Ashford Hospitality Trust Inc v. Cygnus Capital, Inc. et al
| Ashford Hospitality Trust Inc |
| Christopher Swann, Cygnus Capital Real Estate Advisors II, LLC, William Miller, Jr., Shannon Johnson, Rebecca Harvey, Cygnus Capital Advisors, LLC, Thornton Capital Master Fund, LP, Thornton Capital GP LLC, Cygnus Capital, Inc., Cygnus Property Fund IV, LLC, Thornton Capital Partners LP, Cygnus Property Fund V, LLC, Roderick Newton, II, Richard Burns, Cygnus Opportunity Fund, LLC, Cygnus General Partners, LLC, Cygnus General Partners LLC, Cygnus Property Fund IV LLC, Cygnus Capital Real Estate Advisors II LLC, William Miller, Jr, Cygnus Capital Advisors LLC, ThornTree Capital Partners LP, Cygnus Property Fund V LLC, Cygnus Opportunity Fund LLC, ThornTree Capital GP LLC, Cygnus Capital Inc and ThornTree Capital Master Fund LP |
| Brent L. Guinn |
| ADR Provider |
| 3:2021cv00125 |
| January 19, 2021 |
| US District Court for the Northern District of Texas |
| Barbara M G Lynn |
| Other Statutes: Securities/Commodities/Exchange |
| None |
Docket Report
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| Document Text |
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| Civil Case Terminated per #116 Stipulation of Dismissal. (axm) |
| Filing 116 Agreed STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) by Ashford Hospitality Trust Inc. (Stockham, Michael) |
| Filing 115 Alternative Dispute Resolution Summary filed by Cecilia H Morgan. Attorneys in Attendance: Stephen C. Rasch, Adam Magid, Nicholas A. Gravante, Jr., John B. Lawrence, Jessica B. Pulliam, Ferdose al-Taie, Adrienne Ward, Thomas J. Fleming, Yolanda C. Garcia, Angela Zambrano, Alex J. Kaplan, Charlotte Newell, Christopher A. Davis and Sonya Dharam Reddy. Prv Fee: $ 24,895. Outcome of ADR: Settled as a result of ADR. (Morgan, Cecilia) |
Filing 114
ELECTRONIC ORDER terminating #99 Motion to Expedite in view of #113 the parties' stipulation of postponement. (Ordered by Magistrate Judge Rebecca Rutherford on 3/3/2021) (Magistrate Judge Rebecca Rutherford)
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Filing 113
STIPULATION AND AGREED ORDER OF POSTPONEMENT OF ALL PENDING DISCOVERY, HEARING, PRE-TRIAL OR TRIAL DEADLINES IMPOSED BY ORDER OF THE COURT OR OTHERWISE APPLICABLE AND INTERVENTION OF THE CHARITABLE TRUSTEE FOR A LIMITED PURPOSE. (Ordered by Chief Judge Barbara M. G. Lynn on 3/3/2021) (ykp)
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| Filing 112 STIPULATION and Proposed Order of Postponement of All Pending Discovery, Hearing, Pre-Trial or Trial Deadlines Imposed by Order of the Court or Otherwise Applicable and Intervention of the Charitable Trustee for a Limited Purpose by Ashford Hospitality Trust Inc. (Stockham, Michael) |
| Filing 111 STIPULATION Regarding Stock Sales of Cygnus Defendants by Ashford Hospitality Trust Inc. (Stockham, Michael) |
| Filing 110 MOTION for Leave to File Brief in Excess of 10 Pages filed by Ashford Hospitality Trust Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Stockham, Michael) |
| Filing 109 REPLY filed by Ashford Hospitality Trust Inc re: #6 MOTION for Injunction , #52 MOTION for Temporary Restraining Order and Preliminary Injunction. (Stockham, Michael) |
| Filing 108 Notice of Filing of Official Electronic Transcript of Emergency Hearing Proceedings held on 02.25.21 before Judge Rebecca Rutherford. 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. (65 pages) Redaction Request due 3/19/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/27/2021. (kaw) |
| Filing 107 NOTICE of Letter to the Court re: #101 Order filed by Ashford Hospitality Trust Inc (Stockham, Michael) |
| Filing 106 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Status Conference held on 2/25/2021. Matter taken under advisement. Attorney Appearances: Plaintiff - Nicholas A Gravante, Jr, Karen C Dyer, Jack Stern; Intervenor Plaintiff- Jessica B Pulliam; Defense - Ferdose al-Taie, Adrienne M Ward, Yolanda Cornejo Garcia, Alex J Kaplan, Charlotte K Newell Chris A Davis, Sonya Dharam Reddy. (Court Reporter: Kelli Ann Willis) (No exhibits) Time in Court - 1:17. (mcrd) |
| Filing 105 NOTICE of Letter in Support of Defendants' Motion to Vacate Expedited Proceedings filed by Rebecca Harvey (Davis, Chris) |
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Filing 104
