One Longhorn Land I, L.P. v. Presley et al
| One Longhorn Land I, L.P. |
| Presley, David Presley, Anthony Stacy, Paul Ross, FF Arabian, LLC, Palo Verde Fund, LP and Brian Presley |
| 4:2015cv00203 |
| March 23, 2015 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Collin |
| Caroline Craven |
| Amos L Mazzant |
| Securities/Commodities |
| 28 U.S.C. § 1331 Fed. Question: Securities Violation |
| Both |
Docket Report
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This docket was last retrieved on November 22, 2016. A more recent docket listing may be available from PACER.
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Filing 62
ORDER OF DISMISSAL - It is ORDERED the Stipulation of Dismissal (Dkt. No. #61 ) is accepted by the Court. The Court further ORDERS this case is DISMISSED with prejudice as to David Presley, Individually and as Trustee of the David C. Presley Revocable Trust Dated October 18, 1991, and without prejudice as to FF Arabian, LLC, Palo Verde Fund, L.P., Paul Ross, and Antony Stacy. Each partyshall bear their own costs. All relief not previously granted is DENIED.The Clerk is directed to CLOSE this civil action. Signed by Judge Amos L. Mazzant, III on 11/22/2016. (baf, )
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| Filing 61 STIPULATION of Dismissal by One Longhorn Land I, L.P.. (Norman, Brian) |
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Filing 60
ORDER - On November 2, 2016, this case was transferred to the undersigned. As a result of the transfer of cases from U. S. District Judge Glen H. Davidson to the undersigned, the following deadlines are hereby RESET, as follows: Final Pretrial Conference set for 7/21/2017 at 9:00 AM in Ctrm 208 (Sherman) before Judge Amos L. Mazzant III. Proposed Jury instructions/Form of Verdict due by 7/7/2017. Joint Final Pretrial Order due by 6/21/2017. The Court would note that the initial Scheduling Order (Dkt. #49 ) indicated that if the parties filed amended pleadings prior to their deadline, it was not necessary to file a motion for leave to amend. The undersigned does, however, require a motion for leave to amend, even prior to the amended pleadings deadline. Signed by Magistrate Judge Caroline Craven on 11/3/2016. (baf, )
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Filing 59
ORDER TRANSFERRING AND REASSIGNING CASE - The undersigned United States District Judge does hereby transfer and reassign the case sub judice for all further proceedings to United States District Judge Amos Mazzant of the United States District Court for the Eastern District of Texas. Signed by Judge Glen H Davidson on 11/2/2016. (baf, )
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| Case REASSIGNED to Judge Amos L. Mazzant, III. Judge Glen H Davidson no longer assigned to the case. (baf, ) |
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Filing 58
ORDER - DENYING WITHOUT PREJUDICE #45 Motion for Default Judgment. Signed by Judge Glen H Davidson on 9/12/2016. (baf, )
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Filing 57
AMENDMENT TO SCHEDULING ORDER: Before the Court is the Agreed Motion to Modify Scheduling Order (the Motion). Having considered the Motion and the pleadings on file in this case, the Court is of the opinion that the motion (Docket Entry # 56) should be GRANTED. IT IS HEREBY ORDERED that the Scheduling Order in the above-captioned matter is revised as follows: 1) All discovery shall be completed no later than Friday, January 20, 2017. 2) All motions to dismiss, motions for summary judgment, or other dispositive motions shall be filed on or before Friday, February 10, 2017. 3) Plaintiff shall disclose expert testimony on or before Thursday, November 10, 2016. 4) Defendants shall disclose expert testimony on or before Thursday, December 1, 2016. Signed by Magistrate Judge Caroline Craven on 8/15/2016. (kls, )
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| Filing 56 Agreed MOTION to Amend/Correct #49 Scheduling Order,,, #52 Order, Terminate Motions, Set Scheduling Order Deadlines,,, by One Longhorn Land I, L.P.. (Attachments: #1 Text of Proposed Order Amendment to Scheduling Order)(Norman, Brian) (Attachment 1 replaced on 8/11/2016) (baf, ). |
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Filing 55
AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Caroline Craven on 8/5/2016. (pad, )
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| Filing 54 Joint MOTION for Protective Order by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) |
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Filing 53
ORDER CONCERNING HEARING ON MOTION FOR DEFAULT JUDGMENT - The Court has reviewed the second amended complaint #31 , as well as the motion for default judgment #45 and accompanying exhibits and documentation. A hearing will be necessary to determine the amount of any appropriate judgment against the Defendants FF Arabian, LLC; Palo Verde Fund, L.P.; Paul Ross; and Anthony Stacy. The Court is of the opinion that this may be accomplished by video conferencing given the distance from Plaintiff's residency and the court facility in Sherman, Texas and the undersigned's courthouse in Aberdeen, Mississippi. Court personnel in both the Northern District of Mississippi and Eastern District of Texas will confer with Plaintiff relative to a convenient time and date for an appropriate video conference. Signed on 8/1/2016 by Senior US. District Judge Glen H. Davidson (baf, )
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Filing 52
AGREED AMENDED SCHEDULING ORDER - GRANTING #51 Agreed MOTION to Modify Scheduling Order filed by David Presley. Discovery shall be completed no late than 9/30/2016. Expert Witness List due by 8/12/2016 for Plaintiff and by 9/9/201 for Defendants. All Motions to Dismiss, Motions for Summary Judgment, or other dispositive motions shall be filed on or before 10/14/2016.. Signed by Magistrate Judge Caroline Craven on 6/3/2016. (baf, )
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| Filing 51 Agreed MOTION to Modify Scheduling Order by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) |
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Filing 50
GENERAL ORDER TRANSFERRING SHERMAN DIVISION CIVIL CASES. Case reassigned to Judge Glen H Davidson for all further proceedings.. Signed by Judge Ron Clark on 1/27/2016. (pad, )
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Filing 49
SCHEDULING ORDER: Docket Call and Final Pretrial Conference set for 7/26/2017 at 9:00 AM in Ctrm 105 (Plano) before Judge Ron Clark. Amended Pleadings due by 5/24/2016 for Plaintiff and by 6/7/2016 for Defendant. Discovery due by 9/1/2016. Expert Witness List due by 5/10/2016 for Plaintiff and by 6/7/2016 for Defendant. Joinder of Parties due by 4/12/2016. Proposed Jury instructions/Form of Verdict due by 7/12/2017. Jury Selection and Jury Trial set for 7/31/2017 at 9:00 AM in Ctrm 105 (Plano) before Judge Ron Clark. Mediation Completion due by 5/1/2017. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 6/7/2016. Joint Final Pretrial Order due by 7/5/2017. Signed by Magistrate Judge Caroline Craven on 1/8/2016. (baf, )
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| Filing 48 Unopposed MOTION Motion for Entry of Scheduling Order by One Longhorn Land I, L.P.. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order, #2 Exhibit Agreed Scheduling Order)(Norman, Brian) (Attachment 2 replaced on 1/8/2016) (baf, ). |
| Filing 47 Clerk's ENTRY OF DEFAULT as to FF Arabian, LLC, Palo Verde Fund, LP, Paul Ross, Anthony Stacy. (cm, ) |
| Filing 46 Request by One Longhorn Land I, L.P. for Clerk's Entry of Default against FF Arabian, LLC, Palo Verde Fund, LP, Paul Ross, Anthony Stacy. (Attachments: #1 Affidavit Affidavit of Jason Goldsmith in Support, #2 Exhibit Proposed Clerk's Entry of Default)(Norman, Brian) |
| Filing 45 MOTION for Default Judgment as to Defendant FF Arabian, LLC, Defendant Palo Verde Fund, L.P., Defendant Paul Ross, and Defendant Anthony Stacy by One Longhorn Land I, L.P.. Responses due by 1/4/2016 (Attachments: #1 Affidavit Affidavit of Jason Goldsmith in Support of Plaintiff's Motion, #2 Text of Proposed Order Proposed Order Granting Plaintiff's Motion)(Norman, Brian) |
| Filing 44 David Presley's Original ANSWER to #31 Amended Complaint by David Presley.(Anderson, Lesley) |
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Filing 43
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE - DENYING #26 Motion to Dismiss filed by David Presley, #38 Report and Recommendations.. Signed by Judge Ron Clark on 11/23/2015. (baf, )
