Callidus Capital Corporation v. Esco Marine, Inc. et al
| Callidus Capital Corporation |
| Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Texas Best Recycling, LLC, Texas Best Equipment, LLC, Richard Jaross, EMJ Holdings, LLC, Elka Jaross, Andrew Levy, Redstone Capital Corporation, Alberto Garcia and John Kristopher Wood |
| 1:2014cv00270 |
| December 30, 2014 |
| US District Court for the Southern District of Texas |
| Brownsville Office |
| Cameron |
| Hilda G Tagle |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.
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Filing 150
MEMORANDUM AND ORDER denying #141 MOTION to Reopen Case for Purpose of Enforcing Settlement Agreement Against Defendant Andrew Levy, #144 Sealed Response, #146 Sealed Document (Signed by Judge Hilda G Tagle) Parties notified.(jtabares, 1)
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| Filing 149 NOTICE of Vacation for Nathaniel Peter Holzer by Callidus Capital Corporation, filed. (Holzer, Nathaniel) |
| Filing 148 NOTICE of Vacation for Nathaniel Peter Holzer by Callidus Capital Corporation, filed. (Holzer, Nathaniel) |
| Filing 147 SEALED RESPONSE re: #146 Sealed Document by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit 1) (Holzer, Nathaniel) |
| Filing 146 SEALED DOCUMENT by Andrew Levy, filed. (Attachments: #1 Exhibit 1) (Bishop, Brent) |
| Filing 145 SEALED DOCUMENT SEALED Reply Brief in Support of Motion to Reopen Case for Purpose of Enforcing Settlement Agreement Against Defendant Andrew Levy by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Holzer, Nathaniel) |
| Filing 144 SEALED RESPONSE in Opposition to re: #141 MOTION to Reopen Case for Purpose of Enforcing Settlement Agreement Against Defendant Andrew Levy by Andrew Levy, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order) (Bishop, Brent) |
| Filing 143 STIPULATION re: Joint Stipulation and Proposed Order Extending Time to Respond to Motion to Reopen Case for Purpose of Enforcing Settlement Agreement Against Defendant Andrew Levy by Callidus Capital Corporation, filed.(Holzer, Nathaniel) |
| Filing 142 SEALED EXHIBITS re: #141 MOTION to Reopen Case for Purpose of Enforcing Settlement Agreement Against Defendant Andrew Levy by Callidus Capital Corporation, filed. (Holzer, Nathaniel) |
| Filing 141 MOTION to Reopen Case for Purpose of Enforcing Settlement Agreement Against Defendant Andrew Levy by Callidus Capital Corporation, filed. Motion Docket Date 4/18/2019. (Attachments: #1 Exhibit 1 (Filed under seal), #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Holzer, Nathaniel) |
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Filing 140
ORDER regarding #139 Stipulation of Dismissal. In accordance with the Stipulation and Rule 41, the Court ORDERS that the claims, counterclaims, defenses, affirmative defenses, and any pending motions in the above-captioned case are DISMISSED WITH PREJUDICE. The Court further ORDERS that it shall retain jurisdiction to enforce the Agreed Protective Order and to enforce the terms of resolution among Parties in this case. The Clerk of the Court is DIRECTED to close the case.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)
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| Filing 139 STIPULATION of Dismissal by Callidus Capital Corporation, filed.(Jordan, Shelby) |
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Filing 138
Order entered by the Court. The Court hereby Orders Parties to electronically file the exhibits that they intend to offer at trial no later than September 5, 2017. Parties may file under seal any documents that are covered by the Court's December 28, 2016 Agreed Protective Order dkt no. #94 (Signed by Judge Hilda G Tagle) Parties notified.(dbenavides, 1)
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Filing 137
ORDER denying #130 Motion for Leave to File.Additionally, and further to its July 7, 2017 Order, Dkt. No. 135, the Court hereby: RESETS the Final Pretrial Conference in this action as a telephonic hearing scheduled for 10:00 a.m. on September 15, 2017, and DIRECTS the parties to call the conference line at (956) 982-9675 at least five minutes prior to the scheduled hearing; and RESETS the bench trial in this case for 9:00 a.m. in the Brownsville Division on September 25, 2017.(Signed by Judge Hilda G Tagle) Parties notified.(dbenavides, 1)
