Advance Business Capital, LLC v. Postal Fleet Services, Inc. et al
| Advance Business Capital, LLC doing business as Triumph Business Capital |
| The Stageline Company and Postal Fleet Services, Inc. |
| Clerk W. Aaron Hall |
| 2:2020cv02859 |
| November 24, 2020 |
| US District Court for the Western District of Tennessee |
| Mark S Norris |
| Tu M Pham |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 40 ANSWER to #25 Amended Complaint,, by Postal Fleet Services, Inc., The Stageline Company.(Bragorgos, Nicholas) |
Filing 39
ORDER DENYING #28 PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Mark S. Norris on 12/23/2020. (Norris, Mark)
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| Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/16/20 before Judge Mark Norris. Court Reporter Candace Covey, Telephone number 901-495-1216. 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 12/23/2020. Redaction Request due 1/8/2021. Release of Transcript Restriction set for 3/18/2021. (Covey, Candace) |
| Filing 37 Exhibit and Witness List from the Preliminary Injunction Hearing held on 12/14/2020 & 12/16/2020. (zsf) |
| Filing 36 MINUTES: Preliminary Injunction Hearing held via Skype Video on 12/16/2020 before Judge Mark S. Norris. Attys Charles S. Higgins, David J. Harris & William D. Irvine appeared for the plaintiff; Atty Nicholas Bragorgos appeared for the defendants. Continued with Plaintiff's proof/sworn witnesses: George Thorson (cross examination): Defendant's Exh. 22; Craig Gregory: Coll. Exh. 23, 24-25. Plaintiff rests. Defense proof/sworn witnesses: Bridget Rice. Defense rests. No rebuttal proof. Closing arguments given by counsel. Matter taken under advisement. Order to be entered. (Court Reporter: Candace Covey)(zsf) |
| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 14, 2020 before Judge Mark S. Norris. Court Reporter Lisa Mayo, Telephone number (901) 495-1537. 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 12/21/2020. Redaction Request due 1/5/2021. Release of Transcript Restriction set for 3/15/2021. (Mayo, Lisa) |
| Filing 34 SETTING LETTER: Preliminary Injunction Hearing set for Wednesday, 12/16/2020 at 10:00 AM before Judge Mark S. Norris. The proceeding will be done via Skype for Business video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties shall consult the #Skype for Business webpage for instructions on downloading the proper extensions for their computer. (zsf) |
| Filing 33 MINUTES: Preliminary Injunction Hearing held via Skype Video on 12/14/2020 before Judge Mark S. Norris. Attys Charles S. Higgins, David J. Harris & William D. Irvine appeared for the plaintiff; Atty Nicholas Bragorgos appeared for the defendants. Opening statements given by counsel. Plaintiffs proof/sworn witnesses: George Thorson: Exhs. 1 (ID ONLY), 2-21. Preliminary Injunction Hearing to resume on Wednesday, 12/16/2020 at 10:00 AM via Skype Video before Judge Mark S. Norris. (Court Reporter: Lisa Mayo) (zsf) |
| Filing 32 RESPONSE in Opposition re #28 MOTION for Preliminary Injunction Brief in Support of Preliminary Injunction (proposed order submitted) filed by All Defendants. (Attachments: #1 Exhibit 1-Supplemental Declaration of Craig Gregory, #2 Exhibit 2-Factoring and Security Agreement dated 3/23/20, #3 Exhibit 3-Factoring and Security Agreement dated 6/1/18, #4 Exhibit 4-Letter from U.S. Postal Service dated 10/22/20, #5 Exhibit 5-Declaration of Bridget M. Rice, #6 Exhibit 6-Complaint)(Bragorgos, Nicholas) |
| Filing 31 AFFIDAVIT of Service for Summons The Stageline Company served on The Stageline Company on 12/9/2020, filed by Advance Business Capital, LLC. (Irvine, William) |
| Filing 30 AFFIDAVIT of Service for Summons Postal Fleet Services, Inc. served on Postal Fleet Services, Inc. on 12/9/2020, filed by Advance Business Capital, LLC. (Irvine, William) |
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Filing 29
ORDER REGARDING BROADCASTING, TELEVISING, RECORDING, OR PHOTOGRAPHING COURTROOM PROCEEDINGS. Signed by Judge Mark S. Norris on 12/11/2020. (Norris, Mark)
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| Filing 28 MOTION for Preliminary Injunction Brief in Support of Preliminary Injunction (proposed order submitted) by Advance Business Capital, LLC. (Higgins, Charles) |
| Filing 27 MINUTES: Telephonic Status Conference held on 12/09/2020 before Judge Mark S. Norris. Attys Charles S. Higgins, David J. Harris & William D. Irvine participated on behalf of the plaintiff; Atty Nicholas Bragorgos participated on behalf of the defendants. Parties updated the court on status of the case & their positions regarding the current setting of the Preliminary Injunction Hearing in this matter as stated on the record in open court. The Preliminary Injunction Hearing set for Monday, 12/14/2020 at 02:00 PM will proceed as scheduled. Plaintiff's motion for leave to seek limited expedited discovery #16 - held in abeyance as stated on the record in open court. (Court Reporter: Lisa Mayo) (zsf) |
| Filing 26 SETTING LETTER: Telephonic Status Conference set for Wednesday, 12/09/2020 at 09:30 AM before Judge Mark S. Norris. (zsf) |
| Filing 25 AMENDED COMPLAINT against Postal Fleet Services, Inc., The Stageline Company, filed by Advance Business Capital, LLC. (Attachments: #1 Exhibit 1 - PFS Factoring Agreement, #2 Exhibit 2 - PFS UCC-1, #3 Exhibit 3 - Stageline Factoring Agreement, #4 Exhibit 4 - Stageline UCC-1, #5 Exhibit 5 - Accounts Receivable Purchase Agreement, #6 Exhibit 6 - PFS UCC-3, #7 Exhibit 7 - Stageline UCC-3, #8 Exhibit 8 - Updated and Revised Notice of Assignment, #9 Exhibit 9 - USPS Demand Letter, #10 Exhibit 10 - NSF Check, #11 Exhibit 11 - NSF Check 2)(Higgins, Charles) |
