Fifth Third Bank, National Association v. Alsaab et al
| Fifth Third Bank, National Association |
| Saad Alsaab and Amit K Gupta |
| 4:2022cv03731 |
| October 27, 2022 |
| US District Court for the Southern District of Texas |
| Andrew M Edison |
| George C Hanks |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Defendant |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #43 Joint MOTION to Amend #21 Scheduling Order. (Pltf Expert Witness List due by 12/4/2023., Pltf Expert Report due by 12/4/2023., Deft Expert Witness List due by 1/8/2024., Deft Expert Report due by 1/8/2024., Discovery due by 2/19/2024., Dispositive Motion Filing due by 2/26/2024., All Other Pretrial Motions due by 4/5/2024.)(Signed by Judge George C Hanks, Jr) Parties notified.(ByronThomas, 4)
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| Filing 43 Joint MOTION to Amend #21 Scheduling Order,, by Fifth Third Bank, National Association, filed. Motion Docket Date 9/14/2023. (Attachments: #1 Proposed Order)(Goff, Lea) |
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Filing 42
ORDER denying #20 Motion to Stay. (Signed by Judge George C Hanks, Jr) Parties notified. (bthomas, 4)
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| Filing 41 STIPULATION re: Joint Stipulation Concerning Debtor Companies' ESI by Fifth Third Bank, National Association, filed. (Attachments: #1 Exhibit A - Cash Collateral Order, #2 Exhibit B - May 4, 2023 Order)(Goff, Lea) |
| Filing 40 STIPULATION re: Joint Stipulation Concerning ESI Discovery Protocol by Fifth Third Bank, National Association, filed.(Goff, Lea) |
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Filing 39
AGREED STANDARD PROTECTIVE ORDER granting #38 Motion for Protective Order. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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| Filing 38 Agreed MOTION for Protective Order by Saad Alsaab, Amit K Gupta, filed. Motion Docket Date 6/14/2023. (Herrold, David) |
| Filing 37 REPLY in Support of #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Note: Same Filing as Doc. 34 except as to this Defendant), #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Saad Alsaab, Amit K Gupta. (Herrold, David) |
| Filing 36 RESPONSE in Opposition to #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Note: Same Filing as Doc. 34 except as to this Defendant), #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order Denying Defendants' Motion to Dismiss)(Goff, Lea) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Note: Same Filing as Doc. 34 except as to this Defendant) by Amit K Gupta, filed. Motion Docket Date 5/4/2023. (Attachments: #1 Proposed Order Granting Motion)(Herrold, David) |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Saad Alsaab, filed. Motion Docket Date 5/4/2023. (Attachments: #1 Proposed Order Granting Motion)(Herrold, David) |
| Filing 33 Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 3/23/2023. The Court held a pre-motion conference and a motion hearing. The Court took Defendants motion to stay Dkt. #20 under advisement. Defendants may file a motion to dismiss on or before April 13, 2023. Plaintiff may file a response to Defendants motion to dismiss within 21 days of the date on which Defendants file their motion. Defendants may file a reply brief within seven days of the date on which Plaintiff files its response. Appearances: Amelia Martin Adams, Culver Vaughn Halliday, Lea Pauley Goff, Mark S Finkelstein, David H. Herrold, Scott Karl Koelker. (ERO: yes), filed.(bthomas, 4) |
| Filing 32 NOTICE of Setting re: #29 REQUEST for pre-motion conference, #30 Reply in Support of Motion, #31 Response. Parties notified. Pre-Motion Conference set for 3/23/2023 at 04:00 PM by video before Judge George C Hanks Jr, filed. (bthomas, 4) |
| Filing 31 RESPONSE to #29 REQUEST for pre-motion conference , filed by Fifth Third Bank, National Association. (Goff, Lea) |
| Filing 30 REPLY in Support of #20 Opposed MOTION to Stay Case, filed by Saad Alsaab, Amit K Gupta. (Koelker, Scott) |
| Filing 29 REQUEST for pre-motion conference, filed.(Herrold, David) |
| Filing 28 RESPONSE in Opposition to #20 Opposed MOTION to Stay Case, filed by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(Goff, Lea) |
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Filing 27
ORDER granting #22 Motion to Amend.(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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| Filing 26 CORRECTED NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re #22 MOTION to Amend #21 Scheduling Order,,, filed. (jegonzalez, 4) |
| Filing 25 NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re #23 Amended Complaint/Counterclaim/Crossclaim etc.,, filed. (jegonzalez, 4) |
| Filing 24 CERTIFICATE of Conference re: #22 MOTION to Amend #21 Scheduling Order,, by Fifth Third Bank, National Association, filed.(Goff, Lea) |
