Alvion Properties, Inc. et al v. Weber et al
| Alvion Properties, Inc., Shirely K. Medley and Harold M. Reynolds |
| Bernd H. Weber, Raymonde Weber, Claude J. Chauveau, George E. Howard, American Gulf Finance Corp., Alvion Partners, LLC, Weber, LLC, AGF Realty Solutions, Inc., Timedata Corporation and Time Data Holdings, LLC |
| 3:2008cv00866 |
| September 12, 2008 |
| US District Court for the Middle District of Tennessee |
| Fraud or Truth-In-Lending Office |
| Davidson |
| John S. Bryant |
| Aleta A. Trauger |
| Plaintiff |
| Diversity |
| 28:1332 Other Fraud |
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The following documents for this case are available for you to view or download:
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Filing
687
ORDER: Accordingly, there being no proper objections to the Report and Recommendation 651 , it is hereby ACCEPTED and APPROVED, Defendant Raymonde Weber's Motion for Judgment on the Pleadings 638 is hereby DENIED without prejudice to her righ ts to assert any defenses she may have at the trial of this case, and her Motion to Grant Leave for Filing Motion to Dismiss Due to Want of Prosecution. 684 is hereby DENIED. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 11/20/12. (xc:Pro se party by email notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
681
ORDER: Accordingly, the R & R (Docket No. 647) is hereby ACCEPTED and APPROVED, Defendants' Objections thereto (Docket No. 657) are hereby OVERRULED, and Defendants' "Motion to Dismiss All Counts of the First Amended Complaint" (Docket No. 606) is hereby DENIED. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 11/16/12. (xc:Pro se party by email notification.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
656
ORDER: For this reason, defendants' motion to strike pleadings from the first amended complaint 583 is DENIED without prejudice to defendants' right to object to the admissibility of particular evidence during the course of the trial. It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 11/6/12. (xc:Pro se party by email notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
649
ORDER: Third-party defendants Robert M. West and Allain de la Motte have filed their "Motion for Reconsideration of Their Motion for Summary Dismissal" 642 . To the extent that these parties intend this motion to be one seeking reconsider ation by the undersigned Magistrate Judge of the pending report and recommendation, the motion is DENIED. The ruling in this order is limited to a request by these parties to "reconsider" the pending report and recommendation. If these part ies intend their motion to be an objection to the report and recommendation, such objection must be resolved by the District Judge, as provided in Rule 72(b)(3). It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 11/2/12. (xc:Pro se party by email notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
646
REPORT AND RECOMMENDATION re 602 MOTION to Dismiss: The undersigned Magistrate Judge finds that defendants' motion to dismiss Counts V and VII of the first amended complaint should be denied. Signed by Magistrate Judge John S. Bryant on 10/31/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing
634
ORDER: Jury Trial set for 12/11/2012 at 9:00 AM before District Judge Kevin H. Sharp. Pretrial Conference set for 11/19/2012 at 2:30 PM before District Judge Kevin H. Sharp. Proposed Pretrial Order due by 11/14/2012. Exhibit List and Witness List due by 11/14/2012. Signed by District Judge Kevin H. Sharp on 10/17/12. (xc: Pro se parties by email notification.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified Text on 10/17/2012 (dt).
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Filing
633
REPORT AND RECOMMENDATION: Magistrate Judge Bryant that, to the extent that these motions seek declaratory judgments upholding the validity of the stock powers prior to trial, the motions 560 and 566 be DENIED. Signed by Magistrate Judge John S. Bryant on 10/16/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
629
REPORT AND RECOMMENDATION: Magistrate Judge Bryant RECOMMENDS that defendants' MOTION to Dismiss 571 and MOTION for Summary Judgment 585 based upon lack of standing should be DENIED. Signed by Magistrate Judge John S. Bryant on 10/15/12. (xc:Pro se parties by email notification.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified Text on 10/15/2012 (dt).
