Patel v. Balboa Capital Corporation
Jaideep Patel |
Balboa Capital Corporation |
3:2018cv02527 |
September 21, 2018 |
US District Court for the Northern District of Texas |
Barbara MG Lynn |
Contract: Other Contract |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on September 21, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 134 ORDER: The Status Report states that Dr. Melby and Dr. Policarpio are not pursuing any claims against Balboa Capital Corporation ("Balboa"). Dr. Patel is pursuing claims against Balboa. IT IS ORDERED that Dr. Patel's claims against Balboa are SEVERED from this case and CONSOLIDATED with Balboa Capital Corporation v. Patel Transitions MHT LLC, et al., Case No. 3:18-cv-902-M. IT IS FURTHER ORDERED that the Motion to Dismiss [ECF No. #70 ] is DENIED as MOOT. Clerk to open new case for severed matter. (Civil case 3:18-cv-2527-M opened). (Ordered by Chief Judge Barbara M.G. Lynn on 9/21/2018) (axm) |
Civil Case Terminated per #134 Order of Consolidation. (axm) |
Filing 133 STATUS REPORT filed by Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 132 ORDER: Before the Court is the Motion to Dismiss [ECF No. #70 ], filed by Balboa Capital Corporation. Balboa Capital Corporation moves to dismiss claims asserted by Plaintiffs Dr. Derek Melby, Dr. Danilo Policarpio, and Dr. Jaideep Patel ("Plaintiffs"). By September 20, 2018, at 5:00 p.m. counsel for each of these three Plaintiffs must advise the Court if, at this time, Plaintiffs are pursuing those claims against Balboa Capital Corporation in this case. The Court is preliminarily of the view that Dr. Patel's claims should proceed, if at all, in Case No. 3:18-cv-902. (Ordered by Chief Judge Barbara M.G. Lynn on 9/18/2018) (ndt) Modified on 9/26/2018 (chmb). |
Filing 131 FINAL ORDER AND JUDGMENT APPROVING SETTLEMENT AND DISMISSING CERTAIN CLAIMS WITH PREJUDICE: Having reviewed and considered all timely submissions made in connection with the proposed Settlement, and having reviewed and considered the files and records herein, the Court finds and concludes as follows. (Ordered by Chief Judge Barbara M.G. Lynn on 9/13/2018) (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s)) (ndt) |
Filing 130 ORDER granting in part #80 Motion for Entry of Settlement Bar Order to the extent set forth in the Court's forthcoming Judgment. (Ordered by Chief Judge Barbara M.G. Lynn on 9/13/2018) (ndt) |
Filing 129 MOTION for Judgment pursuant to FRCP 54(b) filed by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio with Brief/Memorandum in Support. (Attachments: #1 Memorandum in Support, #2 Exhibit(s) A (Proposed Judgment), #3 Exhibit(s) A1, #4 Exhibit(s) A2, #5 Exhibit(s) A3, #6 Exhibit(s) A4, #7 Exhibit(s) A5) (Lemann, Jonathan) |
Filing 128 ORDER granting #92 Motion for Attorney Fees; denying #110 Motion for Attorney Fees. Class Counsel is awarded $2,101,330.43 in attorney's fees and reimbursed $29,341.11 for expenses. Kirk Morgan is awarded $119,269.50 in attorney's fees and reimbursed $5,075.38 for expenses. Isaac Tawil is awarded $25,608.33 in attorney's fees and reimbursed $11,375.25 for expenses. Representative Plaintiffs are awarded $2,000 each in incentive payments. (Ordered by Chief Judge Barbara M.G. Lynn on 7/5/2018) (epm) |
Filing 127 AFFIDAVIT re #92 MOTION for Attorney Fees and Expenses (Declaration of Isaac J Tawil) by Derek Melby. (Lemann, Jonathan) |
Filing 126 DISREGARD. FILED IN ERROR. Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney George L. Hampton (Filing fee $25; Receipt number 0539-9273566) filed by Derek Melby (Bennett, Joshua) Modified on 6/25/2018 (ldm). |
