FitzGibbons v. Atkinson et al
Michael J. FitzGibbons |
Intermediary Network, Larry Busch, IGWT Consulting LLC, John Thomas Childs, IV, Busch Law Center LLC, Cherise Raymond, Alton Atkinson, Vickie Damon, Regent Financial, Andre Garcia Littlejohn, Kimberly Davidson, Athena Childs, JJLJ Financial, Daniel Wheeler, King Capital Group, Kristin Ketterman, Winston Cook, De'Shaun Williams, Mark Goodman, John Does 1-10, Michael Ciuffo, Protege Investments LLC, Cook Business Services LLC, A-Z Consulting LLC and Interlink Global Messaging, LLC |
8:2017cv02092 |
August 8, 2017 |
US District Court for the District of South Carolina |
Anderson/Greenwood Office |
Anderson |
Jacquelyn D Austin |
Timothy M Cain |
Racketeer/Corrupt Organization |
18 U.S.C. § 1962 |
Both |
Docket Report
This docket was last retrieved on March 5, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 322 ***DOCUMENT MAILED 321 Order on Motion for Extension of Time, placed in U.S. Mail from Greenville Clerks Office to Cherise Raymond 590 Bloomfield Avenue Suite 255 Bloomfield, NJ 07003 De'Shaun Williams 3023 Fairgreen Lane Palmdale, CA 93551-2517 Larry Busch 39506 N Daisy Mountain Drive Suite 122-626 Anthem, AZ 85086 Winston Cook 5710 Melanie Trl Atlanta, GA 30349 (kric, ) |
Filing 321 TEXT ORDER granting [319; 320] motions for extension. Replies by Williams and Raymond to response to motions now due 7/11/2019 Signed by Magistrate Judge Jacquelyn D Austin on 6/30/2019.(kric, ) |
Filing 320 MOTION for Extension of Time by Cherise Raymond. Response to Motion due by 7/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Declaration of Cherise Raymond, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) |
Filing 319 MOTION for Extension of Time by De'Shaun Williams. Response to Motion due by 7/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Declaration of DeShaun Williams, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) |
Filing 318 DELETION OF DOCKET ENTRY NUMBER #317 Exhibit List by Plaintiff. Reason: attorney filed premature. Original file date: 6/24/19. (kmca) |
Filing 313 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #309 Response in Opposition to Motion, (Wiseman, Jeffrey) |
Filing 312 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #310 Response in Opposition to Motion, (Wiseman, Jeffrey) |
Filing 311 CERTIFICATE OF SERVICE by Michael J. FitzGibbons (Wiseman, Jeffrey) |
Filing 310 RESPONSE in Opposition re #297 MOTION for Summary Judgment Response filed by Michael J. FitzGibbons.Reply to Response to Motion due by 6/21/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1-Pages from the deposition of Cherise Raymond, #2 Exhibit 2-Emails Cooper Littlejohn and Williams, #3 Exhibit 3-Emails Raymond and other regarding payment, #4 Exhibit 4-Raymond bank record, #5 Exhibit 5-Pages from the deposition of Williams, #6 Exhibit 6-Affidavit of Cooper Littlejohn)(Wiseman, Jeffrey) Modified on 6/18/2019 to add descriptions to attachments (gpre, ). |
Filing 309 RESPONSE in Opposition re #298 MOTION for Summary Judgment Response filed by Michael J. FitzGibbons.Reply to Response to Motion due by 6/21/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1-Affidavit Cooper Littlejohn, #2 Exhibit 2-Emails regarding ALetters of Credit, #3 Exhibit 3-Bank of America Statement on Letters of Credit, #4 Exhibit 4-Pages from deposition of George Timuryan, #5 Exhibit 5-Criminal Court Case Information, #6 Exhibit 6-Pages from the deposition of Defendant Williams, #7 Exhibit 7-Emails Cooper Littlejohn and williams, #8 Exhibit 8-JP Morgan bank records for account of Williams, #9 Exhibit 9-Pages from expert report, #10 Exhibit 10-Affidavit of Peter McLaughlin)(Wiseman, Jeffrey) Modified on 6/18/2019 to add descriptions to attachments(gpre, ). |
Filing 308 RESPONSE in Opposition re #297 MOTION for Summary Judgment Response filed by Michael J. FitzGibbons.Reply to Response to Motion due by 6/21/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1-Pages from the deposition of Cherise Raymond, #2 Exhibit 2-Emails Cooper Littlejohn and Williams, #3 Exhibit 3-Emails Cooper Littlejohn and Raymond, #4 Exhibit 4-Raymond bank records, #5 Exhibit 5-Pages from the deposition of Defendant Williams, #6 Exhibit 6-Affidavit of Cooper Littlejohn)(Wiseman, Jeffrey) Modified on 6/18/2019 to add descriptions to attachments (gpre, ). |
Filing 307 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #306 Pretrial Disclosures (Wiseman, Jeffrey) (Main Document 307 replaced as provided by filing user on 6/13/2019) (gpre, ). |
Filing 306 RULE 26(a)(3)PRETRIAL DISCLOSURES by Michael J. FitzGibbons. Objections to PreTrial Disclosures due by 6/26/2019.(Wiseman, Jeffrey) |
Filing 305 DECLARATION regarding Mediation AND REPLY to #301 Order by Michael J. FitzGibbons. Attachments: #1 Exhibit-Email from D. Williams)(Wiseman, Jeffrey) Modified on 6/5/2019 to edit event type and text(gpre, ). |
Filing 303 ***DOCUMENT MAILED #301 Order, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 301 ORDER that Plaintiff shall have through June 14, 2019, in which to file his response to the summary judgment motions. Plaintiff is advised that if he fails to respond, this action will be subject to dismissal as to the Moving Defendants for failure to prosecute, and for failure to comply with this Courts orders. Signed by Magistrate Judge Jacquelyn D Austin on 6/4/2019. (gpre, ) |
Filing 300 DECLARATION regarding Mediation, by De'Shaun Williams re #298 MOTION for Summary Judgment. (Attachments: #1 Envelope)(kric, ) Modified on 6/6/2019: to add text (mediation) (kmca). |
Filing 299 DECLARATION regarding Mediation, by Cherise Raymond re #297 MOTION for Summary Judgment. (Attachments: #1 Envelope)(kric, ) Modified on 6/6/2019: to add text (mediation) (kmca). |
Filing 298 MOTION for Summary Judgment, or in the Alternative, Summary Adjudication, by De'Shaun Williams. Response to Motion due by 6/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Evidence in support of motion, #2 Statement, #3 Declaration)No proposed order.Motions referred to Jacquelyn D Austin.(kmca) (Additional attachment(s) added on 5/20/2019: #4 Exhibit 1 Response to plaintiff's interrogatories set no. one, #5 Exhibit 2 Deposition of De'Shaun Williams 3-29-19, #6 Exhibit 3 Supporting documents, #7 Exhibit 4 Supporting documents, #8 Exhibit 5 Supporting documents, #9 Exhibit 6 Supporting documents, #10 Exhibit 7 Supporting documents, #11 Exhibit 8 Supporting documents, #12 Exhibit 9 Deposition of George Timuryan 4-15-19, #13 Exhibit 10 Defendant Goodman's LR 26.01s, #14 Box documents received in). Modified on 5/20/2019: to add attachments 4-14, system glitch (kmca). |
Filing 297 MOTION for Summary Judgment, or in the Alternative, Summary Adjudication, by Cherise Raymond. Response to Motion due by 6/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(kmca) (Attachments: #1 Evidence in support of motion, #2 Statement, #3 Declaration, #4 Exhibit 1 Response to plaintiff's interrogatories set no. one, #5 Exhibit 2 Deposition of Cherise C Raymond 3-29-19, #6 Exhibit 3 Supporting documents, #7 Exhibit 4 Supporting documents, #8 Exhibit 5 Supporting documents, #9 Exhibit 6 Supporting documents, #10 Exhibit 7 Supporting documents, #11 Exhibit 8 Supporting documents, #12 Exhibit 9 Deposition of George Timuryan 4-15-19, #13 Exhibit 10 Defendant Goodman's LR 26.01s, #14 Box documents received in). Modified on 5/20/2019: to add attachments system glitch (kmca). |
Filing 296 ***DOCUMENT MAILED #295 Scheduling Order, 294 Order on Motion to Amend/Correct placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 295 AMENDED SCHEDULING ORDER Records Custodian Affidavit due by 5/22/2019, Discovery due by 5/6/2019, Motion in Limine due by 6/24/2019, Motions due by 5/21/2019, Rule 26(a)(3) Disclosures due by 6/12/2019, Jury Selection Deadline 7/8/2019, Mediation Due by 5/21/2019, Signed by Magistrate Judge Jacquelyn D Austin on 4/29/2019. (gpre, ) |
Filing 294 TEXT ORDER granting #293 Motion to Amend Scheduling Order. Signed by Magistrate Judge Jacquelyn D Austin on 4/29/2019.(gpre, ) |
Filing 293 MOTION to Amend Scheduling Order by De'Shaun Williams. Response to Motion due by 5/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Declaration of DeShaun Williams, #2 Declaration of Cherise Raymond, #3 Exhibit E-mail, #4 Amended scheduling order, #5 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) |
Filing 292 AFFIDAVIT of Records Custodian by Michael J. FitzGibbons. (Attachments: #1 Affidavit of Deborah Daniloff)(Wiseman, Jeffrey) Modified on 4/25/2019 to delete text (gpre, ). |
Filing 291 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #290 AFFIDAVIT of Records Custodian (Wiseman, Jeffrey) |
Filing 290 AFFIDAVIT of Records Custodian by Michael J. FitzGibbons. (Attachments: #1 Affidavit of Records Custodian)(Wiseman, Jeffrey) |
Filing 289 RESPONSE in Opposition re #284 Amended MOTION to Amend/Correct Scheduling Order. Response filed by Cherise Raymond. Reply to Response to Motion due by 3/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(gpre, ) |
Filing 288 RESPONSE in Opposition in part re #284 Amended MOTION to Amend/Correct Scheduling Order. Response filed by De'Shaun Williams. Reply to Response to Motion due by 3/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(gpre, ) |
