Capital Funding LLC v. TLTX Holdings LLC et al
| Capital Funding LLC |
| Lockney Management LLC, Elie Deitsch, TLTX Holdings LLC, Tulia Management LLC, Tulia TX Realty LLC, ARTX Holdings LLC and Lockney TX Realty LLC |
| 2:2020cv00005 |
| January 7, 2020 |
| US District Court for the Northern District of Texas |
| Amarillo Office |
| Matthew J Kacsmaryk |
| Contract: Other Contract |
| Registration of Foreign Judgment |
| None |
Docket Report
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This docket was last retrieved on March 4, 2020. A more recent docket listing may be available from PACER.
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Filing 33
ORDER: The Court uses its discretion under the same rule and under Local Rule 83.1 to suspend invoking for fourteen days from today this authority to order a showing of good cause. If Defendant again fails to obey the Court's order, the Court will order a showing of good cause and, absent such good cause, will consider applying discipline as Local Rule 83.8 and the precedent of the United States Court of Appeals for the Fifth Circuit permit. (Ordered by Judge Matthew J. Kacsmaryk on 3/4/2020) (nhp)
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Filing 32
ORDER re: #30 Motion to Alter Judgment. It is therefore ORDERED that Plaintiff's Motion to Alter or Amend the Court's Memorandum Opinion is DENIED in part and GRANTED in part.(See Order for Specifics) (Ordered by Judge Matthew J. Kacsmaryk on 2/6/2020) (nhp)
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| Filing 31 Brief/Memorandum in Support filed by Capital Funding LLC re #30 MOTION to Alter Judgment or Amend Judgment (Klein, Buffey) |
| Filing 30 MOTION to Alter Judgment or Amend Judgment filed by Capital Funding LLC (Attachments: #1 Proposed Order) (Klein, Buffey) |
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Filing 29
Memorandum Opinion and Order denying #4 MOTION Emergency Application for Appointment of Receiver and, MOTION for Temporary Restraining Order #3 MOTION Emergency Application for Appointment of Receiver and, MOTION for Temporary Restraining Order. See Order for Specifics. (Ordered by Judge Matthew J. Kacsmaryk on 1/17/2020) (vls) (Ordered by Judge Matthew J. Kacsmaryk on 1/17/2020) (vls)
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Filing 28
ORDER STRIKING AND UNFILING DOCUMENT and NOTICE OF DEFICIENCY: Lockney Management LLC, Tulia Management LLC must address the following deficiency: The applicant is required to attach to his application an original Certificate of Good Standing issued within the past 90 days from the attorney licensing authority in the state in which he is admitted to practice. The applicant has 14 days to obtain local counsel that qualifies under Local Rule 83.10(a). Alternatively, the applicant may file for a motion for leave to waive Local Rule 83.10(a). (Ordered by Judge Matthew J. Kacsmaryk on 1/17/2020) (nhp)
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Filing 27
ORDER granting #10 Application for Admission Pro Hac Vice of Joel L. Perrell Jr.. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 1/15/2020) (nhp)
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Filing 26
ORDER granting #11 Application for Admission Pro Hac Vice of Patricia B. Jefferson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 1/15/2020) (nhp) (Main Document 26 replaced on 1/15/2020) (vls). Modified text on 1/15/2020 (vls).