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| ***Set/Reset Deadlines/Hearings: Bench Trial set for 9/25/2017 at 09:00 AM before Judge Hilda G Tagle. Telephone Conference set for 9/15/2017 at 10:00 AM before Judge Hilda G Tagle (dbenavides, 1) |
| Filing 136 OBJECTIONS to #130 Opposed MOTION for Leave to File Second Amended Counterclaims Against Plaintiff , filed by Callidus Capital Corporation. (Attachments: #1 Proposed Order)(Holzer, Nathaniel) |
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Filing 135
ORDER granting #134 Emergency Joint Motion for Continuance. The Court will reset the Final Pretrial Conference and a date for the start of trial in this case in a subsequent order, for dates after August 31, 2017. The Court also RESETS the parties' deadline to file objections to objected-to witness and exhibit lists to 5:00 p.m. on September 5, 2017, and ORDERS the parties to cite to specific rules of law and procedure in support of each such objection offered. The Court additionally RESETS Defendants' deadline to file a document with the Court identifying the sections of Plaintiff's Proposed Final Pretrial Order which they object to by 5:00 p.m. on September 5, 2017. Nothing in this Order alters Plaintiff's current deadline to respond to Defendants' opposed motion to amend their complaint, which is July 17, 2017. (Signed by Judge Hilda G Tagle) Parties notified. (mperez, 1)
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| Filing 134 Joint MOTION for Continuance of trial scheduled for July 18, 2017, Joint EMERGENCY MOTION( Motion Docket Date 7/27/2017.) by Callidus Capital Corporation, filed. (Attachments: #1 Proposed Order)(Holzer, Nathaniel) |
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Filing 133
ORDER denying #95 Sealed Motion to Overrule Objections and to Compel Plaintiff to Respond to Written Discovery. Rather than strike these orders, the Court ORDERS Defendants to file a document with the Court identifying the sections of Plaintiffs Proposed Final Pretrial Order they object to, by July 10, 2017 at 5:00 p.m. FINAL PRETRIAL CONFERENCE is reset for 7/17/17 at 2:00 P.M. BENCH TRIAL to commence 7/18/17 at 8:30 A.M. (Signed by Judge Hilda G Tagle) Parties notified.(mperez, 1) Modified on 7/5/2017 (scavazos, 1).
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| ***Set/Reset Hearings:, ***Set/Reset Deadlines/Hearings: Bench Trial set for 7/18/2017 at 08:30 AM in Courtroom 3 before Judge Hilda G Tagle Pretrial Conference set for 7/17/2017 at 02:00 PM in Courtroom 3 before Judge Hilda G Tagle (mperez, 1) |
| Filing 132 Proposed Pretrial Order by Callidus Capital Corporation (Attachments: #1 Exhibit Exhibits List, #2 Exhibit Witness List)(Holzer, Nathaniel) |
| Filing 131 Proposed Pretrial Order by EMJ Holdings, LLC, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation (Attachments: #1 Exhibit 1 Exhibits List, #2 Exhibit 2 Witness List)(Bishop, Brent) |
| Filing 130 Opposed MOTION for Leave to File Second Amended Counterclaims Against Plaintiff by Richard Jaross, filed. Motion Docket Date 7/17/2017. (Attachments: #1 Exhibit A)(Rodriguez, Edward) |
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Filing 129
ORDER denying #119 Sealed Motion; granting #120 Motion for Summary Judgment and DISMISSES Garcia from this action; denying #121 Motion for Partial Summary Judgment.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)
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Filing 128
ORDER GRANTING #127 Motion to Modify Scheduling Order. Parties to file Joint Pretrial Report by June 26, 2017..(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)
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| Filing 127 Agreed MOTION to Modify Scheduling Order as to #100 Order, by Callidus Capital Corporation, filed. Motion Docket Date 6/20/2017. (Attachments: #1 Proposed Order)(Holzer, Nathaniel) |
| Filing 126 Sealed Event, filed. (With attachments) |
| Filing 125 NOTICE of Resetting. Parties notified. Final Pretrial Conference reset for 7/10/2017 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle, filed. (scavazos, 1) |
| Filing 124 Sealed Event, filed. (With attachments) |
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Filing 123
ORDER GRANTS #122 Stipulation. The Court DIRECTS the Clerk to unseal its March 30, 2017 Order. (Signed by Judge Hilda G Tagle) Parties notified.(scastillo, 1) Modified on 4/21/2017 (scastillo, 1). (Main Document 123 replaced on 4/21/2017) (scastillo, 1).
