Broadspire Services, Inc. v Wells
| Krystopher M Wells |
| Broadspire Services, Inc. |
| 1:2022cv00163 |
| November 1, 2022 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 AFFIDAVIT of Due Diligence by Broadspire Services, Inc.. (Stratton, Bobbie) |
| Filing 30 CERTIFICATE OF SERVICE by Broadspire Services, Inc. re #28 Order on Motion for Miscellaneous Relief,, (Stratton, Bobbie) |
| Filing 29 NOTICE of Payment of Bond re: #28 Order Granting Broadspire Services, Inc's Second Motion for Ex Parte Temporary Restraining Order, filed by Broadspire Services, Inc. (amg) |
Filing 28
ORDER GRANTING BROADSPIRE SERVICES, INC.'S SECOND MOTION FOR EX PARTE TEMPORARY RESTRAINING ORDER. The Court finds that Broadspire's motion for an ex parte temporary restraining order should be granted.The Court orders that Broadspire post an additional bond of $5,000 to ensure that Wells or the account holders are compensated for any potential costs or damages if they are wrongfully restrained. This order shall take effect immediately at 5:00 p.m. on December 9, 2022. This temporary restraining order expires 14 days from its filing unless the Court orders an extension. (Ordered by Judge James Wesley Hendrix on 12/9/2022) (skf)
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| Filing 27 MOTION Second Motion for Ex Parte Temporary Restraining Order filed by Broadspire Services, Inc. (Attachments: #1 Additional Page(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (Stratton, Bobbie) |
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Filing 26
ORDER GRANTING BROADSPIRE SERVICES, INC.'S MOTION FOR PRELIMINARY INJUNCTION. Broadspire satisfies the notice requirement of Rule 65(a)(1), meets the requirements for the Court to grant a preliminary injunction, and has posted bond, the Court finds that Broadspire's motion for a preliminary injunction #17 should be granted. Accordingly, the Court orders that: 1. Krystopher M. Wells cease spending any more funds from the $223,651September 23, 2022 deposit and voluntarily return any remaining funds; 2. The Bancorp Bank freeze Mr. Wells's account with routing transit number 031101279 and account number XXXXXXXXX896 and transfer any funds remaining after the September 23, 2022 deposit to the registry of this Court, if it has not already done so; and 3. Broadspire's $10,000 bond remain posted.This preliminary injunction shall take effect immediately and remain in effect pending resolution of this action or further order from the Court. (Ordered by Judge James Wesley Hendrix on 12/1/2022) (skf)
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| Filing 25 ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Motion Hearing held on 11/30/2022 re #17 Motion for Injunction filed by Broadspire Services, Inc.. re: #17 MOTION for Injunction (Preliminary) Testimony heard from Plf Witness: Elizabeth Nelson, Broadspire Rep. Argument by Plf's counsel. Order shall be entered by the Court. Hearing adjourned. Attorney Appearances: Plaintiff - Bobbie Stratton; Defense - None. (Court Reporter: Todd Anderson) (Plaintiff's Exhibits admitted (A-E, G & H) - returned to party) Time in Court - 1:12. (chmb) |
| Filing 23 NOTICE of Second Notice of Compliance with Rule 65(a)(1) filed by Broadspire Services, Inc. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Stratton, Bobbie) |
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Filing 22
ORDER. Broadspire advised the Court that it would notify Wells of the date-and-time change for the preliminary injunction hearing if the Court granted its motion, Dkt. No. #18 at 4. Accordingly, the Court orders that Broadspire file a notice with the Court describing its compliance with Rule 65(a)(1) by November 29, 2022. (Ordered by Judge James Wesley Hendrix on 11/28/2022) (skf)
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| Filing 24 Surety Bond for Temporary Restraining Order in the amount of $10,000.00 posted by Broadspire Services, Inc. (mms) |
| Filing 21 SUMMONS Returned Executed as to Krystopher M Wells; served on 11/11/2022. (skf) |
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Filing 20
ORDER GRANTING MOTION TO EXTEND TEMPORARY RESTRAINING ORDER AND RESET PRELIMINARY INJUNCTION HEARING. The Court finds that Broadspire's motion for an ex parte temporary restraining order should be granted. Accordingly, the temporary restraining order #14 shall extend until December 1, 2022. The hearing for Broadspires request for a preliminary injunction is RESET to November 30, 2022 at 9:30 a.m. in the United States District Court, Courtroom C-216, 1205 Texas Avenue, Lubbock, Texas 79401. At the hearing, the Court will consider any additional evidence and hear arguments from both parties regarding Broadspires request for a preliminary injunction. (Ordered by Judge James Wesley Hendrix on 11/14/2022) (skf)
