Brooks v. United Development Funding III et al
| Scharlene Brooks |
| Cara D Obert, Hollis M Greenlaw, UMT Holdings LP, Ben L Wissink, UMT Services Inc, Todd Etter, UMTH General Services LP, Whitley Penn LLP, United Development Funding III and UMTH Land Development LP |
| Stephen N Fox and Nora Fox JTWROS |
| 3:2018cv03097 |
| November 21, 2018 |
| US District Court for the Northern District of Texas |
| Barbara MG Lynn |
| Brantley Starr |
| Other Statutes: Securities/Commodities/Exchange |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.
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Filing 70
Special Order 3-333: Effective September 3, 2019, the cases listed on Exhibit A to this order are transferred to Judge Brantley Starr's docket and shall henceforth be designated by the suffix letter X. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/27/2019) (cea)
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| Filing 69 PLAINTIFFS' OMNIBUS MEMORANDUM OF LAW IN OPPOSITION TO THE MOTIONS TO DISMISS FILED BY THE UDF DEFENDANTS filed by Scharlene Brooks, Stephen N Fox, Nora Fox JTWROS re #61 MOTION to Dismiss the Amended Complaint, #56 Motion to Dismiss for Failure to State a Claim, #63 MOTION to Dismiss Amended Class Action Complaint and Memorandum in Support, #57 MOTION to Dismiss Amended Class Action Complaint and Memorandum in Support, #58 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint, #62 Motion to Dismiss for Failure to State a Claim (ykp) |
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Filing 68
ORDER granting #67 Motion for Leave to File Memorandum of Law in Excess of Twenty-Five Pages. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Chief Judge Barbara M. G. Lynn on 8/6/2019) (ykp)
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| Filing 67 MOTION for Leave to File Memorandum of Law in Excess of Twenty-Five Pages filed by Scharlene Brooks, Stephen N Fox, Nora Fox JTWROS with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit A - Plaintiffs' Omnibus Memorandum of Law in Opposition to the Motions to Dismiss of the UDF Defendants)Attorney Joe Kendall added to party Stephen N Fox(pty:conpla), Attorney Joe Kendall added to party Nora Fox JTWROS(pty:conpla) (Kendall, Joe) |
| Filing 66 RESPONSE filed by Scharlene Brooks, Stephen N Fox, Nora Fox JTWROS re: #56 Motion to Dismiss for Failure to State a Claim (Kendall, Joe) |
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Filing 65
ORDER granting #64 Motion to Extend Time to File Response/Reply. IT IS ORDERED that the deadline for Plaintiffs to respond to Defendants' Motions to Dismiss (ECF Nos. #56 , #57 , #58 , #61 , #62 , and #63 ) is extended to 8/5/2019. The deadline for Defendants to file their replies is extended to 9/20/2019. (Ordered by Chief Judge Barbara M. G. Lynn on 7/23/2019) (aaa)
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| Filing 64 MOTION for Extension of Time to File Response/Reply to #61 MOTION to Dismiss the Amended Complaint, #56 Motion to Dismiss for Failure to State a Claim, #63 MOTION to Dismiss Amended Class Action Complaint and Memorandum in Support, #57 MOTION to Dismiss Amended Class Action Complaint and Memorandum in Support, #58 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint, #62 Motion to Dismiss for Failure to State a Claim filed by Scharlene Brooks with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 63 MOTION to Dismiss Amended Class Action Complaint and Memorandum in Support filed by Hollis M Greenlaw (Knight, Camille) |
| Filing 62 Motion to Dismiss for Failure to State a Claim filed by Ben L Wissink with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Nielsen, Matthew) |
| Filing 61 MOTION to Dismiss the Amended Complaint filed by Cara D Obert with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Singer, Evan) |
| Filing 60 Appendix in Support filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III re #58 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint (Attachments: #1 Exhibit(s)) (Falls, Clayton) |
| Filing 59 Brief/Memorandum in Support filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III re #58 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint (Falls, Clayton) |
| Filing 58 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III (Falls, Clayton) |
| Filing 57 MOTION to Dismiss Amended Class Action Complaint and Memorandum in Support filed by Todd Etter with Brief/Memorandum in Support. (Roberts, Ralph) |
| Filing 56 Motion to Dismiss for Failure to State a Claim filed by Whitley Penn LLP with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Jordan-Detamore, Carla) |
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Filing 55
ORDER granting #54 Motion of the UDF Entity Defendants for Leave to File Brief in Excess of Twenty-Five Pages. The page limit for the UDF Entity Defendants' motion to dismiss is extended to 35 pages. (Ordered by Chief Judge Barbara M.G. Lynn on 6/7/2019) (zkc)
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| Filing 54 Unopposed MOTION for Leave to File Brief in Excess of Twenty-Five Pages filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III (Falls, Clayton) |
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Filing 53
