Raven Capital Group, LLC v. CH CRFP 226 LLC et al
| Raven Capital Group, LLC |
| Fidelity National Title Agency, Inc., CH CRFP 226 LLC and CH CRFP 26 LLC |
| 5:2021cv00059 |
| January 22, 2021 |
| US District Court for the Western District of Texas |
| Xavier Rodriguez |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 51 MOTION to Expunge Lis Pendens by CH CRFP 26 LLC. (Attachments: #1 Exhibit Ex. A Lis Pendens, #2 Proposed Order Proposed Order Granting Motion to Expunge)(Kelly, Cara) |
| Filing 50 TRANSCRIPT REQUEST by Raven Capital Group, LLC for dates of 02/16/2021. Proceedings Transcribed: Yes. Court Reporter: Letitia "Tish" Moncivais.. (Kahane, S. Joshua) Modified TEXT on 3/11/2021 (dtg).***TRANSCRIPT IS ALREADY ON FILE WITH CLERK'S OFFICE, SEE DOCKET ENTRY #45.*** |
Filing 49
ORDER OF ADMINISTRATIVE CLOSURE--In the interest of judicial efficiency, the case shall be administratively closed pending disposition of Plaintiffs appeal by the Fifth Circuit Court of Appeals. The Clerk is directed to administratively close this case, which may be reopened after disposition of Plaintiffs appeal or by court order.. Signed by Judge Xavier Rodriguez. (bc)
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Text Order DENYING #46 Motion to Dismiss for Failure to State a Claim entered by Judge Xavier Rodriguez. Because Plaintiff has appealed the Court's Order denying its petition for preliminary injunction, Defendant's Motion to Dismiss is DENIED WITHOUT PREJUDICE to refiling after a ruling from the Fifth Circuit Court of Appeals. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dc3)
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| NOTICE OF APPEAL following #48 Notice of Appeal (E-Filed) by Raven Capital Group, LLC. Filing fee $ 505, receipt number 0542-14545826. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (bc) |
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Filing 48
Appeal of Order entered by District Judge #44 , #47 by Raven Capital Group, LLC. ( Filing fee $ 505 receipt number 0542-14545826) (Kahane, S. Joshua)
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Filing 47
ORDER-- For the foregoing reasons, Plaintiffs petition for preliminary injunction is DENIED. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 46 Motion to Dismiss for Failure to State a Claim by CH CRFP 26 LLC. (Cordoba, Nicole) |
| Filing 45 Transcript filed of Proceedings held on February 16, 2021, Proceedings Transcribed: Application for Preliminary Injunction. Court Reporter/Transcriber: Letitia Moncivais, Telephone number: 210-244-5038. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/19/2021, Redacted Transcript Deadline set for 3/29/2021, Release of Transcript Restriction set for 5/27/2021, (Moncivais, Letitia) |
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Filing 44
ORDER --On this day, the Court considered Plaintiffs petition for preliminary injunction. In the interest of judicial efficiency, the Court orders that the petition is denied and advises that a full order is forthcoming. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 42 TRIAL BRIEF (Post-Submission) by CH CRFP 26 LLC. (Attachments: #1 Exhibit 1)(Cordoba, Nicole) |
| Filing 41 SUPPLEMENTAL MEMORANDUM in Support of Application for Preliminary Injunction by Raven Capital Group, LLC. (Attachments: #1 Exhibit PSA Page 20, Section 10.10)(Kahane, S. Joshua) |
| Filing 40 TRANSCRIPT REQUEST by Raven Capital Group, LLC for proceedings held on 2/16/21. Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter: GIGI SIMCOX. (Greer, Aubrey)***Modified TEXT to reflect correct name of court reporter from Letitia Moncivais to Gigi Simcox on 2/25/2021 (dtg).*** |
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Text Order GRANTING IN PART AND DENYING IN PART #13 Motion to Expedite entered by Judge Xavier Rodriguez. This motion is granted in part and denied in part as stated in open Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dc3)
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| Filing 39 TRANSCRIPT REQUEST by CH CRFP 26 LLC for proceedings held on 02/16/2021. Proceedings Transcribed: Temporary Injunction Hearing. Court Reporter: GIGI SIMCOX. (Johnston, Alyssa)***Modified TEXT to reflect correct name of court reporter from Letitia Moncivais to Gigi Simcox on 2/25/2021 (dtg).*** |
| Filing 43 Minute Entry for proceedings held before Judge Xavier Rodriguez: Preliminary Injunction Hearing held on 2/16/2021 (Minute entry documents are not available electronically.) (Court Reporter Gigi Simcox.)(bc) |