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| Filing 19 NOTICE of Compliance with Rule 65(a)(1) filed by Broadspire Services, Inc. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B) (Stratton, Bobbie) |
| Filing 18 MOTION for Temporary Restraining Order Extension filed by Broadspire Services, Inc. (Attachments: #1 Exhibit(s) Exhibit A, #2 Proposed Order) (Stratton, Bobbie) |
| Filing 17 MOTION for Injunction (Preliminary) filed by Broadspire Services, Inc. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Stratton, Bobbie) |
| Filing 16 NOTICE of Surety Bond for Temporary Restraining Order re: #14 Order Granting Amended Motion for Ex Parte Temporary Restraining Order filed by Broadspire Services, Inc. (Stratton, Bobbie) Original Bond to be mailed to USDC Abilene. Modified docket text on 11/10/2022 (mms). |
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Filing 15
ORDER. The Court orders that Broadspire notify Wells of its request for injunctive relief and the scheduled preliminary injunction hearing (See Dkt. No. #14 at 11) and provide Wells with a copy of this order. Broadspire must also file its motion for a preliminary injunction by November 10, 2022. Wells may file a written response to Broadspire's request for a preliminary injunction on or before 1:00 p.m. on November 14, 2022. The Court further orders that Broadspire file a notice with the Court describing its compliance with Rule 65(a)(1) by November 14, 2022. (Ordered by Judge James Wesley Hendrix on 11/7/2022) (skf)
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Filing 14
ORDER granting #12 Amended Motion for Ex Parte Temporary Restraining Order. Hearing set for 11/15/2022 at 09:30 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. See Order for additional instructions. (Ordered by Judge James Wesley Hendrix on 11/4/2022) (mms)
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Filing 13
ORDER. Before the Court is Broadspire Services, Inc.'s motion to waive the local counsel requirements set forth in Local Civil Rule 83.10 #6 . For the reasons stated in the motion, the motion is granted. (Ordered by Judge James Wesley Hendrix on 11/4/2022) (skf)
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| Filing 12 MOTION Amended Motion for Ex Parte Temporary Restraining Order filed by Broadspire Services, Inc. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Stratton, Bobbie) |
| Filing 11 AMENDED COMPLAINT against Krystopher M Wells filed by Broadspire Services, Inc.. 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 Declaration(s), #2 Additional Page(s), #3 Proposed Order) (Stratton, Bobbie) |
| Filing 10 **DISREGARD - INCORRECT EXHIBITS ATTACHED, SECOND AMENDED COMPLAINT TO BE FILED*** AMENDED COMPLAINT against Krystopher M Wells filed by Broadspire Services, Inc.. 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 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Stratton, Bobbie) Modified to include disregard text on 11/4/2022 (mms). |
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Filing 9
Order granting Motion for Ex Parte Temporary Restraining Order #8 . Hearing set for 11/15/2022 at 09:30 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. See Order for additional instructions. (Ordered by Judge James Wesley Hendrix on 11/3/2022) (skf) Modified on 11/4/2022 to remove Sealed/Ex Parte text and unseal the docket entry (mms).
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| Filing 8 MOTION Motion for Ex Parte Temporary Restraining Order filed by Broadspire Services, Inc. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (Stratton, Bobbie) |
| Filing 7 Summons Issued as to Krystopher M Wells. (skf) |
| Filing 6 MOTION Motion for Leave to Appear without Local Counsel filed by Broadspire Services, Inc. (Attachments: #1 Proposed Order) (Stratton, Bobbie) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Broadspire Services, Inc.. (Clerk QC note: No affiliate entered in ECF). (Stratton, Bobbie) |
| Filing 4 Request for Clerk to issue Summons filed by Broadspire Services, Inc. (Stratton, Bobbie) (Main Document 4 replaced after flattening on 11/4/2022) (amg). |
| Filing 3 NOTICE of Civil Cover Sheet re: #1 Complaint,,,, filed by Broadspire Services, Inc. (Stratton, Bobbie) |
| Filing 2 New Case Notes: A filing fee has been paid. (skf) |
| Filing 1 COMPLAINT against All Defendants filed by Broadspire Services, Inc.. (Filing fee $402; Receipt number ATXNDC-13271038) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 Proposed Order, #2 Declaration(s), #3 Additional Page(s)) (Stratton, Bobbie) |
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| Defendant: Krystopher M Wells | |
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| Claimant: Broadspire Services, Inc. | |
| Represented By: | Bobbie L Stratton |
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