Zarallo et al v. McCoy et al
| Mark Andrew Zarallo, Cogent Renewables, LLC, Mark Andrew Zarallo, Jr. and Cogent Renewables, LLC, |
| Joshua McCoy, McCoy Equity Holdings, LLC, Dynamic Group, LLC, DSI Energy Solutions, LLC, Chad Mitchell and United Community Bank |
| 4:2023cv00683 |
| July 26, 2023 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 29 NOTICE: Notice of Dismissal: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), all claims between Plaintiffs Mark Andrew Zarallo, Jr., and Cogent Renewables, LLC, and Defendant United Community Bank are dismissed without prejudice. The clerk is directed to terminate United Community Bank as a party in this matter. (ldm) |
| Filing 28 NOTICE of Voluntary Dismissal by Cogent Renewables, LLC,, Mark Andrew Zarallo, Jr. (Ness, Eliyahu) |
Filing 27
ORDER granting #25 Motion for Leave to File Excess Pages. Signed by District Judge Sean D. Jordan on 9/13/2023. (rpc, )
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| Filing 26 MOTION to Dismiss for Lack of Jurisdiction / Improper Venue or Transfer of Venue by DSI Energy Solutions, LLC, Dynamic Group, LLC, Joshua McCoy, McCoy Equity Holdings, LLC, Chad Mitchell. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Teakell, John) |
| Filing 25 UNOPPOSED MOTION for Leave to File Excess Pages for Motion to Dismiss by DSI Energy Solutions, LLC, Dynamic Group, LLC, Joshua McCoy, McCoy Equity Holdings, LLC, Chad Mitchell. (Attachments: #1 Proposed Order)(Teakell, John) |
| Filing 24 NOTICE of Attorney Appearance - Pro Hac Vice by Kyle Keegan on behalf of DSI Energy Solutions, LLC, Dynamic Group, LLC, Joshua McCoy, McCoy Equity Holdings, LLC, Chad Mitchell. Filing fee $ 100, receipt number ATXEDC-9668055. (Keegan, Kyle) |
| Filing 23 NOTICE of Attorney Appearance - Pro Hac Vice by Amber Robichaux on behalf of DSI Energy Solutions, LLC, Dynamic Group, LLC, Joshua McCoy, McCoy Equity Holdings, LLC, Chad Mitchell. Filing fee $ 100, receipt number ATXEDC-9668044. (Robichaux, Amber) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for DSI Energy Solutions, LLC to 9/11/2023; Joshua McCoy to 9/11/2023; Chad Mitchell to 9/11/2023; McCoy Equity Holdings, LLC to 9/11/2023; Dynamic Group, LLC to 9/11/2023. 21 Days Granted for Deadline Extension. (jmb) |
| Filing 22 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by DSI Energy Solutions, LLC, Dynamic Group, LLC, Joshua McCoy, McCoy Equity Holdings, LLC, Chad Mitchell. (Teakell, John) |
| Filing 21 Minute Entry for proceedings held before District Judge Sean D. Jordan: Hearing held on 8/4/2023 regarding #9 Plaintiffs' Emergency Application for Temporary Restraining Order. Counsel for Defendant United Community Bank confirmed that it will waive service of process and will file a motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). The Court advised that the issue of personal jurisdiction must be resolved before any potential injunctive relief can be considered. Plaintiffs' counsel confirmed that, pending resolution of the personal jurisdiction issue, it will pursue a preliminary injunction against Defendant United Community Bank. From 1:35-3:08 p.m. Attorney Appearances: Plaintiff - Eliyahu Ness and Christopher Cyrus; Defense - Andrew Lee and Tarak Anada. (No exhibits)(Court Reporter Gayle Wear.) (ldm) |
| Filing 20 NOTICE of Attorney Appearance - Pro Hac Vice by Andrew R. Lee on behalf of United Community Bank. Filing fee $ 100, receipt number ATXEDC-9635556. (Lee, Andrew) |
| Filing 19 NOTICE by United Community Bank re #16 Order Advisory Memorandum (Anada, Tarak) |
| Filing 18 NOTICE by Cogent Renewables, LLC,, Mark Andrew Zarallo, Jr. re #16 Order, #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction Advisory Brief Pursuant to 8/3/2023 Order (Ness, Eliyahu) |
| Filing 17 Minute Entry for proceedings held before District Judge Sean D. Jordan: Telephone Conference held on 8/3/2023 regarding upcoming hearing on #9 Plaintiff's Emergency Application for Temporary Restraining Order and Preliminary Injunction. From 5:00-5:50 p.m. Attorney Appearances: Plaintiff - Eliyahu Ness and Christopher Cyrus; Defense - Tarak Anada and Andy Lee. (No exhibits)(Court Reporter Not Recorded.) (ldm) |