ORDER granting #51 Motion to Withdraw as Attorney. Attorney Amy Tankersley Perry terminated. (Ordered by Chief Judge Barbara M.G. Lynn on 6/3/2019) (ndt)
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| Filing 52 NOTICE of Attorney Appearance by John C Wander for Carla Jordan-Detamore on behalf of Whitley Penn LLP. (Wander, John) |
| Filing 51 MOTION to Withdraw as Attorney Amy T. Perry filed by Whitley Penn LLP (Attachments: #1 Proposed Order) (Perry, Amy) |
| Filing 50 AMENDED COMPLAINT WITH JURY DEMAND against Todd Etter, Hollis M Greenlaw, Cara D Obert, UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III, Whitley Penn LLP, Ben L Wissink filed by Nora Fox JTWROS, Stephen N Fox, Scharlene Brooks. 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 49
ORDER granting #46 Motion to Withdraw as Attorney. Jamie J. Gilmore is withdrawn as counsel of record for Plaintiffs. (Ordered by Chief Judge Barbara M.G. Lynn on 4/11/2019) (zkc)
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Filing 48
ORDER CONSOLIDATING CASES: Member case(s) 3:19-cv-274-M consolidated with lead case 3:18-cv-3097-M. Stephen N Fox, Nora Fox JTWROS and Scharlene Brooks added to case pursuant to consolidation. The Motions to Dismiss (ECF Nos. #19 , #23 , #27 , #29 , #30 , #32 ), the Motion to Stay Discovery Pending Resolution of Defendants' Motion Dismiss (ECF No. #42 ), and the Agreed Motion to Extend Time to Respond to Defendants' Motion to Stay Discovery (ECF No. #47 ) are DENIED AS MOOT. (Ordered by Chief Judge Barbara M.G. Lynn on 4/11/2019) (zkc)
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| Filing 47 Agreed MOTION to Extend Time to Answer, Move, or Otherwise Respond to Plaintiff's Class Action Complaint filed by Scharlene Brooks with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 46 MOTION to Withdraw as Attorney filed by Scharlene Brooks (Attachments: #1 Proposed Order) (Gilmore, Jamie) |
| Filing 45 Agreed MOTION to Consolidate Cases filed by Scharlene Brooks with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 44 NOTICE of Change of Address for Attorney Matthew G Nielsen on behalf of Ben L Wissink. (Filer will update contact info in ECF.) (Nielsen, Matthew) |
| Filing 43 Brief/Memorandum in Support filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III re #42 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss (Falls, Clayton) |
| Filing 42 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III with Brief/Memorandum in Support. (Falls, Clayton) |
| Filing 41 Joint STATUS REPORT filed by Scharlene Brooks. (Kendall, Joe) |
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Filing 40
ORDER: By 3/26/2019, the parties in Case No. 3:18-cv-3097-M and Case No. 3:19-cv-0274-M shall confer and submit a report to the Court regarding whether the two cases should be consolidated. (Ordered by Chief Judge Barbara M.G. Lynn on 3/5/2019) (axm)
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Filing 39
ORDER granting #22 Application for Admission Pro Hac Vice of Matthew A Alvis. 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 2/25/2019) (mla)
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Filing 38
ORDER granting #21 Application for Admission Pro Hac Vice of John W Rotunno. 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 2/25/2019) (mla)
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Filing 37
ORDER granting #20 Application for Admission Pro Hac Vice of Paul J Walsen. 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 2/25/2019) (mla)
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| Filing 36 NOTICE of Filing filed by Whitley Penn LLP (Attachments: #1 Exhibit(s) A) (Perry, Amy) |
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Filing 35
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer as soon as practicable, but in any event no later than 3/8/2019. Joint Report due by 3/15/2019. (Ordered by Chief Judge Barbara M.G. Lynn on 2/22/2019) (ykp)
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Filing 34
ORDER granting #31 Motion to Extend Deadlines. Answer due by 2/20/2019. (Ordered by Chief Judge Barbara M.G. Lynn on 2/20/2019) (rekc)
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| Filing 33 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Whitley Penn LLP. (Perry, Amy) |
| Filing 32 MOTION to Dismiss filed by Todd Etter with Brief/Memorandum in Support. Attorney Ralph Ritch Roberts, III added to party Todd Etter(pty:dft) (Roberts, Ralph) |
| Filing 31 MOTION for Extension of Time to File Response/Reply to #16 Order on Motion for Extension of Time to File Answer, filed by Todd Etter (Uhl, Michael) |
| Filing 30 Motion to Dismiss for Failure to State a Claim filed by Ben L Wissink with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Nielsen, Matthew) |
| Filing 29 Motion to Dismiss for Failure to State a Claim filed by Hollis M Greenlaw with Brief/Memorandum in Support. (Knight, Camille) |
| Filing 28 NOTICE of Attorney Appearance by Camille M Knight on behalf of Hollis M Greenlaw. (Filer confirms contact info in ECF is current.) (Knight, Camille) |
| Filing 27 Motion to Dismiss for Failure to State a Claim filed by Cara D Obert with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Singer, Evan) |
