Smith v. McLoba, Inc. et al
| Alton S. Peregoy and Susan Peregoy Smith |
| McLoba Inc, U.S. Gold Firm, L.L.C., McLoba Partners Ltd, Michael L. Chester and Troy Snody |
| 1:2020cv00461 |
| November 12, 2020 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on November 2, 2021. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting pltfs' motion for dismissal with prejudice. Each party will bear their own attorneys' fees and costs. All pending motions are denied as moot. Signed by District Judge Michael J. Truncale on 11/2/21. (tkd, )
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Filing 46
ORDER OF CONSOLIDATION. Member case 1:20cv461 is consolidated into Lead Case 1:20cv275. All future filings will be made in Lead Case 1:20cv275. Signed by District Judge Michael J. Truncale on 4/28/21. (tkd, )
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Filing 45
ORDER denying #41 Motion to Stay proceedings pending resolution of motion to dismiss. Signed by District Judge Michael J. Truncale on 4/26/2021. (bjc, )
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Filing 44
ORDER granting #42 Motion to Dismiss and to restyle the case. The Court hereby dismissed the claims as to the Trustee of the Alton S Peregoy Trust, only. The clerk is instructed to restyle the case as follows: Susan Peregoy Smith, as executor for the Estate of Alton S Peregoy, deceased v. McLoba Inc. US Gold Firm, LLC, McLoba Partners, Troy Snody and Michael L Chester. Signed by District Judge Michael J. Truncale on 4/21/2021. (bjc, )
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| Filing 43 STATUS REPORT by Susan Peregoy Smith. (Stevens, Raymond) |
| Filing 42 Unopposed MOTION to Dismiss and to Restyle the Case by Susan Peregoy Smith. (Attachments: #1 Text of Proposed Order)(Stevens, Raymond) |
| Filing 41 MOTION to Stay Proceedings Pending Resolution of Motion to Dismiss by Michael L. Chester, McLoba Inc, McLoba Partners Ltd, Troy Snody, U.S. Gold Firm, L.L.C.. (Attachments: #1 Text of Proposed Order)(Portner, Chris) (Main Document 41 replaced on 4/16/2021) (jmv, ). (Attachment 1 replaced on 4/16/2021) (jmv, ). (Additional attachment(s) added on 4/19/2021: #2 Revised Proposed Order) (tkd, ). |
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Filing 40
ORDER granting #39 Motion to Substitute and restyle the case. Signed by District Judge Michael J. Truncale on 4/7/2021. (bjc, )
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| Filing 39 Unopposed MOTION to Substitute Party and Restyle the Case by Alton S. Peregoy. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order)(Stevens, Raymond) |
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Filing 38
ORDER granting #37 Motion to abate. This matter is abated until April 19, 2021, at which time plaintiff's counsel will advise the Court of the status of this matter. Signed by District Judge Michael J. Truncale on 1/21/2021. (bjc, )
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| Filing 37 Unopposed MOTION to Abate by Alton S. Peregoy. (Attachments: #1 Text of Proposed Order)(Stevens, Raymond) |
| Minute Entry for proceedings held before District Judge Michael J. Truncale: Status Conference held on 12/14/2020 via telephone. Attorneys present: Raymond Stevens, Chris Portner, Trent Bond, Scott Renick. Court will enter scheduling order. (Court Reporter None.) (jmv, ) |
| Filing 36 NOTICE by Michael L. Chester, McLoba Inc, McLoba Partners Ltd, Alton S. Peregoy, Troy Snody, U.S. Gold Firm, L.L.C. Filing Proposed Scheduling Order (Attachments: #1 Exhibit A)(Portner, Chris) |
| NOTICE of Hearing: Status Conference RESET for 12/14/2020 02:30 PM before District Judge Michael J. Truncale via telephone. (jmv, ) |
| Filing 35 REPLY to Response to Motion re #31 MOTION to Dismiss Plaintiff Alton S. Peregoy's First Amended Complaint filed by Michael L. Chester, McLoba Inc, McLoba Partners Ltd, Troy Snody, U.S. Gold Firm, L.L.C.. (Portner, Chris) |
| Filing 34 RESPONSE in Opposition re #31 MOTION to Dismiss Plaintiff Alton S. Peregoy's First Amended Complaint filed by Alton S. Peregoy. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Stevens, Raymond) |
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Filing 33
ORDER setting Status Conference for 12/11/2020 02:30 PM via telephone before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 11/13/2020. (bjc, )
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Filing 32
ORDER granting #30 Motion for Leave to File motion to dismiss in excess of 30 pages. Signed by District Judge Michael J. Truncale on 11/13/2020. (bjc, )
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| Filing 31 MOTION to Dismiss Plaintiff Alton S. Peregoy's First Amended Complaint by Michael L. Chester, McLoba Inc, McLoba Partners Ltd, Troy Snody, U.S. Gold Firm, L.L.C.. (Attachments: #1 Exhibit 1)(Portner, Chris) (Additional attachment(s) added on 11/13/2020: #2 Text of Proposed Order) (bjc, ). |
| Filing 30 MOTION for Leave to File Motion to Dismiss in Excess of Thirty Pages by Michael L. Chester, McLoba Inc, McLoba Partners Ltd, Troy Snody, U.S. Gold Firm, L.L.C.. (Attachments: #1 Text of Proposed Order)(Portner, Chris) |
| Filing 29 Case transferred in from District of Texas Southern; Case Number 2:20-cv-00163. Original file certified copy of transfer order and docket sheet received. |
| Case Assigned to District Judge Michael J. Truncale. (bjc, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (bjc, ) |
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Filing 28
ORDER TO TRANSFER CASE to Eastern District of Texas, Beaumont Division; The Court denies Defendant's Motion to Dismiss. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(vrios, 2) [Transferred from Texas Southern on 11/12/2020.]
