GE Capital Commercial Inc et al v. Wright & Wright Inc et al
| GE Capital Commercial Inc, General Electric Capital Corporation and GE Capital Financial Inc |
| Wright & Wright Inc, BBAF Enterprises Inc, Frank B Buchanan, Justin Prather, David Ashley Wright, Worthington National Bank, PlainsCapital Bank, Sterling Bank, Texana Bank and Frank Boyd Buchanan, III |
| Richard B. Goble, Goble Family Limited Partnership, Thomas A. Segee, Todd Minnis, Michael Holsomback, Scott Wilson, Hugh Kelly, III, Willis Taubert, David Carver, Angie Carver and Citibank NA |
| 3:2009cv00572 |
| March 27, 2009 |
| US District Court for the Northern District of Texas |
| Fraud or Truth-In-Lending Office |
| XX US, Outside State |
| Sam A Lindsay |
| Plaintiff |
| Diversity |
| Both |
Docket Report
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This docket was last retrieved on November 26, 2014. A more recent docket listing may be available from PACER.
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Destruction of Exhibits offered by GE Capital Commercial Inc, Worthington National Bank (EXH-ADM flag removed) (svc)
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Filing 381
ORDER: The court grants Plaintiffs' Motion with respect to court costs and orders Defendant to pay the $23,038.25 in court costs and $14.79 in accrued interest. Interest at the rate of.11% shall accrue until the costs are paid in full. (Ordered by Judge Sam A Lindsay on 9/25/2014) (cea)
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Filing 380
ORDER granting #377 Motion for Release of Supersedeas Bond from the Registry of the Court and to Lift Stay of Execution. The court directs the clerk of court to release to Plaintiffs by way of their lead attorney, James R. Nelson, the sum of $3,326,146, and all interest that has accrued on such amount, for a total amount of $3,327,090.79. The court denies without prejudice Plaintiffs' request for writ of attachment at this time. (Ordered by Judge Sam A Lindsay on 9/25/2014) (skt)
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Filing 379
ADDITIONAL ATTACHMENTS to #377 MOTION for Release of Bond Obligation (Release of Supersedeas Bond) by Plaintiff GE Capital Commercial Inc. (Cox, John)
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Filing 378
Appendix in Support filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re #377 MOTION for Release of Bond Obligation (Release of Supersedeas Bond) (Cox, John)
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Filing 377
MOTION for Release of Bond Obligation (Release of Supersedeas Bond) and to Lift Stay of Execution filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Cox, John) Modified title on 8/6/2014 (awc).
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Notice Regarding Disposition of Trial/Hearing Exhibits Pursuant to Local Court Rule CV 79.2(b). Exhibits scheduled for destruction 60 Days from the date of this notice unless claimed. -- Signed by Deputy Clerk S VanCamp. (svc)
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Filing 376
JUDGMENT/MANDATE of USCA as to #351 Notice of Appeal, filed by Worthington National Bank. Judgment of the District Court is affirmed. Issued as Mandate: 7/16/14. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (svc)
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Filing 375
Opinion of USCA in accordance with USCA judgment re #351 Notice of Appeal, filed by Worthington National Bank. (svc)
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Filing 374
Amended Costs Taxed in amount of $ $23,038.25 against Worthington National Bank. (tla)
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Filing 373
Order Accepting Findings and Recommendations re: #368 Findings and Recommendations on #347 Motion to review the clerk's improper taxation of costs filed by Worthington National Bank. Accordingly, the court overrules Defendant's objection to Plaintiffs' bill of costs; sustains Defendant's objection to Plaintiffs' claim for service of process fees; grants Defendant's Motion to Review the Clerk's Improper Taxation of Costs; and orders the Clerk of Court to reduce the amount of taxable costs by $1,802.00, for a total of $23,038.25. (Ordered by Judge Sam A Lindsay on 2/24/2014) (tla) Modified on 2/25/2014 (svc).
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Supplemental Record on Appeal for USCA5 13-10171 (related to #351 appeal): transmitted to LynnTillotsonPinkerCox on disk only by mail. (svc)
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1st Supplemental Record on Appeal (related to #351 appeal): transmitted to Kelly Hart & Hallman on disk only by hand delivery. (svc)
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1st Supplemental Record on Appeal for USCA5 13-10171 (related to #351 appeal): Record consisting of: 1 ECF electronic record, 1 Volume(s) electronic transcript, certified to USCA. To request a copy of the record (on disk or on paper), #contact the appeals deputy in advance to arrange delivery. (svc)
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Filing 372
Received letter from USCA5 regarding transcripts (svc)
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Filing 371
Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on April 25, 2012 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (57 pages) Redaction Request due 11/26/2013. Redacted Transcript Deadline set for 12/6/2013. Release of Transcript Restriction set for 2/3/2014. (ccc)
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Record on Appeal for USCA5 13-10171 (related to #351 appeal): transmitted to Lynn Tillotson Pinker Cox on disk only by mail. (svc)
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Filing 370
Received letter from USCA5 Re: The court has granted the motion to amend the record in this case. (svc)
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Filing 369
Transcript Order Form: re #351 Notice of Appeal, transcript requested by Worthington National Bank for Motion Hearing held on 4/25/12 before Judge Lindsay. (Mundt, Preston)
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Record on Appeal for USCA5 13-10171 (related to #351 appeal): Record consisting of: 2 notebooks of original exhibits, transmitted to Kelly Hart & Hallman by hand delivery. (svc)
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Record on Appeal for USCA5 13-10171 (related to #351 appeal): transmitted to Kelly Hart & Hallman on disk only by hand delivery. (svc)
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Record on Appeal for USCA5 13-10171 (related to #351 appeal): Record consisting of: 21 ECF electronic record, 11 Volume(s) electronic transcript, original exhibits, Sealed or ex parte document number(s): 5-9,52,54,267-269,292,307,312,313,337 (circuit approval is required for access), certified to USCA. To request a copy of the record (on disk or on paper), #contact the appeals deputy in advance to arrange delivery. (svc) Modified on 10/10/2013 to add seal doc 337. (svc).
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Filing 368
Findings, Conclusions, and Recommendation re: #347 Defendant Worthington National Bank's Objections to Plaintiffs' Untimely Bill of Costs and Motion to Review the Clerk's Improper Taxation of Costs. Defendant's objection to Plaintiffs' bill of costs on the basis of untimeliness should be OVERRULED, its objection to Plaintiffs' claim for service of process fees should be SUSTAINED, and its motion to review the Clerk's taxation of these fees should be GRANTED, and the amount of taxable costs should be reduced by $1,802.00, for a total of $23,038.25. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/12/2013) (mcrd)
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Filing 367
Notice of Filing of Official Electronic Transcript of Final Pretrial Conference Proceedings held on October 25, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (17 pages) Redaction Request due 8/27/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 366
Notice of Filing of Official Electronic Transcript of Pretrial Conference Proceedings held on October 11, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (229 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 365
Notice of Filing of Official Electronic Transcript of Motions Hearing Proceedings held on 03-30-2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (57 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 364
Notice of Filing of Official Electronic Transcript of Jury Trial-Volume 7 Proceedings held on November 3, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (14 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 363
Notice of Filing of Official Electronic Transcript of Jury Trial-Volume 6 Proceedings held on November 2, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (68 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 362
Notice of Filing of Official Electronic Transcript of Jury Trial-Volume 5 Proceedings held on November 1, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (194 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 361
Notice of Filing of Official Electronic Transcript of Jury Trial-Volume 4 Proceedings held on October 31, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (182 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 360
Notice of Filing of Official Electronic Transcript of Jury Trial-Volume 3 Proceedings held on October 28, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (241 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 359
Notice of Filing of Official Electronic Transcript of Jury Trial-Volume 2 Proceedings held on October 27, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (256 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 358
Notice of Filing of Official Electronic Transcript of Jury Trial-Volume 1 Proceedings held on October 26, 2011 before Judge Sam A. Lindsay. Court Reporter/Transcriber Charyse C. Crawford, CSR, RPR, Telephone number (214)753-2373. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (264 pages) Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (ccc)
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Filing 357
Received second letter from USCA5 regarding transcripts (svc)
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Filing 356
Received letter from USCA5 regarding transcripts (svc)
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Filing 355
Received letter from USCA5 regarding transcripts (svc)
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USCA Case Number 13-10171 for #351 Notice of Appeal, filed by Worthington National Bank. (svc)
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Filing 354
Transcript Order Form: re #351 Notice of Appeal, transcript requested by Worthington National Bank for Jury Trial held on March 30, 2011; October 11, 25, 2011; October 25-28, 31, 2012; November 1-3, 2012 before Judge Lindsay. (Mundt, Preston)
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Filing 353
***VACATED PER #380 ORDER***ORDER granting #352 Unopposed Motion to Approve Cash Bond and for Stay of Execution of Judgment. Accordingly, Worthington's supersedeas bond, in the amount of $3,326,146.00, is approved in the form presented, and the clerk of court shall hold such funds in an interest bearing account pending the exhaustion of all appellate remedy. The execution of the court's 6/13/2012 Judgment [Dkt. #341 ] is stayed pending exhaustion of all appellate remedies. (Ordered by Judge Sam A Lindsay on 2/15/2013) (axm) Modified on 9/25/2014 (skt).
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Filing 352
Unopposed MOTION to Stay Execution of Judgment and Approve Cash Bond filed by Worthington National Bank (Attachments: #1 Proposed Order) (Keltner, David)
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Filing 351
NOTICE OF APPEAL to the Fifth Circuit by Worthington National Bank. Filing fee $455, receipt number 0539-5121622. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Keltner, David)
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Filing 350
Order: Defendant Worthington National Bank's #347 Objections to Plaintiffs' Untimely Bill of Costs and Motion to Review the Clerk's Improper Taxation of Costs, is referred to United States Magistrate Judge Irma C. Ramirez, for hearing, if necessary, and for the United States Magistrate Judge to submit to the court proposed findings and recommendations for disposition of the motion. (Ordered by Judge Sam A Lindsay on 2/14/2013) (ykp)
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Filing 349
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #347 MOTION (Cox, John)
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Filing 348
CERTIFICATE of Conference re #347 MOTION to Review the Clerk's Improper Taxation of Costs by Preston Randolph Mundt on behalf of Worthington National Bank (Mundt, Preston)
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Filing 347
OBJECTIONS filed by Worthington National Bank re: #345 Bill of Costs and MOTION to Review the Clerk's Improper Taxation of Costs (Keltner, David) Event and docket text modified on 2/12/2013 (twd).
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Filing 346
Costs Taxed in amount of $ 24,840.25 against Worthington National Bank. (axm)
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Filing 345
AMENDED BILL OF COSTS by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. See #373(Attachments: #1 Exhibit(s)) (Cox, John) Modified on 2/25/2014 to enhance text(svc).