| Filing 26 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III. (Falls, Clayton) |
| Filing 25 Appendix in Support filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III re #23 MOTION to Dismiss Plaintiff's Class Action Complaint (Attachments: #1 Exhibit(s)) (Falls, Clayton) |
| Filing 24 Brief/Memorandum in Support filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III re #23 MOTION to Dismiss Plaintiff's Class Action Complaint (Falls, Clayton) |
| Filing 23 MOTION to Dismiss Plaintiff's Class Action Complaint filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III with Brief/Memorandum in Support. (Falls, Clayton) |
| Filing 22 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9787465) filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III (Attachments: #1 Proposed Order)Attorney Matthew Alvis added to party UMT Holdings LP(pty:dft), Attorney Matthew Alvis added to party UMT Services Inc(pty:dft), Attorney Matthew Alvis added to party UMTH General Services LP(pty:dft), Attorney Matthew Alvis added to party UMTH Land Development LP(pty:dft), Attorney Matthew Alvis added to party United Development Funding III(pty:dft) (Alvis, Matthew) |
| Filing 21 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9787464) filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III (Attachments: #1 Proposed Order)Attorney John Rotunno added to party UMT Holdings LP(pty:dft), Attorney John Rotunno added to party UMT Services Inc(pty:dft), Attorney John Rotunno added to party UMTH General Services LP(pty:dft), Attorney John Rotunno added to party UMTH Land Development LP(pty:dft), Attorney John Rotunno added to party United Development Funding III(pty:dft) (Rotunno, John) |
| Filing 20 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Paul J. Walsen (Filing fee $25; Receipt number 0539-9787462) filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III (Attachments: #1 Proposed Order) (Falls, Clayton) |
| Filing 19 MOTION to Dismiss filed by Whitley Penn LLP with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wander, John) |
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Filing 18
ORDER granting #17 Motion for Leave to File Brief in Excess of 25 Pages. The page limit for Defendants United Development Funding III, L.P., UMT Services, Inc., UMTH General Services, L.P., UMTH Land Development, L.P., and UMT Holdings, L.P.s brief in support of their Motion to Dismiss is extended to 35 pages. (Ordered by Chief Judge Barbara M.G. Lynn on 2/13/2019) (zkc)
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| Filing 17 Unopposed MOTION for Leave to File Brief in Excess of Twenty-Five Pages filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III (Attachments: #1 Proposed Order) (Falls, Clayton) |
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Answer re #1 Complaint. The deadline for Defendants to answer, move, or otherwise respond to the Complaint is extended to 2/18/2019. (Ordered by Chief Judge Barbara M.G. Lynn on 1/17/2019) (axm)
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| Filing 15 Agreed Motion for Extension of Time to File Answer filed by UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III Attorney Clayton L Falls added to party UMT Holdings LP(pty:dft), Attorney Clayton L Falls added to party UMT Services Inc(pty:dft), Attorney Clayton L Falls added to party UMTH General Services LP(pty:dft), Attorney Clayton L Falls added to party UMTH Land Development LP(pty:dft), Attorney Clayton L Falls added to party United Development Funding III(pty:dft) (Falls, Clayton) |
| Filing 14 SUMMONS Returned Executed as to Cara D Obert; served on 1/4/2019. (aaa) |
| Filing 13 SUMMONS Returned Executed as to Ben L Wissink; served on 1/4/2019. (aaa) |
| Filing 12 SUMMONS Returned Executed as to United Development Funding III; served on 1/4/2019. (aaa) |
| Filing 11 SUMMONS Returned Executed as to UMTH Land Development LP; served on 1/4/2019. (aaa) |
| Filing 10 SUMMONS Returned Executed as to UMTH General Services LP; served on 1/4/2019. (aaa) |
| Filing 9 SUMMONS Returned Executed as to UMT Services Inc; served on 1/4/2019. (aaa) |
| Filing 8 SUMMONS Returned Executed as to UMT Holdings LP; served on 1/4/2019. (aaa) |
| Filing 7 SUMMONS Returned Executed as to Hollis M Greenlaw; served on 1/4/2019. (aaa) |
| Filing 6 SUMMONS Returned Executed as to Todd Etter; served on 1/4/2019. (aaa) |
| Filing 5 SUMMONS Returned Executed as to Whitley Penn LLP; served on 12/27/2018. (zkc) |
| Filing 4 Court Request for Recusal: This case has been reassigned via random assignment to U.S. Magistrate Judge Renee Harris Toliver for matters that may be referred. U.S. Magistrate Judge David L. Horan is no longer assigned to the case. (ctf) |
| Filing 3 Summons Issued as to Todd Etter, Hollis M Greenlaw, Cara D Obert, UMT Holdings LP, UMT Services Inc, UMTH General Services LP, UMTH Land Development LP, United Development Funding III, Whitley Penn LLP, Ben L Wissink. (zkc) |
| Filing 2 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (zkc) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Scharlene Brooks. (Filing fee $400; Receipt number 0539-9599867) 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) (Kendall, Joe) |
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