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| Filing 25 RESPONSE filed by ARTX Holdings LLC, Elie Deitsch, Lockney Management LLC, Lockney TX Realty LLC, TLTX Holdings LLC, Tulia Management LLC, Tulia TX Realty LLC re: #4 MOTION Emergency Application for Appointment of Receiver and MOTION for Temporary Restraining Order , #5 MOTION to Expedite Hearing on Plaintiff's Emergency Applications for Appointment of Receiver and Temporary Restraining Order, #3 MOTION Emergency Application for Appointment of Receiver and MOTION for Temporary Restraining Order (Attachments: #1 Exhibit(s) Consent Payments, #2 Exhibit(s) Emails, #3 Exhibit(s) Emails, #4 Exhibit(s) Emails, #5 Exhibit(s) Emails, #6 Exhibit(s) SAK Form, #7 Exhibit(s) PL - Census, #8 Exhibit(s) PL - Census, #9 Exhibit(s) Case Summary) (Kombol, Brendan) |
| Filing 24 Supplemental Document by Capital Funding LLC as to #4 MOTION Emergency Application for Appointment of Receiver and MOTION for Temporary Restraining Order , #3 MOTION Emergency Application for Appointment of Receiver and MOTION for Temporary Restraining Order . (Klein, Buffey) |
| Filing 22 Notice of Filing of Official Electronic Transcript of Expedited Hearing on Plaintiff's Emergency Application for Appointment of Receiver and Temporary Restraining Order held on 1/9/2020 before Judge Matthew J. Kacsmaryk. Court Reporter Stacy Morrison, Telephone number 806-672-6219. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (97 pages) Redaction Request due 2/3/2020. Redacted Transcript Deadline set for 2/13/2020. Release of Transcript Restriction set for 4/13/2020. (smm) |
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Filing 20
ORDER GRANTING INSPECTIONS - See Order for Specifics. (Ordered by Judge Matthew J. Kacsmaryk on 1/12/2020) (vls)
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Filing 19
ORDER: It is ORDERED that Defendants file a response to Plaintiff's two applications (ECF 3 and 4) no later than 5:00 P.M. (CST) on Monday, January 13, 2020. In their response, Defendants may also address or develop any relevant arguments that were made during the hearing. Defendants are also advised to write their response following the temporary restraining order and receivership standards as used during the hearing. (Ordered by Judge Matthew J. Kacsmaryk on 1/12/2020) (vls)
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| Filing 18 NOTICE of Filing Proposed Agreed Order Regarding Inspection and Operations filed by Capital Funding LLC (Attachments: #1 Proposed Order) (Klein, Buffey) |
| Filing 23 Court's Witness List from Motion/TRO Hearing held 1/09/2020. (vls) |
| Filing 21 ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Motion Hearing held on 1/9/2020 re #4 MOTION Emergency Application for Appointment of Receiver and, MOTION for Temporary Restraining Order #3 MOTION Emergency Application for Appointment of Receiver and, MOTION for Temporary Restraining Order #5 MOTION to Expedite Hearing on Plaintiff's Emergency Applications for Appointment of Receiver and Temporary Restraining Order. Attorney Appearances: Plaintiff - Patricia Jefferson, Buffey E. Klein, David Mullin; Defense - Brenden Kombol via phone. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - 2:08. (vls) Modified date filed on 1/13/2020 (vls). Modified text on 1/13/2020 (vls). |
| Filing 17 **UNFILED** (See Doc # 28)Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10532772) filed by ARTX Holdings LLC, Elie Deitsch, Lockney Management LLC, Lockney TX Realty LLC, TLTX Holdings LLC, Tulia Management LLC, Tulia TX Realty LLC (Kombol, Brendan) Modified title on 1/17/2020 (nhp). |
| Filing 16 NOTICE of Attorney Appearance by Richard Biggs for David Mullin on behalf of Capital Funding LLC. (Biggs, Richard) |
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Filing 15
ORDER granting #12 Defendants' Unopposed Agreed Emergency Application for Permission to Appear Telephonically - Defendants are ORDERED to coordinate with Plaintiff and this Courts Courtroom Deputy to finalize the logistics of their telephonic appearance on or before 12:00 P.M. (noon) (CST) on Thursday, January 9, 2020. Additionally, Defendants counsel is ORDERED to prepare for the Hearing an explanation for their failure to comply with the Briefing Order. Defendants' counsel also is ORDERED to prepare for the Hearing a proposal for a date and time certain when Defendants will file a written response compliant with the Briefing Order. (Ordered by Judge Matthew J. Kacsmaryk on 1/8/2020) (vls) Modified (emailed to Defendant's attorney on 1/8/2020) on 1/9/2020 (nhp).
