Cruz et al v. Resolute Capital Partners LTD LLC et al
Plaintiff: Paul D Cruz, Ariel Kumpinsky, Heather Smith, Bryant Smith, Rohit Khanolkar, Sharon Gardner, Arlen Leiner and Lisa Leiner
Defendant: Resolute Capital Partners LTD LLC, Homebound Financial Group LP, HomeBound Resources LLC, Legacy Energy LLC, Choice Energy Holdings LLC, PetroRock Mineral Holdings LLC, Mercury Operating LLC, Minerva Resources LLC, 2X5 Enterprises LP, The 2X5 LLC, Cronus Mineral Holdings, Wealth Formula Investor Club, Prosperity Economic Partners, Foundations Investment Advisors LLC, Financial Gravity Wealth Inc, The Hidden Wealth Solution, Thomas J Powell, Stefan T Toth, Ted Etheredge, Mir Jafer Ali Joffrey, Brooke Nunes, Chris Miles, Jeff Cronin, Christopher Lynn Most, Devin Patel, Charles Oliver, Kim Butler, American Equity Advisory Group, LLC (incorrectly named as The Hidden Wealth Solution) and Financial Gravity Wealth, Inc
Case Number: 3:2022cv02349
Filed: October 19, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: Ada Brown
Nature of Suit: Contract: Stockholders' Suits
Cause of Action: 28 U.S.C. § 1332 - Diversity: Securities Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2023 Opinion or Order Filing 111 NOTICE of Dismissal filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Ariel Kumpinsky, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith (Federman, William)
March 3, 2023 Opinion or Order Filing 110 REPLY filed by HomeBound Resources LLC, Homebound Financial Group LP, Stefan T Toth re: #69 MOTION to Stay Proceedings MOTION to Compel Arbitration, #93 Response/Objection, (Cicack, Walter)
March 3, 2023 Opinion or Order Filing 109 MOTION for Leave to File a Supplemental Response and Opposition to Defendant Charles Oliver's Motion to Dismiss filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith (Attachments: #1 Exhibit(s) A - Plaintiffs' Supplemental Response, #2 Proposed Order Proposed Order) (Federman, William)
March 3, 2023 Opinion or Order Filing 108 Brief/Memorandum in Support filed by 2X5 Enterprises LP, Ted Etheredge, The 2X5 LLC re #107 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Lewis, Jason)
March 3, 2023 Opinion or Order Filing 107 Motion to Dismiss for Failure to State a Claim filed by 2X5 Enterprises LP, Ted Etheredge, The 2X5 LLC (Lewis, Jason)
March 3, 2023 Opinion or Order Filing 106 Appendix in Support filed by American Equity Advisory Group, LLC (incorrectly named as The Hidden Wealth Solution) re #105 Reply of Defendant American Equity Advisory Group, LLC (Incorrectly Named as The Hidden Wealth Solution) to Plaintiffs' Response to Motion to Dismiss (Sanders, Michael)
March 3, 2023 Opinion or Order Filing 105 REPLY filed by American Equity Advisory Group, LLC (incorrectly named as The Hidden Wealth Solution) re: #75 MOTION to Dismiss Under Fed. R. Civ. P. 9(b), 12(b)(1) and 12(b)(6) (Sanders, Michael)
March 3, 2023 Opinion or Order Filing 104 Motion for Extension of Time to File Answer filed by Foundations Investment Advisors LLC (Attachments: #1 Proposed Order) (Hammaker, Charles)
March 3, 2023 Opinion or Order Filing 103 REPLY filed by Resolute Capital Partners LTD LLC re: #66 MOTION to Dismiss or Stay and Compel Arbitration of Claims against Resolute Capital Partners and Thomas J. Powell MOTION to Stay re #1 Complaint,,,,, (Diaz, Cheryl)
March 3, 2023 Opinion or Order Party Financial Gravity Wealth Inc terminated pursuant to the Notice of Dismissal Doc. No. #111 . (chmb) Modified text on 3/6/2023 (axm).
March 2, 2023 Opinion or Order Filing 102 ORDER GRANTING DEFENDANTS KIM BUTLER AND PROSPERITY ECONOMIC PARTNERS, LLC'S #101 FOURTH UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT: It is ORDERED that Defendants Kim Butler's and Prosperity Economic Partners, LLC's deadline to respond to Plaintiffs' Class Action Complaint for Violations of Federal and State Securities Law is extended up to and including 4/3/2023. (Ordered by Judge Ada Brown on 3/2/2023) (twd)
March 1, 2023 Opinion or Order Filing 101 Unopposed MOTION to Extend Time to Respond to Plaintiffs' Complaint filed by Kim Butler, Prosperity Economic Partners (Attachments: #1 Proposed Order Granting Kim Butler and Prosperity Economic Partners, LLC's Fourth Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint) (Sanders, Jason)
February 27, 2023 Opinion or Order Filing 100 ORDER granting #98 Motion to Substitute Attorney. (Ordered by Judge Ada Brown on 2/27/2023) (ndt)
February 24, 2023 Opinion or Order Filing 99 ELECTRONIC ORDER granting #97 Application for Admission Pro Hac Vice of Brian J. Benoit. 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 Ada Brown on 2/24/2023) (chmb)
February 24, 2023 Opinion or Order Filing 98 Unopposed MOTION to Substitute Attorney, added attorney Walter J Cicack,Walter J Cicack for Stefan T Toth,Walter J Cicack for Homebound Financial Group LP,Walter J Cicack for HomeBound Resources LLC. Motion filed by Stefan T Toth, Homebound Financial Group LP, HomeBound Resources LLC (Attachments: #1 Proposed Order)Attorney Walter J Cicack added to party HomeBound Resources LLC(pty:dft), Attorney Walter J Cicack added to party Homebound Financial Group LP(pty:dft), Attorney Walter J Cicack added to party Stefan T Toth(pty:dft) (Cicack, Walter)
February 24, 2023 Opinion or Order Filing 97 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brian J. Benoit (Filing fee $100; Receipt number ATXNDC-13545135) filed by Mir Jafer Ali Joffrey, Wealth Formula Investor Club (Attachments: #1 Proposed Order)Attorney Mary M Melle added to party Wealth Formula Investor Club(pty:dft) (Melle, Mary) (Main Document 97 replaced on 2/26/2023 to flatten pdf) (axm).
