NextGear Capital Inc et al v. Druien, Inc. et al
| NextGear Capital Inc and Automotive Finance Corporation |
| Druien, Inc. d/b/a Lawton Auto Auction a/k/a Lawton Cache Auto Auction, Michael Vernon Garrison d/b/a Rock Hill Used Cars, Lisa Druien, Druien, Inc. doing business as Lawton Auto Auction also known as Lawton Cache Auto Auction, Austin Michael Garrison also known as Mike Garrison doing business as Austin Financial Services, Michael Vernon Garrison doing business as Rock Hill Used Cars, Mike Garrison, Lawton Cache Auto Auction and Emmett Druien |
| Austin Michael Garrison a/k/a Mike Garrison d/b/a Austin Financial Services |
| 4:2020cv00959 |
| August 24, 2020 |
| US District Court for the Northern District of Texas |
| Jeffrey L Cureton |
| Mark Pittman |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 107
FINAL JUDGMENT. ORDERED, ADJUDGED, and DECREED that Plaintiff NextGear Capital, Inc. shall recover from Defendant Druien, Inc. d/b/a Lawton Auto Auction a/k/a Lawton Cache Auto Auction judgment in the sum of$686,308.80 for breach of contract, plus pre-judgment interest accruing at a rate of 5% per year, and post-judgment interest at a rate of 0.14%, to be computed as set forth in 28 U.S.C. 1961, from the date this judgment is entered on the docket until paid. Additionally, Plaintiff NextGear shall recover from Defendant Druien, Inc. the sum of $45,162.25 for reasonable and necessary attorney's fees plus post-judgment interest at a rate of 0.14% from the date this judgment is entered on the docket until paid.... (See judgment for specifics) (Ordered by Magistrate Judge Jeffrey L. Cureton on 11/2/2021) (npk)
|
|
Filing 106
ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' OPPOSED MOTION TO WITHDRAW AND/OR AMEND DEEMED ADMISSIONS granting #99 Motion for Summary Judgment ; denying #103 Motion for Discovery. (See order for specifics) (Ordered by Magistrate Judge Jeffrey L. Cureton on 11/2/2021) (npk)
|
| Filing 105 Brief/Memorandum in Support filed by Automotive Finance Corporation, NextGear Capital Inc re #104 Response/Objection (Arisco, Christopher) |
| Filing 104 RESPONSE filed by Automotive Finance Corporation, NextGear Capital Inc re: #103 MOTION for Discovery to withdraw/amend deemed Admissions (Attachments: #1 Proposed Order) (Arisco, Christopher) |
| Filing 103 MOTION for Discovery to withdraw/amend deemed Admissions filed by Emmett Druien, Lisa Druien, Druien, Inc. (Tallini, Richard) |
| Filing 102 ADDITIONAL ATTACHMENTS (PROPOSED ORDER) to #99 Motion for Summary Judgment by Plaintiffs Automotive Finance Corporation, NextGear Capital Inc. (Arisco, Christopher) |
| Filing 101 Appendix in Support filed by Automotive Finance Corporation, NextGear Capital Inc re #100 Brief/Memorandum in Support of Motion (Attachments: #1 Additional Page(s) Appendix of Evidence in Support of Plaintiffs Motion for Summary Judgment and Brief in Support Thereof - Part 2, #2 Additional Page(s) Appendix of Evidence in Support of Plaintiffs Motion for Summary Judgment and Brief in Support Thereof - Part 3, #3 Additional Page(s) Appendix of Evidence in Support of Plaintiffs Motion for Summary Judgment and Brief in Support Thereof - Part 4, #4 Additional Page(s) Appendix of Evidence in Support of Plaintiffs Motion for Summary Judgment and Brief in Support Thereof - Part 5, #5 Additional Page(s) Appendix of Evidence in Support of Plaintiffs Motion for Summary Judgment and Brief in Support Thereof - Part 6, #6 Additional Page(s) Appendix of Evidence in Support of Plaintiffs Motion for Summary Judgment and Brief in Support Thereof - Part 7, #7 Additional Page(s) Appendix of Evidence in Support of Plaintiffs Motion for Summary Judgment and Brief in Support Thereof - Part 8) (Arisco, Christopher) |
| Filing 100 Brief/Memorandum in Support filed by Automotive Finance Corporation, NextGear Capital Inc re #99 MOTION for Summary Judgment (Arisco, Christopher) |
| Filing 99 MOTION for Summary Judgment filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 98 NOTICE of Amended Rule 26(a)(2) Initial Disclosure of Expert Witness Information filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 97 ANSWER to #79 Amended Complaint,,,, filed by Emmett Druien. 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. (Tallini, Richard) |
