Clapper et al v. American Realty Investors Inc et al
| David M Clapper, Atlantic Midwest LLC and Atlantic XIII LLC |
| American Realty Investors Inc, American Realty Trust Inc, Transcontinental Realty Investors Inc, Income Opportunity Realty Investors Inc, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, EQK Holdings Inc, Basic Capital Management Inc, Syntek West Inc, Realty Advisors, LLC, Realty Advisors, Inc., Realty Advisors Management, Inc., The May Trust, The Martin Trust, Transcontinental Realty Acquisition Corporation, Gene E Phillips, Henry A Butler, Robert A Jakuszeweki, Sharon Hunt, Ted R Munselle, Daniel J Moos, Donald Phillips, Mickey N Phillips, Ryan T Phillips, Gene S Bertcher, Louis Corna, John Doe, Guard Jane Doe, ABC Company, XYZ Company and Bradford Phillips |
| Swalm & Associates |
| Syntek Acquisition Corp. |
| Farmer Fuqua & Huff PC |
| 3:2014cv02970 |
| August 19, 2014 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Brantley Starr |
| Other Statutes: Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. § 1961 |
| Both |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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Filing 1097
REPLY filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #1093 MOTION for Attorney Fees (Norman, Brian)
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Filing 1096
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #1095 Response/Objection (Mychalowych, Andrew)
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Filing 1095
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #1093 MOTION for Attorney Fees (Attachments: #1 Exhibit(s) Index, Ex 1-12) (Mychalowych, Andrew)
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Filing 1094
Appendix in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #1093 MOTION for Attorney Fees (Attachments: #1 Exhibit(s) 1 (Declaration of Scott Keller), #2 Exhibit(s) 2 (Declaration of Don Swaim), #3 Exhibit(s) 3 (Declaration of Stephen Khoury), #4 Exhibit(s) 4 (Declaration of Brian Norman), #5 Exhibit(s) A (2021), #6 Exhibit(s) B (2020), #7 Exhibit(s) C (2019), #8 Exhibit(s) D (2018), #9 Exhibit(s) E (2017), #10 Exhibit(s) F (2016), #11 Exhibit(s) G (2015), #12 Exhibit(s) H (Attorney qualifications)) (Norman, Brian)
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Filing 1093
MOTION for Attorney Fees filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips with Brief/Memorandum in Support. (Norman, Brian)
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Filing 1092
ELECTRONIC ORDER: The deadline for Defendants to refile their motion for attorney fees is September 27, 2021. (Ordered by Judge Brantley Starr on 9/17/2021) (chmb)
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Record on Appeal for USCA5 21-10805 (related to #1079 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 903, 906, 1002, 1015, 1016, 1019, 1023, 1025, 1028, 1030, 1034, 1037, 1082, 1083, 1084, 1085 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 229, 253, 256, 257, 258, 259, 290, 293, 303, 306, 315, 320, 327, 332, 344, 347, 350, 365, 391, 408, 429, 432, 441, 453, 456, 468, 490, 493, 497, 500, 504, 523, 526, 532, 536, 545, 562, 566, 569, 572, 575, 577, 580, 587, 590, 596, 604, 607, 609, 618, 624, 636, 642, 650, 656, 675, 677, 689, 707, 708, 745, 757, 768, 777, 780, 811, 817, 855, 1047, 1050 (circuit approval is required for access). PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (ajb)
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Filing 1091
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re #1079 Notice of Appeal,,,, filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips. Exhibits are available for public inspection at the clerk's office. (Attachments: #1 Exhibit(s) D20, #2 Exhibit(s) D24, #3 Exhibit(s) D33, #4 Exhibit(s) D38, #5 Exhibit(s) D76, #6 Exhibit(s) D78, #7 Exhibit(s) D82, #8 Exhibit(s) D96, #9 Exhibit(s) D105, #10 Exhibit(s) D251, #11 Exhibit(s) D252, #12 Exhibit(s) D253, #13 Exhibit(s) D254, #14 Exhibit(s) D255, #15 Exhibit(s) D256, #16 Exhibit(s) D257, #17 Exhibit(s) D258, #18 Exhibit(s) D259, #19 Exhibit(s) D260, #20 Exhibit(s) D261, #21 Exhibit(s) D262, #22 Exhibit(s) D263, #23 Exhibit(s) D264, #24 Exhibit(s) D265, #25 Exhibit(s) D266, #26 Exhibit(s) D267, #27 Exhibit(s) D268, #28 Exhibit(s) D269, #29 Exhibit(s) D270, #30 Exhibit(s) D271, #31 Exhibit(s) D272, #32 Exhibit(s) D273, #33 Exhibit(s) D274, #34 Exhibit(s) D275, #35 Exhibit(s) D276, #36 Exhibit(s) D277, #37 Exhibit(s) D278, #38 Exhibit(s) D279, #39 Exhibit(s) D280, #40 Exhibit(s) D281, #41 Exhibit(s) D282, #42 Exhibit(s) D283, #43 Exhibit(s) D284, #44 Exhibit(s) D285, #45 Exhibit(s) D286, #46 Exhibit(s) D287, #47 Exhibit(s) D288, #48 Exhibit(s) D289, #49 Exhibit(s) D290, #50 Exhibit(s) D291, #51 Exhibit(s) D292, #52 Exhibit(s) D293, #53 Exhibit(s) D294, #54 Exhibit(s) D295, #55 Exhibit(s) D296, #56 Exhibit(s) D297, #57 Exhibit(s) D298, #58 Exhibit(s) D299, #59 Exhibit(s) D300, #60 Exhibit(s) D301, #61 Exhibit(s) D302, #62 Exhibit(s) D303, #63 Exhibit(s) D304, #64 Exhibit(s) D305, #65 Exhibit(s) D306, #66 Exhibit(s) D307, #67 Exhibit(s) D308, #68 Exhibit(s) D309, #69 Exhibit(s) D310, #70 Exhibit(s) D311, #71 Exhibit(s) D312, #72 Exhibit(s) D313, #73 Exhibit(s) D314, #74 Exhibit(s) D315, #75 Exhibit(s) D316, #76 Exhibit(s) D317, #77 Exhibit(s) D318, #78 Exhibit(s) D319, #79 Exhibit(s) D320, #80 Exhibit(s) D321, #81 Exhibit(s) D322, #82 Exhibit(s) D323, #83 Exhibit(s) D324, #84 Exhibit(s) D325, #85 Exhibit(s) D326, #86 Exhibit(s) D327, #87 Exhibit(s) D328, #88 Exhibit(s) D329, #89 Exhibit(s) D330, #90 Exhibit(s) D331, #91 Exhibit(s) D332, #92 Exhibit(s) D333, #93 Exhibit(s) D334, #94 Exhibit(s) D335, #95 Exhibit(s) D336, #96 Exhibit(s) D337, #97 Exhibit(s) D338, #98 Exhibit(s) D339, #99 Exhibit(s) D355, #100 Exhibit(s) D352, #101 Exhibit(s) D353, #102 Exhibit(s) D354, #103 Exhibit(s) D379) (Norman, Brian)
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Filing 1090
ELECTRONIC ORDER: Having reviewed Defendants' #1070 Motion for Attorney Fees, the Court hereby DENIES the motion WITHOUT PREJUDICE. Defendants may refile this motion with evidence substantiating their claim for reasonable attorney fees in compliance with Texas law. See Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469, 501-02 (Tex. 2019). (Ordered by Judge Brantley Starr on 9/3/2021) (chmb)
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Filing 1089
Joint Exhibit and Witness List from Trial held 5/3/2021-5/20/2021. (mla)
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Filing 1088
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #1080 MOTION to Set Aside #1078 Costs Taxed (Mychalowych, Andrew)
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Filing 1087
Electronic Copy of Admitted Hearing or Trial Exhibit(s) re #1079 Notice of Appeal,,,, filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. Exhibits are available for public inspection at the clerk's office. (Attachments: #1 Exhibit(s) Plaintiffs' admitted exhibits 5/4-5/6/21, #2 Exhibit(s) Plaintiffs' admitted exhibits 5/7-5/11/21) (Mychalowych, Andrew)
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Filing 1086
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #1080 MOTION to Set Aside #1078 Costs Taxed (Disher, Todd)
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USCA Case Number 21-10805 in USCA5 for #1079 Notice of Appeal filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC. (ajb)
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Filing 1085
Notice of Filing of Official Electronic Transcript of Trial - Volume 13 Proceedings held on 05-20-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (40 pages) Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (kaw)
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Filing 1084
Notice of Filing of Official Electronic Transcript of Trial - Volume 12 Proceedings held on 05-19-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (242 pages) Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (kaw) Modified on 8/23/2021 (chmb).
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Filing 1083
Notice of Filing of Official Electronic Transcript of Trial - Volume 11 Proceedings held on 05-18-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (255 pages) Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (kaw) Modified on 8/23/2021 (chmb).
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Filing 1082
Notice of Filing of Official Electronic Transcript of Trial - Volume 10 Proceedings held on 05-14-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (390 pages) Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (kaw)
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Filing 1081
Transcript Order Form: transcript requested by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper for Voir Dire 5/3/21, 5/5/21, Opening Statement of Pla 5/5/21, Opening Statement of Def 5/5/21, 5/13/21, Closing Argument of Pla 5/19/21, Closing Argument of Def 5/19/21, Jury Instructions 5/18/21, All Trial Proceedings 5/3/21-5/20/21 (Court Reporter: Kelli Ann Willis.) Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. Reminder to appellant: this document must also be filed with the appeals court. (Mychalowych, Andrew)
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Filing 1080
MOTION to Set Aside #1078 Costs Taxed filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 1079
NOTICE OF APPEAL as to #1069 Judgment,, to the Fifth Circuit by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. Filing fee $505, receipt number 0539-12135157. 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. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Mychalowych, Andrew)
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Filing 1078
Costs Taxed in amount of $ 107,740.10 against David M Clapper. (ndt)
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Filing 1077
REPLY filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #1070 MOTION for Attorney Fees (Norman, Brian)
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Filing 1076
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #1075 Response/Objection (Mychalowych, Andrew)
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Filing 1075
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #1070 MOTION for Attorney Fees (Mychalowych, Andrew)
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Filing 1074
ELECTRONIC ORDER: The Court ORDERS expedited briefing on the Defendants' Motion for Attorney Fees #1070 . The Plaintiffs' response is due August 5, 2021. And the Defendants' reply is due August 10, 2021. (Ordered by Judge Brantley Starr on 7/29/2021) (chmb)
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Filing 1073
Appendix in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #1072 Bill of Costs (Norman, Brian)
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Filing 1072
BILL OF COSTS by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips. (Norman, Brian)
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Filing 1071
Appendix in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #1070 MOTION for Attorney Fees (Attachments: #1 Exhibit(s) 1 (Declaration of Scott Keller), #2 Exhibit(s) 2 (Declaration of Don Swaim), #3 Exhibit(s) 3 (Declaration of Stephen Khoury), #4 Exhibit(s) 4 (Declaration of Brian Norman)) (Norman, Brian)
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Filing 1070
MOTION for Attorney Fees filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips with Brief/Memorandum in Support. (Norman, Brian)
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Filing 1069
FINAL JUDGMENT: On 5/20/2021 the jury returned a verdict in favor of the defendants. By separate order, the Court has granted the defendants' motion for judgment based on the verdict. Therefore, the Court ORDERS that this civil action is DISMISSED WITH PREJUDICE. 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 #Exhibit Guide). 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 Brantley Starr on 7/14/2021) (axm)
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Filing 1068
MEMORANDUM OPINION AND ORDER: The Court DENIES the Plaintiffs' #1052 motion for judgment as a matter of law, DENIES the Plaintiffs' #1054 motion for new trial, and GRANTS the Defendants' #1051 motion for judgment based on the verdict. By separate order the Court will enter a final judgment consistent with the verdict. (Ordered by Judge Brantley Starr on 7/14/2021) (axm)
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Filing 1067
REPLY filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #1048 MOTION for Sanctions (Khoury, Stephen)
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Filing 1066
REPLY filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #1051 MOTION for Judgment (Disher, Todd)
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Filing 1065
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #1064 Reply (Mychalowych, Andrew)
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Filing 1064
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #1054 MOTION for New Trial (Mychalowych, Andrew)
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Filing 1063
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #1062 Reply (Mychalowych, Andrew)
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Filing 1062
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #1052 MOTION for Judgment (Mychalowych, Andrew)
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Filing 1061
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #1048 MOTION for Sanctions (Ashmore, Alison)
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Filing 1060
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #1054 MOTION for New Trial (Attachments: #1 Exhibit(s) Exhibit A) (Disher, Todd)
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Filing 1059
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #1052 MOTION for Judgment (Attachments: #1 Exhibit(s) Exhibit A) (Disher, Todd)
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Filing 1058
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #1057 Response/Objection (Mychalowych, Andrew)
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Filing 1057
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #1051 MOTION for Judgment (Mychalowych, Andrew)
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Filing 1056
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #1055 Brief/Memorandum in Support of Motion (Mychalowych, Andrew)
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Filing 1055
Brief/Memorandum in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #1054 MOTION for New Trial (Mychalowych, Andrew)
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Filing 1054
MOTION for New Trial filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 1053
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #1052 MOTION for Judgment (Mychalowych, Andrew)
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Filing 1052
MOTION for Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 1051
MOTION for Judgment filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Todd Lawrence Disher added to party Bradford Phillips(pty:dft) (Disher, Todd)
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Filing 1049
Appendix in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #1048 MOTION for Sanctions (Norman, Brian)
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Filing 1048
MOTION for Sanctions filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips with Brief/Memorandum in Support. (Norman, Brian)
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Filing 1047
(Document Restricted) Sealed Order: The Bench Warrant issued on May 6, 2021 [Doc. No. 1021], is hereby VACATED. (Ordered by Judge Brantley Starr on 5/25/2021) (ndt)
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Filing 1046
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: Day 13th of Jury Trial Completed on 5/20/2021. Jury note 1 discussed with the parties. Jury returns with verdict. Verdict published. Jury polled. Jury released from further service. Court sets out post judgment schedule. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 1:00. (chmb)
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Filing 1045
Jury Notes. (ndt)
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Filing 1044
Jury Charge. (ykp)
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Filing 1043
Certification of Trial Exhibits for Jury Deliberations. (oyh)
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Filing 1042
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 12th day of Jury Trial Held on 5/19/2021. Closing arguments heard from Mr. Mychalowych, Mr. Khoury, Mr. Swaim and Mr. Shamoun. Jury deliberations begin. Jury to return tomorrow at 9:00 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim, Todd Disher. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 5:51. (chmb)
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Filing 1041
Memorandum Opinion and Order: This order offers the Court's written justification for its earlier ruling striking the rebuttal testimony of the Plaintiffs' expert, Thomas Frazee, for multiple violations of the rule sequestering witnesses. Given this interrelationship between Goolsby and Hakala's opinions, as well as the lack of distinction between the two experts in the testimony, the jury would not be able to distinguish between which parts of Frazee's rebuttal addressed Goolsby and which parts addressed Hakala. Therefore, striking Frazee's rebuttal testimony was the Court's only option to adequately cure damage to the record stemming from the violations of the sequester rule. (Ordered by Judge Brantley Starr on 5/19/2021) (oyh)
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Filing 1040
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 11th day of Jury Trial Held on 5/18/2021. Charge conference held with the parties. Court charges jury. Jury excused till tomorrow at 9:00 a.m. Parties to return tomorrow at 8:45 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim, Todd Disher. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 5:00. (chmb)
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Filing 1039
MOTION for Judgment filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. Attorney Todd Lawrence Disher added to party Gene E Phillips(pty:dft) (Disher, Todd)
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Filing 1038
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 10th day of Jury Trial Held on 5/14/2021. Testimony heard and exhibits admitted. ARI, Estate of Gene Phillips and ART rest. Plaintiff, ARI, Estate of Gene Phillips and ART close. Jury is excused for the day to return Tuesday, May 18, 2021 at 1:00 p.m. Parties to return Tuesday, May 18, 2021 at 9:00 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim, Todd Disher. (Court Reporter: Kelli Ann Willis) (Exhibits admitted) Time in Court - 6:55. (chmb)
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Filing 1037
Notice of Filing of Official Electronic Transcript of Trial - Volume 9 Proceedings held on 05-13-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (345 pages) Redaction Request due 6/4/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/12/2021. (kaw)
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Filing 1036
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 9th day of Jury Trial Held on 5/13/2021. Plaintiff rest. Court hears direct verdict motion. Direct verdict motion denied. Testimony heard and exhibits admitted. Jury is excused for the day to return tomorrow at 9:00 a.m. Parties to return tomorrow at 8:45 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (Exhibits admitted) Time in Court - 7:05. (chmb)
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Filing 1035
MOTION for Judgment filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 1034
Notice of Filing of Official Electronic Transcript of Trial - Volume 8 Proceedings held on 05-12-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (375 pages) Redaction Request due 6/3/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/11/2021. (kaw)
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Filing 1033
PLAINTIFFS' RESPONSE TO DEFENDANTS' OBJECTIONS TO #1031 PLAINTIFFS' DESIGNATION OF THE ENTIRE TESTIMONY OF ERIC REDWINE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew) Modified text on 5/13/2021 (svc).
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Filing 1032
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 8th day of Jury Trial Held on 5/12/2021. Testimony heard and exhibits admitted. Jury is excused for the day to return tomorrow at 9:00 a.m. Parties to return tomorrow at 8:30 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (Exhibits admitted) Time in Court - 7:05. (chmb)
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Filing 1031
NOTICE of Objections to Testimony of Eric Redwine filed by Bradford Phillips (Norman, Brian)
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Filing 1030
Notice of Filing of Official Electronic Transcript of Trial - Volume 7 Proceedings held on 05-11-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (373 pages) Redaction Request due 6/2/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/10/2021. (kaw)
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Filing 1029
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 7th day Jury Trial Held on 5/11/2021. Testimony heard and exhibits admitted. Jury is excused for the day to return tomorrow at 9:00 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (Exhibits admitted) Time in Court - 5:55. (chmb)
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Filing 1028
Notice of Filing of Official Electronic Transcript of Trial - Volume 6 Proceedings held on 05-10-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (390 pages) Redaction Request due 6/1/2021. Redacted Transcript Deadline set for 6/11/2021. Release of Transcript Restriction set for 8/9/2021. (kaw)
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Filing 1027
MOTION for Hearing Trial Brief filed by American Realty Investors Inc, EQK Holdings Inc with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 1026
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 6th day of Jury Trial Held on 5/10/2021. Testimony heard and exhibits admitted. Jury is excused for the day to return tomorrow at 9:00 a.m. Parties to return tomorrow at 8:45 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (Exhibits admitted) Time in Court - 6:50. (chmb)
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Filing 1025
Notice of Filing of Official Electronic Transcript of Trial - Volume 5 Proceedings held on 05-07-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (374 pages) Redaction Request due 6/1/2021. Redacted Transcript Deadline set for 6/9/2021. Release of Transcript Restriction set for 8/9/2021. (kaw) (Main Document 1025 replaced per crt reporter on 5/10/2021) (svc).
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Filing 1024
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 5th day of Jury Trial Held on 5/7/2021. Testimony heard and exhibits admitted. Jury is excused for the day to return Monday, April 10, 2021 at 9:00 a.m. Parties to return Monday at 8:15 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim, Todd Disher. (Court Reporter: Kelli Ann Willis) (Exhibits admitted) Time in Court - 6:45. (chmb)
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Filing 1023
Notice of Filing of Official Electronic Transcript of Trial - Volume 4 Proceedings held on 05-06-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (345 pages) Redaction Request due 5/28/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/5/2021. (kaw)
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Filing 1022
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 4th day of Jury Trial Held on 5/6/2021. Testimony heard and exhibits admitted. Jury release until tomorrow at 9:00 a.m. Parties to return tomorrow at 8:15 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (Exhibits admitted) Time in Court - 6:50. (chmb)
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Filing 1019
Notice of Filing of Official Electronic Transcript of Trial - Volume 3 Proceedings held on 05-05-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (380 pages) Redaction Request due 5/27/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/4/2021. (kaw)
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Filing 1018
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 3rd day of Trial. Jury Selection held on 5/5/2021. Voir Dire begins, jurors selected. Trial to begin at 1:00 p.m. with opening statements. Jury sworn. Opening statements heard from Mr. Mychalowych, Mr. Khoury and Mr. Swaim. Testimony heard. Jury is excused for the day to return tomorrow at 9:00 a.m. Parties to return tomorrow at 8:15 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 6:37. (chmb)
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Filing 1017
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: 2nd day of Jury Trial Held on 5/4/2021. Court takes up exhibits objections with the parties. Jury released to return tomorrow at 12:45 p.m. Parties to return tomorrow at 8:15 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan, John Sullivan; Defense - Stephen Khoury, Ryan Seay, Brian Norman, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 1:30. (chmb)
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Filing 1016
Notice of Filing of Official Electronic Transcript of Trial - Volume 2 Proceedings held on 05-04-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (108 pages) Redaction Request due 5/25/2021. Redacted Transcript Deadline set for 6/4/2021. Release of Transcript Restriction set for 8/2/2021. (kaw)
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Filing 1015
Notice of Filing of Official Electronic Transcript of Trial - Volume 1 Proceedings held on 05-03-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (312 pages) Redaction Request due 5/25/2021. Redacted Transcript Deadline set for 6/4/2021. Release of Transcript Restriction set for 8/2/2021. (kaw)
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Filing 1014
ORDER: The Defendants objected to Plaintiffs' exhibits 678 and 679 on the basis of relevance and undue prejudice. The Court OVERRULES those objections. The Court further OVERRULES the Plaintiffs' motion to reconsider the objection to the final slide of ARI and EQK's opening statement PowerPoint. (Ordered by Judge Brantley Starr on 5/4/2021) (ndt)
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Filing 1013
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: Jury Selection/Voir Dire held on 5/3/2021. Jury panel selected. Parties to return tomorrow at 8:15 a.m. Trial starts tomorrow at 9:00 a.m. Court is adjourned. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore, Cora Morgan; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Kayla Wells, Don Swaim. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 6:35. (chmb)
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Filing 1012
ORDER: It is ORDERED that the jury in the above styled and numbered cause be sequestered from the time they report to the jury room each day until released by the court at the end of each day. This partial sequestration will continue until a verdict is reached and the jury is formally discharged by the court or until further order of the court. (Ordered by Judge Brantley Starr on 5/3/2021) (axm)
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Filing 1011
ORDER ON JUDICIAL NOTICE: Sort of before the Court is the plaintiffs Doc. #1008 , filed as proposed findings of fact and styled as a request to take judicial notice of facts from a related bankruptcy proceeding. Accordingly, the Court construes the plaintiffs' request to take judicial notice as a motion for leave to file a motion to take judicial notice and DENIES it. (Ordered by Judge Brantley Starr on 5/1/2021) (ctf)
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Filing 1010
NOTICE of Attorney Appearance by John Clay Sullivan on behalf of Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Filer confirms contact info in ECF is current.) (Sullivan, John)
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Filing 1009
NOTICE of Objection to Requested Judicial Notice re: #1008 Proposed Findings of Fact filed by Bradford Phillips (Norman, Brian)
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Filing 1008
Proposed Findings of Fact by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Attachments: #1 Exhibit(s)) (Ashmore, Alison)
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Filing 1007
Proposed Findings of Fact by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ashmore, Alison)
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Filing 1006
Proposed Jury Charge filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ashmore, Alison)
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Filing 1005
ORDER: The Court issues this order resolving evidentiary objections to the deposition designations contained in the Joint Status Report [Doc. No. #997 ] filed by the Plaintiffs and the Defendants. (Ordered by Judge Brantley Starr on 4/29/2021) (axm)
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Filing 1004
JOINT PRE-TRIAL ORDER. (Ordered by Judge Brantley Starr on 4/29/2021) (ctf)
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Filing 1003
ORDER ON MOTIONS IN LIMINE AND MOTION FOR LEAVE: The Court GRANTS motions 1, 10, 12, and 16 and DENIES motion 45 from Doc. No. #940 . Likewise, the Court OVERRULES the Defendants' similar witness objection to Gene Phillips from Doc. No. #997 . Finally, the Court construes the Defendants' argument on the Rule 17 issue as a motion for leave and DENIES it. (Ordered by Judge Brantley Starr on 4/27/2021) (chmb) Modified on 4/28/2021 to correct judge that signed the order (ctf).
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Filing 1002
Notice of Filing of Official Electronic Transcript of Pretrial Conference Proceedings held on 04-26-2021 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (216 pages) Redaction Request due 5/18/2021. Redacted Transcript Deadline set for 5/28/2021. Release of Transcript Restriction set for 7/26/2021. (kaw)
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Filing 1001
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: Pretrial Conference held on 4/26/2021. Attorney Appearances: Plaintiff - Andrew Mychalowych, Allison Ashmore; Defense - Stephen Khoury, Ryan Seay, Blair Norris, Gregory Shamoun, Brian Norman, Don Swaim, Alex Whitman, Kayla Wells. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 3:11. (chmb)
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Filing 1000
ORDER denying [930, 932, and 982] Motions in Limine ORDER granting [931, 933, and 935] Motions in LimineORDER granting in part and denying in part [934 and 940] (Ordered by Judge Brantley Starr on 4/25/2021) (Judge Brantley Starr)
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Filing 999
NOTICE of Objection re: #997 Status Report filed by Bradford Phillips (Norman, Brian)
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Filing 998
NOTICE of Attorney Appearance by Scott A Keller for Scott A. Keller and Todd Disher on behalf of American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips. (Keller, Scott)
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Filing 997
Joint STATUS REPORT filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Mychalowych, Andrew)
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Filing 996
ELECTRONIC ORDER granting #995 Motion to Withdraw as Attorney. The Court GRANTS the Defendants' Unapposed Motion to Withdraw as Counsel #995 . Attorneys E. Leon Carter and Courtney Barksdale Perez are withdrawn as counsel and discharged from responsibilities of this case. (Ordered by Judge Brantley Starr on 4/23/2021) (chmb)
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Filing 995
Unopposed MOTION to Withdraw as Attorney filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Attachments: #1 Proposed Order) (Perez, Courtney)
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Filing 994
TRIAL PROCEDURE ORDER: The Court issues this order to govern the format of the parties' joint status report on pretrial objections to exhibits, witnesses, and deposition designations, which is due by 5pm on 4/24/2021 [Doc. No. 981 ]. (Ordered by Judge Brantley Starr on 4/21/2021) (mjr)
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Filing 993
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #940 MOTION in Limine . (Attachments: #1 Exhibit(s)) (Mychalowych, Andrew) Modified linkage and docket sheet on 4/21/2021 (oyh).
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Filing 992
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #940 MOTION in Limine (Mychalowych, Andrew)
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Filing 991
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #934 MOTION in Limine 5 (Norman, Brian)
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Filing 990
Appendix in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #989 Response/Objection to Plaintiffs' Motion in Limine No. 3 (Attachments: #1 Exhibit(s) D-K) (Norman, Brian)
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Filing 989
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #932 MOTION in Limine 3 (Norman, Brian)
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Filing 988
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #982 MOTION to Exclude the Testimony of Max Newman (Attachments: #1 Exhibit(s)) (Mychalowych, Andrew)
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Filing 987
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #933 MOTION in Limine 4 (Norman, Brian)
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Filing 986
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #935 MOTION in Limine 6 (Norman, Brian)
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Filing 985
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re: #930 MOTION in Limine 1 (Norman, Brian)
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Filing 984
ELECTRONIC Notice of Hearing. Pretrial Conference re-set for 4/26/2021 at 9:00 AM before Judge Brantley Starr. (chmb)
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Filing 983
ELECTRONIC Notice of Hearing Pretrial Conference re-set for 4/26/2021 10:00 AM before Judge Brantley Starr. (chmb)
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Filing 982
MOTION to Exclude the Testimony of Max Newman filed by Bradford Phillips. (Norman, Brian) Modified event text on 4/19/2021 (jmg).
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Filing 981
ELECTRONIC ORDER: The Court ORDERS the parties to meet and confer by April 22, 2021 to discuss and reach agreements resolving their pretrial objections to jury instructions, exhibits, witnesses, and deposition designations. The Court further ORDERS the parties to file a joint status report by 5pm April 24, 2021 detailing the agreements reached. (Ordered by Judge Brantley Starr on 4/16/2021) (chmb)
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Filing 980
ELECTRONIC ORDER: The Court ORDERS the parties to respond to one another's Motions in Limine [Doc. Nos. 930, 931, 932, 933, 934, 935, and 940] by 5:00pm on Tuesday April 20, 2021. (Ordered by Judge Brantley Starr on 4/16/2021) (chmb)
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Filing 979
Objection to and Motion to Exclude Testimony of Bob Arnett filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 978
Objection to and Motion to Exclude Testimony of Phil Lamb filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 977
Objection to and Motion to Exclude Testimony of Melody Wofford filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket sheet on 4/16/2021 (oyh).
