Contreras et al v. Moyle et al
| Cory Contreras, anthony contreras, Broken Bow OZ Management LLC and Broken Bow OZ Fund LP |
| Broken Bow OZ Real Estate LLC, Robert Moyle, Samuel Owen, Owen Group Holdings, LLC, OGH Holdings, LLC and Garfield Drummond |
| Hon. Paul D. Stickney |
| 4:2022cv00931 |
| October 31, 2022 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Securities/Commodities |
| 28 U.S.C. § 1331 Fed. Question: Securities Violation |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 REPLY to Response to Motion re #39 MOTION to Dismiss and Alternative 12(e) Motion for More Definite Statement filed by Garfield Drummond. (Golden, Joshua) |
| Filing 40 RESPONSE in Opposition re #39 MOTION to Dismiss filed by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras. (Attachments: #1 Proposed Order)(Martin, Trevor) |
| Filing 39 MOTION to Dismiss by Garfield Drummond. (Attachments: #1 Proposed Order)(Golden, Joshua) |
Filing 38
AMENDED SCHEDULING ORDER: Final Pretrial Conference RESET for 6/12/2024 at 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Discovery due by 11/14/2023. Expert Witness List due by 9/19/2023. Jury Instructions due by 5/29/2024. Mediation Completion due by 12/12/2023. Motions due by 12/5/2023. Proposed Findings of Fact due by 5/29/2024. Proposed Pretrial Order due by 5/13/2024. Signed by District Judge Sean D. Jordan on 06/13/2023. (jmb)
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Filing 37
ORDER granting #36 Joint Agreed Motion to Extend Deadlines and Enter Amended Scheduling Order. Signed by District Judge Sean D. Jordan on 06/13/2023. (jmb)
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| Filing 36 Joint MOTION Extend Deadlines and Enter Amended Scheduling Order by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras. (Attachments: #1 Proposed Order (Proposed) Order)(Holmes, Michael) |
| Filing 35 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Garfield Drummond.( Golden, Joshua) (Main Document 35 replaced with flattened image on 5/18/2023) . Modified on 5/18/2023 (slo, ). |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Garfield Drummond to 6/21/2023. 30 Days Granted for Deadline Extension.( slo) |
| Filing 34 SUGGESTION OF DEATH Upon the Record by Robert Moyle. (Golden, Joshua) |
| Filing 33 SUMMONS Returned Executed by Broken Bow OZ Management LLC, Anthony Contreras, Broken Bow OZ Fund LP, Cory Contreras, Broken Bow OZ Real Estate LLC. Garfield Drummond served on 5/1/2023, answer due 5/22/2023. (Martin, Trevor) |
| Filing 32 SUMMONS Issued as to Garfield Drummond. (rpc, ) |
| Filing 31 ***FILED IN ERROR. PLEASE DISREGARD*** NOTICE by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras re #30 Amended Complaint Request for Summons (Martin, Trevor) Modified on 5/1/2023 (rpc, ). |
| NOTICE of Deficiency regarding the #31 NOTICE Request for Summons submitted by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras. FILED IN ERROR. Request for Summons to be issued should not be filed on the docket. Correction should be made by one business day. (rpc, ) |
| Filing 30 SECOND AMENDED COMPLAINT against Garfield Drummond, Robert Moyle, OGH Holdings, LLC, Samuel Owen, filed by Broken Bow OZ Management LLC, Anthony Contreras, Broken Bow OZ Fund LP, Cory Contreras, Broken Bow OZ Real Estate LLC.(rpc, ) |
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Filing 29
ORDER granting #27 Motion for Leave to Amend Complaint. The Clerk's Office is directed to file Plaintiff's Second Amended Complaint (Dkt. #27-1), of record. Signed by District Judge Sean D. Jordan on 4/19/23. (dm, )
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Filing 28
ORDER. It is ORDERED that, by no later than Monday, April 17, 2023, Defendants must advise the Court whether they oppose Plaintiffs' Motion for Leave to Amend Complaint, (Dkt. #27 ). Signed by District Judge Sean D. Jordan on 04/13/2023. (jmb, )
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| Filing 27 MOTION to Amend/Correct Complaint, MOTION for Leave to File Amended Complaint by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Text of Proposed Order Proposed Order Granting Leave)(Martin, Trevor) |
| Filing 26 NOTICE by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras Out of Office (Martin, Trevor) |
| NOTICE: The Rule 16 management conference set for 3/1/2023 is CANCELLED. Entered on 2/16/2023. (ldm) |
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Filing 25
ORDER REFERRING CASE TO MEDIATION. The Court hereby ORDERS that this case be submitted to mediation in accordance with this Court's mediation plan. The Court appoints as mediator Hon. Paul D. Stickney (Ret). Signed by District Judge Sean D. Jordan on 2/14/2023. (rpc, )
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Filing 24
SCHEDULING ORDER: Final Pretrial Conference set for 3/13/2024 at 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Amended Pleadings due by 5/24/2023. Discovery due by 8/16/2023. Joinder of Parties due by 4/12/2023. Jury instructions due by 2/28/2024. Mediation Completion due by 9/13/2023. Motions due by 9/6/2023. Proposed Pretrial Order due by 2/12/2024. Signed by District Judge Sean D. Jordan on 2/14/2023. (rpc, )
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| Filing 23 REPORT of Rule 26(f) Planning Meeting by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras Joint Rule 26(f) Report (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Martin, Trevor) Modified on 2/10/2023 (rpc, ). |
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Filing 22
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 2/10/2023. Rule 16 Management Conference set for 3/1/2023 at 01:00 PM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 1/6/2023. (rpc, )
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| Filing 21 ORIGINAL ANSWER to #2 Amended Complaint by Owen Group Holdings, LLC.(Golden, Joshua) |
