Mast Hill Fund, L.P. v. Hixon et al
| Mast Hill Fund LP |
| Alan Hixon, Susan Conner, Lisa McLin, Kelly Hopping and Larry King |
| 3:2026cv01059 |
| April 3, 2026 |
| U.S. District Court for the Northern District of Texas |
| Reed O'Connor |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1334 Bankruptcy Appeal |
| None |
Docket Report
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| Filing 27 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney William R. Moorman (Filing fee $100; Receipt number ATXNDC-16363403) filed by Mast Hill Fund LP (Attachments: #1 Additional Page(s) Certificate of Good Standing) (Crooks, David) |
| Filing 26 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel J. Goodrich (Filing fee $100; Receipt number ATXNDC-16344689) filed by Mast Hill Fund LP (Attachments: #1 Additional Page(s) Certificate of Good Standing) (Crooks, David) |
| Filing 25 NOTICE of Attorney Appearance by David Grant Crooks on behalf of Mast Hill Fund LP. (Filer confirms contact info in ECF is current.) (Crooks, David) |
| Filing 24 Under the standard order of reference, this case is referred to the United States Bankruptcy Court for the Northern District of Texas. Future filings should be filed in the Bankruptcy Court under case number 26-03028-mvl. (frw) |
| Filing 23 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (ndt) |
| Filing 22 Case electronically transferred in from District of Massachusetts; Case Number 1:26-cv-10083. 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. |
| Filing 21 Judge Brian E. Murphy: ELECTRONIC ORDER entered. Upon review of the briefing, the Court concludes that it has subject-matter jurisdiction over this action pursuant to 28 U.S.C. 1334(b) and will transfer the case to the Northern District of Texas. Civil proceedings arising in bankruptcy cases are those that are not based on any right expressly created by title 11, but nevertheless, would have no existence outside of the bankruptcy. Gupta v. Quincy Medical Center, 858 F.3d 657, 66263 (1st Cir. 2017) (quoting In re Middlesex Power Equip. & Marine, Inc., 292 F.3d 61, 68 (1st Cir. 2002)). Arising in provides jurisdiction when resolving the dispute requires interpreting an order issued by a bankruptcy court. See Middlesex, 292 F.3d at 68 (dispute between purchaser of property from bankruptcy and local taxing authority about obligation to pay property taxes satisfied arising in jurisdiction because purchasers defense required interpretation of bankruptcy sale order). While Plaintiffs claims arise under state law, central to those claims is the issue of whether the bankruptcy courts settlement order immunizes Defendants from these claims. See Corbin v. Salkovitz, 2024 WL 4652481, at *6 (D. Mass. Nov. 1, 2024) (Although this language [in the bankruptcy order] may preclude Plaintiffs unjust enrichment claim, the claim arises in a case under title 11 because resolving the underlying dispute requires interpreting a provision in the [bankruptcy order]. (emphasis in original)). Having concluded this case arises in the bankruptcy case, Plaintiffs arguments for mandatory abstention fail. See Cambridge Place Inv. Mgmt., Inc. v. Morgan Stanley & Co., 2010 WL 6580503, at *6 (D. Mass. Dec. 28, 2010) (noting that one element of mandatory abstention is that the action does not arise under Title 11 but is merely related to a case under Title 11 (quoting C & A, S.E. v. P.R. Solid Waste Mgmt. Auth., 369 B.R. 87, 92 (D.P.R. 2007))).28 U.S.C. 1412 authorizes a district court to transfer a case or proceeding under title 11 to a district court for another district, in the interest of justice or for the convenience of the parties. As another court in this District has explained:Generally, there is a strong presumption in favor of the plaintiffs choice of forum. Coady v. Ashcraft & Gerel, 223 F.3d 1, 11 (1st Cir. 2000). However, when a case has been removed to district court pursuant to 1452, as in this action, there is also a strong presumption in favor of placing venue in the district where the bankruptcy proceedings are pending. New England Wood Pellet, LLC v. New England Pellet, LLC, 419 B.R. 133, 149 (Bankr. D.N.H. 2009). This is known as the home court presumption, and it embodies a general rule that the court where the bankruptcy case is pending is the proper venue for all related proceedings within the courts jurisdiction, because speedy and economic administration of cases is a paramount consideration in the bankruptcy process. Id. at 151 (quoting In re Vital Link Lodi, Inc., 240 B.R. 15, 18 (Bankr. W.D. Mo. 1999)).Corbin, 2024 WL 4652481, at *10. The Court finds that home court presumption outweighs all other factors here. See id. This is especially true where Plaintiff also has at least one member who is a citizen of the State of Texas. See Plaintiffs Response to Order to Show Cause 3, Mast Hill Fund, L.P. v. Hixon et al., No. 