Filing 125 ORDER granting #90 Plaintiffs' Motion for Final Approval of Partial Class Action Settlement. Because the settlement resolves all claims between Plaintiffs and Settling Defendants, a final judgment will be entered accordingly. An order adjudicating the motions for award of attorneys' fees and expenses, (ECF Nos. #92 , #110 ), will also be entered accordingly. (Ordered by Chief Judge Barbara M.G. Lynn on 6/22/2018) (axm) |
Filing 123 RESPONSE filed by Ascentium Capital LLC re: #110 First MOTION for Attorney Fees (Stammel, Matthew) |
Filing 122 RESPONSE filed by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio re: #110 First MOTION for Attorney Fees (Lemann, Jonathan) |
Filing 121 ORDER granting #114 Motion to Extend Time to File Response/Reply. The deadline for Dr. Derek Melby, Dr. Danilo Policarpio, Dr. David Guillot, Dr. Jaideep Patel, Ascentium Capital LLC, Univest Capital, Inc., and Cliff McKenzie to file a reply supporting their Joint Motion for Entry of Settlement Bar Order (ECF No. #80 ) is extended until seven days after this Court rules on Plaintiffs Motion for Final Approval of Partial Class Action Settlement (ECF No. #90 ). (Ordered by Chief Judge Barbara M.G. Lynn on 3/21/2018) (ran) |
Filing 120 Appendix in Support filed by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio re #92 MOTION for Attorney Fees and Expenses (Lemann, Jonathan) |
Filing 119 AFFIDAVIT re #90 MOTION Final Approval of Partial Class Settlement Declaration of Donald C. Massey by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 118 Brief/Memorandum in Support filed by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio re #90 MOTION Final Approval of Partial Class Settlement, #92 MOTION for Attorney Fees and Expenses (Lemann, Jonathan) |
Filing 117 Appendix in Support filed by Ascentium Capital LLC, Cliff McKenzie re #116 Brief/Memorandum in Support of Motion, (Stammel, Matthew) |
Filing 116 Brief/Memorandum in Support filed by Ascentium Capital LLC, Cliff McKenzie re #90 MOTION Final Approval of Partial Class Settlement Supplemental Brief Supporting Plaintiffs' Motion for Final Approval of Partial Class Settlement (Stammel, Matthew) |
Filing 115 ELECTRONIC ORDER granting #109 Application for Admission Pro Hac Vice of Gilbert Eric De Leon. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 3/20/2018) (chmb) |
Filing 114 MOTION for Extension of Time to File Response/Reply to #99 Response/Objection filed by Ascentium Capital LLC, Cliff McKenzie (Attachments: #1 Proposed Order) (Stammel, Matthew) |
Filing 113 ADDITIONAL ATTACHMENT (Certificate of Good Standing) to #109 Application for Admission Pro Hac Vice filed by Jay Hoelscher (De Leon, Gilbert) Modified event text on 3/20/2018 (axm). |
Filing 112 Notice of Correction of Signature Omission, correcting signature omission in #110 Motion for Attorney Fees filed by Jay Hoelscher. (De Leon, Gilbert) |
Filing 111 ORDER granting #98 Motion to Extend Chapter 7 Trustee's Deadline to Object to Motion for Entry of Settlement Bar Order. The Trustee's deadline is extended until sixteen days after the bankruptcy court rules on the Trustee's forthcoming motion under Federal Rule of Bankruptcy Procedure 9019 to approve a settlement agreement between Ascentium and the Trustee. (Ordered by Chief Judge Barbara M.G. Lynn on 3/13/2018) (rekc) |