| Filing 96 NOTICE of Serving Plaintiffs' First Consolidated Request for Production of Documents, Request for Admissions, and Interrogatories Directed to Defendant Emmett Druien filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
|
Filing 95
ORDER granting #92 Motion to Vacate Clerk's Entry of Default. It is further ORDERED that Defendant Emmett Druien shall, no later than June 11, 2021, file his Answer to Plaintiffs' Amended Complaint. (Ordered by Magistrate Judge Jeffrey L. Cureton on 6/2/2021) (tln)
|
|
Filing 94
AGREED JUDGMENT AS TO DEFENDANT MICHAEL VERNON GARRISON D/B/A ROCK HILL USED CARS ONLY: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that Plaintiff NextGear Capital, Inc. do have and recover of and from Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars the sum of $936,999.94, pre-judgment and post-judgment interest as provided by law along with all costs of court. Additionally, Plaintiff NextGear Capital, Inc. shall recover of and from Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars the sum of $50,000.00 for Plaintiff NextGear Capital, Inc.'s reasonable and necessary attorney's fees with post judgment interest at the rate of 5.00%, and with its costs in this behalf expended and that it have its execution. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Plaintiff Automotive Finance Corporation do have and recover of and from Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars the sum of $392,994.79, pre-judgment and post-judgment interest as provided by law along with all costs of court. Additionally, Plaintiff Automotive Finance Corporation shall recover of and from Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars the sum of $50,000.00 for Plaintiff Automotive Finance Corporation's reasonable and necessary attorney's fees with post judgment interest at the rate of 5.00%, and with its costs in this behalf expended and that it have its execution. (see judgment) (Ordered by Magistrate Judge Jeffrey L. Cureton on 5/12/2021) (tln)
|
|
Filing 93
ELECTRONIC ORDER granting #91 Defendants Druien, Inc. d/b/a Lawton Auto Auction a/k/a Lawton Cache Auto Auction, Lisa Druien, and Emmitt Druien's Motion to Substitute Attorney. The Court notes that Defendants filed a Notice of Substitution instead of Motion to Substitute Attorney. The Court will construe the Notice as a Motion. However, in the future any such notices will be unfiled by the Court. Based on the foregoing, the Court will grant the Defendants' Motion to Substitute Attorney. Richard Fiory Tallini of Bailey & Galyen, 1300 Summit Avenue, Suite 650, Fort Worth, Texas 76102, will be substituted for Joseph M. Vacek as attorney for the above-listed Defendants. (Ordered by Magistrate Judge Jeffrey L. Cureton on 5/7/2021) (chmb)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:93. Fri May 7 09:13:30 CDT 2021 (crt) |
| Filing 92 MOTION to Set Aside Clerk's Entry of Default filed by Emmett Druien with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order, #3 Exhibit(s)) (Tallini, Richard) |
| Filing 91 MOTION to Substitute Attorney, Joseph M Vacek added attorney Richard Fiory Tallini. Motion filed by Lisa Druien, Emmett Druien, Druien, Inc. (Tallini, Richard) |
| Filing 90 SETTLEMENT CONFERENCE REPORT filed by Automotive Finance Corporation, NextGear Capital Inc. (Arisco, Christopher) |
| Filing 89 Clerk's ENTRY OF DEFAULT as to Emmett Druien. (tln) |
| Filing 88 Request for Clerk to issue Clerk's Entry of Default filed by Automotive Finance Corporation, NextGear Capital Inc. (Attachments: #1 Exhibit(s) "A", #2 Affidavit(s), #3 Clerk's Entry of Default) (Arisco, Christopher) |
| Filing 87 NOTICE of Serving Plaintiff's Requests for Admissions Directed to Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 86 SUMMONS Returned Executed as to Emmett Druien ; served on 3/31/2021. (Arisco, Christopher) |
