Kress v. OPMY, LLC et al
Plaintiff: Barry Kress
Defendant: Doug Merryman, OPMY, LLC d/b/a Merchant First and OPMNY, LLC
Case Number: 4:2018cv03992
Filed: October 23, 2018
Court: US District Court for the Southern District of Texas
Presiding Judge: Vanessa D Gilmore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 10, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2018 Opinion or Order Filing 42 ORDER granting #36 Motion for Eric Roman to Appear Pro Hac Vice for Doug Merryman, OPMNY, LLC.(Signed by Judge Vanessa D Gilmore) Parties notified.(sanderson, 4)
December 10, 2018 Opinion or Order Filing 41 ORDER granting #35 Motion for Jared C. Bunker to Appear Pro Hac Vice for Barry Kress.(Signed by Judge Vanessa D Gilmore) Parties notified.(sanderson, 4)
December 10, 2018 Opinion or Order Filing 40 ORDER granting #34 Motion for Kendall Loebbaka to Appear Pro Hac Vice for Barry Kress.(Signed by Judge Vanessa D Gilmore) Parties notified.(sanderson, 4)
December 10, 2018 Opinion or Order Filing 39 ORDER granting #33 Motion for Douglas G. Muehelhauser to Appear Pro Hac Vice for Barry Kress.(Signed by Judge Vanessa D Gilmore) Parties notified.(sanderson, 4)
December 10, 2018 Opinion or Order Filing 38 ORDER granting #32 Motion for Mark Lezama to Appear Pro Hac Vice for Barry Kress.(Signed by Judge Vanessa D Gilmore) Parties notified.(sanderson, 4)
December 10, 2018 Opinion or Order Filing 37 MANDATORY PRELIMINARY INJUNCTION ORDER granting #24 MOTION for Temporary Restraining Order. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
December 10, 2018 Filing 36 MOTION for Eric Roman to Appear Pro Hac Vice by Doug Merryman, OPMNY, LLC, filed. Motion Docket Date 12/31/2018. (Johnson, Jeffrey)
December 10, 2018 Filing 35 MOTION for Jared C. Bunker to Appear Pro Hac Vice by Barry Kress, filed. Motion Docket Date 12/31/2018. (Donohue, Todd)
December 10, 2018 Filing 34 MOTION for Kendall Loebbaka to Appear Pro Hac Vice by Barry Kress, filed. Motion Docket Date 12/31/2018. (Donohue, Todd)
December 10, 2018 Filing 33 MOTION for Douglas A. Muehelhauser to Appear Pro Hac Vice by Barry Kress, filed. Motion Docket Date 12/31/2018. (Donohue, Todd)
December 10, 2018 Filing 32 MOTION for Mark Lezama to Appear Pro Hac Vice by Barry Kress, filed. Motion Docket Date 12/31/2018. (Donohue, Todd)
December 7, 2018 Filing 31 PROPOSED ORDER re: #24 MOTION for Temporary Restraining Order, filed.(Johnson, Jeffrey)
December 7, 2018 Minute Entry for proceedings held before Judge Vanessa D Gilmore. MOTION Hearing held on 12/7/2018. Arguments heard. Mr. Johnson is to file a revised proposed order with specific language incorporated re: #24 MOTION for Temporary Restraining Order. Appearances: Todd Christopher Donohue, Jeffrey Lance Johnson.(Court Reporter: Gayle Dye), filed.(kpicota, 4)
December 6, 2018 Filing 30 REPLY in Support of #24 MOTION for Temporary Restraining Order, filed by Doug Merryman, OPMNY, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Jeffrey)
December 5, 2018 Filing 29 APPENDIX re: #28 Response to Motion by Barry Kress, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Donohue, Todd)
December 5, 2018 Filing 28 RESPONSE to #24 MOTION for Temporary Restraining Order filed by Barry Kress. (Attachments: #1 Proposed Order)(Donohue, Todd)
December 3, 2018 Filing 27 NOTICE of Withdrawal re: #21 MOTION to Dismiss #4 Answer to Complaint, Counterclaim Pursuant to Rule 12(b)(6) by Barry Kress, filed. (Donohue, Todd)
December 3, 2018 Filing 26 ANSWER to #23 Answer to Complaint, Counterclaim with Jury Demand by Barry Kress, filed.(Donohue, Todd)
November 29, 2018 Filing 25 NOTICE of Setting as to #24 MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 12/7/2018 at 09:30 AM in Courtroom 9A before Judge Vanessa D Gilmore, filed. (bthomas, 4)
November 28, 2018 Filing 24 MOTION for Temporary Restraining Order by Doug Merryman, OPMNY, LLC, filed. Motion Docket Date 12/19/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Johnson, Jeffrey)
November 19, 2018 Filing 23 ANSWER to #1 Complaint with Jury Demand, Amended COUNTERCLAIM against Barry Kress by Doug Merryman, OPMNY, LLC, filed.(Johnson, Jeffrey)
November 19, 2018 Filing 22 ANSWER to #4 Answer to Complaint, Counterclaim with JURY DEMAND by Barry Kress, filed.(Donohue, Todd)
November 19, 2018 Filing 21 MOTION to Dismiss #4 Answer to Complaint, Counterclaim Pursuant to Rule 12(b)(6) by Barry Kress, filed. Motion Docket Date 12/10/2018. (Attachments: #1 Proposed Order)(Donohue, Todd)
November 6, 2018 Opinion or Order Filing 20 PROTECTIVE ORDER granting #19 Agreed MOTION for Entry of Order re: Protective Order. (Signed by Judge Vanessa D Gilmore) Parties notified.(gclair, 4)
November 6, 2018 Filing 19 Agreed MOTION for Entry of Order re: Protective Order by Doug Merryman, OPMNY, LLC, filed. Motion Docket Date 11/27/2018. (Attachments: #1 Proposed Order)(Johnson, Jeffrey)