ELECTRONIC Order: Thorntree's Expedited Motion for Status Conference (Doc. No. 99) is hereby referred to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M. G. Lynn on 2/25/2021) (chmb)
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| Filing 103 Joinder Brief in Support filed by Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, William Miller, Jr, Roderick Newton, II, Christopher Swann re: #99 Expedited MOTION for Status Conference and to Vacate Expedited Proceedings. (Attachments: #1 Exhibit(s) Counsel Email Chain) (al-Taie, Ferdose) Modified text on 2/25/2021 (mjr). |
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Filing 102
ORDER: This case is SET for mediation via Zoom on Friday, 2/26/2021, at 9:30 a.m. CT before Cecilia Morgan. Counsel for Plaintiff, the Cygnus Defendants and the Individual Defendants, the ThornTree Defendants, and Harvey should separately contact and speak to Ms. Morgan at 214-850-6433 tomorrow, 2/25/2021, between 1:00 p.m. CT and 3:00 p.m. CT to discuss logistics. Fees for the mediation are to be divided and borne equally by the parties, shall be paid by the parties directly to the Mediator, and shall be taxed as costs. (Ordered by Chief Judge Barbara M. G. Lynn on 2/24/2021) (ctf)
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| Filing 101 Letter to Counsel to Confer and Report. (Signed by Chief Judge Barbara M. G. Lynn on 2/24/2021) (ctf) |
| Filing 100 Brief/Memorandum in Support filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re: #99 Expedited MOTION for Status Conference and to Vacate Expedited Proceedings. (Garcia, Yolanda) Modified text on 2/25/2021 (mjr). |
| Filing 99 Expedited MOTION for Status Conference and to Vacate Expedited Proceedings filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP. (Attachments: #1 Proposed Order) (Garcia, Yolanda) Modified text on 2/25/2021 (mjr). |
| Filing 98 NOTICE of Letter to the Court Responding to Notice of Proxy Challenge Withdrawal re: #96 Notice (Other), filed by Ashford Hospitality Trust Inc (Stockham, Michael) |
| Filing 97 MOTION to Clarify Deadline to Respond to Motion to Dismiss by Rebecca Harvey filed by Ashford Hospitality Trust Inc. (Attachments: #1 Proposed Order) (Stockham, Michael) |
| Filing 96 NOTICE of Proxy Challenge Withdrawal filed by Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (al-Taie, Ferdose) |
| Filing 95 Appendix in Support filed by Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Christopher Swann re: #94 Renewed MOTION to Dismiss. (al-Taie, Ferdose) |
| Filing 94 Renewed MOTION to Dismiss filed by Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Christopher Swann with Brief/Memorandum in Support. (al-Taie, Ferdose) |
| Filing 93 Brief/Memorandum in Support filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re: #92 MOTION to Dismiss Amended Complaint. (Garcia, Yolanda) |
| Filing 92 MOTION to Dismiss Amended Complaint filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP (Attachments: #1 Proposed Order) (Garcia, Yolanda) |
| Filing 91 Renewed MOTION to Dismiss filed by Rebecca Harvey with Brief/Memorandum in Support. (Reddy, Sonya) Modified text on 2/23/2021 (mjr). |
| Filing 90 NOTICE of Letter to the Court Regarding Hearing Date of March 27, 2021 re: #88 Order filed by Ashford Hospitality Trust Inc. (Stockham, Michael) Modified text on 2/23/2021 (mjr). |
| Filing 89 Joint STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT SHANNON JOHNSON by Ashford Hospitality Trust Inc. (Stockham, Michael) |
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Filing 88
ORDER: Before the Court are Plaintiff Ashford Hospitality Trust, Inc.'s Motion for Preliminary Injunction (ECF No. #6 ), Unopposed Motion for Leave to Seal Appendix (ECF No. #17 ), Motion to Expedite Discovery (ECF No. #10 ), Unopposed Motion for Leave to File Reply Brief (ECF No. #43 ), and Motion for Temporary Restraining Order (ECF No. #52 ). Plaintiff's Unopposed Motion for Leave to Seal Appendix (ECF No. #17 ) and Unopposed Motion for Leave to File Reply Brief (ECF No. #43 ) are GRANTED. For the reasons stated below, Plaintiff's Motion to Expedite Discovery (ECF No. #10 ) is GRANTED IN PART. The Court will set a joint hearing on Plaintiffs Motion for Preliminary Injunction (ECF No. #6 ) and Motion for Temporary Restraining Order (ECF No. #52 ) after the parties provide their preferred date, as directed below (in the order). (Ordered by Chief Judge Barbara M. G. Lynn on 2/18/2021) (ndt)