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Filing 344
ORDER denying #342 Motion to Set Aside Judgment. The court will not entertain any further motions in this case unless the motion relates to a clerical error or matters pertaining to an appeal. (Ordered by Judge Sam A Lindsay on 1/24/2013) (ykp)
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Filing 343
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #342 MOTION to Set Aside Judgment and Enter Judgment as a Matter of Law in Favor of Worthington National Bank or, in the Alternative, For a New Trial (Attachments: #1 Appendix) (Coale, David)
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Filing 342
MOTION to Set Aside Judgment and Enter Judgment as a Matter of Law in Favor of Worthington National Bank or, in the Alternative, For a New Trial filed by Worthington National Bank with Brief/Memorandum in Support. (Searcy, Marshall)
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Filing 341
JUDGMENT: The court issues this judgment pursuant to the Jury Verdict rendered on 11/3/2011, and the court's Memorandum Opinion and Order, filed 6/13/2012. Postjudgment interest shall accrue on the total amount of $3,326,146 as set forth in sections 2, 3, and 4 of this judgment (the amount of damages, prejudgment interest, and attorney's fees) at the applicable federal rate of.19 percent per annum from the date of entry of this judgment until it is paid in full. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Sam A Lindsay on 6/13/2012) (tln)
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Filing 340
MEMORANDUM OPINION AND ORDER: For the reasons herein stated, the court denies Worthington National Bank's #322 Motion for a Mistrial, grants Plaintiffs' #316 Motion for Attorney's Fees, and grants Plaintiffs' #302 Motion for Entry of Judgment. The court voids the three transfers totaling $2,471,330, and awards Plaintiffs damages in the amount of $2,461,330. The court also awards Plaintiffs prejudgment interest at the rate of five percent per annum, postjudgment interest at the rate of.19 percent per annum, attorney's fees in the amount of $500,000, and court costs. (Ordered by Judge Sam A Lindsay on 6/13/2012) (tln)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: Motion Hearing held on 4/25/2012...TAKEN UNDER ADVISEMENT....Order to Follow. re #316 Motion for Attorney Fees filed by General Electric Capital Corporation, GE Capital Commercial Inc, GE Capital Financial Inc, #302 Motion for Judgment filed by General Electric Capital Corporation, GE Capital Commercial Inc, GE Capital Financial Inc, #322 Motion for Miscellaneous Relief filed by Worthington National Bank. re: #316 MOTION for Attorney Fees, #302 MOTION for Judgment[Plaintiffs' Motion for Entry of Judgment], #322 MOTION for a Mistrial re #321 Order on Motion for Leave to File Worthington's Motion for a Mistrial Attorney Appearances: Plaintiff - Chris Schwegmann, Scott Tankersly, David Coale, Elizabeth McElroy; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (Exhibits admitted - SEALED Defendant's Exhibit No. 1...placed in court's exhibit room) Time in Court - 1:45. (chmb)
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Filing 339
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #333 MOTION for Leave to File Brief in Support of Its Entitlement to a Settlement Credit (Schwegmann, Christopher)
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Filing 338
ORDER as to #302 Motion for Entry of Judgment, #316 Motion for Attorney's Fees, #322 Motion for a Mistrial, #336 Brief in Support of its Entitlement to a Settlement Credit: The court sets a hearing regarding these matters on Wednesday, 4/25/2012 at 09:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 4/11/2012) (twd)
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Filing 337
(Document Restricted) Sealed Appendix in Support re: #336 Brief/Memorandum in Support of Motion, (Sealed pursuant to order dated 11/28/2011) filed by Worthington National Bank (Attachments: #1 App. 1 - 26, #2 App. 27 - 124) (Searcy, Marshall)
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Filing 336
Brief in Support of Its Entitlement to a Settlement filed by Worthington National Bank (Searcy, Marshall) Modified on 4/11/2012 (skt).
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Filing 335
ORDER granting #333 Motion for Leave to File its Brief in Support of its Entitlement to a Settlement Credit. Defendant Worthington National Bank's shall file its brief by 4/10/2012. Plaintiffs shall file a response to Defendant's brief by 4/18/2012. No reply will be permitted. The court directs the parties to confer and submit to the court by 4/13/2012, two alternative dates for the week of 4/23/2012, that they can be available for a hearing on all pending motions. (Ordered by Judge Sam A Lindsay on 4/10/2012) (twd)
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Filing 334
ORDER re #333 Motion for Leave to File its Brief in Support of its Entitlement to a Settlement Credit: In light of Defendant's motion, the court postpones the hearing scheduled for 4/10/2012, to a later date. The court will allow the parties to submit briefing on this matter and will set forth a briefing schedule and new hearing date by separate order. (Ordered by Judge Sam A Lindsay on 4/9/2012) (twd)
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Filing 333
MOTION for Leave to File Brief in Support of Its Entitlement to a Settlement Credit filed by Worthington National Bank with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Brief in Support of Its Entitlement to a Settlement Credit, #2 Proposed Order) (Searcy, Marshall)
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Filing 332
ORDER granting #331 Unopposed Motion to Continue Hearing. Motion Hearing reset for 4/10/2012 10:00 AM before Judge Sam A Lindsay re: #302 MOTION for Entry of Judgment, #316 MOTION for Attorney Fees, and #322 MOTION for a Mistrial. (Ordered by Judge Sam A Lindsay on 3/23/2012) (axm)
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Filing 331
Unopposed MOTION to Continue [Motion Requesting Coninuance of Hearing] filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Attachments: #1 Proposed Order) (McElroy, Elizabeth)
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Filing 330
ORDER: Motion Hearing set for 3/26/2012 at 02:00 PM before Judge Sam A Lindsay re: #302 MOTION for Entry of Judgment, #316 MOTION for Attorney Fees, and #322 MOTION for a Mistrial. (Ordered by Judge Sam A Lindsay on 3/16/2012) (ctf)
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Filing 329
REPLY filed by Worthington National Bank re: #322 MOTION for a Mistrial re #321 Order on Motion for Leave to File Worthington's Motion for a Mistrial (Searcy, Marshall)
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Filing 328
REPLY filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #316 MOTION for Attorney Fees (Schwegmann, Christopher)
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Filing 327
Appendix in Support filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re #326 Response/Objection, (Schwegmann, Christopher)
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Filing 326
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #322 MOTION for a Mistrial re #321 Order on Motion for Leave to File Worthington's Motion for a Mistrial (Schwegmann, Christopher)
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Filing 325
ORDER granting #324 Unopposed Motion for Leave to File Motion for Extension of Reply Deadline. Replies due by 1/5/2012 as to #316 Motion for Attorney's Fees. The court orders Plaintiffs to file their reply brief in support of their Motion for Attorneys fees by 1/5/2012. (Ordered by Judge Sam A Lindsay on 12/19/2011) (axm) Modified on 12/21/2011 (aaa).
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Filing 324
Unopposed MOTION for Leave to File Motion for Extension of Reply Deadline filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A) (Schwegmann, Christopher)
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Filing 323
Appendix in Support filed by Worthington National Bank re #322 MOTION for a Mistrial re #321 Order on Motion for Leave to File Worthington's Motion for a Mistrial (Searcy, Marshall)
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Filing 322
MOTION for a Mistrial re #321 Order on Motion for Leave to File Worthington's Motion for a Mistrial filed by Worthington National Bank with Brief/Memorandum in Support. (Searcy, Marshall)
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Filing 321
ORDER granting #319 Motion for Leave to File. Defendant should file its motion for a mistrial by 12/16/2011. (Ordered by Judge Sam A Lindsay on 12/14/2011) (ykp)
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Filing 320
RESPONSE filed by Worthington National Bank re: #316 MOTION for Attorney Fees (Searcy, Marshall)
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Filing 319
MOTION for Leave to File Motion for A Mistrial filed by Worthington National Bank with Brief/Memorandum in Support. (Attachments: #1 Motion for A Mistrial, #2 Exhibit(s) Appendix to Motion for A Mistrial) (Searcy, Marshall)
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Filing 318
ORDER denying as moot 307 Motion Emergency Motion Seeking Compliance with the Courts November 28, 2011 Order and denies Defendant's request that the court declare a mistrial. The court instructs Defendant, to seek such relief by a formal motion filed with the court in accordance with the Federal Rules of Civil Procedure and Local Civil Rules of the Northern District of Texas. Accordingly, no further motions, unless authorized herein, may be filed without leave of court. (Ordered by Judge Sam A Lindsay on 12/7/2011) (ykp)
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Filing 317
ORDER granting #314 Motion to Seal. (Ordered by Judge Sam A Lindsay on 12/7/2011) (ykp)
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Filing 316
MOTION for Attorney Fees filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Attachments: #1 Exhibit(s) Email from Mundt to Cox on 10-20-2011) (Schwegmann, Christopher)
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Filing 315
***DISREGARD PER ATTORNEY, FILED IN ERROR*** MOTION for Attorney Fees filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Attachments: #1 Exhibit(s) Email frm P Mundt to T Cox on 10-20-2011) (Schwegmann, Christopher) Modified on 12/5/2011 (axm).
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Filing 314
Unopposed MOTION to Seal Worthington's Emergency Motion Seeking Compliance with the Court's November 28, 2011 Order re 307 Emergency MOTION Seeking Compliance with Court's November 28, 2011 Order re #306 Order Setting Deadline/Hearing,, filed by Worthington National Bank (Attachments: #1 Proposed Order) (Searcy, Marshall)
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Filing 313
(Document Restricted) Sealed Appendix in Support re: #311 Reply (Sealed pursuant to order dated 11/28/2011) filed by Worthington National Bank (Searcy, Marshall)
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Filing 312
Appendix in Support filed by Worthington National Bank re #311 Reply in Support of Emergency Motion Seeking Compliance with Court's November 28, 2011 Order (Redacted) (Searcy, Marshall) Modified restirction per chambers on 12/6/2011 (alm).