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| Filing 122 STIPULATION re: Agreement and Order Regarding Extention of Deadlines to Respond to Motions by Callidus Capital Corporation, filed.(Jordan, Shelby) |
| Filing 121 MOTION for Partial Summary Judgment by Richard Jaross, Andrew Levy, filed. Motion Docket Date 4/28/2017. (Nicolas, Sarah) |
| Filing 120 MOTION for Summary Judgment by Alberto Garcia, filed. Motion Docket Date 4/28/2017. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Nicolas, Sarah) |
| Filing 119 Sealed Event, filed. (With attachments) |
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Filing 118
ORDER denying #81 Motion to Compel Deposition of Newton Glassman; and granting #114 Opposed Motion for Leave to File Motion to Extend Discovery to the extent that the Court will allow Defendants to take deposition of (1) Plaintiff's corporate representative pursuant to Rule 30(b)(6) on 3-30-17, or on another date mutually agreed to by the parties on or before 4-28-17, and (ii) Plaintiff's former employee Craig Boyer in Windsor, Canada on 4-7-17, or on another date mutually agreed to by the parties on or before 4-28-17. (Signed by Judge Hilda G Tagle) Parties notified. (rnieto, 1)
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| Filing 117 SURREPLY in Opposition to Plaintiff's #69 MOTION for Partial Summary Judgment, filed by EMJ Holdings, LLC, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation. (ltien, 4) |
| Filing 116 Sealed Order, filed. Modified on 5/1/2017 (smurdock, 4). unsealed per #123 |
| Filing 115 RESPONSE to #114 Opposed MOTION for Leave to File Motion to Extend Discovery filed by Callidus Capital Corporation. (Attachments: #1 Proposed Order, #2 Proposed Order)(Holzer, Nathaniel) |
| Filing 114 Opposed MOTION for Leave to File Motion to Extend Discovery by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 3/27/2017. (Attachments: #1 Exhibit Motion to Extend Discovery, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Affidavit Affidavit, #5 Exhibit Exhibit A, #6 Exhibit Exhibit B, #7 Proposed Order Extend Discovery)(Rodriguez, Edward) |
| Filing 113 REPLY in Support of #101 Opposed MOTION Defendants' Motion to Remove "Attorneys' Eyes Only" Designation from Certain Documents Produced by Plaintiff, filed by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation. (Rodriguez, Edward) |
| Filing 112 Amended RESPONSE to #108 MOTION Defendants' Opposed Motion for Leave to Supplement Evidence in Opposition to Plaintiff's Motion for Summary Judgment , filed by Callidus Capital Corporation. (Holzer, Nathaniel) |
| Filing 111 RESPONSE to #108 MOTION Defendants' Opposed Motion for Leave to Supplement Evidence in Opposition to Plaintiff's Motion for Summary Judgment , filed by Callidus Capital Corporation. (Holzer, Nathaniel) |
| Filing 110 RESPONSE to #101 Opposed MOTION Defendants' Motion to Remove "Attorneys' Eyes Only" Designation from Certain Documents Produced by Plaintiff filed by Callidus Capital Corporation. (Attachments: #1 Proposed Order)(Holzer, Nathaniel) |
| Filing 109 Sealed Event, filed. |
| Filing 108 MOTION Defendants' Opposed Motion for Leave to Supplement Evidence in Opposition to Plaintiff's Motion for Summary Judgment by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 2/17/2017. (Nicolas, Sarah) |
| Filing 107 Sealed Event, filed. |
| Filing 106 Opposed SUPPLEMENT to #81 Opposed MOTION to Compel Deposition of Newton Glassman by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. (Attachments: #1 Exhibit Exhibit A)(Nicolas, Sarah) |
| Filing 105 Sealed Event, filed. |
| Filing 104 Opposed SUPPLEMENT to #95 Sealed Event by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Nicolas, Sarah) |
| Filing 103 Opposed PROPOSED ORDER Granting Defendants' Motion to Remove "Attorneys' Eyes Only" Designation from Certain Documents Produced by Plaintiff re: #101 Opposed MOTION Defendants' Motion to Remove "Attorneys' Eyes Only" Designation from Certain Documents Produced by Plaintiff, filed.(Nicolas, Sarah) |
| Filing 102 Sealed Event, filed. |
| Filing 101 Opposed MOTION Defendants' Motion to Remove "Attorneys' Eyes Only" Designation from Certain Documents Produced by Plaintiff by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 2/13/2017. (Nicolas, Sarah) |
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Filing 100
Order entered by the Court. The Court Resets the following deadlines :Discovery due by 3/6/2017. Dispositive Motion Filing due by 4/7/2017. Joint Pretrial Order due by 6/8/2017.Final Pretrial Conference is set for 2:00 p.m. in the Corpus Christi Division on June 22, 2017. Jury Selection will be determined at the Final Pretrial Conference.(Signed by Judge Hilda G Tagle) Parties notified.(dbenavides, 1)
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| Filing 99 RESPONSE to #96 Opposed MOTION Defendants' Opposed Motion to Extend Discovery Deadline filed by Callidus Capital Corporation. (Attachments: #1 Proposed Order)(Jordan, Shelby) |
| Filing 98 RESPONSE to #95 Sealed Event filed by Callidus Capital Corporation. (Attachments: #1 Proposed Order)(Jordan, Shelby) |
