Three Twenty-One Capital Partners, LLC v. CapitalPlus Financial Services, LLC
| Three Twenty-One Capital Partners, LLC |
| CapitalPlus Financial Services, LLC |
| 3:2023cv00410 |
| November 14, 2023 |
| US District Court for the Eastern District of Tennessee |
| Jill E McCook |
| Thomas A Varlan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
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Filing 38
SCHEDULING ORDER: A final pretrial conference will be held in Knoxville, Tennessee at the Howard H. Baker, Jr. United States Courthouse on Tuesday, February 11, 2025, at 11:00 a.m. The trial of this case will be held in Knoxville, Tennessee at the Howard H. Baker, Jr. United States Courthouse before the undersigned beginning on Tuesday, February 18, 2025, at 9:00 a.m. Signed by District Judge Thomas A Varlan on January 4, 2024. (AYB)
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Filing 37
ORDER: Given that Attorney Etelson has responded to the Courts Order, the Court DISCHARGES the Order to Show Cause [Doc. 34]. Attorney Etelson has filed a notice of withdraw as counsel for CapitalPlus [Doc. 35]. Accordingly, the Clerk SHALL remove Attorney Etelson in CM/ECF as counsel of record for Defendant CapitalPlus Financial Services, LLC. Signed by Magistrate Judge Jill E McCook on 12/15/23. (ABF)
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| Filing 36 RESPONSE TO ORDER TO SHOW CAUSE by Glenn C. Etelson. (ABF) |
| Filing 35 Notice of Attorney Withdrawal Attorney Glenn Curtis Etelson terminated. (ABF) |
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Filing 34
ORDER TO SHOW CAUSE: The Court ORDERS Attorney Etelson to show cause on or before December 18, 2023, why he should not be removed as an attorney of record in this case and why other appropriate sanctions should not issue for his failure to comply with the Notice. The Court DIRECTS the Clerk to mail a copy of this Order to Show Cause to Attorney Etelson. Show Cause Response due by 12/18/2023. Signed by Magistrate Judge Jill E McCook on 12/8/23. (c/m to Glenn Curtis Etelson, Shulman Rogers Gandal Pordy and Ecker PA, 12505 Park Potomac Ave Sixth Fl, Potomac, MD 20854)(ABF)
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Filing 33
ORDER granting #31 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 12/08/2023. This entry constitutes the complete Order of the Court. (HSN) Modified on 12/8/2023 to indicate c/m to Scott H Marder, Thomas & Libowitz, P.A., 25 S. Charles Street, Suite 2015, Baltimore, MD 21201 (ABF).
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Filing 32
ORDER granting #30 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 12/08/2023. This entry constitutes the complete Order of the Court. (HSN) Modified on 12/8/2023 to indicate c/m to Justin T. Liberatore, Thomas & Libowitz, P.A., 25 S. Charles Street, Suite 2015, Baltimore, MD 21201 (ABF).
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Filing 29
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Thomas A Varlan on 12/5/23. (Attachments: #1 Other Notice of Consent/Non-Consent) (ABF)
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| Clerk's Verification of PHV Requirements is complete regarding document: #30 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Three Twenty-One Capital Partners, LLC, #31 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Three Twenty-One Capital Partners, LLC (ABF) |
| Filing 31 MOTION for Scott Marder to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300002832.) by Three Twenty-One Capital Partners, LLC. (ABF) |
| Filing 30 MOTION for Justin Liberatore to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300002831.) by Three Twenty-One Capital Partners, LLC. (ABF) |
| Filing 28 ANSWER to Complaint by CapitalPlus Financial Services, LLC. (Attachments: #1 Exhibit 1 - Contract, #2 Exhibit 2 - Term Sheet)(Kizer, John) |
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Filing 27
ORDER granting #26 Unopposed Motion For Extension For Pro Hac Vice Admission. Signed by Magistrate Judge Jill E. McCook on 11/30/2023. This entry constitutes the complete Order of the Court. (HSN)
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| Filing 26 Unopposed MOTION Extension of Time for Pro Hac Vice Motion re #18 NOTICE of Deficiency (Pro Hac), #17 NOTICE of Deficiency (Pro Hac) by Three Twenty-One Capital Partners, LLC. (Murrie, Jason) |
| Filing 25 NOTICE of Appearance by Jason Kevin Murrie on behalf of Three Twenty-One Capital Partners, LLC (Murrie, Jason) |
| Filing 24 STIPULATION of Extension of Time to Respond to Complaint by CapitalPlus Financial Services, LLC. (Kizer, John) |
| Filing 23 NOTICE of Appearance by John M Kizer on behalf of CapitalPlus Financial Services, LLC (Kizer, John) |
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Filing 22
Order Governing Sealing Confidential Information - Signed by District Judge Thomas A Varlan on 11/14/2023. (copies mailed to counsel of record) (KMK)
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Filing 21
Order Governing Motions To Dismiss - Signed by District Judge Thomas A Varlan on 11/14/2023. (copies mailed to counsel of record) (KMK)
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Filing 20
Order Governing Depositions - Signed by District Judge Thomas A Varlan on 11/14/2023. (Copies mailed to counsel of record) (KMK)
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| Filing 19 NOTICE of Deficiency (Pro Hac) - Attorney Glenn Etelson (copy mailed to counsel) (KMK) |
| Filing 18 NOTICE of Deficiency (Pro Hac) - Justin Liberatore (copy mailed to counsel) (KMK) |
| Filing 17 NOTICE of Deficiency (Pro Hac) - Attorney Scott Marder (Copy mailed to counsel) (KMK) |
| Filing 16 Case electronically transferred in from the District of Maryland; District of Maryland Case Number 1:23-cv-02505. |
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Filing 15
ORDER GRANTING #14 Joint Motion to Transfer Case to the Eastern District of Tennessee. Signed by Judge Stephanie A. Gallagher on 11/6/2023. (hmls, Deputy Clerk) [Transferred from Maryland on 11/14/2023.]