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Filing 311
REPLY filed by Worthington National Bank re: 307 Emergency MOTION Seeking Compliance with Court's November 28, 2011 Order re #306 Order Setting Deadline/Hearing,, (Searcy, Marshall)
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Filing 310
Appendix in Support filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re #309 Response/Objection, (Schwegmann, Christopher)
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Filing 309
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: 307 Emergency MOTION Seeking Compliance with Court's November 28, 2011 Order re #306 Order Setting Deadline/Hearing,, (Schwegmann, Christopher)
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Filing 308
ORDER: The court orders Plaintiffs to respond to Defendants 307 Emergency MOTION Seeking Compliance by 12/2/2011 and a reply, if any, shall be filed by Monday, 12/5/2011. (Ordered by Judge Sam A Lindsay on 11/30/2011) (ykp)
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Filing 306
ORDER: The court orders that Defendant file a brief, not toexceed ten pages, and set forth the factual and legal bases for its entitlement to a credit or setoff and the amount of credit or setoff to which it is entitled. Defendant's brief is due 12/5/2011. Responses due by 12/12/2011. Motions due by 12/5/2011. Replies due by 12/16/2011. The court instructs Plaintiffs to provide Defendant copies of each settlement agreement by Monday, 11/28/2011, at 5:00 p.m., to the extent Plaintiffs have not already done so. The court directs Plaintiffs to supply it with a copy of the settlement agreements by mailing or hand-delivering copies marked confidential. (Ordered by Judge Sam A Lindsay on 11/28/2011) (ykp)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: Telephone Conference held on 11/28/2011. Attorney Appearances: Plaintiff - Trey Cox and Chris Schwegmann; Defense - Marshall Searcy and Preston Mundt. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 0:35. (chmb)
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Filing 305
ORDER: Telephone Conference set for 11/28/2011 10:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 11/22/2011) (axm)
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Filing 304
ORDER: In light of Mr. Morses conduct, the court directs counsel for Worthington National Bank to provide Mr. Morse with a copy of this order, inform him that he is not to contact any juror in this case in any manner whatsoever, and inform him that any violation of this order or further violation of Local Rule 47.1 will result in a show cause hearing to determine whether he should be held in contempt of court. Further, if the court becomes aware of additional information that warrants further inquiry, it will conduct a full investigation of the matter and take appropriate action. (Ordered by Judge Sam A Lindsay on 11/16/2011) (rrr)
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Filing 303
NOTICE Letter to Judge Lindsay re: Defendant's Proposed Final Judgment re: #298 Order, filed by Worthington National Bank (Attachments: #1 Proposed Final Judgment) (Mundt, Preston)
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Filing 302
MOTION for Judgment [Plaintiffs' Motion for Entry of Judgment] filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Attachments: #1 Exhibit(s) A - Proposed Final Judgment) (Cox, John)
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Filing 300
Jury Notes. (rrr)
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Filing 299
Jury Charge and Verdict. (rrr)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: 8th day of Jury Trial completed; Charge updates submitted; verdict returned for Plaintiff on 11/3/2011. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt.. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 2:00. (rrr) Modified on 11/7/2011 (chmb).
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Filing 298
ORDER: In light of the jury's verdict earlier today in this case, the parties are directed to confer and submit a proposed judgment. If the parties cannot agree on the language to be included in the proposed judgment, each party shall set forth its version of what should be included. This submission must be filed by 11/10/2011, 5:00 p.m. (Ordered by Judge Sam A Lindsay on 11/3/2011) (skt)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: 7th Jury Trial held on 11/2/2011. Conference with Attorneys; Charge to Jury; Closing Arguments. Court adjourned until jury verdict. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 2:45. (chmb)
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Filing 301
PLAINTIFFS' PROPOSED STIPULATION. (rrr)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: 6th day of Jury Trial held on 11/1/2011. Conference with attorneys; Plaintiff and Defendant rest; Charge Conference. Court adjourned until 8:30 a.m. 11/2/11. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (Exhibits admitted) Time in Court - 5:35. (chmb)
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Filing 297
MOTION for Judgment as a Matter of Law on Unclean Hands and Equitable Estoppel filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Coale, David)
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Filing 296
MOTION for Judgment as a Matter of Law filed by Worthington National Bank with Brief/Memorandum in Support. (Searcy, Marshall)
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Filing 295
Appendix in Support filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re #294 MOTION for Judgment [Plaintiffs' Requests for Judicial Notice] (Cox, John)
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Filing 294
MOTION for Judgment [Plaintiffs' Requests for Judicial Notice] filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Cox, John)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: 5th day of Jury Trial held on 10/31/2011. Testimony heard; In chambers conference. Court adjourned until 11/1/11 @9:00 a.m. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (Exhibits admitted) Time in Court - 5:25. (chmb)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: 4th day of Jury Trial held on 10/28/2011. Testimony heard. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (Exhibits admitted) Time in Court - 6:00. (chmb)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: 3rd day of Jury Trial held on 10/27/2011. Testimony heard. Court adjourned until 10/28/2011 @9:00 a.m. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (Exhibits admitted) Time in Court - 7:00. (chmb)
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Filing 293
Exhibit List Joint List of Exhibits to Pre-Admit by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, Worthington National Bank. (Searcy, Marshall)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: 2nd day of Jury Trial held on 10/26/2011. Opening statements; testimony begins. Court adjourned until 10/27/11 @9:00 a.m. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (Exhibits admitted) Time in Court - 7:45. (chmb)
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Filing 292
Jury Roll. (ykp)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: 1st day of Jury Trial on 10/25/2011. Jury Selection; Attorney Conference. Court adjourned until 10/26/2011 @9:00 a.m. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 5:20. (chmb)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: Pretrial Conference held on 10/25/2011. Attorney Appearances: Plaintiff - Trey Cox, Chris Schwegmann, Elizabeth McElroy, David Coale; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 0:20. (chmb)
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Filing 291
Appendix in Support filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re #290 Trial Brief, on the Effect of the Court's Rulings of Plaintiff's Motions in Limine on the Presentation of Defendant's Witnesses (Cox, John)
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Filing 290
TRIAL BRIEF on the Effect of the Court's Rulings on Plaintiff's Motions in Limine on the Presentation of Defendant's Witnesses by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (Cox, John)
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Filing 289
Amended Joint Pretrial Order. This order is subject to all pretrial and trial rulings made by the Court. (Ordered by Judge Sam A Lindsay on 10/24/2011) (rrr)
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Filing 288
Exhibit List (joint) by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, Worthington National Bank. (Cox, John)
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Filing 287
Memorandum Opinion and Order granting in part and denying in part #233 Motion in Limine. The court orders that the parties file by October 24, 2011, 5:00 p.m., a joint document that lists the exhibits to which they have agreed there will be no objection regarding admissibility at trial. (Ordered by Judge Sam A Lindsay on 10/20/2011) (ykp)
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Filing 286
NOTICE of Attorney Appearance by David S Coale on behalf of GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (Coale, David)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: Pretrial Conference held on 10/11/2011. Jury Trial scheduled for 10/25/2011 at 9:00 a.m. Attorney Appearances: Plaintiff - Trey Cox, Elizabeth McElroy, David Coale, Chris Schwegmann; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 6:30. (chmb)
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Filing 285
ORDER: Pretrial Conference reset for 10/11/2011 09:30 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 10/7/2011) (axm)
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Filing 284
Agreed MOTION to Continue (Requesting Trial Setting) filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, Worthington National Bank (McElroy, Elizabeth)
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Filing 283
ORDER: The parties met and in good faith attempted to settle the case. However, the case did not settle. (Ordered by Magistrate Judge Paul D Stickney on 9/26/2011) (dnc)
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Filing 282
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Settlement Conference held on 9/21/2011. Case did not settle. Attorney Appearances: Plaintiff - Trey Cox; Defense - Marshall Searcy, Preston Mundt. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 1:30. (lmp)
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Filing 281
SETTLEMENT CONFERENCE STATUS REPORT filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, Worthington National Bank. (McElroy, Elizabeth)
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Filing 280
Amended OBJECTIONS filed by by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #214 Exhibit List. (McElroy, Elizabeth) Modified text and linkage on 9/20/2011 (axm).
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Filing 279
OBJECTIONS filed by Worthington National Bank re: #224 Plaintiffs' Trial Exhibit List. (Searcy, Marshall) Modified text and linkage on 9/20/2011 (axm).
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Filing 278
Proposed Pretrial Order Amended Joint Pretrial Order by Worthington National Bank. (Searcy, Marshall)
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Filing 277
ORDER: Settlement Conference set for 9/21/2011 09:00 AM before Magistrate Judge Paul D Stickney. (Ordered by Magistrate Judge Paul D Stickney on 8/26/2011) (mfw)
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Filing 276
ORDER: Settlement Conference set for 9/27/2011 10:00 AM before Magistrate Judge Paul D Stickney. (Ordered by Magistrate Judge Paul D Stickney on 8/23/2011) (twd)
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Filing 275
ORDER. The court hereby refers this matter to the Honorable Magistrate Judge Paul D. Stickney to conduct the mediation. The court also authorizes Magistrate Judge Stickney to mediate the matter or take whatever steps he deems appropriate to resolve the impasse between the parties. Deadline for mediation is on or before 9/30/2011. (Ordered by Judge Sam A Lindsay on 8/10/2011) (mfw)
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Filing 274
SECOND AMENDED SCHEDULING ORDER: Pretrial Conference set for 10/11/2011 09:00 AM before Judge Sam A Lindsay. Pretrial Order due by 9/6/2011. Pretrial Materials due by 9/6/2011. This case is specially set for trial the week of 10/17/2011 before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 8/5/2011) (ndt) Modified on 8/9/2011 (axm).
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Filing 273
NOTICE of Available Trial Dates filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Schwegmann, Christopher)
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Filing 272
MEMORANDUM OPINION AND ORDER denying as moot #212 Motion to Dismiss/Lack of Jurisdiction, #249 Motion for Leave to File Surreply. (Ordered by Judge Sam A Lindsay on 7/25/2011) (skt)
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Filing 271
Sur-reply filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #212 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) (Schwegmann, Christopher)
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Filing 270
ORDER: Plaintiffs' response to Defendant's reply due by 7/18/2011. Plaintiffs are only to respond to the issue herein stated. (Ordered by Judge Sam A Lindsay on 7/13/2011) (ddb)
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Filing 266
REPLY filed by Worthington National Bank re: #212 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) (Attachments: #1 Declaration(s) of Preston Mundt) (Searcy, Marshall)
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Filing 265
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #212 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) (Attachments: #1 Appendix Part 1, #2 Appendix Part 2, #3 Appendix Part 3, #4 Appendix Part 4) (Schwegmann, Christopher)
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Filing 263
Appendix in Support filed by Worthington National Bank re #212 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 APP. 001-162, #2 APP. 163-231) (Searcy, Marshall) Modified linkage on 4/28/2011 (dnc).