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| Filing 87 NOTICE of Letter to the Court filed by Brent L. Guinn (Pulliam, Jessica) |
| Filing 86 RESPONSE filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re: #85 MOTION for Leave to File Supplement to the Record in Support of Ashford Hospitality Trust's Motion for Expedited Discovery and Expedited Briefing Schedule. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Kaplan, Alex) |
| Filing 85 MOTION for Leave to File Supplement to the Record in Support of Ashford Hospitality Trust's Motion for Expedited Discovery and Expedited Briefing Schedule filed by Ashford Hospitality Trust Inc with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) of Michael Stockham in Support, #2 Proposed Order) (Stockham, Michael) |
| Filing 84 NOTICE of Evidence of Potential Inaccuracy in Sworn Declaration from Rebecca Harvey filed by Ashford Hospitality Trust Inc (Stockham, Michael) |
| Filing 83 NOTICE of Letter to Court and Counsel filed by Ashford Hospitality Trust Inc re: #82 Amended Complaint (Attachments: #1 Exhibit(s) Redline of Amended Complaint (ECF 82)) (Stockham, Michael) |
| Filing 82 AMENDED COMPLAINT against All Defendants filed by Ashford Hospitality 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. (Attachments: #1 Exhibit(s) AHT Charter, #2 Exhibit(s) AHT Bylaws, #3 Redline of First Amended Complaint) (Stockham, Michael) |
| Filing 81 RESPONSE filed by Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Christopher Swann re: #52 MOTION for Temporary Restraining Order and Preliminary Injunction (al-Taie, Ferdose) |
| Filing 80 Appendix in Support filed by Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann re #78 Response/Objection, (al-Taie, Ferdose) |
| Filing 79 NOTICE of Declaration of Christopher Swann in Opposition to Motion for Preliminary Injunction re: #78 Response/Objection, filed by Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann (al-Taie, Ferdose) |
| Filing 78 RESPONSE filed by Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann re: #6 MOTION for Injunction (al-Taie, Ferdose) |
| Filing 77 NOTICE of Further Supplemental Declaration of Gregory Koskinas re: #62 Response/Objection filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP (Garcia, Yolanda) |
| Filing 76 Appendix in Support filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re #75 Response/Objection (Garcia, Yolanda) |
| Filing 75 RESPONSE filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re: #6 MOTION for Injunction (Garcia, Yolanda) |
| Filing 74 RESPONSE AND OBJECTION filed by Rebecca Harvey re: #6 MOTION for Injunction , #52 MOTION for Temporary Restraining Order and Preliminary Injunction (Davis, Chris) |
| Filing 73 STIPULATION Regarding Cygnus Individual Defendants by Richard Burns, Shannon Johnson, William Miller, Jr, Roderick Newton, II. (al-Taie, Ferdose) |
| Filing 72 NOTICE of Filing of Declaration of Rebecca Harvey filed by Rebecca Harvey re: 69 Status Conference. (Attachments: #1 Exhibit(s)) (Reddy, Sonya) |
| Filing 71 Joint STIPULATION Regarding Stock Sales of Cygnus Defendants by Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Christopher Swann. (al-Taie, Ferdose) |
| Filing 70 Supplemental Declaration of Gregory Koskinas filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re: #62 Response/Objection. (Garcia, Yolanda) Modified text on 2/12/2021 (axm). |
| Filing 68 NOTICE of Attorney Appearance by Thomas J Fleming on behalf of Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann. (Filer confirms contact info in ECF is current.) (Fleming, Thomas) |
| Filing 67 NOTICE of Attorney Appearance by Adrienne M Ward on behalf of Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann. (Filer confirms contact info in ECF is current.) (Ward, Adrienne) |
| Filing 66 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on February 10, 2021 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. 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. (29 pages) Redaction Request due 3/4/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/12/2021. (dak) (Main Document 66 replaced on 2/11/2021) (ali). |