| Filing 97 Opposed MOTION for Leave to File DEFENDANTS SUR-REPLY IN OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGEMENT by EMJ Holdings, LLC, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 2/3/2017. (Attachments: #1 Exhibit DEFENDANTS SUR-REPLY IN OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGEMENT, #2 Proposed Order Granting)(Rodriguez, Edward) |
| Filing 96 Opposed MOTION Defendants' Opposed Motion to Extend Discovery Deadline by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 1/20/2017. (Nicolas, Sarah) |
| Filing 95 Sealed Event, filed. |
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Filing 94
AGREED PROTECTIVE ORDER (Signed by Judge Hilda G Tagle) Parties notified.(lrivera, 2)
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| Filing 93 Agreed PROPOSED ORDER Protective Order, filed.(Rodriguez, Edward) |
| Filing 92 RESPONSE to #87 MOTION Defendants' Objections to Plaintiff's Summary Judgment Evidence , filed by Callidus Capital Corporation. (Attachments: #1 Proposed Order)(Jordan, Shelby) |
| Filing 91 REPLY in Support of #69 MOTION for Summary Judgment as to Defendants' Amended Counterclaims/Affirmative Defenses MOTION for Partial Summary Judgment as to Count 1 of Plaintiff's Amended Complaint, filed by Callidus Capital Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Jordan, Shelby) |
| Filing 90 NOTICE of Resetting. Parties notified. Final Pretrial Conference reset for 4/10/2017 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle, filed. (scavazos, 1) |
| Filing 89 REPLY in Support of #81 Opposed MOTION to Compel Deposition of Newton Glassman, filed by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation. (Attachments: #1 Exhibit Exhibit 1)(Rodriguez, Edward) |
| Filing 88 RESPONSE in Opposition to #69 MOTION for Summary Judgment as to Defendants' Amended Counterclaims/Affirmative Defenses MOTION for Partial Summary Judgment as to Count 1 of Plaintiff's Amended Complaint, filed by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation. (Attachments: #1 Affidavit Exhibit 1, #2 Affidavit Exhibit 2, #3 Affidavit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15)(Rodriguez, Edward) |
| Filing 87 MOTION Defendants' Objections to Plaintiff's Summary Judgment Evidence by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 12/21/2016. (Nicolas, Sarah) |
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Filing 86
ORDER granting #85 MOTION Defendants' Unopposed Motion for Leave to Exceed Page Limits.(Signed by Judge Hilda G Tagle) Parties notified.(gkelner, 4)
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| Filing 85 MOTION Defendants' Unopposed Motion for Leave to Exceed Page Limits by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 12/19/2016. (Attachments: #1 Proposed Order Order Granting Defendants' Unopposed Motion for Leave to Exceed Page Limits)(Nicolas, Sarah) |
| Filing 84 RESPONSE in Opposition to #81 Opposed MOTION to Compel Deposition of Newton Glassman, filed by Callidus Capital Corporation. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Jordan, Shelby) |
| Filing 83 Letter Rogatory Issued as to the Judicial Authorities of the Ontario Superior Court of Justice, filed. (wbostic, 4) |
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Filing 82
ORDER granting #80 Motion for Issuance of Letters Rogatory.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)
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| Filing 81 Opposed MOTION to Compel Deposition of Newton Glassman by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 11/18/2016. (Attachments: #1 Proposed Order Order Granting Defendants' Motion to Compel Deposition of Newton Glassman)(Nicolas, Sarah) |
| Filing 80 Unopposed MOTION for Issuance of Letters Rogatory by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 11/18/2016. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Order Granting Defs' Unopposed Mtn for Issuance of Letter Rogatory)(Nicolas, Sarah) |
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Filing 79
ORDER granting in part #76 Motion for Emergency.(1). Defendants must respond to Plaintiff's Motion for Summary Judgment by November 30, 2016. Additionally, the Court RESESTS the current scheduling order, Dkt No. 74, as follows: (2). Discovery must be completed by January 23, 2017; (3) Dispositive Motions will be filed by January 30, 2017; (4) the Deadline for filing pretrial motions to comply with Rule 16(b)(3)(A) is March 20, 2017; (5)Joint Pretrial Order is due March 20, 2017; (6) Docket Call and Final Pretrial Conference is set for April 6, 2017 at 1:30 p.m. (Signed by Judge Hilda G Tagle) Parties notified.(jtabares, 1)
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| ***Set/Reset Scheduling Order and Trial Settings: Discovery due by 1/23/2017. Dispositive Motion Filing due by 1/30/2017. Pretrial Motion Filing due by 3/20/2017. Responses to Plaintiff's Motion for Summary Judgment due by 11/30/2016. Joint Pretrial Order due by 3/20/2017. Docket Call and Final Pretrial Conference set for 4/6/2017 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle (jtabares, 1) |
| Filing 78 RESPONSE to #76 Opposed EMERGENCY MOTION , filed by Callidus Capital Corporation. (Attachments: #1 Proposed Order)(Holzer, Nathaniel) |
