Stone Bank v. CAH Acquisition Company 11, LLC
| Stone Bank |
| CAH Acquisition Company 11, LLC |
| Sandra Burnham and Marianna Williams |
| Merchant Advance Card Investors I, L.P., GTR Source LLC, SPG Advance, LLC, Merchant Advance Funding, LLC, Gel Funding, LLC, Merchant Advance Now, LLC, Merchant Advance Express, Inc., Merchant Advance Servicing, Inc. and APP Group International, LLC |
| U.S. Bank National Association |
| 2:2019cv02040 |
| January 14, 2019 |
| US District Court for the Western District of Tennessee |
| Sheryl H Lipman |
| Diane K Vescovo |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on March 13, 2019. A more recent docket listing may be available from PACER.
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Filing 57
ORDER GRANTING RECEIVER'S EXPEDITED MOTION TO CORRECT OR ALTER THE ORDER GRANTING RECEIVER'S EXPEDITED MOTION FOR AUTHORITY TO FILE BANKRUPTCY PETITION #56 . Signed by Judge Sheryl H. Lipman on 3/13/19. (shl)
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| Filing 56 Emergency MOTION to Amend/Correct #55 Order on Motion for Miscellaneous Relief by Marianna Williams. (Hagan, Martha) |
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Filing 55
ORDER GRANTING RECEIVER'S EXPEDITED MOTION FOR AUTHORITY TO FILE BANKRUPTCY PETITION #52 . Signed by Judge Sheryl H. Lipman on 3/7/19. (shl)
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| Filing 54 RESPONSE in Support re #52 Emergency MOTION Expedited Authority to File Bankruptcy Petition proposed order submitted filed by Stone Bank. (Steen, Jonathan) |
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Filing 53
**TEXT ORDER ONLY--NO IMAGE ATTACHED** Responses to Receiver's Emergency Motion for Expedited Authority to File Bankruptcy Petition #52 should be filed by 1:00 p.m., March 7, 2019.. Signed by Judge Sheryl H. Lipman on 3/7/19. (Lipman, Sheryl)
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| Filing 52 Emergency MOTION Expedited Authority to File Bankruptcy Petition proposed order submitted by Marianna Williams. (Hagan, Martha) |
| Filing 51 Summons Issued as to APP Group International, LLC, GTR Source LLC, Gel Funding, LLC, Merchant Advance Card Investors I, L.P., Merchant Advance Express, Inc., Merchant Advance Funding, LLC, Merchant Advance Now, LLC, Merchant Advance Servicing, Inc., SPG Advance, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Gel Funding, #2 Merchant Advance Card Investors, #3 Merchant Advance Express, #4 Merchant Advance Funding, #5 Merchant Advance Now, #6 Merchant Advance Servicing, #7 APP Group International, #8 GTR Source)(jae) |
| Filing 50 Intervenor COMPLAINT Complaint in Interpleader, filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - Order Regarding Funds Held at U.S. Bank, #2 Exhibit B - SPG Advance, LLC Notice, #3 Exhibit C - SPG Advance, LLC Execution, #4 Exhibit D - GEL Funding, LLC Notice, #5 Exhibit E - GEL Funding, LLC Execution, #6 Exhibit F - Merchant Advance Execution, #7 Exhibit G - APP Group Execution, #8 Exhibit H - GTR Source Execution, #9 Summons to SPG Advance, LLC, #10 Summons to GEL Funding, LLC, #11 Summons to Merchant Advance Card Investors I, L.P., #12 Summons to Merchant Advance Express, Inc., #13 Summons to Merchant Advance Funding, Inc., #14 Summons to Merchant Advance Now, LLC, #15 Summons to Merchant Advance Servicing, Inc., #16 Summons to APP Group International, LLC, #17 Summons to GTR Source, LLC)(Lindner, Erno) |
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Filing 49
ORDER GRANTING U.S. BANK NATIONAL ASSOCIATION'S MOTION FOR RELIEF FROM ORDER #39 (shl)
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| Filing 48 STATUS REPORT Interim by Marianna Williams. (Williams, Marianna) |