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Filing
627
REPORT AND RECOMMENDATION: For the reasons stated below, the undersigned Magistrate Judge recommends that defendants' motion for partial summary judgment 536 be denied. Signed by Magistrate Judge John S. Bryant on 10/11/12. (xc:Pro se parties by email notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
615
ORDER: Plaintiffs and defendants Weber and Chauveau have recently filed several motions seeking extensions of certain pretrial deadlines 581 , 605 , 610 and 614 . As explained below, these motions are GRANTED to the extent providedin this order, but otherwise are DENIED. The deadline for filing a response to any dispositive motion is EXTENDED to and including 8/30/2012. Defendants' Emergency Renewed Motion To StayProceedings 589 is DENIED. Signed by Magistrate Judge John S. Bryant on 8/6/12. (SEE ORDER FOR OTHER DETAILS) (xc:Pro se party by regular and certified mail.)(dt)
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Filing
608
ORDER: Accordingly, the Court rules as follows: (1) Plaintiffs' Motion to Amend Complaint to Accord With the Pleadings 594 is hereby GRANTED, and proposed Plaintiffs' Second Amended Complaint ( 594 -1) shall be filed as of record in this case; and (2) The "Renewed Motion to Dismiss the Case Based Upon Fraud on the Court and Response to Plaintiff's Motion to Amend First Amended Complaint" filed by Defendants Bernd H. Weber and Claude J. Chauveau 600 is hereby DENIED. This case is hereby returned to Magistrate Judge Bryant for further pretrial case management. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 7/26/12. (xc:Pro se party by email notification) (tmw)
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Filing
579
MEMORANDUM AND ORDER: For the reasons stated in this memorandum, the Magistrate Judge finds that plaintiffs' motion to compel should be granted, and that their motion for sanctions should be denied without prejudice 552 . Accordingly, plaintiff s' motion to compel is GRANTED. Defendant Weber is ORDERED to appear to give a discovery deposition on June 21, 2012, commencing at 9:30 a.m. This deposition will be taken in Courtroom 776, U. S. Courthouse, 801 Broadway, Nashville, TN. Defendan t Chauveau is ORDERED to appear for his discovery deposition on June 22, 2012, commencing at 9:30 a.m., also in the above-referenced courtroom. To the extent that plaintiffs seek the imposition of sanctions for failure to participate in discovery, th eir motion is DENIED without prejudice to filing a further motion for sanctions if defendants, or either of them, fail to appear in accord with this order. Signed by Magistrate Judge John S. Bryant on 5/10/12.(xc:Pro se parties by email notification) (tmw) Modified text on 5/10/2012 (tmw).
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Filing
545
ORDER: Having conducted an independent review of the matter in accordance with Fed. R. Civ. P. 72, the Court agrees with the Magistrate Judge's recommendations. Accordingly, (1) The Report and Recommendation 514 and the Report and Recommendati on 518 are hereby ACCEPTED and APPROVED; (2) The Motion for Summary Judgment 471 filed by third-party defendant Elizabeth Melland is hereby GRANTED, and the third-party complaint against that Defendant is hereby DISMISSED WITH PREJUDICE; (3) The "Motion For Equitable Relief" 509 and "Amended Motion For Equitable Relief" 513 filed by Defendants Bernd H. Weber and Claude J. Chauveau are hereby DENIED. Said denial is without prejudice to those Defendant's right to challenge Plaintiffs' Lanham Act claims at trial or by way of a properly supported motion. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 3/12/12. (xc:Pro se parties by email notification)(tmw)
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Filing
541
AGREED ORDER granting 531 Motion to Dismiss Without Prejudice Counter-Plaintiffs' Claims against Farmers State Bank of Alto Pass, Farmers State Holding Corp. and Brad Henshaw. All claims asserted by Weber and Chauveau against Farmers State Ban k of Alto Pass, Farmers State Holding Corp. and Brad Henshaw are dismissed without prejudice to the re-filing of the same pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c), subject to the conditions stated within this order. Signed by District Judge Kevin H. Sharp on 3/5/12. (dt)
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Filing
526
MEMORANDUM AND ORDER: For the reasons stated above in this memorandum, the undersigned Magistrate Judge GRANTS the motion for protective order filed by Mr. Weber and Mr. Chauveau 493 and ORDERS that they not be required to serve responses to the wr itten discovery filed as Docket Entry Nos. 493-1 through 493-9. For the reasons stated above, the undersigned Magistrate Judge DENIES Mr. de la Motte and Mr. West's motion to compel and for sanctions, identified in this record as their "motion for preclusion order" 494 . It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 2/15/12. (xc:Pro se party by email notification.)(tmw)
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Filing
514
REPORT AND RECOMMENDATION: For the reasons stated in this report, the undersigned Magistrate Judge RECOMMENDS that third-party defendant Elizabeth Melland's motion for summary judgment 471 be GRANTED and that the third-party complaint against her be DISMISSED with prejudice. Signed by Magistrate Judge John S. Bryant on 2/13/12. (xc:Pro se party by email notification.)(tmw) Modified text on 2/14/2012 (tmw).