Filing 124 ELECTRONIC Minute Entry for hearing held on March 12, 2018, before Chief Judge Barbara M.G. Lynn: Hearing on proposed settlement for final approval under Federal Rule of Civil Procedure 23. After hearing arguments from counsel and testimony from class members, the Court took the matter under advisement. Attorney Appearances: Robert Couhig, Jr., Donald Massey, and Jonathan Lemann for Plaintiffs; Matthew Stammel, Jordan Leu, William Hinchman, and Russell Yager for Defendant Ascentium Capital LLC and Cliff McKenzie; William Hinchman and Maeghan Whitehead for Defendant Univest Capital Inc.; Thomas Hanson for Defendant Balboa Capital Corporation. (Court Reporter: Pam Wilson) Time of hearing 3:20. (chmb) |
Filing 110 First MOTION for Attorney Fees filed by Jay Hoelscher (Attachments: #1 Proposed Order) (De Leon, Gilbert) |
Filing 109 Application for Admission Pro Hac Vice wit Certificate of Good Standing (Filing fee $25; Receipt number 0539-9044396) filed by Jay Hoelscher. (De Leon, Gilbert) (Certificate of Good Standing filed as docket entry #113 ) Modified on 3/20/2018 (axm). |
Filing 108 Exhibit List for Fairness Hearing by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 107 AFFIDAVIT Supplemental Declaration of Donald C. Massey by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 106 AFFIDAVIT Supplemental Declaration of Jordan W. Leu Regarding Exhibits Listing Class Members and Balances by Ascentium Capital LLC, Cliff McKenzie. (Stammel, Matthew) |
Filing 105 AFFIDAVIT Declaration of Danilo Policarpio by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 104 AFFIDAVIT Declaration of Jaideep Patel by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 103 AFFIDAVIT Declaration of Derek Melby by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 102 AFFIDAVIT Declaration of David Guillot by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 101 AFFIDAVIT Declaration of Jonathan P. Lemann by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 100 Appendix in Support filed by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio re #92 MOTION for Attorney Fees and Expenses (Lemann, Jonathan) |
Filing 99 RESPONSE filed by Balboa Capital Corporation re: #80 MOTION For Entry of Settlement Bar Order (Hanson, Thomas) |
Filing 98 MOTION for Extension of Time to File Response/Reply to #80 MOTION For Entry of Settlement Bar Order filed by Ascentium Capital LLC, Cliff McKenzie, Univest Capital Inc (Attachments: #1 Proposed Order) (Stammel, Matthew) |
Filing 97 AFFIDAVIT Supplemental Declaration of Jordan W. Leu Regarding CAFA Notices by Ascentium Capital LLC, Cliff McKenzie. (Leu, Jordan) |
Filing 96 Appendix in Support filed by Ascentium Capital LLC, Cliff McKenzie re #95 Response/Objection (Stammel, Matthew) |
Filing 95 RESPONSE filed by Ascentium Capital LLC, Cliff McKenzie re: #90 MOTION Final Approval of Partial Class Settlement (Stammel, Matthew) |
Filing 94 AFFIDAVIT Declaration of Michelle J. Kopperud, Settlement Administrator by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio. (Lemann, Jonathan) |
Filing 93 OBJECTION filed by Giovanni Baula re: #64 ORDER PRELIMINARILY APPROVING #59 CLASS SETTLEMENT. (ran) (Main Document 93 replaced on 3/6/2018) (axm). |
Filing 92 MOTION for Attorney Fees and Expenses filed by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio with Brief/Memorandum in Support. (Lemann, Jonathan) |
Filing 91 Appendix in Support filed by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio re #90 MOTION Final Approval of Partial Class Settlement (Lemann, Jonathan) |
Filing 90 MOTION Final Approval of Partial Class Settlement filed by David Guillot, Derek Melby, Jaideep Patel, Danilo Policarpio with Brief/Memorandum in Support. (Lemann, Jonathan) |
Filing 89 OBJECTION filed by Rafael Lagleva re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT. (zkc) (Main Document 89 replaced on 3/6/2018) (axm). |
