HTA Medical Portfolio 2, LLC, a Delaware limited liability company v. Bartel et al
| HTA Medical Portfolio 2, LLC, a Delaware limited liability company |
| M.D. Danny Bartel, M.D. Sanjoy Sundaresan, M.D. R. Braden Neiman and Diversified Management Services, LLC |
| Will Pryor |
| 7:2013cv00136 |
| October 25, 2013 |
| US District Court for the Northern District of Texas |
| Wichita Falls Office |
| Wichita |
| Reed C O'Connor |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 21, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 127
ORDER granting #124 Plaintiff's Motion for an Order Compelling Defendant Sanjoy Sundaresan to Disclose Certain Documents and Respond to Discovery. (Ordered by Magistrate Judge Hal R Ray, Jr on 11/21/2016) (plp)
|
|
Filing 126
ORDER: The Court finds that expedited briefing is necessary to address Plaintiff's Motion for an Order Compelling Defendant Sanjoy Sundaresan to Disclose Certain Documents and Respond to Discovery (ECF No. #124 ) in a timely fashion. See LR. 7.1. It is, therefore, ORDERED that Defendant file any Response to Plaintiff's Motion on or before November 18, 2016. It is further ORDERED that Plaintiff file any Reply to Defendant's Response on or before three calendar days after Defendant files such Response. (Ordered by Magistrate Judge Hal R Ray, Jr on 11/8/2016) (plp)
|
|
Filing 125
Order Referring Motion re: #124 MOTION to Compel Defendant Sanjoy Sundaresan to Disclose Certain Documents and Respond to Discovery Motion(s) referred to Magistrate Judge Hal R Ray, Jr. (Ordered by Judge Reed C O'Connor on 11/7/2016) (skg)
|
|
Filing 124
MOTION to Compel Defendant Sanjoy Sundaresan to Disclose Certain Documents and Respond to Discovery filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company (Attachments: #1 Exhibit(s) A - Sundaresan's Responses to Discovery, #2 Exhibit(s) B - Second Set of Discovery Requests, #3 Exhibit(s) C - Demand Letter, #4 Proposed Order) (Klein, Buffey)
|
|
Filing 123
ORDER ACCEPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION ON MOTION FOR CHARGING ORDER re: #122 Findings and Recommendations on Motion re: #119 Motion for Miscellaneous Relief. (Ordered by Judge Reed C O'Connor on 10/13/2016) (skg)
|
|
Filing 122
REPORT AND RECOMMENDATION ON #119 MOTION FOR CHARGING ORDER: The Court RECOMMENDS that Judge O'Connor GRANT Plaintiff's Motion for Charging Order in Aid of Enforcement of Judgment, with the exception of Plaintiff's request that the Court order Stargazer to provide periodic reports to thePlaintiff, and enter an order in the form attached to this Report and Recommendation as Exhibit 1. (Ordered by Magistrate Judge Hal R Ray, Jr on 9/13/2016) (Attachments: #1 Exhibit 1) (plp)
|
|
Filing 121
ORDER: It is ORDERED that Defendant file a response to Plaintiff's Motion forCharging Order in Aid of Enforcement of Judgment (ECF No. #119 ) on or before August 26, 2016. It is further ORDERED that Plaintiff file any Reply to Defendant's Response on or before 5 days after Defendant files such Response. (Ordered by Magistrate Judge Hal R Ray, Jr on 8/16/2016) (plp)
|
|
Filing 120
Order Referring Motion re: #119 MOTION for Charging Order in Aid of Enforcement of Judgment Motion referred to Magistrate Judge Hal R Ray, Jr. (Ordered by Judge Reed C O'Connor on 8/16/2016) (baa)
|
|
Filing 119
MOTION for Charging Order in Aid of Enforcement of Judgment filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company (Attachments: #1 Exhibit(s) A-Final Judgment, #2 Exhibit(s) B-2014 Tax Returns, #3 Proposed Order) (Klein, Buffey)
|
|
Filing 118
Writ of Execution as to Sanjoy Sundaresan, M.D. Returned Executed on 7/20/2016. (plp)
|
|
Filing 117
Writ of Execution Issued as to Sanjoy Sundaresan, M.D. (trt)
|
|
Filing 116
APPLICATION for Writ of of Execution by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 115
ORDER denying #112 Motion for New Trial (Ordered by Judge Reed C O'Connor on 9/30/2015) (trt)
|
|
Filing 114
RESPONSE filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company re: #112 MOTION for New Trial (Attachments: #1 Proposed Order) (Klein, Buffey)
|
|
Filing 113
