IOU Central, Inc. v. Monty Lee Merrill, et al
| IOU Central, Inc. d/b/a IOU Financial, Inc. |
| Clearwater Real Estate, LLC, Monty Lee Merrill, Laura Ann Merrill and Clearwater Transportation Management Co, LLC |
| 5:2020cv01463 |
| December 28, 2020 |
| US District Court for the Western District of Texas |
| David A Ezra |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 38 Pro Hac Vice Letter to attorney Geoffrey Michael Dureska for Clearwater Transportation Management Co, LLC. (rg) |
| Filing 37 Pro Hac Vice Letter to attorney Paul G. Wersant for IOU Central, Inc. (rg) |
| Filing 36 Case electronically transferred in from Northern District of Georgia; Case Number 1:20-cv-00453. |
Filing 35
ORDER - This matter comes before the Court on Plaintiff's Unopposed Motion1 to Transfer Venue to the Western District of Texas, San Antonio Division [Doc. #28 ]. After considering the motion, Defendants' response and applicable law, the motion is GRANTED. This matter is HEREBY TRANSFERRED to the Western District of Texas, San Antonio Division. Signed by Judge J. P. Boulee on 12/28/2020. (tcc) [Transferred from Georgia Northern on 12/28/2020.]
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| Civil Case Terminated. (tcc) [Transferred from Georgia Northern on 12/28/2020.] |
| Case transferred electronically to District of Western District of Texas, San Antonio Division. (tcc) [Transferred from Georgia Northern on 12/28/2020.] |
| Case assigned to Judge David A. Ezra. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad. (rg) |
| Submission of #28 Unopposed MOTION to Transfer Case to Western District of Texas, San Antonio Division, to District Judge J. P. Boulee. (ddm) [Transferred from Georgia Northern on 12/28/2020.] |
| Clerks Notation re #34 Certificate of Interested Persons APPROVED by JPB. (bnw) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 34 Certificate of Interested Persons and Corporate Disclosure Statement by IOU Central, Inc. identifying Corporate Parent IOU CENTRAL INC - Canada for IOU Central, Inc.. (Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
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Filing 33
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (mmc) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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| Filing 32 RESPONSE re #28 Unopposed MOTION to Transfer Case to Western District of Texas, San Antonio Division filed by Clearwater Real Estate, LLC, Clearwater Transportation Management Co, LLC, Laura Ann Merrill, Monty Lee Merrill. (Attachments: #1 Exhibit A)(Dureska, Geoffrey) [Transferred from Georgia Northern on 12/28/2020.] |
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Filing 31
SCHEDULING ORDER approving the parties' #30 Joint Preliminary Report and Discovery Plan. Discovery is open and shall close on March 19, 2021. Per the parties' agreement, dispositive motions shall be filed no later than March 30, 2021. Signed by Judge J. P. Boulee on 12/7/20. (ddm) [Transferred from Georgia Northern on 12/28/2020.]
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| Filing 30 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by IOU Central, Inc.. (Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
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Filing 29
ORDER striking Defendants' Proposed Plan 26 and directing the parties to submit, no later than December 4, 2020, their Joint Preliminary Report and Discovery Plan. Signed by Judge J. P. Boulee on 12/1/2020. (ddm) Modified on 12/2/2020 to edit docket text (ddm). [Transferred from Georgia Northern on 12/28/2020.]
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| Filing 28 Unopposed MOTION to Transfer Case to Western District of Texas, San Antonio Division with Brief In Support by IOU Central, Inc.. (Attachments: #1 Text of Proposed Order 1: Text of Proposed Order)(Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 27 NOTICE by IOU Central, Inc. re 26 Joint Preliminary Report and Discovery Plan Notice of Withdrawal of Unapproved CMR [Doc 26] and Related Notice as to Jurisdiction and Venue (Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 25 ANSWER to #1 COMPLAINT filed by Clearwater Real Estate, LLC, Clearwater Transportation Management Co, LLC, Laura Ann Merrill, Monty Lee Merrill. Discovery ends on 4/5/2021.(ddm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 12/28/2020.] |
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Filing 24
ORDER granting #9 Defendants' Motion to Set Aside Clerk's Entry of Default. The Clerk is directed to set aside the default entered on February 18, 2020, and docket Defendants' Answer and Defenses to Complaint [9-1] as of the date of this Order. The parties are to file the Joint Preliminary Report and Discovery Plan no later than November 19, 2020. Signed by Judge J. P. Boulee on 11/6/2020. (ddm) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 23
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (aaq) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 22
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (adg) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 21
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (ddm) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 20
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (aaq) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 19
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (dgs) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 18
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (aaq) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 17
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (dgs) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 16
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (jpa) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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| Submission of #12 Cross Motion to Enforce Conditions Precedent; Cross Motion to Vacate Order granting Pro-Hac Status and to Strike #9 Motion and Answer, to District Judge J. P. Boulee. (ddm) [Transferred from Georgia Northern on 12/28/2020.] |
| Submission of the #9 MOTION to Set Aside Default and MOTION for Extension of Time to File Answer to District Judge J. P. Boulee. (aaq) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 15 Defendants' Combined REPLY in Support of #9 MOTION to Set Aside Default and RESPONSE in Opposition to Plaintiff's #12 MOTION to Strike #9 MOTION to Set Aside Default MOTION for Extension of Time to File Answer, Approval of Application for Admission Pro Hac Vice, Order on Application for Admission PHV filed by Clearwater Real Estate, LLC, Clearwater Transportation Management Co, LLC, Laura Ann Merrill, Monty Lee Merrill. (Attachments: #1 Exhibit Declaration of Whitticar)(Dureska, Geoffrey) Modified on 4/13/2020 to edit event text (bnp). [Transferred from Georgia Northern on 12/28/2020.] |
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Filing 14
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (jpa) (ADI) [Transferred from Georgia Northern on 12/28/2020.]