Filing 88 OBJECTION filed by Kerisea Mcpherson re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT. (zkc) (Main Document 88 replaced on 3/6/2018) (axm). |
Filing 87 REPLY filed by Balboa Capital Corporation re: #70 MOTION to Dismiss (Hanson, Thomas) |
Filing 86 Correspondence to the Court, filed by Renda Joy Holladay. (ran) (Main Document 86 replaced on 3/6/2018) (axm). |
Filing 85 OBJECTION filed by James A Aurand re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT. (ndt) (Main Document 85 replaced on 3/6/2018) (axm). |
***Clerk's Notice of delivery: (see NEF for details) Docket No:84. Mon Feb 26 14:23:30 CST 2018 (crt) |
Filing 84 ORDER granting #82 Application for Admission Pro Hac Vice of Jeffrey S Dornbos. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 2/23/2018) (ndt) |
Filing 83 Correspondence to the Court filed by Renda Joy Holladay. (sss) (Main Document 83 replaced on 3/6/2018) (axm). |
Filing 82 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9003387) filed by Maciej Solarewicz, Krystyna Solarewicz, Eric Sandy, Matthew Blair, Vitalie Ureche, Charles Zickus, Larry Lazaro, Piyush Bhatnagar, Shahnaz Ali, Alan Grillo, Age Management of West Michigan, PC (Attachments: #1 Exhibit(s) Certificate of Good Standing for State of Michigan, #2 Proposed Order Proposed Order re Pro Hac Vice). Party Solarewicz, et. al. added.Attorney Jeffrey S Dornbos added to party Maciej Solarewicz(pty:obj), Attorney Jeffrey S Dornbos added to party Krystyna Solarewicz(pty:obj), Attorney Jeffrey S Dornbos added to party Eric Sandy(pty:obj), Attorney Jeffrey S Dornbos added to party Matthew Blair(pty:obj), Attorney Jeffrey S Dornbos added to party Vitalie Ureche(pty:obj), Attorney Jeffrey S Dornbos added to party Charles Zickus(pty:obj), Attorney Jeffrey S Dornbos added to party Larry Lazaro(pty:obj), Attorney Jeffrey S Dornbos added to party Piyush Bhatnagar(pty:obj), Attorney Jeffrey S Dornbos added to party Shahnaz Ali(pty:obj), Attorney Jeffrey S Dornbos added to party Alan Grillo(pty:obj), Attorney Jeffrey S Dornbos added to party Age Management of West Michigan, PC(pty:obj) (Dornbos, Jeffrey) |
Filing 81 RESPONSE filed by Jaideep Patel re: #70 MOTION to Dismiss (Lemann, Jonathan) |
Filing 80 MOTION For Entry of Settlement Bar Order filed by Ascentium Capital LLC, David Guillot, Derek Melby, Danilo Policarpio, Cliff McKenzie, Jaideep Patel, Univest Capital Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Stammel, Matthew) |
Filing 79 OBJECTION filed by Babajide Akanji Obiesesan re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT. (zkc) (Main Document 79 replaced on 3/6/2018) (axm). |
Filing 78 Correspondence to the Court by Tri Nguyen, Joseph Shaun Murphy, Quynh Ton-That. (sss) Modified to remove erroneous text on 3/6/2018 (sss). (Main Document 78 replaced on 3/6/2018) (axm). |
Filing 77 OBJECTION filed by College Park Home Visits MHT LLC re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT (svc) (Main Document 77 replaced on 3/6/2018) (axm). |
Filing 76 OBJECTION filed by Christopher Mann re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT. (svc) (Main Document 76 replaced on 3/6/2018) (axm). |
Filing 75 RESPONSE filed by James A Aurand re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT (svc) (Main Document 75 replaced on 3/6/2018) (axm). |
Filing 74 RESPONSE filed by Alton Moore, II re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT (svc) (Main Document 74 replaced on 3/6/2018) (axm). |
Filing 73 RESPONSE filed by Donnielle Green re: #64 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT (svc) (Main Document 73 replaced on 3/6/2018) (axm). |
Filing 72 Appendix in Support filed by Balboa Capital Corporation re #71 Brief/Memorandum in Support of Motion (Hanson, Thomas) |