November 2, 2018 Filing 18 NOTICE of Appearance by Ryan C. Wooten on behalf of Doug Merryman, OPMNY, LLC, filed. (Wooten, Ryan)
November 2, 2018 Opinion or Order Filing 17 SCHEDULING ORDER. (Jury Trial). Pltf Expert Witness List due by 11/10/2018. Pltf Expert Report due by 11/10/2018. Deft Expert Witness List due by 11/20/2018. Deft Expert Report due by 11/20/2018. Discovery due by 2/1/2019. Dispositive Motion Filing due by 2/15/2019. Pretrial Order due by 3/22/2019. Joint Pretrial Order due by 3/25/2019. Docket Call set for 3/29/2019 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. Jury Trial set for 4/1/2019 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
November 2, 2018 Filing 16 NOTICE of Setting. Parties notified. Status Conference set for 12/7/2018 at 09:30 AM in Courtroom 9A before Judge Vanessa D Gilmore, filed. (bthomas, 4)
November 2, 2018 Minute Entry for proceedings held before Judge Vanessa D Gilmore. MOTION HEARING held on 11/2/2018. Arguments heard. The MOTION for Temporary Restraining Order #9 is DENIED. A Status Conference is set for 12/7/2018 at 9:30 am. Scheduling Order entered. Appearances: Todd Donohue, Jeffrey Johnson, Ryan Wooten. (Court Reporter: Mayra Malone), filed. (bthomas, 4)
November 1, 2018 Filing 15 RESPONSE in Opposition to #9 MOTION for Temporary Restraining Order, filed by Barry Kress. (Attachments: #1 Appendix Appendix, #2 Proposed Order Proposed Order re TRO, #3 Proposed Order Proposed Order re Expedited Discovery)(Donohue, Todd)
October 31, 2018 Filing 14 PROPOSED ORDER to Show Cause for Expedited Discovery re: #9 MOTION for Temporary Restraining Order, filed.(Johnson, Jeffrey)
October 31, 2018 Filing 13 PROPOSED ORDER to Show Cause for Preliminary Injunction and Temporary Injunction re: #9 MOTION for Temporary Restraining Order, filed.(Johnson, Jeffrey)
October 31, 2018 Opinion or Order Filing 12 ORDER granting #11 Unopposed MOTION for Extension of Time to respond to Defendant's Motion for Temporary Restraining Order #9 . (Motion Hearing set for 11/2/2018 at 09:00 AM in Courtroom 9A before Judge Vanessa D Gilmore)(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
October 31, 2018 Filing 11 Unopposed MOTION for Extension of Time to respond to Defendant's Motion [Doc 9] by Barry Kress, filed. Motion Docket Date 11/21/2018. (Attachments: #1 Exhibit Declaration of Barry Kress, #2 Proposed Order)(Donohue, Todd)
October 30, 2018 Filing 10 NOTICE of Setting as to #9 MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 11/1/2018 at 09:00 AM in Courtroom 9A before Judge Vanessa D Gilmore, filed. (bthomas, 4)
October 30, 2018 Filing 9 MOTION for Temporary Restraining Order by Doug Merryman, OPMNY, LLC, filed. Motion Docket Date 11/20/2018. (Attachments: #1 Affidavit Declaration of Doug E. Merryman, #2 Proposed Order)(Johnson, Jeffrey)
October 30, 2018 Filing 8 CERTIFICATE OF INTERESTED PARTIES by Barry Kress, filed.(Donohue, Todd)
October 29, 2018 Opinion or Order Filing 7 Memorandum and Order Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
October 29, 2018 Filing 6 CERTIFICATE OF INTERESTED PARTIES by Doug Merryman, OPMNY, LLC, filed.(Johnson, Jeffrey)
October 29, 2018 Filing 5 CORPORATE DISCLOSURE STATEMENT by OPMNY, LLC, filed.(Johnson, Jeffrey)
October 29, 2018 Filing 4 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against Barry Kress by Doug Merryman, OPMNY, LLC, filed.(Johnson, Jeffrey)
October 29, 2018 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/22/2019 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
October 29, 2018 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U. S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate is available by clicking on the hyperlink and is also on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Consent to Proceed Before a Magistrate Judge, filed. (bthomas, 4)
October 24, 2018 Opinion or Order Filing 2 DOCKETED IN ERROR. RE-DOCKETED AT NO. #3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/22/2019 at 03:49 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(RuthGuerreroadi, 4)
October 23, 2018 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-21133673) filed by Barry Kress. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Employment Agreement)(Donohue, Todd)

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Defendant: Doug Merryman
Represented By: Jeffrey Lance Johnson
Represented By: Ryan C Wooten
Represented By: Eric Roman
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Defendant: OPMY, LLC d/b/a Merchant First
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Defendant: OPMNY, LLC
Represented By: Jeffrey Lance Johnson
Represented By: Ryan C Wooten
Represented By: Eric Roman
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Plaintiff: Barry Kress
Represented By: Todd Christopher Donohue
Represented By: Mark Lezama
Represented By: Douglas G Muehelhauser
Represented By: Kendall Loebbaka
Represented By: Jared C Bunker
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