Filing 287 ***DOCUMENT MAILED #286 Scheduling Order, #285 Order on Motion to Amend/Correct,, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 286 AMENDED SCHEDULING ORDER Records Custodian Affidavit due by 5/1/2019, Discovery due by 4/15/2019, Motion in Limine due by 6/3/2019, Motions due by 4/30/2019, Rule 26(a)(3) Disclosures due by 5/22/2019, Jury Selection Deadline 6/17/2019, Mediation Due by 4/30/2019, Signed by Magistrate Judge Jacquelyn D Austin on 2/28/2019. (gpre, ) |
Filing 285 ORDER granting in part and denying in part #284 Motion to Amend. The court grants the requested extension. Request to appoint a mediator to facilitate mediation by video conference is denied. Plaintiff's requests that the Court order Defendants to meet and confer with Plaintiff before jury selection to mark agreed-to exhibits, identify objections to exhibits, and disclose trial witnesses is premature, and the Court denies it without prejudice toPlaintiff's right to refile it at a later time. Signed by Magistrate Judge Jacquelyn D Austin on 2/28/2019.(gpre, ) |
Filing 284 Amended MOTION to Amend/Correct Scheduling Order by Michael J. FitzGibbons. Response to Motion due by 3/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Notices of Defendants' Depositions November 2018, #2 Exhibit Correspondence November 13 2018, #3 Exhibit Return Certified Mail November 20 2018, #4 Exhibit Failed Certified Mail, #5 Exhibit Proof of Service Defendant Williams November 29 2018, #6 Exhibit Correspondence from Defendant Raymond November 29 2018, #7 Exhibit Correspondence from Defendant Williams November 29 2018, #8 Exhibit Correspondence to Defendant Raymond November 30 2018, #9 Exhibit Defendant Williams Certificate of Non Appearance December 3 2018, #10 Exhibit Defendant Raymond Certificate of Non Appearance December 3 2018, #11 Exhibit Email to Defendants January 9 2019, #12 Exhibit Correspondence to Defendants February 12 2019, #13 Exhibit Discovery to Plaintiffs from Defendants February 14 2019, #14 Exhibit Discovery from Plaintiffs to Defendant April 3 2018, #15 Exhibit Correspondence to Defendants February 22 2019, #16 Exhibit Correspondence from Defendants February 26 2019, #17 Exhibit Proposed Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) (Additional attachment(s) added on 3/4/2019: #18 Certificate of Service) (gpre, ). |
Filing 283 AFFIDAVIT of Records Custodian, filed by Michael J. FitzGibbons. (Attachments: #1 Affidavit JPMorgan Chase Bank Records Pertaining to Cherise Raymond, #2 Affidavit JP Morgan Chase Bank Records Pertaining to DeShaun Williams, #3 Affidavit JP Morgan Chase Bank Records Pertaining to Daniel Wheeler, #4 Affidavit JP Morgan Chase Bank Records Pertaining to Regent Financial, #5 Affidavit Citigroup Management Records Pertaining to Vickie Damon, #6 Affidavit Citigroup Management Records Pertaining to A-Z Consulting, #7 Affidavit BMO Harris Bank Records Pertaining to Busch Law Center, #8 Affidavit MidFirst Bank Records Pertaining to Busch Law Center)(Wiseman, Jeffrey) Modified on 2/28/2019 to edit text (gpre, ). (Additional attachment(s) added on 3/4/2019: #9 Certificate of Service) (gpre, ). |
Filing 282 ***DOCUMENT MAILED 281 Order on Motion to Amend/Correct, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 281 TEXT ORDER denying without prejudice to the right to refile #280 motion to amend/correct scheduling order in accordance with Local Rule 6.01, including the requirement of showing that "the parties have diligently pursued discovery during the originally scheduled period." The Court notes that the Scheduling Order in this case was previously amended on 7/6/2018 [Doc. 207] and on 1/10/19 (Doc. 255]. On January 22, 2019, the Court ordered "Defendants DeShaun Williams and Cherise Raymond... to appear for depositions in this matter at a mutually agreeable date, time and location, within 100 miles of the respective Defendants' residences, on or before February 15, 2019" and ordered the parties "to confer to set the dates and locations of [the depositions of Defendants Raymond and Williams] on or before February 1, 2019." If Plaintiff chooses to refile its motion, Plaintiff is instructed to specify what attempts it made to confer with Defendants Williams and Raymond after this Court issued its January 22, 2019, Order, including whether Plaintiff attempted to contact these Defendants via electronic mail. Signed by Magistrate Judge Jacquelyn D Austin on 2/14/2019.(gpre, ) |
Filing 280 First MOTION to Amend/Correct Scheduling Order by Michael J. FitzGibbons. Response to Motion due by 2/27/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Proposed Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 279 Letter (cc:Judge Austin) to De'Shaun Williams from Doug Concannon regarding Declaration by De'Shaun Williams. (Wiseman, Jeffrey) Modified on 2/13/2019 to add text (gpre, ). |
Filing 278 Letter (cc:Judge Austin) to Cherise Raymond from Doug Concannon regarding Declaration by Cherise Raymond. (Wiseman, Jeffrey) Modified on 2/13/2019 to add text (gpre, ). |
Filing 277 ***DOCUMENT MAILED 276 Order on Motion to Appoint Counsel, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 276 TEXT ORDER denying #272 and #273 motions to appoint counsel. There is no constitutional right to appointed counsel in a civil case, Whisenant v.Yaum, 739 F.2d 160, 163 (4th Cir. 1984) (holding that 28 U.S.C. 1915 does not authorize compulsory appointment of counsel), abrogated on other grounds by Mallard v. U.S. Dist. Ct., 490 U.S. 296, 298 (1989), but this Court may exercise its discretion to appoint counsel for an indigent in a civil action, 28 U.S.C. 1915(d); see Smith v. Blackledge, 451 F.2d 1201, 1203 (4th Cir. 1971). However, the Fourth Circuit has stated that counsel should be appointed only in exceptional circumstances, which "will turn on the quality of two basic factors--the type and complexity of the case, and the abilities of the individuals bringing it." Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993) (internal quotation marks omitted) (quoting Whisenant, 739 F.2d at 163). The pleadings and documents filed in this case fail to demonstrate exceptional circumstances exist warranting the appointment of counsel at this stage in the proceedings, with the Court not yet having ruled on any dispositive motions. Additionally, the Court admonishes Cook and Cook Business to adhere to the Court's Order #193 of June 8, 2018, requiring that any pleadings, responses, or any other filings with the Court to be filed on behalf of Cook Business must be filed with the Court through counsel admitted to practice in this District and explaining that pro se Defendant Cook is not permitted to appear on behalf of Cook Business or file any pleadings or documents with the Court on behalf of Cook Business. Signed by Magistrate Judge Jacquelyn D Austin on 2/9/2019.(gpre, ) |
Filing 275 DECLARATION by Cherise Raymond re 268 Order on Motion to Compel. Deposition has not been set. (Attachments: #1 Envelope)(gpre, ) Modified on 2/11/2019 to correct date filed (gpre, ). |
Filing 274 DECLARATION by De'Shaun Williams re 268 Order on Motion to Compel. Depostion has not been set. (Attachments: #1 Envelope)(gpre, ) Modified on 2/11/2019 to correct date filed(gpre, ). |
Filing 273 MOTION to Appoint Counsel by Winston Cook. Response to Motion due by 2/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) |
Filing 272 MOTION to Appoint Counsel for Cook Business Services LLC filed by Winston Cook. Response to Motion due by 2/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) Modified on 1/31/2019 to correct filer (gpre, ). Modified on 2/1/2019 to edit text (gpre, ). |
Filing 271 ORDER RULING ON REPORT AND RECOMMENDATION adopts #249 Report and Recommendation. Plaintiff's #240 Motion for Default Judgment is denied without prejudice. Signed by Honorable Timothy M Cain on 1/28/2019. (gpre, ) (Main Document 271 replaced on 1/28/2019: to correct format) (kmca). |
Filing 270 ***DOCUMENT MAILED 268 Order on Motion to Compel, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 269 ***DOCUMENT E-MAILED 268 Order on Motion to Compel, to De'Shaun Williams, Cherise Raymond. (gpre, ) |
Filing 268 TEXT ORDER granting in part and denying in part #257 motion to compel. Defendants De'Shaun Williams and Cherise Raymond are each directed to appear for depositions in this matter at a mutually agreeable date, time and location, within 100 miles of the respective Defendants' residences, on or before February 15, 2019. The parties are directed to confer to set the dates and locations of these depositions on or before February 1, 2019. Defendants are advised that their failure to cooperate and appear for depositions as ordered herein may result in the imposition of sanctions in accordance with Rule 37 of the Federal Rules of Civil Procedure. The Clerk is directed to forward this Order to the Defendants via electronic mail. Signed by Magistrate Judge Jacquelyn D Austin on 1/22/2019.(gpre, ) |
Filing 267 RESPONSE in Opposition re #257 MOTION to Compel Defendants' Attendance at Depositions. Response filed by De'Shaun Williams. Reply to Response to Motion due by 1/25/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(gpre, ) |