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Filing
467
ORDER: On May 12, 2011, the Magistrate Judge issued a Report and Recommendation (Docket No. 440 ), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of la w of this court. For the reasons expressed therein, it is hereby ORDERED that the Motion to Dismiss The Counterclaim And Third-Party Complaint filed by plaintiffs Harold M. Reynolds, Shirley Medley and third-party defendant Donald M. Medley (Docket No. 363 ) is DENIED. Signed by District Judge Aleta A. Trauger on 6/3/2011. (xc:Pro se party by regular and certified mail.)(hb)
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Filing
451
ORDER: On May 12, 2011, the Magistrate Judge issued a Report and Recommendation, recommending that third-party defendant Elizabeth Melland's Motion For Summary Dismissal (Docket No. 351 ) be denied without prejudice to her right to file a simil ar motion properly supported. (Docket No. 436 ) Ms. Melland has now filed an Objection to this Report and Recommendation, which has attached to it materials supporting a renewed motion for summary judgment. (Docket No. 450 ) It is hereby ORDERED t hat Ms. Melland's objections are OVERRULED, and her original motion is DENIED WITHOUT PREJUDICE, as recommended by the Magistrate Judge. However, these new materials are REMANDED to the Magistrate Judge for consideration as a renewed motion for summary judgment. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 5/24/2011. (xc:Pro se party by regular and certified mail.)(hb)
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Filing
440
REPORT AND RECOMMENDATION: Magistrate Judge Bryant RECOMMENDS that the motion of plaintiffs and third-party defendant Donald Medley to dismiss the counterclaim for failure to state a claim upon which relief can be granted 363 should be DENIED. Signed by Magistrate Judge John S. Bryant on 5/12/11. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
408
ORDER: Case Management Conference held on 2/25/2011. From discussions with the parties at the conference, the Court ADOPTS the following scheduling order: The parties shall make initial disclosure required by Rule 26(a)(1) of the Federal Rules of Civ il Procedure by 4/15/2011. Defendants Weber and Chauveau shall respond to currently pending written discovery served by defendant Farmers State Bank by 4/30/2011. All written discovery shall be served in time for the responses to be due on or before 8/15/2011. Any motions related to discovery shall be filed on or before 8/31/2011. A follow-up case management conference by telephone is scheduled in this case for 9/13/2011 at 11:00 AM. Counsel for third-party defendant Farmers State Bank shall initiate this call. Signed by Magistrate Judge John S. Bryant on 2/25/11. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
405
ORDER: The Magistrate Judge's 398 Report and Recommendation is ACCEPTED and made the findings of facts and conclusions of law of this court. Pltfs' 255 Motion for Release and/or Reconsideration of pltfs' amended motion for entry of final default judgment is DENIED as moot. Signed by District Judge Aleta A. Trauger on 2/23/11. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
398
REPORT AND RECOMMENDATION: The Magistrate Judge recommends that pltf's 255 MOTION for Relief and/or Reconsideration of Pltfs' Amended Motion for Entry of Final Default Judgment be denied as moot. Signed by Magistrate Judge John S. Bryant on 2/3/11. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
387
ORDER: The Magistrate Judge's 355 Report and Recommendation is ACCEPTED and made the findings of fact and conclusions of law of this court. It is hereby ORDERED that the 279 Motion to Dismiss Pleadings of Plaintiff Alvion Properties, Inc. filed by the defts is DENIED. Signed by District Judge Aleta A. Trauger on 1/26/11. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
355
REPORT AND RECOMMENDATION: The Magistrate Judge recommends that defts' 279 motion to dismiss pleadings of pltf, be denied as moot. Signed by Magistrate Judge John S. Bryant on 12/23/10. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
311
ORDER: The Magistrate Judge's 293 Report and Recommendation is ACCEPTED and made the findings of fact and conclusions of law of this court. Deft's 185 Motion to Dismiss is DENIED. Signed by District Judge Aleta A. Trauger on 9/30/10. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
304
ORDER: Defts' 288 Objection to the Magistrate Judge's 284 Report and Recommendation is OVERRULED, and the 197 Motion for Judgment on Pleadings is DENIED. Signed by District Judge Aleta A. Trauger on 9/28/10. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