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| Filing 13 RESPONSE in Opposition to #9 MOTION to Set Aside Default, MOTION for Extension of Time to File Answer filed by IOU Central, Inc. (ddm) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 12 Cross Motion to Enforce Conditions Precedent; Cross Motion to Vacate Order granting Pro-Hac Status and to Strike #9 Motion and Answer, with Brief In Support, by IOU Central, Inc.. (Wersant, Paul) . Added MOTION to Strike on 3/27/2020 (ddm). [Transferred from Georgia Northern on 12/28/2020.] |
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ORDER granting #10 Application for Admission Pro Hac Vice. Signed by Judge J. P. Boulee on 3/25/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnw) [Transferred from Georgia Northern on 12/28/2020.]
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Filing 11
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (ddm) [Transferred from Georgia Northern on 12/28/2020.]
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| APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Michael C. Whitticar Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9485623).. Attorney Michael C. Whitticar added appearing on behalf of Clearwater Real Estate, LLC, Clearwater Transportation Management Co, LLC, Laura Ann Merrill, Monty Lee Merrill (nmb) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 10 APPLICATION for Admission of Michael C. Whitticar Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9485623).by Clearwater Real Estate, LLC, Clearwater Transportation Management Co, LLC, Laura Ann Merrill, Monty Lee Merrill. (Dureska, Geoffrey) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 9 MOTION to Set Aside Clerk's Entry of Default and Enlarge Time to Answer Plaintiff's Complaint with Brief In Support by Clearwater Real Estate, LLC, Clearwater Transportation Management Co, LLC, Laura Ann Merrill, Monty Lee Merrill. (Attachments: #1 Exhibit Defendants' Answer and Defenses, #2 Exhibit Declaration of Whitticar, #3 Exhibit Declaration of Monty Merrill, #4 Exhibit Declaration of Laura Merrill, #5 Exhibit Bankruptcy Petition, #6 Exhibit Motion for Order, #7 Exhibit Order of Conversion, #8 Exhibit Docket Sheet, #9 Exhibit Summons, #10 Exhibit Promissory Note, #11 Exhibit Electronic Debits Agreement, #12 Exhibit Personal Guaranty Agreement, #13 Exhibit Complaint)(Dureska, Geoffrey) . Added MOTION for Extension of Time to File Answer on 3/13/2020 (jed). [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 8 Unopposed MOTION for Clerks Entry of Default against all Defendants with Brief In Support by IOU Central, Inc.. (Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 7 Return of Service Executed by IOU Central, Inc.. Clearwater Real Estate, LLC served on 2/6/2020, answer due 2/27/2020. (Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 6 Return of Service Executed by IOU Central, Inc.. Clearwater Transportation Management Co, LLC served on 2/6/2020, answer due 2/27/2020. (Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 5 Return of Service Executed by IOU Central, Inc.. Laura Ann Merrill served on 2/6/2020, answer due 2/27/2020. (Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 4 Return of Service Executed by IOU Central, Inc.. Monty Lee Merrill served on 2/6/2020, answer due 2/27/2020. (Wersant, Paul) [Transferred from Georgia Northern on 12/28/2020.] |
| DEFAULT SET ASIDE PER #24 ORDER -- Clerks Entry of Default as to Clearwater Real Estate, LLC, Clearwater Transportation Management Co, LLC, Laura Ann Merrill, Monty Lee Merrill. (ddm) Modified on 11/6/2020 (ddm). [Transferred from Georgia Northern on 12/28/2020.] |
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Filing 3
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 2/3/20. (bnw) [Transferred from Georgia Northern on 12/28/2020.]
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| Filing 2 Electronic Summons Issued as to Clearwater Real Estate, LLC, Clearwater Transportation Management Co, LLC, Laura Ann Merrill, and Monty Lee Merrill. (Attachments: #1 Summons Laura Ann Merrill, #2 Summons Clearwater Transportation Management Co, LLC, #3 Summons Clearwater Real Estate, LLC) (jap) [Transferred from Georgia Northern on 12/28/2020.] |
| Filing 1 COMPLAINT filed by IOU Central, Inc. (Filing fee $400, receipt number AGANDC-9321528) (Attachments: #1 Civil Cover Sheet) (jap) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 12/28/2020.] |
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