514, #8 Exhibit H Certified transcript TRO Hearing 7-2-09 in 2008-CP-23-3665, 2008-CP-23-5514, #9 Exhibit I Order 7-7-09 in 2008-CP-23-3665, 2008-CP-23-5514, #10 Exhibit J Order 10-23-09 per Miller in 2008-CP-23-3665, 2008-CP-39-1184, #11 Exhibit K Certified transcript special meeting per Miller in 2008-CP-23-3665, 2008-CP-23-5514, 2008-CP-39-1184, #12 Exhibit L Complaint filed 7-23-08 in 2008-CP-39-1184, #13 Exhibit M Complaint 7-2008 Amended Complaint 8-7-08 in 2008-CP-23-5514, #14 Exhibit N Fraud examination of CIF 9-15-08, #15 Exhibit O Order 6-19-09 in 08-4717, #16 Exhibit P Order 1-29-13 in 08-4717, #17 Exhibit Q Deposition of Eric Pantsari 10-3-08 in 2008-CP-23-3665)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
August 14, 2013 Filing 349 MOTION to Amend/Correct modify #160 Scheduling Order, MOTION to Stay discovery, MOTION for Protective Order and other relief by Arthur Field. (Response to Motion due by 9/3/2013.) (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
August 14, 2013 Filing 348 ***DOCUMENT MAILED 347 Order on Motion to Supplement, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
August 14, 2013 Opinion or Order Filing 347 TEXT ORDER denying #343 Pro Se Motion to Supplement titled: Affidavit. Pro se Defendant Salzman is attempting to file an affidavit to supplement Defendant Taillon's #68 motion to dismiss and Defendant Allyson Field's #240 motion to dismiss. Defendant Salzman, however, is not representing either party to this action and is not authorized to supplement their filings. Accordingly, his motion is denied. Signed by Magistrate Judge Jacquelyn D Austin on 8/14/13.(kmca)
August 13, 2013 Filing 346 ***DOCUMENT MAILED 345 Order on Motion for Leave to File Excess Pages, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
August 13, 2013 Opinion or Order Filing 345 TEXT ORDER granting #341 Motion for leave to file excess pages re #342 memorandum of law by pro se Defendant Elliot Salzman. Signed by Magistrate Judge Jacquelyn D Austin on 8/13/13.(kmca)
August 12, 2013 Filing 344 DELETION OF DOCKET ENTRY NUMBER #340 affidavit. Reason: re-docketed as a motion per chambers. Corrected Filing Document Number #343 Pro Se MOTION to Supplement. Modified filing date to that of original filing: 8/12/13. (kmca)
August 12, 2013 Filing 343 Pro Se MOTION to Supplement titled: Affidavit, re Kathryn Taillon's #68 MOTION to Dismiss, MOTION for Extension of Time to File Answer, and Allyson Field's #240 MOTION to Dismiss; by Elliot Salzman. Response to Motion due by 8/29/2013. (Attachments: #1 Certificate of Service, #2 Cover letter, #3 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Document re-filed by clerk to correct event per chambers.
August 12, 2013 Filing 342 MOTION to Dismiss titled: Notice of Motion to Dismiss by Elliot Salzman. Response to Motion due by 8/29/2013. (Attachments: #1 Memo in Support, #2 Exhibit A Unpublished decision Guaranteed Rate Inc v Warren Barr et al, #3 Exhibit B Unpublished decision Robyn Adolphe v Option One Mortgage Corp et al, #4 Certification, #5 Certificate of Service, #6 Cover letter, #7 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
August 12, 2013 Filing 341 MOTION for Leave to File Excess Pages for #342 Motion to Dismiss Memorandum of Law by Elliot Salzman. Response to Motion due by 8/29/2013. (Attachments: #1 Certificate of Service, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 8/12/2013: to add link to #342 motion (kmca).
August 8, 2013 Filing 338 CERTIFICATE OF SERVICE by Stuart Katz re #332 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #333 Additional Attachments to Main Document, #334 Rule 26 Discovery Plan, #335 LR 26.03 answers (Coates, William) Modified on 8/9/2013: to edit name of #335 entry (kmca).
August 8, 2013 Filing 337 CERTIFICATE OF CONSULTATION byPelican Way Financial LLC re #317 MOTION for Leave to File Supplemental Memorandum in Support of Motion to Set Aside Entry of Default. (Teer, Laura)
August 8, 2013 Filing 336 NOTICE of Appearance by Laura WH Teer on behalf of Pelican Way Financial LLC (Teer, Laura)
August 8, 2013 Filing 335 Local Rule 26.03 Answers to Interrogatories by Barry Lynn Spencer.(kmca) Re-filed by clerk to correct event type. Modified on 8/8/2013: to change docket number back to original number (kmca). Modified on 8/9/2013: see #338 certificate of service (kmca).
August 8, 2013 Filing 334 Rule 26 Outline of Discovery Plan by Stuart Katz.(Coates, William) Modified on 8/9/2013: see #338 certificate of service (kmca).
August 8, 2013 Filing 333 Additional Attachments to Main Document #332 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . First attachment description: Unpublished Cases . (Coates, William) Modified on 8/9/2013: see #338 certificate of service (kmca).
August 8, 2013 Filing 332 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Stuart Katz. Response to Motion due by 8/26/2013. (Attachments: #1 Memo in Support of Motion to Dismiss)No proposed order.Motions referred to Jacquelyn D Austin.(Coates, William) Modified on 8/8/2013: see #333 unpublished cases (kmca). Modified on 8/9/2013: see #338 certificate of service (kmca).
August 8, 2013 Filing 331 Local Rule 26.03 Answers to Interrogatories by Instant Cash Inc. (Attachments: #1 Certificate of Service)(kmca) Re-filed by clerk to correct event type. Modified on 8/8/2013: to change docket number back to original number (kmca). (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 330 Rule 26 Outline of Discovery Plan by Instant Cash Inc. (Attachments: #1 Certificate of Service)(Anthony, Kenneth) (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 329 Local Rule 26.03 Answers to Interrogatories by Ezell Investment Company LLC. (Attachments: #1 Certificate of Service)(kmca) Re-filed by clerk to correct event type. Modified on 8/8/2013: to change docket number back to original number (kmca). (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 328 Rule 26 Outline of Discovery Plan by Ezell Investment Company LLC. (Attachments: #1 Certificate of Service)(Anthony, Kenneth) (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 327 Local Rule 26.03 Answers to Interrogatories by Advance Business Funding LLC. (Attachments: #1 Certificate of Service)(kmca) Re-filed by clerk to correct event type. Modified on 8/8/2013: to change docket number back to original number (kmca). (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 326 Rule 26 Outline of Discovery Plan by Advance Business Funding LLC. (Attachments: #1 Certificate of Service)(Anthony, Kenneth) (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 325 Local Rule 26.03 Answers to Interrogatories by Barry Lynn Spencer. (Attachments: #1 Certificate of Service)(kmca) Re-filed by clerk to correct event type. Modified on 8/8/2013: to change docket number back to original number (kmca). (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 324 Rule 26 Outline of Discovery Plan by Barry Lynn Spencer. (Attachments: #1 Certificate of Service)(Anthony, Kenneth) (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 323 Local Rule 26.03 Answers to Interrogatories by Benjamin Hines. (Attachments: #1 Certificate of Service)(kmca) Re-filed by clerk to correct event type. Modified on 8/8/2013: to change docket number back to original number (kmca). (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 322 Rule 26 Outline of Discovery Plan by Benjamin Hines. (Attachments: #1 Certificate of Service)(Anthony, Kenneth) (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 321 Local Rule 26.03 Answers to Interrogatories by Roger Ezell. (Attachments: #1 Certificate of Service)(kmca) Re-filed by clerk to correct event type. Modified on 8/8/2013: to change docket number back to original number (kmca). (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 8, 2013 Filing 320 Rule 26 Outline of Discovery Plan by Roger Ezell. (Attachments: #1 Certificate of Service)(Anthony, Kenneth) (Additional attachment(s) added on 8/13/2013: #2 Amended Certificate of Service-Salzman) (kmca, ).
August 7, 2013 Filing 318 RESPONSE in Opposition re #227 MOTION to Dismiss Plaintiff's #11 Second Amended Complaint. Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 8/19/2013 (Attachments: #1 Exhibit 1 - Redacted Email, #2 Exhibit 2 - Screenshot of Court Calendar, #3 Exhibit 3 - Affidavits of Service and Non Service, #4 Certificate of Service)(Read, John) Modified on 8/8/2013: to add link to second amended complaint (kmca).
August 7, 2013 Filing 317 MOTION for Leave to File Supplemental Memorandum in Support of #185 Motion to Set Aside Entry of Default by Pelican Way Financial LLC. Response to Motion due by 8/26/2013. (Attachments: #1 Exhibit Supplemental Memorandum of Law)No proposed order.Motions referred to Jacquelyn D Austin.(Martin, Bradford) Modified on 8/8/2013: to add link to #185 motion (kmca). Modified on 8/9/2013: see #337 consultation certificate (kmca).
August 6, 2013 Filing 314 NOTICE of Appearance by Bradford Neal Martin on behalf of Pelican Way Financial LLC (Martin, Bradford) (Main Document 314 replaced on 8/7/2013: to replace document with amended certificate of service as provided by filing user) (kmca).
August 6, 2013 Filing 312 ***DOCUMENT MAILED 311 Order on Motion to Withdraw as Attorney, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
August 6, 2013 Opinion or Order Filing 311 TEXT ORDER granting #292 Motion to withdraw as attorney for Pelican Way Financial. Defendant Pelican Way has fifteen (15) days plus three (3) mailing days from the date of this Order to obtain counsel and to have counsel enter a notice of appearance in this matter. A failure to obtain counsel may result in the denial of Pelican Way's #185 Motion to set aside the entry of default. (Pelican Way Financial's attorney due by 8/26/13.) Signed by Magistrate Judge Jacquelyn D Austin on 8/6/13.(kmca)
August 5, 2013 Filing 310 Local Rule 26.03 Answers to Interrogatories by Arthur Field.(kmca)
August 5, 2013 Filing 309 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo for #308 Motion to Dismiss Second Amended Complaint and Memorandum In Support of Motion to Dismiss (Peavy, Jason) Modified on 8/6/2013: to add link to #308 motion (kmca).
August 5, 2013 Filing 308 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James Caserta, Martin Ender, David Lorenzo. Response to Motion due by 8/22/2013. (Attachments: #1 Memorandum In Support of Motion to Dismiss)No proposed order.Motions referred to Jacquelyn D Austin.(Peavy, Jason) Modified on 8/6/2013: to remove duplicate text (kmca). Modified on 8/6/2013: see #309 certificate of service (kmca).
August 5, 2013 Filing 307 Local Rule 26.03 Answers to Interrogatories by Kathryn Taillon.(kmca)
August 2, 2013 Filing 305 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo for #304 Motion to Withdraw Motion to Extend Time to Respond (Peavy, Jason) Modified on 8/6/2013: to add link to #304 withdrawal (kmca).
August 2, 2013 Filing 304 Withdrawal of Motions: #302 MOTION for Extension of Time to File Response/Reply filed by Martin Ender, David Lorenzo, James Caserta.. (Peavy, Jason) Modified on 8/6/2013: see #305 certificate of service (kmca).
August 2, 2013 Filing 303 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo for #302 Motion for Extension of Time to File Response (Peavy, Jason) Modified on 8/6/2013: to add link to #302 motion (kmca).
August 2, 2013 Filing 302 MOTION for Extension of Time to File Response/Reply by James Caserta, Martin Ender, David Lorenzo. Response to Motion due by 8/19/2013. No proposed order.Motions referred to Jacquelyn D Austin.(Peavy, Jason) Modified on 8/6/2013: see #303 certificate of service (kmca).
August 2, 2013 Filing 300 ***DOCUMENT MAILED 299 Order on Motion for Extension of Time, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
August 2, 2013 Opinion or Order Filing 299 TEXT ORDER denying #291 Motion for extension of time to conduct 26(f) conference. As an initial matter, Plaintiff's counsel is admonished for filing the instant motion on the deadline for the 26(f) Report in contradiction to this Court's stated filing preferences. Additionally, the Scheduling Order in this matter specifically directed Plaintiff's counsel to initiate the scheduling of the Rule 26(f) conference "with all counsel known to plaintiff regardless of whether they have filed appearances." [Doc. 160, fn 1.] It is apparent to the Court that Plaintiff has made no effort to abide by this Order as Counsel for Davyd Field and Trazom have represented their attempts to contact Plaintiff's counsel regarding the 26(f) conference to no avail. [See, Doc. 293.] Accordingly, counsel for Plaintiff is hereby ORDERED to initiate and schedule a Rule 26(f) Conference, as originally directed in the Scheduling Order, within ten (10) days of this Order and to file the resulting 26(f) Report within five (5) days of said Conference. A failure to do so may result in the imposition of sanctions for failure to comply with an order of this Court. Signed by Magistrate Judge Jacquelyn D Austin on 8/2/13.(kmca) Modified on 8/2/2013: to correct typo (kmca).
August 1, 2013 Filing 298 Local Rule 26.03 Answers to Interrogatories by Davyd Field.(Patel, Sima) (Additional attachment added on 8/2/2013: #1 Corrected certificate of service) as provided by filing user (kmca).
August 1, 2013 Filing 297 Rule 26 Outline of Discovery Plan by Davyd Field. (Attachments: #1 Proposed Order Amended Conference and Scheduling Order)(Patel, Sima) (Additional attachment added on 8/2/2013: #2 Corrected certificate of service) as provided by filing user (kmca).
August 1, 2013 Filing 296 Rule 26(f) Report by Davyd Field.(Patel, Sima) (Additional attachment added on 8/2/2013: #1 Corrected certificate of service) as provided by filing user (kmca).
August 1, 2013 Filing 295 Local Rule 26.03 Answers to Interrogatories by Trazom LLC.(Patel, Sima) (Additional attachment added on 8/2/2013: #1 Corrected certificate of service) as provided by filing user (kmca).
August 1, 2013 Filing 294 Rule 26 Outline of Discovery Plan by Trazom LLC. (Attachments: #1 Proposed Order Proposed Amended Conference and Scheduling Order)(Patel, Sima) (Additional attachment added on 8/2/2013: #2 Corrected certificate of service) as provided by filing user (kmca).
