Pelletier Management and Consulting, LLC v. InterBank et al
| Pelletier Management and Consulting LLC |
| InterBank and Real Estate Holdings LLC |
| Gaetan Pelletier |
| 6:2021cv00022 |
| April 30, 2021 |
| US District Court for the Southern District of Texas |
| Drew B Tipton |
| Contract: Other |
| 28 U.S.C. § 1446 |
| Defendant |
Docket Report
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This docket was last retrieved on March 5, 2022. A more recent docket listing may be available from PACER.
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Filing 53
PROPOSED ORDER Denying re: #49 MOTION for New Trial, filed.(Huttenbach, William)
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Filing 52
RESPONSE to #49 MOTION for New Trial filed by InterBank, Real Estate Holdings LLC. (Huttenbach, William)
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Filing 51
AFFIDAVIT of Seth Kretzer, filed. (Attachments: #1 Exhibit Tab 1, #2 Exhibit Tab 2, #3 Exhibit Tab 3, #4 Exhibit Tab 4)(Huttenbach, William)
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Filing 50
AFFIDAVIT of Kristina L. Cunningham, filed. (Attachments: #1 Exhibit Tab 1 - InterBank and REH Motion to Appoint and Expand Current Receivership, #2 Exhibit Tab 2 - Brookline Bank's Motion for Prejudgment Receivership, #3 Exhibit Tab 3 - Gaetan Pelletier's Motion to Terminate Receivership and Discharge Receiver)(Huttenbach, William)
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Filing 49
MOTION for New Trial by Pelletier Management and Consulting LLC, filed. Motion Docket Date 6/11/2021. (Kita, Matthew)
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Filing 48
NOTICE of Appearance by Matthew J. Kita on behalf of Pelletier Management and Consulting LLC, filed. (Kita, Matthew)
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Filing 47
NOTICE of Appearance by Matthew J. Kita on behalf of Gaetan Pelletier, filed. (Kita, Matthew)
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Filing 46
ORDER granting #45 Motion to Dismiss with Prejudice to refiling.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2)
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Filing 45
Joint MOTION to Dismiss by Pelletier Management and Consulting LLC, filed. Motion Docket Date 5/24/2021. (Attachments: #1 Proposed Order)(Kretzer, Seth)
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Filing 44
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/30/2021 at 11:00 AM before Judge Drew B Tipton(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)
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Filing 43
Case transferred in from Texas Northern. Case Number 3:20-cv-03296; certified copy of transfer order, certified docket sheet, and transfer letter received
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Filing 42
Notice of Change of Address and Firm Affiliation for Counsel of Record for Defendants and MOTION for Hirsch & Westheimer to Withdraw as Counsel filed by InterBank, Real Estate Holdings LLC. (Attachments: #1 Proposed Order) (Huttenbach, William) Modified text on 4/15/2021 (mjr).
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Filing 41
MEMORANDUM OPINION AND ORDER: The Court TRANSFERS this case to the United States District Court for the Southern District of Texas, Victoria Division. (Ordered by Judge Brantley Starr on 4/13/2021) (oyh) Modified text on 4/15/2021 (mjr).
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Interdistrict Transfer to Southern District of Texas, Victoria Division; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Southern District of Texas, Victoria Division. (oyh)
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Filing 40
Joint STATUS REPORT Compliance with Court Order filed by InterBank, Real Estate Holdings LLC. (Huttenbach, William)
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Filing 39
ELECTRONIC ORDER granting #34 Motion to Substitute Attorney. (Ordered by Judge Brantley Starr on 4/7/2021) (chmb)
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Filing 38
Joint STATUS REPORT REPORT OF RULE 26(F) ATTORNEY CONFERENCE filed by InterBank. (Huttenbach, William)
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Filing 37
STATEMENT OF NO OBJECTION TO MOTION TO SUBSTITUTE COUNSEL filed by Pelletier Management and Consulting LLC re: #34 Unopposed MOTION to Substitute Attorney, added attorney Seth Kretzer. Motion (Sandler, Joshua) Modified text on 4/5/2021 (ykp).
