Securities and Exchange Commission v. Carter et al
| Securities and Exchange Commission |
| Frisco Wade Crossing Development Partners LLC, North-Forty Development LLC, Double Droptine Ranch LLC, Christian Custom Homes LLC, Texas Cash Cow LLC, Richard Gregory Tilford, Texas First Financial LLC, North Forty Development LLC, Phillip Michael Carter, McKinney Executive Suites at Crescent Parc Development Partners LLC and Bobby Eugene Guess |
| 4:2019cv00100 |
| February 7, 2019 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Amos L Mazzant |
| Securities/Commodities |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| 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. (baf, ) |
Filing 39
ORDER GOVERNING PROCEEEDINGS. Rule 16 Management Conference set for 6/12/2019 at 1:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Rule 26 Meeting Joint Report due by 5/4/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/2/2019. (baf, )
|
| Filing 38 ANSWER to #1 Complaint,,,, by Phillip Michael Carter.(Leonard, Ernest) |
|
Filing 37
ORDER MODIFYING, ORDER FREEZING SSETS, REQUIRING SWORN ACCOUNTING, AND PRESERVING DOCUMENTS. Upon consideration, IT IS HEREBY ORDERED that the Order is modified to permit Phillip Carter to withdraw the remaining amounts in the three accounts described above as a "carve-out" allowance for living expenses. IT IS FURTHER ORDERED that the all other provisions of the Order (Dkt. #32 ) remain in full force and effect. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/29/2019. (baf, )
|
| NOTICE CANCELLING HEARING set by Order #32 . (ttm, ) |
| Filing 36 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Texas Cash Cow LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Bobby Eugene Guess waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Texas First Financial LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. North Forty Development LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
|
Filing 32
ORDER FREEZING ASSETS, REQUIRING SWORN ACCOUNTING, AND PRESERVING DOCUMENTS. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/12/2019. (rpc, )
|
|
Filing 31
ORDER - DENYING #27 Motion to Continue. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/5/2019. (baf, )
|
| Filing 30 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Motion Hearing held on 3/4/2019 re #27 MOTION to Continue Hearing on Plaintiff's Emergency Motion for Asset Freeze and Other Relief filed by Phillip Michael Carter, #3 filed by Securities and Exchange Commission. (Court Reporter Digital Recording - Plano 108.) (ttm, ) |
| Filing 29 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Richard Gregory Tilford waiver sent on 1/31/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 28 RESPONSE in Opposition re #27 MOTION to Continue Hearing on Plaintiff's Emergency Motion for Asset Freeze and Other Relief Plaintiff's Response In Opposition to Phillip Carter's Motion to Continue Hearing filed by Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Gulde, Matthew) |
| Filing 27 MOTION to Continue Hearing on Plaintiff's Emergency Motion for Asset Freeze and Other Relief by Phillip Michael Carter. (Leonard, Ernest) (Additional attachment(s) added on 3/4/2019: #1 Text of Proposed Order) (baf, ). |
| Filing 26 NOTICE of Attorney Appearance by Ernest Walter Leonard on behalf of Phillip Michael Carter (Leonard, Ernest) |
| NOTICE ***RESETTING*** Hearing on Motion #3 : Motion Hearing ***RESET*** to Monday, 3/4/2019 01:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. (ttm, ) |
| NOTICE ***CHANGING TIME ONLY*** for Hearing on Motion #3 : Motion Hearing set Wednesday, 2/27/2019 ***TIME IS CHANGED TO 01:30 PM*** in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. (ttm, ) |
| Filing 25 SUGGESTION OF BANKRUPTCY Upon the Record by Christian Custom Homes LLC, Double Droptine Ranch LLC, Frisco Wade Crossing Development Partners LLC, McKinney Executive Suites at Crescent Parc Development Partners LLC, North-Forty Development LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Wielebinski, Joseph) |
| NOTICE ***RESETTING*** Hearing on Motion #3 : Motion Hearing ***RESET*** to Wednesday, 2/27/2019 10:30 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. (ttm, ) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. (Gulde, Matthew) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Phillip Michael Carter waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. North-Forty Development LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. McKinney Executive Suites at Crescent Parc Development Partners LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Frisco Wade Crossing Development Partners LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Double Droptine Ranch LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Christian Custom Homes LLC waiver sent on 1/29/2019, answer due 4/1/2019. (Gulde, Matthew) |
|
Filing 15
ORDER Setting Oral Argument on Motion #3 : Oral Argument set for 2/19/2019 at 10:45 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 2/8/2019. (baf, )
|
| Filing 14 Case transferred in from District of Texas Northern; Case Number 3:19-cv-00206. Original file certified copy of transfer order and docket sheet received. |
| Case ASSIGNED to District Judge Amos L. Mazzant, III and REFERRED to Magistrate Judge Kimberly C Priest Johnson. (baf, ) |
| 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. (baf, ) |
|
Filing 13
Order Transferring to Another District: Case transferred to Sherman Division of Eastern District of Texas. (Ordered by Judge Ed Kinkeade on 2/6/2019) (axm) [Transferred from Texas Northern on 2/7/2019.]