Court's Exhibit List from Bench Trial held 5/26/2015. Exhibits 1, 2, 2A, 3, 5, 6, 7, 10, 14 admitted. Exhibits 6 and 10 not provided to the clerk's office. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2A, #4 Exhibit 3, #5 Exhibit 5, #6 Exhibit 7, #7 Exhibit 10) (plp)
|
|
Filing 112
MOTION for New Trial filed by Sanjoy Sundaresan with Brief/Memorandum in Support. (Lane, John)
|
|
Filing 111
FINAL JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that judgment be entered against Sundaresan for the default of unpaid rent in the amount of $882,810.65, CAM fees in the amount of $25,985.41, CAM reconciliation in the amount of $28.20, property taxes in the amount of $113,739.91, and for reasonable and necessary attorney's fees in the amount of $106,114.51. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Reed C O'Connor on 6/19/2015) (plp)
|
|
Filing 110
STIPULATION OF DISMISSAL WITH PREJUDICE by HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman. (Klein, Buffey)
|
|
Filing 109
STIPULATION OF DISMISSAL WITH PREJUDICE by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Court's Exhibit List from Bench Trial (see Doc #108 ). (lrl)
|
|
Filing 108
Exhibit List Joint Trial Exhibit List by HTA Medical Portfolio 2, LLC, a Delaware limited liability company, Sanjoy Sundaresan. (Klein, Buffey)
|
|
Filing 107
ORDER: Accordingly, the parties are ORDERED to file the appropriate dismissal papers a stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) or an agreed motion with corresponding proposed order no later than June 19, 2015. If the parties do not file the appropriate dismissal papers on or before June 19, 2015, and further proceedings become necessary or desirable, the parties should immediately file a Joint Status Report with the Court. All deadlines with respect to these parties have been stayed. (Ordered by Judge Reed C O'Connor on 5/27/2015) (trt)
|
|
Filing 105
FINDINGS OF FACT AND CONCLUSIONS OF LAW. See Order for specifics. (Ordered by Judge Reed C O'Connor on 5/27/2015) (trt)
|
|
Filing 106
ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Bench Trial held on 5/26/2015. Parties to file an agreed exhibit list. Attorney Appearances: Plaintiff - Buffey Klein; Defense - John Lane. (Court Reporter: Denver Roden) (Exhibits admitted - Exhibits sent to the Clerk in Wichita Falls for storage.) Time in Court - 2:30. (chmb)
|
|
Filing 104
JOINT FINAL PRE-TRIAL ORDER (Ordered by Judge Reed C O'Connor on 5/26/2015) (plp)
|
|
Filing 103
TRIAL BRIEF AMENDED by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 102
TRIAL BRIEF by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 101
SETTLEMENT CONFERENCE REPORT filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman, Sanjoy Sundaresan. (Klein, Buffey)
|
|
Filing 100
NOTICE of Potential Settlement of Plaintiff's Claims Against Defendant R. Braden Neiman, M.D. filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman (Klein, Buffey)
|
|
Filing 99
Proposed Findings of Fact by Sanjoy Sundaresan. (Lane, John)
|
|
Filing 98
Proposed Findings of Fact by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 97
ORDER: Accordingly, it is ORDERED that each party having the burden of persuasion on an issue must submit Proposed Findings and Conclusions to the Court on or before May 15, 2015, and the opposing party must submit Proposed Findings and Conclusions on or before May 19, 2015. It is FURTHER ORDERED that all pre-trial matters will take place at 9:00 a.m. on the day of trial, May 26, 2015. (Ordered by Judge Reed C O'Connor on 5/13/2015) (trt)
|
|
Filing 96
ORDER: It is ORDERED that the bench trial in this matter will commence at 9:00 a.m. on May 26, 2015 in the United States Courthouse, Courtroom 222, 1000 Lamar Street, Wichita Falls, Texas. (Ordered by Judge Reed C O'Connor on 5/4/2015) (plp)
|
|
Filing 95
Exhibit List by R. Braden Neiman. (Richie, Christopher)
|
|
Filing 94
NOTICE of Potential Settlement of Plaintiff's Claims Against Defendants Bartel and Diversified Management Services, LLC filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company (Klein, Buffey)
|
|
Filing 93
Witness List by R. Braden Neiman. (Richie, Christopher)
|
|
Filing 92
Witness List by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 91