| Filing 23 First AMENDED COMPLAINT against All Defendants filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A - Credit Agreement, #2 Exhibit B - Term Note, #3 Exhibit C - Revolving Note, #4 Exhibit D - Closing Statement, #5 Exhibit E - Compliance Certificate, #6 Exhibit F - Default Letter, #7 Exhibit G - Acceleration Letter)(Goff, Lea) |
| Filing 22 MOTION to Amend #21 Scheduling Order,, by Fifth Third Bank, National Association, filed. Motion Docket Date 3/17/2023. (Attachments: #1 Proposed Order)(Goff, Lea) |
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Filing 21
DOCKET CONTROL ORDER. ETT: 10 days. Amended Pleadings due by 2/24/2023. Joinder of Parties due by 2/24/2023 Pltf Expert Witness List due by 10/6/2023. Pltf Expert Report due by 10/6/2023. Deft Expert Witness List due by 11/10/2023. Deft Expert Report due by 11/10/2023. Discovery due by 12/22/2023. Dispositive Motion Filing due by 12/29/2023. Non-Dispositive Motion Filing due by 2/16/2024. Joint Pretrial Order and Motions in Limine due by 4/5/2024. Docket Call set for 4/12/2024 at 03:00 PM in Courtroom 600 in Houston before Judge George C Hanks Jr(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3)
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| Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on February 15, 2023. Initial Conference held. Docket Control Order to be entered. Appearances: Lee Goff, Culver Halliday, Amelia Adams and Mark Finkelstein for Plaintiff, David Herrold and Scott Koelker for Defendant. (ERO: yes) (rcastro, 3) |
| Filing 20 Opposed MOTION to Stay Case by Saad Alsaab, Amit K Gupta, filed. Motion Docket Date 3/6/2023. (Attachments: #1 Proposed Order Granting)(Koelker, Scott) |
| Filing 19 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fifth Third Bank, National Association, filed.(Goff, Lea) |
| Filing 18 NOTICE of Related Litigations by Saad Alsaab, Amit K Gupta, filed. (Koelker, Scott) |
| Filing 17 CERTIFICATE OF INTERESTED PARTIES by Saad Alsaab, Amit K Gupta, filed.(Koelker, Scott) |
| Filing 16 NOTICE of Appearance by Scott K. Koelker on behalf of Saad Alsaab, Amit K Gupta, filed. (Koelker, Scott) |
| Filing 15 NOTICE of Appearance by David H. Herrold on behalf of Saad Alsaab, Amit K Gupta, filed. (Herrold, David) |
| Filing 14 ANSWER to #1 Complaint,, with Jury Demand by Saad Alsaab, Amit K Gupta, filed.(Burke, Aaron) |
| The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4) |
| Filing 13 CERTIFICATE OF SERVICE of #1 Complaint,, by Fifth Third Bank, National Association, filed.(Adams, Amelia) |
| Filing 12 CERTIFICATE OF INTERESTED PARTIES by Fifth Third Bank, National Association, filed.(Adams, Amelia) |
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Filing 11
ORDER granting #5 Motion for Amelia Martin-Adams to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(kpicota, 4)
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Filing 10
ORDER granting #4 Motion for Culver Halliday to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(kpicota, 4)
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Filing 9
ORDER granting #3 Motion for Lea Goff to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified.(kpicota, 4)
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| Filing 8 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) |
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Filing 7
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/15/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(AkeitaMichael, 4)
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| Filing 6 First CORPORATE DISCLOSURE STATEMENT by Fifth Third Bank, National Association identifying Fifth Third Bancorp as Corporate Parent, filed.(Finkelstein, Mark) |
| Filing 5 First MOTION for Amelia Martin Adams to Appear Pro Hac Vice by Fifth Third Bank, National Association, filed. Motion Docket Date 11/17/2022. (Finkelstein, Mark) |
| Filing 4 First MOTION for Culver V. Halliday to Appear Pro Hac Vice by Fifth Third Bank, National Association, filed. Motion Docket Date 11/17/2022. (Finkelstein, Mark) |
| Filing 3 First MOTION for Lea Pauley Goff to Appear Pro Hac Vice by Fifth Third Bank, National Association, filed. Motion Docket Date 11/17/2022. (Finkelstein, Mark) |
| Filing 2 Request for Issuance of Summons as to Saad Alsaab, Amit K Gupta, filed. (Attachments: #1 Summons in a civil action issued to Saad Alsaab, #2 Summons in a civil action issued to Amit K. Gupta, #3 Summons in a civil action issued to Amit K. Gupta)(Finkelstein, Mark) |
| Filing 1 COMPLAINT against Alsaab and Gupta (Filing fee $ 402 receipt number ATXSDC-28990855) filed by Fifth Third Bank, National Association. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Credit Agreement, #3 Exhibit Exhibit B - $23,000,000 Term Note, #4 Exhibit Exhibit C - $5,000,000 Revolving Note, #5 Exhibit Exhibit D - Closing Statement, #6 Exhibit Exhibit E - Compliance Certificate, #7 Exhibit Exhibit F - Default Letter, #8 Exhibit Exhibit G - Acceleration Letter)(Finkelstein, Mark) Modified on 10/28/2022 (ShannonHolden, 4). |
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