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Filing 262
Brief/Memorandum in Support filed by Worthington National Bank re #212 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) (Searcy, Marshall)
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Filing 261
ORDER granting #260 Motion to Dismiss. Parties David Ashley Wright, Wright & Wright Inc terminated. (Ordered by Judge Sam A Lindsay on 4/21/2011) (dnc)
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Filing 260
Joint MOTION to Dismiss Claims filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, David Ashley Wright, Wright & Wright Inc (Attachments: #1 Proposed Order to Joint Motion to Dismiss Claims) (McElroy, Elizabeth)
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Filing 259
REPLY filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #233 MOTION in Limine and Motion to Exclude Evidence (Schwegmann, Christopher)
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Filing 258
ORDER granting #257 Plaintiffs' Unopposed Motion to Extend the Deadline for Plaintiffs to File Replies in Support of Motions in Limine. Replies due by 4/15/2011. (Ordered by Judge Sam A Lindsay on 4/12/2011) (tln)
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Filing 257
Plaintiffs' Unopposed MOTION for Extension of Time to File Reply re: #233 Motion in Limine filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Schwegmann, Christopher)
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Filing 256
ORDER: Plaintiffs are to produce to Defendant relevant documents by 4/13/2011. Motion to Dismiss due by 4/27/2011. The court vacates the current trial setting for April 2011. (Ordered by Judge Sam A Lindsay on 3/30/2011) (twd)
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Filing 255
CLARIFICATION ORDER: The court apologizes for its oversight and strikes the language in both 3/29/2011 orders re objections to Plaintiff's exhibits. (Ordered by Judge Sam A Lindsay on 3/30/2011) (dnc)
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Filing 254
ORDER ADOPTING #211 FINDINGS, CONCLUSIONS, AND RECOMMENDATION; denying #200 Motion to Strike. (Ordered by Judge Sam A Lindsay on 3/30/2011) (dnc)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: Pretrial Conference held on 3/30/2011. Attorney Appearances: Plaintiff - Chris Schwegmann, John T. Cox; Defense - Preston Mundt, Lars Berg. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 1:30. (chmb)
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Filing 253
RESPONSE filed by Worthington National Bank re: #249 MOTION for Leave to File Surreply (Searcy, Marshall)
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Filing 252
AMENDED ORDER: The court expects the parties to confer and meet regarding exhibits, and reminds them of Paragraph 10 of the 7/20/2010, Amended Scheduling Order. (Ordered by Judge Sam A Lindsay on 3/29/2011) (ndt)
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Filing 251
ORDER: The court expects the parties to confer and meet regarding exhibits, and reminds them of Paragraph 10 of the 7/20/2010, Amended Scheduling Order. (Ordered by Judge Sam A Lindsay on 3/29/2011) (ndt)
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Filing 250
ORDER Setting Deadlines as to #249 Plaintiffs' Motion for Leave to File Surreply to Defendant's Reply in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction. Responses due by 3/29/2011. (Ordered by Judge Sam A Lindsay on 3/29/2011) (ndt)
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Filing 249
MOTION for Leave to File Surreply filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A (Surreply)) (Schwegmann, Christopher)
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Filing 248
Appendix in Support filed by Worthington National Bank re #247 Response/Objection to Plaintiffs' Motion to Exclude Evidence and Motion in Limine (Attachments: #1 Declaration(s) of Preston Mundt, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Exhibit(s) A-3, #5 Exhibit(s) A-4, #6 Exhibit(s) A-5, #7 Exhibit(s) A-6, #8 Exhibit(s) A-7, #9 Exhibit(s) A-8, #10 Exhibit(s) A-9) (Searcy, Marshall)
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Filing 247
RESPONSE filed by Worthington National Bank re: #233 MOTION in Limine and Motion to Exclude Evidence (Searcy, Marshall)
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Filing 246
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #241 MOTION in Limine (McElroy, Elizabeth)
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Filing 245
REPLY filed by Worthington National Bank re: #212 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) (Searcy, Marshall)
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Filing 244
ORDER granting #243 Motion to Dismiss Claims Against Justin Prather. (Ordered by Judge Sam A Lindsay on 3/25/2011) (mfw)
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Filing 243
MOTION to Dismiss Claims Against Justin Prather filed by David Ashley Wright, Wright & Wright Inc (Thomas, Tom)
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Filing 242
OBJECTION filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #218 Proposed Jury Charge/Instructions (McElroy, Elizabeth)
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Filing 241
MOTION in Limine filed by Worthington National Bank (Searcy, Marshall)
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Filing 240
OBJECTION filed by Worthington National Bank re: #225 Designation of Deposition (Searcy, Marshall)
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Filing 239
Designation of Deposition by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (McElroy, Elizabeth)
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Filing 238
OBJECTION filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #213 Designation of Deposition (McElroy, Elizabeth)
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Filing 237
OBJECTION filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #214 Exhibit List (McElroy, Elizabeth)
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Filing 236
OBJECTION filed by Worthington National Bank re: #224 Exhibit List (Mundt, Preston)
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Filing 235
OBJECTION filed by Worthington National Bank re: #221 Proposed Jury Charge/Instructions (Mundt, Preston)
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Filing 234
OBJECTION filed by Worthington National Bank re: #223 Witness List (Mundt, Preston)
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Filing 233
MOTION in Limine and Motion to Exclude Evidence filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (McElroy, Elizabeth).
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Filing 232
Appendix in Support filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re #231 Response/Objection, to Worthington National Bank's 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction (Schwegmann, Christopher) Modified filers on 3/22/2011 (dnc).
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Filing 231
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #212 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) (Schwegmann, Christopher) Modified filers on 3/22/2011 (dnc).
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Filing 230
Designation of lead counsel Marshall M Searcy for Defendant Worthington National Bank. (Searcy, Marshall)
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Filing 229
ORDER: Set/Reset Deadlines as to #212 Motion to Dismiss/Lack of Jurisdiction. Responses due by 3/21/2011. Replies due by 3/28/2011. (Ordered by Judge Sam A Lindsay on 3/9/2011) (dnc)
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Filing 228
NOTICE of Settlement (Joint) filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, David Ashley Wright, Wright & Wright Inc (Schwegmann, Christopher)
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Filing 227
Certificate of Service for #215 Joint Pretrial Order by Plaintiffs GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (McElroy, Elizabeth) Modified on 3/9/2011 (skt).
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Filing 226
Certificate of Service for #216 Settlement Conference Status Report by Plaintiffs GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (McElroy, Elizabeth) Modified on 3/9/2011 (skt).
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Filing 225
Designation of Deposition by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (Schwegmann, Christopher)
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Filing 224
Exhibit List [Trial Exhibit List] by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (McElroy, Elizabeth)
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Filing 223
Witness List by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (McElroy, Elizabeth)
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Filing 222
Proposed Voir Dire by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (McElroy, Elizabeth)
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Filing 221
Proposed Jury Instructions filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (McElroy, Elizabeth)
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Filing 220
Witness List by Worthington National Bank. (Searcy, Marshall)
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Filing 219
Proposed Voir Dire by Worthington National Bank. (Searcy, Marshall)
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Filing 218
Proposed Jury Instructions filed by Worthington National Bank. (Searcy, Marshall)
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Filing 217
Rule 26(a)(3) Pretrial Disclosures filed by Worthington National Bank. (Attachments: #1 Exhibit(s) A - List of Exhibits) (Searcy, Marshall)
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Filing 216
SETTLEMENT CONFERENCE REPORT filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, Worthington National Bank. (Schwegmann, Christopher)
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Filing 215
Proposed Pretrial Order (Joint) by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, Worthington National Bank. (Schwegmann, Christopher)
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Filing 214
Exhibit List by Worthington National Bank. (Searcy, Marshall)
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Filing 213
Designation of Deposition by Worthington National Bank. (Searcy, Marshall)
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Filing 212
MOTION to Dismiss for Lack of Jurisdiction (Subject Matter - Rule 12(b)(1)) filed by Worthington National Bank with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) Melinda D. Wilks, #2 Declaration(s) Preston R. Mundt) (Searcy, Marshall)
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Filing 211
FINDINGS, CONCLUSIONS, AND RECOMMENDATION re: #200 Motion to Strike filed by Worthington National Bank. Worthington's motion to exclude Ghiglieri's expert testimony should be DENIED. (Ordered by Magistrate Judge Irma C Ramirez on 2/28/2011) (skt)
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Filing 210
ORDER granting #209 Unopposed Motion to Dismiss Certain Causes of Action as to Defendant Worthington National Bank. (Ordered by Judge Sam A Lindsay on 2/23/2011) (ndt)
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Filing 209
Unopposed MOTION to Dismiss Certain Causes of Action filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Attachments: #1 Proposed Order) (McElroy, Elizabeth)
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Filing 208
REPLY filed by Worthington National Bank re: #200 MOTION to Strike /Exclude Plaintiffs' Expert Witness Catherine Ghiglieri and Brief in Support (Mundt, Preston)
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Filing 207
Memorandum Opinion and Order denying #187 Motion for Summary Judgment filed by Worthington National Bank. (See Order) (Ordered by Judge Sam A Lindsay on 1/13/2011) (dnc)
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Filing 206
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #200 MOTION to Strike /Exclude Plaintiffs' Expert Witness Catherine Ghiglieri and Brief in Support (McElroy, Elizabeth)
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Filing 205
Memorandum Opinion and Order denying without prejudice #202 MOTION for Leave to File First Amended Answer filed by Worthington National Bank. (see order) (Ordered by Judge Sam A Lindsay on 1/4/2011) (tln)
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Filing 204
ORDER setting deadlines as to #200 Motion to Strike/Exclude Plaintiffs' Expert Witness Catherine Ghiglieri. Responses due by 1/7/2011. Replies due by 1/21/2011. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 12/29/2010) (axm)
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Filing 203
ORDER REFERRING #200 Worthington National Bank's Motion to Exclude Plaintiffs' Expert Witness Catherine Ghiglieri. Motion(s) referred to Magistrate Judge Irma C Ramirez. (see order) (Ordered by Judge Sam A Lindsay on 12/27/2010) (axm)
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Filing 202
MOTION for Leave to File First Amended Answer filed by Worthington National Bank with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment) (Mundt, Preston)
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E-Mail re: #201 Appendix in Support, #200 MOTION to Strike/Exclude Plaintiffs' Expert Witness Catherine Ghiglieri and Brief in Support bounced back on 12/17/10 from ashley.schieck@khh.com. Corrective action taken: Modified notice to "N" for Ms. Schieck. She is not lead counsel for this party. (cab)
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Filing 201
Appendix in Support filed by Worthington National Bank re #200 MOTION to Strike /Exclude Plaintiffs' Expert Witness Catherine Ghiglieri and Brief in Support (Attachments: #1 Exhibit(s) A - B) (Mundt, Preston)
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Filing 200
MOTION to Strike /Exclude Plaintiffs' Expert Witness Catherine Ghiglieri and Brief in Support filed by Worthington National Bank with Brief/Memorandum in Support. (Mundt, Preston)
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Filing 199
Designation of Experts by Worthington National Bank. (Attachments: #1 Exhibit(s) A - Expert Report of Connie Fenchel, #2 Exhibit(s) B - CV of Dee Kelly Jr., #3 Exhibit(s) C - CV of Marshall Searcy) (Kelly, Dee)
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Filing 198
REPLY filed by Worthington National Bank re: #187 MOTION for Summary Judgment (Kelly, Dee)
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Filing 197
Appendix in Support filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re #196 Response/Objection (Attachments: #1 Exhibit(s) Part 1, #2 Exhibit(s) Part 2, #3 Exhibit(s) Part 3, #4 Exhibit(s) Part 4, #5 Exhibit(s) Part 5, #6 Exhibit(s) Part 6, #7 Exhibit(s) Part 7, #8 Exhibit(s) Part 8, #9 Exhibit(s) Part 9) (McElroy, Elizabeth)
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Filing 196
RESPONSE filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation re: #187 MOTION for Summary Judgment (McElroy, Elizabeth)
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Filing 195
Plaintiffs' Federal Rule of Civil Procedure 26(a)(2) Expert Disclosures Pretrial Disclosures filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B - Part I, #3 Exhibit(s) B- Part II, #4 Exhibit(s) C, #5 Exhibit(s) D) (McElroy, Elizabeth)
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Filing 194
ORDER granting #193 Unopposed Motion to Extend the Deadline for Filing GECC's Response to Defendant Worthington National Bank's #187 Motion for Summary Judgment. Replies due by 9/9/2010. (Ordered by Judge Sam A Lindsay on 8/10/2010) (mcr)
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Filing 193
Unopposed Motion to Extend the Deadline for Filing GECC's Response to Defendant Worthington National Bank's #187 Motion for Summary Judgment filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation. (Attachments: #1 Proposed Order) (McElroy, Elizabeth) Modified on 8/5/2010 (mfw).