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| Interdistrict transfer to Eastern District of Texas, Beaumont Division. Case transferred electronically. Case terminated on 11/10/20, filed. (vrios, 2) [Transferred from Texas Southern on 11/12/2020.] |
| Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. INITIAL PRETRIAL CONFERENCE held on 11/10/2020. Parties give summary of the case. A order denying the motion to dismiss was filed in the Beaumont case on 11/9/2020. Court will review the Beaumont case order. Court will likely transfer our case to the Beaumont court by written order. Court does not enter a scheduling order in this case at this time. Appearances: Scott Oren Renick, Christopher Michael Portner, Raymond Lyn Stevens.(Digital # 9:01-9:12)(ERO:G. Rogan), filed.(bcortez, 2) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 27 RESPONSE in Opposition to #26 MOTION DEFENDANTS MCLOBA, INC., MCLOBA PARTNERS, LTD. U.S. GOLD FIRM, LLC, TROY SNODY AND MICHAEL CHESTER'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, filed by Alton S Peregoy. (Attachments: #1 Appendix, #2 Exhibit, #3 Proposed Order)(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 26 MOTION DEFENDANTS MCLOBA, INC., MCLOBA PARTNERS, LTD. U.S. GOLD FIRM, LLC, TROY SNODY AND MICHAEL CHESTER'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT by Michael L. Chester, MCLOBA PARTNERS, LTD, MCLOBA, Inc., Troy Snody, U.S. Gold Firm, L.L.C., filed. Motion Docket Date 11/11/2020. (legarza, 2) [Transferred from Texas Southern on 11/12/2020.] |
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Filing 25
ORDER GRANTED IN PART AND DENIED IN PART #24 MOTION for Leave to File Motion to Dismiss in Excess of 25 Pages (Signed by Judge Nelva Gonzales Ramos) Parties notified.(legarza, 2) [Transferred from Texas Southern on 11/12/2020.]
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| Filing 24 MOTION for Leave to File Motion to Dismiss in Excess of 25 Pages by Michael L. Chester, MCLOBA PARTNERS, LTD, MCLOBA, Inc., Troy Snody, U.S. Gold Firm, L.L.C., filed. Motion Docket Date 11/24/2020. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit A (part 3), #4 Exhibit A (part 4), #5 Exhibit A (part 5), #6 Exhibit A (part 6), #7 Exhibit A (part 7), #8 Exhibit A (part 8), #9 Exhibit A (part 9), #10 Exhibit A (part 10), #11 Exhibit A (part 11), #12 Exhibit A (part 12), #13 Exhibit A (part 13), #14 Exhibit A (part 14), #15 Exhibit A (part 15), #16 Exhibit A (part 16), #17 Exhibit A (part 17), #18 Exhibit A (part 18), #19 Exhibit A (part 19), #20 Proposed Order)(Portner, Christopher) [Transferred from Texas Southern on 11/12/2020.] |
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Filing 23
ORDER striking #12 Motion to Dismiss.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(JessieHutchinson, 2) [Transferred from Texas Southern on 11/12/2020.]
