Diamond Coach Leasing, LLC et al v. Ward
| Fasthorse, LLC, Diamond Coach Interiors, LLC, Kystory, LLC, Truestory, LLC, Diamond Coach Leasing, LLC, Mystory, LLC, Oldstory, LLC, Clayton C. Capital, LLC and Kylee Ervin |
| Justin Ward, Ally Construction Brands, Inc. and ACBI, LLC |
| 3:2020cv00542 |
| June 25, 2020 |
| US District Court for the Middle District of Tennessee |
| Jeffery S Frensley |
| Eli J Richardson |
| Other Fraud |
| 18 U.S.C. § 1030 |
| Defendant |
Docket Report
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Filing 27
ORDER: Pending before the Court is Plaintiffs' Motion for Prejudgment Attachment (Doc. No. 12). This motion is referred to the Magistrate Judge for decision or recommendation as appropriate. Signed by District Judge Eli J. Richardson on 8/21/2020. (am)
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| Filing 26 PROPOSED CASE MANAGEMENT ORDER filed by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Kylee Ervin, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC. (Dunham, Griffin) |
| TN State Bar status verified as active for R. Alex Payne. (am) |
| Filing 25 NOTICE of Appearance by R. Alex Payne on behalf of Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Kylee Ervin, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC (Payne, R.) |
| Filing 24 NOTICE of Filing by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Kylee Ervin, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC re #22 Reply to Response to Motion, #12 MOTION for Prejudgment Attachment Pursuant to Federal Rule of Civil Procedure 64 and Tennessee Code Annotated 29-6-101, et seq. Against ACBI, LLC, #11 MOTION for Contempt and Sanctions Against Justin Ward, #18 Declaration,, #21 Reply to Response to Motion, #19 Response in Opposition to Motion, #20 Response in Opposition to Motion Declaration of Griffin Dunham (Attachments: #1 Exhibit A - Purported ACBI Termination Notice, #2 Exhibit B - 7/24/20 ACBI Correspondence)(Dunham, Griffin) |
| Filing 23 NOTICE of Filing by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Kylee Ervin, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC re #22 Reply to Response to Motion, #18 Declaration,, #12 MOTION for Prejudgment Attachment Pursuant to Federal Rule of Civil Procedure 64 and Tennessee Code Annotated 29-6-101, et seq. Against ACBI, LLC, #21 Reply to Response to Motion, #11 MOTION for Contempt and Sanctions Against Justin Ward, #19 Response in Opposition to Motion, #20 Response in Opposition to Motion Declaration of Steve Curnutte (Dunham, Griffin) |
| Filing 22 REPLY to Response to re #12 MOTION for Prejudgment Attachment Pursuant to Federal Rule of Civil Procedure 64 and Tennessee Code Annotated 29-6-101, et seq. Against ACBI, LLC filed by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Kylee Ervin, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC. (Dunham, Griffin) |
| NOTICE TO FILER re DE# [23, 24]: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (am) |
| Filing 21 REPLY to Response to re #11 MOTION for Contempt and Sanctions Against Justin Ward filed by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC. (Dunham, Griffin) |
| Filing 20 RESPONSE in Opposition re #12 MOTION for Prejudgment Attachment Pursuant to Federal Rule of Civil Procedure 64 and Tennessee Code Annotated 29-6-101, et seq. Against ACBI, LLC filed by ACBI, LLC. (Abelow, Michael) |
| Filing 19 RESPONSE in Opposition re #11 MOTION for Contempt and Sanctions Against Justin Ward filed by Justin Ward. (Attachments: #1 Exhibit 1 - June 24, 2020 Email from Counsel)(Abelow, Michael) |
| Filing 18 DECLARATION of Justin Ward filed by ACBI, LLC, Ally Construction Brands, Inc., Justin Ward re: #12 MOTION for Prejudgment Attachment Pursuant to Federal Rule of Civil Procedure 64 and Tennessee Code Annotated 29-6-101, et seq. Against ACBI, LLC, #11 MOTION for Contempt and Sanctions Against Justin Ward. (Attachments: #1 Exhibit 1 - Ward Annotations to Exhibit A, #2 Exhibit 2 - October 2018 ACBI Bank Statement, #3 Exhibit 3 - April 2019 ACBI Bank Statement, #4 Exhibit 4 - Ally Payments to Kylee Ervin, #5 Exhibit 5 - Ward Annotations to Exhibit B, #6 Exhibit 6 - January and March 2020 Ally Bank Statements)(Abelow, Michael) |