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Filing 16
ORDER FOR ADVISORY. Signed by District Judge Sean D. Jordan on 8/3/2023. (ldm)
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| Filing 15 NOTICE of Attorney Appearance by Tarak Anada on behalf of United Community Bank (Anada, Tarak) |
| Filing 14 NOTICE of Hearing: Telephone Conference set for 8/3/2023 at 5:00 p.m. before District Judge Sean D. Jordan. (ldm) |
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Filing 13
ORDER Setting Hearing on Motion #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing set for 8/4/2023 at 1:30 p.m. in Ctrm 105 (Plano) before District Judge Sean D. Jordan.Signed by District Judge Sean D. Jordan on 8/2/2023. (ldm)
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| Filing 12 NOTICE by Cogent Renewables, LLC,, Mark Andrew Zarallo, Jr. re #9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction of Attorney Certification Pursuant to FRCP Rule 65(b)(1) (Ness, Eliyahu) |
| Filing 11 SUMMONS Returned Executed by Cogent Renewables, LLC,, Mark Andrew Zarallo, Jr.. Joshua McCoy served on 7/31/2023, answer due 8/21/2023. (Ness, Eliyahu) |
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Filing 10
ORDER granting #8 Emergency Motion to Increase Page Limits for Non-Dispositive Motion Briefing. Plaintiffs' Motion for Temporary Restraining Order, (Dkt. #9 ), is hereby deemed properly filed. Signed by District Judge Sean D. Jordan on 8/2/2023. (mcg, 4)
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| Filing 9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Cogent Renewables, LLC,, Mark Andrew Zarallo, Jr.. (Attachments: #1 Affidavit/Declaration of Mark Andrew Zarallo, Jr., #2 Exhibit A to Declaration of Mark Andrew Zarallo, Jr., #3 Exhibit B to Declaration of Mark Andrew Zarallo, Jr., #4 Exhibit C to Declaration of Mark Andrew Zarallo, Jr., #5 Exhibit D to Declaration of Mark Andrew Zarallo, Jr., #6 Exhibit E to Declaration of Mark Andrew Zarallo, Jr., #7 Exhibit F to Declaration of Mark Andrew Zarallo, Jr., #8 Exhibit G to Declaration of Mark Andrew Zarallo, Jr., #9 Affidavit/Declaration of Angela Zarallo, #10 Exhibit A to Declaration of Angela Zarallo, #11 Exhibit B to Declaration of Angela Zarallo, #12 Exhibit C to Declaration of Angela Zarallo, #13 Exhibit D to Declaration of Angela Zarallo, #14 Exhibit E to Declaration of Angela Zarallo, #15 Exhibit F to Declaration of Angela Zarallo, #16 Exhibit G to Declaration of Angela Zarallo, #17 Exhibit H to Declaration of Angela Zarallo, #18 Affidavit/Declaration of Kelly Howard, #19 Affidavit/Declaration of Eliyahu Ness, #20 Exhibit A to Declaration of Eliyahu Ness, #21 Exhibit B to Declaration of Eliyahu Ness, #22 Exhibit C to Declaration of Eliyahu Ness, #23 Proposed Order)(Ness, Eliyahu) |
| Filing 8 Emergency MOTION for Leave to File Excess Pages in Support of upcoming Emergency Application for TRO and Preliminary Injunction by Cogent Renewables, LLC,, Mark Andrew Zarallo, Jr.. (Attachments: #1 Affidavit/Declaration of Eliyahu Ness in support of Emergency Relief, #2 Proposed Order)(Ness, Eliyahu) |
| Filing 7 SUMMONS Issued as to Chad Mitchell. (mcg, 4) |
| Filing 6 SUMMONS Issued as to United Community Bank. (mcg) |
| Filing 5 SUMMONS Issued as to DSI Energy Solutions, LLC. (mcg) |
| Filing 4 SUMMONS Issued as to Dynamic Group, LLC. (mcg) |
| Filing 3 SUMMONS Issued as to McCoy Equity Holdings, LLC. (mcg) |
| Filing 2 SUMMONS Issued as to Joshua McCoy. (mcg) |
| Case Assigned to District Judge Sean D. Jordan. (xl, ) |
| 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. (xl, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9619791.), filed by Mark Andrew Zarallo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Ness, Eliyahu) |
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