McCants et al v. Dovenmuehle Mortgage et al
| Tracy McCants, Daniel Eugene McCants, Tracy Knox McCants and Daniel Eugene McCants, Sr. |
| Village Capital & Investment LLC, Dovenmuehle Mortgage and Dovenmuehle Mortgage, Inc. |
| 6:2021cv00129 |
| February 5, 2021 |
| US District Court for the Western District of Texas |
| Alan D Albright |
| Derek T Gilliland |
| Jeffrey C Manske |
| Other Statutory Actions |
| 12 U.S.C. § 2605 Real Estate Settlement Procedures Act (RESPA) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.
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Filing 193
ORDER GRANTING #192 Motion to Extend Scheduling Order Deadlines. Signed by Judge Derek T. Gilliland. (zv)
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Filing 192
Agreed MOTION to Extend Scheduling Order Deadlines (Motion to Modify Certain Pre-Trial Deadlines) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order)(Smith, Claude)
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Filing 191
SCHEDULING ORDER:Final Pretrial Conference set for 11/6/2023 before Judge Derek T. Gilliland. Pre Voir Dire Conference (Zoom Hearing) set for 11/9/2023 02:00 PM before Judge Derek T. Gilliland. Jury Selection set for 11/13/2023 09:00AM before Judge Derek T. Gilliland. Jury Trial set for 11/13/2023 01:00 PM before Judge Derek T. Gilliland. Motions terminated: #190 Joint MOTION for Entry of Scheduling Order Deadlines filed by Tracy Knox McCants, Daniel Eugene McCants, Sr. Signed by Judge Derek T. Gilliland. (zv)
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Filing 190
Joint MOTION for Entry of Scheduling Order Deadlines by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A)(Smith, Claude)
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Filing 189
Unopposed MOTION to Withdraw as Attorney for Plaintiffs by Erin B. Shank of Erin B. Shank, P.C. by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order)(Smith, Claude)
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Filing 188
ORDER SETTING JURY TRIAL. Jury Trial set for 11/13/2023 01:00 PM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (zv)
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Filing 187
ORDER SETTING VOIR DIRE AND PRE-VOIR DIRE CONFERENCE. Pre Voir Dire Conference set for 11/9/2023 02:00 PM before Judge Derek T. Gilliland. Jury Selection set for 11/13/2023 09:00AM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (zv)
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Filing 186
STATUS REPORT Second Update to Joint Status Report filed at ECF No. 90 by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Cronenwett, Mark)
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Filing 185
Minute Entry for proceedings held before Judge Derek T. Gilliland: Status Conference held on 9/28/2023. Case called for a Status Conference via Zoom. Parties announced ready. Statements and arguments of counsel heard. Defendant's Motion to Extend Scheduling Order Deadlines Trial and Pre-Trial Deadlines (Doc. 154) is GRANTED in PART and DENIED in PART. Plaintiff's Motion to Strike Defendants' Designated Expert Gregory Perry and Exclude His Testimony (Doc. 146) is DENIED as MOOT. Parties are to meet and confer on remaining pretrial deadlines and dates and file a Motion for Entry of a Revised Scheduling Order order on the docket and email a word version to the Court's Law Clerk at Mark _Scott@txwd.uscourts.gov by Thursday, October 5, 2023. Written Order to follow. Hearing concluded. (Minute entry documents are not available electronically.) (Court Reporter FTR.)(zv)
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Text Order GRANTING IN PART AND DENYING IN PART #154 Motion to Extend Scheduling Order Deadlines entered by Judge Derek T. Gilliland. The request for a 60-day extension is DENIED, but the request to reschedule trial and the request for an extension is GRANTED. It is ORDERED that trial is reset for Nov. 13, 2023 at 9:00 am and the parties shall submit a revised schedule of deadlines for pretrial submissions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DTG)
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Reset Hearings: Jury Selection and Jury Trial set for 11/13/2023 09:00 AM before Judge Derek T. Gilliland. (zv)
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Text Order MOOTING #146 Motion to Strike #146 MOTION to Strike #101 Designation of Expert Witnesses (Gregory Perry) entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DTG)
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Filing 184
STATUS REPORT (Update to Plaintiffs' Motion for Sanctions at ECF 73) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Smith, Claude)
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ORDER REASSIGNING CASE. Case reassigned to Judge Derek T. Gilliland for all proceedings. Judge Alan D Albright no longer assigned to case. Construed in EFC #183 per CRDmc and MSlc. Signed by Judge Alan D Albright. (zv)
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Filing 183
CONSENT to Trial by US Magistrate Judge by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Smith, Claude)
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Filing 182
CONSENT to Trial by US Magistrate Judge by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Lopez, Vivian)
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Filing 181
REPLY to Response to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #171 MOTION to Bifurcate Trial filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 180
ORDER RESETTING Zoom Status Conference for 9/28/2023 10:00 AM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (bot2)