| Filing 47 RESPONSE to Motion re #39 MOTION for Relief from Order re #35 Order (proposed order submitted ) (Supplelental Resposne) filed by Stone Bank. (Attachments: #1 Affidavit Declaration of Nick Roach in Support of Supplemental Response)(Steen, Jonathan) |
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Filing 46
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE ANSWER TO AMENDED COMPLAINT #43 . Signed by Judge Sheryl H. Lipman on 3/1/19. (shl)
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| Filing 45 RESPONSE to Motion re #39 MOTION for Relief from Order re #35 Order (proposed order submitted ) filed by All Defendants. (Exum, Charles) |
| Filing 44 RESPONSE in Opposition re #39 MOTION for Relief from Order re #35 Order (proposed order submitted ) and Response in Support of Motion for Relief, proposed order submitted filed by Stone Bank. (Steen, Jonathan) |
| Filing 43 MOTION for Extension of Time to File Answer proposed order submitted by CAH Acquisition Company 11, LLC. (Attachments: #1 Memorandum, #2 Certificate of Consultation)(Ivy, Jennifer) |
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Filing 42
The Parties are ORDERED to respond to the Motion for Relief from Order #39 filed by US Bank by end of day February 28, 2019. [**TEXT ORDER ONLY--NO IMAGE ATTACHED**]. Signed by Judge Sheryl H. Lipman on 2/27/19. (shl)
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Filing 41
ORDER APPOINTING RECEIVER AND GRANTING RELATED INJUNCTIVE RELIEF. Signed by Judge Sheryl H. Lipman on 2/27/19. (shl)
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| Filing 40 Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association.. (Lindner, Erno) |
| Filing 39 MOTION for Relief from Order re #35 Order (proposed order submitted ) by U.S. Bank National Association. (Attachments: #1 Exhibit A - SPG Advance, LLCRestraining Notice, #2 Exhibit B - SPG Advance, LLC Execution, #3 Exhibit C - GEL Funding, LLC Restraining Notice, #4 Exhibit D - GEL Funding, LLC Execution, #5 Exhibit E - Merchant Advance Execution, #6 Exhibit F - AAP Group International, LLC Execution, #7 Exhibit G - GTR Source LLC Execution, #8 Proposed order (also submitted to Chambers in Word))(Lindner, Erno) |
| Filing 38 NOTICE of Appearance by Erno Lindner on behalf of U.S. Bank National Association (Lindner, Erno) |
| Filing 37 NOTICE of Appearance by Nelwyn Wright Inman on behalf of U.S. Bank National Association (Inman, Nelwyn) |
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Filing 36
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO SUBMIT PROPOSED ORDER #33 . Signed by Judge Sheryl H. Lipman on 2/25/19. (shl)
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Filing 35
ORDER REGARDING DEFENDANT'S FUNDS HELD AT US BANK. Signed by Judge Sheryl H. Lipman on 2/25/19. (shl)
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| Filing 33 MOTION for Extension of Time to File proposed order submitted by All Defendants. (Attachments: #1 Memorandum, #2 Certificate of Consultation)(Exum, Charles) |
| Filing 34 Minute Entry for proceedings held before Judge Sheryl H. Lipman: Status Conference held on 2/21/2019. Jerry Spore, Lewis Cobb, & Jonathan Steen appearing for the Plaintiff. Frank Smith & Charles Exum appearing for the Defendant. Court heard from attorneys and special master, Marianna Williams. Court appoints Marianna Williams as Receiver. Order that a report be filed every 30 days by Receiver. Bond set at $250,000.00. (Court Reporter: Lisa Mayo)(3:12-5:13) (tlh) |
| Filing 32 RESPONSE to Motion re #29 Emergency MOTION for Sequestration of Funds and Production of Account Information proposed order submitted filed by All Defendants. (Exum, Charles) |
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Filing 31
ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION TO COMPEL PRODUCTION OF INFORMATION REGARDING ACCOUNTS AND FOR SEQUESTRATION OF FUNDS, REITERATING DEFENDANT'S OBLIGATIONS TO THE SPECIAL MASTER AND CLARIFYING THE COURT'S PRIOR ORDER REGARDING SPENDING #29 . Signed by Judge Sheryl H. Lipman on 2/19/19. (shl)
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| Filing 30 STATUS REPORT Preliminary by Marianna Williams. (Attachments: #1 Exhibit)(Williams, Marianna) |
| Filing 29 Emergency MOTION for Sequestration of Funds and Production of Account Information proposed order submitted by Stone Bank. (Attachments: #1 Affidavit Declaration of Nick Roach in Support of Motion, #2 Certificate of Consultation)(Steen, Jonathan) |
| Filing 28 AMENDED COMPLAINT for Appointment of Receiver, Temporary Restraining Order, and Temporary and Permanent Injunction against CAH Acquisition Company 11, LLC, filed by Stone Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Steen, Jonathan) |
| Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 29, 2019 before Judge Sheryl H. Lipman. Court Reporter Deborah J. Pearce, Alpha Reporting Corporation, Telephone number 901-523-8974. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 2/19/2019. Redaction Request due 3/7/2019. Release of Transcript Restriction set for 5/15/2019. (agj) |
| Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 29, 2019 before Judge Sheryl H. Lipman. Court Reporter Deborah J. Pearce, Alpha Reporting Corporation, Telephone number 901-523-8974. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 2/11/2019. Redaction Request due 2/26/2019. Release of Transcript Restriction set for 5/6/2019. (agj) |
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Filing 25
ORDER APPOINTING SPECIAL MASTER, GRANTING PRELIMINARY INJUNCTION, GRANTING LEAVE TO AMEND COMPLAINT AND DENYING MOTION FOR EXTENSION OF TIME AS MOOT #20 . Signed by Judge Sheryl H. Lipman on 2/1/19. (shl)
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Filing 23
ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 1/31/19. (Lipman, Sheryl)
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| Filing 22 First MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-2979271) by CAH Acquisition Company 11, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Smith, Frank) |
| Filing 21 NOTICE of Appearance by Lewis L. Cobb, Jr on behalf of All Plaintiffs (Cobb, Lewis) |
| Filing 24 Minute Entry for proceedings held before Judge Sheryl H. Lipman: Hearing on Appointment of Receiver held on 1/29/2019. Jerry Spore, Lewis Cobb, & Jonathan Steen appearing for the Plaintiff. John Burleson & Charles Exum appearing for the Defendant. Plaintiff's oral motion to amend complaint- granted. Attorney Steen to file Amended Complaint. Plaintiff proof/witnesses sworn: Nicholas K. Roach, Cross Exhibit 1, Dr. William Mays, Mayor Edward Maurice Gaines, Jr., Millie Young, Cassandra Williams, Marianna Williams. Defendant proof/witnesses sworn: Michael Howard Christensen, Exhibit 2, Paul L. Nasbaum, Exhibit 3, Cross Exhibit 4, Exhibit 5. Rebuttal proof: Craig Fitzhugh. #20 Motion denied as moot. Court will continue TRO (Injunction)- Court instructs Plaintiff counsel to draft order appointing special master / continuing injunction. Status Hearing set for Thursday, 2/21/2019 at 3:00 PM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. (Court Reporter: Debi Pearce)(2:00-6:04) (tlh) Modified on 2/21/2019 (tlh). |
| Filing 20 MOTION for Extension of Time to File Answer proposed order submitted by CAH Acquisition Company 11, LLC. (Attachments: #1 Memorandum, #2 Certificate of Consultation)(Burleson, John) |
| Filing 19 NOTICE by Stone Bank Notice of Filing Declaration of Gary Shorb (Attachments: #1 Affidavit Declaration of Gary Shorb)(Steen, Jonathan) |