August 1, 2013 Filing 293 Rule 26(f) Report by Trazom LLC.(Patel, Sima) (Additional attachment added on 8/2/2013: #1 Corrected certificate of service) as provided by filing user (kmca).
August 1, 2013 Filing 292 MOTION to Withdraw as Attorney by Pelican Way Financial LLC. Response to Motion due by 8/19/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Chamberlain, Margaret) (Main Document 292 replaced on 8/5/2013: to replace incorrect document with corrected document as provided by filing user). (Additional attachment added on 8/5/2013: #2 Additional Certificate of Service) (kmca).
August 1, 2013 Filing 291 MOTION for Extension of Time to Conduct Rule 26(f) Conference and Following Actions by Capital Investment Funding LLC. Response to Motion due by 8/19/2013. (Attachments: #1 Certification Pursuant to Local Rule 7.02 by the Plaintiff, #2 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Read, John)
July 31, 2013 Filing 290 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #288 Notice of Voluntary Dismissal, of LOP Capital LLC; Strategic Lending Solutions LLC; Mike Loprieno; Brian Knight; United Private Capital Inc; CapGain Properties Inc, (Read, John)
July 30, 2013 Filing 288 NOTICE of Voluntary Dismissal of LOP Capital LLC; Strategic Lending Solutions LLC; Mike Loprieno; Brian Knight; United Private Capital Inc; CapGain Properties Inc, by Capital Investment Funding LLC (Read, John) Modified on 7/31/2013: to add names of defendants (kmca). Modified on 7/31/2013: see #290 certificate of service (kmca).
July 25, 2013 Filing 286 REPLY to Response to Motion re #240 MOTION to Dismiss Response filed by Allyson Field. (Attachments: #1 Exhibit A - Unpublished Opinion, #2 Exhibit B - Unpublished Opinion, #3 Exhibit C - Unpublished Opinion, #4 Exhibit D - Unpublished Opinion, #5 Certificate of Service)(Howe, Jennifer) Modified on 7/25/2013: to remove duplicate text (kmca). (Additional attachment added on 7/30/2013: #6 Corrected Certificate of Service for Salzman) as provided by filing user (kmca).
July 24, 2013 Filing 285 ***DOCUMENT MAILED #284 Deficiency Memo, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (kmca)
July 24, 2013 Filing 284 Deficiency Memo: #283 notice, certificate of service to incorrect address for pro se defendant Salzman. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 8/7/2013. (kmca) Modified on 7/31/2013: correction received 7/31/13 (kmca).
July 24, 2013 Filing 283 NOTICE to Take Judicial Notice in Support of Motion(s) to Dismiss re #81 MOTION to Dismiss by Arthur Field. (kmca) (Additional attachment(s) added on 7/31/2013: #1 Amended certificate of service, #2 Envelope) (kmca, ).
July 23, 2013 Filing 282 SUMMONS Returned Executed by Capital Investment Funding LLC. James Caserta served on 7/16/2013, answer due 8/6/2013; Stuart Katz served on 6/27/2013, answer due 8/8/2013. (Attachments: #1 Affidavit of Service of Stuart Katz, #2 Acceptance of Service of James Caserta, #3 Certificate of Service)(Pillsbury, Rodney)
July 19, 2013 Filing 281 RESPONSE in Opposition re #272 MOTION for Extension of Time to Serve Remaining Defendants. Response filed by Arthur Field, Kathryn Taillon.Reply to Response to Motion due by 7/29/2013. (kmca) (Main Document 281 replaced and Additional attachment(s) added on 7/22/2013: #1 Notice of Lis Pendens, #2 Greenville County Summons). Modified on 7/22/2013: to extract exhibits from response (kmca).
July 19, 2013 Filing 279 ***DOCUMENT MAILED #278 Order on Motion for Extension of Time, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks, Elliot Salzman (see docket entry #277 change of address for Elliot Salzman). (kmca)
July 19, 2013 Opinion or Order Filing 278 ORDER granting in part and denying in part #272 Motion for extension of time to serve remaining Defendants. Plaintiff's motion is GRANTED with respect to the Located Defendants (Defendants Dennis Hackney, Brian Knight, Michael Parish, and Strategic Lending Solutions). Plaintiff shall have thirty (30) days from the date of this Order to effect service of process of the summons and Amended Complaint on the Located Defendants. Plaintiff's motion for an extension of time to serve the remaining Unserved Defendants is DENIED. Signed by Magistrate Judge Jacquelyn D Austin on 7/9/13.(kmca)
July 19, 2013 Filing 277 NOTICE of Change of Address by Elliot Salzman to 8547 East 97th Street, Tulsa, OK 74133 (record updated). (Attachments: #1 Cover letter, #2 Envelopes)(kmca)
July 18, 2013 Filing 275 CERTIFICATE OF SERVICE by Stuart Katz re #274 Letter extending time to answer (Coates, William)
July 18, 2013 Filing 274 LETTER EXTENDING TIME TO ANSWER Stuart Katz answer due 8/8/2013. (Attachments: #1 Supporting Documents Letter granting Def. Stuart Katz an extension of time to answer)(Coates, William) Modified on 7/19/2013: see #275 certificate of service (kmca).
July 17, 2013 Filing 273 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #272 MOTION for Extension of Time to Serve Remaining Defendants (Read, John) (Main Document 273 replaced on 7/18/2013: to replace incorrect document with corrected document as provided by filing user) (kmca).
July 17, 2013 Filing 272 MOTION for Extension of Time to Serve Remaining Defendants by Capital Investment Funding LLC. Response to Motion due by 8/5/2013. (Attachments: #1 Exhibit Service Ledger)No proposed order.Motions referred to Jacquelyn D Austin.(Read, John) Modified on 7/18/2013: see #273 certificate of service (kmca).
July 16, 2013 Filing 271 ***DOCUMENT MAILED 268 Order on Motion to Appear Pro Hac Vice, 269 Order on Motion to Appear Pro Hac Vice, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
July 16, 2013 Filing 270 ***DOCUMENT MAILED 268 Order on Motion to Appear Pro Hac Vice, 269 Order on Motion to Appear Pro Hac Vice, pro se guide, defendant's copy of #258 MOTION for Extension of Time to File Answer, PACER brochure and copy policy, placed in U.S. Mail to Elliott Salzman (kmca) Modified on 7/16/2013: to add PACER (kmca).
July 16, 2013 Opinion or Order Filing 269 TEXT ORDER granting #264 Motion to Appear Pro Hac Vice. Attorney Misha M Wright added for Defendants David Lorenzo, James Caserta, Martin Ender. Signed by Magistrate Judge Jacquelyn D Austin on 7/16/13.(kmca)
July 16, 2013 Opinion or Order Filing 268 TEXT ORDER granting #263 Motion to Appear Pro Hac Vice. Attorney Umar A Sheikh added for Defendants David Lorenzo, James Caserta, Martin Ender. Signed by Magistrate Judge Jacquelyn D Austin on 7/16/13.(kmca)
July 15, 2013 Filing 267 CERTIFICATE OF SERVICE by James Caserta, Martin Ender, David Lorenzo Pro Hac Vice Motions and Proposed Orders (Peavy, Jason)
July 13, 2013 Filing 265 RESPONSE in Opposition re #240 MOTION to Dismiss Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 7/25/2013 (Attachments: #1 Certificate of Service)(Pillsbury, Rodney)
July 12, 2013 Filing 264 MOTION to Appear Pro Hac Vice Misha M Wright ( Filing fee $ 250 receipt number 0420-4823413) by David Lorenzo, James Caserta, Martin Ender. Response to Motion due by 7/29/2013. (Attachments: #1 Application/Affidavit, #2 Proposed Order)No proposed order.Motions referred to Jacquelyn D Austin.(Peavy, Jason) (Main Document 264 and Attachment 2 corrected on 7/15/2013: for Judge's initials). Modified on 7/15/2013: to add filers, edit text, add description to exhibit (kmca). Modified on 7/16/2013: see #267 certificate of service (kmca).
July 12, 2013 Filing 263 MOTION to Appear Pro Hac Vice Umar A Sheikh ( Filing fee $ 250 receipt number 0420-4823373) by David Lorenzo, James Caserta, Martin Ender. Response to Motion due by 7/29/2013. (Attachments: #1 Application/Affidavit, #2 Proposed Order)No proposed order.Motions referred to Jacquelyn D Austin.(Peavy, Jason) (Main Document 263 and Attachment 2 corrected on 7/15/2013: for Judge's initials and name). Modified on 7/15/2013: to add filers, edit text, add description to exhibit (kmca). Modified on 7/16/2013: see #267 certificate of service (kmca).
July 12, 2013 Filing 262 ***DOCUMENT MAILED #261 Order on Motion for Extension of Time to Answer, placed in U.S. Mail to Arthur Field, Elliott Salzman, James Nathan Holbrooks, Kathryn Taillon (kric, )
July 11, 2013 Opinion or Order Filing 261 ORDER granting #258 Motion for Extension of Time to Answer. Elliot Salzman answer due 8/15/2013. Defendant to notify court in writing of any change of address. Signed by Magistrate Judge Jacquelyn D Austin on 7/11/2013.(kric, ) Modified on 7/15/2013: to add punctuation, edit text (kmca).
July 11, 2013 Filing 258 Pro Se MOTION for Extension of Time to File Answer re #11 Second Amended Complaint, by Elliot Salzman. Response to Motion due by 7/29/2013. (Attachments: #1 Cover letter, #2 Certificate of Service, #3 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
July 11, 2013 Filing 257 SUMMONS Returned Executed by Capital Investment Funding LLC. Elliot Salzman served on 6/25/2013, answer due 7/16/2013. (Attachments: #1 Affidavit of Service of Elliot Salzman, #2 Certificate of Service)(Pillsbury, Rodney)
July 10, 2013 Filing 256 MOTION for Extension of Time to File Response/Reply as to #227 MOTION to Dismiss Plaintiff's Second Amended Complaint by Capital Investment Funding LLC. Response to Motion due by 7/29/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney) (Additional attachment(s) added on 7/11/2013: #2 Memo in Support, #3 Certificate of Service for Memo in Support). Modified on 7/11/2013: memo in support attached as provided by filing user (kmca).
July 5, 2013 Filing 255 CERTIFICATE OF SERVICE by Pelican Way Financial LLC (Chamberlain, Margaret)
July 5, 2013 Filing 254 REPLY to Response to Motion re #185 MOTION to Set Aside Default Response filed by Pelican Way Financial LLC. (Attachments: #1 Affidavit of Kathryn Taillon, Affidavit of Margaret Chamberlain)(Chamberlain, Margaret) Modified on 7/8/2013: to add description to exhibit. Modified on 7/8/2013: see #255 certificate of service (kmca).
July 5, 2013 Filing 253 REPLY to Response to Motion re #102 MOTION to Dismiss Plaintiff's Second Amended Complaint Response filed by Trazom LLC. (Attachments: #1 Certificate of Service)(Patel, Sima)
July 3, 2013 Filing 252 SUMMONS Returned Executed by Capital Investment Funding LLC. Ashley Morey served on 6/17/2013, answer due 7/8/2013. (Attachments: #1 Affidavit of Service of Ashley Morey, #2 Certificate of Service)(Pillsbury, Rodney)
July 2, 2013 Filing 251 ***DOCUMENT MAILED 249 Order on Motion to Amend/Correct, Order on Motion to Stay, 250 Order on Motion for Leave to File Excess Pages, Order on Motion to supplement, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
July 2, 2013 Opinion or Order Filing 250 TEXT ORDER denying #248 Motion for Leave to file excess pages and DENYING AS UNTIMELY #248 Motion to file Supplement to #190 Reply. See, Rule 7.07 of the U.S. District Court Local Rules. Signed by Magistrate Judge Jacquelyn D Austin on 7/2/13.(kmca)
July 2, 2013 Opinion or Order Filing 249 TEXT ORDER DENYING AS PREMATURE #247 Motion to Amend/Correct/Modify #160 Scheduling order and #247 Motion to Stay Discovery by Defendants Field and Taillon. Pursuant to the #160 Conference and Scheduling Order entered in this matter, Plaintiff is to initiate the scheduling of the Rule 26(f) conference with all counsel known to plaintiff. This conference is to occur on or before July 18, 2013 and will address all matters set forth in Rule 26(f). No later than August 1, 2013, the parties are to provide a report containing a proposed discovery plan. The proposed discovery plan should take into account any concerns regarding the timing and scope of discovery to be conducted. The Court will consider modifying the Scheduling Order after it has received the parties proposal. Signed by Magistrate Judge Jacquelyn D Austin on 7/2/13.(kmca)
July 1, 2013 Filing 248 MOTION for Leave to File Excess Pages, MOTION to file supplement re #190 Reply to Response to #68 Motion, by Kathryn Taillon. (Response to Motion due by 7/18/2013.) (Attachments: #1 Supplemental memorandum of law, #2 Exhibit A State Court Order 8-26-08)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
July 1, 2013 Filing 247 MOTION to Amend/Correct modify #160 Scheduling Order, and MOTION to Stay Discovery by Arthur Field, Kathryn Taillon. (Response to Motion due by 7/18/2013.) No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
June 26, 2013 Filing 245 ***DOCUMENT MAILED 244 Order on Motion for Leave to File Excess Pages, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 26, 2013 Opinion or Order Filing 244 TEXT ORDER granting #237 Motion for leave to file excess pages. Defendant Field is reminded that he is required to provide Court a courtesy copy of motions, related memoranda and attachments if those documents together exceed 25 pages. (See Judicial Preferences for electronically filed cases, http://www.scd.uscourts.gov/CMECF/preferences.asp.) Signed by Magistrate Judge Jacquelyn D Austin on 6/26/13.(kmca)
June 25, 2013 Filing 243 Local Rule 26.01 Answers to Interrogatories by Allyson Field. (Attachments: #1 Certificate of Service)(kmca) Re-filed by clerk - removed attachment from #241 answer to file as separate event (kmca)
June 25, 2013 Filing 242 DELETION OF DOCKET ENTRY NUMBER: #239 motion to dismiss. Reason: Attorney re-filed to include memo in support. Corrected Filing Document Number #240 motion to dismiss. Modified filing date to that of original filing: 6/25/13. Response due date modified to that of original filing: 7/12/13. (kmca)
June 25, 2013 Filing 241 ANSWER to #11 Amended Complaint, by Allyson Field. (Attachments: #2 Certificate of Service)(Howe, Jennifer) Modified on 6/26/2013: to remove attachment and file separately as document #243 LR 26.01s (kmca). Modified on 7/15/2013: to correct link to certificate of service (kmca).