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| Filing 14 Please submit your proposed order for the following motion -- in modifiable Word format -- to Kacsmaryk_Orders@txnd.uscourts.gov. re #12 MOTION Defendants' Agreed Emergency Application for Permission to Appear Telephonically. (vls) |
| Filing 13 ADVISORY TO COUNSEL: The Court does not ascertain that the designated local counsel qualifies under Local Rule 83.10(a) because, under that rule, local counsel must reside or maintain the attorney's principal office in this district, and the attorney's residence or principal office must be located within 50 miles of the courthouse in the division in which the case is pending. re #11 Application for Admission Pro Hac Vice, #10 Application for Admission Pro Hac Vice filed by Capital Funding LLC. (vls) Modified text on 1/9/2020 (vls). |
| Filing 12 MOTION Defendants' Agreed Emergency Application for Permission to Appear Telephonically re #6 Order Setting Deadline/Hearing, filed by Capital Funding LLC (Klein, Buffey) |
| Filing 11 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Patricia B. Jefferson (Filing fee $100; Receipt number 0539-10528875) filed by Capital Funding LLC (Klein, Buffey) |
| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Joel L. Perrell, Jr. (Filing fee $100; Receipt number 0539-10528854) filed by Capital Funding LLC (Klein, Buffey) |
| Filing 9 Payment for 8 Complaint, filed by Capital Funding LLC. ($400; Receipt number 0539-10528815). (Klein, Buffey) |
| Filing 8 CASE OPENING EVENT - 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. (djs) Modified on 1/8/2020 (djs). |
| Filing 7 Judge Kacsmaryk directed the clerk to convert case number 2:19-mc-12 to a civil case. This matter will now proceed under case number 2:20-cv-5-Z. The plaintiff may use the Payment of Fee event in ECF to pay the civil case filing fee or may send a check to the clerk for $400. (Document number 7 electronically mailed to edeitsch@bondcollective.com; bkombol@yellenlaw.com; mm@fidelawplc.com; dganz@skybluehc.com; tkrienke@rcmhlaw.com; ryan.bane@hhsc.state.tx.us on 1/7/2020) (daa) Modified on 1/7/2020 (djs). |
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Filing 6
ORDER: The Court hereby ORDERS that Defendants file a response to Plaintiff's two applications (ECF 3 and 4) no later than 5:00 P.M. (CST) on Wednesday, January 8, 2020. The Court further ORDERS that a hearing on Plaintiff's applications be held at 2:00 P.M. (CST) on Thursday, January 9, 2020, in the first-floor courtroom at the United States Courthouse located at 205 Southeast Fifth Avenue, Amarillo, Texas. (Ordered by Judge Matthew J. Kacsmaryk on 1/6/2020) (vls)
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| Filing 5 MOTION to Expedite Hearing on Plaintiff's Emergency Applications for Appointment of Receiver and Temporary Restraining Order filed by Capital Funding LLC (Attachments: #1 Proposed Order) (Klein, Buffey) |
| Filing 4 MOTION Emergency Application for Appointment of Receiver and, MOTION for Temporary Restraining Order () filed by Capital Funding LLC (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Proposed Order) (Klein, Buffey) |
| Filing 3 MOTION Emergency Application for Appointment of Receiver and, MOTION for Temporary Restraining Order () filed by Capital Funding LLC (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Proposed Order) (Klein, Buffey) |
| Filing 2 Abstract of Judgment issued. (daa) |
| Filing 1 Registration of Judgment From Another Court filed by Capital Funding LLC. (Filing fee $47; Receipt number 0539-10451693) This case requires no further judicial action, therefore it has been terminated pending any future request for relief. (Attachments: #1 Additional Page(s) Clerk's Certification) (Klein, Buffey) |
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