| Filing 18 RESPONSE to Motion re #8 Emergency MOTION for Hearing re #1 Notice of Removal, Extension of TRO Entered by the Lauderdale County Chancery Court, and Expedited Hearing on Emergency Motion for Appointment of Receiver and Related Injunctive Relief filed by CAH Acquisition Company 11, LLC. (Burleson, John) |
| Filing 17 NOTICE by Stone Bank re #1 Notice of Removal, Notice of Filing Affidavits of Nick Roach, Maurice Gaines, Jr., and Heidi Bockholt (Attachments: #1 Affidavit Affidavit of Nick Roach, #2 Affidavit Affidavit of Maurice Gaines, Jr., #3 Affidavit Affidavit of Heidi Bockholt)(Steen, Jonathan) |
| Filing 16 NOTICE by Stone Bank re #1 Notice of Removal, Notice of Filing Affidavit of Marianna Williams (Attachments: #1 Affidavit Affidavit of Marianna Williams)(Steen, Jonathan) |
| Filing 15 RESPONSE to Motion re #8 Emergency MOTION for Hearing re #1 Notice of Removal, Extension of TRO Entered by the Lauderdale County Chancery Court, and Expedited Hearing on Emergency Motion for Appointment of Receiver and Related Injunctive Relief filed by CAH Acquisition Company 11, LLC. (Burleson, John) |
| Filing 14 NOTICE of Appearance by Charles C. Exum on behalf of All Defendants (Exum, Charles) |
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Filing 13
ORDER EXTENDING TEMPORARY RESTRAINING ORDER ISSUED BY STATE COURT. Signed by Judge Sheryl H. Lipman on 1/22/19. (Lipman, Sheryl)
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| Filing 12 SETTING LETTER: (Re: #8 ...Motion for Appointment of Receiver) Motion Hearing set for Tuesday, 1/29/2019 at 2:00 PM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. (tlh) |
| Filing 11 NOTICE OF CANCELLATION [Text Only - No Image Attached]: (re #10 Setting Letter). Hearing on Emergency Motion scheduled on 1/23/2019 is CANCELLED. (tlh) |
| Filing 10 SETTING LETTER: (Re: #8 Emergency MOTION for Hearing re #1 Notice of Removal, Extension of TRO Entered by the Lauderdale County Chancery Court, and Expedited Hearing on Emergency Motion for Appointment of Receiver and Related Injunctive Relief) Motion Hearing set for WEDNESDAY, 1/23/2019 at 8:00 AM in Courtroom 1 - Memphis before Judge Sheryl H. Lipman. (tlh) |
| Filing 9 Corporate Disclosure Statement by Stone Bank identifying Corporate Parent Stone Bancshares, Inc. for Stone Bank.. (Steen, Jonathan) |
| Filing 8 Emergency MOTION for Hearing re #1 Notice of Removal, Extension of TRO Entered by the Lauderdale County Chancery Court, and Expedited Hearing on Emergency Motion for Appointment of Receiver and Related Injunctive Relief by Stone Bank. (Steen, Jonathan) |
| Filing 7 NOTICE of Appearance by Jennifer Vallor Ivy on behalf of All Defendants (Ivy, Jennifer) |
| Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) |
| Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) |
| Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) |
| Filing 3 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Notice of Removal, filed by CAH Acquisition Company 11, LLC has been filed. The civil cover sheet has a "wet signature". Please see ECF Policies and Procedures 10.1 electronic signatures. Please refer to the #ECF User Manual and #ECF Policies and Procedures. 1/15/2019 (jld). |
| Filing 2 Judge Sheryl H. Lipman and Chief Magistrate Judge Diane K. Vescovo added. 1/15/2019 (jld). |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Chancery, case number 15859 (Filing fee $ 400 receipt number ATNWDC-2965797), filed by All Defendants. (Attachments: #1 Exhibit Exhibit A - Civil Summons, #2 Exhibit Exhibit B - Notice of Filing Notice of Removal, #3 Exhibit Exhibit C - Civil Cover Sheet, #4 Exhibit Exhibit D - State Court Filings, #5 Exhibit Exhibit E - Corporate Disclosure Statement)(Burleson, John) |
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