February 24, 2023 Opinion or Order Filing 96 ORDER GRANTING DEFENDANTS MIR JAFER ALI JOFFREY AND WEALTH FORMULA'S #77 UNOPPOSED MOTION FOR EXTENSION: It is FURTHER ORDERED that the Defendants Mir Jafer Ali Joffrey and Wealth Formula's deadline to file an answer and/or any responsive pleadings is extended to 3/10/2023. (Ordered by Judge Ada Brown on 2/24/2023) (twd)
February 23, 2023 Opinion or Order Filing 95 RESPONSE AND OBJECTION filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith re: #75 MOTION to Dismiss Under Fed. R. Civ. P. 9(b), 12(b)(1) and 12(b)(6) (Attachments: #1 Exhibit(s) 1 - Appendix in Support) (Federman, William)
February 21, 2023 Opinion or Order Filing 94 ORDER granting #86 Motion to Extend Time to File Response/Reply. Responses due by 2/23/2023. (Ordered by Judge Ada Brown on 2/21/2023) (ndt)
February 17, 2023 Opinion or Order Filing 93 RESPONSE AND OBJECTION filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith re: #69 MOTION to Stay Proceedings MOTION to Compel Arbitration (Attachments: #1 Exhibit(s) Appendix in Support) (Federman, William)
February 17, 2023 Opinion or Order Filing 92 RESPONSE AND OBJECTION filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith re: #66 MOTION to Dismiss or Stay and Compel Arbitration of Claims against Resolute Capital Partners and Thomas J. Powell MOTION to Stay re #1 Complaint,,,,, (Attachments: #1 Exhibit(s) Appendix in Support) (Federman, William)
February 17, 2023 Opinion or Order Filing 91 Appendix in Support filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith re #90 Response/Objection (Federman, William)
February 17, 2023 Opinion or Order Filing 90 RESPONSE AND OBJECTION filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith re: #68 MOTION to Dismiss and Attached Brief in Support (Federman, William)
February 16, 2023 Opinion or Order Filing 89 ORDER granting #86 Unopposed Motion to Extend Time to Respond. Responses due by 2/23/2023. (Ordered by Judge Ada Brown on 2/16/2023) (sxf)
February 16, 2023 Opinion or Order Filing 88 ORDER granting #87 Motion for Leave to File Responses Out of Time. (The requesting party must file the document with the clerk.) Responses due by 2/17/2023. (Ordered by Judge Ada Brown on 2/16/2023) (oyh)
February 15, 2023 Opinion or Order Filing 87 Unopposed MOTION for Leave to File Responses Out of Time filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith (Attachments: #1 Proposed Order Proposed Order) (Federman, William)
February 15, 2023 Opinion or Order Filing 86 Unopposed MOTION to Extend Time to Respond to Defendant Defendant American Equity Advisory Group, LLCs (incorrectly named as the Hidden Wealth Solution)'s Motion to Dismiss(), MOTION for Extension of Time to File Response/Reply to #75 MOTION to Dismiss Under Fed. R. Civ. P. 9(b), 12(b)(1) and 12(b)(6) filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith (Attachments: #1 Proposed Order Proposed Order) (Federman, William)
February 8, 2023 Opinion or Order Filing 85 ORDER granting #84 Unopposed Motion to Set Aside Entry of Default. It is ORDERED that the #43 Entry of Default against Defendant Financial Gravity Wealth Inc is hereby STRICKEN. (Ordered by Judge Ada Brown on 2/8/2023) (sxf)
February 7, 2023 Opinion or Order Filing 84 Unopposed MOTION to Set Aside Default Defendant Financial Gravity Wealth, Inc.'s Unopposed Motion to Set Aside Entry of Default and Brief in Support filed by Financial Gravity Wealth, Inc with Brief/Memorandum in Support. (Attachments: #1 Declaration(s), #2 Proposed Order)Attorney Anthony Vecchione added to party Financial Gravity Wealth, Inc(pty:dft) (Vecchione, Anthony)
February 7, 2023 Opinion or Order Filing 83 ORDER GRANTING LEGACY ENERGY LLC'S #82 THIRD UNOPPOSED MOTION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND: It is ORDERED that Legacy Energy LLC's deadline to respond to Plaintiffs' Complaint is extended up to and including 3/17/2023. (Ordered by Judge Ada Brown on 2/7/2023) (twd)
February 6, 2023 Opinion or Order Filing 82 Third Motion for Extension of Time to File Answer (Legacy Energy, LLC's Third Unopposed Motion to Extend Time to Answer or Otherwise Respond) filed by Legacy Energy LLC (Attachments: #1 Proposed Order) (Furness, Aimee)