Filing 266 RESPONSE in Opposition re #257 MOTION to Compel Defendants' Attendance at Depositions. Response filed by Cherise Raymond. Reply to Response to Motion due by 1/25/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(gpre, ) |
Filing 265 ***DOCUMENT MAILED 261 Order on Motion to Compel, placed in U.S. Mail to De'Shaun Williams, Cherise Raymond (gpre, ) |
Filing 263 ***DOCUMENT MAILED 261 Order on Motion to Compel,,, placed in U.S. Mail to Larry Busch, Winston Cook (gpre, ) |
Filing 262 ***DOCUMENT ELECTRONICALLY MAILED (e-mail addresses identified in ECF entry 257-6). 261 Order on Motion to Compel, forwarded to De'Shaun Williams, Cherise Raymond (gpre, ) |
Filing 261 TEXT ORDER taking under advisement in part and denying in part #257 motion to compel. It appears that there is an outstanding issue concerning the location where Defendants De'Shaun Williams and Cherise Raymond will be deposed. Due to the short time remaining before the January 21, 2019, date for which depositions have been requested, the Court denies the motion to compel as to that date. Defendants De'Shaun Williams and Cherise Raymond shall respond to the motion to compel by 1/18/2019, and shall include in those responses their positions as to whether they should be required to sit for deposition in Charleston. The Court notes that Docket Entry Number 257-6 identifies email addresses for these Defendants. The Clerk is directed to forward this Order to these Defendants by electronic mail. Signed by Magistrate Judge Jacquelyn D Austin on 1/11/2019.(gpre, ) |
Filing 260 ***DOCUMENT MAILED 258 Order on Motion to Withdraw as Attorney placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 258 TEXT ORDER granting #251 Motion to Withdraw as Attorney. Signed by Magistrate Judge Jacquelyn D Austin on 172092.(gpre, ) |
Filing 257 MOTION to Compel Defendants' Attendance at Depositions by Michael J. FitzGibbons. Response to Motion due by 1/24/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Compel Attendance at Deposition, #2 Exhibit Notices of Deposition, #3 Exhibit Proof of Service, #4 Exhibit Affidavit of Personal Service, #5 Exhibit Letters from Defendants, #6 Exhibit Letters to Defendants, #7 Exhibit Transcripts of Depositions)No proposed order.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 256 ***DOCUMENT MAILED #255 Scheduling Order, 254 Order on Motion to Amend/Correct placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 255 AMENDED SCHEDULING ORDER Records Custodian Affidavit due by 3/1/2019, Discovery due by 2/15/2019, Motion in Limine due by 4/19/2019, Motions due by 3/1/2019, Rule 26(a)(3) Disclosures due by 3/22/2019, Jury Selection Deadline 4/22/2019, Mediation Due by 3/8/2019, Signed by Magistrate Judge Jacquelyn D Austin on 1/10/2019. (gpre, ) |
Filing 254 TEXT ORDER granting #253 motion to amend/correct scheduling order. Signed by Magistrate Judge Jacquelyn D Austin on 1/10/2019.(gpre, ) |
Filing 253 MOTION to Amend/Correct Scheduling Order by Michael J. FitzGibbons. Response to Motion due by 1/23/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 251 MOTION to Withdraw as Attorney by Michael J. FitzGibbons. Response to Motion due by 1/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Granting Motion to Withdraw Mary S. Willis)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 250 ***DOCUMENT MAILED #249 REPORT AND RECOMMENDATION placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 249 REPORT AND RECOMMENDATION recommends #240 Plaintiff's Motion for Default Judgment be DENIED without prejudice to the right to renew the motion at a later stage in this litigation. Objections to R&R due by 1/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 1/7/2019. (Attachments: #1 Notice of Right to File Objection)(gpre, ) |
Filing 245 ***DOCUMENT MAILED 244 Order on Motion to Amend/Correct placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 244 TEXT ORDER granting #242 Motion to Amend/Correct #207 Scheduling Order. Records custodian affidavits due by January 25, 2019. Signed by Magistrate Judge Jacquelyn D Austin on 11/7/2018.(gpre, ) |
Filing 243 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #242 MOTION to Amend/Correct #207 Scheduling Order, (Willis, Mary) |
Filing 242 MOTION to Amend/Correct #207 Scheduling Order, by Michael J. FitzGibbons. Response to Motion due by 11/20/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Willis, Mary) |
Filing 241 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #240 MOTION for Default Judgment as to Certain Defendants (Willis, Mary) |
Filing 240 MOTION for Default Judgment as to Certain Defendants by Michael J. FitzGibbons. Response to Motion due by 11/15/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A to Memo in Support - Affidavit of Cooper Littlejohn, #3 Exhibit B to Memo in Support - Strickland Report, #4 Exhibit C to Memo in Support - LOC #1 Bank Records, #5 Exhibit D to Memo in Support - 2013 Bank Records, #6 Exhibit E to Memo in Support - Wire Transfer, #7 Exhibit F to Memo in Support - Affidavit of Peter McLaughlin)No proposed order.Motions referred to Jacquelyn D Austin.(Willis, Mary) |
Filing 239 ***DOCUMENT MAILED 233 Clerk's Entry of Default, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 238 ***DOCUMENT MAILED 237 Notice of Change of Case Number, 236 Case Reassigned, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 237 NOTICE OF CHANGE OF CASE NUMBER to 8:17-cv-2092-TMC-JDA. Please use the new case number Judge initials on all future filings. (gpre, ) |
Filing 236 Case Reassigned to Judge Honorable Timothy M Cain. Judge Honorable A Marvin Quattlebaum, Jr no longer assigned to the case. (cwil, ) |
Filing 235 PRO SE ANSWER to #218 Amended Complaint, by Cherise Raymond. (Attachments: #1 State Court Documents, #2 Envelope)(gpre, ) Modified on 9/10/2018 to add text (gpre, ). |
Filing 234 PRO SE ANSWER to #218 Amended Complaint, by De'Shaun Williams. (Attachments: #1 State Court Documents, #2 Envelope)(gpre, ) Modified on 9/10/2018 to add text (gpre, ). |
Filing 233 Clerk's ENTRY OF DEFAULT as to defendants Alton Atkinson, John Thomas Childs, IV, Larry Busch, Andre Garcia Littlejohn, Vickie Damon, Winston Cook, Kristin Ketterman, Daniel Wheeler, King Capital Group, A-Z Consulting, Intermediary Network, Busch Law Center, JJLJ Financial, Protg Investments, LLC, IGWT Consulting, LLC, and Cook Business Services. for failure to respond to the Amended Complaint. (gpre, ) Modified on 9/11/2018 to edit text (gpre, ). |
Filing 232 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #231 Request for Entry of Default (Willis, Mary) |
Filing 231 REQUEST FOR ENTRY OF DEFAULT byMichael J. FitzGibbons. (Attachments: #1 Exhibit A - Affidavit in Support, #2 Exhibit B - Affidavit in Support)(Willis, Mary) |
Filing 230 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #227 Stipulation of Dismissal (Willis, Mary) |
Filing 227 STIPULATION of Dismissal With Prejudice of Michael Ciuffo by Michael J. FitzGibbons. (Willis, Mary) |
Filing 226 ***DOCUMENT MAILED #225 Order Ruling on Report and Recommendation placed in U.S. Mail to Cherise Raymond, DeShaun Wiilliams, Winston Cook, Larry Busch (kric, ) |
Filing 225 ORDER RULING ON REPORT AND RECOMMENDATION #170 . The Moving Defendants Motions to Dismiss (ECF 64 and 65) are DENIED. Signed by Honorable A Marvin Quattlebaum, Jr on 8/16/2018. (kric, ) |
Filing 223 DELETION OF DOCKET ENTRY NUMBER 221 Reason: Refiled by clerk to correct event type, set answer to amended complaint deadline. Corrected Filing Document Number #222 . Modified filing date to that of original filing: 7/30/2018. (gpre, ) |
Filing 222 SUMMONS Returned Executed by Michael J. FitzGibbons. Larry Busch Amended Complaint served on 7/30/2018, answer due 8/20/2018; Winston Cook Amended Complaint served on 7/30/2018, answer due 8/20/2018; Cherise Raymond Amend Complaint served on 7/30/2017, answer due 8/20/2017; De'Shaun Williams Amended Complaint served on 7/30/2017, answer due 8/20/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (gpre, ) Modified on 7/31/2018 to add text (gpre, ). Modified on 8/1/2018 to edit text (gpre, ). |
Filing 220 Summons Issued as to A-Z Consulting LLC, Alton Atkinson, Larry Busch, Busch Law Center LLC, Athena Childs, John Thomas Childs, IV, Michael Ciuffo, Winston Cook, Cook Business Services LLC, Vickie Damon, Kimberly Davidson, John Does 1-10, Mark Goodman, IGWT Consulting LLC, Interlink Global Messaging, LLC, Intermediary Network, JJLJ Financial, Kristin Ketterman, King Capital Group, Andre Garcia Littlejohn, Protege Investments LLC, Cherise Raymond, Regent Financial, Daniel Wheeler, De'Shaun Williams. (kmca) |
Filing 218 AMENDED COMPLAINT against A-Z Consulting LLC, Alton Atkinson, Larry Busch, Busch Law Center LLC, John Thomas Childs, IV, Michael Ciuffo, Winston Cook, Cook Business Services LLC, Vickie Damon, IGWT Consulting LLC, Intermediary Network, JJLJ Financial, Kristin Ketterman, King Capital Group, Andre Garcia Littlejohn, Protege Investments LLC, Cherise Raymond, Regent Financial, Daniel Wheeler, De'Shaun Williams, Interlink Global Messaging, LLC, filed by Michael J. FitzGibbons. Service due by 10/17/2018 (Attachments: # 1 Summons - removed by clerk, not filed, #2 Exhibit 1 - Emails, #3 Exhibit 2 - Finder Fee Agreement, #4 Exhibit 3 - Agreement re PF Holdings, #5 Exhibit 4 - Busch's escrow records and bank statements, #6 Exhibit 5 - LOC No. 1, #7 Exhibit 6 - Emails, #8 Exhibit 7 - Busch's escrow records and bank statements, #9 Exhibit 8 - Renewal of LOC No. 1, #10 Exhibit 9 - Emails, #11 Exhibit 10 - Busch's escrow records and bank statements, #12 Exhibit 11 - LOC No. 2, #13 Exhibit 12 - Emails, #14 Exhibit 13 - Bank statements, #15 Exhibit 14 - Renewal of LOC No. 1, #16 Exhibit 15 - Letter dated November 10, 2014, #17 Exhibit 16 - Flores Exhibits, #18 Exhibit 17 - Letters demanding return of fees paid for fraudulent letters) (Wiseman, Jeffrey) (Main Document 218 replaced on 7/20/2018: to replace with corrected document (footnotes) as provided by filing user). Modified on 7/20/2018: to remove attachment #1, not filed (kmca). |