| Filing 85 NOTICE of Serving Plaintiffs' First Consolidated Request for Production of Documents and Interrogatories Directed to Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 84 NOTICE of Serving Plaintiff's First Consolidated Request for Production of Documents, Request for Admissions and Interrogatories directed to Defendants Druien, Inc. d/b/a Lawton Auto Auction a/k/a Lawton Cache Auto Auction and Lisa Druien filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
|
Filing 83
ORDER granting #73 Motion to Compel Rule 26 Initial Disclosures from Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars. It is further ORDERED that Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars ("Defendant") shall, no later than 4:30 p.m. on April 26, 2021, serve and produce to Plaintiffs, NextGear Capital, Inc. and Automotive Finance Corporation substantive and responsive Rule 26(a)(l) disclosures. Failure of Defendant to comply may result in him being barred from using any such evidence at any pre-trial hearing or trial. (Ordered by Magistrate Judge Jeffrey L. Cureton on 4/5/2021) (tln)
|
|
Filing 82
ORDER granting #68 Motion to Compel Rule 26 Initial Disclosures from Defendants Druien, Inc. d/b/a Lawton Auto Auction a/k/a Lawton Cache Auto Auction and Lisa Druien. It is further ORDERED that Defendants Druien, Inc. d/b/a Lawton Auto Auction a/k/a Lawton Cache Auto Auction and Lisa Druien shall, no later than 4:30 p.m. on April 12, 2021, serve and produce to Plaintiffs NextGear Capital, Inc. and Automotive Finance Corporation substantive and responsive Rule 26(a)(l) disclosures that identify a copy-or a description by category and location-of all documents, electronically stored infom1ation, and tangible things that Defendants have in their possession, custody, or control and may use to support their claims or defenses. Failure of Defendants to comply may result in them being barred from using any such undisclosed documents at any pre-trial hearing or trial. (Ordered by Magistrate Judge Jeffrey L. Cureton on 4/5/2021) (tln)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:82. Mon Apr 5 09:28:22 CDT 2021 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:83. Mon Apr 5 13:41:36 CDT 2021 (crt) |
| Filing 81 NOTICE of Expert Disclosure re: #23 Scheduling Order,, 76 Order on Motion to Amend/Correct,, filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 80 Summons Issued as to Emmett Druien. (tln) |
| Filing 79 AMENDED COMPLAINT Plaintiffs' Second Amended Complaint against Lisa Druien, Druien, Inc., Michael Vernon Garrison, Emmett Druien filed by Automotive Finance Corporation, NextGear Capital Inc. (One or more defendant(s) is no longer named.) Clerk to issue summons(es). 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) "A", #2 Exhibit(s) "B", #3 Exhibit(s) "C", #4 Exhibit(s) "D", #5 Exhibit(s) "E", #6 Exhibit(s) "F", #7 Exhibit(s) "G", #8 Exhibit(s) "H", #9 Exhibit(s) "I", #10 Exhibit(s) "J", #11 Exhibit(s) "K", #12 Exhibit(s) "L", #13 Exhibit(s) "M:, #14 Exhibit(s) "N", #15 Exhibit(s) "O") (Arisco, Christopher) |
| Notice of Hearing: Non-Jury Trial set for 2/28/2022 09:00 AM in US Courthouse, Courtroom 508, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Jeffrey L. Cureton. Pretrial Conference set for 1/27/2022 09:30 AM before Magistrate Judge Jeffrey L. Cureton. (see doc (76) for information) (tln) |
| Filing 78 STATUS REPORT Plaintiffs' Report Concerning Chosen Mediator filed by Automotive Finance Corporation, NextGear Capital Inc. (Arisco, Christopher) |
|
Filing 77
ELECTRONIC ORDER granting #42 Plaintiffs' Motion for Leave to File Second Amended Complaint. Plaintiffs shall file the Second Amended Complaint no later than March 26, 2021. (Ordered by Magistrate Judge Jeffrey L. Cureton on 3/23/2021) (chmb)
|
|
Filing 76
ELECTRONIC ORDER granting #74 Plaintiff's Unopposed Motion to Amend Scheduling Order. The following deadlines are extended as follows: (1) deadline for primary disclosures required by subparagraphs (A) and (B) of Rule 26(a)(2) be made by each party plaintiff no later than June 28, 2021 and by each party defendant no later than July 12, 2021; (2) discovery deadline is extended to August 9, 2021; (3) pre-trial and dispositive motions deadline is extended to August 31, 2021; (4) final pre-trial conference is set for Thursday, January 27, 2022 at 9:30 a.m.; and (5) non-jury trial is reset for February 28, 2022 at 9:00 a.m. (Ordered by Magistrate Judge Jeffrey L. Cureton on 3/23/2021) (chmb)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:76. Tue Mar 23 09:26:33 CDT 2021 (crt) |