Filing 71 Brief/Memorandum in Support filed by Balboa Capital Corporation re #70 MOTION to Dismiss (Hanson, Thomas) |
Filing 70 MOTION to Dismiss filed by Balboa Capital Corporation Attorney Thomas M Hanson added to party Balboa Capital Corporation(pty:condft) (Hanson, Thomas) |
Filing 69 INTERVENOR COMPLAINT with Jury Demand against America's MHT Inc, Ascentium Capital LLC, Cliff McKenzie, Scott Postle filed by David Guillot. 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. (rekc) |
Filing 68 ORDER ON DR. DAVID GUILLOT'S #67 MOTION TO INTERVENE: The Motion is GRANTED, and it is ORDERED that Intervenor, Dr. David Guillot, is granted leave to intervene as a party plaintiff and proposed class representative in this action. (Ordered by Chief Judge Barbara M.G. Lynn on 1/4/2018) (rekc) |
Filing 67 MOTION to Intervene filed by David Guillot (Attachments: #1 Proposed Order, #2 Proposed Pleading). Party Dr. David Guillot added.Attorney Jonathan P. Lemann added to party David Guillot(pty:!!!) (Lemann, Jonathan) |
Filing 66 ORDER granting #65 Motion to Approve Forms of Class Notice. Theproposed form Class Notices attached to the #65 Motion as Exhibits B, C, and D are APPROVED. (Ordered by Chief Judge Barbara M.G. Lynn on 12/11/2017) (ran) |
Filing 65 MOTION to Approve Forms of Class Notice re #64 Order on Motion for Miscellaneous Relief, filed by Ascentium Capital LLC, Cliff McKenzie, Univest Capital Inc (Attachments: #1 Todd Hilsee CV, #2 Individual Notice - Subclasses 1, 2, and 3, #3 Individual Notice - Subclass 4, #4 Detailed Notice, #5 Proposed Order) (Stammel, Matthew) |
Filing 64 ORDER PRELIMINARILY APPROVING #59 CLASS SETTLEMENT: This Action shall be stayed as to the Settling Defendants pending further proceedings in connection with the effectuation of the Proposed Settlement. (Ordered by Chief Judge Barbara M.G. Lynn on 11/22/2017) (sss) |
Filing 63 ELECTRONIC ORDER granting #61 Application for Admission Pro Hac Vice of William R. Hinchman. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 10/13/2017) (lag/chmb) |
Filing 62 RESPONSE filed by Ascentium Capital LLC, Cliff McKenzie re: #59 MOTION for Preliminary Approval of Partial Class Action Settlement (Stammel, Matthew) |
Filing 61 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney William R. HInchman (Filing fee $25; Receipt number 0539-8724605) filed by Univest Capital Inc (Attachments: #1 Exhibit(s) 1-Certificate of Good Standing) (Haas, Eric) |
Filing 60 NOTICE of Attorney Appearance by Eric Putnam Haas for Michael Gardner on behalf of Univest Capital Inc. (Haas, Eric) |
Filing 59 MOTION for Preliminary Approval of Partial Class Action Settlement filed by Priti Bhagia, Donielle Green, Vijay Kumar, Derek Melby, Jaideep Patel, Danilo Policarpio with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Stipulation of Settlement, #2 Exhibit(s) B - Class Counsel CVs) (Bennett, Joshua) |
Filing 58 ORDER: This case is hereby transferred to the docket of the Honorable United States Chief District Judge Barbara M.G. Lynn for possible consolidation with related cases assigned to her docket. (Ordered by Judge Sam A Lindsay on 9/19/2017) (ran) |
Filing 57 AMENDED COMPLAINT WITH JURY DEMAND against Ascentium Capital LLC, Cliff McKenzie, Univest Capital Inc filed by Danilo Policarpio, Derek Melby, Jaideep Patel. 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. (Carter, E) |
Filing 56 Joint STATUS REPORT filed by Priti Bhagia, Derek Melby, Jaideep Patel, Danilo Policarpio. (Carter, E) |
Filing 55 NOTICE of Attorney Appearance by John T Cox, III on behalf of Univest Capital Inc. (Filer confirms contact info in ECF is current.) (Cox, John) |