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| Filing 42 RESPONSE to #41 Objection to Report and Recommendations filed by One Longhorn Land I, L.P.. (Norman, Brian) |
| Filing 41 OBJECTION to #38 Report and Recommendations by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) |
| ***FILED IN ERROR. Document # 40, Objections to Report and Recommendation. Please refile under the event "Objections to Report and Recommendation". Correction should be made in one business day. PLEASE IGNORE.*** (pad, ) |
| Filing 40 ***WRONG EVENT USED. ATTORNEY MUST REFILE*** RESPONSE to #38 Report and Recommendations, filed by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) Modified on 10/2/2015 (pad, ). |
| ***FILED IN ERROR. Document # 39, Objections to Report and Recommendation. submitted by David Presley. The document was incorrectly filed under the event "Appeal to District Court Judge" instead of "Objections to Report and Recommendation". Please refile under the correct event. Correction should be made in one business day. PLEASE IGNORE.*** (pad, ) |
| Filing 39 ***WRONG EVENT USED. ATTORNEY MUST REFILE*** APPEAL OF MAGISTRATE JUDGE DECISION to District Court by David Presley re #38 Report and Recommendations, (Attachments: #1 Text of Proposed Order Order Sustaining Objections)(Anderson, Lesley) Modified on 10/1/2015 (pad, ). |
| Filing 38 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re #26 MOTION to Dismiss For Failure to State a Claim filed by David Presley. Within fourteen (14) days after receipt of the magistrate judges report, any party may serve and file written objections to the findings and recommendations of the magistrate judge. 28U.S.C.A. 636(b)(1)(C). Signed by Magistrate Judge Caroline Craven on 9/15/15. (cm, ) |
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Filing 37
ORDER denying #30 Motion for Leave to Amend. Signed by Magistrate Judge Caroline Craven on 9/15/15. (cm, ) Modified on 9/16/2015 (cm, ).
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| Filing 36 SUMMONS Returned Executed by One Longhorn Land I, L.P.. Palo Verde Fund, LP served on 9/11/2015, answer due 10/2/2015. (baf, ) |
| NOTICE re #10 Order, Set Hearings. Scheduling Conference previously set for 09/24/15 at 10:00 before U. S. Magistrate Judge Caroline M. Craven is cancelled. Matter will be reset upon appearance of all parties. (lfs, ) |
| Filing 35 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order Agreed Scheduling Order)(Norman, Brian) |
| Filing 34 REPLY to Response to Motion re #30 MOTION for Leave to File Second Amended Complaint filed by One Longhorn Land I, L.P.. (Norman, Brian) |
| NOTICE of Deficiency regarding the REPLY TO RESPONSE TO MOTION submitted DOCUMENT #33 - DOCUMENT EXCEEDS THE PAGE LIMIT. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 33 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***REPLY to Response to Motion re #30 MOTION for Leave to File Second Amended Complaint filed by One Longhorn Land I, L.P.. (Norman, Brian) Modified on 9/8/2015 (baf, ). |
| Filing 32 RESPONSE to Motion re #30 MOTION for Leave to File Second Amended Complaint filed by David Presley. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Text of Proposed Order)(Anderson, Lesley) |
| Filing 31 AMENDED COMPLAINT against All Defendants, filed by One Longhorn Land I, L.P..(Norman, Brian) |
| Filing 30 MOTION for Leave to File Second Amended Complaint by One Longhorn Land I, L.P.. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Proposed Order, #3 Exhibit Stay Relief Order)(Norman, Brian) (Attachment 2 replaced on 8/14/2015) (baf, ). |
| Filing 29 REPLY to Response to Motion re #26 MOTION to Dismiss For Failure to State a Claim filed by David Presley. (Attachments: #1 Exhibit "A")(Anderson, Lesley) |
| Filing 28 Return of Service Executed as to FF Arabian, LLC on 6/1/2015, answer due: 6/22/2015. (cm, ) |
| Filing 27 RESPONSE in Opposition re #26 MOTION to Dismiss For Failure to State a Claim filed by One Longhorn Land I, L.P.. (Attachments: #1 Text of Proposed Order Proposed Order)(Norman, Brian) |
| Filing 26 MOTION to Dismiss For Failure to State a Claim by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) |
| Filing 25 Return of Service Executed as to Anthony Stacy on 3/25/2015, answer due: 4/15/2015. (cm, ) |