| Filing 38 NOTICE Filing of Exhibits from Hearing on Preliminary Injunction (David Singer) by Raven Capital Group, LLC (Attachments: #1 Exhibit October 15, 2020 Prudential Closing Checklist, #2 Exhibit October 26, 2020 Prudential Closing Checklist, #3 Exhibit October 29, 2020 Prudential Closing Checklist, #4 Exhibit November 4, 2020 Prudential Closing Checklist, #5 Exhibit Executed Consents and Authorizations for Release of Financial and Credit Information, #6 Exhibit November 12, 2020 Prudential Closing Checklist, #7 Exhibit Borrower Entity Information and Certificates, #8 Exhibit November 15, 2020 Prudential Closing Checklist, #9 Exhibit November 125, 2020 email from M. Vaughan, #10 Exhibit Certificate of Liability Insurance, #11 Exhibit Borrower Org Charts, #12 Exhibit Silverstone Management Corporate and Executive Profiles, #13 Exhibit Chatham Financial Yield Maintenance Estimate, #14 Exhibit Management Agreement, Borrower Info, Executed Multifamily Underwriting Certificates, Borrower and Guarantor Financial Statements, #15 Exhibit November 19, 2020 Prudential Closing Checklist, #16 Exhibit November 24, 2020 email from Miranda Hoffman, #17 Exhibit November 24, 2020 email from Nicole Posner, #18 Exhibit November 24, 2020 email from Brenda Rowley, #19 Exhibit December 4, 2020 email from Miranda Hoffman re Deferred Maintenance Reserve Demand, #20 Exhibit Borrower's Year 1 and Cap-X Budgets, #21 Exhibit December 10, 2020 email from Matt Pohl re Assumption Term Changes, #22 Exhibit December 13, 2020 email from M. Vaughan re Legal Due Diligence Checklist, #23 Exhibit December 18, 2020 email from Roy Spencer re Seller's Termination and Halt in Communications)(Kahane, S. Joshua) |
| Filing 37 NOTICE of Filing Exhibits from Hearing on Preliminary Injunction by Raven Capital Group, LLC (Attachments: #1 Exhibit 9-16-2020 Email, #2 Exhibit PSA, #3 Exhibit Prudential Engagement Letter, #4 Exhibit Proof of Payment to Prudential, #5 Exhibit October 1, 2020 Internal Underwriting, #6 Exhibit Loss Run Report, #7 Exhibit November 12, 2020 Internal Underwriting, #8 Exhibit November 13, 2020 email - Terra Financial Underwriting, #9 Exhibit Executed Prudential Sources and Uses, #10 Exhibit December 10, 2020 Revised Internal Underwriting, #11 Exhibit December 14, 2020 email re Prudential's Loan Modifications, #12 Exhibit December 16, 2020 GT Termination Letter, #13 Exhibit January 26, 2021 HGI Commercial Funding Term Sheet)(Kahane, S. Joshua) |
| Filing 36 Exhibit List re Preliminary Injunction Hearing by CH CRFP 26 LLC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Errata 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Cordoba, Nicole) |
| Filing 35 NOTICE RAVEN CAPITAL GROUP, LLCS WITNESS AND EXHIBIT LIST FOR HEARING ON PRELIMINARY INJUNCTION by Raven Capital Group, LLC (Kahane, S. Joshua) |
| Filing 34 Witness List by CH CRFP 26 LLC. (Cordoba, Nicole) |
| Filing 33 Exhibit List re Preliminary Injunction Hearing by CH CRFP 26 LLC.. (Cordoba, Nicole) |
| Filing 32 RESPONSE IN OPPOSITION TO PLAINTIFF'S APPLICATION FOR PRELIMINARY INJUNCTION by CH CRFP 26 LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Cordoba, Nicole) |
| Filing 31 NOTICE of Document Transmittal by Raven Capital Group, LLC (Kahane, S. Joshua) |
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Filing 30
ORDER DENYING #20 Motion to Remand to State Court. Signed by Judge Xavier Rodriguez. (bc)
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Text Order GRANTING #29 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted leave to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dc3)
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| Filing 29 MOTION to Appear Pro Hac Vice (Alyssa Ortiz Johnston) by CH CRFP 26 LLC. (bc) |
| Filing 28 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 2/10/2021 (Minute entry documents are not available electronically.) (Court Reporter Gigi Simcox.)(bc) |
| Filing 27 NOTICE of Attorney Appearance by Nicole Leonard Cordoba on behalf of CH CRFP 26 LLC. Attorney Nicole Leonard Cordoba added to party CH CRFP 26 LLC(pty:dft) (Cordoba, Nicole) |
| Filing 26 NOTICE of Attorney Appearance by Henry B. Gonzalez, III on behalf of CH CRFP 26 LLC. Attorney Henry B. Gonzalez, III added to party CH CRFP 26 LLC(pty:dft) (Gonzalez, Henry) |
| Filing 25 REPLY to Response to Motion, filed by Raven Capital Group, LLC, re #20 MOTION to Remand to State Court and for Immediate Hearing and for an Award of Fees and Costs Incurred filed by Plaintiff Raven Capital Group, LLC (Kahane, S. Joshua) |
| Filing 24 Response in Opposition to Motion, filed by Raven Capital Group, LLC, re #13 MOTION to Expedite Discovery filed by Defendant CH CRFP 26 LLC (Attachments: #1 Exhibit Response in Opposition to Emergency Motion for Expedited Discovery)(Kahane, S. Joshua) |
| Filing 23 Response in Opposition to Motion, filed by CH CRFP 26 LLC, re #20 MOTION to Remand to State Court and for Immediate Hearing and for an Award of Fees and Costs Incurred filed by Plaintiff Raven Capital Group, LLC (Attachments: #1 Proposed Order Proposed Order Denying Plaintiff's Motion for Remand)(Kelly, Cara) |