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Filing 976
Objection to and Motion to Exclude Testimony of Mary Willett filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 975
Objection to and Motion to Exclude Testimony of Susan Allen filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 974
Objection to and Motion to Exclude Testimony of Steven Shelley filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 973
Objection to and Motion to Exclude Testimony of Roxanne Phillips filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 972
Objection to and Motion to Exclude Testimony of Ron Akin filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 971
Objection to and Motion to Exclude Testimony of Marsana De Monserat filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 970
Objection to and Motion to Exclude Testimony of Louis Corna filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 969
Objection to and Motion to Exclude Testimony of Janet Heintz filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 968
Objection to and Motion to Exclude Testimony of Gene Phillips filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 967
Objection to and Motion to Exclude Testimony of Gene Bertcher filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 966
Objection to and Motion to Exclude Testimony of Eric Redwine filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 965
Objection to and Motion to Exclude Testimony of Daniel Moos filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 964
Objection to and Motion to Exclude Testimony of Craig Landess filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 963
Objection to and Motion to Exclude Testimony of Bradford Phillips filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips (Norman, Brian) Modified docket text on 4/16/2021 (oyh).
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Filing 962
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 45 (Norman, Brian)
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Filing 961
RESPONSE to Defendants' Objections to Plaintiffs' Deposition Designations for Janet Heintz filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #923 Notice (Other) (Mychalowych, Andrew)
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Filing 960
RESPONSE to Defendants' Objections to Plaintiffs' Depositions for Mary K. Willett filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #924 Notice (Other) (Mychalowych, Andrew)
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Filing 959
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 44 (Norman, Brian)
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Filing 958
RESPONSE to Defendants' Objections to Plaintiff Deposition Designations and Defendant's Counter Designations for Gene Phillips' Depositions and Trial Testimony filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #926 Notice (Other), #927 Notice (Other), #922 Notice (Other), #925 Notice (Other), #919 Notice (Other), #921 Notice (Other), #928 Notice (Other), #920 Notice (Other) (Mychalowych, Andrew)
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Filing 957
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 43 (Norman, Brian)
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Filing 956
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 42 (Norman, Brian)
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Filing 955
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 41 (Norman, Brian)
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Filing 954
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 40 (Norman, Brian)
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Filing 953
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 39 (Norman, Brian)
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Filing 952
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 38 (Norman, Brian)
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Filing 951
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 37 (Norman, Brian)
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Filing 950
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 36 (Norman, Brian)
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Filing 949
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 35 (Norman, Brian)
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Filing 948
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 34 (Norman, Brian)
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Filing 947
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 33 (Norman, Brian)
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Filing 946
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 32 (Norman, Brian)
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Filing 945
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 31 (Norman, Brian)
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Filing 944
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 30 (Norman, Brian)
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Filing 943
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 29 (Norman, Brian)
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Filing 942
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 26 (Norman, Brian)
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Filing 941
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips re #940 MOTION in Limine No. 1 (Attachments: #1 Exhibit(s) A--Ruling on Motions to Dismiss and Convert, #2 Exhibit(s) B--Order on Motion to Alter or Amend) (Norman, Brian)
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Filing 940
MOTION in Limine filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Norman, Brian)
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Filing 939
OBJECTION filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #911 Exhibit List (Mychalowych, Andrew)
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Filing 938
OBJECTION filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #913 Proposed Pretrial Order, (Mychalowych, Andrew)
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Filing 937
OBJECTION filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #913 Proposed Pretrial Order, (Mychalowych, Andrew)
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Filing 936
TRIAL PROCEDURE ORDER. (Ordered by Judge Brantley Starr on 4/15/2021) (axm)
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Filing 935
MOTION in Limine 6 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 934
MOTION in Limine 5 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 933
MOTION in Limine 4 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s)) (Mychalowych, Andrew)
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Filing 932
MOTION in Limine 3 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s)) (Mychalowych, Andrew)
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Filing 931
MOTION in Limine 2 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 930
MOTION in Limine 1 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 929
OBJECTION filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #928 Notice (Other) (Mychalowych, Andrew)
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Filing 928
NOTICE of Defendants' Partial Counter-Designations to Plaintiffs' Designations of Depositions and Testimony filed by Bradford Phillips (Norman, Brian)
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Filing 927
NOTICE of Objections to Plaintiffs' Deposition Designations of Gene Phillips on 10/12/2016 and Defendants' Partial Counter-Designations filed by Bradford Phillips (Norman, Brian)
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Filing 926
NOTICE of Objections to Plaintiffs' Deposition Designations of Gene Phillips on 8/15/2013 and Defendants' Partial Counter-Designations filed by Bradford Phillips (Norman, Brian)
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Filing 925
NOTICE of Objections to Plaintiffs' Deposition Designations of Gene Phillips on 6/7/2017 and Defendants' Partial Counter-Designations filed by Bradford Phillips (Norman, Brian)
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Filing 924
NOTICE of Objections to Plaintiffs' Deposition Designations of Mary Willett on 9/16/2004 filed by Bradford Phillips (Norman, Brian)
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Filing 923
NOTICE of Objections to Plaintiffs' Deposition Designations of Janet Heintz 10/17/2019 filed by Bradford Phillips (Norman, Brian)
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Filing 922
NOTICE of Objections to Plaintiffs' Deposition Designations of Gene Phillips on 4/15/2003 filed by Bradford Phillips (Norman, Brian)
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Filing 921
NOTICE of Objections to Plaintiffs' Deposition Designations of Gene Phillips on 1/8/2014 filed by Bradford Phillips (Norman, Brian)
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Filing 920
NOTICE of Objections to Plaintiffs' Deposition Designations of Gene Phillips on 9/26/2013 filed by Bradford Phillips (Norman, Brian)
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Filing 919
NOTICE of Objections to Plaintiffs' Deposition Designations of Gene Phillips on 3/19/2002 filed by Bradford Phillips (Norman, Brian)
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Filing 918
OBJECTION to Plaintiffs' Witness List filed by Bradford Phillips re: #913 Proposed Pretrial Order. (Norman, Brian) Modified text on 4/13/2021 (axm).
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Filing 917
OBJECTION filed by Bradford Phillips re: #912 Exhibit List (Norman, Brian) Modified event text on 4/13/2021 (axm).
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Filing 916
OBJECTION to Proposed Jury Charge filed by Bradford Phillips re: #913 Proposed Pretrial Order. (Norman, Brian) Modified event text on 4/13/2021 (axm).
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Filing 915
CERTIFICATE OF SERVICE by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #912 Exhibit List. (Mychalowych, Andrew)
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Filing 914
ELECTRONIC ORDER: Per section 7 and 8 of the Court's Amended Trial Scheduling Order #902 , the Parties' objections and responses to each others proposed jury instructions and interrogatories, witness lists, and exhibit lists are due April 15, 2021. (Ordered by Judge Brantley Starr on 4/9/2021) (chmb)
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Filing 913
Proposed Pretrial Order Joint by Bradford Phillips. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H) (Norman, Brian)
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Filing 912
Exhibit List by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew)
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Filing 911
Exhibit List by Defendants by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips. (Norman, Brian)
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Filing 910
TRIAL BRIEF by David M Clapper. (Mychalowych, Andrew)
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Filing 909
NOTICE of Attorney Appearance by Alison R Ashmore on behalf of Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Filer confirms contact info in ECF is current.) (Ashmore, Alison)
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Filing 908
ELECTRONIC ORDER: The Preliminary Pretrial Conference set Monday, March 29, 2021 at 10:00 a.m. is hereby cancelled. (Ordered by Judge Brantley Starr on 3/23/2021) (chmb)
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Filing 907
NOTICE of Parties Joint Statement Regarding Alternate Trial Locations filed by David M Clapper (Mychalowych, Andrew)
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Filing 906
Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 02-25-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (24 pages) Redaction Request due 3/26/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/3/2021. (kaw)
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Filing 905
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: Status Conference (via zoom) held on 2/25/2021. Attorney Appearances: Plaintiff - Andrew Mychalowych, Allison Ashmore, Cora Morgan; Defense - Stephen Khoury, Don Swaim, Brian Norman. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - :25. (chmb)
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Filing 904
ELECTRONIC Notice of Hearing: Status Conference set for 2/25/2021 at 9:00 AM before Judge Brantley Starr via Zoom. Email with link to follow. Anyone other than the parties and counsel wishing to observe the hearing may contact Judge Starr's chambers for access to link. (chmb)
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Filing 903
Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 11-17-20 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (51 pages) Redaction Request due 12/29/2020. Redacted Transcript Deadline set for 1/8/2021. Release of Transcript Restriction set for 3/8/2021. (kaw)
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Filing 902
AMENDED SCHEDULING ORDER: The jury trial is scheduled on this Court's two-week docket beginning 5/3/2021 10:00 AM before Judge Brantley Starr. Pretrial Conference set for 4/19/2021 10:00 AM before Judge Brantley Starr. Pretrial Order due by 4/8/2021. Pretrial Materials due by 4/8/2021. (Ordered by Judge Brantley Starr on 12/1/2020) (ykp)
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Filing 901
ORDER: The Court reviewed the rulings in question and agrees with the opinions and judgments of the prior judges. Accordingly, the Court will not entertain motions to reconsider prior rulings in this case. The Court will not move the 5/3/2021 trial date. By separate order, the Court will set forth its pretrial procedures. (Ordered by Judge Brantley Starr on 11/30/2020) (axm)
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Filing 900
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: Status Conference held on 11/17/2020. Attorney Appearances: Plaintiff - Andrew Mychalowych, Alison Ashmore; Defense - Stephen Khoury, Ryan Seay, Brian Norman, Blair Norris, Don Swaim. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 1:07. (chmb)
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Filing 899
ELECTRONIC Notice of Hearing (In-Person): Status Conference set for 11/17/2020 at 1:00 PM in US Courthouse, Courtroom 1525, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Brantley Starr. The Court further ORDERS that this case be ADMINISTRATIVELY CLOSED until this hearing. (chmb)
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Filing 898
Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Brantley Starr for all further proceedings. Future filings should indicate the case number as: 3:14-cv-2970-X. (axm)
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Filing 897
Court Request for Recusal: Judge Sam A Lindsay recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Senior Judge A. Joe Fish for all further proceedings. Future filings should indicate the case number as: 3:14-cv-2970-G. (ctf)
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Filing 896
NOTICE of Attorney Appearance by Courtney Barksdale Perez on behalf of American Realty Investors Inc, EQK Holdings Inc. (Filer confirms contact info in ECF is current.) (Perez, Courtney)
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Filing 895
NOTICE of Attorney Appearance by E Leon Carter on behalf of American Realty Investors Inc, EQK Holdings Inc. (Filer confirms contact info in ECF is current.) (Carter, E)
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Filing 894
TRIAL SCHEDULING ORDER: This case is set for trial on this courts four-week docket beginning 5/3/2021 before Judge Sam A. Lindsay. Pretrial Order due by 8/5/2021. Pretrial Materials due by 8/5/2021. Pretrial Conference set for 4/29/2021 01:30 PM before Judge Sam A. Lindsay. (Ordered by Judge Sam A. Lindsay on 6/12/2020) (svc)
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Filing 893
NOTICE of Parties' Joint Submission Regarding Available Trial Dates re: #892 Order, filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 892
ORDER: The court directs the parties to provide in writing a joint submission by June 11, 2020, showing four agreed dates in four separate months for a trial setting, starting no earlier than February 2021. (Ordered by Judge Sam A. Lindsay on 5/28/2020) (svc)
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Filing 891
RESPONSE filed by American Realty Investors Inc re: #890 Supplemental Document (Khoury, Stephen)
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Filing 890
Supplemental Document by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper as to #888 Notice (Other) . (Mychalowych, Andrew)
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Filing 889
STATUS REPORT Regarding Trial Date in Response to Court Order DE 887 filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Bradford Phillips. (Khoury, Stephen)
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Filing 888
Submission Regarding Available Trial Dates and Estimated Trial Length re: #887 Order filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew) Modified text on 1/13/2020 (rekc).
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Filing 887
ORDER: It appears that this case is ready for a trial. The court directs the parties to provide in writing by January 10, 2020, an estimate of the time (number of days) needed to try this case and three available dates in three separate months for a trial setting, starting no early than September 2020. (Ordered by Judge Sam A. Lindsay on 1/7/2020) (ndt)
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Filing 886
ANSWER to #773 Amended Complaint, filed by Bradford Phillips. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Norman, Brian)
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Filing 885
ORDER granting #884 Motion to Permit Withdrawal and Substitution of Counsel. Attorney Joe Kendall terminated (Ordered by Judge Sam A. Lindsay on 12/12/2019) (svc)
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Filing 884
DEFENDANT AMERICAN REALTY TRUST, INC.'S MOTION TO PERMIT WITHDRAWAL AND SUBSTITUTON OF COUNSEL. (ndt)
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Filing 883
ORDER denying #881 Motion for Leave to File. (Ordered by Judge Sam A. Lindsay on 12/10/2019) (svc)
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Filing 882
ELECTRONIC ORDER granting #880 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Sam A. Lindsay on 12/10/2019) (chmb)
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Filing 881
MOTION for Leave to File 12(c) Motion for Judgment on the Pleadings filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips (Attachments: #1 12(c) Motion for Judgment)Attorney Stephen A Khoury added to party Gene E Phillips(pty:dft) (Khoury, Stephen)
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Filing 880
Unopposed MOTION for Leave to File Motion to Permit Withdrawal and Substitution of Counsel filed by American Realty Trust Inc (Attachments: #1 Exhibit(s) A - Motion to Permit Withdrawal and Substitution of Counsel, #2 Proposed Order)Attorney Don Swaim added to party American Realty Trust Inc(pty:dft) (Swaim, Don)
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Filing 879
NOTICE of Attorney Appearance by Brian Keith Norman for C. Gregory Shamoun, Brian K. Norman and J. Blair Norris on behalf of Bradford Phillips.. Party Bradford Phillips added. (Norman, Brian)
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Filing 878
Memorandum Opinion and Order: #863 Motion to Strike filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC is Granted in Part and Denied in Part. (Ordered by Judge Sam A. Lindsay on 12/2/2019) (svc)
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Filing 877
NOTICE of Certificate of Service filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 876
ANSWER to #773 Amended Complaint,, filed by American Realty Investors Inc, EQK Holdings Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Khoury, Stephen)
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Filing 875
ANSWER to #773 Amended Complaint, with Jury Demand filed by American Realty Trust Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kendall, Joe)
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Filing 874
Memorandum Opinion and Order: #865 Motion to Substitute Party filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC is granted. Bradford Phillips is hereby substituted in place of decedent Gene Phillips in this action. (Ordered by Judge Sam A. Lindsay on 11/21/2019) (svc)
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Filing 873
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #863 MOTION to Strike (Mychalowych, Andrew)
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Filing 872
NOTICE of Supplemental Fact filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 871
ORDER: To expedite matters, the court directs Plaintiffs to notify it in writing of the Probate Court's decision and provide it with a copy of any order issued by the Probate Court appointing an executor, personal representative, or administrator for the Estate of Gene Phillips. Until such time, the court holds in abeyance Plaintiffs' #865 Motion for Substitution of Party Pursuant to FRCvP 25(a)(1). (Ordered by Judge Sam A. Lindsay on 11/18/2019) (twd)
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Filing 870
RESPONSE filed by American Realty Investors Inc re: #863 MOTION to Strike (Khoury, Stephen)
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Filing 869
AMENDED CERTIFICATE of Conference re #865 MOTION to Substitute Party by Andrew W Mychalowych on behalf of Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew) Enhanced text on 11/13/2019 (dsr).
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Filing 868
ORDER: Before the court is Plaintiffs' Motion for Substitution of Party Pursuant to Fed. R. Civ. P. 25(a)(1), filed November 8, 2019 (Doc. #865 ). Counsel for Plaintiffs states in the Certificate of Conference: "I hereby certify that on November 5, 2019, I sought concurrence in this Motion from Defendants' counsel regarding the relief requested. Defendants' counsel did not respond to the request for concurrence." This Certificate of Conference is insufficient under Local Rule 7.1(a)(2) and of no assistance to the court. Accordingly, the court directs Plaintiffs counsel to file an amended Certificate of Conference no later than Wednesday, November 13, 2019. In the event Defendants' counsel does not respond to Plaintiffs' counsel's renewed attempts to confer, Plaintiffs' counsel is directed to inform the court and to detail his or her attempts to confer. Finally, this appears to be yet another instance in which the parties' legal differences are interfering with normal civility among attorneys. (Ordered by Judge Sam A. Lindsay on 11/12/2019) (ndt)
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Filing 867
ORDER: The court concludes that expedited briefing is warranted. The deadline for Defendants response to #863 Motion to Strike or, Alternatively, Motion in Limine is due by 11/15/2019. Replies due by 11/20/2019. (svc) (Ordered by Judge Sam A. Lindsay on 11/8/2019) (svc)
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Filing 866
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #865 MOTION to Substitute Party (Mychalowych, Andrew)
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Filing 865
MOTION to Substitute Party filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 864
NOTICE of Vacation Request filed by American Realty Investors Inc, EQK Holdings Inc (Khoury, Stephen)
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Filing 863
MOTION to Strike or alternatively, Motion in Limine and Brief in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. with Brief/Memorandum in Support. (ndt)
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Filing 862
Memorandum Opinion and Order the court grants in part Joint Motion to Strike All or Portions of Plaintiffs' Fifth Amended Complaint Pursuant to Rules 15(a)(2) and 41(b) of the Federal Rules of Civil Procedure (Doc. #785 ), and strikes the allegations in paragraph 38 and the Final Prayer on Page 30 of the Fifth Amended Complaint (Doc. #773 ) that were not included as allegations in the Third Amended Complaint (Doc. #373 ); grants summary judgment in favor of ARI and EQK on Plaintiffs' unjust enrichment claims, a matter raised sua sponte by Judge Fitzwater in Clapper VIII; denies Defendant Gene E. Phillips' Motion to Dismiss Plaintiffs' Complaint (Doc. #787 ); denies Defendant American Realty Investors, Inc.'s Motion to Dismiss Fifth Amended Complaint (Doc. #788 ); denies Defendant American Realty Trust, Inc.'s Motion to Dismiss Fifth Amended Complaint (Doc. #792 ); denies Defendant EQK Holdings, Inc's Amended Motion to Dismiss Fifth Amended Complaint (Doc. #794 ); grants Plaintiffs' Motion for Leave to File Motion to Strike or, Alternatively, Motion in Limine (Doc. #836 ), and directs the clerk of court to docket Plaintiffs' Motion to Strike or, Alternatively, Motion in Limine, currently on the docket as Exhibit 1 to Plaintiffs' Motion for Leave; and denies Plaintiffs' Motion for Leave to File Rule 11 Motions (Doc. #837 ). (Ordered by Judge Sam A. Lindsay on 11/7/2019) (ndt)
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Filing 861
ORDER: Before the court is Plaintiffs' Motion for Leave to File Motion for Substitution of Party Pursuant to Fed. R. Civ. P. 25(a)(1) (Doc. #849 ), filed September 10, 2019. The court grants Plaintiffs' Motion for Leave to File Motion for Substitution of Party Pursuant to Fed. R. Civ. P. 25(a)(1) (Doc. #849 ). Plaintiffs' Motion for Substitution of Party Pursuant to Fed. R. Civ. P. 25(a)(1) must be filed by November 8, 2019, contain a Certificate of Conference, and be served on all parties and nonparties in accordance with Rule 25(a)(3). (Ordered by Judge Sam A. Lindsay on 11/1/2019) (aaa)
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Filing 860
ELECTRONIC ORDER finding as moot #790 Motion to Dismiss for Failure to State a Claim in light of #794 Amended Motion to Dismiss for Failure to State a Claim. (Ordered by Judge Sam A. Lindsay on 11/1/2019) (chmb)
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Filing 859
ELECTRONIC ORDER finding as moot #857 Plaintiffs' Motion for Leave to File Surreply in light of #858 (Memorandum Opinion and Order). (Ordered by Judge Sam A. Lindsay on 11/1/2019) (chmb)
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Filing 858
MEMORANDUM OPINION AND ORDER denying #852 MOTION to Dismiss for Lack of Jurisdiction under 28 U.S.C 1367(c). (Ordered by Judge Sam A. Lindsay on 10/31/2019) (aaa)
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Filing 857
MOTION for Leave to File Sur-Reply to Defendants' Reply in Support of Their Motion to Dismiss Supplemental Claims filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 856
REPLY filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc re: #852 MOTION to Dismiss for Lack of Jurisdiction under 28 U.S.C 1367(c) (Khoury, Stephen)
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Filing 855
(Document Restricted) Sealed Appendix in Support re: #853 Response/Objection (Sealed pursuant to order dated 2/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 854
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #853 Response/Objection (Mychalowych, Andrew)
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Filing 853
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #852 MOTION to Dismiss for Lack of Jurisdiction under 28 U.S.C 1367(c) (Mychalowych, Andrew)
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Filing 852
MOTION to Dismiss for Lack of Jurisdiction under 28 U.S.C 1367(c) filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 851
ORDER granting #801 MOTION for Leave to File Defendants' Motion to Dismiss Supplemental Claims Under 28 U.S.C. Section 1367(c) and Memorandum in Support filed by Gene E Phillips. The court directs Defendants to docket their Motion to Dismiss Supplemental Claims Under 28 U.S.C. 1367(c) and Memorandum in Support, currently included as part of their Motion for Leave, on or before Friday, 10/11/2019. Responses due by 10/18/2019. Replies due by 10/23/2019. (Ordered by Judge Sam A. Lindsay on 10/10/2019) (aaa)
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Filing 850
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #849 MOTION for Leave to File Motion for Substitution (Mychalowych, Andrew)
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Filing 849
MOTION for Leave to File Motion for Substitution filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 848
NOTICE of Suggestion of Death Upon the Record filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 847
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #837 MOTION for Leave to File Rule 11 Motions (Mychalowych, Andrew)
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Filing 846
RESPONSE filed by EQK Holdings Inc re: #837 MOTION for Leave to File Rule 11 Motions (Khoury, Stephen)
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Filing 845
RESPONSE filed by American Realty Investors Inc re: #837 MOTION for Leave to File Rule 11 Motions (Khoury, Stephen)
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Filing 844
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips re: #837 MOTION for Leave to File Rule 11 Motions (Khoury, Stephen)
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Filing 843
RESPONSE filed by American Realty Trust Inc re: #837 MOTION for Leave to File Rule 11 Motions (Kendall, Joe)
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Filing 842
RESPONSE filed by Gene E Phillips re: #837 MOTION for Leave to File Rule 11 Motions (Norman, Brian)
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Filing 841
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #836 MOTION for Leave to File Motion to Strike, or alternatively, Motion in Limine (Mychalowych, Andrew)
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Filing 840
Appendix in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips re #839 Response/Objection to Motion for Leave to File Motion to Strike of, Alternatively, Motion in Limine (Norman, Brian)
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Filing 839
RESPONSE filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips re: #836 MOTION for Leave to File Motion to Strike, or alternatively, Motion in Limine (Norman, Brian)
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Filing 838
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #837 MOTION for Leave to File Rule 11 Motions (Mychalowych, Andrew)
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Filing 837
MOTION for Leave to File Rule 11 Motions filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 836
MOTION for Leave to File Motion to Strike, or alternatively, Motion in Limine filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 835
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #834 Notice (Other) (Mychalowych, Andrew)
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Filing 834
NOTICE of Plaintiffs' Objections to Defendants' Supplemental Disclosures Pursuant to Rule 26(e) dated April, 4 2019 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 833
ELECTRONIC ORDER granting #832 Motion to Withdraw as Attorney. Accordingly, the court allows Attorney Jamie Jean Gilmore to be withdrawn as counsel for Defendant American Realty Trust, Inc., and she is relieved of any further obligation to or representation of Defendant American Realty Trust, Inc. in this case. (Ordered by Judge Sam A Lindsay on 3/26/2019) (chmb)
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Filing 832
MOTION to Withdraw as Attorney filed by American Realty Trust Inc. (axm)
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Filing 831
ELECTRONIC ORDER granting #830 Motion for Leave to File. Accordingly, the court directs the clerk of court to file the Unopposed Motion to Withdraw Jamie J. Gilmore as Counsel of Record for Defendant American Realty Trust, Inc. (Doc. 830-1). (Ordered by Judge Sam A Lindsay on 3/26/2019) (chmb)
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Filing 830
Unopposed MOTION for Leave to File Unopposed Motion to Withdraw Jamie J. Gilmore as Counsel of Record for Defendant American Realty Trust, Inc. filed by American Realty Trust Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Motion to Withdraw, #2 Proposed Order) (Gilmore, Jamie)
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Filing 829
ORDER re: #826 Defendants' Emergency Motion for Extension of Time to File Reply to Plaintiffs' Response to Defendants' Motion for Leave to File Motion to Dismiss Supplemental Claims Under 28 U.S.C. 1367(c). The court grants the motion this time, and the reply (Doc. #828 ), filed 3/20/2019, is deemed timely. (Ordered by Judge Sam A Lindsay on 3/21/2019) (axm)
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Filing 828
REPLY filed by Gene E Phillips re: #801 MOTION for Leave to File Defendants' Motion to Dismiss Supplemental Claims Under 28 U.S.C. Section 1367(c) and Memorandum in Support (Norman, Brian)
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Filing 827
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #826 MOTION for Extension of Time to File Response/Reply to #815 Response/Objection, (Mychalowych, Andrew)
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Filing 826
MOTION for Extension of Time to File Response/Reply to #815 Response/Objection, filed by Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Norman, Brian)
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Filing 825
Appendix in Support filed by EQK Holdings Inc re #824 Reply (Khoury, Stephen)
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Filing 824
REPLY filed by EQK Holdings Inc re: #805 Response/Objection (Khoury, Stephen)
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Filing 823
Appendix in Support filed by American Realty Investors Inc re #822 Reply (Khoury, Stephen)
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Filing 822
REPLY filed by American Realty Investors Inc re: #802 Response/Objection (Khoury, Stephen)
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Filing 821
REPLY filed by American Realty Trust Inc re: #792 Motion to Dismiss for Failure to State a Claim (Gilmore, Jamie)
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Filing 820
Appendix in Support filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips re #819 Reply (Khoury, Stephen)
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Filing 819
REPLY filed by American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc, Gene E Phillips re: #809 Response/Objection (Khoury, Stephen)
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Filing 818
REPLY filed by Gene E Phillips re: #807 Response/Objection (Norman, Brian)
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Filing 817
(Document Restricted) Sealed Appendix in Support re: #815 Response/Objection, (Sealed pursuant to order dated 2/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 816
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #815 Response/Objection, To Defendants' Motion For Leave To File Motion To Dismiss Supplemental Claims Under 28 U.S.C. 1367(c) (Mychalowych, Andrew)
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Filing 815
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #801 MOTION for Leave to File Defendants' Motion to Dismiss Supplemental Claims Under 28 U.S.C. Section 1367(c) and Memorandum in Support (Mychalowych, Andrew)
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Filing 814
ORDER: The court grants the #812 motion. In light of the parties' agreement regarding page extensions, the court also grants Defendants #813 page extension for their reply brief. Accordingly, Plaintiffs may file a responsive brief that does not exceed 35 pages, and Defendants may file a reply that does not exceed 20 pages. (Ordered by Judge Sam A Lindsay on 3/1/2019) (mla)
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Filing 813
Emergency MOTION for Leave to File Reply Briefs in Excess of Page Limitations Set forth in Local Rule 7.2 filed by Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Norman, Brian)
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Filing 812
Emergency MOTION for Leave to File Response in Excess of Page Limitation Set Forth in Local Rule 7.2(c) and Request for Expedited Review and Ruling filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 811
(Document Restricted) Sealed Appendix in Support re: #809 Response/Objection (Sealed pursuant to order dated 2/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 810
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #809 Response/Objection (Mychalowych, Andrew)
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Filing 809
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #785 MOTION to Strike #773 Amended Complaint,, (Mychalowych, Andrew)
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Filing 808
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #807 Response/Objection (Mychalowych, Andrew)
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Filing 807
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #787 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 806
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #805 Response/Objection (Mychalowych, Andrew)
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Filing 805
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #790 Motion to Dismiss for Failure to State a Claim, #794 Amended MOTION to Dismiss Fifth Amended Complaint (Mychalowych, Andrew)
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Filing 804
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #792 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 803
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #802 Response/Objection (Mychalowych, Andrew)
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Filing 802
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #788 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 801
MOTION for Leave to File Defendants' Motion to Dismiss Supplemental Claims Under 28 U.S.C. Section 1367(c) and Memorandum in Support filed by Gene E Phillips. (Norman, Brian)
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Filing 800
ORDER granting #799 Emergency Agreed Motion for Extension of Time to File Reply Briefs in Connection With Defendants' Motions to Dismiss. The deadline for Plaintiffs to file their responsive briefs to all of Defendants' motions is February 13, 2019; and the deadline for Defendants to file reply briefs in connection with Defendants' Motion to Dismiss and Joint Motion to Strike is March 11, 2019. (Ordered by Judge Sam A Lindsay on 2/6/2019) (svc)
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Filing 799
Emergency MOTION to Extend Time filed by Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Norman, Brian)
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Filing 798
ELECTRONIC ORDER granting #796 Motion to Extend Time. Accordingly, the deadline for Plaintiffs' to file a response to Defendants' Motion to Dismiss and Joint Motion to Strike is 2/13/2019. (Ordered by Judge Sam A Lindsay on 1/25/2019) (chmb)
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Filing 797
MEMORANDUM OPINION AND ORDER denying Defendants' Motion for Leave to File Motion to Amend Scheduling Order and to Extend Expert Discovery (Doc. #774 ). (Ordered by Judge Sam A Lindsay on 1/23/2019) (zkc)
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Filing 796
Emergency MOTION to Extend Time To File Responses to Defendants' Motions to Dismiss (DE 787, 788, 790, 792, & 794) and Defendants' Joint Motion to Strike (DE 785) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Proposed Order) (Mychalowych, Andrew)
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Filing 795
ORDER: The court sua sponte vacates the March 2019 trial setting and trial materials and pretrial disclosures deadlines set forth in Judge Fitzwater's Trial Setting Order (Doc. #726 ) and denies as moot Defendants' Motion for Leave to File Motion for Continuance (Doc. #774 ), in so far as the motion requests a continuance of the trial date. The court will reset, as necessary, the vacated trial, pretrial conference, and pretrial material deadlines by a separate order once it has addressed all pending motions. As to the motion's request for the court to amend the scheduling order and extend expert discovery, that issue will be taken up in a separate opinion in the due course of business; and the parties are not to assume that the court will extend the requested deadlines. (Ordered by Judge Sam A Lindsay on 1/16/2019) (ykp)
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Filing 794
Amended MOTION to Dismiss Fifth Amended Complaint filed by EQK Holdings Inc with Brief/Memorandum in Support. (Wells, Kayla) Modified text and linkage on 1/17/2019 (axm).