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Filing 77
ORDER entered. As Defendants' motion is opposed, the Court wishes to hear from Plaintiff before ruling, in particular on its cause for opposing Defendants' motion. The Court therefore ORDERS Plaintiff to file a response to Defendants' instant motion, if any, by 5:00 pm on September 22, 2016. (Signed by Judge Hilda G Tagle) Parties notified.(jtabares, 1)
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| Filing 76 Opposed EMERGENCY MOTION by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 10/11/2016. (Attachments: #1 Affidavit Exhibit 1 Affidavit, #2 Exhibit Exhibit 2, #3 Proposed Order Proposed Order)(Rodriguez, Edward) |
| Filing 75 Alternative Dispute Resolution Memorandum; case not settled, filed.(Holzer, Nathaniel) |
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Filing 74
ORDER granting #73 Motion for Extension of Time Discovery due by 10/21/2016. Dispositive Motion Filing due by 11/1/2016. The deadline for filing pretrial motions to comply with Rule 16(b)(3)(A) is 2/16/2017; Joint Pretrial Order due by 2/16/2017. Docket Call and Final Pretrial Conference set for 3/2/2017 at 01:30 PM before Judge Hilda G Tagle.(Signed by Judge Hilda G Tagle) Parties notified.(dnoriega, 1)
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| Filing 73 Agreed MOTION for Extension of Time discovery and dispositive motions by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 9/22/2016. (Rodriguez, Edward) |
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Filing 72
ORDER granting #70 Motion for Extension of Time. The Court therefore GRANTS Defendants motion for an extension, Dkt. No. 70, and ORDERS Defendants to respond to Plaintiffs motion for summary judgment by September 12, 2016. Responses due by 9/12/2016.(Signed by Judge Hilda G Tagle) Parties notified.(avleal, 1)
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| Filing 71 MOTION for Extension of Time Request for Immediate Relief and Ruling on Motion to Extend Time(see Document 70) by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 8/4/2016. (Rodriguez, Edward) |
| Filing 70 MOTION for Extension of Time To Respond to Document 69 by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed. Motion Docket Date 8/4/2016. (Attachments: #1 Affidavit Affidavit in Support, #2 Proposed Order Order Granting)(Rodriguez, Edward) |
| Filing 69 MOTION for Summary Judgment as to Defendants' Amended Counterclaims/Affirmative Defenses ( Motion Docket Date 7/20/2016.), MOTION for Partial Summary Judgment as to Count 1 of Plaintiff's Amended Complaint by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Proposed Order)(Jordan, Shelby) |
| Filing 68 ANSWER to #67 Amended Complaint/Counterclaim/Crossclaim etc. by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit 1)(Jordan, Shelby) |
| Filing 67 First AMENDED COUNTERCLAIM against All Plaintiffs filed by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation.(Rodriguez, Edward) |
| Filing 66 ANSWER to #64 Amended Complaint/Counterclaim/Crossclaim etc., by EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, filed.(Rodriguez, Edward) |
| Filing 65 NOTICE of Appearance by Sarah A. Nicolas on behalf of EMJ Holdings, LLC, Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood, filed. (Rodriguez, Edward) |
| Filing 64 First AMENDED COMPLAINT against EMJ Holdings, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation filed by Callidus Capital Corporation. Related document: #1 Complaint, filed by Callidus Capital Corporation.(Holzer, Nathaniel) |
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Filing 63
SCHEDULING ORDER. ETT: 6 days. Bench. Amended Pleadings due by 3/4/2016. Defendants will file their responsive pleading by 3/18/16 Plaintiff will file its Responses to Defendants' pleading by due by 3/31/2016. Pltf Expert Witness List due by 6/1/2016. Pltf Expert Report due by 6/1/2016. Deft Expert Witness List due by 7/15/2016. Deft Expert Report due by 7/15/2016. Discovery due by 8/31/2016. Mediation due by 9/16/2016. Dispositive Motion Filing due by 9/30/2016. Deadline for filing pretrial motions to comply with Rule 16(b)(3)(A): due by 12/15/2016. Joint Pretrial Order due by 12/15/2016. Docket Call and Final Pretrial Conference set for 1/5/2017 at 01:30 PM in Courtroom 3 before Judge Hilda G Tagle(Signed by Judge Hilda G Tagle) Parties notified.(jtabares, 1)
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| Filing 62 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Callidus Capital Corporation, filed.(Jordan, Shelby) |
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Filing 61
ORDER granting #60 Motion for Extension of Time Joint Discovery/Case Management Plan due by 2/22/2016. (Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)
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| Filing 60 Agreed MOTION for Extension of Time FILE JOINT DISCOVERY/CASE MANAGEMENT PLAN by Callidus Capital Corporation, filed. Motion Docket Date 3/4/2016. (Attachments: #1 Proposed Order)(Holzer, Nathaniel) |
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Filing 59