ORDER: Before the Court is the Cross-Litigants Joint Motion to Dismiss Cross-Claims (ECF No. #88 ), filed April 23, 2015. Having considered the motion, the Court finds that it should be and is hereby GRANTED. Accordingly, it is ORDERED that the cross-claims of Defendants Danny R. Bartel, M.D., Sanjoy Sundaresan, M.D., and R. Braden Neiman against each other are DISMISSED without prejudice. (Ordered by Judge Reed C O'Connor on 4/24/2015) (plp)
|
|
Filing 90
Defendant R. Braden Neiman's Pretrial Disclosures Under Federal Rule 26(a)(3)(A) filed by R. Braden Neiman. (Richie, Christopher)
|
|
Filing 89
Exhibit List by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Attachments: #1 Exhibit(s) A - Plaintiff's List of Exhibits) (Klein, Buffey)
|
|
Filing 88
Joint MOTION to Dismiss Cross-Claims filed by Danny Bartel, R. Braden Neiman, Sanjoy Sundaresan (Richie, Christopher)
|
|
Filing 87
Witness List by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 86
Pretrial Disclosures filed by Danny Bartel, Diversified Management Services, LLC. (Roberts, Ronald)
|
|
Filing 85
Witness List by Sanjoy Sundaresan. (Lane, John)
|
|
Filing 84
Exhibit List by Sanjoy Sundaresan. (Lane, John)
|
|
Filing 83
Designation of Deposition by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 82
ORDER: The Court ORDERS that: Plaintiff's motion for leave to file sur-reply (ECF No. #81 ) is DENIED. Defendants' motions to amend (ECF Nos. #60 , #62 , #66 ) are DENIED. Plaintiff's motion for leave to supplement summary judgment evidence (ECF No. #78 ) is DENIED. Plaintiff's motion for partial summary judgment (ECF No. #48 ) is DENIED. This matter remains set for a bench trial on the Court's four week docket beginning on May 26, 2015. (Ordered by Judge Reed C O'Connor on 4/20/2015) (plp)
|
|
Filing 81
MOTION for Leave to File Sur-Reply to Defendants' Joint Reply in Support of Their Motions for Leave to File Amended Answer filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company (Attachments: #1 Exhibit(s) A - Sur-Reply, #2 Proposed Order) (Klein, Buffey)
|
|
Filing 80
REPLY filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company re: #48 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support (Attachments: #1 Exhibit(s) E & E-1) (Klein, Buffey)
|
|
Filing 79
REPLY filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company re: #48 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support (Klein, Buffey)
|
|
Filing 78
MOTION for Leave to File Supplement to Summary Judgment Evidence filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company (Attachments: #1 Exhibit(s) A, #2 Proposed Order) (Klein, Buffey)
|
|
Filing 77
ADDITIONAL ATTACHMENTS to #48 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support by Plaintiff HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 76
REPLY filed by Danny Bartel, Diversified Management Services, LLC, R. Braden Neiman re: #62 MOTION for Leave to File Amended Answer MOTION to Amend/Correct #15 Answer to Amended Complaint, Crossclaim,, (Richie, Christopher)
|
|
Filing 75
NOTICE of Agreed Extension of Pretrial Disclosures re: #59 Order on Motion to Continue,,, filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman, Sanjoy Sundaresan (Klein, Buffey)
|
|
Filing 74
Appendix in Support filed by R. Braden Neiman re #48 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support (Richie, Christopher)
|
|
Filing 73
REPLY filed by R. Braden Neiman re: #48 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support (Richie, Christopher)
|
|
Filing 72
RESPONSE filed by R. Braden Neiman re: #48 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support (Richie, Christopher)
|
|
Filing 71
OBJECTION filed by R. Braden Neiman re: #48 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support (Richie, Christopher)
|
|
Filing 70
RESPONSE filed by Sanjoy Sundaresan re: #48 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support (Lane, John)
|
|
Filing 69
RESPONSE filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company re: #66 MOTION for Leave to File Amended Answer (Klein, Buffey)
|
|
Filing 68