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Filing 793
Appendix in Support filed by American Realty Trust, Inc re #792 Motion to Dismiss for Failure to State a Claim (Gilmore, Jamie)
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Filing 792
Motion to Dismiss for Failure to State a Claim filed by American Realty Trust, Inc with Brief/Memorandum in Support. (Gilmore, Jamie)
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Filing 791
Appendix in Support filed by EQK Holdings Inc re #790 Motion to Dismiss for Failure to State a Claim (Wells, Kayla)
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Filing 790
Motion to Dismiss for Failure to State a Claim filed by EQK Holdings Inc with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 789
Appendix in Support filed by American Realty Investors Inc re #788 Motion to Dismiss for Failure to State a Claim (Wells, Kayla)
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Filing 788
Motion to Dismiss for Failure to State a Claim filed by American Realty Investors Inc with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 787
Motion to Dismiss for Failure to State a Claim filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 786
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #785 MOTION to Strike #773 Amended Complaint,, (Khoury, Stephen)
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Filing 785
MOTION to Strike #773 Amended Complaint filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 784
ORDER granting #782 Motion for Extension of Time to File Response to #773 Fifth Amended Complaint; denying as moot #781 Motion for Extension of Time to File Responses to Fifth Amended Complaint; denying as moot #783 Emergency Motion for Contraction of Time to File Response to Motion. American Realty Investors Inc answer due 1/11/2019; American Realty Trust, Inc answer due 1/11/2019; EQK Holdings Inc answer due 1/11/2019; Gene E Phillips answer due 1/11/2019. This case is over four years old, and the court will not allow further amendment of pleadings. (Ordered by Judge Sam A Lindsay on 12/20/2018) (zkc)
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Filing 783
Emergency MOTION to Expedite Response to Emergency Motion for Extension of Time to File Responses to Fifth Amended Complaint filed by Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wells, Kayla)
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Filing 782
MOTION for Extension of Time to File Response/Reply to #773 Amended Complaint,, filed by Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wells, Kayla)
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Filing 781
Emergency MOTION for Extension of Time to File Responses to Fifth Amended Complaint filed by Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wells, Kayla)
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Filing 780
(Document Restricted) Sealed Appendix in Support re: #778 Response/Objection (Sealed pursuant to order dated 2/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 779
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #778 Response/Objection (Mychalowych, Andrew)
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Filing 778
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #774 MOTION for Leave to File Emergency Motion to Amend Scheduling Order, to Extend Expert Discovery, and Motion for Continuance (Mychalowych, Andrew)
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Filing 777
Court Request for Recusal: Judge Karen Gren Scholer recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Sam A Lindsay for all further proceedings. Future filings should indicate the case number as: 3:14-cv-2970-L. (ctf) (ctf).
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Filing 776
ORDER: The undersigned hereby RECUSES himself from hearing the above-styled and numbered civil action. The Clerk of the Court is directed to reassign this civil action to a judge who is currently accepting the assignment of Dallas Division civil cases. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Senior Judge Sam R Cummings no longer assigned to case. (Ordered by Senior Judge Sam R Cummings on 12/11/2018) (ykp)
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Filing 775
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #774 MOTION for Leave to File Emergency Motion to Amend Scheduling Order, to Extend Expert Discovery, and Motion for Continuance (Attachments: #1 Additional Page(s)) (Khoury, Stephen)
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Filing 774
MOTION for Leave to File Emergency Motion to Amend Scheduling Order, to Extend Expert Discovery, and Motion for Continuance filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 773
AMENDED COMPLAINT WITH JURY DEMAND Fifth Amended against American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Mychalowych, Andrew)
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Filing 772
Court Request for Reassignment: Judge Sidney A Fitzwater no longer assigned to case. Pursuant to instruction in Special Order 3, the Clerk has reassigned the case to Judge Sam R Cummings for all further proceedings. Future filings should indicate the case number as: 3:14-CV-2970-C. (axm)
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Filing 771
ORDER denying without prejudice #765 MOTION for Leave to File Motion for Ruling By the Court On Defendants' Previously Filed Motion to Strike Unauthorized Pleadings and Prayer in Plaintiffs' Fourth Amended Complaint filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips. (Ordered by Senior Judge Sidney A Fitzwater on 11/16/2018) (Senior Judge Sidney A Fitzwater)
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Filing 770
MEMORANDUM OPINION AND ORDER denying without prejudice #737 Motion to Amend the Scheduling Order and Extend Expert Discovery filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips; overruling as moot #746 OBJECTION to a Magistrate Judge Order #741 re: Motion for Protective Order filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper; granting in part, denying in part #749 Plaintiffs' Motion to Clarify or Correct the Court's Statement as to the Operative Complaint in the Court's Summary Judgment Ruling #725 Pursuant to Fed. R. Civ. P 60(a) or Fed. R. Civ. P. 54(b), or in the alternative, Motion to File Fifth Amended Complaint, or in the Alternative, Motion for Entry of Default, filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper; and denying #750 Motion to Reconsider in Part the Court's Denial of His Motion for Summary Judgment in Memorandum Opinion and Order [725 ] filed by Gene E Phillips. The undersigned has taken senior status and is today requesting that this case be reassigned to a judge who is accepting the assignment of civil cases in the Dallas Division (Ordered by Senior Judge Sidney A Fitzwater on 11/16/2018) (Senior Judge Sidney A Fitzwater)
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Case Reassigned to Senior Judge Sam R Cummings. Senior Judge Sidney A Fitzwater no longer assigned to the case. See #770 (svc)
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Filing 769
REPLY filed by Gene E Phillips re: #750 MOTION for Reconsideration re #725 Memorandum Opinion and Order. (Wells, Kayla)
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Filing 768
(Document Restricted) Sealed Appendix in Support re: #766 Reply (Sealed pursuant to order dated 2/26/2026) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 767
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #766 Reply (Mychalowych, Andrew)
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Filing 766
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #749 MOTION to Amend/Correct (Mychalowych, Andrew)
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Filing 765
MOTION for Leave to File Motion for Ruling By the Court On Defendants' Previously Filed Motion to Strike Unauthorized Pleadings and Prayer in Plaintiffs' Fourth Amended Complaint filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Khoury, Stephen)
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Filing 764
ELECTRONIC ORDER granting #762 Emergency MOTION for Leave to File Reply Brief in Excess of Page Limitations Set Forth in Local Rule 7.2 and Request for Expedited Review and Ruling filed by Gene E Phillips. The motion is granted. (Ordered by Senior Judge Sidney A Fitzwater on 11/13/2018) (Senior Judge Sidney A Fitzwater)
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Filing 763
ELECTRONIC ORDER granting #761 Emergency MOTION for Leave to File Reply Brief in Excess of Page Limitation Set Forth in Local Rule 7.2(c) and Request for Expedited Review and Ruling filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. The motion is granted. (Ordered by Senior Judge Sidney A Fitzwater on 11/13/2018) (Senior Judge Sidney A Fitzwater)
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Filing 762
Emergency MOTION for Leave to File Reply Brief in Excess of Page Limitations Set Forth in Local Rule 7.2 and Request for Expedited Review and Ruling filed by Gene E Phillips (Wells, Kayla)
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Filing 761
Emergency MOTION for Leave to File Reply Brief in Excess of Page Limitation Set Forth in Local Rule 7.2(c) and Request for Expedited Review and Ruling filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 760
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #746 Objection/Response to Magistrate Judge Order, (Mychalowych, Andrew)
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Filing 759
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #758 Response/Objection (Khoury, Stephen)
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Filing 758
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #749 MOTION to Amend/Correct (Khoury, Stephen)
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Filing 757
(Document Restricted) Sealed Appendix in Support re: #755 Response/Objection (Sealed pursuant to order dated 2/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 756
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #755 Response/Objection (Mychalowych, Andrew)
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Filing 755
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #750 MOTION for Reconsideration re #725 Memorandum Opinion and Order,,,,,,,,, (Mychalowych, Andrew)
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Filing 754
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #746 Objection/Response to Magistrate Judge Order, (Khoury, Stephen)
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Filing 753
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #752 Reply (Attachments: #1 Additional Page(s)) (Khoury, Stephen)
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Filing 752
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #737 Motion to Amend Scheduling Order and Extend Discovery. (Khoury, Stephen) Modified text and linkage on 10/16/2018 (axm).
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Filing 751
Appendix in Support filed by Gene E Phillips re #750 MOTION for Reconsideration re #725 Memorandum Opinion and Order. (Attachments: #1 Exhibit(s)) (ykp)
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Filing 750
Motion to Reconsider in Part the Court's Denial of His Motion for Summary Judgment in Memorandum Opinion and Order [Doc. #725 ] filed by Gene E Phillips with Brief/Memorandum in Support. (ykp)
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Filing 749
Plaintiff's Motion to Clarify or Correct the Court's Statement as to the Operative Complaint in the Court's Summary Judgment Ruling (DE #725 ) Pursuant to Fed. R. Civ. P 60(a) or Fed. R. Civ. P. 54(b), or in the alternative, Motion to File Fifth Amended Complaint, or in the Alternative, Motion for Entry of Default, and Incorporated Brief in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (ykp)
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Filing 748
ORDER granting #739 Motion for leave to file Motion to clarify or correct the court's statement as to the operative complaint in the court's summary judgment ruling (DE 725) pursuant to Fed. R. Civ. P. 60(a) or Fed. R. Civ. P. 54(b), or in the alternative, motion to file fifth amended complaint, or in the alternative, motion for entry of default. (Unless the document has already been filed, clerk to enter the document as of the date of this order.); granting #740 Motion for leave to file motion to reconsider in part the court's denial of his motion for summary judgment in memorandum opinion and order #725 . (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sidney A Fitzwater on 10/10/2018) (Senior Judge Sidney A Fitzwater) Modified on 10/10/2018 (Fitzwater, Sidney).
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Filing 747
REPLY filed by Gene E Phillips re: #740 MOTION for Leave to File Motion to Reconsider (Wells, Kayla)
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Filing 746
OBJECTION to a Magistrate Judge Order #741 ORDER re: Motion for Protective Order #512 , #514 , #516 , #518 . Motions are GRANTED. This Order does not prevent further discovery from the Non-Parties, but merely prohibits the discovery sought by the Subpoenas at issue. (Ordered by Magistrate Judge Rebecca Rutherford on 9/24/2018) (ndt) Objection to Footnote 1, only. (Mychalowych, Andrew)
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Filing 745
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #744 Response/Objection (Mychalowych, Andrew)
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Filing 744
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #737 MOTION to Amend/Correct MOTION to Extend TimeMOTION for Extension of Time to File Response/Reply to #726 Scheduling Order (Mychalowych, Andrew)
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Filing 743
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #740 MOTION for Leave to File Motion to Reconsider (Mychalowych, Andrew)
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Filing 742
ORDER: For the reasons stated, the Court GRANTS Plaintiffs' Motion Relating to the Court's October 6, 2017 Order [ECF No. #673 ], in part, and ORDERS Defendants to pay Plaintiffs' attorneys' fees in the amount of $10,250.00. The Court also GRANTS Plaintiffs' Motion Relating to the Court's October 24, 2017 Order [ECF No. #676 ] and ORDERS Defendants to pay Plaintiffs' attorneys' fees in the amount of $6,750.00. Defendants must pay all sums due to Plaintiffs under this Order on or before October 19, 2018. (Ordered by Magistrate Judge Rebecca Rutherford on 9/24/2018) (ndt)
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Filing 741
ORDER re: Motion for Protective Order #512 , #514 , #516 , #518 . Motions are GRANTED. This Order does not prevent further discovery from the Non-Parties, but merely prohibits the discovery sought by the Subpoenas at issue. (Ordered by Magistrate Judge Rebecca Rutherford on 9/24/2018) (ndt)
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Filing 740
MOTION for Leave to File Motion to Reconsider filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 739
MOTION for Leave to File Motion to Clarify or Correct the Court's Statement as to the Operative Complaint in the Court's Summary Judgment Ruling (DE 725) Pursuant to Fed. R. Civ. P. 60(a) or Fed. R. Civ. P. 54(b), or in the Alternative, Motion to File Fifth Amended Complaint, or in the Alternative, Motion for Entry of Default filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s) 1 - Motion with Appendix) (Mychalowych, Andrew)
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Filing 738
REPLY filed by American Realty Investors Inc, EQK Holdings Inc re: #729 Response/Objection (Khoury, Stephen)
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Filing 737
Motion to Amend the Scheduling Order and Extend Expert Discovery, (ii) Motion to Shorten the Time to Respond to this Motion, and (iii) Motion for Expedited Ruling filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips. (ykp)
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Filing 736
ORDER granting #732 MOTION for Leave to File Emergency Motion to Amend the Scheduling Order and Extend Expert Discovery, Shorten the Time to Respond to this Motion, and for an Expedited Ruling filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips. (Unless the document has already been filed, clerk to enter the document as of the date of this order.). The MOTIONS to Shorten the Time to Respond to this Motion and for an Expedited Ruling are denied. The MOTION to Amend the Scheduling Order and Extend Expert Discovery will be decided under the usual briefing rules. (Ordered by Judge Sidney A Fitzwater on 9/12/2018) (Judge Sidney A Fitzwater)
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Filing 735
ANSWER to #651 Amended Complaint,, filed by American Realty Investors Inc, EQK Holdings Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Khoury, Stephen)
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Filing 734
ANSWER to #651 Amended Complaint,, filed by Gene E Phillips. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Wells, Kayla)
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Filing 733
ANSWER to #651 Amended Complaint,, with Jury Demand filed by American Realty Trust, Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kendall, Joe)
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Filing 732
MOTION for Leave to File Emergency Motion to Amend the Scheduling Order and Extend Expert Discovery, Shorten the Time to Respond to this Motion, and for an Expedited Ruling filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Attachments: #1 Exhibit(s)) (Khoury, Stephen)
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Filing 731
ORDER denying #730 MOTION to Amend the Scheduling Order, Motion to Shorten Time to Respond to this Motion, MOTION for Expedited Ruling, filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips. (Ordered by Judge Sidney A Fitzwater on 9/10/2018) (Judge Sidney A Fitzwater)
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Filing 730
MOTION to Amend the Scheduling Order, Motion to Shorten Time to Respond to this Motion, MOTION for Expedited Ruling, filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Khoury, Stephen) Enhanced text and added Motion on 9/10/2018 (dsr).
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Filing 729
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #725 Memorandum Opinion and Order, (Mychalowych, Andrew) Modified on 9/4/2018 to enhance text (dss).
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Filing 728
ORDER GRANTING DEFENDANTS' UNOPPOSED EMERGENCY #727 MOTION FOR EXTENSION OF TIME TO FILE ANSWERS TO FOURTH AMENDED COMPLAINT. Defendants shall have until 9/11/2018 to file their Answers to Plaintiffs' Fourth Amended Complaint. (Ordered by Judge Sidney A Fitzwater on 8/27/2018) (ykp)
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Filing 727
Emergency MOTION to Extend Time To File Answers to Fourth Amended Complaint filed by Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wells, Kayla)
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Filing 726
***VACATED PER #795 ORDER***TRIAL SETTING ORDER: Trial Setting 3/18/2019 before Judge Sidney A Fitzwater. This case is set for trial on the date indicated above, for a two-week docket. (Ordered by Judge Sidney A Fitzwater on 8/16/2018) (ykp) Modified on 1/16/2019 (ykp).
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Filing 725
MEMORANDUM OPINION AND ORDER:granting in part, denying in part #375 Phillips' March 28, 2017 motion for summary judgment;denying #398 ARI, ART, EQK, and Phillips' April 21, 2017 motion to dismiss; granting in part, denying in part #399 ART's April 21, 2017 motion to dismiss; granting in part, denying in part #400 Phillips' April 21, 2017 motion to dismiss; granting in part, denying in part #401 EQK's April 21, 2017 motion to dismiss; granting in part, denying in part #403 ARI's April 21, 2017 motion to dismiss; granting #469 plaintiffs' June 15, 2017 motion for leave to file supplemental appendices to plaintiffs response to Phillips' motion for summary judgment; granting #498 plaintiffs' July 28, 2017 motion for leave to supplement the record as to plaintiffs' response to Phillips' motion for summary judgment; denying #539 ART's August 31, 2017 motion for summary judgment;granting in part, denying in part #542 plaintiffs' August 31, 2017 motion for partial summary judgment; granting in part, denying in part #548 ARI's August 31, 2017 motion for summary judgment; granting in part, denying in part #551 EQK's August 31, 2017 motion for summary judgment; denying #578 ARI, ART, EQK, and Phillips' September 21, 2017 motion to strike plaintiffs' motion for summary judgment brief and appendix; denying as moot #592 ARI, ART, EQK, and Phillips' October 4, 2017 first motion for leave to file supplements to defendants' response to plaintiffs' motion for partial summary judgment; granting #612 plaintiffs' October 18, 2017 motion for leave to file appendix in support of plaintiffs' reply in support of their motion for partial summary judgment; granting #622 plaintiffs' October 31, 2017 motion for leave to file supplemental appendix in support of plaintiffs' motion for partial summary judgment; denying #657 ARI, ART, and EQK's January 16, 2018 motion to strike fourth amended complaint; denying #658 Phillips' January 16, 2018 motion to strike fourth amended complaint; and denying as moot #721 Phillips' July 18, 2018 motion to stay. (Ordered by Judge Sidney A Fitzwater on 8/14/2018) (Judge Sidney A Fitzwater)
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Filing 724
MEMORANDUM OPINION AND ORDER affirming discovery ORDERS #289 #625 of the U.S. Magistrate Judge. (Ordered by Judge Sidney A Fitzwater on 8/9/2018) (Judge Sidney A Fitzwater)
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Filing 723
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #722 Response/Objection (Mychalowych, Andrew)
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Filing 722
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #721 MOTION to Stay (Mychalowych, Andrew)
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Filing 721
MOTION to Stay filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 720
ORDER granting #714 MOTION for Leave to File Motion to Stay Proceedings Pending the Court's Rulings on Pending Motions filed by Gene E Phillips. (The requesting party must file the document with the clerk.) (Ordered by Judge Sidney A Fitzwater on 7/18/2018) (Judge Sidney A Fitzwater)
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Filing 719
ORDER granting #713 Motion Defendants' Request to Reopen Pursuant to the Court's Memorandum Opinion and Order at D.E. 712; granting #717 Motion Request to Reopen Motions Pursuant to DE 712. The court reopens the motions listed in II of this order. II Any motion that has been previously referred to the magistrate judge is deemed referred in accordance with the original order of reference. (Ordered by Judge Sidney A Fitzwater on 7/6/2018) (ykp)
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Filing 718
REPLY filed by Gene E Phillips re: #714 MOTION for Leave to File Motion to Stay Proceedings Pending the Court's Rulings on Pending Motions (Wells, Kayla)
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Filing 717
MOTION Request to Reopen Motions Pursuant to DE 712 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 716
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #715 Response/Objection to Defendant Gene Phillips' Motion for Leave to File Motion for Stay of Proceedings (Mychalowych, Andrew)
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Filing 715
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #714 MOTION for Leave to File Motion to Stay Proceedings Pending the Court's Rulings on Pending Motions (Mychalowych, Andrew)
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Filing 714
MOTION for Leave to File Motion to Stay Proceedings Pending the Court's Rulings on Pending Motions filed by Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wells, Kayla)
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Filing 713
MOTION Defendants' Request to Reopen Pursuant to the Court's Memorandum Opinion and Order at D.E. 712 re #712 Memorandum Opinion and Order,, filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Wells, Kayla)
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Filing 712
MEMORANDUM OPINION AND ORDER concluding in its discretion that the court should exercise supplemental jurisdiction under 28 U.S.C. 1367(a), and denying without prejudice #687 MOTION for Leave to File Fifth Amended Complaint Pursuant to the Court's Order Dated February 28, 2018 (DE 684), or in the Alternative, Motion to Remove Plaintiffs Atlantic XIII, LLC and Atlantic Midwest, LLC as Parties in Plaintiff's Fifth Amended Complaint Pursuant to Fed. R. Civ. P. 21 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 6/6/2018) (Judge Sidney A Fitzwater)
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Filing 711
NOTICE of Change of Address for Attorney Jamie Jean McKey on behalf of American Realty Trust, Inc. (Filer confirms contact info in ECF is current.) (McKey, Jamie)
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Filing 710
NOTICE of Change of Address for Attorney Joe Kendall on behalf of American Realty Trust, Inc. (Filer confirms contact info in ECF is current.) (Kendall, Joe)
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Filing 709
NOTICE of Supplemental Fact filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 708
(Document Restricted) Sealed Appendix in Support re: #707 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 707
(Document Restricted) Sealed Reply re: #700 Response/Objection, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 706
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #705 Reply (Mychalowych, Andrew)
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Filing 705
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #698 Response/Objection, (Mychalowych, Andrew)
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Filing 704
ORDER granting #701 Emergency Motion for Leave to File Reply Briefs in Excess of Page Limitation. Replies due by 5/14/2018. (Ordered by Judge Sidney A Fitzwater on 5/1/2018) (rekc)
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Filing 703
ADVISORY TO COUNSEL: Please submit your proposed order for the following motion -- in modifiable Word or WordPerfect format -- to Fitzwater_Orders@txnd.uscourts.gov.: #701 Emergency MOTION for Leave to File Reply Briefs in Excess of Page Limitation Set Forth in Local Rule 7.2 and to Extend Time to File Reply Briefs in Support of Plaintiffs' Motion for Leave to File Fifth Amended Complaint and Request for Expedited Review and Ruling filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Judge Sidney A. Fitzwater).
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Filing 702
NOTICE of Supplemental Fact re: #700 Response/Objection, filed by Gene E Phillips (Wells, Kayla)
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Filing 701
Emergency MOTION for Leave to File Reply Briefs in Excess of Page Limitation Set Forth in Local Rule 7.2 and to Extend Time to File Reply Briefs in Support of Plaintiffs' Motion for Leave to File Fifth Amended Complaint and Request for Expedited Review and Ruling filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 700
RESPONSE filed by Gene E Phillips re: #687 MOTION for Leave to File Fifth Amended Complaint Pursuant to the Court's Order Dated February 28, 2018 (DE 684), or in the Alternative, Motion to Remove Plaintiffs Atlantic XIII, LLC and Atlantic Midwest, LLC as Parties in Plaintiff's Fifth (Wells, Kayla)
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Filing 699
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc re #698 Response/Objection, (Khoury, Stephen)
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Filing 698
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc re: #687 MOTION for Leave to File Fifth Amended Complaint Pursuant to the Court's Order Dated February 28, 2018 (DE 684), or in the Alternative, Motion to Remove Plaintiffs Atlantic XIII, LLC and Atlantic Midwest, LLC as Parties in Plaintiff's Fifth (Khoury, Stephen)
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Filing 697
ORDER granting #690 MOTION, as Amended #693 , for Leave to File to File Response Brief in Excess Pages and to Extend Time to Respond to Plaintiffs' Motion for Leave to File Fifth Amended Complaint #687 filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips. (Ordered by Judge Sidney A Fitzwater on 4/4/2018) (Judge Sidney A Fitzwater)
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Filing 696
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #693 Amended MOTION for Leave to File Response Brief in Excess Pages and to Extend Time to Respond to Plaintffs' Motion for Leave to File Fifth Amended Complaint, DE 687 (Kendall, Joe)
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Filing 695
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #694 Response/Objection, (Mychalowych, Andrew)
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Filing 694
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #693 Amended MOTION for Leave to File Response Brief in Excess Pages and to Extend Time to Respond to Plaintffs' Motion for Leave to File Fifth Amended Complaint, DE 687 (Mychalowych, Andrew)
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Filing 693
Amended MOTION for Leave to File Response Brief in Excess Pages and to Extend Time to Respond to Plaintffs' Motion for Leave to File Fifth Amended Complaint, DE 687 filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 692
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #691 Response/Objection, (Mychalowych, Andrew)
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Filing 691
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #690 Emergency MOTION for Leave to File to File Response Brief in Excess Pages and to Extend Time to Respond to Plaintffs' Motion for Leave to File Fifth Amended Complaint, DE 687 (Mychalowych, Andrew)
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Filing 690
Emergency MOTION for Leave to File to File Response Brief in Excess Pages and to Extend Time to Respond to Plaintffs' Motion for Leave to File Fifth Amended Complaint, DE 687 filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 689
(Document Restricted) Sealed Appendix in Support re: #687 Motion for Leave to File, (Sealed pursuant to order dated 2/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Additional Page(s) Additional Appendix Pages) (Mychalowych, Andrew)
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Filing 688
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #687 MOTION for Leave to File Fifth Amended Complaint Pursuant to the Court's Order Dated February 28, 2018 (DE 684), or in the Alternative, Motion to Remove Plaintiffs Atlantic XIII, LLC and Atlantic Midwest, LLC as Parties in Plaintiff's Fifth (Mychalowych, Andrew)
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Filing 687
MOTION for Leave to File Fifth Amended Complaint Pursuant to the Court's Order Dated February 28, 2018 (DE 684), or in the Alternative, Motion to Remove Plaintiffs Atlantic XIII, LLC and Atlantic Midwest, LLC as Parties in Plaintiff's Fifth Amended Complaint Pursuant to Fed. R. Civ. P. 21 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 686
ELECTRONIC ORDER granting #685 MOTION for Leave to File Brief in Excess of Page Limitation Set Forth in Local Rule 7.2 and Request for Expedited Review and Hearing filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (The requesting party must file the document with the clerk.) (Ordered by Judge Sidney A Fitzwater on 3/19/2018) (Judge Sidney A Fitzwater)
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Filing 685
Emergency MOTION for Leave to File Brief in Excess of Page Limitation Set Forth in Local Rule 7.2 and Request for Expedited Review and Hearing filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 684
MEMORANDUM OPINION AND ORDER granting #657 MOTION to Dismiss for Lack of Jurisdiction filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc.; granting #658 MOTION to Dismiss for Lack of filed by Gene E Phillips; and denying without prejudice #514 Motion for Protective Order, Motion to Quash filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #399 Dismiss for Failure to State a Claim filed by American Realty Trust, Inc, #469 Motion for Leave to File, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 329 Motion to Stay filed by American Realty Investors Inc, #375 Motion for Summary Judgment filed by Gene E Phillips, #551 Motion for Summary Judgment filed by EQK Holdings Inc, #676 Motion for Miscellaneous Relief filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #518 Motion for Protective Order, Motion to Quash filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #542 Motion for Summary Judgment filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #578 Motion to Strike, filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc, Gene E Phillips, #516 Motion for Protective Order, Motion to Quash filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #400 Dismiss for Failure to State a Claim filed by Gene E Phillips, #622 Motion for Leave to File filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #498 Motion for Miscellaneous Relief, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #398 Motion to Dismiss, Motion to Strike filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc, Gene E Phillips, #673 Motion for Miscellaneous Relief, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #416 Motion for Protective Order, Motion to Quash,, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #403 Dismiss for Failure to State a Claim filed by American Realty Investors Inc, #612 Motion for Leave to File, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #592 Motion for Leave to File, filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc, Gene E Phillips, #548 Motion for Summary Judgment filed by American Realty Investors Inc, #489 Motion to Strike, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #512 Motion for Protective Order, Motion to Quash filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, #539 Motion for Summary Judgment filed by American Realty Trust, Inc, #646 Motion to Quash filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc, Gene E Phillips, #401 Dismiss for Failure to State a Claim filed by EQK Holdings Inc re: #514 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Herbert L. Shevin, #658 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #651 Amended Complaint,, , #399 Motion to Dismiss for Failure to State a Claim, #657 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #651 Amended Complaint,, , #469 MOTION for Leave to File Supplemental Appendices to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment, 329 MOTION to Stay re #289 Order on Motion for Sanctions, #309 Response/Objection, #375 MOTION for Summary Judgment , #551 MOTION for Summary Judgment , #676 MOTION for Expenses Relating to the Court's October 24, 2017 Order Granting Plaintiffs' Motion to Compel Production of Documents, #518 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for William Widmeyer, Sr., #542 MOTION for Summary Judgment , #578 MOTION to Strike #545 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #544 Appendix in Support, #542 MOTION for Summary Judgment , #543 Brief/Memorandum in Support of Motion , #516 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Jody B. Shevin, #400 Motion to Dismiss for Failure to State a Claim, #622 MOTION for Leave to File Supplemental Appendix in Support of Plaintiffs' Motion for Partial Summary Judgment, #498 MOTION for Leave to Supplement the Record as to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment, #398 MOTION to Dismiss or, Alternatively MOTION to Strike #373 Amended Complaint,, , #673 MOTION for Expenses and to Sanction Defendants American Realty Investors, Inc., American Realty Trust, Inc., EQK Holdings, Inc. and Gene E. Phillips for Discovery Abuse Relating to the Court's October 6, 2017 Order Granting Plaintiffs' Motion, #416 MOTION for Protective Order MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych, #403 Motion to Dismiss for Failure to State a Claim, #612 MOTION for Leave to File Appendix in Support of Plaintiffs' Reply in Support of Their Motion for Partial Summary Judgment, #592 First MOTION for Leave to File Motion for Leave to File Supplements to Defendants Response to Plaintiffs Motion for Partial Summary Judgment, #548 MOTION for Summary Judgment , #489 MOTION to Strike Section III and Related Exhibits of Defendants' Expert Gary B. Goolsby's Report Dated February 15, 2017, #512 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Gary Konke, #539 MOTION for Summary Judgment , #646 MOTION to Quash , #401 Motion to Dismiss for Failure to State a Claim (Ordered by Judge Sidney A Fitzwater on 2/28/2018) (Judge Sidney A Fitzwater)
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Filing 683
ORDER denying #682 Emergency MOTION to Stay Pending Rulings on Defendants' Motions to Dismiss for Lack of Subject Matter Jurisdiction filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips. (Ordered by Judge Sidney A Fitzwater on 2/22/2018) (Judge Sidney A Fitzwater)
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Filing 682
Emergency MOTION to Stay Pending Rulings on Defendants' Motions to Dismiss for Lack of Subject Matter Jurisdiction filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 681
ORDER OF REFERENCE re: #673 MOTION for Expenses and to Sanction Defendants American Realty Investors Inc, American Realty Trust Inc, EQK Holdings Inc and Gene E Phillips for Discovery Abuse Relating to the Court's 10/6/2017 Order Granting Plaintiffs' Motion, #676 MOTION for Expenses Relating to the Court's 10/24/2017 Order Granting Plaintiffs' Motion to Compel Production of Documents. Motion(s) referred to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Sidney A Fitzwater on 2/21/2018) (aaa)
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Filing 680
REPLY filed by Gene E Phillips re: #658 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #651 Amended Complaint,, (Shamoun, C)
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Filing 679
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc re: #657 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #651 Amended Complaint,, (Khoury, Stephen) Modified on 2/21/2018 (zkc).