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| Filing 14 Joint MOTION to Transfer Case to the USDC for the Eastern District of Tennessee by Three Twenty-One Capital Partners, LLC (Attachments: #1 Text of Proposed Order)(Marder, Scott) [Transferred from Maryland on 11/14/2023.] |
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Filing 13
PAPERLESS ORDER granting #12 Motion for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss for Lack of Jurisdiction . Signed by Judge Stephanie A. Gallagher on 10/27/2023. (vals, Chambers) [Transferred from Maryland on 11/14/2023.]
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| Filing 12 Consent MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss for Lack of Jurisdiction by Three Twenty-One Capital Partners, LLC(Marder, Scott) [Transferred from Maryland on 11/14/2023.] |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction by CapitalPlus Financial Services, LLC (Attachments: #1 Memorandum in Support of the Motion to Dismiss, #2 Exhibit 1, #3 Text of Proposed Order)(Etelson, Glenn) [Transferred from Maryland on 11/14/2023.] |
| Filing 10 SUMMONS Returned Executed by Three Twenty-One Capital Partners, LLC. CapitalPlus Financial Services, LLC served on 9/21/2023, answer due 10/12/2023. (Attachments: #1 Exhibit 1)(Liberatore, Justin) [Transferred from Maryland on 11/14/2023.] |
| Filing 9 QC NOTICE: #8 Affidavit of Service, filed by Three Twenty-One Capital Partners, LLC was filed incorrectly. **Please re-file using the event "Summons Returned Executed" and follow the prompts to set answer deadline. It has been noted as FILED IN ERROR, and the document link has been disabled. (dass, Deputy Clerk) [Transferred from Maryland on 11/14/2023.] |
| Filing 8 (FILED IN ERROR) AFFIDAVIT of Service for Summons and Complaint served on Sarah Thornsberry of Gentry Tipton & McLemore, P.C. on 9/21/2023, filed by Three Twenty-One Capital Partners, LLC. (Attachments: #1 Exhibit 1)(Liberatore, Justin) Modified on 9/26/2023 (dass, Deputy Clerk). [Transferred from Maryland on 11/14/2023.] |
| Filing 7 Summons Issued 21 days as to CapitalPlus Financial Services, LLC.(dass, Deputy Clerk) [Transferred from Maryland on 11/14/2023.] |
| Filing 6 NOTICE by Three Twenty-One Capital Partners, LLC re #1 Complaint Summons (Marder, Scott) [Transferred from Maryland on 11/14/2023.] |
| Filing 5 Local Rule 103.3 Disclosure Statement by Three Twenty-One Capital Partners, LLC identifying Corporate Parent Three Twenty-One Capital Partners, LLC for Three Twenty-One Capital Partners, LLC.(Marder, Scott) [Transferred from Maryland on 11/14/2023.] |
| Filing 4 QC NOTICE: #2 Local Rule 103.3 Disclosure Statement filed by Three Twenty-One Capital Partners, LLC was filed incorrectly. **Please re-file and enter into the CM/ECF system all of the entities/persons named on your document when prompted. It has been noted as FILED IN ERROR, and the document link has been disabled. (dass, Deputy Clerk) [Transferred from Maryland on 11/14/2023.] |
| Filing 3 QC NOTICE re: #1 Complaint filed by Three Twenty-One Capital Partners, LLC. **The following attachment is missing - Summons for Defendant. Please file Summons for Defendant using the event Notice (Other) and link Summons for Defendant to #1 Complaint. (Please do not date the summons) Thank you. (dass, Deputy Clerk) [Transferred from Maryland on 11/14/2023.] |
| Filing 2 (FILED IN ERROR) Local Rule 103.3 Disclosure Statement by Three Twenty-One Capital Partners, LLC (Marder, Scott) Modified on 9/15/2023 (dass, Deputy Clerk). [Transferred from Maryland on 11/14/2023.] |
| Filing 1 COMPLAINT against CapitalPlus Financial Services, LLC ( Filing fee $ 402 receipt number AMDDC-10818306.), filed by Three Twenty-One Capital Partners, LLC. (Attachments: #1 Civil Cover Sheet)(Marder, Scott) [Transferred from Maryland on 11/14/2023.] |
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