ORDER re: #66 MOTION for Leave to File Amended Answer. Accordingly, the Court ORDERS that any response to this motion must be filed on or before April 13, 2015. The Court FURTHER ORDERS that any reply regarding this motion (ECF No. 66) or the related motions of Defendants Danny R. Bartel, M.D., Diversified Management Services, LLC, and R. Braden Neiman (ECF Nos. 60, 62) must be filed on or before April 16, 2015. (Ordered by Judge Reed C O'Connor on 4/9/2015) (trt)
|
|
Filing 67
Brief/Memorandum in Support filed by Sanjoy Sundaresan re #66 MOTION for Leave to File Amended Answer to Complaint 15 (Lane, John)
|
|
Filing 66
MOTION for Leave to File Amended Answer filed by Sanjoy Sundaresan (Lane, John)
|
|
Filing 65
RESPONSE filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company re: #62 MOTION for Leave to File Amended Answer MOTION to Amend/Correct #15 Answer to Amended Complaint, Crossclaim,, , #60 MOTION for Leave to File Amended Answer (Attachments: #1 Proposed Order) (Klein, Buffey)
|
|
Filing 64
ORDER: Before the Court is Defendant R. Braden Neiman, M.D.s Motion for Leave to File Amended Answer (ECF No. 62), filed April 6, 2015. The Certificate of Conference indicates that the motion is opposed. Having considered the motion, the Court finds that expedited briefing would be helpful for a timely resolution of this matter. Accordingly, the Court ORDERS that any response to this motion must be filed on or before April 13, 2015. (Ordered by Judge Reed C O'Connor on 4/7/2015) (trt)
|
|
Filing 63
Brief/Memorandum in Support filed by R. Braden Neiman re #62 MOTION for Leave to File Amended Answer MOTION to Amend/Correct #15 Answer to Amended Complaint, Crossclaim,, (Richie, Christopher)
|
|
Filing 62
MOTION for Leave to File Amended Answer (), MOTION to Amend/Correct #15 Answer to Amended Complaint, Crossclaim,, filed by R. Braden Neiman (Richie, Christopher)
|
|
Filing 61
ORDER: Before the Court is Defendants Danny R. Bartel, M.D., and Diversified Management Services, LLCs Motion for Leave to File Amended Answer (ECF No. 60), filed April 1, 2015. The Certificate of Conference indicates that counsel had not received responses from all other parties as of the filing of the motion. Accordingly, the Court construes the motion as opposed and finds that expedited briefing would be helpful to the determination of this matter. See L.R. 7.1(b)(3). The Court ORDERS that any response to this motion must be filed on or before April 8, 2015. (Ordered by Judge Reed C O'Connor on 4/2/2015) (trt)
|
|
Filing 60
MOTION for Leave to File Amended Answer filed by Danny Bartel, Diversified Management Services, LLC (Roberts, Ronald)
|
|
Filing 59
ORDER denying #58 Motion to Continue. Before the Court is the parties Joint Motion for Continuance of Trial and Extension of Pretrial Deadlines (ECF No. 58), filed March 27, 2015. In light of the two previous continuances granted in this action, the Court finds that this motion for a continuance should be and is hereby DENIED. See Order, Sept. 29, 2014, ECF No. 32; Order, Jan. 22, 2015, ECF No. 57. Accordingly, the pre-trial deadlines are as follows: Deadlines Regarding Plaintiffs Motion for Partial Summary Judgment - Response due April 13, 2015, Reply due April 16, 2015; Pretrial Disclosures and Objections - April 16, 2015 Objections due 14 days thereafter; Pretrial Materials due by 5/1/2015. Pretrial Order due by 5/1/2015. Bench Trial set for 5/26/2015 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 3/30/2015) (trt)
|
|
Filing 58
Joint MOTION to Continue Trial and Extension of Pretrial Deadlines filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman, Sanjoy Sundaresan (Attachments: #1 Proposed Order) (Klein, Buffey)
|
|
Filing 57
ORDER granting #56 Motion to Continue. Pretrial Materials due by 5/1/2015. Pretrial Order due by 5/1/2015. Bench Trial set for 5/26/2015 in US Courthouse, Courtroom 222, 1000 Lamar Street, Wichita Falls, TX 76301-3431 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 1/22/2015) (trt)
|
|
Filing 56
Joint MOTION to Continue Trial and Extension of Pretrial Deadlines filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman, Sanjoy Sundaresan (Attachments: #1 Proposed Order) (Klein, Buffey)