| Filing 69 ELECTRONIC Minute Entry for proceedings held on February 10, 2021 before Chief Judge Barbara M. G. Lynn: Video status conference. Attorney Appearances: Plaintiff - Karen Dyer, Nicholas Gravante, Jr., Stephen Rasch, and Michael Stockham; Intervenor Plaintiff - John Lawrence and Jessica Pulliam; Defendants - Ferdose al-Taie, Adrienne Ward, Thomas Fleming, Yolanda Garcia, David Sillers, Charlotte Newell, Alex Kaplan, Chris Davis, and Russell Jumper. (Court Reporter: Deborah Kriegshauser). Time in Court-:40. (chmb) |
| Filing 65 REPLY filed by Ashford Hospitality Trust Inc re: #52 MOTION for Temporary Restraining Order and Preliminary Injunction (Stockham, Michael) |
| Filing 64 SUMMONS Returned Executed as to Cygnus Capital Inc ; served on 2/8/2021. (Rasch, Stephen) |
| Filing 63 Appendix in Support filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re #62 Response/Objection (Garcia, Yolanda) |
| Filing 62 RESPONSE filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re: #52 MOTION for Temporary Restraining Order and Preliminary Injunction (Garcia, Yolanda) |
| Filing 61 ADDITIONAL ATTACHMENTS to #52 Motion for TRO by Plaintiff Ashford Hospitality Trust Inc. (Stockham, Michael) |
| Filing 60 SUMMONS Returned Executed as to William Miller, Jr; served on 1/27/2021. (Rasch, Stephen) |
| Filing 59 SUMMONS Returned Executed as to Shannon Johnson; served on 1/27/2021. (Rasch, Stephen) Modified text on 2/10/2021 (jmg). |
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Filing 58
ELECTRONIC ORDER granting #55 Application for Admission Pro Hac Vice of Karen C. Dyer. 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 Chief Judge Barbara M. G. Lynn on 2/9/2021) (chmb)
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| Filing 57 SUMMONS Returned Executed as to Christopher Swann; served on 2/1/2021. (Rasch, Stephen) |
| Filing 56 SUMMONS Returned Executed as to Cygnus Capital Real Estate Advisors II, LLC; served on 1/27/2021. (Rasch, Stephen) Modified text on 2/10/2021 (jmg). |
| Filing 55 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Karen C. Dyer (Filing fee $100; Receipt number 0539-11591480) filed by Ashford Hospitality Trust Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Stockham, Michael) |
| Filing 54 ADDITIONAL ATTACHMENTS to #50 Motion to Intervene, by Intervenor Plaintiff Brent L. Guinn. (Pulliam, Jessica) |
| Filing 53 Appendix in Support filed by Ashford Hospitality Trust Inc re #52 MOTION for Temporary Restraining Order (Stockham, Michael) |
| Filing 52 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Ashford Hospitality Trust Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Stockham, Michael) |
| Filing 51 NOTICE of Attorney Appearance by John Benjamin Lawrence on behalf of Brent L. Guinn. (Filer confirms contact info in ECF is current.) (Lawrence, John) |
| Filing 50 MOTION to Intervene filed by Brent L. Guinn. (Attachments: #1 Exhibit(s) A). Party Brent l. Guinn, in his capacity as Trustee of the AHT Excess Ownership Charitable Trust added.Attorney Jessica B Pulliam added to party Brent L. Guinn(pty:intvp) (Pulliam, Jessica) Modified text on 2/8/2021 (mjr). |
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Filing 49
ELECTRONIC ORDER granting #44 , #45 Applications for Admission Pro Hac Vice of Nicholas A. Gravante, Jr. and Adam K. Magid. 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 Chief Judge Barbara M. G. Lynn on 2/8/2021) (chmb)
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Filing 48
ELECTRONIC ORDER granting #33 , #34 Applications for Admission Pro Hac Vice of Alex J. Kaplan and Charlotte K. Newell. 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 Chief Judge Barbara M. G. Lynn on 2/8/2021) (chmb)
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Filing 47
ELECTRONIC ORDER granting #15 , #16 Applications for Admission Pro Hac Vice of Adrienne M. Ward and Thomas J. Fleming. 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 Chief Judge Barbara M. G. Lynn on 2/8/2021) (chmb)
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| Filing 46 NOTICE of Letter to Court and Counsel re: #35 Additional Attachments to Main Document, #31 Response/Objection filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP (Garcia, Yolanda) |
