Farrell et al v. New Millennium Concepts, LTD
| Tara Farrell, Henly Velarde and Douglas Wells |
| New Millenium Concepts LTD |
| 3:2022cv00728 |
| March 30, 2022 |
| U.S. District Court for the Northern District of Texas |
| Dallas Office |
| Barbara M G Lynn |
| Torts/Pers Prop: Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2022. A more recent docket listing may be available from PACER.
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Filing 53
SCHEDULING ORDER: Deadline for Defendant to refile Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim due by 4/21/2022. Responses due by 5/26/2022. Replies due by 6/23/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 5/17/2022) (mla)
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| Filing 52 RESPONSE filed by Tara Farrell, Henly Velarde, Douglas Wells re: #50 Motion to Dismiss for Failure to State a Claim (Bruce, Katherine) |
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Filing 51
ELECTRONIC ORDER granting #46 , #47 , and #48 Applications for Admission Pro Hac Vice of Katherine Bruce, Kelsey Elling, and Ryan Clarkson. 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 4/25/2022) (chmb)
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| Filing 50 Motion to Dismiss for Failure to State a Claim filed by New Millenium Concepts LTD with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Breaux, Ronald) |
| Filing 49 Joint STATUS REPORT Regarding Contents of Scheduling Order filed by New Millenium Concepts LTD. (Breaux, Ronald) |
| Filing 48 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12766600) filed by Tara Farrell, Henly Velarde, Douglas Wells (Attachments: #1 Certificate of Good Standing from the California State Bar, #2 Proposed Order) (Clarkson, Ryan) |
| Filing 47 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12766526) filed by Tara Farrell, Henly Velarde, Douglas Wells (Attachments: #1 Certificate of Good Standing from the California State Bar, #2 Proposed Order) (Elling, Kelsey) |
| Filing 46 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12766494) filed by Tara Farrell, Henly Velarde, Douglas Wells (Attachments: #1 Certificate of Good Standing from the California State Bar, #2 Proposed Order) (Bruce, Katherine) |
| Filing 45 NOTICE of Attorney Appearance by Kenneth Peter Trosclair on behalf of Tara Farrell. (Filer confirms contact info in ECF is current.) (Trosclair, Kenneth) |
| Filing 44 NOTICE of Attorney Appearance by Michael Singley on behalf of Tara Farrell, Henly Velarde, Douglas Wells. (Filer confirms contact info in ECF is current.) (Singley, Michael) |
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Filing 43
ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside or maintain the attorney's principal office in this district. "Local counsel" means a member of the bar of this court who resides or maintains the attorney's principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the division in which the case is pending. Accordingly, within seven (7) days of the date of this Order, Plaintiffs Tara Farrell et al. shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a) or, pursuant to Local Rule 83.10(a), a motion for leave to proceed without local counsel. (Ordered by Chief Judge Barbara M. G. Lynn on 3/31/2022) (ndt)
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Filing 42
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Proposed Scheduling Order due by 4/21/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 3/31/2022) (ndt)
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| Filing 41 New Case Notes: A filing fee is not due for this case. 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. (ndt) |
| Filing 40 Case electronically transferred in from District of California Eastern; Case Number 2:21-cv-01691. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 39
ORDER signed by District Judge John A. Mendez on 3/29/2022 GRANTING #12 Motion to Change Venue; DENYING AS MOOT #11 & #13 Motions to Dismiss; and TRANSFERRING CASE to the Northern District of Texas. CASE CLOSED. (Coll, A) [Transferred from California Eastern on 3/30/2022.]
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Filing 38
ORDER signed by District Judge John A. Mendez on 1/26/2022 GRANTING #34 Application for Pro Hac Vice. Added attorney Benjamin G. Goodman, PHV for New Millennium Concepts, LTD. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Coll, A) [Transferred from California Eastern on 3/30/2022.]
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Filing 37
ORDER signed by District Judge John A. Mendez on 1/26/2022 GRANTING #33 Application for Pro Hac Vice. Added attorney Benjamin B. Breckler, PHV for New Millennium Concepts, LTD. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Coll, A) [Transferred from California Eastern on 3/30/2022.]
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Filing 36
ORDER signed by District Judge John A. Mendez on 1/26/2022 GRANTING #32 Application for Pro Hac Vice. Added attorney Ronald W. Breaux, PHV for New Millennium Concepts, LTD. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Coll, A) [Transferred from California Eastern on 3/30/2022.]