June 25, 2013 Filing 240 MOTION to Dismiss by Allyson Field. Response to Motion due by 7/12/2013. (Attachments: #1 Memo in Support)No proposed order.Motions referred to Jacquelyn D Austin.(Howe, Jennifer) Modified on 7/15/2013: see #241 for certificate of service (kmca).
June 25, 2013 Filing 233 ***DOCUMENT MAILED 232 Order on Motion for Leave to File Excess Pages, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 25, 2013 Opinion or Order Filing 232 TEXT ORDER granting #226 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Jacquelyn D Austin on 6/25/13.(kmca)
June 25, 2013 Filing 231 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #229 Response in Opposition to Motion to Dismiss of Defendant Trazom, LLC (Pillsbury, Rodney)
June 25, 2013 Filing 230 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #228 Response in Opposition to Motion to Aside Default of Defandant Pelican Way Financial, LLC (Read, John)
June 25, 2013 Filing 229 RESPONSE in Opposition re #102 MOTION to Dismiss Plaintiff's Second Amended Complaint Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 7/5/2013 (Pillsbury, Rodney) Modified on 6/25/2013: see #231 certificate of service (kmca).
June 24, 2013 Filing 238 REPLY to #204 Response to Motion re #81 MOTION to Dismiss. Reply filed by Arthur Field. (Attachments: #1 Table of Authorities, #2 Exhibit A1-8 Minutes of CIF annual meetings, #3 Exhibit B Financial History, #4 Exhibit C Company History, #5 Exhibit D Loans as of 1-28-09, #6 Exhibit E Order from Superior Court of NJ 6-10-13)(kmca)
June 24, 2013 Filing 237 MOTION for Leave to File Excess Pages by Arthur Field. Response to Motion due by 7/11/2013. No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
June 24, 2013 Filing 236 REPLY Objection to #223 Response to Motion re #183 MOTION for Leave to File 2nd Third Party Complaint of Defendants Arthur Field and Kathryn Taillon. Reply filed by Arthur Field, Kathryn Taillon. (kmca) Modified on 6/25/2013: to add "objection" (kmca).
June 24, 2013 Filing 228 RESPONSE in Opposition re #185 MOTION to Set Aside Default of Defendant Pelican Way Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 7/5/2013 (Read, John) Modified on 6/25/2013: see #230 certificate of service (kmca).
June 24, 2013 Filing 227 MOTION to Dismiss Plaintiff's #11 Second Amended Complaint by Davyd Field. Response to Motion due by 7/11/2013. (Attachments: #1 Memo in Support of Davyd Field's Motion to Dismiss Plaintiff's Second Amended Complaint, #2 Supporting Documents Unpublished Cases, #3 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Patel, Sima) Modified on 8/8/2013: to add link to second amended complaint (kmca).
June 24, 2013 Filing 226 MOTION for Leave to File Excess Pages by Davyd Field. Response to Motion due by 7/11/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Patel, Sima)
June 21, 2013 Filing 224 DELETION OF DOCKET ENTRY NUMBER #222 Response in Opposition. Reason: Attorney re-filed document to correct signature. Corrected Filing Document Number #223 Response in Opposition. Modified filing date to that of original filing: 6/21/13. Response due date modified to that of original filing: 7/1/13. (kmca)
June 21, 2013 Filing 223 RESPONSE in Opposition re #183 MOTION for Leave to File 2nd Third Party Complaint of Defendants Arthur Field and Kathryn Taillon Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 7/1/2013 (Attachments: #1 Exhibit A - Plea Agreement, #2 Exhibit B - Indictment, #3 Certificate of Service)(Read, John)
June 21, 2013 Filing 221 ANSWER to #11 Amended Complaint, by Jan Davidson. (Attachments: #1 Certificate of Service)(Varner, Charles)
June 21, 2013 Filing 220 Summons Reissued as to Elliot Salzman, Stuart Katz. (Attachments: #1 Addendum A)(kmca)
June 21, 2013 Filing 219 ***DOCUMENT MAILED corrected 214 Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 20, 2013 Filing 217 ***DOCUMENT MAILED 216 Order on Motion to Set Aside Default, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 20, 2013 Opinion or Order Filing 216 TEXT ORDER granting as unopposed #174 Motion to set aside Clerk's entry of default against Defendant Allyson Field. Although the motion is unopposed and no motion for default judgment has been filed by Plaintiff as to Defendant Allyson Field, out of an abundance of caution, the undersigned has considered the requirements of Rule 55(c) and finds good cause for setting aside the Clerk's entry of default as to Defendant Allyson Field because Defendant Allyson Field acted promptly and with reasonable diligence in filing her answer and seeking to set aside the entry of default immediately upon receiving notification of the Clerk's entry of default; offered a potentially meritorious defense; and there is no indication of any prejudice to Plaintiff in allowing the action to proceed against this Defendant. See Payne, ex. rel. Estate of Calzada v. Brake, 439 F.3d 198, 204205 (4th Cir. 2006). Accordingly, consistent with this Order, Defendant Allyson Field is directed to file Defendant's Answer and Answer to Rule 26.01 Interrogatories within 5 days of the date of this order. Signed by Magistrate Judge Jacquelyn D Austin on 6/20/13.(kmca)
June 20, 2013 Filing 215 ***DOCUMENT MAILED #211 Order Adopting Report and Recommendation, 212 Order on Motion to Strike, 213 Order on Motion for Sanctions, 214 Order on Motion to Strike, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 20, 2013 Opinion or Order Filing 214 TEXT ORDER denying #210 Motion to Strike #204 Response in Opposition, by Defendant Field for failure to timely plead. The text of Defendant Field's motion seeks to have the Court strike or dismiss Plaintiff's "Complaint for failure to timely plead". The motion goes on to ask the Court to "preclude or strike the filing of any 'Objection' or 'Memorandum of law' or other late response re reply by Plaintiff to Field's #81 Motion to Dismiss." The Court construes this motion as one pursuant to Rule 12(f). A "motion to strike is an extreme and awesome remedy that is highly disfavored by the courts." Trout v. Colormatrix Corp., 2013 WL 756340 (D.S.C.,2013), citing, Mitchell v. First Central Bank, Inc., No. 2:08CV6, 2008 WL 4145449, at *1 (N.D.W.Va. Sept.8, 2008) (unpublished). Even if a motion to strike is technically appropriate and well-founded, motions to strike are often denied in absence of a showing of prejudice to the moving party. See, Mitchell at *2 (internal quotation marks omitted). Further, "a motion to strike in th[is] situation would contravene the established policies disfavoring motions to strike... and favoring the resolution of cases on their merits." Id. Defendant Field has neither alleged nor shown and prejudice resulting from Plaintiff filing its motion in response one day after the deadline; accordingly, Defendant Field's motion to strike is denied. Again, the Court admonishes Defendant Field and all other parties to this action that, while this case may be one giving rise to high level of contention, this Courts docket is not the appropriate forum for airing personal disagreements and dislikes. All future motions should be filed with this admonition in mind. Signed by Magistrate Judge Jacquelyn D Austin on 6/20/13.(kmca) Modified on 6/20/2013: to correct typo (kmca). Modified on 6/21/2013: to remove duplicate text (kmca).
June 20, 2013 Opinion or Order Filing 213 TEXT ORDER denying #207 Motion for Sanctions. Plaintiff, in opposing Defendant Field's #82 Motion to Strike, asks this Court to impose sanctions for filing a frivolous motion. Although the Court recognizes that Defendant's position was not the strongest of legal positions, and ultimately did not prevail, the Court does not find that Defendant's motion was frivolous. Similarly, the Court does not conclude that sanctions are appropriate under Rule 11 of the Federal Rules of Civil Procedure. The Court admonishes Plaintiff and all other parties to this action that, while this case may be one giving rise to high level of contention, this Court's docket is not the appropriate forum for airing personal disagreements or dislikes. All future filings should be filed with this admonition in mind. Signed by Magistrate Judge Jacquelyn D Austin on 6/20/13.(kmca)
June 20, 2013 Opinion or Order Filing 212 TEXT ORDER denying #82 Motion to Strike; and denying #82 Motion for Extension of Time to Answer by Defendant Field. With respect to the motion to strike, Defendant Field moves to strike certain portions of the allegations, causes of action and prayer for relief contained in Plaintiff's Amended Complaint alleging they are "immaterial, prejudicial, inadmissible, conclusory, not well pled, scandalous, impertinent" and or violative of Rule 8 or Federal Rules of Evidence 403, 404, 407, or 408. Pursuant to Rule 12(f)(2), "[t]he court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." "Nevertheless, a motion to strike is an extreme and awesome remedy that is highly disfavored by the courts." Trout v. Colormatrix Corp., 2013 WL 756340 (D.S.C.,2013), citing, Mitchell v. First Central Bank, Inc., No. 2:08CV6, 2008 WL 4145449, at *1 (N.D.W.Va. Sept.8, 2008) (unpublished). Even if a motion to strike is technically appropriate and well-founded, motions to strike are often denied in absence of a showing of prejudice to the moving party. See, Mitchell at *2 (internal quotation marks omitted). Further, "a motion to strike in th[is] situation would contravene the established policies disfavoring motions to strike... and favoring the resolution of cases on their merits." Id. Therefore, Defendant Field's motion to strike is denied. With respect to the motion for extension of time to answer the #11 Second Amended Complaint, Defendant Field has a responsive pleading pending before the Court. [See, Doc. 81, Motion to Dismiss.] Thus, no Answer is presently due. See Fed.R.Civ.P. 12(a)(4)(A). Additionally, the Court admonishes Defendant Field and all other parties to this action that, while this case may be one giving rise to high level of contention, this Courts docket is not the appropriate forum for airing personal disagreements or dislikes. All future filings should be filed with this admonition in mind. Signed by Magistrate Judge Jacquelyn D Austin on 6/20/13.(kmca)
June 20, 2013 Opinion or Order Filing 211 ORDER Adopting #99 Report and Recommendation. The #89 Third Party Complaint is DISMISSED without prejudice and without issuance or service of process. Signed by Honorable Mary G Lewis on 6/20/13. (kmca)
June 19, 2013 Filing 210 MOTION to Dismiss, or MOTION to Strike #204 Response in Opposition to #81 Motion, Failure to Timely Plead by Arthur Field. (Response to Motion due by 7/8/2013.) No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
June 18, 2013 Filing 205 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #203 Response in Opposition to Motion, #204 Response in Opposition to Motion (Pillsbury, Rodney)
June 18, 2013 Filing 204 RESPONSE in Opposition re #81 MOTION to Dismiss by Defendant Arthur Field Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 6/28/2013 (Read, John) Modified on 6/18/2013: see #205 certificate of service (kmca).
June 17, 2013 Filing 207 MOTION for Sanctions for frivolous #82 motion to strike by Capital Investment Funding LLC. Response to Motion due by 7/5/2013. No proposed order.Motions referred to Jacquelyn D Austin.(kmca) #203 Document re-filed by clerk to include motion request (kmca)
June 17, 2013 Filing 203 RESPONSE in Opposition re #82 MOTION to Strike #6 Amended Complaint, #11 Second Amended Complaint, #1 Complaint; MOTION for Extension of Time to File Answer re #11 Second Amended Complaint. Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 6/27/2013 (Attachments: #1 Exhibit 1 - Plea Agreement, #2 Exhibit 2 - Indictment)(Pillsbury, Rodney) Modified on 6/18/2013: see #205 certificate of service (kmca).
June 17, 2013 Filing 202 LETTER EXTENDING TIME TO ANSWER. Davyd Field's answer due 6/24/13. (Attachments: #1 Main Document Letter Extending Time to Respond, #2 Certificate of Service)(Stephenson, Thomas) Modified on 6/18/2013: to add text-answer date (kmca).
June 17, 2013 Filing 199 ***DOCUMENT MAILED 198 Order on Motion for leave to file/substitute; NEF for #183 MOTION for leave to file Second Third Party Complaint, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 17, 2013 Opinion or Order Filing 198 TEXT ORDER granting #197 Motion for leave to file/substitute. The Clerk of Court is directed to substitute page 70 of the proposed second third party complaint [Doc. 183]. Signed by Magistrate Judge Jacquelyn D Austin on 6/17/13.(kmca)
June 14, 2013 Filing 197 MOTION for Leave to File/Substitute page 70 of second third party complaint by Arthur Field, Kathryn Taillon. Response to Motion due by 7/1/2013. (Attachments: #1 page 70 of second third party complaint, #2 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
June 13, 2013 Filing 196 ***DOCUMENT MAILED 195 Clerk's Entry of Default, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 13, 2013 Filing 195 Clerk's ENTRY OF DEFAULT as to Chrysler Drive Trust, The; Cotton Mill Trust, The; Michael Moore; Moore & Associates LLC; Nevada Processing Center Inc; Old Arcadia Road Trust, The; Pickering Road Trust, The; and Upper Nehalem Trust, The. (kmca)
June 13, 2013 Filing 194 REQUEST FOR ENTRY OF DEFAULT as to Defendants Michael J. Moore; Moore & Associates; Nevada Processing Center, Inc.; The Chrysler Drive Trust; The Cotton Mill Trust; The Old Arcadia Road Trust; The Pickering Road Trust; and The Upper Nehalem Trust by Capital Investment Funding LLC. (Attachments: #1 Affidavit in Support of Entry of Default, #2 Affidavit of Service of Michael Moore, #3 Affidavit of Service of Moore & Associates, #4 Affidavit of Service of Nevada Processing Center, #5 Affidavit of Service of The Chrysler Drive Trust, #6 Affidavit of Service of The Cotton Mill Trust, #7 Affidavit of Service of The Old Arcadia Road Trust, #8 Affidavit of Service of The Pickering Road Trust, #9 Affidavit of Service of The Upper Nehalem Trust, #10 Certificate of Service)(Pillsbury, Rodney) Modified on 6/13/2013: to edit text to add names of defendants(kmca).