February 3, 2023 Opinion or Order Filing 81 NOTICE of Attorney Appearance by C Brenton Kugler for Anthony Vecchione on behalf of Financial Gravity Wealth Inc. (Kugler, C)
February 3, 2023 Opinion or Order Filing 80 NOTICE of Attorney Appearance by C Brenton Kugler on behalf of Financial Gravity Wealth Inc. (Filer confirms contact info in ECF is current.) (Kugler, C)
February 3, 2023 Opinion or Order Filing 79 ORDER GRANTING #78 UNOPPOSED MOTION OF DEFENDANTS FOUNDATIONS INVESTMENT ADVISORS, LLC AND DEVIN PATEL TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND: It is ORDERED that the deadline for Defendants Foundations Investment Advisors LLC and Devin Patel to answer or otherwise respond to Plaintiffs' Complaint is extended up to and including 3/3/2023. (Ordered by Judge Ada Brown on 2/3/2023) (twd)
February 2, 2023 Opinion or Order Filing 78 MOTION to Extend Time of time to answer or respond filed by Foundations Investment Advisors LLC (Attachments: #1 Proposed Order) (Hammaker, Charles)
February 1, 2023 Opinion or Order Filing 77 MOTION to Set Aside Default and for Extension filed by Mir Jafer Ali Joffrey (Attachments: #1 Proposed Order Granting Defendants' Unopposed Motion to Set Aside Clerk's Entry of Default and For Extension)Attorney Mary M Melle added to party Mir Jafer Ali Joffrey(pty:dft) (Melle, Mary)
January 25, 2023 Opinion or Order Filing 76 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Equity Advisory Group, LLC (incorrectly named as The Hidden Wealth Solution), The Hidden Wealth Solution. (Clerk QC note: No affiliate entered in ECF). (Sanders, Michael)
January 25, 2023 Opinion or Order Filing 75 MOTION to Dismiss Under Fed. R. Civ. P. 9(b), 12(b)(1) and 12(b)(6) filed by The Hidden Wealth Solution, American Equity Advisory Group, LLC (incorrectly named as The Hidden Wealth Solution) with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting Motion to Dismiss)Attorney Michael C Sanders added to party The Hidden Wealth Solution(pty:dft), Attorney Michael C Sanders added to party American Equity Advisory Group, LLC (incorrectly named as The Hidden Wealth Solution)(pty:dft) (Sanders, Michael)
January 24, 2023 Opinion or Order Filing 74 Sur-reply filed by PetroRock Mineral Holdings LLC re: #28 MOTION to Dismiss , #29 MOTION to Dismiss (Farmer, Anthony)
January 24, 2023 Opinion or Order Filing 73 Sur-reply filed by Mercury Operating LLC re: #28 MOTION to Dismiss , #29 MOTION to Dismiss (Farmer, Anthony)
January 24, 2023 Opinion or Order Filing 72 REPLY filed by Charles Oliver re: #26 MOTION to Dismiss Under Fed. R. Civ. P. 9(b), 12(b)(1) and 12(b)(6) (Sanders, Michael)
January 24, 2023 Opinion or Order Filing 71 SUMMONS Returned Executed as to The Hidden Wealth Solution ; served on 1/4/2023. (Federman, William)
January 23, 2023 Opinion or Order Filing 70 ELECTRONIC ORDER granting #65 Application for Admission Pro Hac Vice of Matthew R. Burton. 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 Ada Brown on 1/23/2023) (chmb)
January 20, 2023 Opinion or Order Filing 69 MOTION to Stay Proceedings (), MOTION to Compel Arbitration filed by HomeBound Resources LLC, Homebound Financial Group LP, Stefan T Toth with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix, #2 Proposed Order) (Oldham, Michael)
January 20, 2023 Opinion or Order Filing 68 MOTION to Dismiss and Attached Brief in Support filed by HomeBound Resources LLC, Homebound Financial Group LP, Stefan T Toth with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Certificate of Interested Persons-Disclosure Statement) (Oldham, Michael)
January 20, 2023 Opinion or Order Filing 67 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Resolute Capital Partners LTD LLC. (Clerk QC note: Affiliate entry indicated). (Diaz, Cheryl)
January 20, 2023 Opinion or Order Filing 66 MOTION to Dismiss or Stay and Compel Arbitration of Claims against Resolute Capital Partners and Thomas J. Powell, MOTION to Stay re #1 Complaint () filed by Resolute Capital Partners LTD LLC with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) Appendix in Support, #2 Proposed Order Proposed Order) (Diaz, Cheryl) Modified text on 1/23/2023 (mms).