|
| Filing 12 REPLY filed by Securities and Exchange Commission re: #3 Plaintiff's Emergency Motion for Asset Freeze and Other Relief and Supporting Memorandum of Law (Gulde-SEC, Matthew) [Transferred from Texas Northern on 2/7/2019.] |
| Filing 11 RESPONSE filed by Phillip Michael Carter re: #3 Plaintiff's Emergency Motion for Asset Freeze and Other Relief and Supporting Memorandum of Law (Whalen, James) [Transferred from Texas Northern on 2/7/2019.] |
|
Filing 10
ELECTRONIC ORDER granting #9 Defendant's Motion to Extend Time to File a Response to Plaintiff's Emergency Motion for Asset Freeze and Other Relief and Supporting Memorandum of Law. Responses due by 1/31/2019. (Ordered by Judge Ed Kinkeade on 1/30/2019) (chmb) [Transferred from Texas Northern on 2/7/2019.]
|
| Filing 9 MOTION for Extension of Time to File Response/Reply to #3 Plaintiff's Emergency Motion for Asset Freeze and Other Relief and Supporting Memorandum of Law filed by Phillip Michael Carter (Attachments: #1 Proposed Order) (Whalen, James) Modified linkage on 1/31/2019 (mla). [Transferred from Texas Northern on 2/7/2019.] |
| Filing 8 NOTICE of Attorney Appearance by James P Whalen and Ryne T Sandel on behalf of Phillip Michael Carter. (Filer confirms contact info in ECF is current.) (Whalen, James) Modified parties on 1/31/2019 (mla). [Transferred from Texas Northern on 2/7/2019.] |
|
Filing 7
ORDER: Before the Court is Plaintiff's Emergency Motion for Asset Freeze and Other Relief and Supporting Memorandum of Law (the "Motion") (Doc No #3 ). The Certificate of Conference for the Motion indicates that the Securities and Exchange Commission ("SEC") has already been in contact with counsel for Defendant Phillip Michael Carter ("Carter") regarding the relief requested in the Motion, and Carter's counsel stated that he is opposed to the Motion. Therefore, the Court ORDERS that Carter file a response to the Motion by Wednesday, January 30, 2019. Because the docket is unclear as to whether the SEC has served Carter in this case, the Court further ORDERS the SEC to serve Carter immediately with a copy of this Order, the Complaint (Doc No #1 ), and the Motion. Responses due by 1/30/2019. (Ordered by Judge Ed Kinkeade on 1/25/2019) (chmb) [Transferred from Texas Northern on 2/7/2019.]
|
| Filing 6 Summons Issued as to Phillip Michael Carter, Christian Custom Homes LLC, Double Droptine Ranch LLC, Frisco Wade Crossing Development Partners LLC, Bobby Eugene Guess, McKinney Executive Suites at Crescent Parc Development Partners LLC, North Forty Development LLC, North-Forty Development LLC, Texas Cash Cow LLC, Texas First Financial LLC, Richard Gregory Tilford. (ajb) [Transferred from Texas Northern on 2/7/2019.] |
| Filing 5 New Case Notes: A filing fee is not due for this case. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ajb) [Transferred from Texas Northern on 2/7/2019.] |
| Filing 4 Appendix in Support filed by Securities and Exchange Commission re #3 Emergency MOTION to Expedite Plaintiff's Emergency Motion for Asset Freeze and Other Relief and Supporting Memorandum of Law (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s)) (Gulde-SEC, Matthew) [Transferred from Texas Northern on 2/7/2019.] |
| Filing 3 Plaintiff's Emergency Motion for Asset Freeze and Other Relief and Supporting Memorandum of Law filed by Securities and Exchange Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Gulde-SEC, Matthew) Modified docket text on 1/25/2019 (ajb). [Transferred from Texas Northern on 2/7/2019.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Securities and Exchange Commission. (Gulde-SEC, Matthew) [Transferred from Texas Northern on 2/7/2019.] |
| Filing 1 COMPLAINT against All Defendants filed by Securities and Exchange Commission. (Filer fee note- Filed by the USA) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Gulde-SEC, Matthew) [Transferred from Texas Northern on 2/7/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