Filing 54 ELECTRONIC ORDER granting #53 Motion to Extend Time. Accordingly, the deadline for Plaintiffs to file a Master Amended Complaint as to any non-settling defendants is extended from September 7, 2017, to September 18, 2017. (Ordered by Judge Sam A Lindsay on 9/6/2017) (chmb) |
Filing 53 Joint MOTION to Extend Time Concerning Class Settlement filed by Ascentium Capital LLC, Cliff McKenzie (Attachments: #1 Proposed Order) (Stammel, Matthew) |
Filing 52 Alternative Dispute Resolution Summary filed by Christopher Nolland. Attorneys in Attendance: Donald C. Massey, Robert E. Couhig, Jr., Matthew R. Stammel. Prv Fee: $ 9,000. Outcome of ADR: Continuing to work with parties to reach a settlement. (Nolland, Christopher) |
Filing 51 NOTICE of Attorney Appearance by Matthew R Stammel for Russell Yager on behalf of Ascentium Capital LLC. (Stammel, Matthew) |
Filing 50 ORDER granting #49 MOTION for Entry of Scheduling Order Concerning Class Settlement. The deadline for the Moving Parties to file their motion for preliminary approval of their proposed class settlement is 9/7/2017. The deadline for Plaintiffs to file a Master Amended Complaint is extended to 9/7/2017. (Ordered by Judge Sam A Lindsay on 8/7/2017) (epm) |
Filing 49 MOTION for Entry of Scheduling Order Concerning Class Settlement filed by Ascentium Capital LLC, Cliff McKenzie (Attachments: #1 Proposed Order) (Stammel, Matthew) |
Filing 48 ORDER granting #47 Motion for Extension of Time to File a Master Amended Complaint. The deadline for Plaintiffs to file a Master Amended Complaint that sets forth all of their claims against all Defendants is extended from 7/5/2017 to 8/7/2017. No further extensions will be permitted. (Ordered by Judge Sam A Lindsay on 6/28/2017) (ykp) |
Filing 47 Joint MOTION for Extension of Time to File Master Amended Complaint filed by Ascentium Capital LLC, Priti Bhagia, Donielle Green, Vijay Kumar, Jaideep Patel. (Attachments: #1 Proposed Order) (Stammel, Matthew) |
Filing 46 ORDER granting #45 Motion to Extend Time. The deadline for Plaintiffs to file a Master Amended Complaint that sets forth all of their claims against all Defendants is extended to 7/5/2017. (Ordered by Judge Sam A Lindsay on 6/1/2017) (epm) |
Filing 45 Joint MOTION to Extend Time to File Master Amended Complaint filed by Priti Bhagia, Donielle Green, Vijay Kumar, Derek Melby, Jaideep Patel, Danilo Policarpio (Attachments: #1 Proposed Order)Attorney Jonathan P. Lemann added to party Priti Bhagia(pty:conpla), Attorney Jonathan P. Lemann added to party Donielle Green(pty:conpla), Attorney Jonathan P. Lemann added to party Vijay Kumar(pty:conpla), Attorney Jonathan P. Lemann added to party Jaideep Patel(pty:conpla) (Lemann, Jonathan) |
Filing 44 ORDER: On 5/18/2017, Defendant America's MHT Inc's Suggestion of Bankruptcy was filed. On 5/15/2017, Defendant America's MHT Inc ("Defendant") filed for protection under Chapter 7 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Texas, Sherman Division, case no. 17-41047. Pursuant to 11 U.S.C. 362, an automatic stay is now in effect with respect to Defendant America's MHT Inc. (Ordered by Judge Sam A Lindsay on 5/19/2017) (twd) |
Filing 43 SUGGESTION OF BANKRUPTCY Upon the Record by America's MHT Inc. (Attachments: #1 Exhibit(s)) (Meixelsperger, Kenneth) |
Filing 42 ORDER granting #41 Plaintiffs' Unopposed Motion for Extension of Time to File Amendment to Plaintiffs' Original Complaints. Accordingly, the deadline for Plaintiffs to file a Master Amended Complaint that sets forth all of their claims against all Defendants is extended to 6/5/2017. (Ordered by Judge Sam A Lindsay on 5/1/2017) (axm) |