ORDER entered. The Automatic Stay under 11 U.S.C. 362 is LIFTED. The Court therefore DENIES AS MOOT Callidus's motion for preliminary injunction #3 , and DENIES AS MOOT Defendant's motion for preliminary injunction #33 . The Court ORDERS the parties to conduct a discovery conference pursuant to FRCP 26(f) and to submit a Joint Discovery/Case Management Plan within 30 days following entry of this order. (Signed by Judge Hilda G Tagle) Parties notified.(rnieto, 1)
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| Filing 58 STATUS REPORT by Callidus Capital Corporation, filed.(Holzer, Nathaniel) |
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Filing 57
ORDER denying as moot #39 Motion to Appoint ; granting #49 Motion to Substitute Attorney ; granting #56 Motion to Dismiss..(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)
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| Filing 56 Joint MOTION to Dismiss JOINT MOTION OF PLAINTIFF CALLIDUS CAPITAL CORPORATION AND ALL DEBTOR-DEFENDANTS TO DISMISS THEIR CLAIMS AND COUNTERCLAIMS AGAINST EACH OTHER ONLY AND TO AMEND CASE STYLEfiled by CALLIDUS CAPITAL CORPORATION, ESCO MARINE, INC., ESCO METALS, LLC, ESCO SHREDDING, LLC, TEXAS BEST RECYCLING, LLC, and TEXAS BEST EQUIPMENT, LLC by Callidus Capital Corporation, filed. Motion Docket Date 11/17/2015. (Attachments: #1 Proposed Order)(Holzer, Nathaniel) |
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Filing 55
ORDER granting #52 Motion to Appear Pro Hac Vice as to Doron Yitzchaki.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)
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Filing 54
ORDER granting #53 Motion to Appear Pro Hac Vice as to Michael C. Hammer.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)
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| Filing 53 MOTION for Michael C. Hammer to Appear Pro Hac Vice by Callidus Capital Corporation, filed. Motion Docket Date 9/9/2015. (Holzer, Nathaniel) (Additional attachment(s) added on 8/20/2015: #1 verification of attorney license) (rnieto, 1). |
| Filing 52 MOTION for Doron Yitzchaki to Appear Pro Hac Vice by Callidus Capital Corporation, filed. Motion Docket Date 9/9/2015. (Holzer, Nathaniel) (Additional attachment(s) added on 8/20/2015: #1 Verification of attorney license) (rnieto, 1). |
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Filing 51
ORDER regarding #50 Joint Response of All Parties to the Courts Order to Clarify Agreed Dismissal of John Kristopher Wood. In accordance with the joint motion and Rule 41(a), the Court DIRECTS the Clerk to dismiss Defendant/Counter-Plaintiff Wood from the proceedings. The stay remains in effect pending bankruptcy proceedings. John Kristopher Wood (Esco Marine's Chief Operating Officer and Vice President of Administration) and John Kristopher Wood (Esco Marine's Chief Operating Officer and Vice President of Administration) terminated. (Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)
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| Filing 50 STATEMENT JOINT RESPONSE OF ALL PARTIES TO THE COURTS ORDER [Dkt. #48] TO CLARIFY AGREED DISMISSAL OF JOHN KRISTOPHER WOOD re: #48 Order, by Callidus Capital Corporation, filed. (Attachments: #1 Proposed Order)(Holzer, Nathaniel) |
| Filing 49 MOTION to Substitute Attorney Shelby A. Jordan in place of Bradley J. Benoit by Callidus Capital Corporation, filed. Motion Docket Date 8/26/2015. (Attachments: #1 Proposed Order)(Jordan, Shelby) |
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Filing 48
ORDER entered. The Court ORDERS the parties to clarify any intentionsregarding Woods dismissal within ten days following the entry of this order. The Court further ORDERS the parties to address the effect of the pending bankruptcy and the Courts ability to take action in this case while stayed.(Signed by Judge Hilda G Tagle) Parties notified.(scastillo, 1)
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| Filing 47 STIPULATION of Dismissal of Certain Claims and Counterclaims by Callidus Capital Corporation, filed.(McBride, Ralph) |
| Filing 46 STATUS REPORT by Callidus Capital Corporation, filed.(Benoit, Bradley) |
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Filing 45
ORDER entered. The Court ORDERS the parties to confer and file a joint status report regarding the bankruptcy action on or before May 11, 2015. The Court CANCELS any settings in this case, including the hearing on Plaintiff's Motion for Appointment of a Receiver set for March 9, 2015. (Status Report due by 5/11/2015), Deadlines terminated.(Signed by Judge Hilda G Tagle) Parties notified.(avleal, 1)
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| Filing 44 NOTICE of Filing of Bankruptcy by EMJ Holdings, LLC, Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood, filed. (Attachments: #1 Exhibit A (Notice of Filing))(Hudson, Erin) |
| Filing 43 ANSWER to #34 Counterclaim, by Callidus Capital Corporation, filed.(Benoit, Bradley) |
| Filing 42 RESPONSE to #39 EMERGENCY MOTION MOTION for Appointment of Receiver , filed by EMJ Holdings, LLC, Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood. (Attachments: #1 Exhibit A)(Hudson, Erin) |