January 20, 2023 Opinion or Order Filing 65 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew R. Burton (Filing fee $100; Receipt number ATXNDC-13457493) filed by Resolute Capital Partners LTD LLC (Attachments: #1 Proposed Order Proposed Order) (Diaz, Cheryl)
January 20, 2023 Opinion or Order Filing 64 ORDER EXTENDING TIME TO RESPOND: The Court finds that the #63 Unopposed Motion for Extension of Time has merit, should be, and is GRANTED. It is therefore, ORDERED that Defendants Ted Etheredge, 2X5 Enterprises LP and The 2X5 LLC's deadline to answer or otherwise respond to Plaintiffs' Complaint is hereby extended up to and including 3/03/2023. (Ordered by Judge Ada Brown on 1/20/2023) (twd)
January 20, 2023 Opinion or Order Filing 63 Unopposed Motion for Extension of Time to File Answer filed by 2X5 Enterprises LP, Ted Etheredge, The 2X5 LLC (Attachments: #1 Proposed Order) (Hopkins, Jason)
January 18, 2023 Opinion or Order Filing 62 ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION TO STAYDEADLINE TO MOVE FOR CLASS CERTIFICATIONOR ALTERNATIVELY CONTINUE FOR 120 DAYS #61 (Ordered by Judge Ada Brown on 1/18/2023) (frw)
January 17, 2023 Opinion or Order Filing 61 Unopposed MOTION to Stay Deadline to Move for Class Certification or Alternatively Continue for 120 Days filed by Paul D Cruz (Federman, William)
January 13, 2023 Opinion or Order Filing 60 ORDER GRANTING DEFENDANTS KIM BUTLER AND PROSPERITY ECONOMIC PARTNERS, LLC'S #59 THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT: Kim Butler and Prosperity Economic Partners answers due by 3/2/2023. (Ordered by Judge Ada Brown on 1/13/2023) (oyh)
January 12, 2023 Opinion or Order Filing 59 MOTION for Extension of Time to File Response/Reply to #1 Complaint,,,,, filed by Kim Butler, Prosperity Economic Partners (Attachments: #1 Proposed Order Granting Defendants Kim Butler and Prosperity Economic Partners, LLC's Third Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint) (Sanders, Jason)
January 10, 2023 Opinion or Order Filing 58 RESPONSE AND OBJECTION filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith re: #28 MOTION to Dismiss (Federman, William)
January 10, 2023 Opinion or Order Filing 57 Appendix in Support filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith re #56 Response/Objection (Attachments: #1 Exhibit(s) Appendix) (Federman, William)
January 10, 2023 Opinion or Order Filing 56 RESPONSE AND OBJECTION filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith re: #26 MOTION to Dismiss Under Fed. R. Civ. P. 9(b), 12(b)(1) and 12(b)(6) (Federman, William)
January 4, 2023 Opinion or Order Filing 55 ORDER GRANTING #53 UNOPPOSED MOTION OF DEFENDANTS FOUNDATIONS INVESTMENT ADVISORS, LLC AND DEVIN PATEL TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND: It is ORDERED that the deadline for Defendants Foundations Investment Advisors LLC and Devin Patel to answer or otherwise respond to Plaintiffs' Complaint is extended up to and including 1/23/2023. (Ordered by Judge Ada Brown on 1/4/2023) (twd)
January 4, 2023 Opinion or Order Filing 54 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Foundations Investment Advisors LLC. (Clerk QC note: No affiliate entered in ECF). (Hammaker, Charles) (Main Document 54 replaced with flattened document on 1/5/2023) (ykp).
January 3, 2023 Opinion or Order Filing 53 MOTION to Extend Time filed by Foundations Investment Advisors LLC (Attachments: #1 Proposed Order)Attorney Charles A Hammaker, III added to party Foundations Investment Advisors LLC (pty:dft) (Hammaker, Charles)
December 27, 2022 Opinion or Order Filing 52 ORDER granting #51 Motion to Extend Time to File Response/Reply. Responses due by 1/16/2023. (Ordered by Judge Ada Brown on 12/27/2022) (ndt)
December 23, 2022 Opinion or Order Filing 51 MOTION for Extension of Time to File Response/Reply to #1 Complaint, filed by Kim Butler, Prosperity Economic Partners. (Attachments: #1 Proposed Order Proposed Order Granting Defendants Kim Butler and Prosperity Economic Partners, LLC's Second Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint) (Sanders, Jason) Modified text on 12/27/2022 (sxf).
December 23, 2022 Opinion or Order Filing 50 ORDER granting #48 Motion to Extend Time. Responses due by 1/10/2023. (Ordered by Judge Ada Brown on 12/23/2022) (ndt)
December 23, 2022 Opinion or Order Filing 49 ORDER granting #47 Motion to Extend Time. Responses due by 1/10/2023. (Ordered by Judge Ada Brown on 12/23/2022) (ndt)
December 22, 2022 Opinion or Order Filing 48 Unopposed MOTION to Extend Time to Respond to #28 Motion to Dismiss filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Proposed Order Proposed Order) (Federman, William) Modified text and linkage on 12/23/2022 (sxf).