June 7, 2013 Filing 193 ***DOCUMENT MAILED #191 Deficiency Memo, placed in U.S. Mail to Arthur Field, Kathryn Taillon (kmca)
June 7, 2013 Filing 192 ***DOCUMENT MAILED #191 Deficiency Memo with page 2 of #56 Order, and sample certificate of service (from pro se guide), placed in U.S. Mail to James Nathan Holbrooks (kmca)
June 7, 2013 Filing 191 Deficiency Memo SECOND REQUEST: #138 LR 26.01 answers, no certificate of service. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 6/21/2013. (kmca)
June 6, 2013 Filing 190 REPLY to #176 Response to Motion re #68 MOTION to Dismiss, MOTION for Extension of Time to File Answer, MOTION for Hearing. Reply filed by Kathryn Taillon. (Attachments: #1 Exhibit A State Court complaint 2008-CP-23-5514, #2 Exhibit B State Court second amended complaint 2008-CP-23-5514, #3 Exhibit C State Court notice of hearing 5-27-09, #4 Exhibit D State Court letter to Arthur M Field 6-4-09, #5 Exhibit E State Court order 6-16-09, #6 Exhibit F State Court TRO 6-22-09, #7 Exhibit G Sate Court affidavit of Tommy Windsor 7-2-09, #8 Exhibit H State Court order 7-7-09, #9 Exhibit i Receiver's status report 12-31-10, #10 Exhibit J State Court order 10-23-09, #11 Exhibit K State Court consent of parties 10-26-09, #12 Exhibit L State Court status conference order 6-24-10, #13 Exhibit M State Court judgment, #14 Certificate of Service)(kmca)
June 6, 2013 Filing 189 ***DOCUMENT MAILED 188 Order on Motion to Amend/Correct, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 6, 2013 Opinion or Order Filing 188 TEXT ORDER denying #186 Motion to amend/correct #11 second amended complaint. With respect to Plaintiff's request to amend to remove the listed defendants, those defendants have previously been dismissed from the case [see Doc. 177 (stipulation of dismissal with prejudice)] and those defendants were terminated on June 3, 2013, as reflected on CM/ECF. Plaintiff also represents that the proposed third amended complaint "narrows the allegations to only those defendants currently remaining." [Doc. 186 at 2.] Because the listed defendants have been terminated in this action, any allegations against them are now moot. Accordingly, Plaintiff need not amend the complaint only to remove allegations against these already terminated parties. To the extent Plaintiff seeks to make any other changes to the second amended complaint, Plaintiff has not submitted those changes in a form that allows the Court to understand what it wishes to change. Accordingly, the motion to amend is denied. Signed by Magistrate Judge Jacquelyn D Austin on 6/6/13.(kmca)
June 5, 2013 Filing 186 MOTION to Amend/Correct #11 Amended Complaint, to Remove Certain Previously-Named Defendants by Capital Investment Funding LLC. Response to Motion due by 6/24/2013. (Attachments: #1 Exhibit A - Filed Stipulation of Dismissal, #2 Exhibit B - 3rd Amended Complaint, #3 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney)
June 5, 2013 Filing 185 MOTION to Set Aside Default by Pelican Way Financial LLC. Response to Motion due by 6/24/2013. (Attachments: #1 Memo in Support, #2 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Chamberlain, Margaret)
June 4, 2013 Filing 184 ***DOCUMENT MAILED 182 Order, and NEF for #183 MOTION for Leave to File, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
June 4, 2013 Filing 183 MOTION for Leave to File Second THIRD PARTY COMPLAINT by Arthur Field, Kathryn Taillon. Response to Motion due by 6/21/2013. (Attachments: #1 Table 1, #2 Exhibit A Lancaster Group financial report 12-31-02, #3 Exhibit B Mr Francis DeVito employment history, #4 Exhibit C Memorandum about Section 3a11 outline dated 4-6-03, #5 Exhibit D Chester Holdings Ltd 4-26-99, #6 Exhibit E Letter to Mr DeVito from Arthur Field, #7 Exhibit F Copy of check from Kirsten Gantt to Lion Financial 3-16-09, #8 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 6/4/2013: re-filed #163 second third party complaint as motion per 182 order (kmca). (Main Document 183 replaced on 6/17/2013: to replace page 70 per 198 order) (kmca).
June 4, 2013 Opinion or Order Filing 182 TEXT ORDER directing the Clerk of Court to file the proposed #163 Second Third Party Complaint as a Motion for Leave to file a Third Party Complaint pursuant to Fed. R. Civ. P. 14(a)(1). Because more than 14 days had passed after serving their original responsive pleadings [see Doc. 68 (Kathryn Taillon's motion to dismiss, filed 4/26/2013), Doc. 81 (Arthur Field's motion to dismiss, filed 4/30/2013)], Defendants Arthur Field and Kathryn Taillon are required to file a Motion to obtain the Court's leave to file the Second Third Party Complaint. See Fed. R. Civ. P. 14(a)(1). Other parties' responses are due on or before 6/21/2013. Signed by Magistrate Judge Jacquelyn D Austin on 6/4/13. (kmca) Modified on 6/4/2013: to correct response deadline (kmca).
June 3, 2013 Filing 181 CERTIFICATE OF SERVICE by Arthur Field, Kathryn Taillon re #163 Second Third Party Complaint. (kmca)
June 3, 2013 Filing 178 CERTIFICATE OF SERVICE by Allyson Field re #174 MOTION to Set Aside Default (Howe, Jennifer)
June 3, 2013 Filing 177 STIPULATION of Dismissal With Prejudice as to the following Defendants, ONLY: Scott Pfeiffer; David Gantt; Ralph Gleaton; Gleaton Wyatt Hewitt, P.A.; Pfeffer, Gantt & Gleaton, P.A.; Pfeiffer Gantt Gleaton Wyatt, P.A.; Pfeiffer Gleaton Wyatt Hewitt, P.A.; P&G Title Agency, LLC; PG&G Title Insurance, LLC; PGGW Title Insurance, LLC; Paula Haney; Alysia Hazelton; Ross Jones; Bill Beckman; Jose Rodriguez; Red Lion Trading House, LLC; Saxon Business Servicers, LLC; Saxon Holding, LLC; Angle Holdings, LLC; and Our Tree House, LLC by Capital Investment Funding LLC. (Attachments: #1 Certificate of Service)(Pillsbury, Rodney)
June 1, 2013 Filing 176 RESPONSE in Opposition re #68 MOTION to Dismiss MOTION for Extension of Time to File Answer re #11 Amended Complaint, MOTION for Hearing Response filed by Capital Investment Funding LLC.Reply to Response to Motion due by 6/13/2013 (Attachments: #1 Exhibit 1, Arthur Field Plea Agreement 5-06-13, #2 Exhibit 2, CIF Mediated Global Settlement Agreement & Order Approving Settlement Signed 8-27-09, #3 Exhibit 3, CIF v. Calvary Asset, et.al. Brief in Support of Motion for Reconsideration 5-08-13, #4 Certificate of Service)(Read, John) Modified on 6/3/2013: to add descriptions to exhibits (kmca).
May 31, 2013 Filing 174 MOTION to Set Aside Default by Allyson Field. Response to Motion due by 6/17/2013. (Attachments: #1 Supporting Documents Email between counsel dated 5/2/13, #2 Supporting Documents Email between counsel dated 5-21-13)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Howe, Jennifer) (Additional attachment(s) added on 5/31/2013: #4 Answer, #5 LR 26.01 interrogatories). Modified on 5/31/2013: answer and 26.01s added per request and as provided by filing user (kmca). Modified on 6/3/2013: see #178 certificate of service (kmca).
May 31, 2013 Filing 173 SUMMONS Returned Executed by Capital Investment Funding LLC. Capital Intrastate Funding LLC served on 5/26/2013, answer due 6/17/2013; Davyd Field served on 5/26/2013, answer due 6/17/2013; He Will Provide LLC served on 5/26/2013, answer due 6/17/2013. (Attachments: #1 Affidavit of Service of Capital Intrastate Funding, LLC, #2 Affidavit of Service of Davyd Field, #3 Affidavit of Service of He Will Provide, LLC, #4 Certificate of Service)(Pillsbury, Rodney)
May 31, 2013 Filing 171 NOTICE of Appearance by Margaret A Chamberlain on behalf of Pelican Way Financial LLC (Attachments: #1 Certificate of Service)(Chamberlain, Margaret)
May 31, 2013 Filing 170 ***DOCUMENT MAILED 169 Clerk's Entry of Default, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 31, 2013 Filing 169 Clerk's ENTRY OF DEFAULT as to Allyson Field. (kmca)
May 30, 2013 Filing 168 REQUEST FOR ENTRY OF DEFAULT of Allyson Field byCapital Investment Funding LLC. (Attachments: #1 Affidavit in Support of Entry of Default, #2 Certificate of Service)(Pillsbury, Rodney)
May 30, 2013 Filing 166 ***DOCUMENT MAILED #165 Deficiency Memo corrected with page 2 of #36 Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca) Modified on 5/30/2013: to add "corrected" (kmca).
May 29, 2013 Filing 165 Deficiency Memo: #163 Third party complaint, no certificate of service to pro se defendant Holbrooks, exhibits were tabbed. See attached Deficiency Memo. Any response due is based on the filing date of the original document. (Correction due by 6/12/13) (kmca) (Main Document 165 replaced on 5/30/2013: to add certificate of service) (kmca). Modified on 6/3/2013: certificate received (kmca).
May 29, 2013 Filing 163 Second THIRD PARTY COMPLAINT against Craig Allen, Stanley T Case, Gene M Connell, Jr, Craig H Allen PA, John or Jane Doe, Rodney F Pillsbury, Pillsbury & Read PA, Promotions Group of SC INC, The, John M Read, IV, Jerry Saad, Saad & Manios Business Services LLC, Curtis Stodghill, Pamela G H Stodghill, Stodghill Law Firm CHRTRD, Tressler LLP, Christopher Westrick, Michael O'Shea, Lori F Pillsbury, Marika G Allen, Frances C Devito, Smolin Lupin & Co PA, Devito Snowden & Co LLC, Jerry Saad CPA PA, Forensic Research Group Inc, Kymric Mahnke, Saad Properties SC GP, filed by Kathryn Taillon, Arthur Field. (Attachments: #1 Table 1, #2 Exhibit A Lancaster Group financial report 12-31-02, #3 Exhibit B Mr Francis DeVito employment history, #4 Exhibit C Memorandum about Section 3a11 outline dated 4-6-03, #5 Exhibit D Chester Holdings Ltd 4-26-99, #6 Exhibit E Letter to Mr DeVito from Arthur Field, #7 Exhibit F Copy of check from Kirsten Gantt to Lion Financial 3-16-09)(kmca) Modified on 5/30/2013: to add "second" (kmca). Modified on 6/3/2013: see #181 certificate of service (kmca). Modified on 6/4/2013: re-filed as #183 Motion for leave to file per 182 order (kmca).
May 29, 2013 Filing 162 ***DOCUMENT MAILED #160 Scheduling Order with Rule 26(f) report and LR 26.03 form, #161 Mediation Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 29, 2013 Filing 161 MEDIATION ORDER. Signed by Honorable Mary G Lewis on 5/29/13. (kmca)
May 29, 2013 Opinion or Order Filing 160 SCHEDULING ORDER: Rule 26(f) Conference Deadline 7/18/2013, 26(a) Initial Disclosures due by 8/1/2013, Rule 26 Report due by 8/1/2013, Motions to Amend Pleadings due by 8/14/2013, Plaintiffs ID of Expert Witness due by 9/13/2013, Defendants ID of Expert Witnesses Due by 10/15/2013, Records Custodian Affidavit due by 10/15/2013, Discovery due by 12/12/2013, Motions due by 12/27/2013, Mediation Due by 2/26/2014, Rule 26(a)(3) Disclosures due by 3/12/2014, Motion in Limine due by 3/13/2014, Jury Selection Deadline 4/1/2014. Signed by Honorable Mary G Lewis on 5/29/13. (kmca)
May 23, 2013 Filing 158 ***DOCUMENT MAILED 157 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Arthur Field, James Nathan Holbrooks, Kathryn Taillon (kric, )
May 23, 2013 Opinion or Order Filing 157 Text Order GRANTING #155 Motion for Extension of Time to File Response/Reply as to #102 Motion to Dismiss by Trazom, LLC. Plaintiff's response is due on or before June 24, 2013. Signed by Magistrate Judge Jacquelyn D Austin on 5/23/2013.(kric, )
May 22, 2013 Filing 155 MOTION for Extension of Time to File Response/Reply as to #102 MOTION to Dismiss Plaintiff's Second Amended Complaint by Capital Investment Funding LLC. Response to Motion due by 6/10/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney)
May 22, 2013 Filing 154 DELETION OF DOCKET ENTRY NUMBER #145 certificate of service. Reason: Attorney re-filed corrected document without calling the clerk's office for instruction. Corrected Filing Document Number #151 certificate of service. (kmca)
May 22, 2013 Filing 153 DELETION OF DOCKET ENTRY NUMBER #144 certificate of service. Reason: Attorney re-filed corrected document without calling the clerk's office for instruction. Corrected Filing Document Number #150 certificate of service. (kmca)
May 22, 2013 Filing 152 DELETION OF DOCKET ENTRY NUMBER #143 certificate of service. Reason: Attorney re-filed corrected document without calling the clerk's office for instruction. Corrected Filing Document Number #149 certificate of service. (kmca)
May 22, 2013 Filing 151 CERTIFICATE OF SERVICE by Advance Business Funding LLC re #129 Answer to Amended Complaint (Anthony, Kenneth)
May 22, 2013 Filing 150 CERTIFICATE OF SERVICE by Benjamin Hines re #133 Answer to Amended Complaint (Anthony, Kenneth)
May 22, 2013 Filing 149 CERTIFICATE OF SERVICE by Roger Ezell re #132 Answer to Amended Complaint (Anthony, Kenneth)
May 22, 2013 Filing 148 CERTIFICATE OF SERVICE by Ezell Investment Company LLC re #130 Answer to Amended Complaint (Anthony, Kenneth)
May 22, 2013 Filing 147 CERTIFICATE OF SERVICE by Barry Lynn Spencer re #134 Answer to Amended Complaint (Anthony, Kenneth)
May 22, 2013 Filing 146 CERTIFICATE OF SERVICE by Instant Cash Inc re #131 Answer to Amended Complaint (Anthony, Kenneth)
May 20, 2013 Filing 141 ***DOCUMENT MAILED #139 Deficiency Memo, placed in U.S. Mail to Arthur Field, Kathryn Taillon (kmca)
May 20, 2013 Filing 140 ***DOCUMENT MAILED #139 Deficiency Memo with page 2 of #56 Order, placed in U.S. Mail to James Nathan Holbrooks (kmca)
May 20, 2013 Filing 139 Deficiency Memo: #138 LR 26.01 answers, no certificate of service. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 6/3/2013. (kmca) Modified on 6/7/2013: see #191 2nd deficiency sent; Docket Correction due 6/21/13 (kmca).