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| Filing 22 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Alton S Peregoy, filed. (Attachments: #1 Proposed Agreed Scheduling Order)(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 21 NOTICE of Resetting. Parties notified. Initial Conference reset for 11/10/2020 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. Parties are to appear by telephone. Please call the Meet Me Line at 361-693-6446 ten (10) minutes prior to hearing. When prompted for the conference ID, dial 26446#. When prompted for the conference PIN, dial 13579#. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. (bcortez, 2) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 20 REPLY to Response to #12 MOTION to Dismiss Plaintiff's First Amended Complaint, filed by Michael L. Chester, MCLOBA PARTNERS, LTD, MCLOBA, Inc., Troy Snoddy, U.S. Gold Firm, L.L.C.. (Portner, Christopher) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 19 RESPONSE in Opposition to #12 MOTION to Dismiss Plaintiff's First Amended Complaint, filed by Alton S Peregoy. (Attachments: #1 Affidavit of Authenticity, #2 Appendix, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Proposed Order)(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by MCLOBA PARTNERS, LTD, U.S. Gold Firm, L.L.C., filed.(Portner, Christopher) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 17 NOTICE of Resetting. Parties notified. Initial Conference set for 11/12/2020 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. (Reset at request of parties - see D.E. 16.) (bcortez, 2) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 16 NOTICE of Pending Action in Companion Case by Alton S Peregoy, filed. (Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 15 NOTICE of Initial Disclosure by Michael L. Chester, MCLOBA PARTNERS, LTD, MCLOBA, Inc., Troy Snoddy, U.S. Gold Firm, L.L.C., filed. (Portner, Christopher) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 14 NOTICE of Compliance of Service of Plaintiff's Initial Disclosures by Alton S Peregoy, filed. (Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 13 CERTIFICATE OF INTERESTED PARTIES by Alton S Peregoy, filed.(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 12 MOTION to Dismiss Plaintiff's First Amended Complaint by Michael L. Chester, MCLOBA PARTNERS, LTD, MCLOBA, Inc., Troy Snoddy, U.S. Gold Firm, L.L.C., filed. Motion Docket Date 10/5/2020. (Attachments: #1 Affidavit of Authentcity, #2 Exhibit 1 (part 1), #3 Exhibit 1 (part 2), #4 Exhibit 1 (part 3), #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Proposed Order)(Portner, Christopher) [Transferred from Texas Southern on 11/12/2020.] |
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Filing 11
ORDER terminating as moot #7 Motion to Dismiss; terminating #8 Motion to Dismiss.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2) [Transferred from Texas Southern on 11/12/2020.]
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| Filing 10 First AMENDED COMPLAINT against All Defendants filed by Alton S Peregoy.(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by MCLOBA, Inc., filed.(Portner, Christopher) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 8 MOTION to Dismiss by Michael L. Chester, MCLOBA, Inc., Troy Snoddy, U.S. Gold Firm, L.L.C., filed. Motion Docket Date 9/14/2020. (Attachments: #1 Affidavit of Authenticity, #2 Exhibit 1 (part 1), #3 Exhibit 1 (part 2), #4 Exhibit 1 (part 3), #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Proposed Order)(Portner, Christopher) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 7 ENTERED IN ERROR - PLEASE SEE FOLLOWING ENTRY #8 FOR CORRECTED MOTION AND ATTACHMENTS MOTION to Dismiss by Michael L. Chester, MCLOBA, Inc., Troy Snoddy, U.S. Gold Firm, L.L.C., filed. Motion Docket Date 9/14/2020. (Attachments: #1 Exhibit 1 (part 1), #2 Exhibit 1 (part 2), #3 Exhibit 1 (part 3), #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14. [Transferred from Texas Southern on 11/12/2020.] |
| Filing 6 NOTICE of Resetting. Parties notified. Initial Conference set for 10/8/2020 at 09:00 AM before Judge Nelva Gonzales Ramos, filed. Joint Plan due 9/24/2020. (Reset at joint request of parties.) (bcortez, 2) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Michael L. Chester served on 7/8/2020, answer due 9/8/2020, filed.(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 4 Request for Issuance of Summons as to Troy Snoddy, WAIVER OF SERVICE Returned Executed as to Troy Snoddy served on 7/8/2020, answer due 9/8/2020, filed.(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
| Filing 3 WAIVER OF SERVICE Returned Executed as to MCLOBA, Inc. served on 7/8/2020, answer due 9/8/2020, filed.(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/10/2020 at 09:00 AM in 3rd Floor Courtroom before Judge Nelva Gonzales Ramos Parties notified.(BrittanyPainschab, 2) [Transferred from Texas Southern on 11/12/2020.]
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| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-24805372) filed by Alton S Peregoy. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Stevens, Raymond) [Transferred from Texas Southern on 11/12/2020.] |
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