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Filing 678
ORDER: The #672 emergency motion of defendant Gene Phillips for leave to file reply brief in excess of page limitations set forth in local rule 7.2 and request for expedited review and ruling are granted to the extent that he may file a reply brief 18 pages in length, excluding the table of contents and table of authorities. (Ordered by Judge Sidney A Fitzwater on 2/20/2018) (axm)
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Filing 677
(Document Restricted) Sealed Appendix in Support re: #676 Motion for Miscellaneous Relief (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 676
MOTION for Expenses Relating to the Court's October 24, 2017 Order Granting Plaintiffs' Motion to Compel Production of Documents filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 675
(Document Restricted) Sealed Exhibit 5 to #674 Appendix in Support re: #673 for Expenses and to Sanction Defendants American Realty Investors, Inc., American Realty Trust, Inc., EQK Holdings, Inc. and Gene E. Phillips for Discovery Abuse Relating to the Court's October 6, 2017 Order Granting Plaintiffs' Motion (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew) Modified text on 2/20/2018 (axm).
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Filing 674
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #673 MOTION for Expenses and to Sanction Defendants American Realty Investors, Inc., American Realty Trust, Inc., EQK Holdings, Inc. and Gene E. Phillips for Discovery Abuse Relating to the Court's October 6, 2017 Order Granting Plaintiffs' Motion (Mychalowych, Andrew)
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Filing 673
MOTION for Expenses and to Sanction Defendants American Realty Investors, Inc., American Realty Trust, Inc., EQK Holdings, Inc. and Gene E. Phillips for Discovery Abuse Relating to the Court's October 6, 2017 Order Granting Plaintiffs' Motion for Protective Order and Motion to Quash Deposition of Andy Mychalowych filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 672
MOTION Exceed page limit for Reply Brief filed by Gene E Phillips with Brief/Memorandum in Support. (Shamoun, C)
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Filing 671
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #670 Response/Objection (Mychalowych, Andrew)
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Filing 670
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #657 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #651 Amended Complaint,, (Mychalowych, Andrew)
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Filing 669
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #668 Response/Objection (Mychalowych, Andrew)
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Filing 668
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #658 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #651 Amended Complaint,, (Mychalowych, Andrew)
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Filing 666
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #665 Reply, (Mychalowych, Andrew)
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Filing 665
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #652 MOTION Confirm Court's Order DE 643 MOTION for Leave to File Remove Plaintiff Atlantic XIII LLC as a Party MOTION to Expedite Ruling (Mychalowych, Andrew)
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Filing 664
ELECTRONIC ORDER granting #663 Emergency MOTION for Leave to File Reply Brief in Excess of Page Limitation Set Forth in Local Rule 7.2 and Request for Expedited Review and Ruling filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. The MOTION is GRANTED. (The requesting party must file the document with the clerk.) (Ordered by Judge Sidney A Fitzwater on 2/1/2018) (Judge Sidney A Fitzwater)
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Filing 663
Emergency MOTION for Leave to File Reply Brief in Excess of Page Limitation Set Forth in Local Rule 7.2 and Request for Expedited Review and Ruling filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 667
SPECIAL ORDER NO. 3-316: All matters referred to Magistrate Judge Stickney are automatically referred to Magistrate Judge Rutherford unless otherwise directed by the presiding district judge. Motion(s) referred to Magistrate Judge Rebecca Rutherford re: #514 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Herbert L. Shevin, #518 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for William Widmeyer, Sr., #516 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Jody B. Shevin, #512 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Gary Konke, #646 MOTION to Quash . (Ordered by Chief Judge Barbara M.G. Lynn on 1/26/2018) (cea)
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Filing 662
ORDER: To enable the court to decide several pending motions in this case, potentially including motions that present jurisdictional challenges, the court vacates the trial setting. The court will set the case for trial, if necessary, by separate order. (Ordered by Judge Sidney A Fitzwater on 1/22/2018) (epm)
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Filing 661
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #660 Response/Objection, (Wells, Kayla)
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Filing 660
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #652 MOTION Confirm Court's Order DE 643 MOTION for Leave to File Remove Plaintiff Atlantic XIII LLC as a Party MOTION to Expedite Ruling (Wells, Kayla)
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Filing 659
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #658 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #651 Amended Complaint,, , #657 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #651 Amended Complaint,, (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10) (Khoury, Stephen)
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Filing 658
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Strike #651 Amended Complaint,, () filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 657
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Strike #651 Amended Complaint,, () filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 656
(Document Restricted) Sealed Appendix in Support re: #654 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 655
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #654 Response/Objection (Mychalowych, Andrew)
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Filing 654
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #646 MOTION to Quash (Mychalowych, Andrew)
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Filing 653
ORDER denying #652 MOTION to Confirm Court's Order filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper; deferring ruling on alternative MOTION for leave to remove plaintiff Atlantic XIII, LLC as a party in plaintiffs' fourth amended complaint pursuant to Rule 21. (Ordered by Judge Sidney A Fitzwater on 12/27/2017) (Judge Sidney A Fitzwater)
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Filing 652
MOTION Confirm Court's Order DE #643 , MOTION for Leave to File Remove Plaintiff Atlantic XIII LLC as a Party, MOTION to Expedite Ruling filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 651
AMENDED COMPLAINT WITH JURY DEMAND Fourth Amended against American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips filed by David M Clapper, Atlantic Midwest LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Mychalowych, Andrew)
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Filing 650
(Document Restricted) Sealed Appendix in Support re: #648 Reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 649
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #648 Reply (Mychalowych, Andrew)
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Filing 648
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #644 Response/Objection (Mychalowych, Andrew)
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Filing 647
Order Referring #646 Motion to Quash Subpoena to Testify at Deposition of Gary B. Goolsby to Magistrate Judge Paul D Stickney for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. (Ordered by Judge Sidney A Fitzwater on 12/19/2017) (axm)
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Filing 646
MOTION to Quash filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 645
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #644 Response/Objection (Khoury, Stephen)
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Filing 644
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #634 Response/Objection (Khoury, Stephen)
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Filing 643
ORDER: No later than 21 days from the date of this order, plaintiffs must file a fourth amended complaint that alleges diversity of citizenship, in conformity with 28 U.S.C. 1332; otherwise, this action will be dismissed without prejudice for want of subject matter jurisdiction. (Ordered by Judge Sidney A Fitzwater on 12/5/2017) (aaa)
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Filing 642
(Document Restricted) Sealed Appendix in Support re: #640 Reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 641
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #640 Reply (Mychalowych, Andrew)
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Filing 640
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #622 MOTION for Leave to File Supplemental Appendix in Support of Plaintiffs' Motion for Partial Summary Judgment (Mychalowych, Andrew)
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Filing 639
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #622 MOTION for Leave to File Supplemental Appendix in Support of Plaintiffs' Motion for Partial Summary Judgment (Wells, Kayla)
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Filing 638
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #612 MOTION for Leave to File Appendix in Support of Plaintiffs' Reply in Support of Their Motion for Partial Summary Judgment (Mychalowych, Andrew)
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Filing 637
AFFIDAVIT of Service of Subpoena on Gary Konke by Gene E Phillips. (Wells, Kayla)
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Filing 636
(Document Restricted) Sealed Appendix in Support re: #634 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 635
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #634 Response/Objection (Mychalowych, Andrew)
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Filing 634
OBJECTION filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #625 Order on Motion to Sanction and Strike. (Mychalowych, Andrew)
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Filing 633
AFFIDAVIT of Service for Subpoena for Testimony and Documents served on Jody Shevin on 11/11/2017. (Wells, Kayla)
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Filing 632
NOTICE of Plaintiffs' Submission Regarding Order at DE 621 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #621 Order on Motion for Protective Order. (Mychalowych, Andrew)
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Filing 631
AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Case served on William Widmeyer Sr. on 8/8/2017. (Wells, Kayla)
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Filing 630
AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Case served on Jody B. Shevin on 8/4/2017. (Wells, Kayla)
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Filing 629
NOTICE of Correction re: #627 Reply in Support of Defendant's Motion for Leave to Add Certain Attachments Inadvertently Omitted and Motion for Leave to Supplement Expert Report in Support of Defendants' Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Wells, Kayla)
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Filing 628
Brief/Memorandum in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #612 MOTION for Leave to File Appendix in Support of Plaintiffs' Reply in Support of Their Motion for Partial Summary Judgment (Wells, Kayla)
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Filing 627
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #592 First MOTION for Leave to File Motion for Leave to File Supplements to Defendants Response to Plaintiffs Motion for Partial Summary Judgment (Wells, Kayla)
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Filing 626
ORDER granting #546 Motion to Compel; granting in part #554 Motion to Compel; and denying #554 Motion for Sanctions. (Ordered by Magistrate Judge Paul D Stickney on 11/2/2017) (ran)
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Filing 625
ORDER: Plaintiffs' #530 Motion to Sanction and #534 Motion to Strike are DENIED. (Ordered by Magistrate Judge Paul D Stickney on 11/2/2017) (ran)
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Filing 624
(Document Restricted) Sealed Appendix in Support re: #622 Motion for Leave to File (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 623
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #622 MOTION for Leave to File Supplemental Appendix in Support of Plaintiffs' Motion for Partial Summary Judgment (Mychalowych, Andrew)
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Filing 622
MOTION for Leave to File Supplemental Appendix in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 621
ORDER granting in part #512 , #514 , #516 , #518 Motion for Protective Order. Defendant is ordered to file within two weeks the proof of service for any of the Non-Parties who are served subsequent to this Order, and immediately file the proof of service for any Non-Parties who have already been served. The parties are also ordered to file within two weeks any documentation substantiating the claims that any Non-Party evaded service or is deceased. Once the proof of service and supplemental information have been filed, the Court will consider the remaining issues in Plaintiffs' Motions for Protective Order. The depositions of the Non-Parties shall be stayed pending the Court's resolution of the Motions for Protective Order. (Ordered by Magistrate Judge Paul D Stickney on 10/27/2017) (ykp)
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Filing 620
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #578 MOTION to Strike #545 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #544 Appendix in Support, #542 MOTION for Summary Judgment , #543 Brief/Memorandum in Support of Motion (Wells, Kayla)
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Filing 619
ORDER granting in part and denying in part #505 Motion to Compel. Plaintiffs are ordered to amend their responses to take into account any meritorious arguments raised in Defendant's motion, and the parties are ordered to work together to minimize further motion practice on these disputes. Plaintiffs shall provide the amended responses within four weeks of the date of this Order. (Ordered by Magistrate Judge Paul D Stickney on 10/26/2017) (ykp)
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Filing 618
(Document Restricted) Sealed Appendix in Support re: #616 Response/Objection, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 617
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #616 Response/Objection, (Mychalowych, Andrew)
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Filing 616
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #592 First MOTION for Leave to File Supplements to Defendants Response to Plaintiffs Motion for Partial Summary Judgment. (Mychalowych, Andrew) Condensed text on 10/26/2017 (dsr).
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Filing 615
ORDER granting #502 Motion to Compel Production of Documents. (see order) (Ordered by Magistrate Judge Paul D Stickney on 10/24/2017) (mcrd)
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Filing 614
ORDER granting #491 Motion to Compel Non-Parties Transcontinental Realty Investors, Inc., Syntek West, Inc., and Syntek Acquisition Corp. to Comply with Subpoenas for Production of Documents. (see order) (Ordered by Magistrate Judge Paul D Stickney on 10/24/2017) (mcrd)
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Filing 613
ORDER granting #473 Motion to Compel Production of Documents from BDO Seidman, L.L.P. (see order) (Ordered by Magistrate Judge Paul D Stickney on 10/24/2017) (mcrd)
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Filing 612
MOTION for Leave to File Appendix in Support of Plaintiffs' Reply in Support of Their Motion for Partial Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 611
ORDER granting in part #418 and #420 Motion for Protective Order; Motion to Quash. (Ordered by Magistrate Judge Paul D Stickney on 10/17/2017) (ykp) Modified text on 10/18/2017 (ykp).
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Filing 610
ORDER. The court will not consider plaintiffs' October 5, 2017 summary judgment reply appendix #595 because it was filed without leave of court. See Dethrow v. Parkland Health Hosp. Sys, 204 F.R.D. 102, 104 (N.D. Tex. 2001) (Fitzwater, J.). (Ordered by Judge Sidney A Fitzwater on 10/16/2017) (Judge Sidney A Fitzwater)
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Filing 609
(Document Restricted) Sealed Appendix in Support re: #608 Response/Objection, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 608
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #578 MOTION to Strike #545 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #544 Appendix in Support, #542 MOTION for Summary Judgment , #543 Brief/Memorandum in Support of Motion (Mychalowych, Andrew)
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Filing 607
(Document Restricted) Sealed Appendix in Support re: #605 Reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 606
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #605 Reply (Mychalowych, Andrew)
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Filing 605
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #583 Response/Objection (Mychalowych, Andrew)
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Filing 604
(Document Restricted) Sealed Appendix in Support re: #603 Reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 603
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #581 Response/Objection, (Mychalowych, Andrew)
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Filing 602
ORDER granting #416 Motion for Protective Order. (Ordered by Magistrate Judge Paul D Stickney on 10/6/2017) (ran)
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Filing 601
ORDER OF REFERENCE referring #546 Motion to Compel Answers to Interrogatories and #554 Motion to Compel the Further Deposition of Plaintiff David Clapper, MOTION for Sanctions to United States Magistrate Judge Paul D. Stickney for determination. He may conduct a hearing if he determines that a hearing is necessary. (Ordered by Judge Sidney A Fitzwater on 10/6/2017) (ran)
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Filing 600
REPLY filed by EQK Holdings Inc re: #551 MOTION for Summary Judgment (Khoury, Stephen)
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Filing 599
REPLY filed by Gene E Phillips re: #546 MOTION to Compel Answers to Interrogatories (Wells, Kayla)
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Filing 598
REPLY filed by American Realty Investors Inc re: #548 MOTION for Summary Judgment (Khoury, Stephen)
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Filing 597
REPLY filed by American Realty Trust, Inc re: #539 MOTION for Summary Judgment (Kendall, Joe)
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Filing 596
(Document Restricted) Sealed Appendix in Support re: #594 Reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 595
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #594 Reply (Mychalowych, Andrew)
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Filing 594
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #542 MOTION for Summary Judgment (Mychalowych, Andrew)
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Filing 593
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #592 First MOTION for Leave to File Motion for Leave to File Supplements to Defendants Response to Plaintiffs Motion for Partial Summary Judgment (Khoury, Stephen)
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Filing 592
First MOTION for Leave to File Supplements to Defendants Response to Plaintiffs Motion for Partial Summary Judgment filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Khoury, Stephen) Condensed text on 10/4/2017 (dsr).
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Filing 591
ELECTRONIC ORDER granting #538 agreed motion to extend response deadlines. (Ordered by Magistrate Judge Paul D Stickney on 10/3/2017) (chmb)
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Filing 590
(Document Restricted) Sealed Appendix in Support re: #588 Reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 589
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #588 Reply (Mychalowych, Andrew)
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Filing 588
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #563 Response/Objection, (Mychalowych, Andrew)
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Filing 587
(Document Restricted) Sealed Appendix in Support re: #585 Reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 586
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #585 Reply (Mychalowych, Andrew)
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Filing 585
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #561 Response/Objection, (Mychalowych, Andrew)
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Filing 584
Appendix in Support filed by American Realty Investors Inc, EQK Holdings Inc re #583 Response/Objection to Plaintiffs' Motion to Strike Defendants' July 2017 Supplemental Production or in the Alternative, Motion in Limine, and Brief in Support (Khoury, Stephen)
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Filing 583
RESPONSE filed by American Realty Investors Inc, EQK Holdings Inc re: #534 MOTION to Strike Defendants' July 2017 Supplemental Production, or in the Alternative MOTION in Limine (Khoury, Stephen)
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Filing 582
Appendix in Support filed by American Realty Investors Inc, EQK Holdings Inc re #581 Response/Objection, to Plaintiffs' Motion to Sanction Defendants for Contempt and Motion to Strike Errata Sheet and Accompanying Exhibits to Gene Bertcher's June 21, 2016, 30(b)(6) Deposition, or in the Alternative, Motion in Limine (Khoury, Stephen)
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Filing 581
RESPONSE filed by American Realty Investors Inc, EQK Holdings Inc re: #530 MOTION for Sanctions of Defendants for Contempt and MOTION to Strike Errata Sheet and Accompanying Exhibits to Gene Bertcher's June 21, 2016 30(b)(6) Deposition, or MOTION in Limine in the Alternative (Khoury, Stephen)
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Filing 580
(Document Restricted) Sealed Appendix in Support re: #579 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Attachments: #1 Exhibit(s) 2-17, #2 Exhibit(s) 18-31, #3 Exhibit(s) 32-39) (Wells, Kayla)
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Filing 579
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #542 MOTION for Summary Judgment (Wells, Kayla)
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Filing 578
MOTION to Strike #545 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #544 Appendix in Support, #542 MOTION for Summary Judgment , #543 Brief/Memorandum in Support of Motion filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 577
(Document Restricted) Sealed Appendix in Support re: #576 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 576
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #554 MOTION to Compel the Further Deposition of Plaintiff David Clapper MOTION for Sanctions (Mychalowych, Andrew)
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Filing 575
(Document Restricted) Sealed Appendix in Support re: #573 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 574
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #573 Response/Objection (Mychalowych, Andrew)
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Filing 573
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #551 MOTION for Summary Judgment (Mychalowych, Andrew)
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Filing 572
(Document Restricted) Sealed Appendix in Support re: #570 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 571
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #570 Response/Objection (Mychalowych, Andrew)
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Filing 570
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #539 MOTION for Summary Judgment (Mychalowych, Andrew)
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Filing 569
(Document Restricted) Sealed Appendix in Support re: #567 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 568
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #567 Response/Objection (Mychalowych, Andrew)
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Filing 567
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #548 MOTION for Summary Judgment (Mychalowych, Andrew)
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Filing 566
(Document Restricted) Sealed Appendix in Support re: #564 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 565
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #564 Response/Objection (Mychalowych, Andrew)
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Filing 564
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #546 MOTION to Compel Answers to Interrogatories (Mychalowych, Andrew)
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Filing 563
RESPONSE filed by American Realty Trust, Inc, Gene E Phillips re: #534 MOTION to Strike Defendants' July 2017 Supplemental Production, or in the Alternative MOTION in Limine (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B) (Kendall, Joe)
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Filing 562
(Document Restricted) Sealed Appendix in Support re: #561 Response/Objection, (Sealed pursuant to order dated 4/26/2016) filed by American Realty Trust, Inc, Gene E Phillips (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit A, #3 Exhibit(s) Exhibit B, #4 Exhibit(s) Exhibit C, #5 Exhibit(s) Exhibit D) (Kendall, Joe)
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Filing 561
RESPONSE filed by American Realty Trust, Inc, Gene E Phillips re: #530 MOTION for Sanctions of Defendants for Contempt and MOTION to Strike Errata Sheet and Accompanying Exhibits to Gene Bertcher's June 21, 2016 30(b)(6) Deposition, or MOTION in Limine in the Alternative (Kendall, Joe)
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Filing 560
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #518 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for William Widmeyer, Sr., #516 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Jody B. Shevin, #514 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Herbert L. Shevin, #512 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Gary Konke (Mychalowych, Andrew)
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Filing 559
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #502 MOTION to Compel Production of Documents (Mychalowych, Andrew)
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Filing 558
REPLY filed by Gene E Phillips re: #505 MOTION to Compel (Wells, Kayla)
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Filing 557
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #498 MOTION for Leave to Supplement the Record as to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment (Mychalowych, Andrew)
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Filing 556
RESPONSE filed by Gene E Phillips re: #518 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for William Widmeyer, Sr., #516 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Jody B. Shevin, #514 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Herbert L. Shevin, #512 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Gary Konke (Wells, Kayla)
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Filing 555
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #554 MOTION to Compel the Further Deposition of Plaintiff David Clapper MOTION for Sanctions (Attachments: #1 Exhibit(s) 1) (Wells, Kayla)
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Filing 554
MOTION to Compel the Further Deposition of Plaintiff David Clapper, MOTION for Sanctions () filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 553
Appendix in Support filed by EQK Holdings Inc re #551 MOTION for Summary Judgment (Khoury, Stephen)
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Filing 552
Brief/Memorandum in Support filed by EQK Holdings Inc re #551 MOTION for Summary Judgment (Khoury, Stephen)
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Filing 551
MOTION for Summary Judgment filed by EQK Holdings Inc (Khoury, Stephen)
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Filing 550
Appendix in Support filed by American Realty Investors Inc re #548 MOTION for Summary Judgment (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17) (Khoury, Stephen)
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Filing 549
Brief/Memorandum in Support filed by American Realty Investors Inc re #548 MOTION for Summary Judgment (Khoury, Stephen)
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Filing 548
MOTION for Summary Judgment filed by American Realty Investors Inc (Khoury, Stephen)
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Filing 547
Appendix in Support filed by Gene E Phillips re #546 MOTION to Compel Answers to Interrogatories (Attachments: #1 Exhibit(s) A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G, #8 H, #9 I, #10 J, #11 K, #12 L, #13 M, #14 N, #15 O, #16 P) (Wells, Kayla)
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Filing 546
MOTION to Compel Answers to Interrogatories filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 545
(Document Restricted) Sealed Appendix in Support re: #542 Motion for Summary Judgment, #543 Brief/Memorandum in Support of Motion (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 544
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #542 MOTION for Summary Judgment , #543 Brief/Memorandum in Support of Motion (Mychalowych, Andrew)
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Filing 543
Brief/Memorandum in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #542 MOTION for Summary Judgment (Mychalowych, Andrew)
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Filing 542
MOTION for Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 541
Appendix in Support filed by American Realty Trust, Inc re #539 MOTION for Summary Judgment , #540 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s) 1 to Appendix, #2 Exhibit(s) 2 to Appendix, #3 Exhibit(s) 3 to Appendix, #4 Exhibit(s) 4 to Appendix, #5 Exhibit(s) 5 to Appendix, #6 Exhibit(s) 6 to Appendix, #7 Exhibit(s) 7 to Appendix, #8 Exhibit(s) 8 to Appendix, #9 Exhibit(s) 9 to Appendix, #10 Exhibit(s) 10 to Appendix, #11 Exhibit(s) 11 to Appendix, #12 Exhibit(s) 12 to Appendix, #13 Exhibit(s) 13 to Appendix, #14 Exhibit(s) 14 to Appendix, #15 Exhibit(s) 15 to Appendix, #16 Exhibit(s) 16 to Appendix) (Kendall, Joe)
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Filing 540
Brief/Memorandum in Support filed by American Realty Trust, Inc re #539 MOTION for Summary Judgment (Kendall, Joe)
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Filing 539
MOTION for Summary Judgment filed by American Realty Trust, Inc (Kendall, Joe)
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Filing 538
MOTION Agreed deadline extension filed by American Realty Investors Inc (Attachments: #1 Proposed Order) (Khoury, Stephen)
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Filing 537
Order Referring #534 Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 8/29/2017) (aaa) Modified linkage on 8/30/2017 (aaa).