May 20, 2013 Filing 138 Local Rule 26.01 Answers to Interrogatories by James Nathan Holbrooks. (Attachments: #1 Envelope)(kmca)
May 20, 2013 Filing 137 ***DOCUMENT MAILED 136 Clerk's Entry of Default, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 20, 2013 Filing 136 Clerk's ENTRY OF DEFAULT as to Badger Development LLC, Eugene Hopper, Log Dirt LLC, Lot 46 Waters Edge LLC, Neighborhood Homes LLC, Charles Pinion, Total Package Grading. (kmca)
May 17, 2013 Filing 135 REQUEST FOR ENTRY OF DEFAULT as to Defendants Eugene Hopper; Charles Pinion; Badger Development, LLC; Log Dirt, LLC; Lot 46 Waters Edge, LLC; Neighborhood Homes, LLC; and Total Package Grading byCapital Investment Funding LLC. (Attachments: #1 Affidavit in Support of Entry of Default, #2 Certificate of Service)(Pillsbury, Rodney) (Main Document 135 replaced on 5/20/2013: to replace incorrect document with correct document as provided by filing user). (Additional attachment added on 5/20/2013: #3 Updated Certificate of Service for replaced main document as provided by filing user)(kmca).
May 16, 2013 Filing 134 ANSWER to #11 Second Amended Complaint, by Barry Lynn Spencer.(Anthony, Kenneth) Modified on 5/17/2013: to add "second" (kmca). Modified on 5/22/2013: see #147 certificate of service (kmca).
May 16, 2013 Filing 133 ANSWER to #11 Second Amended Complaint, by Benjamin Hines.(Anthony, Kenneth) Modified on 5/17/2013: to add "second" (kmca). Modified on 5/22/2013: see #150 certificate of service (kmca).
May 16, 2013 Filing 132 ANSWER to #11 Second Amended Complaint, by Roger Ezell.(Anthony, Kenneth) Modified on 5/17/2013: to add "second" (kmca). Modified on 5/22/2013: see #149 certificate of service (kmca).
May 16, 2013 Filing 131 ANSWER to #11 Second Amended Complaint, by Instant Cash Inc.(Anthony, Kenneth) Modified on 5/17/2013: to add second (kmca). Modified on 5/22/2013: see #146 certificate of service (kmca).
May 16, 2013 Filing 130 ANSWER to #11 Second Amended Complaint, by Ezell Investment Company LLC.(Anthony, Kenneth) Modified on 5/17/2013: to add "second" (kmca). Modified on 5/22/2013: see #148 certificate of service (kmca).
May 16, 2013 Filing 129 ANSWER to #11 Second Amended Complaint, by Advance Business Funding LLC.(Anthony, Kenneth) Modified on 5/17/2013: to add "second" (kmca). Modified on 5/22/2013: see #151 certificate of service (kmca).
May 15, 2013 Filing 128 ***DOCUMENT MAILED 123 Order on Motion for Leave to File; NEF for #124 Additional Attachments to #81 motion to dismiss original documents served with #118 motion by Arthur Field; 125 , 126 , 127 Orders on Motions for Extension of Time to File Response/Reply, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 15, 2013 Opinion or Order Filing 127 TEXT ORDER granting #121 Motion for Extension of Time to File Response/Reply to Arthur Field's #82 MOTION to Strike, MOTION for Extension of Time to File Answer. Plaintiff's response is due on or before June 17, 2013. Signed by Magistrate Judge Jacquelyn D Austin on 5/15/13.(kmca)
May 15, 2013 Opinion or Order Filing 126 TEXT ORDER granting #120 Motion for Extension of Time to File Response/Reply to Arthur Field's #81 MOTION to Dismiss. Plaintiff's response is due on or before June 17, 2013. Signed by Magistrate Judge Jacquelyn D Austin on 5/15/13.(kmca)
May 15, 2013 Opinion or Order Filing 125 TEXT ORDER granting #119 Motion for Extension of Time to File Response/Reply to Kathryn Taillon's #68 MOTION to Dismiss, MOTION for Extension of Time to File Answer, MOTION for Hearing. Plaintiff's response is due on or before May 31, 2013. Signed by Magistrate Judge Jacquelyn D Austin on 5/15/13.(kmca)
May 15, 2013 Opinion or Order Filing 123 TEXT ORDER granting #118 Motion for Leave to File Supplement to #81 Motion to Dismiss. The Clerk is directed to file the proposed supplement and exhibits as attachments to the originally filed #81 Motion to Dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 5/15/13.(kmca)
May 15, 2013 Filing 122 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #121 MOTION for Extension of Time to File Response/Reply as to #82 MOTION to Strike #6 Amended Complaint, #11 Amended Complaint, #1 Complaint,,,,,,,,, MOTION for Extension of Time to File Answer re #11 Amended Complaint, , #120 MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Dismiss , #119 MOTION for Extension of Time to File Response/Reply as to #68 MOTION to Dismiss MOTION for Extension of Time to File Answer re #11 Amended Complaint, MOTION for Hearing (Pillsbury, Rodney)
May 14, 2013 Filing 124 Additional Attachments to Main Document #81 MOTION to Dismiss. First attachment description: Supplement to and memorandum in support of motion to dismiss. (Attachments: #1 A Tressler motion in BER-L-3790-12, #2 B Capital Investment Funding brief in L-3790-12, #3 C Order in BER-L-3790-12) Filed per 123 Order on Motion for Leave to File.(kmca)
May 14, 2013 Filing 121 MOTION for Extension of Time to File Response/Reply as to #82 MOTION to Strike portion of #1 Complaint, #6 Amended Complaint, #11 Second Amended Complaint; MOTION for Extension of Time to File Answer re #11 Amended Complaint, by Capital Investment Funding LLC. Response to Motion due by 5/31/2013. No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney) Modified on 5/15/2013: see #122 certificate of service (kmca).
May 14, 2013 Filing 120 MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Dismiss by Capital Investment Funding LLC. Response to Motion due by 5/31/2013. No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney) Modified on 5/15/2013: see #122 certificate of service (kmca).
May 14, 2013 Filing 119 MOTION for Extension of Time to File Response/Reply as to #68 MOTION to Dismiss MOTION for Extension of Time to File Answer re #11 Amended Complaint, MOTION for Hearing by Capital Investment Funding LLC. Response to Motion due by 5/31/2013. No proposed order.Motions referred to Jacquelyn D Austin.(Pillsbury, Rodney) Modified on 5/15/2013: see #122 certificate of service (kmca).
May 14, 2013 Filing 118 MOTION for Leave to File SUPPLEMENT to #81 Motion to Dismiss, by Arthur Field. Response to Motion due by 5/31/2013. (Attachments: #1 Supplement to motion to dismiss, #2 Exhibit A Tressler motion in BER-L-3790-12, #3 Exhibit B Capital Investment Funding brief in L-3790-12, #4 Exhibit C Order in BER-L-3790-12)No proposed order.Motions referred to Jacquelyn D Austin.(kmca)
May 10, 2013 Filing 116 ***DOCUMENT MAILED 115 Order on Motion for Extension of Time to Answer, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 10, 2013 Opinion or Order Filing 115 TEXT ORDER granting #111 Consent Motion for Extension of Time to File Answer by Defendant Jan Davidson. The original answer deadline was April 22, 2013. [Doc. 51.] Accordingly, Davidson's answer is now due on or before June 21, 2013. The parties are admonished, however, to consult and comply with Local Rule 6.01 for any future filings of motions for extension of time. Local Rule 6.01 requires that motions for extension of time be accompanied by an affidavit or other statement giving the reasons therefor and include (1) the date of the current deadline, (2) whether the deadline has been previously extended, (3) the number of additional days requested, as well as the proposed date for the new deadline, and (4) whether the extension requested would affect other deadlines. Moreover, the parties are admonished against requesting extensions of time after a deadline has already expired. See Filing Preferences. (Jan Davidson answer due 6/21/2013). Signed by Magistrate Judge Jacquelyn D Austin on 5/10/13.(kmca)
May 9, 2013 Filing 112 RESPONSE in Opposition re #77 MOTION to Dismiss Response filed by John M Read, IV.Reply to Response to Motion due by 5/20/2013 (Attachments: #1 Certificate of Service)(Read, John)
May 9, 2013 Filing 111 Consent MOTION for Extension of Time to File Answer by Jan Davidson. Response to Motion due by 5/28/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Varner, Charles) Modified on 5/10/2013: to edit text (kmca).
May 9, 2013 Filing 110 Withdrawal of Motions: #92 Joint MOTION for Extension of Time to File Answer filed by Jan Davidson.. (Attachments: #1 Certificate of Service)(Varner, Charles)
May 8, 2013 Filing 109 ***DOCUMENT MAILED 108 Order on Motion for Leave to File Excess Pages, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 8, 2013 Opinion or Order Filing 108 TEXT ORDER granting #101 Motion for leave to file excess pages for memorandum of law in support of #102 motion to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 5/8/13.(kmca)
May 8, 2013 Filing 107 ***DOCUMENT MAILED 106 Clerk's Entry of Default, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 8, 2013 Filing 106 Clerk's ENTRY OF DEFAULT as to Pelican Way Financial LLC. (kmca)
May 7, 2013 Filing 105 REQUEST FOR ENTRY OF DEFAULT as to Pelican Way Financial LLC by Capital Investment Funding LLC. (Attachments: #1 Affidavit in support, #2 Certificate of Service)(kmca) Original docket #97 (motion for default judgment) deleted and document refiled by clerk to correct event type. (kmca)
May 7, 2013 Filing 103 Corporate Disclosure Statement by Trazom LLC. (Attachments: #1 Certificate of Service)(Patel, Sima)
May 7, 2013 Filing 102 MOTION to Dismiss Plaintiff's Second Amended Complaint by Trazom LLC. Response to Motion due by 5/24/2013. (Attachments: #1 Memo in Support, #2 Supporting Documents: unpublished cases, #3 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Patel, Sima) Modified on 5/8/2013: to edit text (kmca).
May 7, 2013 Filing 101 MOTION for Leave to File Excess Pages for Memorandum of Law in Support of its Motion to Dismiss by Trazom LLC. Response to Motion due by 5/24/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Patel, Sima)
May 7, 2013 Filing 100 ***DOCUMENT MAILED #98 Order, #99 REPORT AND RECOMMENDATION, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 7, 2013 Filing 99 REPORT AND RECOMMENDATION that the district court dismiss the #89 Third Party Complaint without issuance or service of process and without prejudice. Objections to R&R due by 5/24/2013. Signed by Magistrate Judge Jacquelyn D Austin on 5/7/13. (kmca)
May 7, 2013 Opinion or Order Filing 98 ORDER directing Clerk not to authorize service of Third Party Plaintiffs' #89 Third Party Complaint. Signed by Magistrate Judge Jacquelyn D Austin on 5/7/13. (kmca)
May 6, 2013 Filing 95 ***DOCUMENT MAILED #94 Order on Motion for Reconsideration, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 6, 2013 Opinion or Order Filing 94 ORDER denying #93 Motion for Reconsideration re #41 Order on Motion for Extension of Time to Answer. Signed by Magistrate Judge Jacquelyn D Austin on 5/6/13.(kmca)
May 3, 2013 Filing 92 Joint MOTION for Extension of Time to File Answer by Jan Davidson. Response to Motion due by 5/20/2013. No proposed order.Motions referred to Jacquelyn D Austin.(Varner, Charles) Modified on 5/10/2013: see #110 withdrawal and #111 re-filing of motion (kmca).
May 3, 2013 Filing 89 THIRD PARTY COMPLAINT against Jerry Saad, Curtis Stodghill, Craig Allen, John M Read, IV, Caroline Watson, Rodney F Pillsbury, Christopher Westrick, Stanley T Case, Gene M Connell, Jr, Craig H Allen PA, Saad & Manios Business Services LLC, Tressler LLP, Pamela G H Stodghill, Promotions Group of SC INC, The, Pillsbury & Read PA, Stodghill Law Firm CHRTRD, John or Jane Doe, filed by Kathryn Taillon, Arthur Field. (Attachments: #1 Table I Davyd Field-Trazom payments to CIF-SAAD)(kmca) Modified on 5/30/2013: to correct typo (kmca).
May 2, 2013 Filing 93 MOTION for Reconsideration re #41 Order on Motion for Extension of Time to Answer titled: Motion to Dismiss by Kathryn Taillon as Successor in Interest to Pelican Way Financial LLC by Kathryn Taillon. (Attachments: #1 Receiver's status report as of 12-31-10, #2 Memo in Support, #3 Affidavit, #4 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) NOTE: filed at direction of chambers per #94 order
May 2, 2013 Filing 87 ***DOCUMENT MAILED 86 Order on Motion for Leave to File Excess Pages, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
May 2, 2013 Opinion or Order Filing 86 TEXT ORDER granting Defendant Arthur Field's #80 Motion for Leave to File Excess Pages in support of his Motion #81 to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 5/2/13.(kmca)
May 1, 2013 Filing 85 CERTIFICATE OF SERVICE by Kathryn Taillon re #65 Local Rule 26.01 Answers to Interrogatories. REVISED CERTIFICATE FOR #67 MOTION for Leave to File Excess Pages, #68 MOTION to Dismiss, MOTION for Extension of Time to File Answer, MOTION for Hearing. (kmca)
May 1, 2013 Filing 84 DELETION OF DOCKET ENTRY NUMBER #79 deficiency memo. Reason: Certificate of Service for #78 26.01s filed before deficiency mailed. Corrected Filing Document Number #83 Certificate of Service. (kmca)
May 1, 2013 Filing 83 CERTIFICATE OF SERVICE by Arthur Field re #78 Local Rule 26.01 Answers to Interrogatories. REVISED CERTIFICATE FOR #80 MOTION for Leave to File Excess Pages, #81 MOTION to Dismiss, #82 MOTION to Strike. (kmca)
April 30, 2013 Filing 82 MOTION to Strike portions of #1 Complaint, #6 Amended Complaint, #11 Second Amended Complaint; MOTION for Extension of Time to File Answer re #11 Amended Complaint, by Arthur Field. (Response to Motion due by 5/17/2013.) (Attachments: #1 Memo in Support, #2 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 5/1/2013: see #83 revised certificate of service (kmca).