| Filing 40 REPLY in Support of #33 EMERGENCY MOTION MOTION for Temporary Restraining Order, filed by EMJ Holdings, LLC, Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood. (Attachments: #1 Affidavit of A. Garcia)(Hudson, Erin) |
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Filing 41
ORDER re #39 EMERGENCY MOTION MOTION for Appointment of Receiver. Defendant is ORDERED to submit a response to Plaintiffs motion, if any, by5:00 p.m. on March 6, 2015. (Responses due by 3/6/2015.)(Signed by Judge Hilda G Tagle) Parties notified.(sbejarano, 1)
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| Filing 39 EMERGENCY MOTION( Motion Docket Date 3/24/2015.), MOTION for Appointment of Receiver by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit B-1, #5 Exhibit B-2, #6 Exhibit B-3, #7 Proposed Order)(Benoit, Bradley) |
| Filing 38 NOTICE of Resetting. Parties notified. (TIME CHANGE ONLY) Motion Hearing reset for 3/9/2015 at 1:30 PM in Courtroom 3 before Judge Hilda G Tagle, filed. (scavazos, 1) |
| Filing 37 RESPONSE in Opposition to #33 EMERGENCY MOTION MOTION for Temporary Restraining Order, filed by Callidus Capital Corporation. (Benoit, Bradley) |
| ***Set/Reset Deadlines/Hearings: Motion Hearing set for 3/9/2015 at 09:30 AM in Courtroom 3 before Judge Hilda G Tagle (sbejarano, 1) |
| Filing 36 SUPPLEMENTAL Update to #3 MOTION for Temporary Restraining Order by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(sbejarano, 1) |
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Filing 35
ORDER Granting #32 Unopposed MOTION for Leave to File. The Court further DIRECTS the Clerk of Court to file the supplemental update and related exhibits attached to Plaintiffs motion. The Court Denies Defendant's request for a TRO and Denies in part Defendants' Motion #33 EMERGENCY MOTION MOTION for Temporary Restraining Order. The Court will have a hearing on both Plaintiffs and Defendants motions and thus SETS a hearing for March 9, 2015, at 9:30 a.m.( Hearing set for 3/9/2015 at 09:30 AM at Courtroom 3 before Judge Hilda G Tagle)(Signed by Judge Hilda G Tagle) Parties notified.(sbejarano, 1)
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| Filing 34 COUNTERCLAIM against All Plaintiffs filed by Alberto Garcia, EMJ Holdings, LLC, John Kristopher Wood, Esco Shredding, LLC, Esco Metals, LLC., Richard Jaross, Elka Jaross, Esco Marine, Inc., Texas Best Recycling, LLC, Redstone Capital Corporation, Andrew Levy, Texas Best Equipment, LLC.(Rodriguez, Edward) |
| Filing 33 EMERGENCY MOTION, MOTION for Temporary Restraining Order( Motion Docket Date 3/6/2015.) by EMJ Holdings, LLC, Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order)(Rodriguez, Edward) |
| Filing 32 Unopposed MOTION for Leave to File Supplemental Update Regarding Plaintiff's Motion for Preliminary Injunction by Callidus Capital Corporation, filed. Motion Docket Date 3/5/2015. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Benoit, Bradley) |
| Filing 31 REPLY to Response to #3 MOTION for Temporary Restraining Order, filed by Callidus Capital Corporation. (Attachments: #1 Exhibit A-Declaration of Craig L Boyer)(Benoit, Bradley) |
| Filing 30 ANSWER to #1 Complaint, by EMJ Holdings, LLC, Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood, filed.(Rodriguez, Edward) |
| Filing 29 RESPONSE in Opposition to #3 MOTION for Temporary Restraining Order, filed by EMJ Holdings, LLC, Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood. (Attachments: #1 Exhibit A, Affidavit of J.K. Wood, #2 Exhibit B, Affidavit of A. Garcia, #3 Exhibit C, Affidavit of A. Levy, #4 Exhibit D)(Hudson, Erin) |
| Filing 28 Notice of Filing of Official Transcript as to #27 Transcript. Party notified, filed. (rnieto, 1) |
| Filing 27 TRANSCRIPT re: MOTION HEARING held on 1/6/15 before Judge Hilda G Tagle. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party ERIN HUDSON Release of Transcript Restriction set for 4/13/2015., filed. (thudson, ) |
| Filing 26 AO 435 TRANSCRIPT ORDER FORM by Erin A. Hudson. This is to order a transcript of Motion Hearing held on 1/6/2015 before Judge Hilda G Tagle (original). Court Reporter/Transcriber: Transcriber, filed. (avleal, 1) Modified on 1/9/2015 (avleal, 1). Electronically forwarded to Exceptional 1/9/15, Modified on 1/9/2015 (mperez, 1). |
| Filing 25 AO 435 TRANSCRIPT ORDER FORM by Bradley J. Benoit. This is to order a transcript of Motion Hearing on Motion for Reconsideration held on 1/6/15 before Judge Hilda G Tagle (copy). Court Reporter/Transcriber: ERO filed.(Benoit, Bradley) Electronically forwarded to Exceptional 1/9/15, Modified on 1/9/2015 (jtabares, 1). Modified on 1/9/2015 (mperez, 1). |
| Filing 24 RETURN of Service of SUMMONS Executed as to Andrew Levy served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 23 RETURN of Service of SUMMONS Executed as to John Kristopher Wood served on 1/3/2015, answer due 1/26/2015, filed.(Benoit, Bradley) |