| Filing 20 ORIGINAL ANSWER to #2 Amended Complaint by Samuel Owen.(Golden, Joshua) |
| Filing 19 ORIGINAL ANSWER to #2 Amended Complaint by Robert Moyle. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Golden, Joshua) |
| Filing 18 NOTICE by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras Amended Notice of Bond (Attachments: #1 Exhibit Injunction Bond)(Martin, Trevor) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Broken Bow OZ Management LLC, Anthony Contreras, Broken Bow OZ Fund LP, Cory Contreras, Broken Bow OZ Real Estate LLC. Robert Moyle waiver sent on 11/16/2022, answer due 1/15/2023. (Martin, Trevor) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Broken Bow OZ Management LLC, Anthony Contreras, Broken Bow OZ Fund LP, Cory Contreras, Broken Bow OZ Real Estate LLC. Samuel Owen waiver sent on 11/16/2022, answer due 1/15/2023. (Martin, Trevor) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Broken Bow OZ Management LLC, Anthony Contreras, Broken Bow OZ Fund LP, Cory Contreras, Broken Bow OZ Real Estate LLC. Owen Group Holdings, LLC waiver sent on 11/16/2022, answer due 1/15/2023. (Martin, Trevor) |
| Filing 14 NOTICE by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras re #8 Order on Motion for TRO,,,,,,,,, #11 Order on Motion for Preliminary Injunction (Attachments: #1 Exhibit Injunction Bond)(Martin, Trevor) |
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Filing 13
ORDER granting #12 Motion for Extension of Time to File Bond. Signed by District Judge Sean D. Jordan on 12/5/2022. (rpc, )
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| Filing 12 MOTION for Extension of Time to File Bond by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Extend Time to File Bond)(Martin, Trevor) |
| Filing 11 AGREED PRELIMINARY INJUNCTION granting #10 Motion for Preliminary Injunction. Signed by District Judge Sean D. Jordan on 11/28/2022. (rpc, ) |
| NOTICE: The hearing on Plaintiffs' Motion for Preliminary Injunction set for 11/29/2022 is CANCELLED. (ldm) |
| Filing 10 Joint MOTION for Preliminary Injunction by All Defendants and by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras. (Attachments: #1 Text of Proposed Order Proposed Agreed Preliminary Injunction)(Martin, Trevor) |
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Filing 9
ORDER Resetting Hearing on Motion #3 Ex Parte MOTION for Preliminary Injunction: Motion Hearing reset for 11/29/2022 at 09:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 11/23/2022. (rpc, )
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Filing 8
TEMPORARY RESTRAINING ORDER. Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order, (Dkt. #3 ), is GRANTED in part. Specifically, Plaintiffs' application for temporary restraining order is GRANTED. The Court ORDERS that the filing requirements for business records and the associated custodial affidavits be waived for purposes of all preliminary-injunction hearings. It is further ORDERED that the duration of this Temporary Restraining Order shall not exceed fourteen days. This TRO will govern until the Court issues an order on Plaintiffs' request for preliminary injunction. The Court will hear argument on Plaintiffs' request for preliminary injunction on Monday, November 28, 2022, at 4:00 p.m. at the United States Courthouse, 7940 Preston Road, Courtroom 105, Plano, Texas. It is further ORDERED that the amount of the bond be fixed at $80,000.00, which Plaintiff must file into the Courts registry. Signed by District Judge Sean D. Jordan on 11/15/2022. (rpc, )
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| Filing 7 Supplemental MOTION for Temporary Restraining Order by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras. (Attachments: #1 Text of Proposed Order Proposed TRO)(Martin, Trevor) |
| NOTICE of Hearing on Motion #3 Ex Parte MOTION for Preliminary Injunction: Motion Hearing set for 11/28/2022 at 04:00 PM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. (rpc, ) |
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Filing 6
ORDER. It is ORDERED that by no later than Tuesday, November 15, 2022, Plaintiffs are to submit a supplement to their application of no more than five (5) pages clarifying Plaintiffs' position as to Broken Bow OZ Management LLC and Broken Bow OZ Fund LP's respective capacities to sue under Federal Rule of Civil Procedure 17(b). Signed by District Judge Sean D. Jordan on 11/14/2022. (rpc, )
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Filing 4
ORDER Setting Hearing on #3 Ex Parte MOTION for Temporary Restraining Order: Motion Hearing set for 11/14/2022 at 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 11/7/2022. (rpc, )
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| Filing 3 Ex Parte MOTION for Temporary Restraining Order by Broken Bow OZ Fund LP, Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Anthony Contreras, Cory Contreras. (Attachments: #1 Text of Proposed Order)(Martin, Trevor) |
| Filing 2 AMENDED COMPLAINT against All Defendants, filed by Broken Bow OZ Management LLC, Anthony Contreras, Broken Bow OZ Fund LP, Cory Contreras, Broken Bow OZ Real Estate LLC.(Martin, Trevor) |
| Case Assigned to District Judge Sean D. Jordan. (rpc, ) |
| 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. (rpc, ) |
| Filing 1 COMPLAINT Broken Bow OZ Management LLC, Broken Bow OZ Real Estate LLC, Broken Bow OZ Fund LP, Anthony Contreras, and Cory Contreras against Robert Moyle, Samuel Owen, Owen Group Holdings, LLC ( Filing fee $ 402 receipt number ATXEDC-9204636.), filed by Broken Bow OZ Management LLC, anthony contreras, Broken Bow OZ Fund LP, Cory Contreras. (Attachments: #1 Civil Cover Sheet, #2 Supplement)(Martin, Trevor) |
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