De La Torre Cueto et al v. Tolentino et al
| Karla C De La Torre Cueto, Paola W De La Torre Cueto, Eufemia Garcia Diaz, Martin Alex Dominguez, Jr., Ricardo Guerra Rodriguez, Cesar Fernando Levario Sanchez, Renberto Wislar Sanchez, Nuvia Rocio Sanchez, Luciano Sanchez Rodriguez, Juan Manuel Guerra, Christina Carrasco, Edwin Armendariz Lopez, Erica Yoena Lopez Espinoza, Erika Isabel Rodriguez, Yadira Sifuentes Rosales, Roman Flores and Toby Green |
| Maria Tolentino, Edgar Martinez and ARAS Business Group, LLC |
| 2:2022cv02079 |
| February 10, 2022 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| John T Fowlkes |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 SETTING LETTER: Status Conference set for Thursday, 5/19/2022 09:00 AM before Judge John T. Fowlkes Jr. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference 1 day 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 should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Ross Herrin at ross_herrin@tnwd.uscourts.gov for any questions. (wrh) |
| Filing 27 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Status Conference held on 3/31/2022. Both Parties present via Microsoft Teams video conferencing. Defendant has retained counsel Bill Wade; The Court Grants the Motion to Amend, an Amended Complaint has been filed, court is waiting on reply. Defense does not object extending the Restraining Order. Both Parties are in agreement that the restraining order needs to remain in place, if the Restraining Order remains then there is no need for an Injunction Hearing at this time. The Court stated that an Injunction Hearing can me set if the case changes. Parties are to submit a Proposed Scheduling Order. Case set Thursday, 05/19/2022 at 9:00 a.m. for Scheduling Conference.(Plaintiff: Mark Thomas Freeman)(Defense: Bill Wade) (Court Reporter Mark Dodson.) (wrh) |
| Filing 26 First MOTION to Amend/Correct #1 Complaint, by All Plaintiffs. (Attachments: #1 Supplement Proposed Amended Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Freeman, Mark) |
| Filing 25 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #24 Amended Complaint, filed by Roman Flores, Yadira Sifuentes Rosales, Edwin Armendariz Lopez, Ricardo Guerra Rodriguez, Toby Green, Erica Yoena Lopez Espinoza, Paola W De La Torre Cueto, Nuvia Rocio Sanchez, Erika Isabel Rodriguez, Juan Manuel Guerra, Martin Alex Dominguez, Jr., Cesar Fernando Levario Sanchez, Christina Carrasco, Luciano Sanchez Rodriguez, Eufemia Garcia Diaz, Renberto Wislar Sanchez, Karla C De La Torre Cueto has been filed. However, the following deficiency has been found: Counsel did not obtain permission from the court to amend the complaint. A motion to amend the complaint should be published with the proposed amended complaint published as an attachment to the motion. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) |
| Filing 24 AMENDED COMPLAINT against All Defendants All Defendants., filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (Freeman, Mark) |
Filing 23
CONSENT ORDER extending Temporary Restraining Order signed by Judge John T. Fowlkes, Jr. on 2/28/2022. (Fowlkes, J.)
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| Filing 22 NOTICE of Appearance by Bill Wade on behalf of Edgar Martinez (Wade, Bill) |
| Filing 21 SETTING LETTER: Status Conference set for Thursday, 3/31/2022 09:00 AM before Judge John T. Fowlkes Jr. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference 1 day 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 should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Ross Herrin at ross_herrin@tnwd.uscourts.gov for any questions. (wrh) |
| Filing 20 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Status Conference held on 2/28/2022. Both Parties present via Microsoft Teams video conferencing. counsel for Plaintiff, Mr. Thomas Freeman introduced potential Plaintiff's that will be added to the suit and who will be watching this morning's proceedings. Counsel for Defendant, Bill Wade has signed onto the case and has his clients present in his office. Mr. Freeman filed an Order to Continue the Present Injunction. The Court encouraged Parties to continue discussions & will set the case off for a Status Conference allowing time for the Parties to work through the case. Case set Thursday, 03/31/2022 at 9:00 a.m. for Status Conference. (Plaintiff: Mark Thomas Freeman)(Defense: Bill Wade) (Court Reporter Mark Dodson.) (wrh) |
| Filing 19 NOTICE of Appearance by Bill Wade on behalf of ARAS Business Group, LLC, Maria Tolentino (Wade, Bill) |
| Filing 18 SUMMONS Returned Executed by Christina Carrasco, Renberto Wislar Sanchez, Toby Green, Paola W De La Torre Cueto, Karla C De La Torre Cueto, Erica Yoena Lopez Espinoza, Roman Flores, Cesar Fernando Levario Sanchez, Eufemia Garcia Diaz, Luciano Sanchez Rodriguez, Edwin Armendariz Lopez, Erika Isabel Rodriguez, Yadira Sifuentes Rosales, Nuvia Rocio Sanchez, Martin Alex Dominguez, Jr., Juan Manuel Guerra, Ricardo Guerra Rodriguez as to ARAS Business Group, LLC. (Freeman, Mark) |
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Filing 17
ORDER granting #2 Plaintiffs' Motion for Temporary Restraining Order signed by Judge John T. Fowlkes, Jr. on 2/14/2022. (Fowlkes, J.)