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Filing 536
(Document Restricted) Sealed Appendix in Support re: #534 Motion to Strike, Motion in Limine,, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 535
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #534 MOTION to Strike Defendants' July 2017 Supplemental Production, or in the Alternative MOTION in Limine (Mychalowych, Andrew)
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Filing 534
MOTION to Strike Defendants' July 2017 Supplemental Production, or in the Alternative, MOTION in Limine filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 533
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. re: #530 MOTION for Sanctions of Defendants for Contempt and MOTION to Strike Errata Sheet and Accompanying Exhibits to Gene Bertcher's June 21, 2016 30(b)(6) Deposition, or MOTION in Limine in the Alternative Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 8/28/2017) (ykp)
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Filing 532
(Document Restricted) Sealed Appendix in Support re: #530 Motion for Sanctions, Motion to Strike, Motion in Limine,,, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 531
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #530 MOTION for Sanctions of Defendants for Contempt and MOTION to Strike Errata Sheet and Accompanying Exhibits to Gene Bertcher's June 21, 2016 30(b)(6) Deposition, or MOTION in Limine in the Alternative (Mychalowych, Andrew)
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Filing 530
MOTION for Sanctions of Defendants for Contempt and, MOTION to Strike Errata Sheet and Accompanying Exhibits to Gene Bertcher's June 21, 2016 30(b)(6) Deposition, or, MOTION in Limine in the Alternative () filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 529
RESPONSE filed by American Realty Investors Inc, EQK Holdings Inc re: #502 MOTION to Compel Production of Documents (Khoury, Stephen)
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Filing 528
Appendix in Support filed by Gene E Phillips re #527 Response/Objection (Wells, Kayla)
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Filing 527
RESPONSE filed by Gene E Phillips re: #498 MOTION for Leave to Supplement the Record as to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment (Wells, Kayla)
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Filing 526
(Document Restricted) Sealed Appendix in Support re: #525 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 525
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #505 MOTION to Compel (Mychalowych, Andrew)
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Filing 524
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #491 MOTION to Compel Non-Parties Transcontinental Realty Investors, Inc., Syntek West, Inc., and Syntek Acquisition Corp. to Comply with Subpoenas for Production of Documents (Mychalowych, Andrew)
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Filing 523
(Document Restricted) Sealed Appendix in Support re: #521 Reply, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 522
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #521 Reply, (Mychalowych, Andrew)
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Filing 521
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #489 MOTION to Strike Section III and Related Exhibits of Defendants' Expert Gary B. Goolsby's Report Dated February 15, 2017 (Mychalowych, Andrew)
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Filing 520
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. Re: #518 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for William Widmeyer, Sr., #516 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Jody B. Shevin, #514 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Herbert L. Shevin, #512 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Gary Konke Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 8/11/2017) (cea)
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Filing 519
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #518 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for William Widmeyer, Sr. (Mychalowych, Andrew)
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Filing 518
MOTION for Protective Order and, MOTION to Quash the Subpoena Duces Tecum for William Widmeyer, Sr. () filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 517
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #516 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Jody B. Shevin (Mychalowych, Andrew)
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Filing 516
MOTION for Protective Order and, MOTION to Quash the Subpoena Duces Tecum for Jody B. Shevin () filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 515
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #514 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Herbert L. Shevin (Mychalowych, Andrew)
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Filing 514
MOTION for Protective Order and, MOTION to Quash the Subpoena Duces Tecum for Herbert L. Shevin () filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 513
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #512 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Gary Konke (Mychalowych, Andrew)
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Filing 512
MOTION for Protective Order and, MOTION to Quash the Subpoena Duces Tecum for Gary Konke () filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 511
RESPONSE filed by Syntek West Inc, Syntek Acquisition Corp. re: #491 MOTION to Compel Non-Parties Transcontinental Realty Investors, Inc., Syntek West, Inc., and Syntek Acquisition Corp. to Comply with Subpoenas for Production of Documents (Wells, Kayla)
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Filing 510
RESPONSE filed by Transcontinental Realty Investors Inc re: #491 MOTION to Compel Non-Parties Transcontinental Realty Investors, Inc., Syntek West, Inc., and Syntek Acquisition Corp. to Comply with Subpoenas for Production of Documents (Kendall, Joe)
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Filing 509
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, Gene S Bertcher, EQK Holdings Inc re: #489 MOTION to Strike Section III and Related Exhibits of Defendants' Expert Gary B. Goolsby's Report Dated February 15, 2017 (Khoury, Stephen)
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Filing 508
NOTICE of Remark re: #506 Status Report filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Morgan, Cora)
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Filing 507
Order Referring #502 , #505 Motions to Compel to Magistrate Judge Paul D Stickney for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. (Ordered by Judge Sidney A Fitzwater on 8/1/2017) (axm)
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Filing 506
Joint STATUS REPORT and Joint Estimate of Trial Length filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew)
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Filing 505
MOTION to Compel filed by Gene E Phillips with Brief/Memorandum in Support. (Shamoun, C)
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Filing 504
(Document Restricted) Sealed Appendix in Support re: #502 Motion to Compel (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 503
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #502 MOTION to Compel Production of Documents (Mychalowych, Andrew)
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Filing 502
MOTION to Compel Production of Documents filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 501
ORDER granting in part and denying in part #466 MOTION to Continue Request for Extension of Discovery Cutoff and Amendment to the Scheduling Order filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips. Jury Trial reset to two-week docket of 2/20/2018 in US Courthouse, Courtroom 1525, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Sidney A Fitzwater. (Ordered by Judge Sidney A Fitzwater on 7/28/2017) (Judge Sidney A Fitzwater)
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Filing 500
(Document Restricted) Sealed Appendix in Support re: #498 Motion for Miscellaneous Relief, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 499
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #498 MOTION for Leave to Supplement the Record as to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment (Mychalowych, Andrew)
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Filing 498
MOTION for Leave to Supplement the Record as to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 497
(Document Restricted) Sealed Appendix in Support re: #495 Reply, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 496
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #495 Reply, (Mychalowych, Andrew)
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Filing 495
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #469 MOTION for Leave to File Supplemental Appendices to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment (Mychalowych, Andrew)
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Filing 494
Order Referring #491 Motion to Compel Non-Parties Transcontinental Realty Investors, Inc., Syntek West, Inc., and Syntek Acquisition Corp. to Comply with Subpoenas for Production of Documents for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. (Ordered by Judge Sidney A Fitzwater on 7/17/2017) (axm)
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Filing 493
(Document Restricted) Sealed Appendix in Support re: #491 Motion to Compel, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 492
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #491 MOTION to Compel Non-Parties Transcontinental Realty Investors, Inc., Syntek West, Inc., and Syntek Acquisition Corp. to Comply with Subpoenas for Production of Documents (Mychalowych, Andrew)
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Filing 491
MOTION to Compel Non-Parties Transcontinental Realty Investors, Inc., Syntek West, Inc., and Syntek Acquisition Corp. to Comply with Subpoenas for Production of Documents filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 490
(Document Restricted) Sealed Appendix in Support re: #489 Motion to Strike, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 489
MOTION to Strike Section III and Related Exhibits of Defendants' Expert Gary B. Goolsby's Report Dated February 15, 2017 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Mychalowych, Andrew)
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Filing 488
CERTIFICATE OF SERVICE by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #473 MOTION to Compel Production of Documents from BDO Seidman, L.L.P., #474 Appendix in Support CORRECTED (Mychalowych, Andrew)
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Filing 487
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #466 MOTION to Continue Request for Extension of Discovery Cutoff and Amendment to the Scheduling Order (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Khoury, Stephen)
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Filing 486
NOTICE of Attorney Vacation letter filed by American Realty Investors Inc, EQK Holdings Inc (Khoury, Stephen)
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Filing 485
RESPONSE filed by Gene E Phillips re: #469 MOTION for Leave to File Supplemental Appendices to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment (Wells, Kayla)
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Filing 484
AFFIDAVIT of Service for Supoena to Produce Documents served on Transcontinental Realty Investors Inc on 6/27/2017. (svc)
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Filing 483
AFFIDAVIT of Service for Supoena to Produce Documents served on Skntek West Inc on 6/27/2017. (svc)
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Filing 482
AFFIDAVIT of Service for Supoena to Produce Documents served on Syntek Acquisition Corp on 6/27/2017. (svc)
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Filing 481
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #466 MOTION to Continue Request for Extension of Discovery Cutoff and Amendment to the Scheduling Order (Mychalowych, Andrew)
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Filing 480
ORDER OF REFERENCE: Plaintiffs' 6/23/2017 #473 motion to compel production of documents from BDO Seidman, L.L.P. is REFERRED to United States Magistrate Judge Paul D Stickney for determination. He may conduct a hearing if he determines that a hearing is necessary. (Ordered by Judge Sidney A Fitzwater on 6/26/2017) (sss)
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Filing 479
REPLY filed by American Realty Investors Inc re: #403 Motion to Dismiss for Failure to State a Claim (Khoury, Stephen)
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Filing 478
REPLY filed by EQK Holdings Inc re: #401 Motion to Dismiss for Failure to State a Claim (Khoury, Stephen)
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Filing 477
REPLY filed by Gene E Phillips re: #400 Motion to Dismiss for Failure to State a Claim (Wells, Kayla)
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Filing 476
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #398 MOTION to Dismiss or, Alternatively MOTION to Strike #373 Amended Complaint,, (Wells, Kayla)
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Filing 475
REPLY filed by American Realty Trust, Inc re: #399 Motion to Dismiss for Failure to State a Claim (Kendall, Joe)
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Filing 474
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #473 MOTION to Compel Production of Documents from BDO Seidman, L.L.P. (Mychalowych, Andrew)
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Filing 473
MOTION to Compel Production of Documents from BDO Seidman, L.L.P. filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 472
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #471 Response/Objection. (Mychalowych, Andrew)
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Filing 471
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #461 Response/Objection. (Mychalowych, Andrew)
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Filing 470
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #469 MOTION for Leave to File Supplemental Appendices to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment (Mychalowych, Andrew)
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Filing 469
MOTION for Leave to File Supplemental Appendices to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Proposed Order) (Mychalowych, Andrew)
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Filing 468
(Document Restricted) Sealed Appendix in Support re: #467 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 467
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #447 Response/Objection (Mychalowych, Andrew)
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Filing 466
MOTION to Continue Request for Extension of Discovery Cutoff and Amendment to the Scheduling Order filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Attachments: #1 Proposed Order) (Khoury, Stephen)
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Filing 465
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #464 Reply, (Mychalowych, Andrew)
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Filing 464
COMBINED REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #420 MOTION for Protective Order and MOTION to Quash of Plaintiff Atlantic XIII, L.L.C., #418 MOTION for Protective Order and MOTION to Quash of Plaintiff Atlantic Midwest, L.L.C. (Mychalowych, Andrew)
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Filing 463
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #462 Reply (Mychalowych, Andrew)
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Filing 462
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #416 MOTION for Protective Order MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych (Mychalowych, Andrew)
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Filing 461
OBJECTION filed by Gene E Phillips re: #441 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #440 Appendix in Support (Wells, Kayla)
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Filing 460
REPLY filed by Gene E Phillips re: #375 MOTION for Summary Judgment (Wells, Kayla)
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Filing 459
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #400 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 458
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #457 Response/Objection (Mychalowych, Andrew)
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Filing 457
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #401 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 456
(Document Restricted) Sealed Appendix in Support re: #454 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 455
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #454 Response/Objection (Mychalowych, Andrew)
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Filing 454
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #399 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 453
(Document Restricted) Sealed Appendix in Support re: #451 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 452
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #451 Response/Objection (Mychalowych, Andrew)
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Filing 451
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #403 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 450
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #398 MOTION to Dismiss or, Alternatively MOTION to Strike #373 Amended Complaint,, (Mychalowych, Andrew)
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Filing 449
ORDER granting in part and denying in part #392 Motion for Protective Order and #393 Motion to Quash. (Ordered by Magistrate Judge Paul D Stickney on 5/24/2017) (ykp)
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NOTICE OF INTERLOCUTORY APPEAL as to #435 Order on Motion for Reconsideration of a Magistrate Judge order to the District Judge by American Realty Investors Inc. (see document #447 for image) Copy of NOA to be sent US Mail to parties not electronically noticed. (aaa)
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Filing 448
Appendix in Support filed by American Realty Investors Inc re #447 Response/Objection, #435 Order on Motion for Reconsideration (Khoury, Stephen)
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Filing 447
RESPONSE filed by American Realty Investors Inc re: #435 Order on Motion for Reconsideration (Khoury, Stephen)
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Filing 446
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #420 MOTION for Protective Order and MOTION to Quash of Plaintiff Atlantic XIII, L.L.C., #418 MOTION for Protective Order and MOTION to Quash of Plaintiff Atlantic Midwest, L.L.C. (Wells, Kayla)
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Filing 445
REPLY filed by Transcontinental Realty Investors Inc re: #392 MOTION for Protective Order and for Stay, #393 MOTION to Quash or Modify Subpoena (Kendall, Joe)
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Filing 444
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re #443 Response/Objection, to Motion for Protective Order and Motion to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Wells, Kayla)
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Filing 443
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #416 MOTION for Protective Order MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych (Wells, Kayla)
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Filing 442
ORDER denying #382 Motion to Quash Subpoenas. The Court grants Non-Party's alternative request to extend the compliance deadlines. Non-Party shall comply with Plaintiffs' subpoenas by June 30, 2017. (see order) (Ordered by Magistrate Judge Paul D Stickney on 5/15/2017) (mcrd)
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Filing 441
(Document Restricted) Sealed Appendix in Support re: #439 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 440
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #439 Response/Objection (Mychalowych, Andrew)
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Filing 439
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #375 MOTION for Summary Judgment (Mychalowych, Andrew)
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Filing 438
REPLY filed by Farmer Fuqua & Huff PC re: #382 MOTION to Quash (Holmgren, Dennis)
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Filing 437
ORDER denying #370 Swalm & Associates, P.C.'s Motion to Quash Plaintiffs' Subpoenas. However, the Court grants Non-Party's alternative request to extend the compliance deadlines for the subpoenas. Non-Party shall comply with Plaintiffs' subpoenas by 6/30/2017. (Ordered by Magistrate Judge Paul D Stickney on 5/10/2017) (axm)
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Filing 436
ORDER granting in part and denying in part #348 Plaintiffs' Motion to Sanction Defendants for Contempt, to Deem Specific Facts as Established and to Prohibit Defendants from Introducing Designated Matters into Evidence. (Ordered by Magistrate Judge Paul D Stickney on 5/10/2017) (axm)
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Filing 435
ORDER denying #311 ARI's Amended Motion to Reconsider Order DE #289 and Emergency Motion to Stay Sanction of Expense Payment. (Ordered by Magistrate Judge Paul D Stickney on 5/10/2017) (axm)
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Filing 434
ORDER denying #254 Plaintiffs' Motion to Preclude Defendants from Introducing Evidence/Testimony Inconsistent With Their Prior Statements to the Bankruptcy Court. (Ordered by Magistrate Judge Paul D Stickney on 5/10/2017) (axm)
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Filing 433
ORDER granting in part and denying in part #313 Plaintiffs' Amended Motion to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, Request for Sanctions. (Ordered by Magistrate Judge Paul D Stickney on 5/10/2017) (axm)
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Filing 432
(Document Restricted) Sealed Appendix in Support re: #430 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 431
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #430 Response/Objection (Mychalowych, Andrew)
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Filing 430
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #393 MOTION to Quash or Modify Subpoena (Mychalowych, Andrew)
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Filing 429
(Document Restricted) Sealed Appendix in Support re: #427 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 428
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #427 Response/Objection (Mychalowych, Andrew)
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Filing 427
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #392 MOTION for Protective Order and for Stay (Mychalowych, Andrew)
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Filing 426
ELECTRONIC ORDER denying as moot #412 Plaintiffs' Motion for Protective Order and Motion to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych. #416 Plaintiffs' Corrected Motion for Protective Order and Motion to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych was filed on same date. (Ordered by Magistrate Judge Paul D. Stickney on 5/1/2017) (chmb)
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Filing 425
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. re: #420 MOTION for Protective Order and MOTION to Quash of Plaintiff Atlantic XIII, L.L.C., #418 MOTION for Protective Order and MOTION to Quash of Plaintiff Atlantic Midwest, L.L.C. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 4/28/2017) (Judge Sidney A Fitzwater)
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Filing 424
ORDER granting #405 MOTION for extension of time to file response to #375 defendant Gene Phillips' motion for summary judgment. Response due by 5/12/2017. (Ordered by Judge Sidney A Fitzwater on 4/28/2017) (Judge Sidney A Fitzwater)
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Filing 423
Appendix in Support filed by Gene E Phillips re #422 Response/Objection (Wells, Kayla)
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Filing 422
RESPONSE filed by Gene E Phillips re: #410 Emergency MOTION to Extend Time to File Response to Defendant Gene Phillips' Motion for Summary Judgment CORRECTED (Wells, Kayla)
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Filing 421
Appendix in Support filed by Atlantic XIII LLC re #420 MOTION for Protective Order and MOTION to Quash of Plaintiff Atlantic XIII, L.L.C. (Mychalowych, Andrew)
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Filing 420
MOTION for Protective Order and, MOTION to Quash of Plaintiff Atlantic XIII, L.L.C. () filed by Atlantic XIII LLC with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 419
Appendix in Support filed by Atlantic Midwest LLC re #418 MOTION for Protective Order and MOTION to Quash of Plaintiff Atlantic Midwest, L.L.C. (Mychalowych, Andrew)
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Filing 418
MOTION for Protective Order and, MOTION to Quash of Plaintiff Atlantic Midwest, L.L.C. () filed by Atlantic Midwest LLC with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 417
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #416 MOTION for Protective Order and MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych CORRECTED (Mychalowych, Andrew)
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Filing 416
Corrected MOTION for Protective Order, MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew) Modified text on 4/27/2017 (sss).
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Filing 415
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. re: #412 MOTION for Protective Order and MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 4/27/2017) (Judge Sidney A Fitzwater)
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Filing 414
ORDER GRANTING AGREED MOTION FILED BY PLAINTIFFS #409 FOR EXTENSION OF TIME TO FILE RESPONSES TO DEFENDANTS' MOTIONS TO DISMISS (DE #398 , #399 , #400 , #401 , & #403 ) AND FOR DEFENDANTS TO FILE THEIR REPLIES IN SUPPORT OF THEIR MOTIONS TO DISMISS: Plaintiffs' Responses will be due on or before 5/26/2017. Defendants' Replies will be due 28 days after the filing date of Plaintiffs' Responses. (Ordered by Judge Sidney A Fitzwater on 4/27/2017) (sss) Modified on 4/27/2017 (gr).
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Filing 413
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #412 MOTION for Protective Order and MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych (Mychalowych, Andrew)
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Filing 412
MOTION for Protective Order and, MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych () filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 411
ORDER: Responses due by 4/28/2017 at noon CDT re: #405 MOTION to Extend Time to File Response to Defendant Gene Phillips' Motion for Summary Judgment, #410 Emergency MOTION to Extend Time to File Response to Defendant Gene Phillips' Motion for Summary Judgment. (Ordered by Judge Sidney A Fitzwater on 4/26/2017) (Judge Sidney A Fitzwater)
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Filing 410
Corrected Emergency MOTION to Extend Time to File Response to Defendant Gene Phillips' Motion for Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Proposed Order) (Mychalowych, Andrew)
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Filing 409
Agreed MOTION to Extend Time to File Responses to Defendants' Motions to Dismiss (DE 398, 399, 400, 401, & 403) and for Defendants to File their Replies in Support of their Motions to Dismiss filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Proposed Order) (Mychalowych, Andrew)
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Filing 408
(Document Restricted) Sealed Appendix in Support re: #406 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 407
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #406 Response/Objection (Mychalowych, Andrew)
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Filing 406
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #382 MOTION to Quash (Mychalowych, Andrew)
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Filing 405
MOTION to Extend Time to File Response to Defendant Gene Phillips' Motion for Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Proposed Order) (Mychalowych, Andrew)
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Filing 404
Appendix in Support filed by American Realty Investors Inc re #403 Motion to Dismiss for Failure to State a Claim (Khoury, Stephen)
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Filing 403
Motion to Dismiss for Failure to State a Claim filed by American Realty Investors Inc with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 402
Appendix in Support filed by EQK Holdings Inc re #401 Motion to Dismiss for Failure to State a Claim (Khoury, Stephen)
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Filing 401
Motion to Dismiss for Failure to State a Claim filed by EQK Holdings Inc with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 400
Motion to Dismiss for Failure to State a Claim filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 399
Motion to Dismiss for Failure to State a Claim filed by American Realty Trust, Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 398
MOTION to Dismiss or, Alternatively, MOTION to Strike #373 Amended Complaint, filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 397
ORDER OF JOINT AGREED MOTION TO AMEND SCHEDULING ORDER re: #395 Motion to Amend/Correct. Discovery due by 7/31/2017. Motions due by 8/31/2017. (Ordered by Judge Sidney A Fitzwater on 4/19/2017) (epm)
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Filing 396
ADVISORY TO COUNSEL: Please submit your proposed order for this motion -- in modifiable Word or WordPerfect format -- to Fitzwater_Orders@txnd.uscourts.gov. re #395 Agreed MOTION to Amend/Correct #218 Scheduling Order filed by American Realty Investors Inc, EQK Holdings Inc, Gene E Phillips. (Judge Sidney A. Fitzwater)
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Filing 395
Agreed MOTION to Amend/Correct #218 Scheduling Order filed by American Realty Investors Inc, EQK Holdings Inc, Gene E Phillips (Khoury, Stephen)
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Filing 394
Order Referring #392 Motion for Protective Order and for Stay, and #393 Motion to Quash or Modify Subpoena to Magistrate Judge Paul D Stickney for determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. (Ordered by Judge Sidney A Fitzwater on 4/14/2017) (axm)
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Filing 393
MOTION to Quash or Modify Subpoena filed by Transcontinental Realty Investors Inc (Attachments: #1 Declaration(s) Declaration of Gene Bertcher, #2 Proposed Order) (Kendall, Joe)
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Filing 392
MOTION for Protective Order and for Stay filed by Transcontinental Realty Investors Inc (Attachments: #1 Affidavit(s) Declaration of Gene Bertcher, #2 Proposed Order) (Kendall, Joe)
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Filing 391
(Document Restricted) Sealed Appendix in Support re: #389 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 390
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #389 Response/Objection (Mychalowych, Andrew)
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Filing 389
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #370 MOTION to Quash Plaintiffs' Subpoenas (Mychalowych, Andrew)
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Filing 388
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. Motion(s) #382 MOTION to Quash referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 4/6/2017) (epm)
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Filing 387
ORDER denying as moot #319 Motion for Protective Order and Motion to Quash; denying as moot #322 Emergency Motion of ARI to Expedite Ruling on ARIs Motion for Protective Order and Motion to Quash DE 319. (see order) (Ordered by Magistrate Judge Paul D Stickney on 4/6/2017) (mcrd)
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Filing 386
ORDER denying as moot #304 Motion to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, MOTION for Sanctions. (see order) (Ordered by Magistrate Judge Paul D Stickney on 4/6/2017) (mcrd)
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Filing 385
NOTICE of Objection to Subpoena re: #374 Affidavit of Service filed by Farmer, Fuqua & Huff, PC (Holmgren, Dennis)
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Filing 384
NOTICE of Objection to Subpoena re: #366 Affidavit of Service filed by Farmer, Fuqua & Huff, PC (Holmgren, Dennis)
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Filing 383
Brief/Memorandum in Support filed by Farmer, Fuqua & Huff, PC re #382 MOTION to Quash (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Holmgren, Dennis)
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Filing 382
MOTION to Quash filed by Farmer, Fuqua & Huff, PC. Party Farmer, Fuqua & Huff, PC added.Attorney Dennis M Holmgren added to party Farmer, Fuqua & Huff, PC(pty:obj) (Holmgren, Dennis)
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Filing 381
ELECTRONIC ORDER granting #380 Agreed MOTION for Extension of Time to File Responsive Papers to Third Amended Complaint filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips. Defendants file their responsive papers to Plaintiffs' Third Amended Complaint on or before April 21, 2017. Responsive pleading due by 4/21/2017. (Ordered by Judge Sidney A Fitzwater on 4/4/2017) (Judge Sidney A Fitzwater)
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Filing 380
Agreed MOTION for Extension of Time to File Responsive Papers to Third Amended Complaint filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Wells, Kayla)
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Filing 379
AFFIDAVIT of Service for Subpoena served on Gary B Goolsby on 3/22/17. (twd)
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Filing 378
ELECTRONIC ORDER granting #377 Agreed MOTION to Extend Time to File Response to #375 Defendant Gene E. Phillips' Motion for Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. Response due by 5/2/2017. (Ordered by Judge Sidney A Fitzwater on 3/30/2017) (Judge Sidney A Fitzwater)
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Filing 377
Agreed MOTION to Extend Time to File Response to Defendant Gene E. Phillips' Motion for Summary Judgment filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew)
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Filing 376
Appendix in Support filed by Gene E Phillips re #375 MOTION for Summary Judgment (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19) (Wells, Kayla)
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Filing 375
MOTION for Summary Judgment filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 374
AFFIDAVIT of Service for Subpoenas served on Swalm & Associates PC and Farmer, Fuqua & Huff PC on 3/17/2017. (twd)
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Filing 373
AMENDED COMPLAINT Third against American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Mychalowych, Andrew)
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Filing 372
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. re: #370 MOTION to Quash Plaintiffs' Subpoenas Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 3/23/2017) (Judge Sidney A Fitzwater)
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Filing 371
Brief/Memorandum in Support filed by Swalm & Associates re #370 MOTION to Quash Plaintiffs' Subpoenas (Attachments: #1 Exhibit(s) Exh A_Subpoena, #2 Exhibit(s) Exh B_2nd Subpoena) (Kessler, Gary)
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Filing 370
MOTION to Quash Plaintiffs' Subpoenas filed by Swalm & Associates (Attachments: #1 Proposed Order). Party Swalm & Associates added.Attorney Gary S Kessler added to party Swalm & Associates(pty:mov) (Kessler, Gary)
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Filing 369
Proof of Service for Subpoenas served on BDO Seldman and Scott D Hakala on 3/17/2017. (twd)
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Filing 368
PROOF of Service for Subpoena served on Transcontinental Realty Investors Inc on 3/14/2017. (aaa)
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Filing 367
MEMORANDUM OPINION AND ORDER granting in part, denying in part #342 MOTION for Leave to File Third Amended Complaint filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 3/14/2017) (Judge Sidney A Fitzwater)
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Filing 366
Proof of Service for Subpoenas served on Farmer, Fuqua & Huff, PC on 3/8/2107; and on Swalm & Associates PC on 3/8/2017. (Attachments: #1 subpoena) (epm)
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Filing 365
(Document Restricted) Sealed Appendix in Support re: #363 Reply (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 364
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #363 Reply (Mychalowych, Andrew)
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Filing 363
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #358 Response/Objection, #356 Response/Objection (Mychalowych, Andrew)
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Filing 362
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #354 Response/Objection (Mychalowych, Andrew)
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Filing 361
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #355 Response/Objection (Mychalowych, Andrew)
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Filing 360
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #359 Reply to Defendant ARI and EQK's Response to Plaintiffs' Motion for Leave to File Third Amended Complaint (Mychalowych, Andrew)
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Filing 359
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #352 Response/Objection (Mychalowych, Andrew)
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Filing 358
RESPONSE filed by American Realty Trust, Inc re: #348 MOTION to Sanction Defendants for Contempt, to Deem Specific Facts as Established and to Prohibit Defendants from Introducing Designated Matters into Evidence (Kendall, Joe)
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Filing 357
Appendix in Support filed by American Realty Investors Inc re #356 Response/Objection, #348 MOTION to Sanction Defendants for Contempt, to Deem Specific Facts as Established and to Prohibit Defendants from Introducing Designated Matters into Evidence (Khoury, Stephen)
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Filing 356
RESPONSE filed by American Realty Investors Inc re: #348 MOTION to Sanction Defendants for Contempt, to Deem Specific Facts as Established and to Prohibit Defendants from Introducing Designated Matters into Evidence (Khoury, Stephen)
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Filing 355
RESPONSE filed by American Realty Trust, Inc re: #342 MOTION for Leave to File Third Amended Complaint (Kendall, Joe)
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Filing 354
RESPONSE filed by Gene E Phillips re: #342 MOTION for Leave to File Third Amended Complaint (Wells, Kayla)
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Filing 353
Appendix in Support filed by American Realty Investors Inc, EQK Holdings Inc re #352 Response/Objection to Plaintiffs' Motion for Leave to File Third Amended Complaint (Khoury, Stephen)
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Filing 352
RESPONSE filed by American Realty Investors Inc, EQK Holdings Inc re: #342 MOTION for Leave to File Third Amended Complaint (Khoury, Stephen)
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Filing 351
ORDER OF REFERENCE referring #254 Motion to Preclude Defendants and #348 Motion to Sanction Defendants to Magistrate Judge Paul D Stickney for determination and/or recommendation. (Ordered by Judge Sidney A Fitzwater on 1/23/2017) (ran)
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Filing 350
(Document Restricted) Sealed Appendix in Support re: #348 Motion for Miscellaneous Relief, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 349
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #348 MOTION to Sanction Defendants for Contempt, to Deem Specific Facts as Established and to Prohibit Defendants from Introducing Designated Matters into Evidence (Mychalowych, Andrew)
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Filing 348
MOTION to Sanction Defendants for Contempt, to Deem Specific Facts as Established and to Prohibit Defendants from Introducing Designated Matters into Evidence filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 347
(Document Restricted) Sealed Appendix in Support re: #345 Reply, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 346
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #345 Reply, in Support of Amended Motion to Compel Deposition Testimony of Defendant Gene Phillips (Mychalowych, Andrew)
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Filing 345
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #313 Amended MOTION to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, Request for Sanctions (Mychalowych, Andrew)
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Filing 344
(Document Restricted) Sealed Appendix in Support re: #342 Motion for Leave to File (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 343
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #342 MOTION for Leave to File Third Amended Complaint (Mychalowych, Andrew)
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Filing 342
MOTION for Leave to File Third Amended Complaint filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 341
ELECTRONIC ORDER granting #339 Motion to Extend Time. Reply due by 1/13/2017. (Ordered by Magistrate Judge Paul D. Stickney on 12/23/2016) (chmb)
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Filing 340
ELECTRONIC ORDER granting #338 Motion to Extend Time to File Reply. Reply due by 1/13/2017. (Ordered by Magistrate Judge Paul D. Stickney on 12/23/2016) (chmb)
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Filing 339
Agreed MOTION to Extend Time to File Plaintiffs' Reply in Support of Plaintiffs' Amended Motion to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, and Request for Sanctions (DE 313) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Proposed Order) (Mychalowych, Andrew)
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Filing 338
MOTION for Extension of Time to File Response/Reply to #319 MOTION for Protective Order and Motion to Quash MOTION to Quash filed by American Realty Investors Inc (Attachments: #1 Proposed Order) (Khoury, Stephen)
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Filing 337
Appendix in Support filed by American Realty Investors Inc re #336 Reply (Khoury, Stephen)
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Filing 336
REPLY filed by American Realty Investors Inc re: #289 Order on Motion for Sanctions (Khoury, Stephen)
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Filing 335
Appendix in Support filed by Gene E Phillips re #334 Response/Objection to Plaintiffs' Amended Motion to Compel Deposition Testimony of Defendant Gene E. Phillips, Motion to Compel Production of Documents, Request for Sanctions, and Brief in Support (Wells, Kayla)
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Filing 334
RESPONSE filed by Gene E Phillips re: #313 Amended MOTION to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, Request for Sanctions (Wells, Kayla)
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Filing 333
ORDER clarifying the status of the challenges of defendant American Realty Investors, Inc. to the magistrate judge's November 9, 2016 sanction order [ECF 289]. The court considers ARI's November 28, 2016 amended motion to reconsider the Sanction Order and emergency motion to stay sanction of expense payment [ECF 311] to be pending before the magistrate judge. Although ARI's November 28, 2016 appeal of the Sanction Order and emergency motion to stay sanction of expense payment [ECF 309]--originally docketed by counsel as a "RESPONSE AND OBJECTION" to the Sanction Order--are pending before this court, the court does not intend to act on the appeal or motion to stay while the November 28, 2016 amended motion to reconsider the Sanction Order and emergency motion to stay sanction of expense payment [ECF 311] are pending before the magistrate judge. (Ordered by Judge Sidney A Fitzwater on 12/20/2016) (Judge Sidney A Fitzwater)
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Filing 332
(Document Restricted) Sealed Appendix in Support re: #330 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 331
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #330 Response/Objection (Mychalowych, Andrew)
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Filing 330
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #319 MOTION for Protective Order and Motion to Quash MOTION to Quash (Mychalowych, Andrew)
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Filing 328
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #311 Amended MOTION for Reconsideration re #289 Order on Motion for Sanctions (Attachments: #1 Exhibit(s) 1 - Plaintiffs' Response to Appeal Magistrate Order DE 289) (Mychalowych, Andrew)
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Filing 327
(Document Restricted) Sealed Appendix in Support re: #325 Response/Objection (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 326
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #325 Response/Objection (Mychalowych, Andrew) Modified event text on 12/19/2016 (rekc).