| Filing 24 Return of Service Executed as to Paul Ross on 5/26/2015, answer due: 6/16/2015. (cm, ) |
| Filing 23 Return of Service Executed as to David Presley on 4/1/2015, answer due: 4/22/2015. (cm, ) |
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Filing 22
ORDER - WITHDRAWING #7 Motion for More Definite Statement ; GRANTING #21 Motion to Withdraw. Signed by Magistrate Judge Caroline Craven on 6/2/2015. (baf, )
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| Filing 21 MOTION to Withdraw #7 MOTION More Definite Statement by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) |
| NOTICE of Deficiency regarding the MOTION TO WITHDRAW submitted DOCUMENT #20 - NO CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 20 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*** MOTION to Withdraw #7 MOTION More Definite Statement by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) Modified on 6/1/2015 (baf, ). |
| Filing 19 ***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY***NOTICE by One Longhorn Land I, L.P. Return of Service upon Paul Ross (Norman, Brian) Modified on 5/28/2015 (baf, ). |
| Filing 18 ***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY***NOTICE by One Longhorn Land I, L.P. Return of Service upon Anthony Stacy (Norman, Brian) Modified on 5/28/2015 (baf, ). |
| Filing 17 ***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY***NOTICE by One Longhorn Land I, L.P. Return of Service upon David Presley (Norman, Brian) Modified on 5/28/2015 (baf, ). |
| ***FILED IN ERROR BY ATTORNEY - RETURNS OF SERVICE MUST BE SENT TO THE CLERK FOR FILING. Document # 18, NOTICE. PLEASE IGNORE.*** (baf, ) |
| ***FILED IN ERROR BY ATTORNEY - RETURNS OF SERVICE MUST BE RETURNED TO THE CLERK FOR FILING. Document # 17, NOTICE. PLEASE IGNORE.*** (baf, ) |
| ***FILED IN ERROR BY ATTORNEY - RETURNS OF SERVICE MUST BE SENT TO THE CLERK FOR FILING. Document # 19, NOTICE. PLEASE IGNORE.*** (baf, ) |
| Filing 16 SUMMONS REISSUED as to Palo Verde Fund, LP. (baf, ) |
| Filing 15 SUMMONS REISSUED as to FF Arabian, LLC. (baf, ) |
| Filing 14 SUMMONS Issued as to Palo Verde Fund, LP. (baf, ) |
| Filing 13 SUMMONS Issued as to FF Arabian, LLC. (baf, ) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by One Longhorn Land I, L.P..(Norman, Brian) |
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Filing 11
ORDER GRANTING #9 Motion to Continue Initial Pretrial Deadlines. Signed by Magistrate Judge Caroline Craven on 5/14/2015. (baf, )
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Filing 10
AMENDED ORDER GOVERNING PROCEEDINGS - Rule 16 Management Conference set for 9/24/2015 at 10:00 AM before Magistrate Judge Caroline Craven. Signed by Magistrate Judge Caroline Craven on 5/14/2015. (baf, )
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| Filing 9 Joint MOTION to Continue Initial Pretrial Deadlines Filed by Plaintiff and by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) (Additional attachment(s) added on 5/13/2015: #2 Text of Proposed Order) (baf, ). |
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Filing 8
ORDER,GOVERNING PROCEEDINGS - Rule 16 Management Conference set for 7/13/2015 at 10:00 AM via TELECONFERENCE before Magistrate Judge Caroline Craven. Signed by Magistrate Judge Caroline Craven on 4/23/2015. (baf, )
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| Filing 7 ***MOTION WITHDRAWN PURSUANT TO ORDER #22 *** MOTION More Definite Statement by David Presley. (Attachments: #1 Text of Proposed Order)(Anderson, Lesley) Modified on 6/2/2015 (baf, ). |
| Filing 6 SUMMONS Issued as to David Presley. (cm, ) |
| Filing 5 SUMMONS Issued as to Anthony Stacy. (cm, ) |
| Filing 4 SUMMONS Issued as to Paul Ross. (cm, ) |
| Filing 3 Additional Attachments to Main Document: #1 Complaint.. (Norman, Brian) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by One Longhorn Land I, L.P. (Norman, Brian) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-5113130.), filed by One Longhorn Land I, L.P..(Norman, Brian) (Additional attachment(s) added on 3/24/2015: #1 Civil Cover Sheet) (baf, ). |
| Case ASSIGNED to Judge Ron Clark and REFERRED to Magistrate Judge Caroline Craven. (baf, ) |
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