Filing 216 ***DOCUMENT MAILED #215 Order on Motion to Amend/Correct, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 215 ORDER granting #182 Motion to Amend the Complaint. Plaintiff is directed to file his Amended Complaint within five days of the date of this Order. Signed by Magistrate Judge Jacquelyn D Austin on 7/18/2018.(gpre, ) |
Filing 213 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #212 Stipulation of Dismissal as to Mark Goodman (Wiseman, Jeffrey) |
Filing 212 STIPULATION of Dismissal With Prejudice of Mark Goodman by Michael J. FitzGibbons. (Wiseman, Jeffrey) |
Filing 211 ***DOCUMENT MAILED 210 Order on Motion to Stay / on Motion for Protective Order placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (sfla) |
Filing 210 TEXT ORDER denying #202 joint motion to stay discovery, or alternatively for protective order staying discovery. Defendants Cherise Raymond and De'Shaun Williams (collectively "the Moving Defendants') have moved to stay discovery until the Court rules on their pending motions to dismiss. [Doc. 202.] Federal Rule of Civil Procedure 26(c) allows a court to stay discovery during pendency of a dispositive motion upon the showing of "good cause." Fed. R. Civ. P. 26(c). The undersigned finds that the Moving Defendants have failed to meet their burden of showing good cause. Further, the undersigned notes that Plaintiff argues---and the Moving Defendants have not denied---that the Moving Defendants served discovery requests on Plaintiff after filing their motions to dismiss, to which Plaintiff has prepared and served responses. [See Doc. 204 at 4.] The undersigned will not allow the Moving Defendants to conduct discovery while not allowing Plaintiff that same opportunity. Entered at the direction of Magistrate Judge Jacquelyn D Austin on 7/18/18. (sfla) Modified on 7/18/2018 to edit text(gpre, ). |
Filing 208 ***DOCUMENT MAILED #207 Scheduling Order, 206 Order on Motion to Amend/Correct placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 207 SECOND AMENDED SCHEDULING ORDER Defendants ID of Expert Witnesses Due by 11/6/2018, Records Custodian Affidavit due by 11/6/2018, Discovery due by 12/11/2018, Motion in Limine due by 3/12/2019, Motions due by 1/11/2019, Rule 26(a)(3) Disclosures due by 2/12/2019, Jury Selection Deadline 3/12/2019, Mediation Due by 12/21/2018, Signed by Magistrate Judge Jacquelyn D Austin on 7/6/2018. (gpre, ) |
Filing 206 TEXT ORDER granting #203 Motion to amend/correct scheduling order. No further extensions will be granted absent extraordinary circumstances. Signed by Magistrate Judge Jacquelyn D Austin on 7/6/2018.(gpre, ) |
Filing 205 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #204 Response in Opposition to Motion,, (Wiseman, Jeffrey) |
Filing 204 RESPONSE in Opposition re #202 MOTION to Stay MOTION for Protective Order Response filed by Michael J. FitzGibbons.Reply to Response to Motion due by 7/13/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - De'Shaun Williams's Interrogatories to Plaintiff, #2 Exhibit B - Cherise Raymond's Interrogatories to Plaintiff, #3 Exhibit C - Plaintiff's Interrogatories and Requests for Production to De'Shaun Williams, #4 Exhibit D - Plaintiff's Interrogatories and Requests for Production to Cherise Raymond)(Wiseman, Jeffrey) |
Filing 203 Joint MOTION to Amend/Correct #50 Scheduling Order,, by Michael Ciuffo. Response to Motion due by 7/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Tollison, Lewis) |
Filing 202 Joint MOTION (main document signed by Cherise Raymond) to Stay Discovery or alternatively for Protective Order. Response to Motion due by 7/6/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ), by Cherise Raymond, De'Shaun Williams. (Attachments: #1 Motion signed by DeShaun Williams, #2 Envelope, #3 UPS Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) |
Filing 200 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #199 Reply to Response to Motion, (Wiseman, Jeffrey) |
Filing 199 REPLY to Response to Motion re #182 MOTION to Amend/Correct #1 Complaint,,,, Response filed by Michael J. FitzGibbons. (Attachments: #1 Exhibit A - Subpoena to JP Morgan Chase Bank re Raymond, #2 Exhibit B - Subpoena to JP Morgan Chase Bank re Williams)(Wiseman, Jeffrey) |
Filing 198 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #197 Reply (Wiseman, Jeffrey) |
Filing 197 REPLY by Michael J. FitzGibbons to #186 Objection to Report and Recommendation . (Wiseman, Jeffrey) |
Filing 196 RESPONSE in Opposition re #182 MOTION to Amend/Correct #1 Complaint, Response filed by Cherise Raymond.Reply to Response to Motion due by 6/18/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Letter from YCRLAW; Subpoena Duces Tecum, #2 Certificate of Service) No Envelope(gpre, ) |
Filing 195 RESPONSE in Opposition re #182 MOTION to Amend/Correct #1 Complaint, Response filed by De'Shaun Williams. Reply to Response to Motion due by 6/18/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Letter from YCRLAW; Subpoena Duces Tecum, #2 Certificate of Service) No Envelope(gpre, ) Modified on 6/12/2018 to correct filer (gpre, ). |
Filing 194 ***DOCUMENT MAILED #193 Order, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 193 ORDER to Pro Se Winston Cook. The Answer (Doc.12) to the Complaint and responses to the Rule 26.01 interrogatories (Doc.30) are deemed filed only on behalf of Cook and not as to Cook Business. Further, any pleadings, responses, or any other filings with the Court to be filed on behalf of Cook Business must be filed with the Court through counsel admitted to practice in this District. Pro se Defendant Cook is not permitted to appear on behalf of Cook Business or file any pleadings or documents with the Court on behalf of Cook Business. Signed by Magistrate Judge Jacquelyn D Austin on 6/8/2018. (gpre, ) |
Filing 189 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #188 Plaintiff's ID of Expert Witnesses (Wiseman, Jeffrey) |
Filing 188 PLAINTIFF'S ID OF EXPERT WITNESSES by Michael J. FitzGibbons. (Attachments: #1 Exhibit 1 - CV, #2 Exhibit 2 - Trial & Depo Testimony)(Wiseman, Jeffrey) |
Filing 186 OBJECTION to #170 Report and Recommendation by Cherise Raymond, De'Shaun Williams. Reply to Objections due by 6/18/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (gpre, ) |
Filing 190 Letter from Winston Cook regarding clerk's entry or default. (Attachments: #1 Envelope)(gpre, ) |
Filing 185 Clerk's ENTRY OF DEFAULT as to Daniel Wheeler. (gpre, ) |
Filing 184 DELETION OF DOCKET ENTRY NUMBER 181 Reason: Corrected Motion filed. Corrected Filing Document Number #182 . Modified filing date to that of original filing: 5/31/2018. Response due date modified to that of original filing: 6/14/2018 (gpre, ) |
Filing 183 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #182 MOTION to Amend/Correct #1 Complaint,,,, (Wiseman, Jeffrey) |
Filing 182 MOTION to Amend/Correct #1 Complaint, by Michael J. FitzGibbons. Response to Motion due by 6/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A to Motion - Amended Complaint, #2 Exhibit 1 to Amended Complaint - Emails evidencing negotiations, #3 Exhibit Exhibit 2 to Amended Complaint - Finder Fee Agreement, #4 Exhibit Exhibit 3 to Amended Complaint - Agreement re PF Holdings, #5 Exhibit Exhibit 4 to Amended Complaint - Busch's escrow records and bank statements, #6 Exhibit Exhibit 5 to Amended Complaint - LOC No. 1, #7 Exhibit Exhibit 6 to Amended Complaint - Emails evidending negotiations, #8 Exhibit Exhibit 7 to Amended Complaint - Busch's escrow records and bank statements, #9 Exhibit Exhibit 8 to Amended Complaint - Renewal of LOC No. 1, #10 Exhibit Exhibit 9 to Amended Complaint - Emails evidencing negotiations, #11 Exhibit Exhibit 10 to Amended Complaint - Busch's escrow records and bank statements, #12 Exhibit Exhibit 11 to Amended Complaint - LOC No. 2, #13 Exhibit Exhibit 12 to Amended Complaint - Emails evidencing negotiations, #14 Exhibit Exhibit 13 to Amended Complaint - Bank statements, #15 Exhibit Exhibit 14 to Amended Complaint - Renewal of LOC No. 1, #16 Exhibit Exhibit 15 to Amended Complaint - Letter dated November 10, 2014, #17 Exhibit Exhibit 16 to Amended Complaint - Flores Exhibits, #18 Exhibit Exhibit 17 to Amended Complaint - Letters demanding return of fees paid for fradulent letters, #19 Memo in Support, #20 Exhibit A to Memo in Support - Affidavit of Michael A. Molony)No proposed order.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) Modified on 6/1/2018 to correct date filed and response due by date (gpre, ). |
Filing 180 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #179 Request for Entry of Default (Wiseman, Jeffrey) |