December 22, 2022 Opinion or Order Filing 47 Unopposed MOTION to Extend Time to Respond to Defendant Charles Oliver's Motion to Dismiss filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith (Attachments: #1 Proposed Order Proposed Order) (Federman, William)
December 21, 2022 Opinion or Order Filing 46 SUMMONS Returned Executed as to Devin Patel ; served on 12/20/2022. (Federman, William)
December 21, 2022 Opinion or Order Filing 45 ORDER granting #44 Motion for Extension of Time to File Answer re #1 Complaint. 2X5 Enterprises LP answer due 1/20/2023; Ted Etheredge answer due 1/20/2023; The 2X5 LLC answer due 1/20/2023. (Ordered by Judge Ada Brown on 12/21/2022) (axm)
December 20, 2022 Opinion or Order Filing 44 Unopposed MOTION to Extend Time To Respond to Plaintiff's Complaint filed by 2X5 Enterprises LP, Ted Etheredge, The 2X5 LLC (Attachments: #1 Proposed Order)Attorney Jason M Hopkins added to party 2X5 Enterprises LP(pty:dft), Attorney Jason M Hopkins added to party Ted Etheredge(pty:dft), Attorney Jason M Hopkins added to party The 2X5 LLC (pty:dft) (Hopkins, Jason)
December 20, 2022 Opinion or Order Filing 43 ***STRICKEN PER #85 ORDER*** Clerk's ENTRY OF DEFAULT as to 2X5 Enterprises LP, Ted Etheredge, Financial Gravity Wealth Inc, Mir Jafer Ali Joffrey, The 2X5 LLC, Wealth Formula Investor Club. (oyh) Modified text on 2/8/2023 (sxf).
December 20, 2022 Opinion or Order The clerk declines to enter default as an attempt to defend was made by defendant Thomas J. Powell, Resolute Capital Partners LTD, LLC re: #42 NOTICE of Opposition to Entry of Default. (oyh) Modified text on 12/21/2022 (svc).
December 19, 2022 Opinion or Order Filing 42 NOTICE of Opposition to Entry of Default re: #38 Request for Clerk to Issue Document, #39 Request for Clerk to Issue Document, filed by Resolute Capital Partners LTD LLC (Diaz, Cheryl)
December 19, 2022 Opinion or Order Filing 41 Request for Clerk to issue Clerk's Entry of Default Wealth Formula Investor Club filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Exhibit(s) 1 - Summons Executed - Wealth Formula Investor 11-15-2022, #2 Exhibit(s) 2 - Entry Default) (Federman, William)
December 19, 2022 Opinion or Order Filing 40 Request for Clerk to issue Clerk's Entry of Default Against The 2x5, LLC filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Exhibit(s) 1 - Summons Executed - The 2x5 LLC 11-15-2022, #2 Exhibit(s) 2 - Entry Default) (Federman, William)
December 19, 2022 Opinion or Order Filing 39 Request for Clerk to issue Clerk's Entry of Default Against Resolute Capital Partners LTD, LLC filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Exhibit(s) 1 - Summons Executed Resolute (11-18-2022), #2 Exhibit(s) 2 - Entry Default) (Federman, William)
December 19, 2022 Opinion or Order Filing 38 Request for Clerk to issue Clerk's Entry of Default Thomas J. Powell filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Exhibit(s) 1 - Powell Summons Executed (11-18-2022), #2 Exhibit(s) 2 - Entry Default) (Federman, William)
December 19, 2022 Opinion or Order Filing 37 Request for Clerk to issue Clerk's Entry of Default Against Mir Jafer Ali Joffrey filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Exhibit(s) 1 - Summons Executed - Mir Jafer Ali Joffrey 11-15-2022, #2 Exhibit(s) 2 - Entry Default) (Federman, William)
December 19, 2022 Opinion or Order Filing 36 Request for Clerk to issue Clerk's Entry of Default Against Financial Gravity Wealth filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Exhibit(s) 1 - Summons Executed - Financial Gravity Wealth 11-15-2022, #2 Exhibit(s) 2 - Entry Default) (Federman, William)
December 19, 2022 Opinion or Order Filing 35 Request for Clerk to issue Clerk's Entry of Default Against Ted Etheredge filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Exhibit(s) 1 - Summons Executed - Ted Etheredge 11-15-2022, #2 Exhibit(s) 2 - Entry Default) (Federman, William)
December 19, 2022 Opinion or Order Filing 34 Request for Clerk to issue Clerk's Entry of Default Against 2x5 Enterprises, LP filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Exhibit(s) 1 - Summons Executed - 2x5 Enterprises(11-15-2022), #2 Exhibit(s) 2 - Entry Default) (Federman, William)
December 19, 2022 Opinion or Order Filing 33 ORDER GRANTING AGREED STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS STEFAN TOTH, HOMEBOUND RESOURCES, LLC, AND HOMEBOUND FINANCIAL GROUP, LP TO FILE AN ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT: The deadline for Defendants to file a responsive pleading to Plaintiffs' First Amended Complaint shall be 1/20/2023. (Ordered by Judge Ada Brown on 12/19/2022) (rekc)
December 19, 2022 Opinion or Order Filing 32 SUMMONS Returned Executed as to Foundations Investment Advisors LLC ; served on 12/13/2022. (Federman, William)
December 16, 2022 Opinion or Order Filing 31 STIPULATION REGARDING TIME FOR DEFENDANTS, STEFAN TOTH, HOMEBOUND RESOURCES, LLC, AND HOMEBOUND FINANCIAL GROUP, LP TO FILE AN ANSWER OR OTHERWISE RESPOND TO COMPLAINT by HomeBound Resources LLC, Homebound Financial Group LP, Stefan T Toth. (Attachments: #1 Proposed Order) (Oldham, Michael)