| Filing 22 SUPPLEMENT to #1 Notice of Removal, (Defendant CH CRP 26 LLCs Second Supplement to Notice of Removal) by CH CRFP 26 LLC. (Kelly, Cara) |
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Filing 21
ORDER --The case is currently set for a hearing on Defendant CH CRFP 26, LLCs motion for expedited discovery on February 10, 2021. On February 4, 2021, Plaintiff filed a motion to remand and requested an emergency hearing. ECF No. 20. The Parties are hereby ORDERED to be prepared for argument on Plaintiffs motion to remand during the hearing currently set for February 10, 2021. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 20 MOTION to Remand to State Court and for Immediate Hearing and for an Award of Fees and Costs Incurred by Raven Capital Group, LLC. (Attachments: #1 Memo in Support Memorandum of Law and Argument in Support of Motion for Remand, for Immediate Hearing and for an Award of Fees and Costs, #2 Proposed Order Granting Motion for Remand, for Immediate Hearing and for an Award of Fees and Costs)(Kahane, S. Joshua) |
| Filing 19 SUPPLEMENT to #1 Notice of Removal, by CH CRFP 26 LLC. (Kelly, Cara) |
| Filing 18 ADVISORY TO THE COURT by CH CRFP 26 LLC (Defendant CH CRP 26 LLC's Amended Advisory to the Court). (Kelly, Cara) |
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Filing 17
ORDER-- ( Temporary Injunction Hearing set for 2/16/2021 3:00 PM before Judge Xavier Rodriguez). Signed by Judge Xavier Rodriguez. (bc)
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Filing 16
ORDER Setting Hearing Via Zoom on #13 MOTION to Expedite Discovery : Motion Hearing set for 2/10/2021 10:30 AM before Judge Xavier Rodriguez. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 15 Pro Hac Vice Fee Paid by Aubrey B. Greer; Filing fee $ 100, receipt number 500056747. (bc) |
| Filing 14 Pro Hac Vice Fee Paid by S. Joshua Kahane; Filing fee $ 100, receipt number 500056746. (bc) |
| Filing 13 MOTION to Expedite Discovery by CH CRFP 26 LLC. (Attachments: #1 Proposed Order)(Cordoba, Nicole) |
| Filing 12 Certificate of Interested Parties (Defendant CH CRP 26 LLC Rule 7.1 Certificate of Interested Parties) by CH CRFP 26 LLC. (Kelly, Cara) |
| Filing 11 ADVISORY TO THE COURT by CH CRFP 26 LLC . (Kelly, Cara) |
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Text Order GRANTING #7 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted leave to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dc3)
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Text Order GRANTING #8 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted leave to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dc3)
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| Filing 10 ADVISORY TO THE COURT by Raven Capital Group, LLC. (bc) |
| Filing 9 WAIVER OF SERVICE Returned Executed by CH CRFP 26 LLC as to CH CRFP 26 LLC. Waiver sent on 1/28/2021, answer due 3/29/2021. (Kelly, Cara) |
| Filing 8 MOTION to Appear Pro Hac Vice (Ashley B. Greer) by Raven Capital Group, LLC. (bc) |
| Filing 7 MOTION to Appear Pro Hac Vice by S. Joshua Kahane by on behalf of Raven Capital Group, LLC. (bc) |
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Filing 6
ORDER --This Court set a temporary injunction hearing for today, January 27, 2021 at 3:00 p.m. The parties have since corresponded with the Court and advised that they have reached an agreement to re-set the hearing for a later date. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 5 STIPULATION (Agreed Stipulation) by CH CRFP 26 LLC. and Raven Capital Group, LLC. (Kelly, Cara) Modified on 1/27/2021 To edit text (bc). |
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Filing 3
ORDER SETTING TEMPORARY INJUNCTION HEARING ( Temporary Injunction Hearing set for 1/27/2021 3:00 PM before Judge Xavier Rodriguez) via ZoomGov. The Courtroom Deputy will inform the parties of the manner in which the hearing can be accessed. Signed by Judge Xavier Rodriguez. (bc)
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Filing 4
STANDING ORDER CONCERNING REMOVED CASES. Signed by Judge Xavier Rodriguez. (bc)
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| Filing 2 Letter sent to attorney S. Joshua Kahane regarding admission into the Western District of Texas (cd) |
| Case assigned to Judge Xavier Rodriguez. 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. (cd) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (cd) |
| Filing 1 NOTICE OF REMOVAL by CH CRFP 226 LLC (Filing fee $402 receipt number 0542-14406876), filed by CH CRFP 226 LLC. (Attachments: #1 Exhibit A - List of Counsel of Record, #2 Exhibit B - State Court Docket, #3 Exhibit C - State Court Pleadings, #4 Exhibit D - Raven Capital Group LLC Certificate of Formation, #5 Civil Cover Sheet, #6 Supplement Civil Cover Sheet)(Kelly, Cara) |
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