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| Filing 35 NOTICE of Withdrawal of Counsel by New Millennium Concepts, LTD. (Jacobs, Michelle) Modified on 1/27/2022 (Kaminski, H). [Transferred from California Eastern on 3/30/2022.] |
| Filing 34 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by New Millennium Concepts, LTD for attorney Benjamin G. Goodman to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10043870) (Attachments: #1 Certificate of Good Standing)(Erickson, Mark) [Transferred from California Eastern on 3/30/2022.] |
| Filing 33 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by New Millennium Concepts, LTD for attorney Benjamin B. Breckler to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10043849) (Attachments: #1 Certificate of Good Standing)(Erickson, Mark) [Transferred from California Eastern on 3/30/2022.] |
| Filing 32 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by New Millennium Concepts, LTD for attorney Ronald W. Breaux to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10043828) (Attachments: #1 Certificate of Good Standing)(Erickson, Mark) [Transferred from California Eastern on 3/30/2022.] |
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Filing 31
STIPULATION AND ORDER signed by District Judge John A. Mendez on 1/20/2022 ORDERING that i. Plaintiffs' Exhibit 7, filed with Plaintiffs' notice of errata on 1/18/2022 #23 , will be considered by the Court as though it were timely filed on 1/11/2022, in connection with Plaintiffs' oppositions to Defendant New Millennium Concepts, Ltd.'s Rule 12(b)(2) Motion and Motion to Transfer Venue [11-12] (motions), [18-21] (oppositions)); ii. The current briefing schedule in connection with Defendant's Rule 12(b)(6) Motion and Motion to Transfer Venue #11 -12) remain unaltered, unless further notified by the Court; and iii. The relief will avoid any undue prejudice to any party, conserve judicial and party resources, and serve the ends of justice. (Mena-Sanchez, L) [Transferred from California Eastern on 3/30/2022.]
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| Filing 30 STIPULATION and PROPOSED ORDER for Plaintiffs' Ex Parte Motion re: Inadvertently Omitted Exhibit 7 in Support of Plaintiffs' Oppositions to Defendant's Rule 12(b)(2) Motion and Motion to Transfer Venue re #27 MOTION relief from omitted Exhibit and extended/continued dates re #18 Opposition to Motion, #21 Opposition to Motion, #19 Opposition to Motion, #23 Notice of Errata by Tara Farrell, Henly Velarde, Douglas Wells. (Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
| Filing 29 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 1/20/2022: Plaintiffs filed an ex parte motion for relief and to extend or continue related dates. See ECF No. #27 . Defendant shall file its response by noon on Friday, January 21, 2022. This motion will be decided on the papers. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) [Transferred from California Eastern on 3/30/2022.] |
| Filing 28 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 1/20/2022: The motions now calendared for 1/25/2022 are SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motions is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) [Transferred from California Eastern on 3/30/2022.] |
| Filing 27 MOTION for relief from omitted Exhibit 7 and extended/continued dates re #18 Opposition to Motion, #21 Opposition to Motion, #19 Opposition to Motion, #23 Notice of Errata by Tara Farrell, Henly Velarde, Douglas Wells. (Attachments: #1 Declaration of Katherine A. Bruce, #2 Exhibit A, #3 Proposed Order)(Bruce, Katherine) Modified on 1/21/2022 (Reader, L). [Transferred from California Eastern on 3/30/2022.] |
| Filing 26 REPLY by New Millennium Concepts, LTD to RESPONSE to #13 Motion to Dismiss,. (Jacobs, Michelle) [Transferred from California Eastern on 3/30/2022.] |
| Filing 25 REPLY by New Millennium Concepts, LTD to RESPONSE to #12 Motion to Change Venue,. (Jacobs, Michelle) [Transferred from California Eastern on 3/30/2022.] |
| Filing 24 REPLY by New Millennium Concepts, LTD to RESPONSE to #11 Motion to Dismiss/Lack of Jurisdiction,. (Jacobs, Michelle) [Transferred from California Eastern on 3/30/2022.] |
| Filing 23 NOTICE of ERRATA by Tara Farrell, Henly Velarde, Douglas Wells re #21 Opposition to Motion, #19 Opposition to Motion,.. (Attachments: #1 Exhibit 7)(Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
| Filing 22 ACKNOWLEDGEMENT OF RECEIPT of Video Thumb Drive from plaintiffs re #20 Notice of Lodging. (Text only entry) (Coll, A) [Transferred from California Eastern on 3/30/2022.] |
| Filing 21 OPPOSITION by Tara Farrell, Henly Velarde, Douglas Wells to #11 Motion to Dismiss/Lack of Jurisdiction,. (Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