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Filing 192
NOTICE of Change of Address for Attorney Tom Thomas on behalf of David Ashley Wright, Wright & Wright Inc. (Thomas, Tom)
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Filing 191
AMENDED SCHEDULING ORDER granting #190 Agreed Motion to Extend Expert Designation Deadlines and the Discovery Deadline: Discovery due by 12/3/2010. Pretrial Conference set for 3/30/2011 09:00 AM before Judge Sam A Lindsay. Motions due by 12/17/2010. Pretrial Order due by 3/7/2011. Pretrial Materials due by 3/7/2011. This case is set for trial on this court's four-week docket beginning 4/4/2011 before Judge Sam A Lindsay. (See Order.) (Ordered by Judge Sam A Lindsay on 7/30/2010) (twd)
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Filing 190
Agreed MOTION to Extend Time Expert Designation Deadlines and the Discovery Deadline filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Attachments: #1 Proposed Order) (McElroy, Elizabeth)
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Filing 189
Appendix in Support filed by Worthington National Bank re #187 MOTION for Summary Judgment (Attachments: #1 APP. 001 - APP.080, #2 APP. 081 - APP. 142, #3 APP. 143 - APP. 203, #4 APP. 204 - APP. 225, #5 APP. 226 - APP. 295) (Kelly, Dee)
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Filing 188
Brief/Memorandum in Support filed by Worthington National Bank re #187 MOTION for Summary Judgment (Kelly, Dee)
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Filing 187
MOTION for Summary Judgment filed by Worthington National Bank (Kelly, Dee)
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Filing 186
ORDER granting #185 Plaintiffs' Unopposed Motion to Extend the Expert Designation Deadlines. See Order. (Ordered by Judge Sam A Lindsay on 7/2/2010) (svc)
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Filing 185
Unopposed MOTION to Extend Expert Designation Deadlines filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Attachments: #1 Proposed Order) (McElroy, Elizabeth)
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E-Mail re: #184 Order bounced back on 5/7/2010 from jeff.goldfarb@dlapiper.com. Corrective action taken: Noticing Discontinued for Jeffrey M. Goldfarb. (gmg)
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Filing 184
ORDER granting #183 Plaintiffs' Unopposed Motion to Dismiss Claims Against PlainsCapital Bank. PlainsCapital Bank terminated. (see order) (Ordered by Judge Sam A Lindsay on 5/7/2010) (axm)
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Filing 183
Unopposed MOTION to Dismiss Plaintiffs' Claims Against Plainscapital Bank filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation (Attachments: #1 Proposed Order) (McElroy, Elizabeth)
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Filing 182
Joint STATUS REPORT filed by GE Capital Commercial Inc, GE Capital Financial Inc, General Electric Capital Corporation, PlainsCapital Bank, Worthington National Bank, David Ashley Wright, Wright & Wright Inc. (Schwegmann, Christopher)
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Filing 181
ORDER granting #180 Unopposed MOTION to Dismiss Plaintiffs' Claims Against BBAF Enterprises, Inc., Frank Buchanan III, and Sterling Bank. (See Order.) (Ordered by Judge Sam A Lindsay on 3/25/2010) (twd)
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Filing 180
Unopposed MOTION to Dismiss Plaintiffs' Claims Against BBAF Enterprises, Inc., Frank Buchanan III, and Sterling Bank filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc (McElroy, Elizabeth)
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Filing 179
USMS Process Receipt and Return re #142 Writ of Execution. (skt)
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Filing 178
USMS Process Receipt and Return re #142 Writ of Execution. (skt)
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Filing 177
MEDIATION ORDER: The court determines that this case is appropriate for mediation. The parties are therefore directed to participate in mediation by 8/15/2010. (Ordered by Judge Sam A Lindsay on 1/21/2010) (Attachments: #1 ADR Summary Form) (klm)
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Filing 176
***VACATED PER ORDER/DOCUMENT #191*** SCHEDULING ORDER: This case is set for trial on this court's four-week docket beginning 2/7/2011. Amended Pleadings due by 4/20/2010. Joinder of Parties due by 4/20/2010. Motions due by 10/15/2010. Discovery due by 10/1/2010. Pretrial Order due by 1/10/2011. Pretrial Materials due by 1/10/2011. Status Report due by 4/20/2010. Pretrial Conference set for 2/3/2011 09:00 AM before Judge Sam A Lindsay. (see order) (Ordered by Judge Sam A Lindsay on 1/21/2010) (klm) Modified on 8/2/2010 (skt).
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Filing 175
Joint STATUS REPORT filed by Wright & Wright Inc, BBAF Enterprises Inc, GE Capital Commercial Inc, Worthington National Bank, PlainsCapital Bank, Sterling Bank, Frank Boyd Buchanan, III, General Electric Capital Corporation, GE Capital Financial Inc, David Ashley Wright. (Schwegmann, Christopher)
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Filing 174
Original ANSWER to #85 Amended Complaint filed by Sterling Bank (Leonard, Ernest)
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Filing 173
PlainsCapital Bank's Original Answer and Affirmative Defenses to #85 Second Amended Complaint and Application for Permanent Injunction filed by PlainsCapital Bank (Lockhart, Steven) Modified on 1/14/2010 (mfw).
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Filing 172
ANSWER to #85 Amended Complaint with Jury Demand filed by Worthington National Bank (Schieck, Ashley)
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Filing 171
Memorandum Opinion and Order granting in part, denying in part #97 MOTION to Dismiss for Failure to state a claim under which relief can be granted, #100 MOTION to Dismiss and, Alternatively, Motion for More Definite Statement, #103 MOTION to Dismiss for Plaintiffs' Failure to State A Claim and, Alternatively, Motion for More Definitive Statement. (see order for specifics) (Ordered by Judge Sam A Lindsay on 12/31/2009) (tln)
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Filing 170
ORDER denying as moot #104 Motion to Dismiss for Failure to State a Claim; denying as moot #154 Motion for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss; granting #168 Joint Motion to Dismiss Plaintiffs' Claims Against Texana Bank, N.A. All of GECC's claims against Texana are accordingly dismissed with prejudice. (see order) (Ordered by Judge Sam A Lindsay on 12/29/2009) (tln)
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Filing 169
ORDER granting #141 Motion for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss; granting #150 Motion for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss. (See Order) (Ordered by Magistrate Judge Irma C Ramirez on 12/22/2009) (skt)
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Filing 168
Joint MOTION to Dismiss Plaintiffs' Claims against Texana Bank, N.A. filed by GE Capital Commercial Inc, Texana Bank, General Electric Capital Corporation, GE Capital Financial Inc (Schwegmann, Christopher)
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Filing 167
REPLY filed by Sterling Bank re: #150 MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss and Brief in Support Thereof (Leonard, Ernest)
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Filing 166
ORDER granting #165 Unopposed Motion to Extend the Response Deadline for filing Plaintiffs' Response. Responses due by 12/17/2009. (Ordered by Magistrate Judge Irma C Ramirez on 12/10/2009) (mfw)
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Filing 165
Plaintiffs' Second Unopposed MOTION for Extension of Time to File Response/Reply re: #160 Unopposed MOTION for Extension of Time to File Response/Reply re: #154 MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc (McElroy, Elizabeth) Modified on 12/11/2009 (axm).
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Filing 164
ORDER granting #163 Unopposed Motion of Defendant, Sterling Bank to Extend the Reply Deadline for filing Sterling Bank's Reply to Plaintiffs' Response to Sterling Bank's Motion for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss and Brief in Support Thereof. Replies due by 12/14/2009. (Ordered by Magistrate Judge Irma C Ramirez on 12/6/2009) (klm)
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Filing 163
Sterling Bank's MOTION for Extension of Time to File Response/Reply re: #153 Order, Set/Reset Motion and F&R Deadlines, #158 Response/Objection, filed by Sterling Bank (Leonard, Ernest)
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Filing 162
REPLY filed by Worthington National Bank re: #141 MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss and Brief in Support (Schieck, Ashley)
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Filing 161
ORDER granting #160 Unopposed MOTION for Extension of Time to File Response. Responses due by 12/10/2009. (Ordered by Judge Sam A Lindsay on 11/25/2009) (mfw)
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Filing 160
Plaintiffs' Unopposed MOTION for Extension of Time to File Response/Reply Deadline re: #154 MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc (McElroy, Elizabeth)
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Filing 159
RESPONSE filed by GE Capital Commercial Inc re: #141 MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss and Brief in Support (Attachments: #1 Appendix in Response to Defendant Worthington National Bank's Motion for Protective Order to Stay Discovery) (Cox, John)
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Filing 158
RESPONSE filed by GE Capital Commercial Inc re: #150 MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss and Brief in Support Thereof (Attachments: #1 Appendix in Support to Defendant Sterling Bank's Motion for Protective Order to Stay Discovery) (Cox, John)
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Filing 157
ORDER re #130 MOTION to Quash Subpoena filed by Citibank, N.A. (see order for specifics) (Ordered by Magistrate Judge Irma C Ramirez on 11/13/09) (tln)
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Filing 156
NOTICE of Agreement with re to the Subpoena and Citibank's Motion to Quash filed by Citibank, N.A. (Kincade, John) .
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Filing 155
PROOF of Service for Subpoena served on David Nafziger on 11/7/09. (skt)
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Filing 154
MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss filed by Texana Bank with Brief/Memorandum in Support. (Attachments: #1 Text of Proposed Order) (Janecek, Michael)
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Filing 153
ORDER re #150 Motion for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss. Responses due by 11/19/2009. Replies due by 12/4/2009. (Ordered by Magistrate Judge Irma C Ramirez on 11/06/2009) (twd)
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Filing 152
ORDER REFERRING #150 Motion for Protective Order filed by Sterling Bank. Motion(s) referred to Magistrate Judge Irma C Ramirez. (Ordered by Judge Sam A Lindsay on 11/5/2009) (mfw)
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Filing 151
ORDER setting deadlines as to #141 Motion for Protective Order to Stay Discovery Pending Resolution ofMotion to Dismiss and Brief in Support. Responses due by 11/19/2009. Replies due by 12/4/2009. (Ordered by Magistrate Judge Irma C Ramirez on 11/4/2009) (tln)
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Filing 150
MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss and Brief in Support Thereof filed by Sterling Bank (Leonard, Ernest)
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Filing 149
ORDER REFERRING #141 Motion for Protective to Stay Discovery Pending Resolution of Motion to Dismiss Order filed by Worthington National Bank. (see order) Motion(s) referred to Magistrate Judge Irma C Ramirez. (Ordered by Judge Sam A Lindsay on 11/3/2009) (axm)
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Filing 148
PROOF of Service for Subpoena served on William Loots on 10/30/09. (skt)
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Filing 147
AFFIDAVIT of Service for Subpoena served on David Carver on 10/28/09. (skt)
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Filing 146
AFFIDAVIT of Service for Subpoena served on Kyle White on 10/28/09. (skt)
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Filing 145
PROOF of Service for Subpoena served on Scott Wilson on 11/2/09. (skt)
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Filing 144
PROOF of Service for Subpoena served on Glen Gatlin on 10/29/09. (skt)
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Filing 143
Abstract of Judgment issued. (dnc)
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Filing 142
Writ of Execution Issued. (dnc)
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Filing 141
MOTION for Protective Order to Stay Discovery Pending Resolution of Motion to Dismiss and Brief in Support filed by Worthington National Bank with Brief/Memorandum in Support. (Schieck, Ashley)
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Filing 140
Proof of Service for Subpoena served on Brent J. Spinks on 10/28/2009. (rrr)
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Filing 139
ORDER: The deadline to file an agreed order or joint submission is hereby extended until no later than 5:00 p.m. on Friday, 11/13/2009. (Ordered by Magistrate Judge Irma C Ramirez on 10/29/2009) (klm)
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Filing 138
Letter agreement extending deadlines from 10/15/09 order filed by Citibank, N.A. (lmm)
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Filing 137
AMENDED JUDGMENT AND PERMANENT INJUNCTION. (see order for specifics) (Ordered by Judge Sam A Lindsay on 10/23/09) (tln)
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Filing 136
***VACATED per #137 Order*** FINAL JUDGMENT AND PERMANENT INJUNCTION against Justin Prather. (see order) (Ordered by Judge Sam A Lindsay on 10/20/2009) (klm) Modified on 10/23/2009 (twd).