|
|
Filing 55
ORDER: Accordingly, it is ORDERED that Plaintiffs Motion for Leave to File Motion for Partial Summary Judgment (ECF No. 47) is GRANTED. The Motion for Partial Summary Judgment (ECF No. 48) is deemed filed as of the date of this order. Any response brief must be filed on or before January 28, 2015, and any reply brief must be filed on or before February 4, 2015. It is further ORDERED that Plaintiffs Motion to Extend the Dispositive Motion Deadline (ECF No. 47) is GRANTED. The deadline to file any other dispositive motions is January 23, 2015. (Ordered by Judge Reed C O'Connor on 1/15/2015) (trt)
|
|
Filing 54
REPLY filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company re: #47 MOTION to Extend Time of Dispositive Motion Deadline MOTION for Leave to File Motion for Partial Summary Judgment (Klein, Buffey)
|
|
Filing 53
ORDER granting #52 Motion to Substitute Attorney. Accordingly, it is ORDERED that John M. Lane is permitted to withdraw as counsel and that David R. Clouston and Christopher R. Richie of Sessions, Fishman, Nathan & Israel, LLC are substituted as counsel for Neiman. (Ordered by Judge Reed C O'Connor on 1/12/2015) (trt)
|
|
Filing 52
Unopposed MOTION to Substitute Attorney. R. Braden Neiman Added attorney Christopher R Richie. Motion filed by R. Braden Neiman (Richie, Christopher)
|
|
Filing 51
OBJECTION filed by R. Braden Neiman re: #47 MOTION to Extend Time of Dispositive Motion Deadline MOTION for Leave to File Motion for Partial Summary Judgment (Richie, Christopher)
|
|
Filing 50
RESPONSE filed by Danny Bartel, Diversified Management Services, LLC re: #47 MOTION to Extend Time of Dispositive Motion Deadline MOTION for Leave to File Motion for Partial Summary Judgment (Roberts, Ronald)
|
|
Filing 49
ORDER: Responsive Briefing due by 1/9/2015; any reply due by 1/13/2015 re: #47 MOTION to Extend Time of Dispositive Motion Deadline MOTION for Leave to File Motion for Partial Summary Judgment (Ordered by Judge Reed C O'Connor on 1/5/2015) (trt)
|
|
Filing 48
MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment and Brief in Support filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A - Declaration of Jennifer Wiener, #2 Exhibit(s) A1 - Commercial Lease dated November 10, 2006, #3 Exhibit(s) A2 - Accounting through Life of Loan, #4 Exhibit(s) B - Declaration of Buffey Klein, #5 Exhibit(s) B1 - September 5, 2013 Demand Letter, #6 Exhibit(s) B2 - Husch Blackwell, LLP Invoices, #7 Exhibit(s) C - Deposition Excerpts from the Testimony of Neiman, #8 Exhibit(s) D - Deposition Excerpts from the Testimony of Sundaresan, #9 Proposed Order Granting Plaintiff's Motion for Partial Summary Judgment) (Klein, Buffey)
|
|
Filing 47
MOTION to Extend Time of Dispositive Motion Deadline(), MOTION for Leave to File Motion for Partial Summary Judgment filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company (Attachments: #1 Proposed Order Granting Plaintiff's Mtn for Ext of Dispositive Mtn Deadline and Mtn for Leave to file Mtn for Partial Summary Judgment) (Klein, Buffey)
|
|
Filing 46
NOTICE of Attorney Appearance by Christopher R Richie on behalf of R. Braden Neiman. (Filer confirms contact info in ECF is current.) (Richie, Christopher)
|
|
Filing 45
Alternative Dispute Resolution Summary filed by Will Pryor. Attorneys in Attendance: Buffey Klein, John Lane, Craig Davis. Prv Fee: $ $2,850. Outcome of ADR: Parties were unable to reach a settlement. (Pryor, Will)
|
|
Filing 44
ORDER: Accordingly, the Court ORDERS Defendants attorney John M. Lane to pay damages to Plaintiff HTA Medical Portfolio 2, LLC in the amount of $2,076.00, and to Defendants Danny R. Bartel, M.D. and Diversified Management Services, LLC, collectively, in the amount of $3,400.00. The Court further finds that, in light of the sanctions imposed under Rule 16, additional sanctions under Rule 11 are not warranted to deter further similar conduct. See Jenkins v. Methodist Hospitals of Dallas, Inc., 478 F.3d 255, 265 (5th Cir. 2007) ([T]he district court should utilize the sanction that furthers the purposes of Rule 11 and is the least severe sanction adequate to such purpose.). (Ordered by Judge Reed C O'Connor on 10/29/2014) (trt)