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Filing 325
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #309 Response/Objection (Mychalowych, Andrew)
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Filing 324
TRIAL SETTING ORDER: Trial set for 10/30/2017 before Judge Sidney A Fitzwater. (Ordered by Judge Sidney A Fitzwater on 12/19/2016) (epm)
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Filing 323
Supplemental Document by American Realty Investors Inc as to #310 Appendix in Support of Appeal by Defendant American Realty Investors, Inc. of Magistrate Order DE 289 and Emergency Motion to Stay Sanction of Expense Payment. (Khoury, Stephen)
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Filing 322
Emergency MOTION to Expedite Ruling on ARI's Motion for Protective Order and Motion to Quash at DE 319 filed by American Realty Investors Inc (Khoury, Stephen)
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Filing 321
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. re: #319 MOTION for Protective Order and Motion to Quash MOTION to Quash. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 12/1/2016) (ykp)
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Filing 320
(Document Restricted) ORDER denying without prejudice #290 Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents. (Ordered by Magistrate Judge Paul D. Stickney on 11/30/2016) (chmb)
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Filing 319
MOTION for Protective Order and Motion to Quash filed by American Realty Investors Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1) (Khoury, Stephen).
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Filing 318
REPLY filed by American Realty Investors Inc re #316 Response/Objection to Plaintiffs' Response to Objections of ARI Regarding Attorney Fees Affidavit (Khoury, Stephen) Modified title on 12/1/2016 (awc).
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Filing 317
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #316 Response/Objection (Mychalowych, Andrew)
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Filing 316
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #298 Response/Objection (Mychalowych, Andrew)
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Filing 315
(Document Restricted) Sealed Appendix in Support re: #313 Motion to Compel, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 314
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #313 Amended MOTION to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, Request for Sanctions with Certificate of Service (Mychalowych, Andrew)
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Filing 313
Amended MOTION to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, Request for Sanctions filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 329
Emergency MOTION to Stay Sanction of Expense Payment re: #289 Order on Motion for Sanctions, filed by American Realty Investors Inc. Motion included in document #309 Response. (mem)
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Filing 312
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. re: #304 MOTION to Compel Deposition Testimony of Defendant Gene Phillips, MOTION to Compel Production of Documents, MOTION for Sanctions Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 11/28/2016) (twd)
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Filing 311
Amended MOTION for Reconsideration re #289 Order on Motion for Sanctions filed by American Realty Investors Inc (Attachments: #1 Exhibit(s) 1) (Khoury, Stephen)
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Filing 310
Appendix in Support filed by American Realty Investors Inc re #289 Order on Motion for Sanctions, #309 Response/Objection (Khoury, Stephen)
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Filing 309
RESPONSE AND OBJECTION filed by American Realty Investors Inc re: #289 Order on Motion for Sanctions (Khoury, Stephen)
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Filing 308
MOTION for Reconsideration re #289 Order on Motion for Sanctions filed by American Realty Investors Inc (Khoury, Stephen)
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Filing 307
CERTIFICATE of Conference re #297 Affidavit Amended by Andrew W Mychalowych on behalf of Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 306
(Document Restricted) Sealed Appendix in Support re: #304 Motion to Compel, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 305
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #304 MOTION to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, Request for Sanctions (Mychalowych, Andrew)
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Filing 304
MOTION to Compel Deposition Testimony of Defendant Gene Phillips, Motion to Compel Production of Documents, MOTION for Sanctions filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew). Added MOTION to Compel Production of Documents, MOTION for Sanctions on 11/28/2016 (twd).
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Filing 303
(Document Restricted) Sealed Appendix in Support re: #301 Reply, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 302
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #301 Reply, to Defendants' Response to Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents (Mychalowych, Andrew)
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Filing 301
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #290 Sealed Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents and Brief in Support (Mychalowych, Andrew)
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Filing 300
Appendix in Support filed by American Realty Investors Inc, EQK Holdings Inc re #299 Response/Objection, to Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents (Khoury, Stephen)
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Filing 299
RESPONSE filed by American Realty Investors Inc, EQK Holdings Inc re: #290 (Document Restricted) Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents and Brief in Support (Sealed pursuant to order dated 4/26/2016) (Khoury, Stephen)
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Filing 298
OBJECTION filed by American Realty Investors Inc re: #297 Affidavit (Attachments: #1 Exhibit(s) 1) (Khoury, Stephen)
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Filing 297
AFFIDAVIT re #289 Order on Motion for Sanctions with Detailed Attorney Billing and Costs Information and Certificate of Conference by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew)
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Filing 296
ORDER granting #292 Motion to Expedite Briefing Schedule. Response due by 11/21/2016. Reply due by 11/23/2016. (Ordered by Magistrate Judge Paul D. Stickney on 11/16/2016) (chmb)
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Filing 295
RESPONSE AND OBJECTION filed by American Realty Investors Inc re: #292 MOTION Plaintiffs' Emergency Motion to Expedite Briefing Schedule re #290 (Document Restricted) Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents and Brief in Su (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Proposed Order) (Khoury, Stephen)
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Filing 294
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. re: #290 (Document Restricted) Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents and Brief in Support (Sealed pursuant to order dated 4/26/2016), #292 MOTION Plaintiffs' Emergency Motion to Expedite Briefing Schedule. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the United States Magistrate Judge's resolution of the motion. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 11/15/2016) (ndt)
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Filing 293
(Document Restricted) Sealed Appendix in Support re: #290 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 292
MOTION Plaintiffs' Emergency Motion to Expedite Briefing Schedule re #290 (Document Restricted) Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents and Brief in Support (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 291
***PLEASE DISREGARD PER ATTY; SEE DOC #293 FOR CORRECTED VERSION*** (Document Restricted) Sealed Appendix in Support re: #290 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew) Modified on 11/14/2016 (axm).
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Filing 290
(Document Restricted) Plaintiffs' Expedited Motion to Compel Testimony of Designated Corporate Representative Regarding Claimed Privileged Documents and Brief in Support (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 289
ORDER granting in part and denying in part #251 Motion to Sanction Defendant American Realty Investors,Inc. for Discovery Abuses. (see order) (Ordered by Magistrate Judge Paul D Stickney on 11/9/2016) (mcrd)
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Filing 288
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #287 Reply, to Defendants' Response to Plaintiffs' Motion to Preclude (Mychalowych, Andrew)
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Filing 287
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #254 MOTION to Preclude Defendants from Introducing Evidence/Testimony Inconsistent with Their Prior Statements to the Bankruptcy Court, SEC and/or IRS and Brief in Support - Oral Argument Requested, #275 Response/Objection, (Mychalowych, Andrew)
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Filing 286
***Incorrect PDF - See Doc #287*** REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #254 MOTION to Preclude Defendants from Introducing Evidence/Testimony Inconsistent with Their Prior Statements to the Bankruptcy Court, SEC and/or IRS and Brief in Support - Oral Argument Requested (Mychalowych, Andrew) Modified text on 11/8/2016 (awc).
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Filing 285
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #284 Reply, to Gene Phillips's Response to Plaintiffs' Motion for Discovery Sanctions and Response to Motion for Sanctions (Mychalowych, Andrew) Modified typo on 11/8/2016 (awc).
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Filing 284
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #276 Response/Objection, #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested (Mychalowych, Andrew)
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Filing 283
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #282 Reply, to Defendant ART's Response to Plaintiffs' Motion for Discovery Sanctions (Mychalowych, Andrew)
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Filing 282
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #274 Response/Objection, #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested (Mychalowych, Andrew)
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Filing 281
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #280 Reply, to Defendant ARI's Response to Plaintiffs' Motion for Discovery Sanctions and Response to ARI's Motion for Sanctions (Mychalowych, Andrew)
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Filing 280
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #272 Response/Objection, #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested (Mychalowych, Andrew)
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Filing 279
ELECTRONIC ORDER granting #278 Motion for Leave to File Reply Brief in Excess of Page Limitation. (Ordered by Magistrate Judge Paul D. Stickney on 11/7/2016) (chmb)
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Filing 278
MOTION Plaintiffs' Emergency Motion for Leave to File Reply Brief in Excess of Page Limitation Set Forth in Local Rule 7.2 re #272 Response/Objection, #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 277
Appendix in Support filed by Gene E Phillips re #276 Response/Objection (Wells, Kayla)
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Filing 276
RESPONSE filed by Gene E Phillips re: #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested (Wells, Kayla)
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Filing 275
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #254 MOTION to Preclude Defendants from Introducing Evidence/Testimony Inconsistent with Their Prior Statements to the Bankruptcy Court, SEC and/or IRS and Brief in Support - Oral Argument Requested (Attachments: #1 Exhibit(s) Ex A, #2 Exhibit(s) Ex B) (Kendall, Joe)
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Filing 274
RESPONSE filed by American Realty Trust, Inc re: #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested (Kendall, Joe)
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Filing 273
Appendix in Support filed by American Realty Investors Inc re #272 Response/Objection (Attachments: #1 Additional Page(s) Appendix H - I, #2 Additional Page(s) Appendix J - O) (Khoury, Stephen)
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Filing 272
RESPONSE filed by American Realty Investors Inc re: #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested (Khoury, Stephen)
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Filing 271
ELECTRONIC ORDER granting #267 Motion for Joinder. (Ordered by Magistrate Judge Paul D. Stickney on 10/12/2016) (chmb)
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Filing 270
ELECTRONIC ORDER granting #266 Motion to Extend Time to File Response/Reply. Responses due by 10/24/2016. (Ordered by Magistrate Judge Paul D. Stickney on 10/12/2016) (chmb)
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Filing 269
ORDER granting #268 Motion for Extension of Time to File Response/Reply to #254 motion. Responses due by 10/24/2016. (Ordered by Judge Sidney A Fitzwater on 10/12/2016) (ran)
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Filing 268
MOTION for Extension of Time to File Response/Reply to #254 MOTION to Preclude Defendants from Introducing Evidence/Testimony Inconsistent with Their Prior Statements to the Bankruptcy Court, SEC and/or IRS and Brief in Support - Oral Argument Requested filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 267
MOTION to Join in American Realty Investors, Inc.'s Motion to Extend Time to Respond to Plaintiffs' Motion for Sanctions of American Realty Investors, Inc. for Discovery Abuse and Brief in Support filed by American Realty Trust, Inc (Kendall, Joe) Modified typo on 10/12/2016 (awc).
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Filing 266
MOTION for Extension of Time to File Response/Reply to #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested filed by American Realty Investors Inc (Attachments: #1 Proposed Order) (Khoury, Stephen)
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Filing 265
ORDER granting in part and denying in part #263 Motion to Quash and MOTION for Protective Order. Upon review, the Court finds that the areas of inquiry are described with reasonable particularity as required under Rule 30(b)(6). Therefore, the parties are ordered to agree to a date prior to 10/31/2016 for the Rule 30(b)(6) deposition. (see order) (Ordered by Magistrate Judge Paul D Stickney on 10/5/2016) (mcrd)
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Filing 264
Order Referring #263 Motion for Protective Order and Motion to Quash to Magistrate Judge Paul D Stickney for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. (Ordered by Judge Sidney A Fitzwater on 10/4/2016) (Judge Sidney A Fitzwater)
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Filing 263
MOTION to Quash, MOTION for Protective Order filed by EQK Holdings Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit "1", #2 Proposed Order) (Khoury, Stephen)
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Filing 262
ORDER granting in part and denying in part #245 Motion for Protective Order and Motion to Quash. (Ordered by Magistrate Judge Paul D Stickney on 9/30/2016) (axm)
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Filing 261
ORDER re: #229 Plaintiffs' Motion to Compel Production of Documents in Native Format and Motion for Costs and Attorney Fees. Plaintiffs' Motion to Compel is DENIED without prejudice. The Court encourages the parties to resolve this matter without further Court intervention and directs Plaintiffs to utilize the appropriate expert to review the electronic information produced if it is necessary as suggested by EQK Holdings Inc and American Realty Investors Inc. (Ordered by Magistrate Judge Paul D Stickney on 9/30/2016) (axm)
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Filing 260
Order Referring Motion #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses to Magistrate Judge Paul D Stickney for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. (Ordered by Judge Sidney A Fitzwater on 9/26/2016) (Judge Sidney A Fitzwater)
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Filing 259
(Document Restricted) Full Deposition Transcript of Gene Bertcher from July 26, 2016 (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 258
(Document Restricted) Full Deposition Transcript of Daniel Moos from July 27, 2016 (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 257
(Document Restricted) Full Deposition Transcript of Daniel Moos from July 27, 2016 (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 256
(Document Restricted) Sealed Appendix in Support re: #254 Motion (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s) 2, App. 19-31 - Gene Bertcher Deposition Transcript Pages, #2 Exhibit(s) 3, App. 32-50 - Daniel Moos Deposition Transcript Pages) (Mychalowych, Andrew) Modified text on 9/26/2016 (mem).
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Filing 255
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #254 MOTION to Preclude Defendants from Introducing Evidence/Testimony Inconsistent with Their Prior Statements to the Bankruptcy Court, SEC and/or IRS and Brief in Support - Oral Argument Requested (Attachments: #1 Additional Page(s) Exhibits 1-4, App. 1-60) (Mychalowych, Andrew)
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Filing 254
MOTION to Preclude Defendants from Introducing Evidence/Testimony Inconsistent with Their Prior Statements to the Bankruptcy Court, SEC and/or IRS and Brief in Support - Oral Argument Requested filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 253
(Document Restricted) Sealed Appendix in Support re: #251 Motion for Sanctions, #252 Appendix in Support, (Sealed pursuant to order dated 4/26/2016) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s) 2, App. 7-76 - Gene Bertcher Deposition Transcript Pages, #2 Exhibit(s) 3, App. 77-102 - Daniel Moos Deposition Transcript Pages, #3 Exhibit(s) 4, App. 103 - Exhibit 15 to Gene Bertcher Deposition, #4 Exhibit(s) 5, App. 104-120- Exhibit 3 to Gene Bertcher Deposition) (Mychalowych, Andrew)
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Filing 252
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #251 MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested (Attachments: #1 Additional Page(s) Exhibits 1-10, App. 001-147) (Mychalowych, Andrew)
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Filing 251
MOTION for Sanctions of American Realty Investors, Inc. for Discovery Abuses and Brief in Support - Oral Argument Requested filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 250
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #245 MOTION for Protective Order and Motion to Quash (Attachments: #1 Exhibit(s) Re-Notice of Deposition of ARI, #2 Exhibit(s) ARI Deposition Notices, #3 Exhibit(s) Gene Bertcher Deposition Transcript) (Mychalowych, Andrew)
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Filing 249
First AMENDED ANSWER to #147 Second Amended Complaint filed by American Realty Trust, Inc. (twd)
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Filing 248
First AMENDED ANSWER to #147 Second Amended Complaint filed by American Realty Investors Inc, EQK Holdings Inc. (twd)
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Filing 247
ORDER granting #227 Motion for Leave to File (Unless the document has already been filed, clerk to enter the document as of the date of this order.); granting #228 Motion for Leave to File (Unless the document has already been filed, clerk to enter the document as of the date of this order.); denying without prejudice #236 Motion to Strike; and denying without prejudice #237 Motion to Strike. (Ordered by Judge Sidney A Fitzwater on 8/2/2016) (Judge Sidney A Fitzwater)
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Filing 246
ORDER OF REFERENCE: American Realty Investors Inc's #245 motion for protective order and motion to quash is REFERRED to United States Magistrate Judge Paul D. Stickney for determination. (Ordered by Judge Sidney A Fitzwater on 7/27/2016) (trk)
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Filing 245
MOTION for Protective Order and Motion to Quash filed by American Realty Investors Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4, #5 Exhibit(s) Exhibit 5, #6 Exhibit(s) Exhibit 6, #7 Proposed Order) (Khoury, Stephen)
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Filing 244
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #237 MOTION to Strike Defendant American Realty Trust, Inc.'s Affirmative Defenses and Proposed Affirmative Defenses, #236 MOTION to Strike Defendants' American Realty Investors, Inc. and EQK Holdings, Inc.'s Affirmative Defenses and Proposed Additional Affirmative Defenses (Mychalowych, Andrew)
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Filing 243
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc re: #237 MOTION to Strike Defendant American Realty Trust, Inc.'s Affirmative Defenses and Proposed Affirmative Defenses, #236 MOTION to Strike Defendants' American Realty Investors, Inc. and EQK Holdings, Inc.'s Affirmative Defenses and Proposed Additional Affirmative Defenses (Kendall, Joe)
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Filing 242
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc re: #228 MOTION for Leave to File First Amended Answer, #227 MOTION for Leave to File Amended Answer and Affirmative Defenses (Kendall, Joe)
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Filing 241
Order Referring #229 MOTION to Compel Production of Documents in Native Format and for Attorney Fees and Costs for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 5/31/2016) (Judge Sidney A Fitzwater)
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Filing 240
REPLY filed by Gene E Phillips re: #233 Order, (Wells, Kayla)
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Filing 239
REPLY filed by American Realty Trust, Inc re: #233 Order, (McKey, Jamie)
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Filing 238
REPLY filed by American Realty Investors Inc, EQK Holdings Inc re: #233 Order, (Khoury, Stephen)
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Filing 237
MOTION to Strike Defendant American Realty Trust, Inc.'s Affirmative Defenses and Proposed Affirmative Defenses filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Ex. 1 Voluntary Petition Nevada Bankruptcy, #2 Exhibit(s) Ex. 2 Order Dismissing Nevada Bankruptcy, #3 Exhibit(s) Ex. 3 Voluntary Petition Georgia Bankruptcy, #4 Exhibit(s) Ex. 4 Ordering Transferring Georgia Bankruptcy to TX, #5 Exhibit(s) Ex. 5 Order Granting Motion to Dismiss Texas Bankruptcy, #6 Exhibit(s) Ex. 6 Order Denying Motion to Reconsider Texas Bankruptcy Dismissal, #7 Exhibit(s) Ex. 7 ARI SEC Form 10-K Documents, #8 Exhibit(s) Ex. 8 Certifications of SEC Filings) (Mychalowych, Andrew)
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Filing 236
MOTION to Strike Defendants' American Realty Investors, Inc. and EQK Holdings, Inc.'s Affirmative Defenses and Proposed Additional Affirmative Defenses filed by Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Ex. 1 Voluntary Petition Nevada Bankruptcy, #2 Exhibit(s) Ex. 2 Order Dismissing Nevada Bankruptcy, #3 Exhibit(s) Ex. 3 Voluntary Petition Georgia Bankruptcy, #4 Exhibit(s) Ex. 4 Ordering Transferring Georgia Bankruptcy to Texas, #5 Exhibit(s) Ex. 5 Order Granting Motion to Dismiss Texas Bankruptcy, #6 Exhibit(s) Ex. 6 Order Denying Motion to Reconsider Texas Bankruptcy Dismissal, #7 Exhibit(s) Ex. 7 ARI SEC Form 10-K Documents, #8 Exhibit(s) Ex. 8 Certifications of SEC Filings) (Mychalowych, Andrew)
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Filing 235
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #227 MOTION for Leave to File Amended Answer and Affirmative Defenses (Attachments: #1 Exhibit(s) Ex. 1 Voluntary Petition Nevada Bankruptcy, #2 Exhibit(s) Ex. 2 Order Dismissing Nevada Bankruptcy, #3 Exhibit(s) Ex. 3 Voluntary Petition Georgia Bankruptcy, #4 Exhibit(s) Ex. 4 Ordering Transferring Georgia Bankruptcy to Texas, #5 Exhibit(s) Ex. 5 Order Granting Motion to Dismiss Texas Bankruptcy, #6 Exhibit(s) Ex. 6 Order Denying Motion to Reconsider Texas Bankruptcy Dismissal, #7 Exhibit(s) Ex. 7 ARI SEC Form 10-K Documents, #8 Exhibit(s) Ex. 8 Certifications of SEC Filings) (Mychalowych, Andrew)
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Filing 234
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #228 MOTION for Leave to File First Amended Answer (Attachments: #1 Exhibit(s) Ex. 1 Voluntary Petition Nevada Bankruptcy, #2 Exhibit(s) Ex. 2 Order Dismissing Nevada Bankruptcy, #3 Exhibit(s) Ex. 3 Voluntary Petition Georgia Bankruptcy, #4 Exhibit(s) Ex. 4 Ordering Transferring Georiga Bankruptcy to Texas, #5 Exhibit(s) Ex. 5 Order Granting Motion to Dismiss Texas Bankruptcy, #6 Exhibit(s) Ex. 6 Order Denying Motion to Reconsider Texas Bankruptcy Dismissal, #7 Exhibit(s) Ex. 7 ARI SEC Form 10-K Documents, #8 Exhibit(s) Ex. 8 Certifications of SEC Filings) (Mychalowych, Andrew)
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Filing 233
ORDER re briefing and conference/hearing procedure for consideration of #229 MOTION to Compel Production of Documents in Native Format, MOTION for Attorney Fees and Costs filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 5/12/2016) (Judge Sidney A Fitzwater)
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Filing 232
CERTIFICATE of Conference re #230 MOTION for Leave to File Sealed Exhibit 2 to Motion to Compel Production of Documents at DE 229 Amended by Andrew W Mychalowych on behalf of Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 231
ORDER granting Plaintiffs' #230 Motion to Seal Exhibit 2 to #229 Motion to Compel Production of Documents in Native Format and Plaintiffs' Motion for Costs and Attorney Fees. In granting this motion, the court notes that the certificate of conference does not comply with N.D. Tex. Civ. R. 7.1(b)(3), which provides that, if a conference is not held, the certificate must explain why it was not possible to confer. The court expects all parties to comply with the certificate of conference requirements of the local civil rules. (Ordered by Judge Sidney A Fitzwater on 5/10/2016) (twd)
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Filing 230
MOTION for Leave to File Sealed Exhibit 2 to Motion to Compel Production of Documents at DE 229 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 229
MOTION to Compel Production of Documents in Native Format, MOTION for Attorney Fees and Costs () filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Brief in Support of Motion to Compel, #2 Exhibit(s) Correspondence from Khoury dated 2.1.16 (modified to add restriction per Doc #226 , #3 Exhibit(s) Affidavit of Thomas Frazee, #4 Exhibit(s) Email from Khoury dated 4.29.16) (Mychalowych, Andrew) Docket entry security for attachment 3 (Exhibit 2) Modified on 5/10/2016 (twd).