Filing 179 REQUEST FOR ENTRY OF DEFAULT byMichael J. FitzGibbons. (Attachments: #1 Affidavit in Support of Request for Entry of Default)(Wiseman, Jeffrey) |
Filing 178 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #177 Summons Returned Executed (Wiseman, Jeffrey) |
Filing 177 SUMMONS Returned Executed by Michael J. FitzGibbons. Daniel Wheeler served on 5/7/2018, answer due 5/29/2018. (Attachments: #1 Affidavit of Service on Daniel Wheeler)(Wiseman, Jeffrey) |
Filing 176 ***DOCUMENT MAILED 175 Clerk's Entry of Default placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 175 Clerk's ENTRY OF DEFAULT as to JOHN THOMAS CHILDS, IV, INTERMEDIARY NETWORK, A-Z CONSULTING, LLC, IGWT CONSULTING, LLC, ALTON ATKINSON, KING CAPITAL GROUP, AND COOK BUSINESS SERVICES. (gpre, ) |
Filing 174 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #173 Request for Entry of Default Judgment, (Wiseman, Jeffrey) |
Filing 173 REQUEST FOR ENTRY OF DEFAULT by Michael J. FitzGibbons . (Attachments: #1 Exhibit 1 - Affidavit in Support re John Thomas Childs, IV, #2 Exhibit 2 - Affidavit in Support re IGWT Consulting,LLC, #3 Exhibit 3 - Affidavit in Support re Intermedary Network, #4 Exhibit 4 - Affidavit in Support re A-Z Consulting, LLC, #5 Exhibit 5 - Affidavit in Support re Alton Atkinson, #6 Exhibit 6 - Affidavit in Support re King Capital Group, Exhibit 7 - Affidavit in Support re Cook Business Services)(Wiseman, Jeffrey) Modified on 5/23/2018 to edit docket text(gpre, ). (Additional attachment(s) added on 6/5/2018 as provided by filing user (gpre, ). |
Filing 171 ***DOCUMENT MAILED #170 REPORT AND RECOMMENDATION placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 170 REPORT AND RECOMMENDATION recommends #65 MOTION to Dismiss filed by De'Shaun Williams, #64 MOTION to Dismiss filed by Cherise Raymond be DENIED. Objections to R&R due by 6/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 5/18/2018. (Attachments: #1 Notice of Right to File Objection)(gpre, ) |
Filing 172 ***DOCUMENT MAILED #169 REPORT AND RECOMMENDATION re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Goodman placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 169 REPORT AND RECOMMENDATION recommends #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Goodman be GRANTED. Objections to R&R due by 5/25/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 5/11/2018. (Attachments: #1 Notice of Right to File Objection)(gpre, ) |
Filing 168 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #163 MOTION for Extension of Time to Serve Due to Extraordinary Circumstances (Wiseman, Jeffrey) |
Filing 165 ***DOCUMENT MAILED 164 Order on Motion for Extension of Time,,,,,,, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 164 TEXT ORDER denying #163 motion for extension of time. As an initial matter, Plaintiff filed its Complaint on August 8, 2017, making service of process due on or before November 7, 2017. Upon motion by Plaintiff, the undersigned extended the service deadline to February 5, 2018, and then to May 7, 2018. On May 7, 2018, Plaintiff filed a motion seeking an additional six months to serve "one or more Defendants." Upon consideration of Plaintiff's motion, and the procedural history of this case, the Court finds that Plaintiff's motion has not established good cause for the continued delay in serving Defendants. Further, the Court notes that Plaintiff's motion neither identifies which Defendants remain unserved nor sets forth what efforts have been made to effect service upon the remaining unserved Defendants. Accordingly, the undersigned finds that Plaintiff has failed to establish extraordinary circumstances warranting the six month service extension requested. However, the Court finds that a discretionary extension of thirty days to effect service of process of the Summons and Complaint is appropriate. As such, the remaining Defendants shall be served by June 6, 2018. While the Court is granting a discretionary extension of time to serve, the Court notes that there are presently three (3) fully briefed motions to dismiss pending before the Court that question the ability of Plaintiff to bring this action. [See Docs. 61; 64; 65.] Accordingly, in an effort to manage this case efficiently, the Court will not allow further extensions of the service deadline. Further, counsel is admonished against moving for extensions of time on the date of the current deadline. See Filing Preferences. Signed by Magistrate Judge Jacquelyn D Austin on 5/8/2018.(gpre, ) |
Filing 163 MOTION for Extension of Time to Serve Due to Extraordinary Circumstances by Michael J. FitzGibbons. Response to Motion due by 5/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 162 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #161 Service by Publication (Wiseman, Jeffrey) |
Filing 161 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/07/18. (Attachments: #1 Affidavit of Publication - King Capital Group)(Wiseman, Jeffrey) |
Filing 160 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #158 Service by Publication, #159 Service by Publication (Wiseman, Jeffrey) |
Filing 159 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/07/18. (Attachments: #1 Affidavit of Publication - A-Z Consulting)(Wiseman, Jeffrey) |
Filing 158 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/07/18. (Attachments: #1 Affidavit of Publication - Alton Atkinson)(Wiseman, Jeffrey) |
Filing 157 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #152 Service by Publication, #154 Service by Publication, #155 Service by Publication, #153 Service by Publication, #156 Service by Publication (Wiseman, Jeffrey) |
Filing 156 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/05/18. (Attachments: #1 Affidavit of Publication - King Capital Group)(Wiseman, Jeffrey) |
Filing 155 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/05/18. (Attachments: #1 Affidavit of Publication - Intermediary Network)(Wiseman, Jeffrey) |
Filing 154 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/05/18. (Attachments: #1 Affidavit of Publication - IGWT Consulting, LLC)(Wiseman, Jeffrey) |
Filing 153 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/05/18. (Attachments: #1 Affidavit of Publication - A-Z Consulting)(Wiseman, Jeffrey) |
Filing 152 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/05/18. (Attachments: #1 Affidavit of Publication - Alton Atkinson)(Wiseman, Jeffrey) |
Filing 151 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #149 Service by Publication, #150 Service by Publication (Wiseman, Jeffrey) |
Filing 150 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/08/18. (Attachments: #1 Affidavit of Publication)(Wiseman, Jeffrey) |
Filing 149 SERVICE by Publication filed by Michael J. FitzGibbons. Last publication date 04/08/18. (Attachments: #1 Affidavit of Publication)(Wiseman, Jeffrey) |
Filing 148 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #147 Service by Publication (Wiseman, Jeffrey) |
Filing 147 SERVICE by Publication on Defendant IGWT Consulting LLC filed by Michael J. FitzGibbons. Last publication date 04/05/18. (Attachments: #1 Affidavit of Publication from Las Vegas Review-Journal, #2 Affidavit of Publication from The Press-Enterprise)(Wiseman, Jeffrey) Modified on 4/11/2018 to add text (gpre, ). |
Filing 146 ***DOCUMENT MAILED 145 Case Reassigned placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 145 Case Reassigned to Judge A Marvin Quattlebaum, Jr. Judge Timothy M Cain no longer assigned to the case. (suro, ) |
Filing 144 CERTIFICATE OF SERVICE of First Interrogatories to Plaintiff, by Cherise Raymond. (Attachments: #1 cover letter, #2 Envelope, NOTE: envelope says De'Shaun Williams)(kmca) |
Filing 143 ***DOCUMENT MAILED #50 Scheduling Order, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, (gpre, ) |
Filing 142 SUMMONS Returned Executed by Michael J. FitzGibbons. John Thomas Childs, IV served on 3/22/2018, answer due 4/12/2018. (Attachments: #1 Proof of Service, #2 Certificate of Service)(gpre, ) Refiled by clerk to correct event type. |
Filing 141 ***DOCUMENT MAILED 140 Order on Motion to Quash, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 140 TEXT ORDER denying #127 #128 motions to quash subpoenas. Defendants Deshaun Williams and Cherise Raymond, proceeding pro se, filed motions to quash and/or limit subpoenas Defendants served on nonparty JP Morgan. [Docs. 127; 128.] After careful review of the record, the undersigned finds that Defendants' motions do not trigger the protections or relief provided for in Fed. R. Civ. P. 45(d)(3). Accordingly, Defendants' motions are denied. Signed by Magistrate Judge Jacquelyn D Austin on 3/15/2018.(gpre, ) |