|
|
Filing 43
RESPONSE filed by R. Braden Neiman, Sanjoy Sundaresan re: #42 Affidavit, #41 Notice (Other), (Lane, John)
|
|
Filing 42
AFFIDAVIT re #39 Order,, of Buffey Elizabeth Klein by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 41
NOTICE of Submission of Evidence of Damages re: #39 Order,, filed by Danny Bartel, Diversified Management Services, LLC (Attachments: #1 Affidavit(s) Exhibit 1, #2 Affidavit(s) Exhibit 2, #3 Affidavit(s) Exhibit 3) (Roberts, Ronald)
|
|
Filing 40
RESPONSE filed by R. Braden Neiman, Sanjoy Sundaresan re: #39 Order,, (Lane, John)
|
|
Filing 39
ORDER: The Court ORDERS Defendants' counsel Lane to pay the other parties' costs arising from the cancelled mediation. Plaintiff HTA Medical Portfolio 2, LLC and Defendants Danny Bartel and Diversified Management Services, LLC are ORDERED to submit evidence to the Court on or before October 27, 2014, on the issue of damages resulting from Defendants Sundaresan and Neiman's failure to attend mediation. The Court ORDERS Defendants' counsel Lane to show cause on or before October 27, 2014, demonstrating why he should not be sanctioned for knowingly presenting false information to the Court. (Ordered by Judge Reed C O'Connor on 10/22/2014) (plp)
|
|
Filing 38
RESPONSE filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company re: #36 Order Setting Deadline/Hearing, (Attachments: #1 Declaration(s), #2 Exhibit(s) A - Emails, #3 Exhibit(s) B - Confirmation and Invoice) (Klein, Buffey)
|
|
Filing 37
NOTICE of Agreed Extension of Mediation Deadlines filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman, Sanjoy Sundaresan (Roberts, Ronald) Modified text on 10/16/2014 (trt).
|
|
Filing 36
ORDER: The Court now ORDERS the parties HTA Medical Portfolio 2, LLC, Danny R. Bartel, and Diversified Management Services, LLC, to submit briefing on or by October 17, 2014, which states to the best of each partys knowledge whether the Sundaresan and Neiman Response to Sanctions has misrepresented the events leading to their failure to attend mediation. Responses due by 10/17/2014 (Ordered by Judge Reed C O'Connor on 10/6/2014) (trt)
|
|
Filing 35
NOTICE of Agreed Extension of Discovery Deadline re: #33 Scheduling Order, filed by Danny Bartel, Diversified Management Services, LLC, R. Braden Neiman, Sanjoy Sundaresan (Roberts, Ronald)
|
|
Filing 34
RESPONSE filed by R. Braden Neiman, Sanjoy Sundaresan re: #32 Order (Lane, John) Modified text on 10/6/2014 (trt).
|
|
Filing 33
AMENDED SCHEDULING ORDER: Jury Trial set on this Courts four-week docket beginning for 3/2/2015 in US Courthouse, Courtroom 222, 1000 Lamar Street, Wichita Falls, TX 76301-3431 before Judge Reed C O'Connor. Motions due by 11/10/2014. Deadline for mediation is on or before 11/3/2014. Discovery due by 10/10/2014. Pretrial Materials due by 2/5/2015. Pretrial Order due by 2/5/2015. (Ordered by Judge Reed C O'Connor on 10/1/2014) (trt)
|
|
Filing 32
ORDER: Based on the foregoing, the Court GRANTS Plaintiffs Motion to Compel Discovery Responses (ECF No. 26). The deadline for Defendants Sundaresan and Neiman to fully respond to the request for production served on June 3, 2014, is Friday, October 3, 2014. Further, the Court GRANTS Plaintiffs Motion for Continuance of Trial and Extension of Pretrial Deadlines (ECF No. 29). An amended scheduling order setting forth all unexpired deadlines will issue separately. Finally, in light of Defendant Sundaresan and Neimans failure to participate in mediation on August 11, 2014, the Court ORDERS Defendants Sundaresan and Neiman to each show cause why he should not be sanctioned for failure to comply with the Courts Scheduling Order and mandatory mediation, including without limitation, monetary sanctions and/or entry of judgment. The deadline for Defendants Sundaresan and Neiman to file a show cause brief is Friday, October 3, 2014. (Ordered by Judge Reed C O'Connor on 9/29/2014) (trt)
|
|
Filing 31
REPLY filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company re: #26 MOTION to Compel Discovery Responses (Klein, Buffey)
|
|
Filing 30
RESPONSE filed by R. Braden Neiman, Sanjoy Sundaresan re: #26 MOTION to Compel Discovery Responses (Brooks, John)