Filing 41 Unopposed MOTION for Extension of Time to File Amended Complaint filed by Priti Bhagia, Donielle Green, Vijay Kumar, Derek Melby, Jaideep Patel, Danilo Policarpio (Bennett, Joshua) |
Filing 40 ORDER CONSOLIDATING CASES: Member case(s) 3:17-CV-7325-L, 3:17-CV-868-L, and 3:17-CV-963-L consolidated with lead case 3:17-CV-155-L. Vijay Kumar, Donielle Green, Priti Bhagia, Univest Capital Inc, Jaideep Patel, and Balboa Capital Corporation added to case pursuant to consolidation. Amended Complaint due by 5/5/2017. (Ordered by Judge Sam A Lindsay on 4/14/2017) (rekc) |
Filing 39 MEMORANDUM OPINION AND ORDER denying #20 Motion for TRO; denying without prejudice #20 Motion for Injunction; denying #22 Motion for Discovery; denying #30 Motion to Dismiss as set forth in the order. The court will Plaintiffs to file an amended complaint. (Ordered by Judge Sam A Lindsay on 4/14/2017) (chmb) |
Filing 38 NOTICE of Non-Opposition to Transfer and Consolidation of Related Cases filed by Derek Melby, Danilo Policarpio (Bennett, Joshua) |
Filing 37 ORDER: Plaintiffs shall notify the court in writing by 4/10/17 why Case No. 3:17-CV-868-N should not be transferred to this court and why all other related cases should not be consolidated under Federal Rule of Civil Procedure 42. (Ordered by Judge Sam A Lindsay on 4/6/2017) (ash) |
Filing 36 REPLY filed by Ascentium Capital LLC, Cliff McKenzie re: #30 MOTION to Dismiss (Stammel, Matthew) |
Filing 35 RESPONSE filed by Derek Melby, Danilo Policarpio re: #30 MOTION to Dismiss (Lemann, Jonathan) |
Filing 34 REPLY filed by Derek Melby, Danilo Policarpio re: #22 MOTION for Discovery (Bennett, Joshua) |
Filing 33 Appendix in Support filed by Derek Melby, Danilo Policarpio re #32 Reply (Attachments: #1 Exhibit(s) in Support of Reply) (Bennett, Joshua) |
Filing 32 REPLY filed by Derek Melby, Danilo Policarpio re: #20 MOTION for Temporary Restraining Order MOTION for Injunction (Bennett, Joshua) |
Filing 31 ANSWER to #1 Complaint filed by America's MHT Inc, Scott Postle. 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. (Meixelsperger, Kenneth) |
Filing 30 MOTION to Dismiss filed by Acentium Capital LLC, Cliff McKenzie with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Stammel, Matthew) |
Filing 29 RESPONSE filed by Acentium Capital LLC, Cliff McKenzie re: #22 MOTION for Discovery (Stammel, Matthew) |
Filing 28 Appendix in Support filed by Acentium Capital LLC, Cliff McKenzie re #27 Response/Objection (Stammel, Matthew) |
Filing 27 RESPONSE filed by Acentium Capital LLC, Cliff McKenzie re: #20 MOTION for Temporary Restraining Order MOTION for Injunction (Stammel, Matthew) |
Filing 26 RESPONSE filed by America's MHT Inc re: #22 MOTION for Discovery (Meixelsperger, Kenneth) |
Filing 25 RESPONSE filed by America's MHT Inc re: #20 MOTION for Temporary Restraining Order MOTION for Injunction (Meixelsperger, Kenneth) |
Filing 24 ORDER granting #23 Motion to Expedite. Any response by Defendants to Plaintiffs' motions (Docs. 20, 22) must be filed by February 27, 2017. Any reply by Plaintiffs must be filed by March 6, 2017. (Ordered by Judge Sam A Lindsay on 2/17/2017) (chmb) |
Filing 23 Emergency MOTION to Expedite Consideration of Plaintiffs' Motions for TRO and Preliminary Injunction and for Expedited Discovery filed by Derek Melby, Danilo Policarpio with Brief/Memorandum in Support. (Bennett, Joshua) |
Filing 22 MOTION for Discovery filed by Derek Melby, Danilo Policarpio with Brief/Memorandum in Support. (Bennett, Joshua) |