| Hearings set/reset per 76 Order on Unopposed Motion to Amend Scheduling Order: Non-Jury Trial reset for 2/28/2022 09:00 AM in US Courthouse, Courtroom 508, 501 W. 10th St., Fort Worth, TX 76102-3673 before Magistrate Judge Jeffrey L. Cureton. Pretrial Conference set for 1/27/2022 09:30 AM before Magistrate Judge Jeffrey L. Cureton. (tln) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:77. Tue Mar 23 09:43:50 CDT 2021 (crt) |
| Filing 75 Mail returned as undeliverable re #43 Order to Show Cause, received back from Austin Michael Garrison as Return to Sender; Not Deliverable as Addressed; Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (tln) |
| Filing 74 Unopposed MOTION to Amend/Correct #23 Scheduling Order,, filed by Automotive Finance Corporation, NextGear Capital Inc (Attachments: #1 Proposed Order) (Arisco, Christopher) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:72. Fri Mar 12 12:25:50 CST 2021 (crt) |
| Filing 73 MOTION to Compel Rule 26 Initial Disclosures from Defendant Michael Vernon Garrison d/b/a Rock Hill Used Cars filed by Automotive Finance Corporation, NextGear Capital Inc (Attachments: #1 Proposed Order) (Arisco, Christopher) |
|
Filing 72
ORDER EXTENDING DEADLINES TO NAME A MEDIATOR AND PARTICIPATE IN A FORMAL SETTLEMENT CONFERENCE: Based on the foregoing, it is ORDERED that the parties shall, no later than March 23, 2021, agree on a mediation date and an impartial mediator, and shall notify the Court in writing as to the mediator's name, address, telephone number, and facsimile number. If the parties are unable to agree on an impartial mediator, the Court will appoint one at any party's written request. It is further ORDERED that the parties participate in a formal settlement conference no later than April 30, 2021, at a time and place to be agreed upon by the parties, at which the parties and their counsel shall appear in person to discuss settlement of this case ( corporations, partnerships, associations, etc, shall participate through a representative who shall have authority to bargain in good faith). (see order) (Ordered by Magistrate Judge Jeffrey L. Cureton on 3/11/2021) (tln)
|
|
Filing 71
ORDER granting #40 Motion to Dismiss Austin Michael Garrison. Party Austin Michael Garrison terminated. (Ordered by Magistrate Judge Jeffrey L. Cureton on 3/10/2021) (tln)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:71. Wed Mar 10 12:54:09 CST 2021 (crt) |
| Filing 70 RESPONSE filed by Automotive Finance Corporation, NextGear Capital Inc re: #43 Order to Show Cause/Order to Answer,, (Attachments: #1 Exhibit(s) "A") (Arisco, Christopher) |
| Filing 69 SETTLEMENT REPORT filed by Automotive Finance Corporation, NextGear Capital Inc. (Attachments: #1 Exhibit(s) "A") (Arisco, Christopher) |
| Filing 68 MOTION to Compel Rule 26 Initial Disclosures from Defendants Druien, Inc. d/b/a Lawton Auto Auction a/k/a Lawton Cache Auto Auction and Lisa Druien filed by Automotive Finance Corporation, NextGear Capital Inc (Attachments: #1 Exhibit(s) "A", #2 Proposed Order) (Arisco, Christopher) |
| Filing 67 NOTICE of Subpoena Commanding Production of Documents (Big Dawg Motors LLC) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 66 NOTICE of Subpoena Commanding Production of Documents (Tommy Nix Auto Group, LLC) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 65 NOTICE of Subpoena Commanding Production of Documents (David Montanaro) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 64 NOTICE of Subpoena Commanding Production of Documents (Machado Enterprises LLC dba Chaco's Auto Sales) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 63 NOTICE of Subpoena Commanding Production of Documents (Christopher Brady) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 62 NOTICE of Subpoena Commanding Production of Documents (Seth Wadley Lincoln Ford) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 61 NOTICE of Subpoena Commanding Production of Documents (Security State Bank of Oklahoma)) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 60 NOTICE of Subpoena Commanding Production of Documents (Ryder Vehicle Sales, LLC) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 59 NOTICE of Subpoena Commanding Production of Documents (Bayshore Ford Truck Sales, Inc.) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 58 NOTICE of Subpoena Commanding Production of Documents (Jacksons of Kingfisher dba Jacksons Chevrolet Buick GMC) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 57 NOTICE of Subpoena Commanding Production of Documents (Lee Auto Sales and Business Ventures, LLC) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 56 NOTICE of Subpoena Commanding Production of Documents (Enviro Clean Services, LLC) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 55 NOTICE of Subpoena Commanding Production of Documents (Southern Oklahoma Auto Sales, Inc.) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 54 NOTICE of Subpoena Commanding Production of Documents (Pryor Consignment & Auto Sales) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 53 NOTICE of Subpoena Commanding Production of Documents (Nix Auto Center, Inc.) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 52 NOTICE of Subpoena Commanding Production of Documents (Kevin Vanzant) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 51 NOTICE of Subpoena Commanding Production of Documents (Kevin Jones) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 50 NOTICE of Subpoena Commanding Production of Documents (Todd Mikel Motors LLC) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 49 NOTICE of Subpoena Commanding Production of Documents (Monte Freeman) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 48 NOTICE of Subpoena Commanding Production of Documents (David Kroth d/b/a Advantage Truck & Trailer) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 47 NOTICE of Subpoena Commanding Production of Documents (Executive Kars Inc.) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 46 NOTICE of Subpoena Commanding Production of Documents (GPR Auto & Truck Sales, Inc.) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 45 NOTICE of Subpoena Commanding Production of Documents (Bottoms Up Motorsports LLC) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 44 NOTICE of Subpoena Commanding Production of Documents (Rick Jones Buick GMC Inc.) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
|
Filing 43
Order to Show Cause: On November 24, 2020, this Court entered its Order of Referral for Mediation in May 2021. As of the date of this order, the parties have not complied with the Court's November 24, 2020 order. Accordingly, it is ORDERED that the parties show cause, in writing, no later than Wednesday, March 10, 2021 as to why they have not complied with the November 24, 2020 order of this Court regarding the designation of a mediator. The parties' showing in response to this order shall include the mediator information ( or the parties' written request for the Court to appoint a mediator) required by the November 24 order. (see order) (Ordered by Magistrate Judge Jeffrey L. Cureton on 3/3/2021) (tln)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:43. Wed Mar 3 11:39:25 CST 2021 (crt) |
| Filing 42 Amended MOTION for Leave to File Plaintiff's Second Amended Complaint filed by Automotive Finance Corporation, NextGear Capital Inc (Attachments: #1 Exhibit(s) A - pages 1 -100, #2 Exhibit(s) A - pages 101- 200, #3 Exhibit(s) A - pages 201-270, #4 Exhibit(s) A - pages 271-340, #5 Exhibit(s) A - pages 341-409, #6 Proposed Order) (Arisco, Christopher) |
| Filing 41 MOTION for Leave to File Plaintiff's Second Amended Complaint filed by Automotive Finance Corporation, NextGear Capital Inc (Attachments: #1 Exhibit(s) A - pages 1 -100, #2 Exhibit(s) A - pages 101- 200, #3 Exhibit(s) A - pages 201-270, #4 Exhibit(s) A - pages 271-340, #5 Exhibit(s) A - pages 341-409, #6 Proposed Order) (Arisco, Christopher) |