|
|
Filing 29
MOTION to Continue Trial and Extension of Pretrial Deadlines filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company (Attachments: #1 Proposed Order) (Klein, Buffey)
|
|
Filing 28
STATUS REPORT filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 27
ORDER: Before the Court is Plaintiffs Motion to Compel Discovery Responses, filed September 23, 2014 (ECF No. 26). The Certificate of Conference indicates that the motion is opposed. Having considered the motion, the Court concludes that expedited briefing is warranted. The deadline for Defendants response is Friday, September 26, 2014. The deadline for Plaintiff to file a reply, if any, is Monday, September 29, 2014. (Ordered by Judge Reed C O'Connor on 9/24/2014) (trt)
|
|
Filing 26
MOTION to Compel Discovery Responses filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company (Attachments: #1 Exhibit(s) A - Plaintiff's First Request for Production, #2 Proposed Order) (Klein, Buffey)
|
|
Filing 25
ORDER: The Court directs the parties to confer and submit a joint status report on or before Friday, September 26, 2014, regarding the outcome of the requisite mediation and the status of this civil action. (Ordered by Judge Reed C O'Connor on 9/19/2014) (plp)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:25. Fri Sep 19 11:46:47 CDT 2014 (crt)
|
|
Filing 24
NOTICE of Initial Disclosures filed by Danny Bartel, Diversified Management Services, LLC (Roberts, Ronald)
|
|
Filing 23
SCHEDULING ORDER: Bench Trial set for 12/1/2014 09:00 AM in US Courthouse, Courtroom 222, 1000 Lamar Street, Wichita Falls, TX 76301-3431 before Judge Reed C O'Connor. Motions due by 8/4/2014. Deadline for mediation is on or before 6/4/2014. Discovery due by 7/4/2014. Pretrial Materials due by 11/6/2014. Pretrial Order due by 11/6/2014. (Ordered by Judge Reed C O'Connor on 1/10/2014) (apy)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Fri Jan 10 08:33:48 CST 2014 (crt)
|
|
Filing 22
Amended STATUS REPORT (Joint) filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman, Sanjoy Sundaresan. (Klein, Buffey)
|
|
Filing 21
Order to Show Cause. On January 6, 2014, the Court ordered the parties to file, no later than January 7, 2014, an amended joint status report to cure deficiencies in the initial report submitted by the parties. See ECF No. 20, Order. The parties have failed to file the amended report. Accordingly, the Court orders the parties to submit a brief showing cause why they have disregarded the Courts January 6, 2014 Order, or to file the amended status report no later than 5:00 p.m. today. Show Cause Response due by 1/9/2014 no later than 5:00 p.m. (Ordered by Judge Reed C O'Connor on 1/9/2014) (trt)
|
|
Filing 20
ORDER: The Court has reviewed the Joint Status Report submitted by the parties and finds it deficient. Pursuant to the Court's Order Requiring Scheduling Conference and Report for Contents of Scheduling Order, the parties are to include in their joint status report the "estimated number of days required for trial and whether a jury has been demanded." While the parties state the trial should take two days, they fail to state whether a jury has been demanded. (Amended Joint Status Report due by 1/7/2014.) (Ordered by Judge Reed C O'Connor on 1/6/2014) (apy)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mon Jan 6 08:22:54 CST 2014 (crt)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Mon Jan 6 08:23:50 CST 2014 (crt)
|
|
Filing 19
Joint STATUS REPORT filed by Danny Bartel, Diversified Management Services, LLC, HTA Medical Portfolio 2, LLC, a Delaware limited liability company, R. Braden Neiman, Sanjoy Sundaresan. (Klein, Buffey)
|
|
Filing 18
ANSWER to Crossclaim filed by R. Braden Neiman, Sanjoy Sundaresan. Related document: #17 Answer to Complaint, Answer to Crossclaim, (trt)
|
|
Filing 17