Filing 21 Appendix in Support filed by Derek Melby, Danilo Policarpio re #20 MOTION for Temporary Restraining Order MOTION for Injunction (Attachments: #1 Exhibit(s) in Support of Motion for TRO and Preliminary Injunciton) (Bennett, Joshua) |
Filing 20 MOTION for Temporary Restraining Order , MOTION for Injunction filed by Derek Melby, Danilo Policarpio with Brief/Memorandum in Support. (Bennett, Joshua) |
Filing 19 ELECTRONIC ORDER granting #18 Motion for Extension of Time. The deadline for Defendants to answer or otherwise respond to Plaintiffs' Complaint is March 6, 2017. (Ordered by Judge Sam A Lindsay on 2/9/2017) (chmb) |
Filing 18 Unopposed MOTION for Extension of Time to File Answer to Class Action Complaint filed by America's MHT Inc, Scott Postle (Attachments: #1 Proposed Order)Attorney Kenneth C Meixelsperger added to party America's MHT Inc(pty:dft), Attorney Kenneth C Meixelsperger added to party Scott Postle(pty:dft) (Meixelsperger, Kenneth) |
Filing 17 STIPULATION Extending Time to Answer by Acentium Capital LLC, Cliff McKenzie. (Stammel, Matthew) |
Filing 16 ELECTRONIC ORDER granting #11 Application for Admission Pro Hac Vice of Robert E. Couhig, Jr.. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 1/27/2017) (chmb) |
Filing 15 SUMMONS Returned Executed as to Scott Postle ; served on 1/23/2017. (Bennett, Joshua) |
Filing 14 SUMMONS Returned Executed as to America's MHT Inc ; served on 1/23/2017. (Bennett, Joshua) |
Filing 13 SUMMONS Returned Executed as to Acentium Capital LLC ; served on 1/23/2017. (Bennett, Joshua) |
Filing 12 SUMMONS Returned Executed as to Cliff McKenzie ; served on 1/23/2017. (Bennett, Joshua) |
Filing 11 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8144598) filed by Derek Melby, Danilo Policarpio (Attachments: #1 Proposed Order)Attorney Robert Couhig, Jr added to party Derek Melby(pty:pla), Attorney Robert Couhig, Jr added to party Danilo Policarpio(pty:pla) (Couhig, Robert) |
Filing 10 ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Jonathan P. Lemann. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 1/19/2017) (chmb) |
Filing 9 ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of Jeffrey T. Pastorek. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 1/19/2017) (chmb) |
Filing 8 ELECTRONIC ORDER granting #5 Application for Admission Pro Hac Vice of Donald C. Massey. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 1/19/2017) (chmb) |
Filing 7 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8143066) filed by Derek Melby, Danilo Policarpio (Attachments: #1 Proposed Order)Attorney Jonathan P. Lemann added to party Derek Melby(pty:pla), Attorney Jonathan P. Lemann added to party Danilo Policarpio(pty:pla) (Lemann, Jonathan) |
Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffrey T. Pastorek (Filing fee $25; Receipt number 0539-8142250) filed by Derek Melby, Danilo Policarpio (Attachments: #1 Proposed Order) (Bennett, Joshua) |
Filing 5 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Donald C. Massey (Filing fee $25; Receipt number 0539-8142216) filed by Derek Melby, Danilo Policarpio (Attachments: #1 Proposed Order) (Bennett, Joshua) |
Filing 4 Summons Issued as to All Defendants. (epm) |
Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (epm) |
Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Derek Melby, Danilo Policarpio. (Carter, E) |
Filing 1 COMPLAINT WITH JURY DEMAND against Acentium Capital, LLC, America's MHT, Inc., Cliff McKenzie, Scott Postle filed by Derek Melby, Danilo Policarpio. (Filing fee $400; Receipt number 0539-8138772) 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. (Attachments: #1 Cover Sheet) (Carter, E) |
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