December 16, 2022 Opinion or Order Filing 30 SUMMONS Returned Executed as to Legacy Energy LLC ; served on 12/12/2022. (Federman, William)
December 12, 2022 Opinion or Order Filing 29 MOTION to Dismiss filed by Mercury Operating LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Farmer, Anthony)
December 12, 2022 Opinion or Order Filing 28 MOTION to Dismiss filed by PetroRock Mineral Holdings LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Farmer, Anthony)
December 12, 2022 Opinion or Order Filing 27 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charles Oliver. (Clerk QC note: No affiliate entered in ECF). (Sanders, Michael)
December 12, 2022 Opinion or Order Filing 26 MOTION to Dismiss Under Fed. R. Civ. P. 9(b), 12(b)(1) and 12(b)(6) filed by Charles Oliver with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting Motion to Dismiss) (Sanders, Michael)
December 8, 2022 Opinion or Order Filing 25 ORDER granting #23 Motion for Extension of Time to File Answer re #1 Complaint. It is therefore ORDERED, ADJUDGED, and DECREED that Legacy Energy, LLC's deadline to respond to Plaintiffs' Complaint is hereby extended up to and including 2/24/2023. (Ordered by Judge Ada Brown on 12/8/2022) (ykp)
December 7, 2022 Opinion or Order Filing 24 Summons Issued as to Legacy Energy LLC. (ndt)
December 7, 2022 Opinion or Order Filing 23 Second Motion for Extension of Time to File Answer filed by Legacy Energy LLC (Attachments: #1 Proposed Order) (Furness, Aimee) Modified text on 12/8/2022 (mms).
December 7, 2022 Opinion or Order Filing 22 Request for Clerk to issue Summons filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Ariel Kumpinsky, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Federman, William)
December 5, 2022 Opinion or Order Filing 21 SUMMONS Returned Executed as to Jeff Cronin ; served on 12/3/2022. (Federman, William)
December 5, 2022 Opinion or Order Filing 20 ORDER granting #13 Motion for Extension of Time to File Answer. HomeBound Resources LLC, Homebound Financial Group LP and Stefan T Toth answer due 12/12/2022. (Ordered by Judge Ada Brown on 12/5/2022) (ndt)
December 2, 2022 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to File Answer re #1 Complaint. It is ORDERED that Legacy Energy, LLCs deadline to respond to Plaintiffs' Complaint is hereby extended up to and including 12/19/2022. (Ordered by Judge Ada Brown on 12/2/2022) (ykp)
December 1, 2022 Opinion or Order Filing 18 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond filed by Legacy Energy LLC (Attachments: #1 Proposed Order)Attorney Aimee M Furness added to party Legacy Energy LLC (pty:dft) (Furness, Aimee)
November 29, 2022 Opinion or Order Filing 17 ORDER granting #14 Motion for Extension of Time to File Answer. Mercury Operating LLC, and PetroRock Mineral Holdings LLC answers due by 12/12/2023. (Ordered by Judge Ada Brown on 11/29/2022) (oyh)
November 29, 2022 Opinion or Order Filing 16 ORDER granting #11 Motion for Extension of Time to File Answer re #11 Motion for Extension of Time to File Answer, #1 Complaint. Kim Butler, Prosperity Economic Partners answer due 1/2/2023. (Ordered by Judge Ada Brown on 11/29/2022) (ykp)
November 29, 2022 Opinion or Order Filing 15 SUMMONS Returned Executed as to Chris Miles ; served on 11/23/2022. (Federman, William)
November 28, 2022 Opinion or Order Filing 14 Unopposed Motion for Extension of Time to File Answer filed by Mercury Operating LLC, PetroRock Mineral Holdings LLC (Attachments: #1 Proposed Order)Attorney Anthony Marquis Farmer added to party Mercury Operating LLC(pty:dft), Attorney Anthony Marquis Farmer added to party PetroRock Mineral Holdings LLC (pty:dft) (Farmer, Anthony)
November 28, 2022 Opinion or Order Filing 13 Agreed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by HomeBound Resources LLC, Homebound Financial Group LP, Stefan T Toth (Attachments: #1 Proposed Order)Attorney Michael K Oldham added to party HomeBound Resources LLC(pty:dft), Attorney Michael K Oldham added to party Homebound Financial Group LP(pty:dft), Attorney Michael K Oldham added to party Stefan T Toth(pty:dft) (Oldham, Michael)
November 28, 2022 Opinion or Order Filing 12 ORDER granting #10 Motion for Extension of Time to File Answer. Charles Oliver answer due 12/12/2022. (Ordered by Judge Ada Brown on 11/28/2022) (ndt)
November 28, 2022 Opinion or Order Filing 11 Unopposed MOTION to Extend Time to Respond to Plaintiff's Complaint filed by Kim Butler, Prosperity Economic Partners (Attachments: #1 Proposed Order Proposed Order Granting Defendants Kim Butler and Prosperity Economic Partners, LLC's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint)Attorney Jason L Sanders added to party Kim Butler(pty:dft), Attorney Jason L Sanders added to party Prosperity Economic Partners(pty:dft) (Sanders, Jason)