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Filing 228
MOTION for Leave to File First Amended Answer filed by American Realty Trust, Inc (Attachments: #1 Exhibit(s) "A", #2 Proposed Order Granting Motion for Leave to File First Amended Answer) (Kendall, Joe)
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Filing 227
MOTION for Leave to File Amended Answer and Affirmative Defenses filed by American Realty Investors Inc, EQK Holdings Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit "A") (Khoury, Stephen)
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Filing 226
CONFIDENTIALITY AND PROTECTIVE ORDER. (Ordered by Judge Sidney A Fitzwater on 4/26/2016) (Judge Sidney A Fitzwater)
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Filing 225
NOTICE of Attorney Appearance by Cora Morgan on behalf of Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Filer confirms contact info in ECF is current.) (Morgan, Cora)
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Filing 224
ELECTRONIC ORDER terminating #222 Application for Admission Pro Hac Vice of Cora L. Morgan. The application is duplicative of an application granted by the court (although this application corrects the local counsel designation). (Ordered by Judge Sidney A Fitzwater on 4/18/2016) (Judge Sidney A Fitzwater)
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Filing 223
ELECTRONIC ORDER granting #219 Application for Admission Pro Hac Vice of Cora L. Morgan. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sidney A Fitzwater on 4/18/2016) (Judge Sidney A Fitzwater)
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Filing 222
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Cora L. Morgan (Filing fee $25; Receipt number 0539-7518156) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Additional Page(s) Certificate of Good Standing) (Mychalowych, Andrew)
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Filing 221
ORDER granting #220 Motion to Substitute Attorney. It is hereby ordered that Meghan W. Cassidy is withdrawn as counsel of record in this matter for David M. Clapper, Atlantic Midwest, LLC and Atlantic XIII, and that Cora L Morgan is substituted as counsel of record. (Ordered by Judge Sidney A Fitzwater on 4/15/2016) (ndt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:221. Fri Apr 15 10:19:07 CDT 2016 (crt)
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Filing 220
MOTION to Substitute Attorney, Cora L. Morgan for David M. Clapper, Atlantic Midwest, LLC and Atlantic XIII, LLC added attorney Andrew W Mychalowych. Motion filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC (Mychalowych, Andrew)
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Filing 219
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Cora L. Morgan (Filing fee $25; Receipt number 0539-7511198) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Additional Page(s) Certificate of Good Standing) (Mychalowych, Andrew)
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Filing 218
SCHEDULING ORDER: Amended Pleadings due by 5/1/2016. Discovery due by 4/30/2017. Joinder of Parties due by 5/1/2016. Summary Judgment Motions due by 5/31/2014. (Ordered by Judge Sidney A Fitzwater on 3/24/2016) (mem)
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Filing 217
Proposal for contents of scheduling and discovery order filed jointly by the Parties pursuant to the Court's Order at DE 212 by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew)
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Filing 216
ORDER granting in part and denying in part #207 Motion for Protective Order. (Ordered by Judge Sidney A Fitzwater on 3/15/2016) (Judge Sidney A Fitzwater)
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Filing 215
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips re: #207 MOTION for Protective Order and Confidentiality Agreement (Wells, Kayla)
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Filing 214
ORDER granting in part and denying without prejudice in part #204 MOTION Leave to Take in Excess of 10 Depositions filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 2/16/2016) (Judge Sidney A Fitzwater)
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Filing 213
ANSWER to Complaint filed by American Realty Trust, Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kendall, Joe)
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Filing 212
ANSWER to #65 Amended Complaint,, filed by American Realty Investors Inc, EQK Holdings Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Khoury, Stephen)
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Filing 211
ANSWER to Complaint filed by Gene E Phillips. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Wells, Kayla)
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Filing 210
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #207 MOTION for Protective Order and Confidentiality Agreement (Attachments: #1 Exhibit(s) Proposed Protective Order - Redline & Clean, #2 Exhibit(s) Final Rule: Selective Disclosure & Insider Trading, #3 Exhibit(s) Correspondence to Khoury 12.23.15) (Mychalowych, Andrew)
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Filing 209
MEMORANDUM OPINION AND ORDER granting in part, denying in part MOTIONS to #153 Dismiss for Failure to State a Claim filed by Income Opportunity Realty Investors Inc, Transcontinental Realty Investors Inc, #157 Dismiss for Failure to State a Claim filed by Ryan T Phillips, Mickey N Phillips, #152 Dismiss for Failure to State a Claim filed by Prime Income Asset Management LLC, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, #154 Dismiss for Failure to State a Claim filed by The May Trust, The Martin Trust, #156 Dismiss for Failure to State a Claim filed by Donald Phillips, #155 Dismiss for Failure to State a Claim filed by Gene E Phillips, #151 Dismiss for Failure to State a Claim filed by American Realty Trust, Inc, #158 Dismiss for Failure to State a Claim filed by EQK Holdings Inc, American Realty Investors Inc, Basic Capital Management, Inc, #150 Motion to Dismiss filed by Louis Corna, Gene S Bertcher, Daniel J Moos re: #153 Motion to Dismiss for Failure to State a Claim, #157 Motion to Dismiss for Failure to State a Claim, #152 Motion to Dismiss for Failure to State a Claim, #154 Motion to Dismiss for Failure to State a Claim, #156 Motion to Dismiss for Failure to State a Claim, #155 Motion to Dismiss for Failure to State a Claim, #151 Motion to Dismiss for Failure to State a Claim, #158 Motion to Dismiss for Failure to State a Claim, #150 MOTION to Dismiss Plaintiffs' Claims. (Ordered by Judge Sidney A Fitzwater on 1/25/2016) (Judge Sidney A Fitzwater)
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Filing 208
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Transcontinental Realty Investors Inc re #207 MOTION for Protective Order and Confidentiality Agreement (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Wells, Kayla)
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Filing 207
MOTION for Protective Order and Confidentiality Agreement filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Transcontinental Realty Investors Inc with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 206
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #204 MOTION Leave to Take in Excess of 10 Depositions (Attachments: #1 Exhibit(s) Order Denying Motion to Reconsider and Order Dismissing Case in ART Texas Bankruptcy, #2 Exhibit(s) 10/30/15 Order entered by Judge Stickney, #3 Exhibit(s) 11/9/15 Order entered by Judge Fitzwater) (Mychalowych, Andrew)
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Filing 205
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Transcontinental Realty Investors Inc re: #204 MOTION Leave to Take in Excess of 10 Depositions (Wells, Kayla)
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Filing 204
MOTION Leave to Take in Excess of 10 Depositions filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s) Order Granting Dismissal of Texas Bankruptcy, #2 Exhibit(s) Order Granting Motion for Leave to Take in Excess 10 Depositions) (Mychalowych, Andrew)
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Filing 203
ORDER granting in part and denying in part #187 MOTION to Extend Time of Scheduling Order Dates filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 11/9/2015) (Judge Sidney A Fitzwater)
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Filing 202
ORDER granting in part #191 Motion for Protective Order; granting in part #191 Motion to Quash; granting #191 Request for Expedited Ruling; and denying #191 Request for Sanctions. (Ordered by Magistrate Judge Paul D Stickney on 10/30/2015) (mhk)
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Filing 201
Joint STATUS REPORT filed by American Realty Investors Inc, American Realty Trust, Inc, Atlantic Midwest LLC, Atlantic XIII LLC, Basic Capital Management, Inc, Gene S Bertcher, David M Clapper, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc. (Wells, Kayla)
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Filing 200
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #199 Reply in support of Motion to Extend Dates (Mychalowych, Andrew)
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Filing 199
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #187 MOTION to Extend Time of Scheduling Order Dates (Mychalowych, Andrew)
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Filing 198
NOTICE of Correspondence to Judge Sidney A. Fitzwater dated 10/27/15 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 197
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #196 Response/Objection (Attachments: #1 Additional Page(s) App. Pages 1-50, #2 Additional Page(s) App. Pages 51-99a, #3 Additional Page(s) App. Pages 100-143, #4 Additional Page(s) App. Pages 144-197, #5 Additional Page(s) App. Pages 198-247) (Mychalowych, Andrew)
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Filing 196
RESPONSE AND OBJECTION filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #191 MOTION for Protective Order MOTION to Quash MOTION for Sanctions (Mychalowych, Andrew)
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Filing 195
ORDER temporarily granting #191 Motion for Protective Order. Plaintiff is ordered to file an expedited response to Defendants motion no later than Monday, October 26, 2015. (Ordered by Magistrate Judge Paul D Stickney on 10/20/2015) (chmb)
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Hearing/Deadline Modification: Deadlines/hearings set per #195 Order on Motion for Protective Order. Expedited Responses due by 10/26/2015 (ndt)
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Filing 194
Order Referring Motion for Determination pursuant to 28 U.S.C. 636(b)(1)(A). The Magistrate Judge may conduct a hearing if he/she determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the resolution of the motion. re: #191 MOTION for Protective Order, MOTION to Quash, MOTION for Sanctions. Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 10/16/2015) (ykp)
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Filing 193
Corrected Appendix in Support filed by American Realty Investors Inc, Basic Capital Management, Inc, Gene S Bertcher, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Transcontinental Realty Investors Inc re #191 MOTION for Protective Order MOTION to Quash MOTION for Sanctions (Wells, Kayla) Modified docket text per attorney on 10/16/2015 (aaa).
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Filing 192
*** Please disregard, filed in error. Please see document #193 for corrected image*** Appendix in Support filed by American Realty Investors Inc, Basic Capital Management, Inc, Gene S Bertcher, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Transcontinental Realty Investors Inc re #191 Joint MOTION for Protective Order MOTION to Quash MOTION for Sanctions (Wells, Kayla) Modified on 10/16/2015 (aaa).
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Filing 191
MOTION for Protective Order, MOTION to Quash, MOTION for Sanctions filed by American Realty Investors Inc, Basic Capital Management, Inc, Gene S Bertcher, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Transcontinental Realty Investors Inc with Brief/Memorandum in Support. (Wells, Kayla) Modified on 10/16/2015 to enhance text(dss).
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Filing 190
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Transcontinental Realty Investors Inc re #189 Response/Objection,, (Wells, Kayla)
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Filing 189
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Transcontinental Realty Investors Inc re: #187 MOTION to Extend Time of Scheduling Order Dates (Wells, Kayla)
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Filing 188
ORDER granting in part #123 Plaintiff's Motion to Compel Document Production and Reschedule Court Ordered Depositions. Within two weeks of the entry of this order, the plaintiffs shall amend the requests at issue to ensure compliance with Federal Rules of Civil Procedures 26(b) and 33(a)(1) and shall provide the defendant the amended requests. (Ordered by Magistrate Judge Paul D Stickney on 9/24/2015) (axm) Modified filed date on 9/25/2015 (axm).
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Filing 187
MOTION to Extend Time of Scheduling Order Dates filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1-Counsel emails, #2 Exhibit(s) 2-Counsel emails, #3 Exhibit(s) 3-Counsel emails, #4 Exhibit(s) 4-Counsel emails, #5 Exhibit(s) 5-Mr. Shamoun email of 9/24/15, #6 Exhibit(s) 6-Pillar's Response to Discovery Requests, #7 Exhibit(s) 7-EQK's Response to Discovery Requests, #8 Exhibit(s) 8-Proposed Amended Scheduling Order, #9 Exhibit(s) 9-Proposed Order Regarding Deposition Schedule) (Mychalowych, Andrew)
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Filing 186
Witness List by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew)
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Filing 185
REPLY filed by Mickey N Phillips, Ryan T Phillips re: #157 Motion to Dismiss for Failure to State a Claim (Wells, Kayla)
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Filing 184
REPLY filed by The Martin Trust, The May Trust re: #154 Motion to Dismiss for Failure to State a Claim (Wells, Kayla)
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Filing 183
REPLY filed by Gene E Phillips re: #155 Motion to Dismiss for Failure to State a Claim (Wells, Kayla)
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Filing 182
REPLY filed by Donald Phillips re: #156 Motion to Dismiss for Failure to State a Claim (Wells, Kayla)
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Filing 181
REPLY filed by Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC re: #152 Motion to Dismiss for Failure to State a Claim (Khoury, Stephen)
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Filing 180
REPLY filed by American Realty Investors Inc, Basic Capital Management, Inc, EQK Holdings Inc re: #158 Motion to Dismiss for Failure to State a Claim (Khoury, Stephen)
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Filing 179
REPLY filed by Income Opportunity Realty Investors Inc, Transcontinental Realty Investors Inc re: #153 Motion to Dismiss for Failure to State a Claim (Khoury, Stephen)
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Filing 178
REPLY filed by American Realty Trust, Inc re: #151 Motion to Dismiss for Failure to State a Claim (Kendall, Joe)
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Filing 177
REPLY filed by Gene S Bertcher, Louis Corna, Daniel J Moos re: #150 MOTION to Dismiss Plaintiffs' Claims (Swaim, Don)
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Filing 176
ORDER granting #175 MOTION for Extension of Time to File Response/Reply to 171 Response/Objection, 174 Response/Objection, 169 Response/Objection, 172 Response/Objection, 168 Response/Objection, 173 Response/Objection, 166 Response/Objection, 170 Response/Objection, 167 Response/Objection filed by American Realty Investors Inc, American Realty Trust, Inc, Atlantic Midwest LLC, Atlantic XIII LLC, Basic Capital Management, Inc, Gene S Bertcher, David M Clapper, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc. Replies due by 9/11/2015. (Ordered by Judge Sidney A Fitzwater on 9/3/2015) (Judge Sidney A Fitzwater)
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Filing 175
MOTION for Extension of Time to File Response/Reply to #171 Response/Objection, #174 Response/Objection, #169 Response/Objection, #172 Response/Objection, #168 Response/Objection, #173 Response/Objection, #166 Response/Objection, #170 Response/Objection, #167 Response/Objection filed by American Realty Investors Inc, American Realty Trust, Inc, Atlantic Midwest LLC, Atlantic XIII LLC, Basic Capital Management, Inc, Gene S Bertcher, David M Clapper, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc (Wells, Kayla)
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Filing 174
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #155 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 173
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #152 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 172
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #154 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 171
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #158 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 170
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #156 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 169
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #153 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 168
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #150 MOTION to Dismiss Plaintiffs' Claims (Mychalowych, Andrew)
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Filing 167
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #151 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 166
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #157 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 165
ORDER granting #164 Motion to Extend Time to File Response/Reply. Responses due by 8/21/2015. (Ordered by Judge Sidney A Fitzwater on 8/7/2015) (ndt)
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Filing 164
MOTION for Extension of Time to File Response/Reply to #153 Motion to Dismiss for Failure to State a Claim, #157 Motion to Dismiss for Failure to State a Claim, #152 Motion to Dismiss for Failure to State a Claim, #154 Motion to Dismiss for Failure to State a Claim, #156 Motion to Dismiss for Failure to State a Claim, #155 Motion to Dismiss for Failure to State a Claim, #151 Motion to Dismiss for Failure to State a Claim, #158 Motion to Dismiss for Failure to State a Claim, #150 MOTION to Dismiss Plaintiffs' Claims filed by American Realty Investors Inc, American Realty Trust, Inc, Atlantic Midwest LLC, Atlantic XIII LLC, Basic Capital Management, Inc, Gene S Bertcher, David M Clapper, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc (Mychalowych, Andrew)
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Filing 163
ORDER denying #159 Joint MOTION for protective order to stay discovery. (Ordered by Judge Sidney A Fitzwater on 8/3/2015) (Judge Sidney A Fitzwater)
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Filing 162
Appendix in Support filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc re #161 Reply,, (Wells, Kayla)
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Filing 161
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc re: #159 Joint MOTION to Stay re #152 Motion to Dismiss for Failure to State a Claim, #155 Motion to Dismiss for Failure to State a Claim, #151 Motion to Dismiss for Failure to State a Claim, #158 Motion to Dismiss for Failure to State a Claim, #150 (Wells, Kayla)
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Filing 160
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #159 Joint MOTION to Stay re #152 Motion to Dismiss for Failure to State a Claim, #155 Motion to Dismiss for Failure to State a Claim, #151 Motion to Dismiss for Failure to State a Claim, #158 Motion to Dismiss for Failure to State a Claim, #150 (Attachments: #1 Exhibit(s) 1 - DE 123 without exhibits) (Mychalowych, Andrew)
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Filing 159
Joint MOTION to Stay re #152 Motion to Dismiss for Failure to State a Claim, #155 Motion to Dismiss for Failure to State a Claim, #151 Motion to Dismiss for Failure to State a Claim, #158 Motion to Dismiss for Failure to State a Claim, #150 MOTION to Dismiss Plaintiffs' Claims, #153 Motion to Dismiss for Failure to State a Claim, #157 Motion to Dismiss for Failure to State a Claim, #154 Motion to Dismiss for Failure to State a Claim, #156 Motion to Dismiss for Failure to State a Claim filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Khoury, Stephen)
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Filing 158
Motion to Dismiss for Failure to State a Claim filed by American Realty Investors Inc, Basic Capital Management, Inc, EQK Holdings Inc with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 157
Motion to Dismiss for Failure to State a Claim filed by Mickey N Phillips, Ryan T Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 156
Motion to Dismiss for Failure to State a Claim filed by Donald Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 155
Motion to Dismiss for Failure to State a Claim filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 154
Motion to Dismiss for Failure to State a Claim filed by The Martin Trust, The May Trust with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 153
Motion to Dismiss for Failure to State a Claim filed by Income Opportunity Realty Investors Inc, Transcontinental Realty Investors Inc with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 152
Motion to Dismiss for Failure to State a Claim filed by Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 151
Motion to Dismiss for Failure to State a Claim filed by American Realty Trust, Inc with Brief/Memorandum in Support. (Kendall, Joe)
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Filing 150
MOTION to Dismiss Plaintiffs' Claims filed by Gene S Bertcher, Louis Corna, Daniel J Moos with Brief/Memorandum in Support. (Swaim, Don)
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Filing 149
ORDER granting #148 Agreed Motion for Extension of Time to File Defendants' Response to Plaintiffs' Second Amended Complaint. Defendants shall file their responses to Plaintiffs' Second Amended Complaint on or before 7/23/2015. (Ordered by Judge Sidney A Fitzwater on 7/16/2015) (axm)
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Filing 148
MOTION for Extension of Time to File Response/Reply to #147 Amended Complaint filed by American Realty Investors Inc, American Realty Trust, Inc, Atlantic Midwest LLC, Atlantic XIII LLC, Basic Capital Management, Inc, Gene S Bertcher, David M Clapper, Louis Corna, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc (Attachments: #1 Proposed Order) (Wells, Kayla)
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Filing 147
AMENDED COMPLAINT Second against ABC Company, American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Louis Corna, Jane Doe, John Doe, EQK Holdings Inc, Income Opportunity Realty Investors Inc, Daniel J Moos, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc, XYZ Company filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Mychalowych, Andrew)
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Filing 146
ORDER granting in part and denying in part #134 Joint MOTION to Extend Time Defendants' Joint Motion to Extend all Pre-Trial Deadlines and Amend Scheduling Order filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc. (Ordered by Judge Sidney A Fitzwater on 6/5/2015) (Judge Sidney A Fitzwater)
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Filing 145
MEMORANDUM OPINION AND ORDER granting in part and denying in part #72 MOTION to Dismiss for Failure to State a Claim, filed by Sharon Hunt, Henry A Butler, Donald Phillips, Louis Corna, Ryan T Phillips, Ted R Munselle, Gene S Bertcher, Gene E Phillips, Robert A Jakuszeweki, Mickey N Phillips, Daniel J Moos; #73 MOTION to Dismiss for Failure to State a Claim filed by American Realty Trust, Inc, EQK Holdings Inc, American Realty Investors Inc, Basic Capital Management, Inc; #74 MOTION to Dismiss for Failure to State a Claim, filed by Realty Advisors, Inc., Income Opportunity Realty Investors Inc, Transcontinental Realty Investors Inc, Realty Advisors Management, Inc., The May Trust, Prime Income Asset Management Inc, The Martin Trust, Prime Income Asset Management LLC, Realty Advisors, LLC, Pillar Income Asset Management Inc, Syntek West Inc; #75 MOTION to Dismiss for Failure to State a Claim filed by Transcontinental Realty Acquisition Corporation; #107 MOTION for Protective Order, Motion to Stay filed by Realty Advisors, Inc., Realty Advisors, LLC; #108 MOTION for Protective Order, Motion to Stay, filed by Donald Phillips, Realty Advisors Management, Inc., Ryan T Phillips, The May Trust, Syntek West Inc, The Martin Trust, Mickey N Phillips; #111 MOTION for Protective Order, MOTION to Stay filed by Sharon Hunt, Henry A Butler, Ted R Munselle, Robert A Jakuszeweki; and #119 MOTION to Stay filed by Prime Income Asset Management LLC (Ordered by Judge Sidney A Fitzwater on 6/3/2015) (Judge Sidney A Fitzwater)
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Filing 144
NOTICE of Correspondence to Judge Sidney A. Fitzwater filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 143
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #134 Joint MOTION to Extend Time Defendants' Joint Motion to Extend all Pre-Trial Deadlines and Amend Scheduling Order (Attachments: #1 Exhibit(s) 1- Judge Hale's Order Granting Motion to Dismiss, #2 Exhibit(s) 2- Judge Hale's Order Denying Motion to Reconsider, #3 Exhibit(s) 3- Docket Report from Case no. 13-30891-hdh11) (Mychalowych, Andrew)
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Filing 142
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #123 Emergency MOTION to Compel and Motion to Adjourn Depositions Ordered by Court on April 22, 2015 (Attachments: #1 Exhibit(s) 1- Gene Phillips' 1st Amended Responses to Pts' 1st Roggs & RFP, #2 Exhibit(s) 2-Gene Bertcher's Deposition Transcript Pages, #3 Exhibit(s) 3-Gene Phillips related, #4 Exhibit(s) 4- Judge Hale's Opinion signed on March 3, 2014, #5 Exhibit(s) 5- Judge Hale's Opinion signed on April 29, 2015) (Mychalowych, Andrew)
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Filing 141
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #123 Emergency MOTION to Compel and Motion to Adjourn Depositions Ordered by Court on April 22, 2015 (Attachments: #1 Exhibit(s) 1- COS pages to Moos & Bertcher) (Mychalowych, Andrew)
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Filing 140
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #123 Emergency MOTION to Compel and Motion to Adjourn Depositions Ordered by Court on April 22, 2015 (Attachments: #1 Exhibit(s) 1- Instructions for Requests, #2 Exhibit(s) 2- Gene Bertcher Deposition Transcript Page, #3 Exhibit(s) 3- Informal Transcript 341 Hearing held on March 1, 2012, #4 Exhibit(s) 4- Judge Hale's Opinion dated March 3, 2014, #5 Exhibit(s) 5- Judge Hale's Opinion signed on April 29, 2014) (Mychalowych, Andrew)
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Filing 139
ORDER granting #138 Motion To file Replies to Each Response. Plaintiffs may file a separate reply for each response filed for their Motion to Compel. (see order) (Ordered by Magistrate Judge Paul D Stickney on 5/14/2015) (mcrd)
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Filing 138
MOTION To file Replies to Each Response or Alternatively to Exceed Reply Page Limitation filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 137
Brief/Memorandum in Support filed by Gene E Phillips re #123 Emergency MOTION to Compel and Motion to Adjourn Depositions Ordered by Court on April 22, 2015 (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F) (Wells, Kayla)
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Filing 136
RESPONSE filed by Gene S Bertcher, Daniel J Moos re: #123 Emergency MOTION to Compel and Motion to Adjourn Depositions Ordered by Court on April 22, 2015 (Attachments: #1 Exhibit(s) A - Subpoena to Brett Moreaux, #2 Exhibit(s) B) (Swaim, Don)
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Filing 135
REPLY filed by American Realty Investors Inc, Basic Capital Management, Inc, EQK Holdings Inc re: #123 Emergency MOTION to Compel and Motion to Adjourn Depositions Ordered by Court on April 22, 2015 (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F) (Khoury, Stephen)
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Filing 134
Joint MOTION to Extend Time Defendants' Joint Motion to Extend all Pre-Trial Deadlines and Amend Scheduling Order filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc (Khoury, Stephen)
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Filing 133
REPLY filed by ABC Company, American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, Jane Doe, John Doe, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc re: #108 MOTION for Protective Order MOTION to Stay Discovery, #111 Emergency MOTION for Protective Order MOTION to Stay Discovery, #115 MOTION for Protective Order MOTION to Stay Discovery, #117 MOTION for Protective Order MOTION to Stay Discovery and Brief in Support, #107 Emergency MOTION for Protective Order MOTION to Stay Discovery, #119 Emergency MOTION to Stay Discovery (Khoury, Stephen)
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Filing 132
ORDER. On April 16, 2015, Plaintiffs tiled an emergency motion to compel document production and to reschedule certain court ordered depositions set for April 22-23, May 6, and May 15, 2015. As part of the relief granted by the court on April 17, the scheduled depositions were adjourned. Accordingly, Plaintiffs' motion (Doc. #123 ) is DENIED in part as moot to the extent it seeks to reschedule the depositions that have been adjourned. Plaintiffs' request to compel document production will be decided under the normal briefing rules (including deadlines) prescribed by the local civil rules. (Ordered by Magistrate Judge Paul D Stickney on 4/24/2015) (mcrd)
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Filing 131
ORDER OF REFERENCE: Pursuant to 28 U.S.C. 636(b)(1)(A), plaintiffs' 4/16/2015 emergency motion to compel document production and to reschedule court ordered depositions (doc. #123 ) is REFERRED to United States Magistrate Judge Paul D. Stickney for determination. (Ordered by Judge Sidney A Fitzwater on 4/22/2015) (ctf)
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Filing 130
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #119 Emergency MOTION to Stay Discovery (Attachments: #1 Exhibit(s) 1-Judge Hale Order Granting Motion to Dismiss, #2 Exhibit(s) 2-Judge Hale Order Denying Motion to Reconsider, #3 Exhibit(s) 3-DE 73 Entity Ds' Mtn to Dismiss Pts' Claims, #4 Exhibit(s) 4-Pgs to Gene Bertcher Deposition Transcript) (Mychalowych, Andrew)
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Filing 129
NOTICE of Filing Exhibits 2 & 3 re: #128 Response/Objection, filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s) 2-1-28-11 Transcontinental Realty Investors Incs Schedule 13D, #2 Exhibit(s) 3-4/28/14 Transcontinental Realty Investors Inc's Schedule 13D) (Mychalowych, Andrew)
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Filing 128
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #111 Emergency MOTION for Protective Order MOTION to Stay Discovery (Attachments: #1 Exhibit(s) 1- DE 72 Ds' Mtn to Dismiss Pts' Claims & Memo) (Mychalowych, Andrew)
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Filing 127
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #108 MOTION for Protective Order MOTION to Stay Discovery (Attachments: #1 Exhibit(s) 1-12/31/10 Annual Report of Income Opportunity Realty Investors Inc., #2 Exhibit(s) 2-Pgs to Gene Bertcher Deposition Transcript, #3 Exhibit(s) 3-12/31/08 Annual Report of Income Opportunity Realty Investors Inc., #4 Exhibit(s) 4-7/17/14 Schedule 13D for American Realty Investors Inc.) (Mychalowych, Andrew)
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Filing 126
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #107 Emergency MOTION for Protective Order MOTION to Stay Discovery (Attachments: #1 Exhibit(s) 1-Judge Hale Order Granting Motion to Dismiss, #2 Exhibit(s) 2- Judge Hale Order Denying Motion to Reconsider, #3 Exhibit(s) 3-Pgs to Gene Bertcher Dep Transcript, #4 Exhibit(s) 4-12/31/14 Annual Report of Income Opportunity Realty Investors Inc, #5 Exhibit(s) 5-12/30/10 Annual Report of Income Opportunity Realty Investors Inc) (Mychalowych, Andrew)
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Filing 125
CERTIFICATE of Conference re #123 Emergency MOTION to Compel and Motion to Adjourn Depositions Ordered by Court on April 22, 2015 by Andrew W Mychalowych on behalf of Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 124
ORDER: The court GRANTS in part Defendants' motions (Doc. #115 & #117 ). Defendants' depositions scheduled for April 22-23, May 6, and May 15 are hereby adjourned and may be rescheduled, if appropriate, after the court issues an order addressing the other issues raised by Defendants' motions for a protective order and to stay discovery. Consistent with the District Court's orders on similar motions for protective orders and to stay discovery filed by other defendants, see Orders dated 4/3/15, 4/9/15 & 4/14/15 (Docs. 112, 114 & 120), discovery in this case, in whatever form, is temporarily stayed as to Defendants Phillips, Bertcher, Moos, and Corona. (Ordered by Magistrate Judge Paul D Stickney on 4/17/2015) (bdb)
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Filing 123
Emergency MOTION to Compel and Motion to Adjourn Depositions Ordered by Court on April 22, 2015 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Attachments: #1 Appendix Table of Contents, #2 Appendix, page 1-53, #3 Appendix, pages 54-171, #4 Appendix, pages 172-261, #5 Appendix, pages 262-381, #6 Appendix pages 382-508, #7 Appendix, pages 509-591, #8 Appendix, pages 592-684) (Mychalowych, Andrew)
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Filing 122
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #115 MOTION for Protective Order MOTION to Stay Discovery, #117 MOTION for Protective Order MOTION to Stay Discovery and Brief in Support (Attachments: #1 Exhibit(s) 1- Individual Ds' Motion to Dismiss Pts' Claims & Memo, #2 Exhibit(s) 2- DE 65 1st Amended Complaint, #3 Exhibit(s) 3- Judge Hale Order granting Motion to Dismiss, #4 Exhibit(s) 4-Judge Hale Order denying Motion to Reconsider, #5 Exhibit(s) 5-Pgs to Gene Bertcher Deposition Transcript, #6 Exhibit(s) 6-DE 79 Pt's Memo of Law in Opp to Individual Ds' Motion to Dismiss, #7 Exhibit(s) 7-Excerpts of SEC forms filed showing ownership of TCI stock) (Mychalowych, Andrew)
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Filing 120
ORDER: Pending a ruling on the following motion -- #119 Emergency MOTION to Stay Discovery filed by Transcontinental Realty Investors, Inc., et al. -- discovery in this case, in whatever form, is temporarily stayed as to these defendants. This motion will be decided under the normal briefing rules (including deadlines) prescribed by the local civil rules. Unless the court otherwise directs, the motion will be decided without oral argument. This temporary stay does not apply to discovery outside the scope of what is addressed in this motion. (Ordered by Judge Sidney A Fitzwater on 4/14/2015) (Judge Sidney A Fitzwater)
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Filing 121
ORDER: Defendant Gene E. Phillips and Defendants Gene S. Bertcher, Daniel J. Moos, and Louis Corona have filed separate motions for a protective order and to stay discovery in this case, including several depositions that are currently scheduled for April 22-23, May 6, and May 15. The court determines that these motions (Doc. #115 & #117 ) should be determined on an expedited basis. Accordingly, Plaintiffs shall file a combined response to both motions by 4/16/2015 at 5:00 pm. Defendants may file a joint reply to Plaintiffs' response on or before 4/20/2015 at 12:00 noon. (Ordered by Magistrate Judge Paul D Stickney on 4/13/2015) (bdb)
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Filing 119
Emergency MOTION to Stay Discovery filed by Prime Income Asset Management LLC with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 118
ORDER OF REFERENCE: Pursuant to 28 U.S.C. 636(b)(1)(A), individual defendants Daniel J. Moos, Gene S. Bertcher, and Louis Corna's emergency motion for protective order to stay discovery #117 is REFERRED to United States Magistrate Judge Paul D. Stickney for determination. He may conduct a hearing if he determines that a hearing is necessary. This order of reference also prospectively refers all procedural motions (e.g., to modify briefing limitations, to supplement a motion, or for an expedited hearing) hereafter filed by a party who supports or opposes the referred motion, and that relate to the United States Magistrate Judge's resolution of the motion. (Ordered by Judge Sidney A Fitzwater on 4/10/2015) (bdb)
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Filing 117
MOTION for Protective Order (), MOTION to Stay Discovery and Brief in Support filed by Gene S Bertcher, Louis Corna, Daniel J Moos with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Swaim, Don)
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Filing 116
ORDER OF REFERENCE re: #115 Motion for Protective Order, Motion to Stay Discovery. Motion(s) referred to Magistrate Judge Paul D Stickney. He may conduct a hearing if he determines that a hearing is necessary. (Ordered by Judge Sidney A Fitzwater on 4/9/2015) (aaa)
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Filing 115
MOTION for Protective Order and MOTION to Stay Discovery filed by Gene E Phillips with Brief/Memorandum in Support. (Wells, Kayla) Modified text on 4/10/2015 (dsr).