293
REPORT AND RECOMMENDATION: The Magistrate Judge RECOMMENDS that deft Raymonde Weber's 185 motion to dismiss be DENIED. Signed by Magistrate Judge John S. Bryant on 9/9/10. (xc:Pro se party by regular and certified mail.)(rd)
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Filing
285
ORDER denying 214 Motion to Ascertain Status. Signed by Magistrate Judge John S. Bryant on 8/25/10. (dt)
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Filing
256
ORDER: In-Court Status Conference was held on 4/9/2010. Plaintiffs Shirley Medley and Harold Reynolds, who are proceeding pro se, appeared for this conference. The defendants failed to appear, either in person or by counsel. Plaintiff Reynolds orally requested an additional extension of time to and including forty-five days within which to obtain counsel for plaintiff Alvion Properties, Inc., himself and plaintiff Medley. In the absence of any objection by defendants, this request is GRANTED. Pl aintiffs shall have an additional extension of time to and including 5/25/2010, within which to employ counsel. Plaintiffs are admonished that their failure to obtain counsel by that date will cause all claims of plaintiff Alvion Properties, Inc. to be subject to dismissal for failure to comply with local rules of this district. Signed by Magistrate Judge John S. Bryant on 4/13/10. (xc:Pro se party by regular and certified mail.)(dt)
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Filing
229
ORDER: The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motion For Summary Judgment filed by defendants Bernd H. W eber and Claude J. Chauveau (Docket No. 146 ) is DENIED. This case is REFERRED back to the Magistrate Judge under the original referral Order for further handling. Signed by District Judge Aleta A. Trauger on 3/9/10. (cc: pro se parties by reg and cert mail)(km)
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Filing
203
REPORT AND RECOMMENDATION that the 146 MOTION for Summary Judgment filed by the defendants Weber and Chauveau be denied. Signed by Magistrate Judge John S. Bryant on 2/16/10. (cc: Alvion Properties, Inc., Harold Reynolds, Shirley K. Medley and Raymonde Weber by reg and cert mail)(km)
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Filing
167
ORDER: As the objections of the plaintiffs and various defendants to recommendations made in the three pending R&Rs (Docket Nos. 151 , 152 , and 153 ) are overruled, the decisions recommended by Judge Bryant in those R&Rs are ACCEPTED, with the ex ception of Judge Bryant's recommendation as to the plaintiffs Motion for Entry of Final Default Judgment [Against the Entity Defendants] (Docket No. 110 ), which the court REJECTS. For the reasons stated therein and herein, it is hereby ORDERE D that the motions to dismiss filed by defendants Bernd Weber, Raymonde Weber and Claude J. Chauveau (Docket Nos. 34 , 64 , and 102 ) are DENIED, the plaintiffs' Motion for Entry of Final Default Judgment [Against the Entity Defendants] (Dock et No. 110) is DENIED, the plaintiffs' Motion to Sever and Enter Final Default Judgment [Against the Entity Defendants] (Docket No. 113 ) is DENIED and Bernd Webers and Chauveau's Motion to Dimiss Alvion Properties (Docket No. 129 ) is DENIED. This case is referred back to Magistrate Judge Bryant pursuant to the initial referral order. Signed by District Judge Aleta A. Trauger on 9/23/09. (km)
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Filing
153
REPORT AND RECOMMENDATION that plaintiffs' motion for entry of default judgment 110 against defendants American Gulf Finance Corp., Alvion Partners, LLC, AGF Realty Solutions, Inc. and TimeData Holdings, LLC be GRANTED as stated in plaintiffs& #039; proposed order (Docket Entry No. 110-7); that plaintiffs' counsel be ORDERED to file affidavits or other evidence in support of their claim for costs and attorneys' fees; and that plaintiffs' motion to sever be denied. Signed by Magistrate Judge John S. Bryant on 8/27/09. (km) (cc: Raymonde Weber by reg and cert mail) (km).
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Filing
151
REPORT AND RECOMMENDATION that the motions to dismiss pursuant to Rule 12filed by defendants Bernd H. Weber, Raymonde Weber and Claude Chauveau (Docket Entry Nos. 34 , 64 and 102 ) should be DENIED. Signed by Magistrate Judge John S. Bryant on 8/26/09. (km) (cc: Raymonde Weber by reg and cert mail)(km).
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