| Filing 40 MOTION to Dismiss Austin Michael Garrison a/k/a Mike Garrison d/b/a Austin Financial Services filed by Automotive Finance Corporation, NextGear Capital Inc (Attachments: #1 Proposed Order) (Arisco, Christopher) |
| Filing 39 AFFIDAVIT of Service for Subpoena served on Rhory Cheyenne Wilson on 01/08/2021. (Arisco, Christopher) |
| Filing 38 AFFIDAVIT of Service for Subpoena served on Wichita Falls Ford Lincoln Inc. on 01/07/2021. (Arisco, Christopher) |
| Filing 37 AFFIDAVIT of Service for Subpoena served on Manier Auto Group on 01/11/2021. (Arisco, Christopher) |
| Filing 36 AFFIDAVIT of Service for Subpoena served on Frontera Vehicle Sales & Parts Inc. on 01/08/2021. (Arisco, Christopher) |
| Filing 35 AFFIDAVIT of Service for Subpoena served on Seth Wadley Lincoln Ford on 01/08/2021. (Arisco, Christopher) |
| Filing 34 AFFIDAVIT of Service for Subpoena served on Colby Wayne Parker on 01/09/2021. (Arisco, Christopher) |
| Filing 33 AFFIDAVIT of Service for Subpoena served on Christopher Clyde Brady on 01/08/2021. (Arisco, Christopher) |
| Filing 32 NOTICE of Subpoena Commanding Production of Documents (Rhory Cheyenne Wilson) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 31 NOTICE of Subpoena Commanding Production of Documents (Wichita Falls Ford Lincoln, Inc.) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 30 NOTICE of Subpoena Commanding Production of Documents (Mainer Auto Group, LP d/b/a Mainer Ford) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 29 NOTICE of Subpoena Commanding Production of Documents (Frontera Vehicle Sales & Parts, Inc.) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 28 NOTICE of Subpoena Commanding Production of Documents (Seth Wadley Lincoln Ford) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 27 NOTICE of Subpoena Commanding Production of Documents (Colby Parker d/b/a Parker Auto Auction) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 26 NOTICE of Subpoena Commanding Production of Documents (Christopher Brady) filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 25 Mail returned as undeliverable #23 Scheduling Order, #24 Order Referring Case to ADR, received back from Austin Michael Garrison as Return to Sender; Not Deliverable as Addressed; Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (tln) |
|
Filing 24
ORDER OF REFERRAL FOR MEDIATION IN MAY 2021: The parties are to select or designate a mediator. The parties are to complete mediation during the month of May. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for parties to designate a mediator is on or before 3/1/2021. (see order) (Ordered by Magistrate Judge Jeffrey L. Cureton on 11/24/2020) (tln)
|
|
Filing 23
SCHEDULING ORDER: Accordingly, it is ORDERED that this cause of action is set for a non-jury trial on 10/25/2021 at 09:00 AM before Magistrate Judge Jeffrey L. Cureton. Joinder of Parties due by 3/1/2021. Each party plaintiff file any motions for leave to amend his pleadings no later than 3/1/2021. Each party defendant file any motions for leave to amend his pleadings no later than 3/15/2021. Discovery due by 5/7/2021. Pretrial and Dispositive Motions due by 5/28/2021. Pretrial Conference set for 9/30/2021 at 09:30 AM before Magistrate Judge Jeffrey L. Cureton. (see order) (Ordered by Magistrate Judge Jeffrey L. Cureton on 11/24/2020) (tln)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:23,24. Tue Nov 24 15:29:14 CST 2020 (crt) |
| Filing 22 Joint STATUS REPORT filed by Automotive Finance Corporation, NextGear Capital Inc. (Arisco, Christopher) |
| Filing 21 Mail returned as undeliverable re #18 Order, received back from Austin Michael Garrison as Return to Sender; Not Deliverable as Addressed; Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (tln) |
| Filing 20 NOTICE of Subpoena Commanding the Production of Documents filed by Automotive Finance Corporation, NextGear Capital Inc (Arisco, Christopher) |
| Filing 19 Mail returned as undeliverable re #17 Consent to Proceed Before Magistrate Judge/Order Reassigning Case, received back from Austin Michael Garrison as Return to Sender; Not Deliverable as Addressed; Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (tln) |
|
Filing 18