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Filing 114
ORDER granting in part #113 MOTION for Clarification of Order and/or Emergency MOTION for Reconsideration of Court Order #112 filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 4/9/2015) (Judge Sidney A Fitzwater)
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Filing 113
MOTION Clarification of Order and/or, Emergency MOTION for Reconsideration of Court Order at DE 112 () filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s) 1- Order at DE 103, #2 Exhibit(s) 2-Reply Brief filed in 99-2355, #3 Exhibit(s) 3-SEC Report re: transfer of ART's assets in 2014, #4 Exhibit(s) 4-emails exchanged among counsel, #5 Exhibit(s) 5-Order at DE 112) (Mychalowych, Andrew)
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Filing 112
ORDER: Pending rulings on the following motions, discovery in this case is stayed: #107 the April 2, 2015 motion of defendants Income Opportunity Realty Investors, Inc., Realty Advisors, Inc., and Realty Advisors, LLC for protective order to stay discovery; #108 the April 2, 2015 motion of defendants Donald Phillips, Mickey Phillips, Ryan Phillips, the May Trust, the Martin Trust, Syntek West, Inc., and Realty Advisors Management, Inc. for protective order to stay discovery; and #111 the April 2, 2015 motion of Individual Defendants Sharon Hunt, Ted Munselle, Henry Butler, and Robert A. Jakuszeweki for protective order to stay discovery and request for hearing. These motions will be decided under the normal briefing rules (including deadlines) prescribed by the local civil rules. Unless the court otherwise directs, the motions will be decided without oral argument. (Ordered by Judge Sidney A Fitzwater on 4/3/2015) (Judge Sidney A Fitzwater)
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Filing 111
Emergency MOTION for Protective Order (), MOTION to Stay Discovery filed by Henry A Butler, Sharon Hunt, Robert A Jakuszeweki, Ted R Munselle with Brief/Memorandum in Support. (Swaim, Don)
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Filing 110
RESPONSE filed by Gene S Bertcher, Daniel J Moos re: #103 Order on Motion to Quash. (Swaim, Don)
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Filing 109
RESPONSE filed by American Realty Trust, Inc re: #103 Order on Motion to Quash. (Attachments: #1 Affidavit(s), #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C) (Kendall, Joe)
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Filing 108
MOTION for Protective Order (), MOTION to Stay Discovery filed by Donald Phillips, Mickey N Phillips, Ryan T Phillips, Realty Advisors Management, Inc., Syntek West Inc, The Martin Trust, The May Trust with Brief/Memorandum in Support. (Wells, Kayla)
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Filing 107
Emergency MOTION for Protective Order (), MOTION to Stay Discovery filed by Realty Advisors, Inc., Realty Advisors, LLC with Brief/Memorandum in Support. (Khoury, Stephen)
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Filing 106
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #103 Order on Motion to Quash. (Mychalowych, Andrew)
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Filing 105
RESPONSE filed by Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Realty Advisors Management, Inc., Syntek West Inc, The Martin Trust, The May Trust re: #103 Order on Motion to Quash,,, (Wells, Kayla)
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Filing 104
RESPONSE filed by American Realty Investors Inc re: #103 Order on Motion to Quash (Attachments: #1 Exhibit(s) A) (Khoury, Stephen)
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Filing 103
ORDER denying as moot #90 Motion MOTION to Quash Deposition Notices. The Court ORDERS the depositions to proceed as follows: 1. The deposition of Gene Bertcher, individually and as corporate representative on behalf of American Realty Investors, Inc., EQK Holdings, Inc., and Basic Capital Management, Inc. will take place on April 22 and 23, 2015. 2. The deposition of Daniel J. Moos will take place on May 6, 2015. 3. The deposition of Gene E. Phillips will take place on May 15, 2015. Each of these depositions will begin at 9:00 A.M. in a conference room on the 16th floor of the United States Courthouse, 1100 Commerce Street, Dallas, Texas. A written response to this Order shall be filed by April 3, 2015. (see order) (Ordered by Magistrate Judge Paul D Stickney on 3/24/2015) (mcrd)
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Filing 102
Joint STATUS REPORT On Defendants' Motion to Quash (DE 90) filed by American Realty Investors Inc, American Realty Trust, Inc, Atlantic Midwest LLC, Atlantic XIII LLC, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, David M Clapper, Louis Corna, Jane Doe, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc. (Attachments: #1 Exhibit(s) Plaintiffs' Submission of Judge Hale Order For Consideration by the Court) (Mychalowych, Andrew)
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Filing 101
ORDER granting #92 MOTION to Substitute Attorney; granting #95 MOTION to Substitute Attorney. (Ordered by Judge Sidney A Fitzwater on 3/16/2015) (jrr)
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Filing 100
ORDER granting #97 MOTION to Withdraw and Substitute Attorney. (Ordered by Judge Sidney A Fitzwater on 3/16/2015) (jrr)
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Filing 99
ORDER granting #94 MOTION to Withdraw and Subsitute Attorney Joe Kendall and Jamie McKey; granting #96 MOTION to Substitute Attorney C Gregory Shamoun and Kayla Wells. (Ordered by Judge Sidney A Fitzwater on 3/16/2015) (jrr)
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Filing 98
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #97 MOTION to Substitute Attorney. (Attachments: #1 Exhibit(s) 1-email corres. to Defendants' counsel requesting dates for depositions, #2 Exhibit(s) 2-Emails exchanged among counsel re: substitution of counsel for Defendants, #3 Exhibit(s) 3-Magistrate Stickney's Order at DE 93, #4 Exhibit(s) 4- Orders entered in ART's bankrutpcy) (Mychalowych, Andrew) Modified on 3/16/2015 (anf).
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Filing 97
MOTION to Withdraw and Substitute Attorney. Stephen A. Khoury Added for Realty Advisors, Inc., EQK Holdings Inc, Basic Capital Management, Inc, Prime Income Asset Management LLC Pillar Income Asset Management Inc, Realty Advisors, LLC, American Realty Investors Inc, Income Opportunity Realty Investors Inc, Transcontinental Realty Investors Inc, Prime Income Asset Management Inc. (Attachments: #1 Proposed Order) (Kendall, Joe) Modified on 3/16/2015 (anf).
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Filing 96
MOTION to Substitute Attorney. C. Gregory Shamoun and Kayla Wells Added attorney Joe Kendall, C Gregory Shamoun,Kayla Cherie Wells for Realty Advisors Management, Inc. Motion, MOTION to Withdraw as Attorney Joe Kendall and Jamie McKey filed by Mickey N Phillips, Donald Phillips, Gene E Phillips, The Martin Trust, Realty Advisors Management, Inc., The May Trust, Ryan T Phillips, Syntek West Inc (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 95
MOTION to Substitute Attorney. Don Swaim Added attorney Joe Kendall. MOTION to Withdraw as Attorney Joe Kendall and Jamie McKey () filed by Ted R Munselle, Henry A Butler, Robert A Jakuszeweki, Daniel J Moos, Gene S Bertcher, Sharon Hunt, Louis Corna (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 94
MOTION to Withdraw and Subsitute Attorney Joe Kendall and Jamie McKey. Kayla Cherie Wells, C Gregory Shamoun added for Defendants Mickey N Phillips, Donald Phillips, Gene E Phillips, The Martin Trust, The May Trust, Ryan T Phillips, and Syntek West Inc. (Attachments: #1 Proposed Order) (Kendall, Joe) Modified text on 3/10/2015 (anf).
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Filing 93
ORDER: Defendants Gene Bertcher, Gene E. Phillips, Daniel J. Moos, American Reality Investors, Inc., EQK Holdings, Inc., and Basic Capital Management, Inc. have filed a motion to quash deposition notices served by Plaintiffs on each of them. Counsel shall meet face-to-face or confer by telephone in an attempt to resolve all matters in dispute. This conference shall be held by March 13, 2015. The parties shall submit a joint status report by March 20, 2015. (see order) (Ordered by Magistrate Judge Paul D Stickney on 3/6/2015) (mcrd)
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Filing 92
MOTION to Substitute Attorney. Added attorney Joe Kendall,Don Swaim for Ted R Munselle,Don Swaim for Henry A Butler,Don Swaim for Robert A Jakuszeweki,Don Swaim for Daniel J Moos,Don Swaim for Gene S Bertcher,Don Swaim for Sharon Hunt,Don Swaim for Louis Corna. Motion, MOTION to Withdraw as Attorney Joe Kendall and Jamie McKey () filed by Ted R Munselle, Henry A Butler, Robert A Jakuszeweki, Daniel J Moos, Gene S Bertcher, Sharon Hunt, Louis Corna (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 91
Order of Reference. re: #90 MOTION to Quash Deposition Notices Motion(s) referred to Magistrate Judge Paul D Stickney. (Ordered by Judge Sidney A Fitzwater on 3/2/2015) (ndt)
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Filing 90
MOTION to Quash Deposition Notices filed by American Realty Investors Inc, Basic Capital Management, Inc, Gene S Bertcher, EQK Holdings Inc, Daniel J Moos, Gene E Phillips with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A) (Kendall, Joe)
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Filing 89
REPLY filed by Transcontinental Realty Acquisition Corporation re: #75 Motion to Dismiss for Failure to State a Claim (Kendall, Joe)
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Filing 88
REPLY filed by Income Opportunity Realty Investors Inc, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc re: #74 Motion to Dismiss for Failure to State a Claim (Kendall, Joe)
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Filing 87
REPLY filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, EQK Holdings Inc re: #73 Motion to Dismiss for Failure to State a Claim (Kendall, Joe)
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Filing 86
REPLY filed by Gene S Bertcher, Henry A Butler, Louis Corna, Sharon Hunt, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips re: #72 Motion to Dismiss for Failure to State a Claim (Kendall, Joe)
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Filing 85
CERTIFICATE OF SERVICE by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #83 Appendix in Support (Mychalowych, Andrew)
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Filing 84
Notice of Correction of Signature Omission, correcting signature omission in #83 Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew)
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Filing 83
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #81 Response/Objection, #79 Response/Objection, #82 Response/Objection, #80 Response/Objection (Omnibus Appendix) (Mychalowych, Andrew)
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Filing 82
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #75 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 81
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #74 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 80
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #73 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 79
RESPONSE filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #72 Motion to Dismiss for Failure to State a Claim (Mychalowych, Andrew)
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Filing 78
AGREED ORDER TO EXTEND PLAINTIFFS' RESPONSE DATE AND DEFENDANTS' REPLY DATE REGARDING DEFENDANTS' MOTIONS TO DISMISS AT D.E. re 72, 73, 74 & 75: IT IS HEREBY ORDERED that the Plaintiffs shall file their Responses to Defendants' Motions to Dismiss at Docket Entries 72, 73, 74 and 75 on or before 2/13/2015. IT IS HEREBY FURTHER ORDERED that Defendants shall file their Replies to the Motions at DE 72, 73, 74 and 75 on or before 2/27/2015. (Ordered by Judge Sidney A Fitzwater on 2/5/2015) (tlm)
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Filing 77
MEMORANDUM OPINION AND ORDER denying #35 Emergency MOTION for Temporary Restraining Order filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC; denying #60 Motion for Injunction filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC. (Ordered by Judge Sidney A Fitzwater on 1/21/2015) (Judge Sidney A Fitzwater)
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Filing 76
ORDER granting #71 Amended MOTION to Withdraw filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper and terminating #70 MOTION to Withdraw filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 1/20/2015) (Judge Sidney A Fitzwater)
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Filing 75
Motion to Dismiss for Failure to State a Claim filed by Transcontinental Realty Acquisition Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 74
Motion to Dismiss for Failure to State a Claim filed by Income Opportunity Realty Investors Inc, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Investors Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 73
Motion to Dismiss for Failure to State a Claim filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, EQK Holdings Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 72
Motion to Dismiss for Failure to State a Claim filed by Gene S Bertcher, Henry A Butler, Louis Corna, Sharon Hunt, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe)
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Filing 71
Amended MOTION to Withdraw filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Schenck, David)
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Filing 70
MOTION to Withdraw and Substitution of Lead Counsel filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Proposed Order) (Schenck, David)
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Filing 69
NOTICE of Attorney Appearance by Jeffrey R Fine on behalf of Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Filer confirms contact info in ECF is current.) (Fine, Jeffrey)
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Filing 68
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #67 Reply And Certificate of Service for Same (Mychalowych, Andrew)
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Filing 67
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #60 MOTION for Injunction (Mychalowych, Andrew)
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Filing 66
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc re: #60 MOTION for Injunction (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Proposed Order) (Kendall, Joe)
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Filing 65
AMENDED COMPLAINT against All Defendants filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Mychalowych, Andrew)
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Filing 64
ORDER REGARDING BRIEFING ON DAVID M. CLAPPER, ATLANTIC MIDWEST, LLC, ATLANTIC XIII, LLC'S #60 MOTION FOR PRELIMINARY INJUNCTION PURSUANT TO FED. R. CIV. P. 65: Accordingly, defendants' response must be filed no later than Monday, 12/22/2014. Plaintiffs' reply must be filed no later than Friday, 1/9/2015. (Ordered by Judge Sidney A Fitzwater on 12/3/2014) (ctf)
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Filing 63
Agreed STIPULATION Regarding Briefing on David M. Clapper, Atlantic Midwest, LLC, Atlantic XIII, LLC's Motion For Preliminary Injunction by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, Jane Doe, John Doe, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc, XYZ Company. (Kendall, Joe)
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Filing 62
CERTIFICATE OF SERVICE by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #61 Appendix in Support,,, of Motion for Preliminary Injunction (Mychalowych, Andrew)
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Filing 61
Appendix in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #60 MOTION for Injunction (Attachments: #1 Additional Page(s) App. Pg. 1-80, #2 Additional Page(s) App. Pg. 81-158, #3 Additional Page(s) App. Pg. 159-231, #4 Additional Page(s) App. Pg. 232-318, #5 Additional Page(s) App. Pg. 319-356, #6 Additional Page(s) App. Pg. 357-429, #7 Additional Page(s) App. Pg. 430-488, #8 Additional Page(s) App. Pg. 489-568, #9 Additional Page(s) App. Pg. 569-620, #10 Additional Page(s) App. Pg. 621-669, #11 Additional Page(s) App. Pg. 670-722, #12 Additional Page(s) App. Pg. 723-766, #13 Additional Page(s) App. Pg. 767-794, #14 Additional Page(s) App. Pg. 795-848, #15 Additional Page(s) App. Pg. 849-938, #16 Additional Page(s) App. Pg. 939-963, #17 Additional Page(s) App. Pg. 964-965) (Mychalowych, Andrew)
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Filing 60
MOTION for Injunction filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 59
SCHEDULING ORDER: Amended Pleadings due by 1/19/2015. Discovery due by 6/1/2015. Joinder of Parties due by 1/19/2015. Dispositive Motions due by 7/1/2015. Status Report due by 6/1/2015. The court will set the case for trial by separate order. (Ordered by Judge Sidney A Fitzwater on 11/25/2014) (chmb)
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Hearing/Deadline Modification: Deadlines/hearings set per #58 Order. Amended Complaint due by 12/15/2014. Answer due from All Defendants by 1/15/2015. (skt)
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Filing 58
AGREED ORDER TO ALLOW PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT AND SETTING DEFENDANTS RESPONSE DATE TO SAME ORDER; terminating #41 Motion to Dismiss; terminating #42 Motion to Dismiss; terminating #43 Motion to Dismiss; terminating #44 Motion to Dismiss. (Ordered by Judge Sidney A Fitzwater on 11/24/2014) (Judge Sidney A Fitzwater)
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Filing 57
Proposal for contents of scheduling and discovery order by American Realty Investors Inc, American Realty Trust, Inc, Atlantic Midwest LLC, Atlantic XIII LLC, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, David M Clapper, Louis Corna, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc. (Kendall, Joe)
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Filing 56
***PLEASE DISREGARD, DUPLICATE ENTRY OF #54 *** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Meghan W. Cassidy (Filing fee $25; Receipt number DS078157) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (aaa) Modified on 11/19/2014 (aaa).
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Filing 55
ELECTRONIC ORDER granting #54 Application for Admission Pro Hac Vice of Meghan W. Cassidy. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sidney A Fitzwater on 11/18/2014) (Judge Sidney A Fitzwater)
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Filing 54
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-6431968) filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Additional Page(s) Certificate of Good Standing) (Cassidy, Meghan)
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Filing 53
ORDER granting #52 Agreed MOTION to Extend Time To Respond and Reply to Defendants' Motions to Dismiss. Plaintiffs must file their responses to the motions docketed as Nos. 41, 42, and 43 on or before 12/1/2014, and defendants must file their replies in support of these motion on or before 12/29/2014. (Ordered by Chief Judge Sidney A Fitzwater on 11/12/2014) (jrr)
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Filing 52
Agreed MOTION to Extend Time To Respond and Reply to Defendants' Motions to Dismiss filed by American Realty Investors Inc, American Realty Trust, Inc, Atlantic Midwest LLC, Atlantic XIII LLC, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, David M Clapper, Louis Corna, Jane Doe, John Doe, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc, XYZ Company with Brief/Memorandum in Support. (Mychalowych, Andrew)
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Filing 51
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc. (Kendall, Joe)
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Filing 50
ORDER: The court is advised by the clerk of court that Meghan W. Cassidy, Esquire ("Counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, within 30 days of the date of this order, Counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (Ordered by Chief Judge Sidney A Fitzwater on 11/3/2014) (twd)
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Filing 49
ORDER: On 10/27/2014 defendants filed an initial responsive pleading in this case but did not provide the clerk with a certificate of interested persons. No later than 21 days after this order is filed, defendants must comply with Rule 7.4 so that the court can ensure that recusal is not required in this case. (Ordered by Chief Judge Sidney A Fitzwater on 11/3/2014) (twd)
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Filing 48
PRELIMINARY INJUNCTION SCHEDULING ORDER. (Ordered by Chief Judge Sidney A Fitzwater on 11/3/2014) (Chief Judge Sidney A Fitzwater)
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Filing 47
ORDER: The #35 MOTION for Temporary Restraining Order filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper is carried with plaintiffs' preliminary injunction application, without prejudice to being granted or denied for cause before the court decides the preliminary injunction application. (Ordered by Chief Judge Sidney A Fitzwater on 11/3/2014) (Chief Judge Sidney A Fitzwater)
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Filing 46
Order for Scheduling Order Proposal: Scheduling Proposal due by 12/3/2014. (Ordered by Chief Judge Sidney A Fitzwater on 11/3/2014) (chmb)
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Filing 45
Court Request for Recusal: Judge Jorge A Solis recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Chief Judge Sidney A Fitzwater for all further proceedings. Future filings should indicate the case number as: 3:14-cv-2970-D. (gr)
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Filing 44
MOTION to Dismiss filed by Basic Capital Management, Inc, Income Opportunity Realty Investors Inc, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, Transcontinental Realty Acquisition Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (McKey, Jamie)
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Filing 43
MOTION to Dismiss filed by Gene S Bertcher, Henry A Butler, Louis Corna, Sharon Hunt, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (McKey, Jamie)
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Filing 42
MOTION to Dismiss filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Transcontinental Realty Investors Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (McKey, Jamie)
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Filing 41
MOTION to Dismiss filed by The Martin Trust, The May Trust with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (McKey, Jamie)
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Filing 40
REPLY filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re: #35 Emergency MOTION for Temporary Restraining Order (Attachments: #1 Exhibit(s) 1 - Alligator postcard, #2 Exhibit(s) 2- ART Motion to Quash, #3 Exhibit(s) 3-Atlantic Trial Brief before Judge Hale, #4 Exhibit(s) 4-Part 1 of Trial Transcript 11/5/13, #5 Exhibit(s) 4 Continued: Part 2 of Trial Transcript 11/5/13, #6 Exhibit(s) 4 Continued: Part 3 of Trial Transcript 11/5/13, #7 Exhibit(s) 5 Part 1 of Trial Transcript 11/13/13, #8 Exhibit(s) 5 Continued: Part 2 of Trial Transcript of 11/13/13, #9 Exhibit(s) 5 Continued: Part 3 of Trial Transcript 11/13/13, #10 Exhibit(s) 5 Continued: Part 4 of Trial Transcript 11/13/13, #11 Exhibit(s) 6: Part 1 of Trial Transcript 1/7/14, #12 Exhibit(s) 6 Continued: Part 2 of Trial Transcript 1/7/14, #13 Exhibit(s) 7: Part 1 of Trial Transcript 1/8/14, #14 Exhibit(s) 7 Continued: Part 2 of Trial Transcript 1/18/14, #15 Exhibit(s) 8: Part 1 of Trial Transcript 1/9/14, #16 Exhibit(s) 8 Continued: Part 2 of Trial Transcript 1/9/14, #17 Exhibit(s) 8 Continued: Part 3 of Trial Transcript) (Mychalowych, Andrew)
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Filing 39
RESPONSE filed by American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors Inc re: #35 Emergency MOTION for Temporary Restraining Order (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Kendall, Joe)
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Filing 38
ORDER: Now before the Court is Plaintiffs' Motion for Temporary Restraining Order, filed 10/7/2014. Doc. #35 . Having conferred with the parties, the Court finds that it is appropriate to order expedite briefing on this Motion. Any response must be filed by Defendants by 10/14/2014. Any reply must be filed by Plaintiffs by 10/17/2014. (Ordered by Judge Jorge A Solis on 10/7/2014) (ctf)
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Filing 37
NOTICE of Attorney Appearance by David J Schenck on behalf of All Plaintiffs. (Filer confirms contact info in ECF is current.) (Schenck, David)
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Filing 36
Brief/Memorandum in Support filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper re #35 Emergency MOTION for Temporary Restraining Order (Attachments: #1 Exhibit(s) Index of Exhibits, #2 Exhibit(s) 1-2014 Final Judgment against ART, #3 Exhibit(s) 2-TCI 13D filed with SEC, #4 Exhibit(s) 3-SEC document re: transfers of TCI stock, #5 Exhibit(s) 4-SEC document re: transfer of TCI stock, #6 Exhibit(s) 5-Judge Hale Order Dismissing ART's Bankruptcy, #7 Exhibit(s) 6-ART's Motion for Reconsideration of Judge Hale's dismissal, #8 Exhibit(s) 7-Judge Hale's denial of ART's Motion for Reconsideration, #9 Exhibit(s) 8-SEC document re: 2014 transfer of TCI shares, #10 Exhibit(s) 9-SEC report re: conversion of ARI stock, #11 Exhibit(s) 10-August, 2008 Summary Judgment Order by Judge Godbey, #12 Exhibit(s) 11-September, 2009 Summary Judgment Order of Judge Godbey, #13 Exhibit(s) 12-2011 Jury Verdict in case 99-2355, #14 Exhibit(s) 13- 2011 Judgment in case 99-2355 against ART, #15 Exhibit(s) 14-Excerpt of Defendant Gene Bertcher testimony, #16 Exhibit(s) 15-Orders setting hearings on Turn Over motions in case 99-2355, #17 Exhibit(s) 16- 2014 Fifth Circuit Opinion - Case 99-2355, #18 Exhibit(s) 17 - Affidavit of Andrew W. Mychalowych, #19 Exhibit(s) 18 - Orders for hearings from Magistrate Stickney - case 99-2355, #20 Exhibit(s) 19- Suggestion of Bankruptcy filed by ART, #21 Exhibit(s) 20-List of subsidiaries owned by ART as of 12/31/2010, #22 Exhibit(s) 21- Proposed Temporary Restraining Order) (Mychalowych, Andrew)
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Filing 35
Emergency MOTION for Temporary Restraining Order filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 34
WAIVER OF SERVICE Returned Executed as to Basic Capital Management, Inc. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 33
WAIVER OF SERVICE Returned Executed as to American Realty Trust, Inc. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 32
WAIVER OF SERVICE Returned Executed as to Gene S Bertcher. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 31
WAIVER OF SERVICE Returned Executed as to Henry A Butler. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 30
WAIVER OF SERVICE Returned Executed as to Louis Corna. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 29
WAIVER OF SERVICE Returned Executed as to EQK Holdings Inc. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 28
WAIVER OF SERVICE Returned Executed as to Sharon Hunt. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 27
WAIVER OF SERVICE Returned Executed as to Income Opportunity Realty Investors Inc. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 26
WAIVER OF SERVICE Returned Executed as to Robert A Jakuszeweki. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 25
WAIVER OF SERVICE Returned Executed as to Daniel J Moos. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 24
WAIVER OF SERVICE Returned Executed as to Ted R Munselle. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 23
WAIVER OF SERVICE Returned Executed as to Donald Phillips. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 22
WAIVER OF SERVICE Returned Executed as to Gene E Phillips. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 21
WAIVER OF SERVICE Returned Executed as to Mickey N Phillips. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 20
WAIVER OF SERVICE Returned Executed as to Ryan T Phillips. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 19
WAIVER OF SERVICE Returned Executed as to Pillar Income Asset Management Inc. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 18
WAIVER OF SERVICE Returned Executed as to Prime Income Asset Management LLC. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 17
WAIVER OF SERVICE Returned Executed as to Prime Income Asset Management Inc. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 16
WAIVER OF SERVICE Returned Executed as to Realty Advisors, Inc.. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 15
WAIVER OF SERVICE Returned Executed as to Realty Advisors, LLC. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 14
WAIVER OF SERVICE Returned Executed as to Realty Advisors Management, Inc.. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 13
WAIVER OF SERVICE Returned Executed as to Syntek West Inc. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 12
WAIVER OF SERVICE Returned Executed as to Transcontinental Realty Investors, Inc.. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 11
WAIVER OF SERVICE Returned Executed as to The Martin Trust. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 10
WAIVER OF SERVICE Returned Executed as to The May Trust. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 9
WAIVER OF SERVICE Returned Executed as to Transcontinental Realty Acquisition Corporation. Waiver sent on 8/27/2014. (Cassidy, Meghan)
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Filing 8
ELECTRONIC ORDER Denying #6 Plaintiff's Motion to Transfer Case to Judge David C. Godbey. (Ordered by Judge Jorge A Solis on 8/27/2014) (chmb)
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Filing 7
NOTICE of Correspondence to Court filed by ABC Company, American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, Jane Doe, John Doe, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors, Inc., XYZ Company (McKey, Jamie)
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Filing 6
MOTION Transfer Case to Judge David C. Godbey filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Attachments: #1 Exhibit(s) 1., #2 Exhibit(s) 2., #3 Exhibit(s) 3., #4 Exhibit(s) 4., #5 Exhibit(s) 5.) (Mychalowych, Andrew)
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Filing 5
New Case Notes: A filing fee has been paid. File to Judge Solis. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (aaa)
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Filing 4
Summons Issued as to ABC Company, American Realty Investors Inc, American Realty Trust, Inc, Basic Capital Management, Inc, Gene S Bertcher, Henry A Butler, Louis Corna, Jane Doe, John Doe, EQK Holdings Inc, Sharon Hunt, Income Opportunity Realty Investors Inc, Robert A Jakuszeweki, Daniel J Moos, Ted R Munselle, Donald Phillips, Gene E Phillips, Mickey N Phillips, Ryan T Phillips, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, Prime Income Asset Management LLC, Realty Advisors Management, Inc., Realty Advisors, Inc., Realty Advisors, LLC, Syntek West Inc, The Martin Trust, The May Trust, Transcontinental Realty Acquisition Corporation, Transcontinental Realty Investors, Inc., XYZ Company. (aaa)
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Mychalowych, Andrew)
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Filing 2
NOTICE of Related Case filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper (Mychalowych, Andrew)
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Filing 1
COMPLAINT against All Plaintiffs filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC. (Filing fee $400; Receipt number 0539-6232935) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Mychalowych, Andrew)
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