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Filing 135
ORDER granting #128 parties' Joint Unopposed Motion for Entry of Judgment against Defendant Justin Prather. (Ordered by Judge Sam A Lindsay on 10/20/2009) (klm)
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Filing 134
ORDER denying as moot #125 Defendants' Motion to Compel Production of Documents and Answers to Interrogatories and Brief in Support Thereof. (Ordered by Magistrate Judge Irma C Ramirez on 10/19/2009) (klm)
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Filing 133
LETTER/CORRESPONDENCE by the Parties to the Court. (dnc)
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E-Mail re: #132 Order, bounced back on 10/15/2009 from mstinnett@strlaw.com. Corrective action taken: Faxed NEF and Order. (drh)
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Filing 132
ORDER re #130 Motion to Quash Subpoena : The requested discovery which is the subject of the above-referenced motion is STAYED pending further Order of this Court, and the parties to the dispute are ORDERED to meet face-to-face to fully confer on each of the items in dispute (See Order.) (Ordered by Magistrate Judge Irma C Ramirez on 10/15/09) (twd)
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Filing 131
ORDER OF REFERENCE REFERRING #130 MOTION to Quash Subpoena filed by Citibank, N.A. Motion(s) referred to Magistrate Judge Irma C Ramirez. (See Order) (Ordered by Judge Sam A Lindsay on 10/14/09) (skt)
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Filing 130
MOTION to Quash Subpoena filed by Citibank, N.A. (Attachments: #1 Appendix, #2 Text of Proposed Order) (Kincade, John) Modified on 10/14/2009 (klm).
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Filing 129
Appendix in Support filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc, Justin Prather re #128 Unopposed MOTION for Judgment Against Justin Prather (Attachments: #1 Appendix A-Depo of Justin Prather (001-026), #2 Appendix B-(Proposed) Final Judgment (027-029)) (Schwegmann, Christopher)
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Filing 128
Unopposed MOTION for Judgment Against Justin Prather filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc, Justin Prather with Brief/Memorandum in Support. (Schwegmann, Christopher)
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Filing 127
ORDER: The parties to the instant dispute are hereby ORDERED to meet face-to-face to fully confer on each of the items in dispute. (see order) (Ordered by Magistrate Judge Irma C Ramirez on 10/1/2009) (axm)
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Filing 126
ORDER REFERRING #125 Motion to Compel Production of Documents and Answers to Interrogatories filed by Wright & Wright Inc, David Ashley Wright. Motion(s) referred to Magistrate Judge Irma C Ramirez. (Ordered by Judge Sam A Lindsay on 9/29/2009) (klm)
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Filing 125
MOTION to Compel Production of Documents and Answers to Interrogatories and Brief in Support thereof filed by Wright & Wright Inc, David Ashley Wright (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Blackwood, Beth) Modified on 9/28/2009 (skt).
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Filing 124
REPLY In Support of PlainsCapital Bank's Fed. R. Civ. P. 12(b)(6) and 9(b) Motions to Dismiss And, Alternatively, Fed. R. Civ. P. 12(e) Motion for More Definite Statement re: #100 MOTION to Dismiss PlainsCapital Bank's Fed.R.Civ.P.12(b)(6) and 9(b) Motions to Dismiss and, Alternatively, Fed.R.Civ.P. 12(e) Motion for More Definite Statement, and Brief in Support filed by PlainsCapital Bank (Lockhart, Steven)
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Filing 122
Defendant Sterling Bank's REPLY to Plaintiff's Response to re: #103 MOTION to Dismiss for Plaintiffs' Failure to State A Claim and, Alternatively, Motion for More Definitive Statement filed by Sterling Bank (Leonard, Ernest)
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Filing 121
Defendant Worthington National Bank's REPLY to Plaintiff's Response to Motion to Dismiss re: #97 MOTION to Dismiss for Failure to state a claim under which relief can be granted filed by Worthington National Bank (Kelly, Dee)
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Filing 123
ORDER granting #119 Unopposed Motion to Extend Deadline to file its Reply Brief. Replies due by 9/11/2009. (see order) (Ordered by Judge Sam A Lindsay on 9/4/09) (tln)
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Filing 120
Defendant Texana Bank, N.A's REPLY to Plaintiffs' Response to re: #104 MOTION to Dismiss for Failure to State a Claim filed by Texana Bank (Janecek, Michael)
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Filing 119
Unopposed MOTION for Extension of Time to File Response/Reply Brief in Support of Motion to Dismiss and Motion for a More Definite Statement re: #116 Response to Motion filed by PlainsCapital Bank (Lockhart, Steven)
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Filing 118
RESPONSE filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc re #104 MOTION to Dismiss for Failure to State a Claim (Cox, John)
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Filing 117
RESPONSE filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc re #103 MOTION to Dismiss, MOTION for More Definite Statement. (Cox, John) Modified on 8/25/2009 (klm).
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Filing 116
RESPONSE filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc re #100 MOTION to Dismiss, MOTION for More Definite Statement. (Cox, John) Modified on 8/25/2009 (klm).
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Filing 115
RESPONSE filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc re #97 MOTION to Dismiss for Failure to state a claim (Cox, John) Modified on 8/24/2009 (mfw).
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Filing 114
Joint STATUS REPORT filed by Wright & Wright Inc, BBAF Enterprises Inc, GE Capital Commercial Inc, Worthington National Bank, PlainsCapital Bank, Sterling Bank, Texana Bank, Frank Boyd Buchanan, III, General Electric Capital Corporation, GE Capital Financial Inc, Justin Prather, David Ashley Wright. (Schwegmann, Christopher)
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Filing 113
ORDER granting #112 Agreed MOTION for Extension of Time to File Response. Responses due by 8/21/2009 re: #97 Motion to Dismiss. Responses due by 8/24/2009 re: #100 Motion to Dismiss; Motion for More Definitive Statement, #103 Motion to Dismiss; Motion for More Definitive Statement, #104 Motion to Dismiss. (See order) (Ordered by Judge Sam A Lindsay on 8/6/2009) (mfw)
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Filing 112
Agreed MOTION for Extension of Time to File Response/Reply re: MOTION for More Definite Statement, MOTION for More Definite Statement, #97 MOTION to Dismiss for Failure to state a claim under which relief can be granted, #103 MOTION to Dismiss for Plaintiffs' Failure to State A Claim and, Alternatively, Motion for More Definitive Statement, #100 MOTION to Dismiss PlainsCapital Bank's Fed.R.Civ.P.12(b)(6) and 9(b) Motions to Dismiss and, Alternatively, Fed.R.Civ.P. 12(e) Motion for More Definite Statement, and Brief in Support, #104 MOTION to Dismiss for Failure to State a Claim filed by GE Capital Commercial Inc, PlainsCapital Bank, Sterling Bank, Texana Bank, General Electric Capital Corporation, GE Capital Financial Inc (Cox, John)
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Filing 111
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sterling Bank. (Leonard, Ernest)
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Filing 110
ORDER granting #106 Motion to Sell Certain Personal Property. (see order) (Ordered by Judge Sam A Lindsay on 7/29/2009) (axm)
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Filing 109
ORDER granting #102 Unopposed MOTION to Extend Deadlines for Attorney Conference and Status Report. The deadline for the attorney conference be extended to August 7, 2009, and the deadline for the Status Report be extended to August 21, 2009. (Ordered by Judge Sam A Lindsay on 07/29/09) (lmp)
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Filing 108
ANSWER to #85 Amended Complaint with Jury Demand filed by BBAF Enterprises Inc, Frank Boyd Buchanan, III (Daugherty, Craig)
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Filing 107
CERTIFICATE OF INTERESTED PARTIES Subject to Its Motion to Dismiss by Texana Bank identifying Corporate Parent/Other Affiliate Linden Bancshares, Inc. for Texana Bank. (Janecek, Michael) Modified on 7/29/2009 (skt).
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Filing 106
Unopposed MOTION Sell Certain Personal Property filed by Justin Prather (Yanof, Mike)
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MOTION for More Definite Statement filed by Sterling Bank. (see doc. 103 for image) (klm)
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Filing 105
Conditional ANSWER to #85 Amended Complaint with Jury Demand filed by Texana Bank. (Janecek, Michael) Modified on 7/28/2009 (klm).
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Filing 104
MOTION to Dismiss for Failure to State a Claim filed by Texana Bank with Brief/Memorandum in Support. (Attachments: #1 Text of Proposed Order) (Janecek, Michael)
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Filing 103
MOTION to Dismiss for Plaintiffs' Failure to State A Claim and, Alternatively, Motion for More Definitive Statement filed by Sterling Bank (Leonard, Ernest)
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Filing 102
Unopposed MOTION to Extend Deadlines for Attorney Conference and Status Report filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Cox, John) Modified on 7/27/2009 (klm).
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Filing 101
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by PlainsCapital Bank. (Lockhart, Steven)
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MOTION for More Definite Statement filed by PlainsCapital Bank. (see doc. 100 for image) (tln)
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Filing 100
MOTION to Dismiss and, Alternatively, Motion for More Definite Statement, and Brief in Support filed by PlainsCapital Bank (Sheehan, Connor)
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Filing 99
SUMMONS Returned Executed as to Texana Bank ; served on 7/8/2009. (lmp)
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Filing 98
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Worthington National Bank. (Kelly, Dee)
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Filing 97
MOTION to Dismiss for Failure to state a claim under which relief can be granted filed by Worthington National Bank with Brief/Memorandum in Support. (Kelly, Dee)
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Filing 96
ANSWER to #85 Amended Complaint filed by Wright & Wright Inc, David Ashley Wright (Thomas, Tom)
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Filing 95
SUMMONS Returned Executed as to Sterling Bank via its Registered Agent Janet B. Groue; served on 7/7/2009. (skt)
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Filing 94
ORDER denying #47 Motion to Dismiss for Failure to State a Claim. (See Order for specifics) (Ordered by Judge Sam A Lindsay on 7/17/09) (skt)
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Filing 93
ANSWER to #85 Amended Complaint filed by Justin Prather. (Yanof, Mike) Modified on 7/16/2009 (klm).