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Filing 36
NOTICE of Defendants InterBank's and Real Estate Holdings, LLC's Statement of No Objection to Receiver's Unopposed Motion to Substitute Counsel re: 35 Order, #34 Unopposed MOTION to Substitute Attorney, added attorney Seth Kretzer. Motion filed by InterBank (Huttenbach, William)
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Filing 35
ELECTRONIC ORDER: Any opposition to Doc. No. 34 is due by April 8, 2021. (Ordered by Judge Brantley Starr on 4/1/2021) (chmb)
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Filing 34
Unopposed MOTION to Substitute Attorney, added attorney Seth Kretzer. Motion filed by Pelletier Management and Consulting LLC (Attachments: #1 Proposed Order) (Kretzer, Seth)
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Filing 33
Unopposed MOTION to Dismiss filed by Pelletier Management and Consulting LLC. (Attachments: #1 Proposed Order, #2 Exhibit(s) Order By Judge Hayden Head Granting Motion to Dismiss, #3 Exhibit(s) 5th Circuit Opinion Affirming Judge Head, #4 Exhibit(s) Judge Ken Hoyt's Order Dismissing Pelletier v Interbank Lawsuit, #5 Exhibit(s) Order By Judge Head Granting Motion to Dismiss, #6 Exhibit(s) Judge Head's Order Withdrawing Sanctions Against Pelletier, #7 Exhibit(s) Order By Judge Moskowitz of S.D Cal Granting Motion to Dismiss Against Pelletier, #8 Exhibit(s) Report and Recommendation by Magistrate Judge in Nevada Denying Pelletier's Motion to Enlarge Time, #9 Exhibit(s) Order By Federal Judge Du of Nevada Denying Pelletier's Objection to Magistrate Judge Elayna J. Youchah, #10 Exhibit(s) Order by Judge Curiel of S.D. Cal. grating Defendant's motion to set aside default and denying Pelletier's motion for default judgment, #11 Exhibit(s) Order by Judge Dahlquist of San Diego state court granting Real Estate Holdings, LLC's motion to quash service, #12 Exhibit(s) jury charge in the 267th Judicial District of DeWitt County, #13 Exhibit(s) final judgment in in the 267th Judicial District of DeWitt County, #14 Exhibit(s) Order appointing Seth Kretzer as Receiver in in the 267th Judicial District of DeWitt County, #15 Exhibit(s) order granting turnover of corporate assets, including shares in Pelleter Management And Consulting, LLC, #16 Exhibit(s) copy of Order granting Receiver's Motion for Leave to File Motion to Dismiss in this Court, signed March 25, 2021 by the 267th District of DeWitt County, #17 Exhibit(s) engagement letter signed by Pelletier with his law firm after receiver was appointed over Peletier, #18 Exhibit(s) litigation funding agreement signed by both Pelletier and his lawyer after receiver was appointed over Peletier) (Kretzer, Seth) Modified text on 3/29/2021 (mjr).
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Filing 32
NOTICE of Attorney Appearance by Seth Kretzer on behalf of Pelletier Management and Consulting LLC. (Filer confirms contact info in ECF is current.) (Kretzer, Seth)
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Filing 31
ELECTRONIC ORDER: The Court ORDERS the party to SHOW CAUSE as to why venue is proper in this judicial district and division. The parties must file a joint submission by 4/8/21. (Ordered by Judge Brantley Starr on 3/25/2021) (chmb)
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Filing 30
ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER: Joint Proposed Scheduling Order due by 4/5/2021. (Ordered by Judge Brantley Starr on 3/1/2021) (mjr)
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Filing 29
ELECTRONIC ORDER finding as moot #16 Motion to Remand to State Court. In accordance with the Plaintiff's reply [Doc. No. 25], this motion is now moot. (Ordered by Judge Brantley Starr on 1/7/2021) (chmb)
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Filing 28
ELECTRONIC ORDER finding as moot #12 Motion. In accordance with the Plaintiff's reply [Doc. No. 25], this motion is now moot. (Ordered by Judge Brantley Starr on 1/7/2021) (chmb)
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Filing 27
REPLY filed by Real Estate Holdings LLC re: #9 Motion to Dismiss for Failure to State a Claim (Huttenbach, William)
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Filing 26
REPLY filed by InterBank re: #7 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (Huttenbach, William)
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Filing 25
REPLY filed by Pelletier Management and Consulting LLC re: #12 MOTION Expedited, Limited Jurisdictional Discovery and to Stay All Other Motions Pending Motion to Remand, #16 MOTION to Remand to State Court. (Polese, Daniel)
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Filing 24
RESPONSE filed by InterBank, Real Estate Holdings LLC re: #16 MOTION to Remand to State Court. (Attachments: #1 Exhibit(s) A) (Huttenbach, William)
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Filing 23
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pelletier Management and Consulting LLC. (Sandler, Joshua)
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Filing 22
RESPONSE filed by Pelletier Management and Consulting LLC re: #9 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order) (Sandler, Joshua)
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Filing 21
RESPONSE filed by Pelletier Management and Consulting LLC re: #7 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order) (Sandler, Joshua)
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Filing 20
Appendix in Support filed by InterBank, Real Estate Holdings LLC re #19 Response/Objection to Plaintiff's Motion for Expedited, Limited Jurisdictional Discovery and to Stay all other Motions Pending Motion to Remand and Brief in Support (Huttenbach, William)
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Filing 19
Joint RESPONSE filed by InterBank, Real Estate Holdings LLC with Brief/Memorandum in Support re: #12 MOTION Expedited, Limited Jurisdictional Discovery and to Stay All Other Motions Pending Motion to Remand (Huttenbach, William) Modified event text on 12/8/2020 (hml).