April 30, 2013 Filing 81 MOTION to Dismiss by Arthur Field. Response to Motion due by 5/17/2013. (Attachments: #1 Memo in Support, #2 Tables and Exhibits List, #3 Table 1 References in second amended complaint as to statutes of limitation, #4 Table II References to actual or constructive knowledge possessed by CIF, #5 Table III Actual or constructive notice to CIF resulting from TOMZ action, #6 Exhibit A Receiver's status report 12-31-10, #7 Exhibit B Receiver's status report 12-31-11, #8 Exhibit C New Jersey Superior Court order 2-15-13, #9 Exhibit D CIF annual meeting 11-18-06, #10 Exhibit E CIF annual meeting 1-15-08, #11 Exhibit F CIF mid-year report 7-14-07, #12 Exhibit G Loans as of 7-25-08, #13 Exhibit H Fraud examination of CIF 9-15-08, #14 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 5/1/2013: see #83 revised certificate of service (kmca). Modified on 5/15/2013 see #124 supplement (kmca). Modified on 7/24/2013: see #283 notice (kmca).
April 30, 2013 Filing 80 MOTION for Leave to File Excess Pages memorandum of law in support of motion to dismiss by Arthur Field. Response to Motion due by 5/17/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 5/1/2013: see #83 revised certificate of service (kmca).
April 30, 2013 Filing 78 Local Rule 26.01 Answers to Interrogatories by Arthur Field.(kmca) Modified on 5/1/2013: see #83 certificate of service (kmca).
April 29, 2013 Filing 75 ***DOCUMENT MAILED 72 Order on Motion for Leave to File Excess Pages, 73 Order, 74 Entry Deletion, #77 motion to dismiss, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca) Modified on 4/29/2013: added #77 motion (kmca).
April 29, 2013 Filing 74 DELETION OF DOCKET ENTRY NUMBER #47 Motion to dismiss for failure to state a claim, MOTION to treat this motion as applicable to all defendants, MOTION for extension of time to file answer for all defendants. Reason: for failure to correct deficiencies in filing per 73 order. (kmca)
April 29, 2013 Opinion or Order Filing 73 TEXT ORDER directing clerk to REMOVE #47 MOTION to dismiss for failure to state a claim, MOTION to treat this motion as applicable to all defendants, MOTION for extension of time to file answer for all defendants filed by Elizabeth Hopper, Charles Pinion, Eugene Hopper, for failure to correct deficiencies in filing. See 64 Deficiency Notification. Counsel for the named defendants was notified of the deficiencies and failed to address them as requested. Signed by Magistrate Judge Jacquelyn D Austin on 4/29/13. (kmca)
April 29, 2013 Opinion or Order Filing 72 TEXT ORDER granting #67 Motion for Leave to File Excess Pages, memorandum of law in support of #68 motion to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 4/29/13.(kmca)
April 26, 2013 Filing 70 ***DOCUMENT MAILED #53 Pro Se Holbrooks' Answer to Amended Complaint, placed in U.S. Mail to Arthur Field, Kathryn Taillon (kmca)
April 26, 2013 Filing 69 ***DOCUMENT MAILED: #66 Deficiency Memo with page 2 of #36 order, placed in U.S. Mail to Arthur Field, Kathryn Taillon, James Nathan Holbrooks (kmca)
April 26, 2013 Filing 68 MOTION to Dismiss by Kathryn Taillon. (Response to Motion due by 5/16/2013.) (Attachments: #1 Table 1 references in second amended complaint evidencing dates as to statutes of limitation, #2 Table 2 actual or constructive notice to CIF, #3 Memo in Support NOTE see page 50: Joining Herein Arthur M Field pro se, #4 Appendix A elaboration of facts as to Taillon, #5 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 5/1/2013: see #85 revised certificate of service (kmca). Modified on 12/13/2013: to remove text per chambers (kmca).
April 26, 2013 Filing 67 MOTION for Leave to File Excess Pages memorandum of law in support of motion to dismiss by Kathryn Taillon. Response to Motion due by 5/16/2013. (Attachments: #1 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) Modified on 5/1/2013: see #85 revised certificate of service (kmca).
April 26, 2013 Filing 66 Deficiency Memo: #65 26.01 interrogatories, no certificate of service. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 5/13/2013. (kmca) Modified on 5/1/2013: correction received (kmca).
April 26, 2013 Filing 65 Local Rule 26.01 Answers to Interrogatories by Kathryn Taillon.(kmca) Modified on 5/1/2013: see #85 certificate of service (kmca).
April 25, 2013 Filing 64 Deficiency Notification (Prior notifications sent via e-mail) in re Document Number: 47 motion to dismiss: motion filed without a certificate of service to pro se defendants, and motion filed without a consultation certificate. CORRECTION REQUIRED BY 4/26/13. (Any response due to motion is based on the filing date of the original document). (kmca)
April 23, 2013 Filing 63 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #15 Lis Pendens (Attachments: #1 Affidavit of Service of Thornblade Lis Pendens on Allyson Field, #2 Affidavit of Service of Thornblade Lis Pendens on Arthur Field, #3 Affidavit of Service of Thornblade Lis Pendens on Kathryn Taillon, #4 Affidavit of Service of Thornblade Lis Pendens on Lancaster Mortgage)(Pillsbury, Rodney)
April 23, 2013 Filing 62 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #12 Lis Pendens (Attachments: #1 Affidavit of Service of Spartanburg Lis Pendens on Brian Knight, #2 Affidavit of Service of Spartanburg Lis Pendens on LOP Capital, #3 Affidavit of Service of Spartanburg Lis Pendens on Michael Loprieno)(Pillsbury, Rodney)
April 23, 2013 Filing 61 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #14 Lis Pendens (Attachments: #1 Affidavit of Service of Cleveland Street Lis Pendens on Arthur Field, #2 Affidavit of Service of Cleveland Street Lis Pendens on Bolingbroke United, #3 Affidavit of Service of Cleveland Street Lis Pendens on Monmouth Financial)(Pillsbury, Rodney)
April 23, 2013 Filing 60 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #8 Lis Pendens (Attachments: #1 Affidavit of Service of Trazom Lis Pendens on Arthur Field, #2 Affidavit of Service of Trazom Lis Pendend on Charles Pinion, #3 Affidavit of Service of Trazom Lis Pendens on David Gantt, #4 Affidavit of Service of Trazom Lis Pendens on Davyd Field, #5 Affidavit of Service of Trazom Lis Pendens on Gene Hopper, #6 Affidavit of Service of Trazom Lis Pendens on Joshua Ward, #7 Affidavit of Service of Trazom Lis Pendens on Trazom)(Pillsbury, Rodney)
April 23, 2013 Filing 59 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #13 Lis Pendens (Attachments: #1 Affidavit of Service of Aldgate Way Lis Pendens on Arthur Field)(Pillsbury, Rodney)
April 23, 2013 Filing 58 ***DOCUMENT MAILED #56 Order, placed in U.S. Mail to Arthur Field, Kathryn Taillon (kmca)
April 23, 2013 Filing 57 ***DOCUMENT MAILED #56 Order with LR 26.01s and pro se guide, placed in U.S. Mail to James Nathan Holbrooks (kmca)
April 23, 2013 Opinion or Order Filing 56 ORDER directing pro se Defendant James Nathan Holbrooks to submit fully completed and signed pro se party's answers to Rule 26.01 interrogatories, and to notify Clerk in writing of any change of address. (Answer to LR26.01 Interrogatories due by 5/17/2013.) Signed by Magistrate Judge Jacquelyn D Austin on 4/23/13. (kmca)
April 22, 2013 Filing 77 MOTION to Dismiss by James Nathan Holbrooks. Response to Motion due by 5/9/2013. (Attachments: #1 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) NOTE: re-filed by clerk after review by chambers who determined #53 pro se answer is also a motion to dismiss.
April 22, 2013 Filing 53 Pro Se ANSWER to #11 Amended Complaint, by James Nathan Holbrooks. (Attachments: #1 Envelope)(kmca)
April 19, 2013 Filing 51 SUMMONS Returned Executed by Capital Investment Funding LLC. Gene Ahlers served on 4/6/2013, answer due 4/29/2013; Alliance Development Partners LLC served on 3/28/2013, answer due 4/18/2013; Apex Construction served on 3/30/2013, answer due 4/22/2013; Badger Development LLC served on 3/28/2013, answer due 4/18/2013; Reba Cox served on 3/30/2013, answer due 4/22/2013; Jan Davidson served on 3/30/2013, answer due 4/22/2013; Mark Davidson served on 4/10/2013, answer due 5/1/2013; Philip Davidson served on 3/30/2013, answer due 4/22/2013; Anthony Edgar served on 3/28/2013, answer due 4/18/2013; Allyson Field served on 4/14/2013, answer due 5/6/2013; James Nathan Holbrooks served on 3/30/2013, answer due 4/22/2013; Melinda Holbrooks served on 3/30/2013, answer due 4/22/2013; Eugene Hopper served on 3/28/2013, answer due 4/18/2013; Brad Kelley served on 3/28/2013, answer due 4/18/2013; Johnny M Kelley served on 3/28/2013, answer due 4/18/2013; Log Dirt LLC served on 3/28/2013, answer due 4/18/2013; Lot 37 Waters Edge LLC served on 3/28/2013, answer due 4/18/2013; Lot 46 Waters Edge LLC served on 3/28/2013, answer due 4/18/2013; Lot 6 Lakewater Cove LLC served on 3/28/2013, answer due 4/18/2013; Neighborhood Homes LLC served on 3/28/2013, answer due 4/18/2013; Charles Pinion served on 3/30/2013, answer due 4/22/2013; Seed Construction served on 3/28/2013, answer due 4/18/2013; Southridge Construction Inc served on 3/29/2013, answer due 4/19/2013; Total Package Grading served on 3/30/2013, answer due 4/22/2013; Joshua Ward served on 3/29/2013, answer due 4/19/2013. (Attachments: #1 Affidavit of Service of Gene T Ahlers, #2 Affidavit of Service of Allicance Development Partners, #3 Affidavit of Service of Apex Construction, #4 Affidavit of Service of Badger Development, #5 Affidavit of Service of Reba Cox, #6 Affidavit of Service of Jan Davidson, #7 Affidavit of Service of Mark Davidson, #8 Affidavit of Service of Philip Davidson, #9 Affidavit of Service of Anthony Edgar, #10 Affidavit of Service of Allyson Field, #11 Affidavit of Service of James Holbrooks, Sr., #12 Affidavit of Service of Melinda Holbrooks, #13 Affidavit of Service of Eugene Hopper, #14 Affidavit of Service of Brad Kelley, #15 Affidavit of Service of Johnny Kelley, #16 Affidavit of Service of Log Dirt, #17 Affidavit of Service of Lot 37 Waters Edge, #18 Affidavit of Service of Lot 46 Waters Edge, #19 Affidavit of Service of Lot 6 Lakewater Cove, #20 Affidavit of Service of Neighborhood Homes, #21 Affidavit of Service of Charles Pinion, #22 Affidavit of Service of Seed Construction, #23 Affidavit of Service of Southridge Construction, #24 Affidavit of Service of Total Package Evading, #25 Affidavit of Service of Joshua Ward, #26 Certificate of Service)(Pillsbury, Rodney)
April 18, 2013 Filing 49 LIS PENDENS by Capital Investment Funding LLC. (Attachments: #1 Georgia Lis Pendens, #2 Certificate of Service for Georgia Lis Pendens)(Pillsbury, Rodney)
April 18, 2013 Filing 48 LIS PENDENS by Capital Investment Funding LLC. (Attachments: #1 Florida Lis Pendens, #2 Certificate of Service of Florida Lis Pendens)(Pillsbury, Rodney)
April 16, 2013 Filing 46 NOTICE of Appearance by Sima Bhakta Patel on behalf of Trazom LLC (Attachments: #1 Certificate of Service)(Patel, Sima)
April 15, 2013 Filing 45 LETTER EXTENDING TIME TO ANSWER. (Attachments: #1 Signature page)(Stephenson, Thomas) (Additional attachment(s) added on 4/16/2013: #2 Certificate of Service).(Main Document 45 and Attachment 1 replaced on 4/16/2013: to replace incorrect document with correct document as provided by filing user).(kmca).