Filing 138 ***DOCUMENT MAILED 137 Order on Motion for Service by Publication, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 137 TEXT ORDER granting #120 motion for service by publication and extension of time to serve Complaint. As an initial matter, the Court finds that Plaintiff has established good cause for the delay in service on Defendants John Thomas Childs, IV, Kimberly Davidson, and Daniel Wheeler. These Defendants shall be served by May 7, 2018. Because this is the second extension of time to serve, no further extensions will be granted absent extraordinary circumstances. Further, Plaintiff seeks to serve Defendants A-Z Consulting, IGWT Consulting, LLC, and Intermediary Network by publication in accordance with S.C. Code 15-9-740. Plaintiff is directed to serve Defendants A-Z Consulting, IGWT Consulting, LLC, and Intermediary Network as set forth in its motion and file an affidavit of service via publication by May 7, 2018. Plaintiff also seeks to serve Defendants Alton Atkinson ("Atkinson") and King Capital Group ("King Capital") via foreign publication. Fed. R. Civ. P. 4(f) governs service upon individuals in a foreign country. The rule also applies to foreign corporations not within any judicial district of the United States. Fed. R. Civ. P. 4(h)(2). Rule 4(f) allows for service "by any internationally agreed means that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents." Fed. R. Civ. P. 4(f)(1). The rules also allow for service on a foreign individual by "other means not prohibited by international agreement, as the court orders." Fed. R. Civ. P. 4(f)(3). Plaintiff's memorandum of law and exhibits detail the steps Plaintiff has taken to effect service on Atkinson and King Capital. Plaintiff began by mailing a copy of the Summons and Complaint to Atkinson and King Capital by certified mail return receipt requested. When that mailing was unsuccessful, Plaintiff hired an investigator in Canada to uncover a current address for Atkinson and King Capital. [Docs. 120-1 at 7; 120-5 at 1.] During his investigation, Plaintiff's investigator uncovered several addresses associated with Atkinson and King Capital. [Doc. 120-5 at 13.] Plaintiff's investigator went to the addresses to obtain information about Atkinson and King Capital, but was unable to confirm an address for either. [See Id. (describing the investigation into addresses for Atkinson and King Capital).] The Court finds that Plaintiff has taken reasonable steps to locate and serve Atkinson and King Capital. Further, the Court finds that Plaintiff has presented sufficient evidence that further attempts other than by publication would be futile. Accordingly, the Court finds service by foreign publication appropriate as set forth in Plaintiff's motion. Signed by Magistrate Judge Jacquelyn D Austin on 3/6/2018.(gpre, ) |
Filing 135 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #134 Response in Opposition to Motion, (Molony, Michael) |
Filing 134 RESPONSE in Opposition re #128 MOTION to Quash, #127 MOTION to Quash Response filed by Michael J. FitzGibbons.Reply to Response to Motion due by 3/6/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Subponea to JP Morgan Chase Bank re Cherise Raymond, #2 Exhibit B - Subponea to JP Morgan Chase Bank re Deshaun Williams, #3 Exhibit C - Bank of America Records)(Molony, Michael) |
Filing 133 ***DOCUMENT MAILED 131 Clerk's Entry of Default placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 131 Clerk's ENTRY OF DEFAULT as to Defendants Kristin Ketterman, Busch Law Center, Andre Garcia Littlejohn, JJLJ Financial, Protege Investments, LLC, and Vickie Damon. (gpre, ) |
Filing 130 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #129 REQUEST for Entry of Default as to Defendants Kristin Ketterman, Busch Law Center, Andre Garcia Littlejohn, JJLJ Financial, Protege Investments, LLC, and Vickie Damon (Molony, Michael) Modified on 2/23/2018 to edit text (gpre, ). |
Filing 129 REQUEST for Entry of Default as to Defendants Kristin Ketterman, Busch Law Center, Andre Garcia Littlejohn, JJLJ Financial, Protege Investments, LLC, and Vickie Damon by Michael J. FitzGibbons. Response to Motion due by 3/8/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Affidavit in Support of Request for Entry of Default for Kristin Ketterman, #2 Exhibit 2 - Affidavit in Support of Request for Entry of Default for Busch Law Center, #3 Exhibit 3 - Affidavit in Support of Request for Entry of Default for Andre Garcia Littlejohn, #4 Exhibit 4 - Affidavit in Support of Request for Entry of Default for JJLJ Financial, #5 Exhibit 5 - Affidavit in support of Request for Entry of Default for Protege Investments, #6 Exhibit 6 - Affidavit in support of Request for Entry of Default for Vickie Damon)No proposed order.(Molony, Michael) Modified on 2/23/2018 to correct event type (gpre, ). Modified on 2/23/2018 (gpre, ). |
Filing 128 MOTION to Quash and/or limit Subpoena Duces Tecum by Cherise Raymond. Response to Motion due by 3/7/2018. No proposed order.Motions referred to Jacquelyn D Austin.(kmca) |
Filing 127 MOTION to Quash and/or limit Subpoena Duces Tecum by De'Shaun Williams. Response to Motion due by 3/7/2018. No proposed order.Motions referred to Jacquelyn D Austin.(kmca) |
Filing 126 REPLY to Response in Opposition to Defendant's #64 MOTION to Dismiss. Reply filed by Cherise Raymond. (gpre, ) |
Filing 125 REPLY to Plaintiff's Response in Opposition to Defendant's #65 MOTION to Dismiss. Reply filed by De'Shaun Williams. (gpre, ) |
Filing 124 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #123 Stipulation and Notice of Service to an Improper Party (Molony, Michael) |
Filing 123 STIPULATION and Notice of Service to an Improper Party by Michael J. FitzGibbons. (Molony, Michael) |
Filing 122 CERTIFICATE OF SERVICE by Michael Ciuffo re #116 Answer to Complaint, #117 Local Rule 26.01 Answers to Interrogatories (Tollison, Lewis) |
Filing 121 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #120 MOTION for Service by Publication and Extension of Time to Serve Complaint (Wiseman, Jeffrey) |
Filing 120 MOTION for Service by Publication and Extension of Time to Serve Complaint by Michael J. FitzGibbons. Response to Motion due by 2/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A to Memo in Support - Affidavit of Publication re A-Z Consulting, #3 Exhibit B to Memo in Support - Affidavit of Publication re Intermediary Network, #4 Exhibit C to Memo in Support - Affidavit of Publication re IGWT, #5 Exhibit D to Memo in Support - Affidavit of Canadian Process Server, #6 Exhibit E to Memo in Support - Alton Atkinson LinkedIn Profile, #7 Exhibit F to Memo in Support - Certified Letter to King Capitol)No proposed order.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 117 Local Rule 26.01 Answers to Interrogatories by Michael Ciuffo.(Tollison, Lewis) |
Filing 116 ANSWER to #1 Complaint,,,, by Michael Ciuffo.(Tollison, Lewis) |
Filing 115 ***DOCUMENT MAILED 114 Order on Motion for Extension of Time placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 114 TEXT ORDER granting #113 pro se motion for extension of time. Defendants Williams and Raymond's replies are due by February 8, 2018. Signed by Magistrate Judge Jacquelyn D Austin on 1/26/2018.(gpre, ) |
Filing 113 PRO SE MOTION for Extension of Time to Reply to Plaintiff's Response to Motion by Cherise Raymond, De'Shaun Williams. Response to Motion due by 2/8/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Certificate of Service,)(No Envelope)Motions referred to Jacquelyn D Austin.(gpre, ) |
Filing 111 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #110 Summons Returned Executed (Wiseman, Jeffrey) |
Filing 110 SUMMONS Returned Executed by Michael J. FitzGibbons. Michael Ciuffo served on 12/19/2017, answer due 1/9/2018. (Attachments: #1 Affidavit of Service on Michael Ciuffo)(Wiseman, Jeffrey) |
Filing 109 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #107 Response in Opposition to Motion, #108 Response in Opposition to Motion, (Wiseman, Jeffrey) |
Filing 108 RESPONSE in Opposition re #65 MOTION to Dismiss of Defendant Williams Response filed by Michael J. FitzGibbons.Reply to Response to Motion due by 1/19/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Wiseman, Jeffrey) |
Filing 107 RESPONSE in Opposition re #64 MOTION to Dismiss of Defendant Raymond Response filed by Michael J. FitzGibbons.Reply to Response to Motion due by 1/19/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Wiseman, Jeffrey) |
Filing 106 CERTIFICATE OF SERVICE by Mark Goodman re #94 Local Rule 26.01 Answers to Interrogatories (Humphries, Christina) |
Filing 104 ***DOCUMENT MAILED 103 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 103 TEXT ORDER granting #99 second motion for extension of time. Plaintiff's responses to #64 motion to dismiss and #65 motion to dismiss are due by January 12, 2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 1/11/2018.(gpre, ) |
Filing 102 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #101 Summons Returned Executed (Wiseman, Jeffrey) |
Filing 101 SUMMONS Returned Executed by Michael J. FitzGibbons. IGWT Consulting LLC served on 12/16/2017, answer due 1/8/2018. (Attachment(s) #1 Proof of Service) (Wiseman, Jeffrey) Modified to replace main document with correct signature as provided by filing user on 1/10/2018) (gpre, ). |
Filing 100 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #99 Second MOTION for Extension of Time to File Response/Reply as to #65 MOTION to Dismiss, #64 MOTION to Dismiss (Wiseman, Jeffrey) |
Filing 99 Second MOTION for Extension of Time to File Response/Reply as to #65 MOTION to Dismiss, #64 MOTION to Dismiss by Michael J. FitzGibbons. Response to Motion due by 1/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 97 Pro Se Party's Local Rule 26.01 Answers to Interrogatories by Cherise Raymond. (Attachments: #1 Exhibit-Superior Court of California Complaint, #2 Envelope)(gpre, ) |
