Afshani v. Spirit Realty Capital Inc et al
Plaintiff: Shahram Afshani
Defendant: Spirit SPE Portfolio 2006-1 LLC, Spirit Realty Capital Inc and SMTA Shopko Portfolio I LLC
Case Number: 3:2019cv01421
Filed: June 14, 2019
Court: US District Court for the Northern District of Texas
Presiding Judge: Ed Kinkeade
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2019 Opinion or Order Filing 17 ELECTRONIC ORDER granting #13 Application for Admission Pro Hac Vice of Michael W. Vivoli. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 8/8/2019) (chmb)
August 6, 2019 Opinion or Order Filing 16 ELECTRONIC ORDER denying as moot #9 Motion to Dismiss for Failure to State a Claim. (Ordered by Judge Ed Kinkeade on 8/6/2019) (chmb)
August 5, 2019 Opinion or Order Filing 15 RESPONSE filed by Shahram Afshani re: #9 Motion to Dismiss for Failure to State a Claim (Sbaiti, Mazin)
August 5, 2019 Opinion or Order Filing 14 SECOND AMENDED COMPLAINT WITH JURY DEMAND against SMTA Shopko Portfolio I LLC, Spirit Realty Capital Inc, Spirit SPE Portfolio 2006-1 LLC filed by Shahram Afshani. 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 Exhibit(s) LaCrosse Contract, #2 Exhibit(s) Onalaska Contract) (Sbaiti, Mazin) Modified on 8/6/2019 (zkc).
August 2, 2019 Opinion or Order Filing 13 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael W. Vivoli (Filing fee $25; Receipt number 0539-10161472) filed by Shahram Afshani (Attachments: #1 Exhibit(s) CA Certificate of Good Standing) (Sbaiti, Mazin)
July 29, 2019 Opinion or Order Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Shahram Afshani. (Sbaiti, Mazin)
July 22, 2019 Opinion or Order Filing 11 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed no later than 10 days from the date of the scheduling conference. (Ordered by Judge Ed Kinkeade on 7/22/2019) (zkc)
July 15, 2019 Opinion or Order Filing 10 Brief/Memorandum in Support filed by SMTA Shopko Portfolio I LLC, Spirit SPE Portfolio 2006-1 LLC re #9 Motion to Dismiss for Failure to State a Claim (Tillotson, Jeffrey)
July 15, 2019 Opinion or Order Filing 9 Motion to Dismiss for Failure to State a Claim filed by SMTA Shopko Portfolio I LLC, Spirit SPE Portfolio 2006-1 LLC (Attachments: #1 Proposed Order) (Tillotson, Jeffrey)
June 24, 2019 Opinion or Order Filing 8 ELECTRONIC ORDER granting #5 Motion for Extension of Time to File Answer SMTA Shopko Portfolio I LLC answer or response due 7/15/2019; Spirit SPE Portfolio 2006-1 LLC answer or response due 7/15/2019. (Ordered by Judge Ed Kinkeade on 6/24/2019) (chmb)
June 21, 2019 Opinion or Order Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Spirit Realty Capital Inc. (Dimock, Alexander)
June 21, 2019 Opinion or Order Filing 6 ANSWER to Complaint (Notice of Removal) filed by Spirit Realty Capital Inc (Dimock, Alexander)
June 21, 2019 Opinion or Order Filing 5 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond filed by SMTA Shopko Portfolio I LLC, Spirit SPE Portfolio 2006-1 LLC (Attachments: #1 Proposed Order) (Tillotson, Jeffrey)
June 14, 2019 Opinion or Order Filing 4 NOTICE of Consent re: #1 Notice of Removal, filed by Spirit Realty Capital Inc (Dimock, Alexander)
June 14, 2019 Opinion or Order 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 Toliver). Clerk to provide copy to plaintiff if not received electronically. (zkc)
June 14, 2019 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by SMTA Shopko Portfolio I, LLC, Spirit SPE Portfolio 2006-1, LLC. (Tillotson, Jeffrey)
June 14, 2019 Opinion or Order Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 134th District Court, Dallas County, case number DC-19-06819 filed by SMTA Shopko Portfolio I, LLC, Spirit SPE Portfolio 2006-1, LLC. (Filing fee $400; receipt number 0539-10053520) 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 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. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Cover Sheet, #11 Additional Page(s), #12 Cover Sheet Supplement) (Tillotson, Jeffrey)

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Plaintiff: Shahram Afshani
Represented By: Mazin A Sbaiti
Represented By: J Michal Zapendowski
Represented By: Michael W Vivoli
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Defendant: Spirit SPE Portfolio 2006-1 LLC
Represented By: Jeffrey M Tillotson
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Defendant: Spirit Realty Capital Inc
Represented By: Christopher L Chauvin
Represented By: Alexander Tobias Dimock
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Defendant: SMTA Shopko Portfolio I LLC
Represented By: Jeffrey M Tillotson
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