April 11, 2013 Filing 44 CERTIFICATE OF SERVICE by Capital Investment Funding LLC re #43 Summons Returned Executed,,,,,,,, (Pillsbury, Rodney)
April 10, 2013 Filing 43 SUMMONS Returned Executed by Capital Investment Funding LLC. Advance Business Funding LLC served on 3/28/2013, answer due 4/18/2013; Chrysler Drive Trust, The served on 3/23/2013, answer due 4/15/2013; Community South Bank and Trust served on 4/1/2013, answer due 4/22/2013; Cotton Mill Trust, The served on 3/23/2013, answer due 4/15/2013; Martin Ender served on 4/1/2013, answer due 4/22/2013; Roger Ezell served on 3/28/2013, answer due 4/18/2013; Ezell Investment Company LLC served on 3/28/2013, answer due 4/18/2013; David Gantt served on 3/27/2013, answer due 4/17/2013; Benjamin Hines served on 3/27/2013, answer due 4/17/2013; Instant Cash Inc served on 3/28/2013, answer due 4/18/2013; David Lorenzo served on 4/1/2013, answer due 4/22/2013; Michael Moore served on 3/23/2013, answer due 4/15/2013; Moore & Associates LLC served on 3/23/2013, answer due 4/15/2013; Nevada Processing Center Inc served on 3/23/2013, answer due 4/15/2013; Old Arcadia Road Trust, The served on 3/23/2013, answer due 4/15/2013; Pickering Road Trust, The served on 3/23/2013, answer due 4/15/2013; Barry Lynn Spencer served on 3/28/2013, answer due 4/18/2013; Upper Nehalem Trust, The served on 3/23/2013, answer due 4/15/2013. (Attachments: #1 Affidavit Service on Advance Business Funding, #2 Affidavit Service of Barry Lynn Spencer, #3 Affidavit Service of Benjamin Hines, #4 Affidavit Service of David Gantt, #5 Affidavit Service of David Lorenzo, #6 Affidavit Service of Ezell Investment Company, #7 Affidavit Service of Instant Cash, #8 Affidavit Service of Martin Ender, #9 Affidavit Service of Michael J. Moore, #10 Affidavit Service of Moore & Associates, #11 Affidavit Service of Nevada Processing Center, #12 Affidavit Service of Roger D. Ezell, #13 Affidavit Service of The Chrysler Drive Trust, #14 Affidavit Service of The Cotton Mill Trust, #15 Affidavit Service of The Old Arcadia Road Trust, #16 Affidavit Service of The Pickering Road Trust, #17 Affidavit Service of The Upper Nahalem Trust, #18 Affidavit Service of CommunitySouth Bank)(Pillsbury, Rodney)
April 9, 2013 Filing 42 ***DOCUMENT MAILED #41 Order on Motion for Extension of Time to Answer, placed in U.S. Mail to Arthur Field, Kathryn Taillon (kmca)
April 9, 2013 Opinion or Order Filing 41 ORDER denying #38 Pro Se Motion for Extension of Time to Answer. Pro se litigants cannot legally represent corporations in this court. Signed by Magistrate Judge Jacquelyn D Austin on 4/9/13.(kmca)
April 8, 2013 Filing 38 PRO SE MOTION for Extension of Time until 5/6/2013 to File Answer to #11 Amended Complaint, FILED BY Arthur Field, Kathryn Taillon. Response to Motion due by 4/26/2013. (SEE LIST ATTACHED FOR CORPORATIONS / PARTIES FOR WHICH Field and Taillon are or were registered agents). (Attachments: #1 Schedule of Entities / Pro se parties are or were formerly registered agents) No proposed order.Motions referred to Jacquelyn D Austin.(sfla) Modified on 4/9/2013 to correct filing date (sfla).
April 8, 2013 Filing 37 ***DOCUMENT MAILED #36 Order with 2 blank 26.01 interrogatories, copy policy, PACER info, SC Bar's Lawyer referral service, Pro Se guide, placed in U.S. Mail to Arthur Field, Kathryn Taillon (kmca)
April 8, 2013 Opinion or Order Filing 36 ORDER advising pro se Defendants Arthur Field and Kathryn Taillon to notify Clerk in writing of any change of address. ORDER Granting #30 and #31 Motions for Extension of Time to File Answer. Arthur Field answer due 5/6/2013; Kathryn Taillon answer due 5/6/2013. Signed by Magistrate Judge Jacquelyn D Austin on 4/8/13. (kmca)
April 5, 2013 Filing 34 ***DOCUMENT MAILED 33 Notice Change of Case Number, placed in U.S. Mail to Arthur Field, Kathryn Taillon (kmca)
April 5, 2013 Filing 33 NOTICE OF CHANGE OF CASE NUMBER to 6-12-cv-3401-MGL-JDA. Please make a note of it for future filings as well as Judge's preferences. (kmca)
April 5, 2013 Filing 31 PRO SE MOTION for Extension of Time of 21 days - until 5/6/13 - to File Answer or other responsive pleading re #11 Second Amended Complaint, by Arthur Field. Response to Motion due by 4/22/2013. (Attachments: #1 Affidavit of Arthur Field - requesting that defendant be excused from speaking directly with Plaintiff's Counsel at any time)(sfla)
April 5, 2013 Filing 30 PRO SE MOTION for Extension of Time of 21 days - until 5/6/13 - to File Answer or other responsive pleading re #11 Second Amended Complaint, by Kathryn Taillon. Response to Motion due by 4/22/2013. (Attachments: #1 Affidavit of Kathryn Taillon - requesting that defendant be excused from speaking directly with Plaintiff's Counsel at any time) (sfla, )
April 4, 2013 Filing 29 SUMMONS Returned Executed by Capital Investment Funding LLC. CapGain Properties Inc served on 3/27/2013, answer due 4/17/2013; Brian Knight served on 3/27/2013, answer due 4/17/2013; LOP Capital LLC served on 3/27/2013, answer due 4/17/2013; Michael Loprieno served on 3/28/2013, answer due 4/18/2013; United Private Capital Inc served on 3/27/2013, answer due 4/17/2013. (Attachments: #1 Affidavit Service on Brian Knight, #2 Affidavit Service on CapGain Properties, #3 Affidavit Service on LOP Capital, #4 Affidavit Service on Michael Loprieno, #5 Affidavit Service on United Private Capital)(Pillsbury, Rodney)
April 3, 2013 Filing 28 SUMMONS Returned Executed by Capital Investment Funding LLC. Angle Holdings LLC served on 3/27/2013, answer due 4/17/2013; Dunross Straun LLC served on 3/27/2013, answer due 4/17/2013; Ralph Gleaton served on 3/27/2013, answer due 4/17/2013; Gleaton Wyatt Hewitt PA served on 3/27/2013, answer due 4/17/2013; Paula Haney served on 3/27/2013, answer due 4/17/2013; P and G Title Agency LLC served on 3/27/2013, answer due 4/17/2013; PG&G Title Insurance LLC served on 3/27/2013, answer due 4/17/2013; PGGW Title Insurance LLC served on 3/27/2013, answer due 4/17/2013; Scott Pfeiffer served on 3/27/2013, answer due 4/17/2013; Red Lion Trading House LLC served on 3/27/2013, answer due 4/17/2013; Saxon Business Services LLC served on 3/27/2013, answer due 4/17/2013; Saxon Holding LLC served on 3/27/2013, answer due 4/17/2013; Tcholok Properties LLC served on 3/27/2013, answer due 4/17/2013. (Attachments: #1 Affidavit Service of Angle Holdings, #2 Affidavit Service of Dunross Straun, #3 Affidavit Service of Gleaton Wyatt & Hewitt, #4 Affidavit Service of P&G Title Agency, #5 Affidavit Service of Paula Haney, #6 Affidavit Service of PG&G Title Insurance, #7 Affidavit Service of PGGW Title Insurance, #8 Affidavit Service of Ralph Gleaton, #9 Affidavit Service of Red Lion Trading House, #10 Affidavit Service of Saxon Business Services, #11 Affidavit Service of Saxon Holding, #12 Affidavit Service of Scott Pfeiffer, #13 Affidavit Service of Tcholok Properties)(Pillsbury, Rodney)
April 2, 2013 Filing 27 SUMMONS Returned Executed by Capital Investment Funding LLC. Aladdin's Grill and Cafe LLC served on 3/25/2013, answer due 4/15/2013; Asante Properties LLC served on 3/28/2013, answer due 4/18/2013; Jose Rodriguez served on 3/25/2013, answer due 4/15/2013. (Attachments: #1 Affidavit Service on Aladdin's Grill, #2 Affidavit Service on Asante Properties, #3 Affidavit Service on Jose Rodriguez)(Pillsbury, Rodney)
April 1, 2013 Filing 26 SUMMONS Returned Executed by Capital Investment Funding LLC. Blenheim Properties LLC served on 3/26/2013, answer due 4/16/2013; Bountiful Bingo LLC served on 3/26/2013, answer due 4/16/2013; Bradford Financial Group LLC served on 3/26/2013, answer due 4/16/2013; Krondor Trading Co LLC served on 3/26/2013, answer due 4/16/2013; Lion Financial LLC served on 3/26/2013, answer due 4/16/2013; Mithril Funding LLC served on 3/26/2013, answer due 4/16/2013; RAAF Enterprises LLC served on 3/26/2013, answer due 4/16/2013; York Mortgage Funding LLC served on 3/26/2013, answer due 4/16/2013. (Attachments: #1 Affidavit Service on Blenheim Properties, #2 Affidavit Service on Bountiful Bingo, #3 Affidavit Service on Bradford Financial, #4 Affidavit Service on Krondor Trading, #5 Affidavit Service on Lion Financial, #6 Affidavit Service on Mithrill Funding, #7 Affidavit Service on RAAF Enterprises, #8 Affidavit Service on York Mortgage)(Pillsbury, Rodney) Modified on 9/11/2013: see #379 Amended Affidavit of Service on RAAF Enterprises, LLC (kmca).
April 1, 2013 Filing 25 SUMMONS Returned Executed by Capital Investment Funding LLC. Pelican Way Financial LLC served on 3/26/2013, answer due 4/16/2013. (Attachments: #1 Affidavit Service on Pelican Way Financial)(Pillsbury, Rodney)
April 1, 2013 Filing 24 SUMMONS Returned Executed by Capital Investment Funding LLC. Arthur Field served on 3/26/2013, answer due 4/16/2013. (Attachments: #1 Affidavit Service on Arthur Field)(Pillsbury, Rodney)
April 1, 2013 Filing 23 SUMMONS Returned Executed by Capital Investment Funding LLC. Kathryn Taillon served on 3/26/2013, answer due 4/16/2013. (Attachments: #1 Affidavit Service on Kathryn Taillon)(Pillsbury, Rodney) Modified on 4/2/2013 to correct spelling (alew, ).
April 1, 2013 Filing 22 SUMMONS Returned Executed by Capital Investment Funding LLC. Lancaster Mortgage Bankers served on 3/26/2013, answer due 4/16/2013. (Attachments: #1 Affidavit Service on Lancaster Mortgage)(Pillsbury, Rodney) Modified on 9/11/2013: see #379 Amended Affidavit of Service (kmca).
April 1, 2013 Filing 21 SUMMONS Returned Executed by Capital Investment Funding LLC. Bolingbroke United Ltd served on 3/26/2013, answer due 4/16/2013; Monmouth Financial Group Ltd served on 3/26/2013, answer due 4/16/2013. (Attachments: #1 Affidavit Service of Monmouth Financial, #2 Affidavit Service of Bolingbroke United)(Pillsbury, Rodney) Modified on 9/11/2013: see #379 Amended Affidavit of Service on Bolingbroke United (England) Ltd (kmca).
April 1, 2013 Filing 20 SUMMONS Returned Executed by Capital Investment Funding LLC. Trazom LLC served on 3/26/2013, answer due 4/16/2013. (Attachments: #1 Affidavit Service on Trazom, LLC)(Pillsbury, Rodney)
March 20, 2013 Filing 19 Summons Issued in re: #11 Amended Complaint as to ABC Companies 1-35, Jane Does 1-35, John Does 1-35, P and G Title Agency LLC. (Attachments: #1 Addendum A-Parties for Service)(alew, )
March 20, 2013 Filing 16 Summons Issued re: #11 Second Amended Complaint as to ABC Companies, Advance Business Funding LLC, Gene Ahlers, Aladdin's Grill and Cafe LLC, Amerishare Corporation, Angle Holdings LLC, Apex Construction, Arrowhead Funding Corporation, Asante Properties LLC, Badger Development LLC, Bill Beckman, Blenheim Properties LLC, Bolingbroke United Ltd, Bountiful Bingo LLC, Bradford Financial Group LLC, Jack Campitelli, CapGain Properties Inc, Capital Intrastate Funding LLC, James Caserta, Chrysler Drive Trust, The, Community South Bank and Trust, Cotton Mill Trust, The, Reba Cox, Jan Davidson, Mark Davidson, Philip Davidson, Dunross Struan LLC, Anthony Edgar, Martin Ender, Roger Ezell, Ezell Investment Company LLC, Allyson Field, Davyd Field, Shawna Freeman, David Gantt, Ralph Gleaton, Gleaton Wyatt Hewitt PA, GodProp LLC, Gulf Capital LP, Gulf Capital Management Inc, Paula Haney, Alysia Hazelton, He Will Provide LLC, Ben Hines, Melinda Holbrooks, Nathan Holbrooks, Elizabeth Hopper, Eugene Hopper, Instant Cash Inc, J and H Builders LLC, Gary Johnson, D L Jones, Stuart Katz, Brad Kelley, Johnny Kelley, Bart Kelly, Brian Knight, Krondor Trading Co LLC, Robert J L'Abbate, LOP Capital LLC, Lamplighter Mortgage Company LLC, Lancaster Mortgage Bankers, Lion Financial LLC, Log Dirt LLC, Mike Loprieno, David Lorenzo, Lot 37 Waters Edge LLC, Lot 46 Waters Edge LLC, Lot 6 Lakewater Cove LLC, Jamie McKeough, Mithril Funding LLC, Monmouth Financial Group Ltd, Michael Moore, Moore & Associates LLC, Ashley Morey, Neighborhood Homes LLC, Nevada Processing Center Inc, Old Arcadia Road Trust, The, Onward Finance Corporation, Onward Recovery Partners Corporation, Our Tree House LLC, PG&G Title Insurance LLC, PGGW Title Insurance LLC, Pelican Way Financial LLC, Scott Pfeiffer, Charles Pinion, RAAF Enterprises LLC, Red Lion Trading House LLC, Jose Rodriguez, J G Ryckman, Elliot Salzman, Saneski LLC, Saxon Business Services LLC, Saxon Holding LLC, J Geneva Seller, Southridge Construction Inc, Barry Lynn Spencer, Strategic Lending Solutions LLC, Kathryn Taillon, Tcholok Properties LLC, Total Package Grading, United Private Capital Inc, Upper Nehalem Trust, The, Joshua Ward, Kirsten M White, York Mortgage Funding LLC. (Attachments: #1 Addendum A-Parties for Service)(alew, )
March 20, 2013 Filing 15 LIS PENDENS by Capital Investment Funding LLC. (Attachments: #1 Greenville County Lis Pendens - Thornblade)(Pillsbury, Rodney) Modified on 4/24/2013: see #63 certificate of service (kmca).
March 20, 2013 Filing 14 LIS PENDENS by Capital Investment Funding LLC. (Attachments: #1 Greenville County Lis Pendens - Cleveland Street)(Pillsbury, Rodney) Modified on 4/24/2013: see #61 certificate of service (kmca).