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Filing 92
SUMMONS Returned Executed as to PlainsCapital Bank; served on Registered Agent Scott J Luedke on 7/2/2009. (caw)
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Filing 91
SUMMONS Returned Executed as to Worthington National Bank; served on 7/2/2009. (axm)
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Filing 90
Summons Issued as to Worthington National Bank, PlainsCapital Bank, Sterling Bank, Texana Bank. (lmp)
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Filing 89
Request for Clerk to issue Summons filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Cox, John)
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Filing 88
Request for Clerk to issue Summons filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Cox, John)
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Filing 87
Request for Clerk to issue Summons filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Cox, John)
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Filing 86
Request for Clerk to issue Summons filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Cox, John)
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Filing 85
AMENDED COMPLAINT against all defendants filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. Plaintiff will submit summons(es) for issuance. (Schwegmann, Christopher)
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Filing 84
ORDER granting #82 Plaintiffs' Unopposed Motion for Leave to File a Second Amended Complaint and directs Plaintiffs to file their amended pleading within three business days of this order. (See Order) (Ordered by Judge Sam A Lindsay on 6/25/09) (skt)
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Filing 83
ORDER granting #81 Joint MOTION to Extend Time Attorney Conference and Status Report. The deadline for the attorney conference be extended to July 24, 2009, and the deadline for the Status Report be extended to August 7, 2009. (see order) (Ordered by Judge Sam A Lindsay on 06/24/09) (lmp)
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Filing 82
Unopposed MOTION for Leave to File Second Amended Complaint filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc (Attachments: #1 Exhibit Second Amended Complaint) (Cox, John)
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Filing 81
Joint MOTION to Extend Time Attorney Conference and Status Report filed by Wright & Wright Inc, BBAF Enterprises Inc, GE Capital Commercial Inc, General Electric Capital Corporation, Frank B Buchanan, GE Capital Financial Inc, Justin Prather, David Ashley Wright with Brief/Memorandum in Support. (Schwegmann, Christopher)
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Filing 80
ORDER REQUIRING ATTORNEY CONFERENCE AND STATUS REPORT: This conference shall take place no later than 6/25/2009. Status Report due by 7/10/2009. (see order) (Ordered by Judge Sam A Lindsay on 6/10/09) (tln)
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Filing 79
Plaintiffs' Reply and Affirmative Defenses to Defendants Wright & Wright and David Ashley Wrights' Counterclaims ANSWER to Counterclaim filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. Related document: #44 Answer to Amended Complaint, Crossclaim, Counterclaim,,, (Cox, John)
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Filing 78
ORDER granting #72 Plaintiffs' Agreed Motion to Extend Time for Plaintiffs to Respond to Defendants Wright & Wright and David Ashley Wright's Counterclaims and Defendants BBAF Enterprises, Inc. and Frank Buchanan III's Motion to Dismiss. Responses due by 5/22/2009. (Ordered by Judge Sam A Lindsay on 5/20/2009) (klm)
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Filing 77
Order Unfiling #75 Answer to Counterclaim filed by General Electric Capital Corporation, GE Capital Commercial Inc, GE Capital Financial Inc due to the following deficiency: A completed certificate of service as defined in FRCP 5(d) is required. (Ordered by Judge Sam A Lindsay on 5/20/2009) (klm)
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Filing 76
ORDER denying as moot #59 Willis Taubert's Motion to Dissolve or Modify Temporary Restraining Order and Deny Plaintiffs' Application for Preliminary Injunction. (Ordered by Judge Sam A Lindsay on 5/18/2009) (axm)
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Filing 75
***UNFILED PER ORDER OF 5/20/09***Plaintiffs Reply and Affirmative Defenses to Defendants Wright & Wright and David Ashley Wright's Counterclaims ANSWER to Counterclaim filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. Related document: #44 Answer to Amended Complaint, Crossclaim, Counterclaim,,, (Cox, John) Modified on 5/20/2009 (jrb).
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Filing 74
RESPONSE filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc re #47 MOTION to Dismiss for Failure to State a Claim (Cox, John)
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Filing 73
NOTICE of Attorney Appearance by John T Cox, III on behalf of General Electric Capital Corporation. (Cox, John)
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Filing 72
Agreed MOTION to Extend Time Plaintiffs' Agreed Motion to Extend Time for Plaintiffs to Respond to Defendants Wright & Wright and David Ashley Wright's Counterclaims and Defendants BBAF Enterprises, Inc. and Frank Buchanan III's Motion to Dismiss filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc (Cox, John)
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Filing 71
NOTICE of Withdrawal of Motion for Leave to File Amended Complaint filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc (Cox, John)
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Filing 70
NOTICE of Attorney Appearance by John T Cox, III, Christopher J. Schwegmann, and Elizabeth Y. McElroy on behalf of GE Capital Commercial Inc, GE Capital Financial Inc. (Cox, John) Modified on 5/4/2009 (tln).
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Filing 69
Memorandum Opinion and Order denying as moot #33 MOTION Clarify, Modify or Alternatively to Dissolve Temporary Restraining Order filed by Thomas A. Segee, Goble Family Limited Partnership, Richard B. Goble, granting in part and denying #39 MOTION Dissolve or Modify Temporary Restraining Order and Deny Plaintiffs' Application for Preliminary Injunction as to Movants filed by Scott Wilson, Michael Holsomback, Todd Minnis, Hugh Kelly, III denying as moot #66 MOTION Dissolve or Modify TRO and Deny Plaintiffs' Application for Preliminary Injunction filed by Angie Carver, David Carver, denying as moot #67 Amended MOTION Dissolve or Modify TRO and Deny Plaintiffs' Application for Preliminary Injunction filed by Angie Carver, David Carver. (see order) (Ordered by Judge Sam A Lindsay on 4/28/2009) (klm)
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Filing 68
Defendant's ANSWER to #26 Amended Complaint, filed by Justin Prather (Stinnett, Mark) Modified on 4/28/2009 (skt).
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Minute Entry for proceedings held before Judge Sam A Lindsay: Motion Hearing held on 4/24/2009 re #33 Motion for Miscellaneous Relief, filed by Thomas A. Segee, Goble Family Limited Partnership, Richard B. Goble, #39 Motion for Miscellaneous Relief, filed by Scott Wilson, Michael Holsomback, Todd Minnis, Hugh Kelly, III. Plaintiff's Motion for Preliminary Injunction GRANTED as to Dft, Justin Prather, and DENIED as to all others...order to follow. Attorney Appearances: P. Howard Bailey, Jr., Beth Ann Blackwood, David Chumbley, Craig Michael Daugherty, Jeffrey M. Goldfarb, James N. Henry, Jr., James R. Nelson, John T. Palter, Tom Thomas, James E. Ted Turner, Mike Yanof. (Court Reporter Charyse Crawford.) Time in Court: 6 hours 40 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (tsp)
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Filing 67
Amended MOTION Dissolve or Modify TRO and Deny Plaintiffs' Application for Preliminary Injunction filed by David Carver, Angie Carver with Brief/Memorandum in Support. (Bailey, P) Modified on 4/24/2009 (lmp).
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Filing 66
MOTION Dissolve or Modify TRO and Deny Plaintiffs' Application for Preliminary Injunction filed by David Carver, Angie Carver with Brief/Memorandum in Support. (Bailey, P) Modified on 4/24/2009 (lmp).
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Filing 65
ORDER: Responses due by 4/22/2009 re #33 MOTION Clarify, Modify or Alternatively to Dissolve Temporary Restraining Order; #39 MOTION Dissolve or Modify Temporary Restraining Order and Deny Plaintiffs' Application for Preliminary Injunction as to Movants. (see order) (Ordered by Judge Sam A Lindsay on 4/23/2009) (klm)
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Filing 62
Amended Certificate of Conference to #61 MOTION for Leave to File Amended Complaint by Counter Defendants GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc, Plaintiffs GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Alexander, David) Modified on 4/24/2009 (lmp).
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Filing 64
Appendix in Support filed by Wright & Wright Inc, David Ashley Wright re #63 Response in Opposition to Application for Preliminary and Permanent Injunction. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (klm)
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Filing 63
RESPONSE in Opposition filed by Wright & Wright Inc, David Ashley Wright re #1 Application for Preliminary and Permanent Injunction. (klm)
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Filing 61
MOTION for Leave to File Amended Complaint filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc (Attachments: #1 Appendix Second Amended Complaint). (Alexander, David)
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Filing 60
RESPONSE in Opposition filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc re #33 MOTION Clarify, Modify or Alternatively to Dissolve Temporary Restraining Order, #39 MOTION Dissolve or Modify Temporary Restraining Order and Deny Plaintiffs' Application for Preliminary Injunction as to Movants re MOTION for Injunction, MOTION for Injunction, #26 Amended Complaint, MOTION Dissolve or Modify Temporary Restraining Order and Deny Plaintiffs' Application for Preliminary Injunction as to Movants re MOTION for Injunction, MOTION for Injunction, (Alexander, David)
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Filing 59
MOTION to Dissolve or Modify Temporary Restraining Order and Deny Plaintiffs' Application for Preliminary Injunction as to Movant and Brief in Support filed by Willis Taubert. (Attachments: #1 Affidavit Taubert Declaration) (Turner, James)
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Filing 58
Proof of Service for Subpoena in a Civil Case served on Texanan Bank, Citizens National Bank, American State Bank on 04/16/09. (lmp)
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Filing 55
RESPONSE in Opposition filed by BBAF Enterprises Inc, Frank B Buchanan re Application for Preliminary Injunction and Writ of Attachment (Attachments: #1 Appendix) (Daugherty, Craig)
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Filing 53
Brief/Memorandum in Support filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc re Application for Preliminary Injunction (Alexander, David)
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Filing 57
Proof of Service for Subpoena in a Civil Case served on John Beakley on 04/10/09. (lmp)
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Filing 56
Proof of Service for Subpoena in a Civil Case served on Goldman Sachs Bank USA on 04/10/09. (lmp)
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Filing 51
ORDER granting #46 Motion for Withdrawal and Substitution of Counsel. Added attorney Mike Yanof for Justin Prather. Attorney Emily Coleman McCall; Jesse Keith Shumway; C Shawn Cleveland and Bruce W Collins terminated. (See Order) (Ordered by Judge Sam A Lindsay on 4/21/09) (skt)
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Filing 50
Proof of Service for Subpoena in a Civil Case served on A T & T Inc, Morgan Stanley, and JP Morgan Chase Bank on 4/17/09. (jyg) Modified on 4/22/2009 (axm).