ORDER FOR REVISED JOINT STATUS REPORT AND MODIFIED INSTRUCTIONS FOR ELECTRONIC CASE FILING (ECF): To enable this Court to enter an appropriate Scheduling Order, it is ORDERED that within twenty-one (21) days of the date of this Order the parties file a Revised Joint Status Report. It is FURTHER ORDERED that all future filings in this cause shall bear civil action number 4:20-CV-959-BJ. (see order for specifics) (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/28/2020) (tln)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Wed Oct 28 10:58:05 CDT 2020 (crt) |
|
Filing 17
ORDER OF REASSIGNMENT: It is ORDERED that this matter be reassigned to the docket of United States Magistrate Judge Jeffrey L. Cureton to conduct all further proceedings. The Clerk of Court is ordered to change the case letter designation to a 'BJ'. (Ordered by Judge Mark Pittman on 10/27/2020) (tln)
|
| Filing 16 Joint STATUS REPORT filed by Automotive Finance Corporation, NextGear Capital Inc. (Arisco, Christopher) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Tue Oct 27 13:34:32 CDT 2020 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Wed Oct 14 12:16:38 CDT 2020 (crt) |
|
Filing 15
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before October 27, 2020. (Ordered by Judge Mark Pittman on 10/13/2020) (tln)
|
| Filing 14 AMENDED COMPLAINT against All Defendants filed by Automotive Finance Corporation, NextGear Capital 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) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S) (Arisco, Christopher) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lisa Druien, Druien, Inc.. (Vacek, Joseph) |
| Filing 12 ANSWER to #1 Complaint,,,,,, filed by Lisa Druien, Druien, Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. 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.Attorney Joseph M Vacek added to party Lisa Druien(pty:dft), Attorney Joseph M Vacek added to party Druien, Inc.(pty:dft) (Vacek, Joseph) |
| Filing 11 Mail returned as undeliverable re #6 Order received back from Austin Michael Garrison as Return to Sender; Not Deliverable as Addressed; Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (tln) |
| Filing 10 SUMMONS Returned Executed as to Michael Vernon Garrison ; served on 9/1/2020. (Padfield, Alan) |
| Filing 9 SUMMONS Returned Executed as to Lisa Druien ; served on 9/16/2020. (Padfield, Alan) |
| Filing 8 SUMMONS Returned Executed as to Druien, Inc. ; served on 9/16/2020. (Padfield, Alan) |
| Filing 7 SUMMONS Returned Executed as to Austin Michael Garrison ; served on 9/1/2020. (Padfield, Alan) |
|
Filing 6
ORDER: Accordingly, Plaintiffs are ORDERED to file an amended complaint on or before October 12, 2020, with more detailed allegations to support that venue is proper in this district and division. The failure to file such an amended complaint may result in dismissal of Plaintiffs claims without further notice. (see order) (Ordered by Judge Mark Pittman on 9/21/2020) (tln)
|
| Filing 5 ANSWER to #1 Complaint, filed by Austin Michael Garrison, Michael Vernon Garrison. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. 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. (tln) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Mon Sep 21 16:56:44 CDT 2020 (crt) |
| Filing 4 AMENDED DOCUMENT by Automotive Finance Corporation, NextGear Capital Inc. Amendment to #1 Complaint, Amended Exhibits 1-18, 1-19, and 1-20. (Attachments: #1 Exhibit(s) Amended Exhibit 1-19, #2 Exhibit(s) Amended Exhibit 1-20) (Arisco, Christopher) |
| Filing 3 Summons Issued as to Lisa Druien, Druien, Inc., Austin Michael Garrison, Michael Vernon Garrison. (tln) |
| Filing 2 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. 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. (tln) |
| Filing 1 COMPLAINT against Lisa Druien, Druien, Inc., Austin Michael Garrison, Michael Vernon Garrison. (Filing fee $400; Receipt number 0539-11109307) 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 Cover Sheet, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) P, #18 Exhibit(s) Q, #19 Exhibit(s) R, #20 Exhibit(s) S) (Arisco, Christopher) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