1:25-cv-11866-BEM (D. Mass. Dec. 2, 2025), Dkt. 21; Order on Motion to Dismiss, No. 1:25-cv-11866-BEM (D. Mass. Dec. 3, 2025), Dkt. 22. Thus, the Northern District of Texas is the correct venue for adjudicating Plaintiffs claims, as the venue where the bankruptcy proceedings are pending. The Court therefore GRANTS #5 Defendants Motion to Transfer and DENIES #9 Plaintiffs Motion to Remand. (MBM) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 20 Judge Brian E. Murphy: ELECTRONIC ORDER entered granting #7 Assented to MOTION to Stay Responsive Pleading Deadline Until Motion to Transfer Venue is Resolved. (MBM) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 19 NOTICE of Appearance by Christopher L. Perkins on behalf of Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin (Perkins, Christopher) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 18 Judge Brian E. Murphy: ELECTRONIC ORDER entered granting #15 Assented to MOTION for Leave to File Admittance of Christopher L. Perkins, Esq. as Pro Hac Vice Counsel. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MBM) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 17 NOTICE OF ATTORNEY PAYMENT OF FEES as to #15 Assented to MOTION for Leave to File Admittance of Christopher L. Perkins, Esq. as Pro Hac Vice Counsel by Defendants Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin. Filing fee $ 125, receipt number AMADC-11574032. Payment Type : PRO HAC VICE. (Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 16 ELECTRONIC NOTICE TO COUNSEL re #15 MOTION for Leave to Appear Pro Hac Vice for admission of Christopher L. Perkins: The required payment of $125.00 for admission for pro hac vice was bypassed in the filing of the motion. Counsel is directed to pay for the admission by submitting payment online using the Notice of Attorney Payment of Fees event, under Civil Events -> Other Filings -> Notices. This event requires a PDF document to be attached to the filing. Please use the first page of the motion to complete the submission. (MBM) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 15 Assented to MOTION for Leave to File Admittance of Christopher L. Perkins, Esq. as Pro Hac Vice Counsel by Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin. (Attachments: #1 Affidavit of Christopher L. Perkins, Esq.)(Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 14 Opposition re #9 MOTION to Remand to State Court filed by Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin. (Attachments: #1 Exhibit 1)(Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 13 Judge Brian E. Murphy: ELECTRONIC ORDER granting #12 Defendants' Assented to Motion to Enlarge Time to File Opposition to Plaintiff's Motion to Remand until 2/17/2026. (BIB) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 12 Assented to MOTION for Extension of Time to February 17, 2026 to File Opposition to Plaintiff's Motion to Remand by Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin.(Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 11 Opposition re #5 MOTION to Transfer Case to Nothern District of Texas. filed by Mast Hill Fund, L.P.. (Goodrich, Daniel) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Remand to State Court filed by Mast Hill Fund, L.P.. (Goodrich, Daniel) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 9 MOTION to Remand to State Court by Mast Hill Fund, L.P..(Goodrich, Daniel) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 8 STATE COURT Record All Defendants.. (Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 7 Assented to MOTION to Stay Responsive Pleading Deadline Until Motion to Transfer Venue is Resolved by Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin.(Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Transfer Case to Nothern District of Texas. filed by Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 5 MOTION to Transfer Case to Nothern District of Texas. by Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin.(Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 4 NOTICE of Appearance by Matthew J. Baker on behalf of Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin (Baker, Matthew) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. Counsel who filed an appearance in this case prior to its removal must refer to #Local Rule 83.5.3(f) Practice by Persons Not Members of the Bar on how to proceed as an attorney in this court. General Information for Attorneys can be found #here. (MBM) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (NMC) [Transferred from Massachusetts on 4/3/2026.] |
| Filing 1 NOTICE OF REMOVAL by Susan Conner, Alan Hixon, Kelly Hopping, Larry King, Lisa McLin ( Filing fee: $ 405, receipt number AMADC-11463433 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Stephens, Christian) [Transferred from Massachusetts on 4/3/2026.] |
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