March 20, 2013 Filing 13 LIS PENDENS by Capital Investment Funding LLC. (Attachments: #1 Greenville County Lis Pendens - Aldgate Way)(Pillsbury, Rodney) Modified on 4/24/2013: see #59 certificate of service (kmca).
March 20, 2013 Filing 12 LIS PENDENS by Capital Investment Funding LLC. (Attachments: #1 Spartanburg County Lis Pendens)(Pillsbury, Rodney) Modified on 4/24/2013: see #62 certificate of service (kmca).
March 19, 2013 Filing 11 SECOND AMENDED COMPLAINT against All Defendants, filed by Capital Investment Funding LLC. (Pillsbury, Rodney) Modified on 3/20/2013 to edit text(alew, ). (Main Document 11 replaced on 3/20/2013) (alew, ). Modified on 3/20/2013 to replace with corrected document per attorney request(alew, ).
March 18, 2013 Filing 9 Summons Issued as to Advance Business Funding LLC, Gene Ahlers, Aladdin's Grill and Cafe LLC, Amerishare Corporation, Apex Construction, Arrowhead Funding Corporation, Asante Properties LLC, Bill Beckman, Blenheim Properties LLC, Bolingbroke United Ltd, Bountiful Bingo LLC, Bradford Financial Group LLC, Jack Campitelli, CapGain Properties Inc, Capital Intrastate Funding LLC, James Caserta, Community South Bank and Trust, Reba Cox, Jan Davidson, Mark Davidson, Philip Davidson, Dunross Struan LLC, Anthony Edgar, Martin Ender, Roger Ezell, Ezell Investment Company LLC, Allyson Field, Davyd Field, Arthur Field, Shawna Freeman, David Gantt, Ralph Gleaton, Gleaton Wyatt Hewitt PA, GodProp LLC, Gulf Capital LP, He Will Provide LLC, Ben Hines, Melinda Holbrooks, Nathan Holbrooks, Elizabeth Hopper, Eugene Hopper, Instant Cash Inc, J and H Builders LLC, Gary Johnson, Stuart Katz, Brad Kelley, Johnny Kelley, Bart Kelly, Brian Knight, Krondor Trading Co LLC, Robert J L'Abbate, LOP Capital LLC, Lamplighter Mortgage Company LLC, Mike Loprieno, David Lorenzo, Lot 37 Waters Edge LLC, Lot 46 Waters Edge LLC, Lot 6 Lakewater Cove LLC, Mithril Funding LLC, Monmouth Financial Group Ltd, Michael Moore, Moore & Associates LLC, Ashley Morey, Neighborhood Homes LLC, Nevada Processing Center Inc, Onward Recovery Partners Corporation, Our Tree House LLC, PG&G Title Insurance LLC, PGGW Title Insurance LLC, Pelican Way Financial LLC, Charles Pinion, RAAF Enterprises LLC, Jose Rodriguez, J G Ryckman, Elliot Salzman, Saneski LLC, Saxon Business Services LLC, Saxon Holding LLC, Seed Construction, Southridge Construction Inc, Barry Lynn Spencer, Strategic Lending Solutions LLC, Kathryn Taillon, Tcholok Properties LLC, Total Package Grading, Trazom LLC, United Private Capital Inc, Upper Nehalem Trust, The, Joshua Ward, Kirsten M White, York Mortgage Funding LLC. (Attachments: #1 Addendum A)(alew, ) Modified on 3/18/2013 to edit text(alew, ).
March 5, 2013 Filing 8 LIS PENDENS by Capital Investment Funding LLC. (Attachments: #1 Lis Pendens, #2 Amended Lis Pendens)(Pillsbury, Rodney) Modified on 4/24/2013: see #60 certificate of service (kmca).
February 15, 2013 Filing 6 AMENDED COMPLAINT against All Defendants, filed by Capital Investment Funding LLC. (Pillsbury, Rodney)
December 3, 2012 Filing 4 Case Reassigned to Judge Honorable Mary G Lewis. Judge Honorable Timothy M Cain no longer assigned to the case. (glev, )
November 30, 2012 Filing 3 Local Rule 26.01 Answers to Interrogatories by Capital Investment Funding LLC.(gpre, )
November 29, 2012 Filing 1 COMPLAINT against ABC Companies, Advance Business Funding LLC, Gene Ahlers, Aladdin's Grill and Cafe LLC, Angle Holdings LLC, Apex Construction, Arrowhead Funding Corporation, Asante Properties LLC, Badger Development LLC, Greg Bailey, Bill Beckman, Blenheim Properties LLC, Bolingbroke United Ltd, Bountiful Bingo LLC, Bradford Financial Group LLC, Jack Campitelli, Capital Intrastate Funding LLC, Paul Chalmers, Chrysler Drive Trust, The, Community South Bank and Trust, Construction Resources Inc, Cotton Mill Trust, The, Reba Cox, Jan Davidson, Mark Davidson, Philip Davidson, Jane Does 1-25, John Does 1-25, Dunross Struan LLC, Anthony Edgar, Roger Ezell, Ezell Investment Company LLC, Davyd Field, Arthur Field, Shawna Freeman, G&P Title Agency LLC, GG&P Title Insurance LLC, David Gantt, Ralph Gleaton, Gleaton Wyatt Hewitt PA, GodProp LLC, Gulf Capital LP, Gulf Capital Management Inc, Dennis Hackney, Paula Haney, Alysia Hazelton, He Will Provide LLC, Ben Hines, Mark Holbrooks, Melinda Holbrooks, Nathan Holbrooks, Elizabeth Hopper, Ideal Mortgage Group Inc, Instant Cash Inc, Gary Johnson, D L Jones, Ross Jones, Brad Kelley, Johnny Kelley, Bart Kelly, Brian Knight, Krondor Trading Co LLC, LOP Capital LLC, Lamplighter Mortgage Company LLC, Lion Financial LLC, Log Dirt, Mike Loprieno, Lot 37 Waters Edge LLC, Lot 46 Waters Edge LLC, Lot 6 Lakewater Cove LLC, Jamie McKeough, Mithril Funding LLC, Monmouth Financial Group Ltd, Michael Moore, Moore & Associates LLC, Ashley Morey, Neighborhood Homes LLC, Nevada Processing Center INc, Old Arcadia Road Trust, The, Onward Finance Corporation, Onward Recovery Partners Corporation, Our Tree House LLC, PGGW Title Insurance LLC, Michael Parish, Scott Pfeiffer, Charles Pinion, RAAF Enterprises LLC, Red Lion Trading House LLC, Rhododendron LLC, Jose Rodriguez, J G Ryckman, Saneski LLC, Saxon Business Services LLC, Saxon Holding LLC, Seed Construction, J Geneva Seller, Southridge Construction Inc, Barry Lynn Spencer, Steele Construction of SC Inc, Strategic Lending Solutions LLC, Kathryn Taillon, Tcholok Properties LLC, The Upper Nehalem Trust, Total Package Grading, Trazom LLC, Joshua Ward, York Mortgage Funding LLC ( Filing fee $ 350 receipt number 0420-4433624.), filed by Capital Investment Funding LLC.(gpre, )

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Defendant: Capital Intrastate Funding LLC
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Defendant: Instant Cash Inc
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Defendant: Ross Jones
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Defendant: Robert J L'Abbate
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Defendant: Krondor Trading Co LLC
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Defendant: Scott Pfeiffer
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Defendant: Shawna Freeman
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Defendant: Alysia Hazelton
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Defendant: Mithril Funding LLC
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Defendant: Advance Business Funding LLC
Represented By: Kenneth C Anthony, Jr
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Defendant: Geneva Campitelli
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Defendant: Moore & Associates LLC
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Defendant: PGGW Title Insurance LLC
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Defendant: Lancaster Mortgage Bankers
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Defendant: Saneski LLC
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Defendant: Bradford Financial Group LLC
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Defendant: Old Arcadia Road Trust, The
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Defendant: DL Jones
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Defendant: Charles Pinion
Represented By: James J Todd INACTIVE Kincannon
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Defendant: Jose Rodriguez
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Defendant: GodProp LLC
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Defendant: Aladdin's Grill and Cafe LLC
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Defendant: Bolingbroke United Ltd
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Defendant: LOP Capital LLC
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Defendant: Bill Beckman
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Defendant: Michael Moore
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Defendant: Gary Lynn Johnson
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Defendant: Asante LLC
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Defendant: David Gantt
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Defendant: Pickering Road Trust, The
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Defendant: Blenheim Properties LLC
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Defendant: Lot 37 Waters Edge LLC
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Defendant: Allyson Field
Represented By: Jennifer B Howe
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Defendant: Joshua Ward
Represented By: Keith Glennon Denny
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Defendant: He Will Provide LLC
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Defendant: Gleaton Wyatt Hewitt PA
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Defendant: Red Lion Trading House LLC
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Defendant: Ashley Morey
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Defendant: Davyd Field
Represented By: Andrew Addison Mathias
Represented By: Sima Bhakta Patel
Represented By: Thomas L Stephenson
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Defendant: JG Ryckman
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Defendant: Elizabeth Hopper
Represented By: James J Todd INACTIVE Kincannon
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Defendant: Greg Bailey
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Defendant: Community South Bank and Trust
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Defendant: J and H Builders LLC
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Defendant: Rhododendron LLC
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Defendant: Saxon Holding LLC
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Defendant: Nevada Processing Center Inc
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Defendant: Michael Parish
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Defendant: Elliot Salzman
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Defendant: Cotton Mill Trust, The
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Defendant: James Caserta
Represented By: Jason Paul Peavy
Represented By: Umar Amjad Sheikh
Represented By: Misha Monique Wright
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Defendant: Monmouth Financial Group Ltd
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Defendant: Mark Davidson
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Defendant: Lot 6 Lakewater Cove LLC
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Defendant: York Mortgage Funding LLC
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Defendant: Neighborhood Homes LLC
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Defendant: Michael Loprieno
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Defendant: ABC Companies
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Defendant: PG&G Title Insurance LLC
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Defendant: Stuart Katz
Represented By: William Alexander Coates
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Defendant: Eugene Hopper
Represented By: James J Todd INACTIVE Kincannon
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Defendant: Construction Resources Inc
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Defendant: Angle Holdings LLC
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Defendant: Brian Knight
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Defendant: Dennis Hackney
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Defendant: Benjamin Hines
Represented By: Kenneth C Anthony, Jr
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Defendant: James Nathan Holbrooks
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Defendant: Pelican Way Financial LLC
Represented By: Bradford Neal Martin
Represented By: Jessica Salvini
Represented By: Margaret A Chamberlain
Represented By: Evan Brook Bristow
Represented By: Laura WH Teer
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Defendant: Amerishare Corporation
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Defendant: Brad Kelley
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Defendant: Alliance Development Partners LLC
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Defendant: Roger Ezell
Represented By: Kenneth C Anthony, Jr
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Defendant: Mark Holbrooks
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Defendant: RAAF Enterprises LLC
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Defendant: G&P Title Agency LLC
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Defendant: Total Package Grading
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Defendant: Jane Does 1-25
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Defendant: Upper Nehalem Trust, The
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Defendant: Paul Chalmers
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Defendant: Log Dirt LLC
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Defendant: Arrowhead Funding Corporation
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Defendant: Gulf Capital LP
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Defendant: Ezell Investment Company LLC
Represented By: Kenneth C Anthony, Jr
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Defendant: Trazom LLC
Represented By: Sima Bhakta Patel
Represented By: Andrew Addison Mathias
Represented By: Thomas L Stephenson
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Defendant: Apex Construction
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Defendant: Ralph Gleaton
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Defendant: Bountiful Bingo LLC
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Defendant: Kirsten M White
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Defendant: United Private Capital Inc
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Defendant: Seed Construction
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Defendant: Anthony Edgar
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Defendant: John Does 1-25
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Defendant: Timothy Bart Kelley
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Defendant: Donna Jones
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Defendant: P and G Title Agency LLC
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Defendant: Jane Does 1-35
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Defendant: John Does 1-35
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Defendant: Paula Haney
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Defendant: Johnny M Kelley
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Defendant: Our Tree House LLC
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Defendant: Gulf Capital Management Inc
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Defendant: GG&P Title Insurance LLC
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Defendant: Onward Finance Corporation
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Defendant: Barry Lynn Spencer
Represented By: Kenneth C Anthony, Jr
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Defendant: Onward Recovery Partners Corporation
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Defendant: Chrysler Drive Trust, The
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Defendant: Lot 46 Waters Edge LLC
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Defendant: Jamie McKeough
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Defendant: Dunross Straun LLC
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Defendant: Southridge Construction Inc
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Defendant: Martin Ender
Represented By: Jason Paul Peavy
Represented By: Umar Amjad Sheikh
Represented By: Misha Monique Wright
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Defendant: Strategic Lending Solutions LLC
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Defendant: Melinda Holbrooks
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Defendant: Philip Davidson
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3rd party defendant: Christopher Westrick
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3rd party defendant: Promotions Group of SC INC, The
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3rd party defendant: Marika G Allen
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3rd party defendant: Jerry Saad
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3rd party defendant: Jerry Saad CPA PA
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3rd party defendant: Craig H Allen PA
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3rd party defendant: Devito Snowden & Co LLC
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3rd party defendant: Michael O'Shea
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3rd party defendant: Rodney F Pillsbury
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3rd party defendant: Pamela G H Stodghill
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3rd party defendant: Curtis Stodghill
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3rd party defendant: Pillsbury & Read PA
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3rd party defendant: Craig Allen
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3rd party defendant: Frances C Devito
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3rd party defendant: Gene M Connell, Jr
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3rd party defendant: Kymric Mahnke
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3rd party defendant: John M Read, IV
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3rd party defendant: Lori F Pillsbury
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3rd party defendant: Smolin Lupin & Co PA
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3rd party defendant: John or Jane Doe
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3rd party defendant: Saad & Manios Business Services LLC
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3rd party defendant: Forensic Research Group Inc
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3rd party defendant: Tressler LLP
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3rd party defendant: Stodghill Law Firm CHRTRD
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3rd party defendant: Caroline Watson
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3rd party defendant: Stanley T Case
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3rd party defendant: Saad Properties SC GP
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3rd party plaintiff: Kathryn Taillon
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3rd party plaintiff: Arthur Field
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Plaintiff: Capital Investment Funding LLC
Represented By: John M Read, IV
Represented By: Rodney F Pillsbury
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