| Filing 22 RETURN of Service of SUMMONS Executed as to Richard Jaross served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 21 RETURN of Service of SUMMONS Executed as to Elka Jaross served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 20 RETURN of Service of SUMMONS Executed as to Alberto Garcia served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 19 RETURN of Service of SUMMONS Executed as to Texas Best Recycling, LLC served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 18 RETURN of Service of SUMMONS Executed as to Texas Best Equipment, LLC served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 17 RETURN of Service of SUMMONS Executed as to Redstone Capital Corporation served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 16 RETURN of Service of SUMMONS Executed as to EMJ Holdings, LLC served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 15 RETURN of Service of SUMMONS Executed as to Esco Shredding, LLC served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 14 RETURN of Service of SUMMONS Executed as to Esco Metals, LLC. served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 13 RETURN of Service of SUMMONS Executed as to Esco Marine, Inc. served on 1/2/2015, answer due 1/23/2015, filed.(Benoit, Bradley) |
| Filing 12 RESPONSE to #10 EMERGENCY MOTION MOTION for Reconsideration of #9 Order on Motion for Temporary Restraining Order, filed by EMJ Holdings, LLC. (Rodriguez, Edward) |
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Filing 11
ORDER entered. It is ORDERED that a hearing on Plaintiff's Motion for Temporary Restraining Order is set before the Court at 3:00 pm, January 6, 2015, at the U.S. Courthouse in Brownsville, TX (Signed by Judge Hilda G Tagle) Parties notified.(rnieto, 1)
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| Filing 10 EMERGENCY MOTION( Motion Docket Date 1/27/2015.), MOTION for Reconsideration of #9 Order on Motion for Temporary Restraining Order, by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit A, #2 Proposed Order)(Benoit, Bradley) |
| Minute Entry for proceedings held before Judge Hilda G Tagle. MOTION HEARING held on 1/6/2015. Case called. All parties present. The Court addressed counsel. Counsel given thirty minutes to address the Court regarding Plaintiff's Emergency Motion for Reconsideration. The Court after hearing both sides Denied Plaintiffs Emergency Motion for Reconsideration (#10). Court adjourned. Appearances: Bradley Jason Benoit and Jonathon Keath Hance f/Plaintiff; Edward Michael Rodriguez; Eduardo Rodriguez and Erin Hudson f/Defendants. (ERO:Juanita Tabares) (Law Clerk: Rachel Braver via telephone), filed. [3:05-3:44](scavazos, 1) |
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Filing 9
ORDER denying #3 Motion for Temporary Restraining Order and Preliminary Injunction. As Plaintiff has not made a showing as to why the Court should act without notice to Defendants, the Court similarly DENIES Plaintiff's ex parte request for the appointment of a custodian. (Signed by Judge Hilda G Tagle) Parties notified.(mperez, 1)
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| Filing 8 EXHIBITS re: #3 MOTION for Temporary Restraining Order by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit A-20, #2 Exhibit A-21, #3 Exhibit A-22, #4 Exhibit A-23, #5 Exhibit A-24, #6 Exhibit A-25, #7 Exhibit A-26, #8 Exhibit A-27, #9 Exhibit A-28, #10 Exhibit A-29, #11 Exhibit A-30, #12 Exhibit A-31)(Benoit, Bradley) |
| Filing 7 EXHIBITS re: #3 MOTION for Temporary Restraining Order by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit A-8, #2 Exhibit A-9, #3 Exhibit A-10, #4 Exhibit A-11, #5 Exhibit A-12, #6 Exhibit A-13, #7 Exhibit A-14, #8 Exhibit A-15, #9 Exhibit A-16, #10 Exhibit A-17, #11 Exhibit A-18)(Benoit, Bradley) |
| Filing 6 EXHIBITS re: #3 MOTION for Temporary Restraining Order by Callidus Capital Corporation, filed.(Benoit, Bradley) |
| Filing 5 EXHIBITS re: #3 MOTION for Temporary Restraining Order by Callidus Capital Corporation, filed.(Benoit, Bradley) |
| Filing 4 EXHIBITS re: #3 MOTION for Temporary Restraining Order by Callidus Capital Corporation, filed. (Attachments: #1 Exhibit A-5)(Benoit, Bradley) |
| Filing 3 MOTION for Temporary Restraining Order by Callidus Capital Corporation, filed. Motion Docket Date 1/26/2015. (Attachments: #1 Proposed Order, #2 Exhibit A-Declaration of Craig L Boyer, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit A-3)(Benoit, Bradley) |
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Filing 2
ORDER setting deadline. Joint Discovery/Case Management Plan due by 4/30/2015.(Signed by Judge Hilda G Tagle) Parties notified.(melopez, 1)
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| Summons Issued as to EMJ Holdings, LLC, Esco Marine, Inc., Esco Metals, LLC., Esco Shredding, LLC, Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood. Issued summons returned to plaintiff by: In person, filed.(jdav, 4) |
| Filing 1 COMPLAINT against EMJ Holdings LLC, ESCO Shredding LLC, Esco Marine, Inc., Esco Metals, LLC., Alberto Garcia, Elka Jaross, Richard Jaross, Andrew Levy, Redstone Capital Corporation, Texas Best Equipment, LLC, Texas Best Recycling, LLC, John Kristopher Wood (Filing fee $ 400 receipt number 0541-14238821) filed by Callidus Capital Corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Benoit, Bradley) |
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