November 22, 2022 Opinion or Order Filing 10 Agreed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Charles Oliver (Attachments: #1 Proposed Order Granting Agreed Motion to Extend Time for Charles Oliver to Respond to Plaintiffs' Complaint)Attorney Michael C Sanders added to party Charles Oliver(pty:dft) (Sanders, Michael)
November 18, 2022 Opinion or Order Filing 9 SUMMONS Returned Executed as to Resolute Capital Partners LTD LLC ; served on 11/4/2022; Brooke Nunes ; served on 11/7/2022; Thomas J Powell ; served on 11/16/2022; Stefan T Toth ; served on 11/4/2022. (Attachments: #1 Additional Page(s) Brooke Nunes, #2 Additional Page(s) Thomas J. Powell, #3 Additional Page(s) Stefan T. Toth) (Federman, William)
November 17, 2022 Opinion or Order Filing 8 SUMMONS Returned Executed as to Christopher Lynn Most ; served on 11/14/2022. (Federman, William)
November 15, 2022 Opinion or Order Filing 7 SUMMONS Returned Executed as to 2X5 Enterprises LP ; served on 11/7/2022; Kim Butler ; served on 11/7/2022; Ted Etheredge ; served on 11/4/2022; Financial Gravity Wealth Inc ; served on 11/8/2022; HomeBound Resources LLC ; served on 11/7/2022; Homebound Financial Group LP ; served on 11/7/2022; Mir Jafer Ali Joffrey ; served on 11/7/2022; Mercury Operating LLC ; served on 11/7/2022; Charles Oliver ; served on 11/9/2022; PetroRock Mineral Holdings LLC ; served on 11/7/2022; Prosperity Economic Partners ; served on 11/5/2022; The 2X5 LLC ; served on 11/7/2022; Wealth Formula Investor Club ; served on 11/8/2022. (Attachments: #1 Additional Page(s) Kim Butler, #2 Additional Page(s) Ted Etheredge, #3 Additional Page(s) Financial Gravity Wealth, Inc, #4 Additional Page(s) HomeBound Resources, LLC, #5 Additional Page(s) HomeBound Financial Group, LP, #6 Additional Page(s) Mir Jafer Ali Joffrey, #7 Additional Page(s) Mercury Operating, LLC, #8 Additional Page(s) Charles Oliver, #9 Additional Page(s) PetroRock Mineral Holdings, LLC, #10 Additional Page(s) Prosperity Economic Partners, #11 Additional Page(s) The 2x5, LLC, #12 Additional Page(s) Wealth Formula Investor Club) (Federman, William)
November 14, 2022 Opinion or Order Filing 6 SUGGESTION OF BANKRUPTCY Upon the Record by Cronus Mineral Holdings, Minerva Resources LLC. (Wolfshohl, Joshua)
November 1, 2022 Opinion or Order Filing 5 Summons Issued as to Resolute Capital Partners LTD LLC, 2X5 Enterprises LP, Kim Butler, Choice Energy Holdings LLC, Jeff Cronin, Cronus Mineral Holdings, Ted Etheredge, Financial Gravity Wealth Inc, Foundations Investment Advisors LLC, HomeBound Resources LLC, Homebound Financial Group LP, Mir Jafer Ali Joffrey, Legacy Energy LLC, Mercury Operating LLC, Chris Miles, Minerva Resources LLC, Christopher Lynn Most, Brooke Nunes, Charles Oliver, Devin Patel, PetroRock Mineral Holdings LLC, Thomas J Powell, Prosperity Economic Partners, The 2X5 LLC, The Hidden Wealth Solution, Stefan T Toth, Wealth Formula Investor Club. (Attachments: #1 Additional Page(s)) (ndt)
October 31, 2022 Opinion or Order Filing 4 Request for Clerk to issue Summons filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Ariel Kumpinsky, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Federman, William)
October 31, 2022 Opinion or Order Filing 3 Request for Clerk to issue Summons filed by Paul D Cruz, Sharon Gardner, Rohit Khanolkar, Ariel Kumpinsky, Arlen Leiner, Lisa Leiner, Bryant Smith, Heather Smith. (Attachments: #1 Additional Page(s) HomeBound Resources, #2 Additional Page(s) THE HIDDEN WEALTH SOLUTION, #3 Additional Page(s) CHRISTOPHER LYNN MOST, #4 Additional Page(s) TED ETHEREDGE, #5 Additional Page(s) HomeBound Financial, #6 Additional Page(s) Legacy Energy, #7 Additional Page(s) PetroRock, #8 Additional Page(s) Mercury Operating, #9 Additional Page(s) Minerva Resources, #10 Additional Page(s) 2X5 ENTERPRISES, LP, #11 Additional Page(s) THE 2X5, LLC, #12 Additional Page(s) CRONUS MINERAL HOLDINGS, #13 Additional Page(s) KIM BUTLER, #14 Additional Page(s) PROSPERITY ECONOMIC PARTNERS, #15 Additional Page(s) FOUNDATIONS INVESTMENT ADVISORS, LLC, #16 Additional Page(s) FINANCIAL GRAVITY WEALTH, INC, #17 Additional Page(s) THOMAS J. POWELL, #18 Additional Page(s) STEFAN T. TOTH, #19 Additional Page(s) BROOKE NUNES, #20 Additional Page(s) MIR JAFER ALI JOFFREY, #21 Additional Page(s) CHARLES OLIVER, #22 Additional Page(s) DEVIN PATEL, #23 Additional Page(s) JEFF CRONIN, #24 Additional Page(s) Choice Energy Holdings, #25 Additional Page(s) CHRIS MILES) (Federman, William)
October 19, 2022 Opinion or Order 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. (oyh)
October 19, 2022 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Arlen Leiner, Ariel Kumpinsky, Paul D Cruz, Sharon Gardner, Heather Smith, Lisa Leiner, Bryant Smith, Rohit Khanolkar. (Filing fee $402; Receipt number ATXNDC-13237173) Plaintiff will submit summons(es) for issuance. 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- SEC Complaint, #2 Cover Sheet Civil Cover Sheet) (Federman, William)

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Search for this case: Cruz et al v. Resolute Capital Partners LTD LLC et al