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Filing 49
Amended MOTION to Dissolve or Modify Temporary Restraining Order and to Deny Plaintiffs' Application for Preliminary Injunction as to BBAF Enterprises, Inc. and Frank Buchanan filed by BBAF Enterprises Inc, Frank B Buchanan with Brief/Memorandum in Support. (Daugherty, Craig) Modified on 4/21/2009 (tln).
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Filing 48
MOTION to Dissolve or Modify Temporary Restraining Order and to Deny Plaintiffs' Application for Preliminary Injunction as to BBAF Enterprises, Inc. and Frank Buchanan filed by BBAF Enterprises Inc, Frank B Buchanan with Brief/Memorandum in Support. (Daugherty, Craig) Modified on 4/21/2009 (tln).
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Filing 47
MOTION to Dismiss for Failure to State a Claim filed by BBAF Enterprises Inc, Frank B Buchanan with Brief/Memorandum in Support. (Daugherty, Craig)
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Filing 46
Unopposed MOTION for Withdrawal and Substitution of Counsel filed by Justin Prather (Cleveland, C) Modified on 4/21/2009 (tln).
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Filing 45
Disclosure Statement filed by Wright & Wright Inc, David Ashley Wright (Thomas, Tom) Modified on 4/21/2009 (tln).
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Filing 44
Answer to Application for Injunctive Relief, ANSWER to #26 Amended Complaint, with Jury Demand filed by Wright & Wright Inc, David Ashley Wright, CROSSCLAIM against Justin Prather filed by Wright & Wright Inc, David Ashley Wright, COUNTERCLAIM against all plaintiffs filed by Wright & Wright Inc, David Ashley Wright (Thomas, Tom)
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Filing 43
ORDER: Motion to Clarify, Modify, or Alternatively, to Dissolve the Temporary Restraining Order; and the Motion to Dissolve or Modify Temporary Restraining Order and Deny Plaintiffs' Application for Preliminary Injunction as to Movants are set for 4/24/2009 at 09:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 4/20/09) (jyg)
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Filing 42
AFFIDAVIT of Service for Subpoena in a Civil Case served on Lehman Brothers Holding Inc on 4/14/09 by delivering to its designated agent, Susan Vertrees. (jyg)
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Filing 41
AFFIDAVIT of Service for Subpoena in a Civil Case served on Regions Bank c/o Corporation Service Company on 4/14/09 by delivering to its designated agent, Susan Vertrees. (jyg)
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Filing 40
Proof of Service for Subpoena in a Civil Case served on The Independent Bankers' Bank by Delivering to its Authorized Person, Terry Hoover, on 4/17/09. (jyg)
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Filing 39
MOTION Dissolve or Modify Temporary Restraining Order and Deny Plaintiffs' Application for Preliminary Injunction as to Movants re MOTION for Injunction, MOTION for Injunction, #26 Amended Complaint, filed by Todd Minnis, Michael Holsomback, Scott Wilson, Hugh Kelly, III with Brief/Memorandum in Support. (Attachments: #1 Appendix Declarations). Party Todd Minnis, Michael Holsomback, Scott Wilson and Hugh Kelly, III added. (Henry, James)
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Filing 37
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference on Plaintiffs' Emergency Motion to Compel Production Proceedings held on 4/16/09 before Judge Irma Ramirez. Court Reporter/Transcriber Debbie Saenz, Telephone number 214-753-2298 or debbie.saenz@yahoo.com. 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 public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 5/8/2009. Redacted Transcript Deadline set for 5/18/2009. Release of Transcript Restriction set for 7/16/2009. (dgs)
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Minute Entry for proceedings held before Magistrate Judge Irma C Ramirez: Pl's Emergency motion to compel held by telephone conference on 4/16/09. Attorney Appearances: Plaintiff - James Nelson, David Alexander, Eli Burriss, Jeffrey Goldfarb; Defense - Tom Thomas, Craig Daugherty, Shawn Cleveland, Emily McCall, Bruce Collins, Jesse Shumway. (Court Reporter Debbie Saenz) Time in Court: 1 hour 40 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (lmm)
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Filing 38
ORDER granting in part and denying in part #34 Plaintiffs Emergency Motion to Compel Production for Expedited and Authorization to Issue Subpoenas, and Emergency Motion to Preserve Evidence. Prather shall serve his amended responses and responsive documents on Plaintiffs' counsel no later than 8:00 p.m. on Monday, 4/20/2009, unless otherwise agreed by the parties. (See Order) (Ordered by Magistrate Judge Irma C Ramirez on 4/16/09) (skt) Modified on 4/20/2009 (skt).
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Filing 36
Proof of Service for Subpoena in a Civil Case served on Yahoo Inc on 04/14/09. (lmp)
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Filing 35
ORDER REFERRING #34 Emergency MOTION to Compel Production filed by General Electric Capital Corporation, GE Capital Commercial Inc, GE Capital Financial Inc. Motion(s) referred to Magistrate Judge Irma C Ramirez. (see order) (Ordered by Judge Sam A Lindsay on 04/16/09) (lmp)
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Filing 34
Emergency MOTION to Compel Production filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc with Brief/Memorandum in Support. (Attachments: #1 Appendix) (Nelson, James) Modified on 4/20/2009 (skt).
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Filing 33
MOTION Clarify, Modify or Alternatively to Dissolve Temporary Restraining Order filed by Richard B. Goble, Goble Family Limited Partnership, Thomas A. Segee (Attachments: #1 Affidavit of Richard B. Goble, #2 Affidavit of Thomas A. Segee) (Palter, John) Modified on 4/20/2009 (skt).
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Filing 32
Proof of Service for Subpoena served on P&L Consultants by delivering to Shane Butler on 4/13/09. (klm)
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Filing 31
AFFIDAVIT of Service for Subpoena served on Gwen Ingram on 3/31/09. (klm)
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Filing 30
NOTICE of Attorney Appearance by C Shawn Cleveland on behalf of Justin Prather.. Party Justin Prather added. (Cleveland, C)
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Application for Preliminary Injunction and Application for Permanent Injunction and Writ of Attachment filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (see #26 for image) (jrb)
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Filing 29
APPLICATION for Emergency Issuance of Writ of Attachment by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Attachments: #1 Affidavit Affidavit of James J. Finnerty, Esquire) (Nelson, James) Modified on 4/10/2009 (jrb).
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Filing 28
***DOCKETED IN ERROR PER ATTORNEY -SEE DOC. 29*** APPLICATION for Writ of Emergency Issuance of Writ of Attachment by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Attachments: # 1 Affidavit Affidavit of James J. Finnerty, Esq.) (Nelson, James) Modified on 4/10/2009 (klm).
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Filing 27
NOTICE of Attorney Appearance by James R Nelson on behalf of GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Nelson, James)
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Filing 26
AMENDED COMPLAINT and applications for preliminary and permanent injunctions and writ of attachment against Justin Prather, david ashley wright, Wright & Wright Inc, BBAF Enterprises Inc, Frank B Buchanan filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. Summons(es) not requested at this time. (Attachments: #1 Affidavit of James J. Finnerty) (Nelson, James)
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Filing 25
Application and Order for Admission Pro Hac Vice by Brett Ingerman for GE Capital Commercial Inc, General Electric Capital Corporation and GE Capital Financial Inc. (Ordered by Judge Sam A Lindsay on 4/6/09) (skt)
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Filing 24
ORDER granting #21 MOTION for the Setting of an Emergency Hearing; denying as moot #22 Emergency Motion to Quash Deposition Subpoena and for Protective Order; denying as moot #23 Emergency Motion for Protective Order. A hearing on Plaintiffs' request for a preliminary injunction is set for April 24, 2009, 9:00 a.m. (see order for specifics) (Ordered by Judge Sam A Lindsay on 4/6/09) (tln)
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Set Deadlines as to Plaintiff's Application for Preliminary Injunction. Hearing set for 4/24/2009 09:00 AM before Judge Sam A Lindsay. (see doc. 24 for image) (tln)
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MOTION to Quash Deposition Subpoena filed by BBAF Enterprises Inc. See doc #22 for image. (jyg)
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MOTION to Quash Deposition Subpoena filed by BBAF Enterprises Inc. See doc #18 for image. (jyg)
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Filing 23
Emergency MOTION for Protective Order filed by BBAF Enterprises Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit Notice of Deposition to BBAF, #2 Exhibit Brief, Motion for Protective Order by BBAF) (Daugherty, Craig) Modified on 4/6/2009 (jyg).
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Filing 22
MOTION for Protective Order filed by Frank B Buchanan (Attachments: #1 Exhibit Notice of Deposition of Frank Buchanan) (Daugherty, Craig)
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Filing 21
MOTION for the Setting of an Emergency Hearing re #18 MOTION for Protective Order filed by BBAF Enterprises Inc. (Daugherty, Craig) Modified on 4/6/2009 (jyg).
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Filing 20
Appendix in Support filed by BBAF Enterprises Inc re #18 Emergency MOTION for Protective Order Notice of Deposition of BBAF (Daugherty, Craig) Modified on 4/6/2009 (jyg).
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Filing 19
Brief in Support filed by BBAF Enterprises Inc re #18 Emergency MOTION for Protective Order. (Daugherty, Craig) Modified on 4/6/2009 (jyg).
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Filing 18
Emergency MOTION for Protective Order filed by BBAF Enterprises Inc with Brief/Memorandum in Support. (Daugherty, Craig) Modified on 4/6/2009 (jyg).
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Filing 17
Proof of Service for Subpoena served on Justin Prather on 3/30/09. (tln)
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Filing 16
Proof of Service for Subpoena served on TXN Property GP, LLC by delivering to Justin Laurin Prather on 3/30/09. (tln)
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Filing 15
Proof of Service for Subpoena served on Worthington National Bank, by serving James A. Kimble, Senior Vice President on 3/31/09. (tln)
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Filing 14
Proof of Service for Subpoena served on Plains Capital Bank by delivering to its corporate counsel, Scott Ludeke on 4/2/09. (tln)
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Filing 13
Proof of Service for Subpoena served on Plains Capital Bank by delivering to its corporate counsel, Scott Ludeke on 3/31/09. (tln)
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Filing 12
Proof of Service for Subpoena served on Plains Capital Bank, by delivering to its officer, Russ Oles on 3/30/09. (tln)
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Filing 11
SUMMONS Returned Executed as to Wright & Wright Inc served on 3/28/2009. (lmp)
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Filing 10
SUMMONS Returned Executed as to BBAF Enterprises Inc ; served on 3/29/2009. (lmp)
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Filing 4
MOTION to Seal filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (klm)
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Filing 3
Summons Issued as to Wright & Wright Inc, BBAF Enterprises Inc. (klm)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (klm)
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Filing 1
COMPLAINT WITH JURY DEMAND against Wright & Wright Inc, BBAF Enterprises Inc filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (Filing fee $350; Receipt number 29967) (klm)
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Application for Preliminary and Permanent Injunction filed by GE Capital Commercial Inc, General Electric Capital Corporation, GE Capital Financial Inc. (see doc. 1 for image) (klm)
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