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Filing 18
Declaration of Joshua M. Sandler by Plaintiff Pelletier Management and Consulting LLC. (Sandler, Joshua) Modified text on 12/1/2020 (jmg).
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Filing 17
Brief/Memorandum in Support filed by Pelletier Management and Consulting LLC re #16 MOTION to Remand to State Court (Attachments: #1 Exhibit(s) A) (Sandler, Joshua)
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Filing 16
MOTION to Remand to State Court filed by Pelletier Management and Consulting LLC. (Attachments: #1 Proposed Order Granting Plaintiff's Motion to Remand) (Sandler, Joshua)
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Filing 15
ELECTRONIC ORDER granting #14 Motion for Extension of Time to File. The Plaintiff's response to the motions to dismiss is due December 9, 2020. (Ordered by Judge Brantley Starr on 11/23/2020) (chmb)
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Filing 14
Agreed MOTION for Extension of Time to File Respond to Defendants' Motions to Dismiss Pursuant to Rule 12 filed by Pelletier Management and Consulting LLC (Attachments: #1 Proposed Order) (Sandler, Joshua)
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Filing 13
Brief/Memorandum in Support filed by Pelletier Management and Consulting LLC re #12 MOTION Expedited, Limited Jurisdictional Discovery and to Stay All Other Motions Pending Motion to Remand (Attachments: #1 Declaration(s) of Joshua M. Sandler) (Sandler, Joshua)
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Filing 12
MOTION Expedited, Limited Jurisdictional Discovery and to Stay All Other Motions Pending Motion to Remand filed by Pelletier Management and Consulting LLC (Attachments: #1 Proposed Order) (Sandler, Joshua)
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Filing 11
NOTICE of Attorney Appearance by William P Huttenbach for Jason T. Rodriguez on behalf of InterBank, Real Estate Holdings LLC. (Huttenbach, William)
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Filing 10
Appendix in Support filed by Real Estate Holdings LLC re #9 Motion to Dismiss (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G) (Huttenbach, William) Modified text on 11/5/2020 (jmg).
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Filing 9
MOTION to Dismiss Pursuant to 12(b)(6), or, in the Alternative, MOTION for more Definite Statement Pursuant to Rule 12(e) filed by Real Estate Holdings LLC with Brief/Memorandum in Support. (Huttenbach, William) Modified text on 11/5/2020 (jmg).
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Filing 8
Appendix in Support filed by InterBank re #7 MOTION to Dismiss (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G) (Huttenbach, William)
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Filing 7
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), or, in the Alternative, MOTION for more Definite Statement Pursuant to Fed. R. Civ. P. 12(e) filed by InterBank with Brief/Memorandum in Support. (Huttenbach, William) Modified text on 11/5/2020 (jmg).
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Filing 6
ELECTRONIC ORDER denying #5 Motion for Leave to File. The defendant must file a written designation of local counsel within fourteen (14) days of this order, by 11/18/20, in accordance with Local Rule 83.10. (Ordered by Judge Brantley Starr on 11/4/2020) (chmb)
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Filing 5
Unopposed MOTION for Leave to File To Appear Without Local Counsel filed by InterBank, Real Estate Holdings LLC (Attachments: #1 Proposed Order) (Huttenbach, William)
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Filing 4
ORDER REQUIRING LOCAL COUNSEL: Pursuant to Local Rule 83.10, Defendants must obtain local counsel by December 2nd, 2020. (Ordered by Judge Brantley Starr on 11/2/2020) (ndt)
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Filing 3
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by InterBank, Inc., Real Estate Holdings, LLC. (Huttenbach, William)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by Real Estate Holdings, LLC, InterBank, Inc.. (Filing fee $400; receipt number 0539-11318411) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Cover Sheet, #7 Cover Sheet Supplement) (Huttenbach, William)
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