Filing 96 Pro Se Party's Local Rule 26.01 Answers to Interrogatories by De'Shaun Williams. (Attachments: #1 Exhibit-Superior Court of California Complaint, #2 Envelope)(gpre, ) |
Filing 95 CERTIFICATE OF SERVICE by Mark Goodman re #93 Reply to Response to Motion To Dismiss Plaintiff's Complaint (Cooper, Lindsey) |
Filing 94 Local Rule 26.01 Answers to Interrogatories by Mark Goodman.(Cooper, Lindsey) |
Filing 93 REPLY to Response to Motion re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Mark Goodman. (Cooper, Lindsey) |
Filing 92 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #87 Response in Opposition to Motion, (Wiseman, Jeffrey) |
Filing 91 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #86 Consent MOTION for Extension of Time To Respond to Defendant Mark Goodman's Motion to Dismiss (Wiseman, Jeffrey) |
Filing 89 ***DOCUMENT MAILED 88 Order on Motion for Extension of Time placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 88 TEXT ORDER granting #86 motion for extension of time. Plaintiff's response to #61 motion to dismiss is due by December 29, 2017. Signed by Magistrate Judge Jacquelyn D Austin on 12/28/2017.(gpre, ) |
Filing 87 RESPONSE in Opposition re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Michael J. FitzGibbons.Reply to Response to Motion due by 1/5/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Wiseman, Jeffrey) |
Filing 86 Consent MOTION for Extension of Time To Respond to Defendant Mark Goodman's Motion to Dismiss by Michael J. FitzGibbons. Response to Motion due by 1/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 85 ***DOCUMENT MAILED #84 Proper Form Order, 26.01 Interrogatories, Public Docket Report, placed in U.S. Mail to De'Shaun Williams (gpre, ) |
Filing 84 ORDER to Pro Se Defendant De'Shaun Williams directing defendant to notify the clerk in writing of any change of address. Defendant to submit to the Court fully completed and signed pro se partys answers to Rule 26.01 interrogatoriesby 1/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. ALL FUTURE FILINGS IN THIS CASE MUST BE SENT TO THE CLERK'S OFFICE, 300 EAST WASHINGTON STREET, GREENVILLE, SC 29601. Signed by Magistrate Judge Jacquelyn D Austin on 12/21/2017. (Attachments: #1 Pro Se Party's Rule 26.01 Interrogatories)(gpre, ) |
Filing 83 ***DOCUMENT MAILED #82 Proper Form Order, 26.01 Interrogatories, Public Docket Report, placed in U.S. Mail to Cherise Raymond. (gpre, ) |
Filing 82 ORDER to Pro Se Defendant Cherise Raymond directing defendant to notify the clerk in writing of any change of address. Defendant to submit to the Court fully completed and signed pro se partys answers to Rule 26.01 interrogatories by 1/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. ALL FUTURE FILING IN THIS CASE MUST BE SENT TO THE CLERK'S OFFICE,300 EAST WASHINGTON STREET, GREENVILLE, SC 29601. Signed by Magistrate Judge Jacquelyn D Austin on 12/21/2017. (Attachments: #1 Pro Se Party's Rule 26.01 Interrogatories)(gpre, ) |
Filing 80 ***DOCUMENT MAILED 79 Order on Motion for Extension of Time, placed in U.S. Mail to Cherise Raymond, De'Shaun Williams, Larry Busch, Winston Cook (gpre, ) |
Filing 79 TEXT ORDER granting #74 motion for extension of time. Plaintiff's responses to #64 motion to dismiss and #65 motion to dismiss are due by January 10, 2018. Signed by Magistrate Judge Jacquelyn D Austin on 12/21/2017.(gpre, ) Modified on 12/21/2017 to edit text (gpre, ). |
Filing 77 Letter to Judge Austin regarding emails an correspondence between Kristin Ketterman and Young Clement Rivers LLP. (Attachments: #1 Ketterman Attachments) (gpre, ) Filed at the direction of Chambers |
Filing 75 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #74 MOTION for Extension of Time to Respond to Defendants Cherise Raymond and Deshaun Williams's Motions to Dismiss (Wiseman, Jeffrey) |
Filing 74 MOTION for Extension of Time to Respond to Defendants Cherise Raymond and Deshaun Williams's Motions to Dismiss by Michael J. FitzGibbons. Response to Motion due by 1/3/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) Modified on 12/21/2017 to remove proposed order (gpre, ). |
Filing 73 ***DOCUMENT MAILED 72 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to Larry Busch, Winston Cook. (gpre, ) |
Filing 72 TEXT ORDER finding as moot #68 motion for extension of time and granting #70 amended motion for extension of time. Plaintiff's response to #61 motion to dismiss is due by December 28, 2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 12/18/2017.(gpre, ) |
Filing 71 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #70 Amended MOTION for Extension of Time to File Response/Reply as to #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Wiseman, Jeffrey) |
Filing 70 Amended MOTION for Extension of Time to File Response/Reply as to #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael J. FitzGibbons. Response to Motion due by 12/29/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 69 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #68 MOTION for Extension of Time to File Response/Reply as to #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Wiseman, Jeffrey) |
Filing 68 MOTION for Extension of Time to File Response/Reply as to #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael J. FitzGibbons. Response to Motion due by 12/29/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Wiseman, Jeffrey) |
Filing 67 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #66 Summons Returned Executed (Wiseman, Jeffrey) |
Filing 66 SUMMONS Returned Executed by Michael J. FitzGibbons. Vickie Damon served on 12/10/2017, answer due 1/2/2018. (Attachments: #1 Affidavit of Service on Vickie Damon)(Wiseman, Jeffrey) |
Filing 65 MOTION to Dismiss by De'Shaun Williams. Response to Motion due by 12/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Declaration of defendant Williams, #2 Exhibit 1 Supporting documents, #3 Exhibit A California Superior Court complaint, #4 Request for Judicial Notice)No proposed order.Motions referred to Jacquelyn D Austin.(kric, ) |
Filing 64 MOTION to Dismiss by Cherise Raymond. Response to Motion due by 12/27/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Declaration of defendant Raymond, #2 Exhibit 1 Supporting documents, #3 Exhibit A California Superior Court complaint, #4 Request for Judicial Notice)No proposed order.Motions referred to Jacquelyn D Austin.(kric, ) |
Filing 63 CERTIFICATE OF SERVICE by Mark Goodman re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Tierney, Nicholas) |
Filing 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Goodman. Response to Motion due by 12/18/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1 (Email from Defendant to R.Crosby), #3 Exhibit 2 (SCDOI Order), #4 Exhibit 3 (Settlement & Release Agreement))No proposed order.Motions referred to Jacquelyn D Austin.(Cooper, Lindsey) Modified on 12/5/2017: see #63 certificate of service (kmca). |
Filing 60 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #58 Summons Returned Executed, #59 Summons Returned Executed, #57 Summons Returned Executed (Wiseman, Jeffrey) |
Filing 59 SUMMONS Returned Executed by Michael J. FitzGibbons. Protege Investments LLC served on 11/2/2017, answer due 11/27/2017. (Attachments: #1 Affidavit of Service on Protege Investments, LLC)(Wiseman, Jeffrey) |
Filing 58 SUMMONS Returned Executed by Michael J. FitzGibbons. Cherise Raymond served on 11/2/2017, answer due 11/27/2017. (Attachments: #1 Affidavit of Service on Cherise Raymond)(Wiseman, Jeffrey) |
Filing 57 SUMMONS Returned Executed by Michael J. FitzGibbons. De'Shaun Williams served on 11/2/2017, answer due 11/27/2017. (Attachments: #1 Affidavit of Service on DeShaun Williams)(Wiseman, Jeffrey) |
Filing 56 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #55 Summons Returned Executed (Wiseman, Jeffrey) |
Filing 55 SUMMONS Returned Executed by Michael J. FitzGibbons. Mark Goodman served on 11/13/2017, answer due 12/4/2017. (Attachments: #1 Affidavit of Service on Mark Goodman)(Wiseman, Jeffrey) |
Filing 54 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #53 Summons Returned Executed, #52 Summons Returned Executed (Wiseman, Jeffrey) |
Filing 53 SUMMONS Returned Executed by Michael J. FitzGibbons. JJLJ Financial served on 9/25/2017, answer due 10/16/2017. (Attachments: #1 Affidavit of Service on JJLJ Financial)(Wiseman, Jeffrey) |
Filing 52 SUMMONS Returned Executed by Michael J. FitzGibbons. Andre Garcia Littlejohn served on 9/25/2017, answer due 10/16/2017. (Attachments: #1 Affidavit of Service on Andre Garcia Littlejohn)(Wiseman, Jeffrey) |
Filing 51 ***DOCUMENT MAILED #50 Scheduling Order, placed in U.S. Mail to Larry Busch, Winston Cook (gpre, ) |
Filing 50 AMENDED SCHEDULING ORDER 26(a) Initial Disclosures due by 1/5/2018, Motions to Amend Pleadings due by 5/4/2018, Plaintiffs ID of Expert Witness due by 6/5/2018, Defendants ID of Expert Witnesses Due by 7/6/2018, Records Custodian Affidavit due by 7/6/2018, Discovery due by 8/3/2018, Motion in Limine due by 11/9/2018, Motions due by 8/31/2018, Rule 26(a)(3) Disclosures due by 10/5/2018, Jury Selection Deadline 11/9/2018, Mediation Due by 9/21/2018, Signed by Magistrate Judge Jacquelyn D Austin on 11/9/2017. (gpre, ) Modified on 11/13/2017 to edit text (gpre, ). |