| Filing 20 NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Tara Farrell, Henly Velarde, Douglas Wells: Exhibit 3: (USB Received 1/13/2022, routed to chambers), Video "Becoming an Authorized Berkey Dealer" in support of Opposition to #12 Motion to Transfer Venue. (Bruce, Katherine) Modified on 1/13/2022 (Reader, L). [Transferred from California Eastern on 3/30/2022.] |
| Filing 19 OPPOSITION by Tara Farrell, Henly Velarde, Douglas Wells to #12 Motion to Change Venue,. (Attachments: #1 Declaration of Katherine A. Bruce, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration of Kelsey J. Elling, #8 Exhibit 6)(Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
| Filing 18 OPPOSITION by Tara Farrell, Henly Velarde, Douglas Wells to #11 Motion to Dismiss/Lack of Jurisdiction,. (Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
| Filing 17 OPPOSITION by Tara Farrell, Henly Velarde, Douglas Wells to #13 Motion to Dismiss,. (Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
| Filing 16 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 11/29/2021: The parties are ORDERED to file an updated Joint Status Report pursuant to the provisions of F.R.Cv.P. 16 and 26, in accordance with Local Rule 240 and the Court's Order Requiring Service of Process and Joint Status Report, within thirty (30) days of the Court's ruling on Defendant's pending #11 , #13 Motions to Dismiss and #12 Motion to Change Venue. [TEXT ENTRY ONLY] (Michel, G.) [Transferred from California Eastern on 3/30/2022.] |
| Filing 15 JOINT STATUS REPORT by Tara Farrell, Henly Velarde, Douglas Wells. (Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Defendant New Millennium Concepts, LTD. (Jacobs, Michelle) [Transferred from California Eastern on 3/30/2022.] |
| Filing 13 MOTION to DISMISS by New Millennium Concepts, LTD. Motion Hearing SET for 1/25/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Proposed Order)(Jacobs, Michelle) Modified on 11/17/2021 (Mena-Sanchez, L). [Transferred from California Eastern on 3/30/2022.] |
| Filing 12 MOTION to CHANGE VENUE by New Millennium Concepts, LTD. Motion Hearing SET for 1/25/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Proposed Order)(Jacobs, Michelle) Modified on 11/17/2021 (Mena-Sanchez, L). [Transferred from California Eastern on 3/30/2022.] |
| Filing 11 MOTION to DISMISS for LACK of JURISDICTION by New Millennium Concepts, LTD. Motion Hearing SET for 1/25/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Proposed Order)(Jacobs, Michelle) Modified on 11/17/2021 (Mena-Sanchez, L). [Transferred from California Eastern on 3/30/2022.] |
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Filing 10
ORDER signed by District Judge John A. Mendez on 11/04/2021 GRANTING #8 Application for Pro Hac Vice. Added attorney Michelle C. Jacobs, PHV for New Millennium Concepts, LTD. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Rodriguez, E) [Transferred from California Eastern on 3/30/2022.]
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| Filing 9 CERTIFICATE OF GOOD STANDING re #8 Pro Hac Vice Application and Proposed Order by New Millennium Concepts, LTD. (Erickson, Mark) Modified on 11/4/2021 (Michel, G.). [Transferred from California Eastern on 3/30/2022.] |
| Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by New Millennium Concepts, LTD for attorney Michelle C. Jacobs to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-9912208) (Erickson, Mark) [Transferred from California Eastern on 3/30/2022.] |
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Filing 7
ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 11/2/2021 SUBSTITUTING Mark David Erickson for New Millennium Concepts, LTD in place of attorney Richard Thaddeus Behrens. (Huang, H) [Transferred from California Eastern on 3/30/2022.]
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| Filing 6 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by New Millennium Concepts, LTD. (Erickson, Mark) [Transferred from California Eastern on 3/30/2022.] |
| Filing 5 STIPULATION FOR EXTENSION OF TIME to respond to the #1 Complaint by New Millennium Concepts, LTD. Attorney Behrens, Richard Thaddeus ADDED. (Behrens, Richard) [Transferred from California Eastern on 3/30/2022.] |
| Filing 4 SUMMONS RETURNED EXECUTED: New Millennium Concepts, LTD served on 9/23/2021, answer due 10/14/2021. (Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Huang, H) [Transferred from California Eastern on 3/30/2022.] |
| Filing 2 SUMMONS ISSUED as to *New Millennium Concepts, LTD* with answer to complaint due within *21* days. Attorney *Katherine A. Bruce* *Clarkson Law Firm* *22525 Pacific Coast Highway* *Malibu, CA 90265*. (Huang, H) [Transferred from California Eastern on 3/30/2022.] |
| Filing 1 COMPLAINT against New Millennium Concepts, LTD by Tara Farrell, Henly Velarde, Douglas Wells. (Filing fee $ 402, receipt number ACAEDC-9823341) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil Cover Sheet)(Bruce, Katherine) [Transferred from California Eastern on 3/30/2022.] |
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