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Plaintiff: Paul D Cruz
Represented By: William B Federman
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Plaintiff: Ariel Kumpinsky
Represented By: William B Federman
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Plaintiff: Heather Smith
Represented By: William B Federman
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Plaintiff: Bryant Smith
Represented By: William B Federman
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Plaintiff: Rohit Khanolkar
Represented By: William B Federman
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Plaintiff: Sharon Gardner
Represented By: William B Federman
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Plaintiff: Arlen Leiner
Represented By: William B Federman
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Plaintiff: Lisa Leiner
Represented By: William B Federman
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Defendant: Resolute Capital Partners LTD LLC
Represented By: Cheryl E Diaz
Represented By: Matthew R Burton
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Defendant: Homebound Financial Group LP
Represented By: Michael K Oldham
Represented By: Harris Y Wells
Represented By: Lindsey H Raspino
Represented By: Walter J Cicack
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Defendant: HomeBound Resources LLC
Represented By: Michael K Oldham
Represented By: Lindsey H Raspino
Represented By: Harris Y Wells
Represented By: Walter J Cicack
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Defendant: Legacy Energy LLC
Represented By: Aimee M Furness
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Defendant: Choice Energy Holdings LLC
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Defendant: PetroRock Mineral Holdings LLC
Represented By: Anthony Marquis Farmer
Represented By: Carl A Smart
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Defendant: Mercury Operating LLC
Represented By: Anthony Marquis Farmer
Represented By: Carl A Smart
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Defendant: Minerva Resources LLC
Represented By: Joshua W Wolfshohl
Represented By: Aaron Power
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Defendant: 2X5 Enterprises LP
Represented By: Jason M Hopkins
Represented By: Jason S Lewis
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Defendant: The 2X5 LLC
Represented By: Jason M Hopkins
Represented By: Jason S Lewis
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Defendant: Cronus Mineral Holdings
Represented By: Joshua W Wolfshohl
Represented By: Aaron Power
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Defendant: Wealth Formula Investor Club
Represented By: Brian J Benoit
Represented By: Mary M Melle
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Defendant: Prosperity Economic Partners
Represented By: Jason L Sanders
Represented By: Caroline Elizabeth Allen
Represented By: Johnathan E Collins
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Defendant: Foundations Investment Advisors LLC
Represented By: Charles A Hammaker, III
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Defendant: Financial Gravity Wealth Inc
Represented By: C Brenton Kugler
Represented By: Anthony Vecchione
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Defendant: The Hidden Wealth Solution
Represented By: Michael C Sanders
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Defendant: Thomas J Powell
Represented By: Cheryl E Diaz
Represented By: Matthew R Burton
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Defendant: Stefan T Toth
Represented By: Michael K Oldham
Represented By: Harris Y Wells
Represented By: Lindsey H Raspino
Represented By: Walter J Cicack
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Defendant: Ted Etheredge
Represented By: Jason M Hopkins
Represented By: Jason S Lewis
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Defendant: Mir Jafer Ali Joffrey
Represented By: Mary M Melle
Represented By: Brian J Benoit
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Defendant: Brooke Nunes
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Defendant: Chris Miles
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Defendant: Jeff Cronin
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Defendant: Christopher Lynn Most
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Defendant: Devin Patel
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Defendant: Charles Oliver
Represented By: Michael C Sanders
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Defendant: Kim Butler
Represented By: Jason L Sanders
Represented By: Caroline Elizabeth Allen
Represented By: Johnathan E Collins
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Defendant: American Equity Advisory Group, LLC (incorrectly named as The Hidden Wealth Solution)
Represented By: Michael C Sanders
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Defendant: Financial Gravity Wealth, Inc
Represented By: Anthony Vecchione
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