| Filing 45 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adam K. Magid (Filing fee $100; Receipt number 0539-11582813) filed by Ashford Hospitality Trust Inc (Rasch, Stephen) |
| Filing 44 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nicholas A. Gravante, Jr. (Filing fee $100; Receipt number 0539-11582781) filed by Ashford Hospitality Trust Inc (Rasch, Stephen) |
| Filing 43 Unopposed MOTION for Leave to File Reply Brief with Five Additional Pages filed by Ashford Hospitality Trust Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Stockham, Michael) |
| Filing 42 REPLY filed by Ashford Hospitality Trust Inc re: #10 MOTION to Expedite Discovery and Expedited Briefing Schedule and Brief in Support Thereof (Stockham, Michael) |
| Filing 41 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard Burns, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann. (al-Taie, Ferdose) |
| Filing 40 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC. (al-Taie, Ferdose) |
| Filing 39 SUMMONS Returned Executed as to ThornTree Capital Master Fund LP; served on 1/26/2021. (mjr) |
| Filing 38 SUMMONS Returned Executed as to Cygnus Capital Real Estate Advisors II LLC, served on 1/27/2021; Shannon Johnson, served on 1/27/2021. (mjr) |
| Filing 37 SUMMONS Returned Executed as to Roderick Newton, II; served on 1/21/2021. (mjr) |
| Filing 36 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rebecca Harvey. (Davis, Chris) |
| Filing 35 ADDITIONAL ATTACHMENTS to #31 Response/Objection by Defendants ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP. (Garcia, Yolanda) |
| Filing 34 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Charlotte K. Newell (Filing fee $100; Receipt number 0539-11573804) filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP (Garcia, Yolanda) |
| Filing 33 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Alex J. Kaplan (Filing fee $100; Receipt number 0539-11573802) filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP. (Garcia, Yolanda) |
| Filing 32 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP. (Garcia, Yolanda) |
| Filing 31 RESPONSE filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re: #10 MOTION to Expedite Discovery and Expedited Briefing Schedule and Brief in Support Thereof (Garcia, Yolanda) |
| Filing 30 Brief/Memorandum in Support filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP re #29 Motion to Dismiss for Failure to State a Claim (Garcia, Yolanda) |
| Filing 29 Motion to Dismiss for Failure to State a Claim filed by ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP with Brief/Memorandum in Support. ***PLEASE DISREGARD (29-1 Declaration) PER ATTORNEY INCORRECTLY FILED*** (Attachments: #1 Declaration(s) Decl of Yolanda Garcia, #2 Proposed Order) (Garcia, Yolanda) Modified on 2/3/2021 (ndt). |
| Filing 28 Appendix in Support filed by Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann re #27 Response/Objection, (al-Taie, Ferdose) |
| Filing 27 RESPONSE filed by Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann re: #10 MOTION to Expedite Discovery and Expedited Briefing Schedule and Brief in Support Thereof (al-Taie, Ferdose) |
| Filing 26 Appendix in Support filed by Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Christopher Swann re #25 MOTION to Dismiss Plaintiff's First, Second and Third Claims for Relief (al-Taie, Ferdose) |
| Filing 25 MOTION to Dismiss Plaintiff's First, Second and Third Claims for Relief filed by Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Christopher Swann with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (al-Taie, Ferdose) |
| Filing 24 RESPONSE filed by Rebecca Harvey re: #10 MOTION to Expedite Discovery and Expedited Briefing Schedule and Brief in Support Thereof (Attachments: #1 Proposed Order) (Davis, Chris) |
| Filing 23 Appendix in Support filed by Rebecca Harvey re #22 Brief/Memorandum in Support. (Davis, Chris) Modified text and linkage on 2/3/2021 (jmg). |
| Filing 22 Brief/Memorandum in Support filed by Rebecca Harvey re #21 MOTION to Dismiss (Davis, Chris) |
| Filing 21 MOTION to Dismiss filed by Rebecca Harvey (Attachments: #1 Proposed Order) (Davis, Chris) |
| Filing 20 NOTICE of Attorney Appearance by Sonya Dharam Reddy on behalf of Rebecca Harvey. (Filer confirms contact info in ECF is current.) (Reddy, Sonya) |