Filing 49 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #48 Rule 26 Discovery Plan, #47 Rule 26(f) Report (Wiseman, Jeffrey) |
Filing 48 Joint Rule 26 Outline of Discovery Plan by Michael J. FitzGibbons.(Wiseman, Jeffrey) |
Filing 47 Joint Rule 26(f) Report by Michael J. FitzGibbons. (Attachments: #1 Proposed Order Amended Scheduling Order)(Wiseman, Jeffrey) |
Filing 45 ***DOCUMENT MAILED 44 Order on Motion to Amend/Correct, #23 Scheduling Order, placed in U.S. Mail to Larry Busch, Winston Cook (gpre, ) |
Filing 44 TEXT ORDER denying as premature #35 motion to amend/correct scheduling order. Any amendments to the scheduling order should be submitted as part of the parties' Rule 26(f) Report, which is due by November 8, 2017. [See Doc. 23.] Signed by Magistrate Judge Jacquelyn D Austin on 11/1/2017.(gpre, ) |
Filing 43 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #37 Local Rule 26.03 Answers to Interrogatories (Molony, Michael) |
Filing 42 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #36 MOTION for Extension of Time to Serve Defendants (Molony, Michael) |
Filing 41 CERTIFICATE OF SERVICE by Michael J. FitzGibbons re #35 MOTION to Amend/Correct #23 Scheduling Order,, (Molony, Michael) |
Filing 39 ***DOCUMENT MAILED 38 Order on Motion for Extension of Time, placed in U.S. Mail to Larry Busc, Winston Cook (gpre, ) |
Filing 38 TEXT ORDER granting #36 motion for extension of time to serve Defendants. Plaintiff has established good cause for the delay in service on certain Defendants. The remaining unserved Defendants shall be served by February 5, 2018. Signed by Magistrate Judge Jacquelyn D Austin on 10/26/2017.(gpre, ) Modified on 10/26/2017 to edit text (gpre, ). |
Filing 37 Local Rule 26.03 Answers to Interrogatories by Michael J. FitzGibbons.(Molony, Michael) |
Filing 36 MOTION for Extension of Time to Serve Defendants by Michael J. FitzGibbons. Response to Motion due by 11/8/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion for Extension of Time to Serve Defendants)No proposed order.Motions referred to Jacquelyn D Austin.(Molony, Michael) |
Filing 35 MOTION to Amend/Correct #23 Scheduling Order,, by Michael J. FitzGibbons. Response to Motion due by 11/8/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Proposed Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Molony, Michael) |
Filing 33 ***DOCUMENT MAILED #32 Proper Form Order,, 31 Text Order on Motion for Leave to Proceed in forma pauperis, Pro Se 26.01 Interrogatories, Public Docket Sheet, placed in U.S. Mail to Larry Busch (gpre, ) |
Filing 32 PROPER FORM ORDER to Pro Se Defendant Larry Busch. Directing Defendant to notify the clerk in writing of any change of address. Defendant's motion for leave to proceed in forma pauperisis found as moot. Case to be brought into proper form by 11/1/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 10/11/2017. (Attachments: #1 Pro Se Party's 26.01 Interrogatories)(gpre, ) Modified on 10/11/2017 to edit text (gpre, ). |
Filing 31 TEXT ORDER finding as moot #27 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jacquelyn D Austin on 10/11/2017.(gpre, ) |
Filing 30 Local Rule 26.01 Answers to Interrogatories by Winston Cook. (Attachments: #1 Envelope best scan possible of envelope)(kric, ) |
Filing 28 ***DOCUMENT MAILED #24 Mediation Order, #23 Scheduling Order, 26(f) Report form, LR 26.03 Rule and form, AO85 form Consent to Magistrate form, placed in U.S. Mail to Larry J. Busch Jr. (gpre, ) |
Filing 27 Pro Se MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Larry Busch. Response to Motion due by 10/20/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(gpre, ) |
Filing 26 Pro Se ANSWER to #1 Complaint, by Larry Busch. (Attachments: #1 Envelope)(gpre, ) |
Filing 25 ***DOCUMENT MAILED #24 Mediation Order, #23 Scheduling Order, 26(f) Report form, LR 26.03 Rule and form, AO85 form Consent to Magistrate form, placed in U.S. Mail to Winston Cook (gpre, ) |
Filing 24 MEDIATION ORDER Mediation Due by 3/29/2018, Signed by Honorable Timothy M Cain on 10/5/2017 (gpre, ) Modified on 10/6/2017 to edit text (gpre, ). |
Filing 23 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 10/25/2017, 26(a) Initial Disclosures due by 11/8/2017, Rule 26 Report due by 11/8/2017, Motions to Amend Pleadings due by 12/19/2017, Plaintiffs ID of Expert Witness due by 1/18/2018, Defendants ID of Expert Witnesses Due by 2/20/2018, Records Custodian Affidavit due by 2/20/2018, Discovery due by 3/22/2018, Motions due by 4/5/2018, Rule 26(a)(3) Disclosures due by 5/4/2018, Jury Selection Deadline 6/4/2018, Signed by Honorable Timothy M Cain on 10/5/2017. (gpre, ) |
Filing 21 SUMMONS Returned Executed by Michael J. FitzGibbons. Kristin Ketterman served on 9/22/2017, answer due 10/13/2017. (Attachments: #1 Affidavit of Service)(Molony, Michael) |
Filing 20 ANSWER to #1 Complaint,,,, by Athena Childs.(Phillips, Thomas) |
Filing 19 CERTIFICATE OF SERVICE by Athena Childs re #11 Local Rule 26.01 Answers to Interrogatories to Winston J. Cook (Phillips, Thomas) |
Filing 18 ***DOCUMENT MAILED #17 Proper Form Order, Pro Se Party's 26.01 Interrogatories, Public Docket Sheet, placed in U.S. Mail to Winston Cook (gpre, ) |
Filing 17 ORDER to Pro Se Defendant Winston Cook. Defendant to submit party's answers to Rule 26.01 interrogatories by 10/11/2017. Directing Plaintiff to notify the clerk in writing of any change of address. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 9/20/2017. (Attachments: #1 Pro Se Party's 26.01 Interrogatories)(gpre, ) |
Filing 15 ***DOCUMENT MAILED 14 Notice Change of Case Number, placed in U.S. Mail to Winston Cook (kmca) |
Filing 14 NOTICE OF CHANGE OF CASE NUMBER. New case number is 8-17-cv-2092-TMC-JDA. Please make a note of it for all future filings as well as Judge's preferences. (kmca) |
Filing 12 Pro Se ANSWER to #1 Complaint by Winston Cook. (Attachments: #1 Supporting Documents, #2 Letter to Judge Cain sending Winston Cook's Pro Se Answer)(kmca) |
Filing 11 Local Rule 26.01 Answers to Interrogatories by Athena Childs.(Phillips, Thomas) |
Filing 10 NOTICE of Appearance by Thomas Ryan Phillips on behalf of Athena Childs (Phillips, Thomas) |
Filing 9 SUMMONS Returned Executed by Michael J. FitzGibbons. Winston Cook served on 8/21/2017, answer due 9/11/2017. (Attachments: #1 Affidavit of Service)(Molony, Michael) Modified on 9/8/2017: to remove duplicate text (kmca). |
Filing 8 SUMMONS Returned Executed by Michael J. FitzGibbons. Larry Busch served on 8/31/2017, answer due 9/21/2017. (Attachments: #1 Affidavit of Service)(Molony, Michael) Modified on 9/8/2017: to remove duplicate text, to correct date served and answer due date (kmca). |
Filing 7 SUMMONS Returned Executed by Michael J. FitzGibbons. Cook Business Services LLC served on 8/21/2017, answer due 9/11/2017. (Attachments: #1 Affidavit of Service)(Molony, Michael) Modified on 9/8/2017: to remove duplicate text (kmca). |
Filing 6 SUMMONS Returned Executed by Michael J. FitzGibbons. Busch Law Center LLC served on 8/31/2017, answer due 9/21/2017. (Attachments: #1 Affidavit of Service)(Molony, Michael) Modified on 9/8/2017: to remove duplicate text; to correct date served and answer due date (kmca). |
Filing 5 SUMMONS Returned Executed by Michael J. FitzGibbons. Athena Childs served on 8/19/2017, answer due 9/11/2017. (Attachments: #1 Affidavit of Service)(Molony, Michael) Modified on 9/8/2017: to remove duplicate text (kmca). |
Filing 4 Summons Issued as to A-Z Consulting LLC, Alton Atkinson, Larry Busch, Busch Law Center LLC, Athena Childs, John Thomas Childs, IV, Michael Ciuffo, Winston Cook, Cook Business Services LLC, Vickie Damon, Kimberly Davidson, John Does 1-10, Mark Goodman, IGWT Consulting LLC, Intermediary Network, JJLJ Financial, Kristin Ketterman, King Capital Group, Andre Garcia Littlejohn, Protege Investments LLC, Cherise Raymond, Regent Financial, Daniel Wheeler, De'Shaun Williams. (kmca) |
Filing 3 Local Rule 26.01 Answers to Interrogatories by Michael J. FitzGibbons.(kmca) |
Filing 1 COMPLAINT against A-Z Consulting LLC, Alton Atkinson, Larry Busch, Busch Law Center LLC, Athena Childs, John Thomas Childs, IV, Michael Ciuffo, Winston Cook, Cook Business Services LLC, Vickie Damon, Kimberly Davidson, John Does 1-10, Mark Goodman, IGWT Consulting LLC, Intermediary Network, JJLJ Financial, Kristin Ketterman, King Capital Group, Andre Garcia Littlejohn, Protege Investments LLC, Cherise Raymond, Regent Financial, Daniel Wheeler, De'Shaun Williams (Filing fee $400 receipt number 0420-7297356), filed by Michael J. FitzGibbons. Service due by 11/6/2017. (Attachments: #1 Exhibit 1 2011 & 2012 Emails, #2 Exhibit 2 Finder Fee Agreement, #3 Exhibit 3 - Email dated May 31, 2012, #4 Exhibit 4 Escrow Records & Bank Statements, #5 Exhibit 5 LOC No. 1, #6 Exhibit 6 April 5, 2013 Emails, #7 Exhibit 7 - Escrow Records & Bank Statements, #8 Exhibit 8 Renewal of LOC No. 1, #9 Exhibit 9 2013 Emails, #10 Exhibit 10 - Escrow Records & Bank Statements, #11 Exhibit 11 LOC No., #12 Exhibit 12 2014 Emails, #13 Exhibit 13 Bank Statements, #14 Exhibit 14 Renewal of LOC No. 1, #15 Exhibit 15 Letter dated November 10, 2014, #16 Exhibit 16 Demand Letters)(kmca) Modified on 6/11/2018 to replace corrected attachments 1,4,6,7,9,10,12,13 as provided by filing user) (gpre, ). |
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