Amended ANSWER to #1 Complaint,,,, #15 Answer to Amended Complaint, Crossclaim,, #10 Answer to Complaint, Crossclaim,, filed by Danny Bartel. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership., ANSWER to Crossclaim filed by Danny Bartel. Related document: #1 Complaint,,,, #15 Answer to Amended Complaint, Crossclaim,, #10 Answer to Complaint, Crossclaim,,, ANSWER to Crossclaim filed by Danny Bartel. Related document: #1 Complaint,,,, #15 Answer to Amended Complaint, Crossclaim,, #10 Answer to Complaint, Crossclaim,,, CROSSCLAIM against R. Braden Neiman, Sanjoy Sundaresan filed by Danny Bartel (Roberts, Ronald)
|
|
Filing 16
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party and any unrepresented party shall confer as soon as practicable, but in any event no later than 12/20/2013. Joint Report due by 1/3/2014. (Ordered by Judge Reed C O'Connor on 12/5/2013) (apy)
|
|
Filing 15
ANSWER to #6 Amended Complaint filed by R. Braden Neiman. 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. CROSSCLAIM against Danny Bartel filed by R. Braden Neiman. (apy)
|
|
Filing 14
ORDER: All Defendants have timely answered Plaintiff's Complaint, with the exception of R. Braden Neiman, M.D. According to the terms of his Waiver of Summons, the deadline for him to file a responsive pleading was 11/29/2013. The Court directs R. Braden Neiman to file a responsive pleading no later than 12/06/2013. (Ordered by Judge Reed C O'Connor on 12/5/2013) (apy)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Thu Dec 5 09:30:52 CST 2013 (crt)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Thu Dec 5 14:50:03 CST 2013 (crt)
|
|
***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Thu Dec 5 11:17:13 CST 2013 (crt)
|
|
Filing 13
WAIVER OF SERVICE Returned Executed as to R. Braden Neiman. Waiver sent on 11/25/2013. (Klein, Buffey)
|
|
Filing 12
ANSWER to #6 Amended Complaint, filed by Diversified Management Services, LLC. 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. (Attachments: #1 Declaration(s) Certificate of Interested Persons) (Roberts, Ronald)
|
|
Filing 11
ANSWER to #6 Amended Complaint, filed by Danny Bartel. 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. (Attachments: #1 Declaration(s) Certificate of Interested Persons) (Roberts, Ronald)
|
|
Filing 10
ORIGINAL ANSWER AND CROSSCLAIM to #1 Complaint filed by Sanjoy Sundaresan. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership., CROSSCLAIM against Danny Bartel filed by Sanjoy Sundaresan (trt)
|
|
Filing 9
SUMMONS Returned Executed as to Sanjoy Sundaresan ; served on 10/30/2013. (Klein, Buffey)
|
|
Filing 8
SUMMONS Returned Executed as to Danny Bartel ; served on 10/30/2013. (Klein, Buffey)
|
|
Filing 7
SUMMONS Returned Executed as to Diversified Management Services, LLC ; served on 10/30/2013. (Klein, Buffey)
|
|
Filing 6
AMENDED COMPLAINT against All Defendants filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Attachments: #1 Exhibit(s) A - Lease, #2 Exhibit(s) B- Guaranty, #3 Exhibit(s) C- Subleases) (Klein, Buffey)
|
|
Filing 5
ORDER: On the face of the Complaint, the Court is unable to determine whether it has subject matter jurisdiction, as Plaintiff has failed to allege the citizenship of the members of the limited liability company. Accordingly, the Court directs Plaintiff to amend its Complaint no later than NOVEMBER 4, 2013, setting forth allegations regarding the citizenship of the members of HTA Medical Portfolio 2, LLC, absent which the Court will dismiss this civil action for lack of subject matter jurisdiction. (Ordered by Judge Reed C O'Connor on 10/28/2013) (apy)
|
|
Filing 4
Summons Issued as to All Defendants. (apy)
|
|
Filing 3
New Case Notes: A filing fee has been paid. File to Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Roach). Clerk to provide copy to plaintiff if not received electronically. (apy)
|
|
Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Klein, Buffey)
|
|
Filing 1
COMPLAINT against All Defendants filed by HTA Medical Portfolio 2, LLC, a Delaware limited liability company. (Filing fee $400; Receipt number 0539-5649566) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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 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 (Attachments: #1 Cover Sheet, #2 Exhibit(s) A - Lease, #3 Exhibit(s) B- Guaranty, #4 Exhibit(s) C- Subleases) (Klein, Buffey)
|
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.