| Filing 19 NOTICE of Attorney Appearance by Russell E Jumper on behalf of Rebecca Harvey. (Filer confirms contact info in ECF is current.) (Jumper, Russell) |
| Filing 18 NOTICE of Attorney Appearance by Chris A Davis on behalf of Rebecca Harvey. (Filer confirms contact info in ECF is current.) (Davis, Chris) |
| Filing 17 MOTION Leave to Seal re #8 Appendix in Support filed by Ashford Hospitality Trust Inc. (Attachments: #1 Proposed Order) (Stockham, Michael) |
| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Thomas J. Fleming (Filing fee $100; Receipt number 0539-11571323) filed by Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann (Attachments: #1 Exhibit(s), #2 Proposed Order) (al-Taie, Ferdose) |
| Filing 15 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adrienne M. Ward (Filing fee $100; Receipt number 0539-11571221) filed by Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann (Attachments: #1 Exhibit(s), #2 Proposed Order) (al-Taie, Ferdose) |
| Filing 14 NOTICE of Attorney Appearance by Ferdose al-Taie on behalf of Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann. (Filer confirms contact info in ECF is current.) (al-Taie, Ferdose) |
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Filing 13
ORDER: Before the Court is Plaintiff's #10 Motion for Expedited Discovery and Expedited Briefing Schedule. By 2/2/2021, Defendants shall respond to Plaintiff's Motion. By 2/4/2021, Plaintiff shall file its Reply. (Ordered by Chief Judge Barbara M. G. Lynn on 1/27/2021) (twd)
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| Filing 12 SUMMONS Returned Executed as to Rebecca Harvey; served on 1/21/2021. (mjr) |
| Filing 11 SUMMONS Returned Executed as to Cygnus Capital Advisors LLC; served on 1/22/2021; Cygnus General Partners LLC; served on 1/22/2021; Cygnus Opportunity Fund LLC; served on 1/22/2021; Cygnus Property Fund IV LLC; served on 1/22/2021; Cygnus Property Fund V LLC; served on 1/22/2021; ThornTree Capital GP LLC; served on 1/22/2021; ThornTree Capital Partners LP; served on 1/22/2021. (mjr) |
| Filing 10 MOTION to Expedite Discovery and Expedited Briefing Schedule and Brief in Support Thereof filed by Ashford Hospitality Trust Inc (Attachments: #1 Exhibit(s), #2 Proposed Order, #3 Proposed Order) (Rasch, Stephen) |
| Filing 9 Appendix in Support filed by Ashford Hospitality Trust Inc re #7 Brief/Memorandum in Support of Motion (REDACTED) (Stockham, Michael) |
| Filing 8 (Document Restricted) Appendix in Support filed by Ashford Hospitality Trust Inc re #7 Brief/Memorandum in Support of Motion. (Stockham, Michael) Modified security per attorney on 1/22/2021; motion to seal follow (ndt). |
| Filing 7 Brief/Memorandum in Support filed by Ashford Hospitality Trust Inc re #6 MOTION for Preliminary Injunction (Attachments: #1 Proposed Order) (Stockham, Michael) |
| Filing 6 MOTION for Preliminary Injunction filed by Ashford Hospitality Trust Inc (Stockham, Michael) |
| Filing 5 Summons Issued as to Richard Burns, Cygnus Capital Advisors LLC, Cygnus Capital Inc, Cygnus Capital Real Estate Advisors II LLC, Cygnus General Partners LLC, Cygnus Opportunity Fund LLC, Cygnus Property Fund IV LLC, Cygnus Property Fund V LLC, Rebecca Harvey, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann, ThornTree Capital GP LLC, ThornTree Capital Master Fund LP, ThornTree Capital Partners LP. (ndt) |
| Filing 4 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ashford Hospitality Trust Inc. (Rasch, Stephen) |
| Filing 2 Civil Cover Sheet to #1 Complaint by Plaintiff Ashford Hospitality Trust Inc. (Rasch, Stephen) Modified text on 1/20/2021 (ndt). |
| Filing 1 COMPLAINT against Richard Burns, Cygnus Capital Advisors, LLC, Cygnus Capital Real Estate Advisors II, LLC, Cygnus Capital, Inc., Cygnus General Partners, LLC, Cygnus Opportunity Fund, LLC, Cygnus Property Fund IV, LLC, Cygnus Property Fund V, LLC, Rebecca Harvey, Shannon Johnson, William Miller, Jr, Roderick Newton, II, Christopher Swann, ThornTree Capital GP LLC, ThornTree Capital Master Fund, LP, ThornTree Capital Partners LP filed by Ashford Hospitality Trust Inc. (Filing fee $402; Receipt number 0539-11528734) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 Exhibit(s) 1, #2 Exhibit(s) 2) (Rasch, Stephen) Modified on 1/20/2021 (ndt). |
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