Broussard v. Finwise Bank, Inc., et al
| Christopher Broussard |
| Finewise Bank, Inc, Mulligan Funding, LLC, Mulligan Senior, LLC, Innovative Funding Solutions, LLC, Mark Leibowitz, David Leibowitz and Zachary Stoll |
| 5:2021cv01238 |
| December 15, 2021 |
| US District Court for the Western District of Texas |
| Elizabeth S Chestney |
| Orlando L Garcia |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
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Filing 17
ORDERED, That the claims against Funding Solutions, LLC and Zachary Stollare DISMISSED without prejudice for failure to comply with the Court's show cause order, failure to serve pursuant to Fed. R. Civ. P. 4(m), and failure to prosecute. It is further ORDERED that this case be ADMINISTRATIVELY CLOSED because the remaining claims have been stayed and ordered to arbitration. The parties must continue to file their status reports as previously ordered and any party may file a motion to reopen should the need arise. re #15 Order to Show Cause, filed by Christopher Broussard. Signed by Chief Judge Orlando L. Garcia. (wg)
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Filing 16
ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (wg)
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Filing 15
ORDER TO SHOW CAUSE as to Christopher Broussard, Plaintiff file his proof of service of Defendants Innovative Funding Solutions, LLC, and Zachary Stoll or an Advisory demonstrating good cause for his failure to serve Defendants Innovative Funding Solutions, LLC, and Zachary Stoll on or before May 26, 2022. (Show Cause Response due by 5/26/2022). Signed by Judge Elizabeth S. Chestney. (wg)
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Filing 14
ORDER GRANTING re #10 MOTION to Compel Arbitration filed by Finewise Bank, Inc, It is ORDERED that the claims of Plaintiff against Defendants FinWise Bank, Mulligan Funding, LLC, Mark Leibowitz, and David Leibowitz are COMPELLED TO ARBITRATION in accordance with the arbitration provision contained in Section 33 of the Business Loan and Security Agreements.IT IS FURTHER ORDERED Plaintiffs claims against Defendants FinWise Bank,Mulligan Funding, LLC, Mark Leibowitz, and David Leibowitz, are STAYED pending the completion of arbitration proceedings. IT IS FINALLY ORDERED that Plaintiff and Defendants FinWise Bank, Mulligan Funding, LLC, Mark Leibowitz, and David Leibowitz must FILE QUARTERLY STATUS REPORTS on the progress of the arbitration, with the first advisory due on August 1, 2022. Signed by Judge Elizabeth S. Chestney. (wg)
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Filing 13
NOTICE of Attorney Appearance by Mark E Rooney on behalf of Finewise Bank, Inc, David Leibowitz, Mark Leibowitz, Mulligan Funding, LLC, Mulligan Senior, LLC (Rooney, Mark)
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Filing 12
REPLY to Response to Motion, filed by Finewise Bank, Inc, re #10 MOTION to Compel Arbitration filed by Defendant Finewise Bank, Inc (Wier, Keith)
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Filing 11
PRO-SE PLAINTIFF'S RESPONSE to #10 MOTION to Compel Arbitration by Christopher Broussard. (wg)
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Filing 10
MOTION to Compel Arbitration by Finewise Bank, Inc. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Wier, Keith)
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Text Order DISMISSING #9 Motion for Clerk's Entry of Default entered by Judge Elizabeth S. Chestney. Plaintiff's motion for Clerk's entry of default is hereby DISMISSSED WITHOUT PREJUDICE in light of the extension of time granted to file an answer or other responsive pleading in this case. If any Defendants fails to respond by the amended deadline, Plaintiff may renew his motion for Clerk's entry of default. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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Filing 9
PRO-SE MOTION for Clerk's Entry of Default against Finewise Bank, Inc., et.al. by Christopher Broussard.. Motions referred to Judge Elizabeth S. Chestney. (wg)
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Filing 8
Pro Hac Vice Letter forwarded to Atty: Mark E. Rooney. (wg)
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney. Signed by Chief Judge Orlando L. Garcia. (wg)
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Filing 6
***NOTIFIED COUNSEL, DOCUMENT WAS FILED W/O COVER PAGE, NO CASE STYLE, CASE NUMBER, OR ATTY. SIGNATURE.***DEFICIENCY NOTICE: re #5 Attachment, (wg)
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Filing 5
***DOCUMENT DEFICENT, DOCUMENT HAS NO COVER PAGE, WITH CASE STYLE, NUMBER OR ATTY.SIGNATURE ***ATTACHMENT to #3 MOTION for Extension of Time to File Answer by Finewise Bank, Inc, David Leibowitz, Mark Leibowitz, Mulligan Funding, LLC, Mulligan Senior, LLC. (Wier, Keith) Modified on 1/19/2022 (wg).
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Filing 4
ATTACHMENT Proposed Order to #3 MOTION for Extension of Time to File Answer by Finewise Bank, Inc, David Leibowitz, Mark Leibowitz, Mulligan Funding, LLC, Mulligan Senior, LLC. (Wier, Keith) Modified text on 1/19/2022 (wg).
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Text Order GRANTING #3 Motion for Extension of Time to Answer. IT IS THEREFORE ORDERED that Movants time to respond to the complaint is February 17, 2022 entered by Chief Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
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Reset Deadlines: Finewise Bank, Inc answer due 2/17/2022; David Leibowitz answer due 2/17/2022; Mark Leibowitz answer due 2/17/2022; Mulligan Funding, LLC answer due 2/17/2022; Mulligan Senior, LLC answer due 2/17/2022. (wg)
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Filing 3
MOTION for Extension of Time to File Answer by Finewise Bank, Inc, David Leibowitz, Mark Leibowitz, Mulligan Funding, LLC, Mulligan Senior, LLC. (Wier, Keith)
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Filing 2
Summons Issued as to Finewise Bank, Inc, David Leibowitz, Mark Leibowitz, Mulligan Funding, LLC, Mulligan Senior, LLC, Zachary Stoll. (wg)
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Filing 1
COMPLAINT ( Filing fee $ 402 receipt number 500059505), filed by Christopher Broussard. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt Copy)(cd)
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If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (cd)
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CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE ORLANDO GARCIA. (cd)
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