| Filing 24 Notice of Correction to #16 MOTION to Expedite Discovery Prior to Preliminary Injunction Hearing (proposed order submitted) Certificate of Consultation. (Higgins, Charles) |
| Filing 23 NOTICE by Advance Business Capital, LLC re #19 Reply to Response to Motion - Response to Defendants' "Consent to Extension of TRO" (Higgins, Charles) |
| Filing 22 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #20 Notice of Summons filed by Advance Business Capital, LLC, #21 Notice of Summons filed by Advance Business Capital, LLC has been filed. However, the following deficiency has been found: Documents filed are subpoenas; Subpoenas do not get filed on the docket. These 2 documents will be placed under seal to avoid being viewed by the public. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (btg) |
| Filing 21 NOTICE of Summons by William David Irvine on behalf of All Plaintiffs. (Irvine, William) |
| Filing 20 NOTICE of Summons by William David Irvine on behalf of All Plaintiffs. (Irvine, William) |
| Filing 19 REPLY to Response to Motion re #8 Response in Opposition to Motion, filed by All Defendants. (Bragorgos, Nicholas) |
| Filing 18 SETTING LETTER: Preliminary Injunction Hearing set for Monday, 12/14/2020 at 02:00 PM before Judge Mark S. Norris. The proceeding will be done via Skype for Business video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties shall consult the #Skype for Business webpage for instructions on downloading the proper extensions for their computer. (zsf) |
| Filing 17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 30, 2020 before Judge Mark S. Norris. Court Reporter Lisa Mayo, Telephone number (901) 495-1537. 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 12/9/2020. Redaction Request due 12/28/2020. Release of Transcript Restriction set for 3/4/2021. (Mayo, Lisa) |
| Filing 16 MOTION to Expedite Discovery Prior to Preliminary Injunction Hearing (proposed order submitted) by Advance Business Capital, LLC. (Attachments: #1 Exhibit A - Proposed Subpoenas and 30(b)(6) Notices, #2 Exhibit B - Proposed Requests for Production of Documents)(Higgins, Charles) |
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Filing 15
ORDER SETTING BRIEFING SCHEDULE AND SETTING PRELIMINARY INJUNCTION HEARING. Signed by Judge Mark S. Norris on 12/02/2020. (Norris, Mark)
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| Filing 14 Summons Issued as to All Defendants. 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 Summons)(btg) |
| Filing 13 NOTICE of Summons by William David Irvine on behalf of All Plaintiffs. (Irvine, William) |
| Filing 12 NOTICE of Summons by William David Irvine on behalf of All Plaintiffs. (Irvine, William) |
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Filing 11
ORDER GRANTING #6 PLAINTIFF'S EMERGENCY APPLICATION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Mark S. Norris on 12/1/2020. (Norris, Mark)
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| Filing 10 MINUTES: Motion Hearing re #6 Emergency Application for Temporary Restraining Order held via Skype Video on 11/30/2020 before Judge Mark S. Norris. Attys Charles S. Higgins, David J. Harris & William D. Irvine appeared for the plaintiffs; Atty Nicholas Bragorgos appeared for the defendants. Oral arguments given by counsel. Matter taken under advisement. Order to be entered. (Court Reporter: Lisa Mayo) (zsf) |
| Filing 9 MEMORANDUM in Support re #6 Emergency MOTION for Temporary Restraining Order Brief in Support of Plaintiff's Emergency Application for Temporary Restraining Order filed by Advance Business Capital, LLC. (Higgins, Charles) |
| Filing 8 RESPONSE in Opposition re #6 Emergency MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: #1 Exhibit 1-Factoring and Security Agreement dated 6/1/18, #2 Exhibit 2-Factoring and Security Agreement dated 3/23/20, #3 Exhibit 3-Declaration of Craig Gregory (Part 1), #4 Exhibit 3-Declaration of Craig Gregory (Part 2), #5 Exhibit 4-Letter from USPS dated 10/22/20, #6 Exhibit 5-Declaration of Bridget M. Rice)(Bragorgos, Nicholas) |
| Filing 7 SETTING LETTER: Motion Hearing in Re: #6 set for Monday, 11/30/2020 at 2:30 PM before Judge Mark S. Norris. The proceeding will be done via Skype for Business video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties shall consult the #Skype for Business webpage for instructions on downloading the proper extensions for their computer. |
| Filing 6 Emergency MOTION for Temporary Restraining Order by Advance Business Capital, LLC. (Attachments: #1 Affidavit)(Higgins, Charles) |
| Filing 5 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 (jae) |
| Filing 4 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 (jae) |
| Filing 3 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 (jae) |
| Filing 2 Judge Mark S. Norris and Chief Magistrate Judge Tu M. Pham added. (jae) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Shelby County Chancery Court, case number CH-20-1475 (Filing fee $ 400 receipt number ATNWDC-3490978), filed by All Defendants. (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit State Court Pleadings, #3 Exhibit State Court Pleadings, #4 Exhibit State Court Pleadings, #5 Civil Cover Sheet)(Bragorgos, Nicholas) |
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