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| Filing 16 SETTING LETTER: Defendant's Attorney Status & Injunction Hearing set for Monday, 2/28/2022 10:00 AM before Judge John T. Fowlkes Jr. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference 1 day 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 should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Ross Herrin at ross_herrin@tnwd.uscourts.gov for any questions. (wrh) |
| Filing 15 Exhibit List by Plaintiff's: Martin Alex Dominguez, Jr., Edwin Armendariz Lopez, Christina Carrasco, Paola W De La Torre Cueto, Karla C De La Torre Cueto, Cesar Fernando Levario Sanchez, Roman Flores, Eufemia Garcia Diaz, Toby Green, Ricardo Guerra Rodriguez, Erika Isabel Rodriguez, Juan Manuel Guerra, Nuvia Rocio Sanchez, Luciano Sanchez Rodriguez, Yadira Sifuentes Rosales, Renberto Wislar Sanchez, Erica Yoena Lopez Espinoza. (wrh) |
| Filing 14 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Evidentiary Hearing held on 2/14/2022. Counsel for Plaintiff, Mark Thomas Freeman present via Microsoft Teams video conferencing; Defendant Maria Tolentino present Pro Se via Microsoft Teams video conferencing. Defendant requested time to retain counsel. Plaintiff stated that he is concerned that a Quit-Claim-Deed would be signed & become problematic to client. TRO Heard; Plaintiff's proof/witnesses: Paola De La Torre. The Court proceeded with the TRO Hearing. Defendant did not present proof. The Court Grants the TRO & request that Mr. Freemen submit a Proposed Order to the Court, the TRO will remain in effect for 2 weeks from today with an expiration date of 02/28/2022. Case set Monday, 02/28/2022 for Attorney Status & Injunction Hearing. (Plaintiff: Mark Thomas Freeman)(Defense: Pro Se) (Court Reporter Lisa Mayo.) (wrh) |
| Filing 13 AFFIDAVIT of Service for Summons with copy of complaint, motion for temporary injunction, and notice of hearing on 2/14/22 Othniel Penn served on Maria Tolentino on 02/12/2022, filed by Paola W De La Torre Cueto., SUMMONS Returned Executed by Paola W De La Torre Cueto as to Maria Tolentino. (Freeman, Mark) |
| Filing 12 SUMMONS Returned Executed by Paola W De La Torre Cueto as to Edgar Martinez., AFFIDAVIT of Service for Summons with copy of complaint, motion for temporary injunction, and notice of hearing on 2/14/22 Othniel Penn served on Edgar Martinez on 02/12/2022, filed by Paola W De La Torre Cueto. (Freeman, Mark) |
| Filing 11 SETTING LETTER: Motion for Temporary Restraining Order and Preliminary Injunction Hearing set for Monday, 2/14/2022 10:00 AM before Judge John T. Fowlkes Jr. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference 1 day 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 should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Ross Herrin at ross_herrin@tnwd.uscourts.gov for any questions.(wrh) |
| Filing 10 Summons Issued as to ARAS Business Group, LLC, Edgar Martinez, Maria Tolentino. 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, #2 summons)(jae) |
| Filing 9 NOTICE of Summons by Mark Thomas Freeman on behalf of All Plaintiffs. (Attachments: #1 Summons Summons to Maria Tolentino, #2 Summons Summons to Edgar Martinez, #3 Summons Summons to Aras- to Registered Agent)(Freeman, Mark) |
| Filing 8 NOTICE of Appearance by Mark Thomas Freeman on behalf of All Plaintiffs (Freeman, Mark) |
| Filing 7 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 6 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 5 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 4 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint, filed by plaintiffs has been filed. For future reference, please note :Civil cover sheet contains wet signature of attorney. All documents should contain electronic signatures. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) |
| Filing 3 Judge John T. Fowlkes, Jr and Magistrate Judge Charmiane G. Claxton added. (jae) |
| Filing 2 First MOTION for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (Attachments: #1 Memorandum)(Fuson, Joseph) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATNWDC-3807859), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit News Articles, #3 Exhibit Wiring Transfers, #4 Exhibit Contract, #5 Exhibit Zillow Estimate, #6 Exhibit Release of Lien)(Fuson, Joseph) |
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