| Filing 17 ANSWER to #8 Amended Complaint, , COUNTERCLAIM against Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC by Justin Ward, Ally Construction Brands, Inc., ACBI, LLC. (Attachments: #1 Exhibit A - Master Motor Coach Lease Agreement, #2 Exhibit B - July 16, 2020 Letter to Diamond Coach Leasing)(Abelow, Michael) |
| Filing 16 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Ally Construction Brands, Inc.. (Lopez, Christina) |
| Filing 15 BUSINESS ENTITY DISCLOSURE STATEMENT filed by ACBI, LLC. (Lopez, Christina) |
| Filing 14 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Justin Ward. (Lopez, Christina) |
| Filing 13 Summons issued as to ACBI, LLC & Ally Construction Brands, Inc. (Service packets sent to attorney by regular mail.) (am) Modified Text on 8/3/2020 (am). |
| Filing 12 MOTION for Prejudgment Attachment Pursuant to Federal Rule of Civil Procedure 64 and Tennessee Code Annotated 29-6-101, et seq. Against ACBI, LLC by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Kylee Ervin, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC. (Attachments: #1 Exhibit A - ACBI Coaches)(Dunham, Griffin) |
| Filing 11 MOTION for Contempt and Sanctions Against Justin Ward by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC. (Attachments: #1 Exhibit A - Motion for Temporary Restraining Order, #2 Exhibit B - Issued Temporary Restraining Order, #3 Exhibit C - Affidavit of Steve Curnutte, #4 Exhibit D - Ward Bank Communication, #5 Exhibit E - Appraisal)(Dunham, Griffin) |
| Filing 10 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Kylee Ervin. (Dunham, Griffin) |
| Filing 9 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC. (Dunham, Griffin) |
| Filing 8 AMENDED COMPLAINT against Justin Ward, ACBI, LLC, Ally Construction Brands, Inc., filed by Truestory, LLC, Fasthorse, LLC, Diamond Coach Interiors, LLC, Mystory, LLC, Oldstory, LLC, Diamond Coach Leasing, LLC, Clayton C. Capital, LLC, Kystory, LLC, Kylee Ervin. (Attachments: #1 Exhibit A - Unauthorized Transfers to ACBI, LLC, #2 Exhibit B - Unauthorized Transfers to Ally Construction Brands, Inc.)(Dunham, Griffin) |
| Filing 7 AGREED ORDER. Signed by District Magistrate Judge Jeffery S. Frensley on 7/7/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 7/8/2020 (am). |
| Filing 6 Agreed Order Resolving Plaintiffs' Motion for Temporary/Preliminary Injunction by Clayton C. Capital, LLC, Diamond Coach Interiors, LLC, Diamond Coach Leasing, LLC, Fasthorse, LLC, Kystory, LLC, Mystory, LLC, Oldstory, LLC, Truestory, LLC. (Dunham, Griffin) Modified Text on 7/6/2020 (am). |
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Filing 5
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 6/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 4 NOTICE of Initial Case Management Conference set for 8/25/2020 at 09:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (mg) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| TN State Bar status verified as active for Griffin S. Dunham, L. Webb Campbell, II, Michael G. Abelow, and Christina R. Lopez. (mg) |
| Filing 1 NOTICE OF REMOVAL by Justin Ward from Davidson County Chancery Court, case number 20-570-IV. ( Filing fee $ 400 receipt number 0650-3165797) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Motion for Temporary Restraining Order and Temporary Injunction, #3 Exhibit C - Memorandum in Support of Motion for Temporary Restraining Order and Temporary Injunction, #4 Exhibit D - Notice of Filing Affidavit, #5 Exhibit E - Affidavit of Steve Curnutte, #6 Exhibit F - Temporary Restraining Order, #7 Attachment - Civil Cover Sheet)(mg) |
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