Pershing LLC v. Fulcrum Capital Holdings, LLC
| Pershing LLC |
| Fulcrum Credit Partners LLC and Fulcrum Capital Holdings LLC |
| 3:2020cv02586 |
| August 28, 2020 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| David C Godbey |
| Other Statutes: Arbitration |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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Filing 39
SCHEDULING ORDER: Trial set for two-week docket beginning 11/1/2021 before Judge David C Godbey. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 10/5/2020) (axm)
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| Filing 38 Joint STATUS REPORT to the Court Pursuant to Rule 26(f) filed by Pershing LLC. (Farrell, Thomas) |
| Filing 37 REPLY filed by Pershing LLC re: #29 MOTION to Dismiss Counterclaim of Fulcrum Credit Partners LLC and Incorporated Memorandum of Law re #26 Answer to Complaint, Counterclaim (Chapman, Jeffrey) |
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Filing 36
ORDER REQUIRING RULE 26(f) CONFERENCE: The parties are directed to confer within fourteen (14) days of the date of this Order regarding the matters set forth in Section II below, and to file a joint report within fourteen (14) days after the conference. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 9/2/2020) (ctf)
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| Filing 35 RESPONSE filed by Fulcrum Credit Partners LLC re: #29 MOTION to Dismiss Counterclaim of Fulcrum Credit Partners LLC and Incorporated Memorandum of Law re #26 Answer to Complaint, Counterclaim (Stanley, Michael) |
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Filing 33
***PLEASE DISREGARD, FILED IN ERROR***ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this order and report to the Court within 14 days after the conference. (Ordered by Judge David C Godbey on 9/1/2020) (ykp) Modified on 9/2/2020 (ctf).
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| Filing 31 Conditional Transfer Order entered by the Judicial Panel on Multidistrict Litigation. Signed by John W. Nichols, Clerk of the Panel. (jv2) [Transferred from Texas Western on 8/31/2020.] |
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Text Order GRANTING #30 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. Defendants shall file a response to Plaintiff's motion to dismiss Defendants' counterclaims, (Dkt. 29), on or before September 1, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld) [Transferred from Texas Western on 8/31/2020.]
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| Filing 30 MOTION for Extension of Time to File Response/Reply TO PERSHING LLCS MOTION TO DISMISS COUNTERCLAIM by Fulcrum Capital Holdings, LLC, Fulcrum Credit Partners LLC. (Attachments: #1 Proposed Order)(Stanley, Michael) [Transferred from Texas Western on 8/31/2020.] |
| Filing 29 MOTION to Dismiss Counterclaim of Fulcrum Credit Partners LLC and Incorporated Memorandum of Law re #26 Answer to Complaint, Counterclaim by Pershing LLC. (Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 28 NOTICE of Filing Tag-Along Notice with MDL Panel by Pershing LLC (Attachments: #1 Exhibit A - Notice of Related Action (JPML 2099))(Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
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Text Order GRANTING #27 Motion for Extension of Time to File entered by Judge Robert Pitman. The parties shall file an agreed proposed scheduling order or a status report ten days after the U.S. Judicial Panel on Multidistrict Litigation ("MDL Panel") has taken action, as contemplated by MDL Panel Rule 7.1(a), on Plaintiff Pershing LLC's forthcoming Notice of Related Action in In re: Stanford Entities Securities Litigation, MDL Docket No. 2099. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld) [Transferred from Texas Western on 8/31/2020.]
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| Filing 27 Joint MOTION for Extension of Time to File Agreed Proposed Scheduling Order by Pershing LLC. (Attachments: #1 Proposed Order)(Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 26 Defendants' ANSWER to #1 Complaint, , COUNTERCLAIM against Pershing LLC by Fulcrum Credit Partners LLC, Fulcrum Capital Holdings, LLC.(Stanley, Michael) [Transferred from Texas Western on 8/31/2020.] |
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Filing 25
ORDER GRANTING #5 Motion for Preliminary Injunction; DENYING #10 Motion to Dismiss. Signed by Judge Robert Pitman. (td) [Transferred from Texas Western on 8/31/2020.]
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| Set/Reset Deadlines: Agreed Proposed Scheduling Order due by 8/6/2020. (td) [Transferred from Texas Western on 8/31/2020.] |
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Text Order GRANTING #23 Motion for Leave to File entered by Judge Robert Pitman. Plaintiff's unopposed motion to extend the deadline for filing a proposed scheduling order, (Dkt. 23), is GRANTED. The parties shall file an agreed proposed scheduling order by August 6, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ld) [Transferred from Texas Western on 8/31/2020.]
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Filing 24
ORDER GRANTING #18 Motion to Appear Pro Hac Vice by Jeffrey J. Chapman. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (td) [Transferred from Texas Western on 8/31/2020.]
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| Filing 23 Unopposed MOTION for Leave to File Scheduling Order by Pershing LLC. (Attachments: #1 Proposed Order)(Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
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Filing 22
ORDERED that the Clerk of Court shall STRIKE Fulcrums sur-reply, (Dkt. #19 ). FURTHER ORDERED that Pershings motion for leave to file a response to Fulcrums sur-reply, (Dkt. #21 ), is MOOT. Signed by Judge Robert Pitman. (td) [Transferred from Texas Western on 8/31/2020.]
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| Filing 21 MOTION for Leave to File Response to Fulcrum's Sur-Reply to Plaintiff's Application for a Preliminary Injunction by Pershing LLC. (Attachments: #1 Exhibit Response to Fulcrum's Sur-Reply to Plaintiff's Application for a Preliminary Injunction, #2 Proposed Order)(Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 19 STRICKEN PER ORDER #22 Sur-reply to Motion, filed by Fulcrum Capital Holdings, LLC, Fulcrum Credit Partners LLC, re #5 MOTION for Preliminary Injunction Plaintiff's Application and Incorporated Memorandum of Law for a Preliminary Injunction filed by Plaintiff Pershing LLC (Stanley, Michael) Modified on 7/2/2020 (td). [Transferred from Texas Western on 8/31/2020.] |
| Filing 18 MOTION to Appear Pro Hac Vice by Thomas M. Farrell on behalf of Jeffrey J. Chapman ( Filing fee $ 100 receipt number 0542-13717820) by on behalf of Pershing LLC. (Attachments: #1 Proposed Order)(Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 20 Minute Entry for proceedings held before Judge Robert Pitman: Telephone Conference held on 6/30/2020 (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(td) [Transferred from Texas Western on 8/31/2020.] |
| Filing 17 Minute Entry for proceedings held before Judge Robert Pitman: Motion Hearing held on 6/29/2020 re #5 MOTION for Preliminary Injunction Plaintiff's Application and Incorporated Memorandum of Law for a Preliminary Injunction filed by Pershing LLC (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(td) [Transferred from Texas Western on 8/31/2020.] |
| Filing 16 NOTICE in Response by Pershing LLC re #14 Notice (Other) (Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 15 Pro Hac Vice Letter Jeffrey J. Chapman. (td) [Transferred from Texas Western on 8/31/2020.] |
| Filing 14 NOTICE AND OBJECTIONS by Fulcrum Capital Holdings, LLC, Fulcrum Credit Partners LLC (Staples, W.) [Transferred from Texas Western on 8/31/2020.] |
| Filing 13 NOTICE in Response to Second Amended Emergency Order in Light of the COVID-19 Pandemic by Pershing LLC (Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 12 Memorandum in Opposition to Motion, filed by Pershing LLC, re #10 MOTION to Dismiss FOR IMPROPER VENUE filed by Defendant Fulcrum Capital Holdings, LLC, Defendant Fulcrum Credit Partners LLC (Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 11 REPLY to Response to Motion, filed by Pershing LLC, re #5 MOTION for Preliminary Injunction Plaintiff's Application and Incorporated Memorandum of Law for a Preliminary Injunction filed by Plaintiff Pershing LLC (Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 10 MOTION to Dismiss FOR IMPROPER VENUE by Fulcrum Capital Holdings, LLC, Fulcrum Credit Partners LLC. (Attachments: #1 Declaration of Michael Stanley)(Staples, W.) [Transferred from Texas Western on 8/31/2020.] |
| Filing 9 Memorandum in Support AND OPPOSITION TO PLAINTIFF'S APPLICATION FOR PRELIMINARY INJUNCTION by Fulcrum Capital Holdings, LLC, Fulcrum Credit Partners LLC. (Attachments: #1 Declaration)(Staples, W.) [Transferred from Texas Western on 8/31/2020.] |
| Filing 8 Second Amended Emergency Order in Light of the COVID-19 Pandemic [Transferred from Texas Western on 8/31/2020.] |
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Filing 7
ORDER, Set Motion Hearing for #5 MOTION for Preliminary Injunction Plaintiff's Application and Incorporated Memorandum of Law for a Preliminary Injunction. Telephonic Motion Hearing set for 6/29/2020 02:00 PM before Judge Robert Pitman.. Signed by Judge Robert Pitman. (td) [Transferred from Texas Western on 8/31/2020.]
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| Filing 6 SUPPLEMENT to #5 MOTION for Preliminary Injunction Plaintiff's Application and Incorporated Memorandum of Law for a Preliminary Injunction Declaration of Nancy Newcome by Pershing LLC. (Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 5 MOTION for Preliminary Injunction Plaintiff's Application and Incorporated Memorandum of Law for a Preliminary Injunction by Pershing LLC. (Attachments: #1 Affidavit Declaration of Thomas M. Farrell-Part 1, #2 Affidavit Declaration of Thomas M. Farrell-Part 2)(Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 4 SUMMONS Returned Executed by Pershing LLC. All Defendants. (Attachments: #1 Supplement Summons Executed)(Farrell, Thomas) [Transferred from Texas Western on 8/31/2020.] |
| Filing 3 Summons Issued as to Fulcrum Capital Holdings, LLC, Fulcrum Credit Partners LLC. (Attachments: #1 Summons)(dl) [Transferred from Texas Western on 8/31/2020.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Pershing LLC. (Attachments: #1 Supplement Summons)(Farrell, Thomas) (Main Document 2 replaced on 6/3/2020) (dl). (Attachment 1 replaced on 6/3/2020 to flatten image) (dl). [Transferred from Texas Western on 8/31/2020.] |
| Filing 1 COMPLAINT for Declaratory Judgment and Injunctive Relief (Filing fee $ 400. Receipt #0542-13626528), filed by Pershing LLC. (Attachments: #1 Civil Cover Sheet)(Farrell, Thomas) (Attachment 1 replaced on 6/3/2020 to flatten image) (dl). [Transferred from Texas Western on 8/31/2020.] |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (dl) [Transferred from Texas Western on 8/31/2020.] |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) [Transferred from Texas Western on 8/31/2020.] |
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