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Filing 179
ORDER Setting Zoom Status Conference for 9/26/2023 04:00 PM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (bot2)
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Filing 178
ORDER SETTING INITIAL PRETRIAL CONFERENCE. Miscellaneous Hearing (INITIAL PRETRIAL CONFERENCE) set for 10/19/2023 09:00 AM before Judge Derek T. Gilliland. The Court is prepared to hear argument on the following: ECF Nos. 98, 104, 107, 109, 115, 116, 122, 125, 127, 129, 131, 132, 135, 145, 146, 153, and any other outstanding issue to be raised by the parties. Signed by Judge Derek T. Gilliland. (zv)
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Filing 177
CONSENT to Trial by US Magistrate Judge by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Cronenwett, Mark)
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Filing 176
ORDER DENYING #173 Joint MOTION to Continue (Joint Motion to Continue Trial and Pre-Trial Deadlines Pending Ruling on Dispositive Motions). Signed by Judge Alan D Albright. (zv)
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Filing 175
Sealed Document filed: Exhibit B to #146 MOTION to Strike 101 Designation of Expert Witnesses (Gregory Perry). (zv)
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Text Order GRANTING #147 Motion for Leave to File Sealed Document entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 174
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #171 MOTION to Bifurcate Trial filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Smith, Claude)
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Filing 173
Joint MOTION to Continue (Joint Motion to Continue Trial and Pre-Trial Deadlines Pending Ruling on Dispositive Motions) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 172
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #160 Opposed MOTION for Leave to File Plaintiffs' Sur-Reply in Opposition to Defendants' Second Motion for Partial Summary Judgement filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Smith, Claude)
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Filing 171
MOTION to Bifurcate Trial by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Text Order GRANTING #155 Unopposed Motion for Extension of Time to File Response/Reply re #155 Unopposed MOTION for Extension of Time to File MOTION for Extension of Time to File Response/Reply as to #146 MOTION to Strike #101 Designation of Expert Witnesses (Gregory Perry) entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 170
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #135 MOTION to Strike the Declaration of Jennifer Zitting and exhibits thereto, including the affidavit of Jason Madison filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Attachments: #1 Exhibit A)(Smith, Claude)
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Filing 169
REPLY to Response to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #153 MOTION to Stay Certain Discovery Requests filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 168
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #132 MOTION to Strike certain paragraphs of and exhibits to the Declaration of Charles Portman (ECF 104-1, Ex. B) filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Smith, Claude)
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Filing 167
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #131 MOTION to Strike certain paragraphs of and exhibits to the Declaration of Charles Portman (ECF 104-1, Ex. A) filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Smith, Claude)
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Filing 166
REPLY to Response to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #154 MOTION to Extend Scheduling Order Deadlines Trial and Pre-Trial Deadlines filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 165
RESPONSE to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #160 Opposed MOTION for Leave to File Plaintiffs' Sur-Reply in Opposition to Defendants' Second Motion for Partial Summary Judgement filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 164
RESPONSE to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #146 MOTION to Strike #101 Designation of Expert Witnesses (Gregory Perry) filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 163
NOTICE De-Designation of Expert Witness by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 162
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #154 MOTION to Extend Scheduling Order Deadlines Trial and Pre-Trial Deadlines filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Smith, Claude)
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Filing 161
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #153 MOTION to Stay Certain Discovery Requests filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Claude)
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Filing 160
Opposed MOTION for Leave to File Plaintiffs' Sur-Reply in Opposition to Defendants' Second Motion for Partial Summary Judgement by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A - Sur-Reply, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 159
Response in Opposition to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #135 MOTION to Strike the Declaration of Jennifer Zitting and exhibits thereto, including the affidavit of Jason Madison filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Attachments: #1 Exhibit)(Cronenwett, Mark)
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Filing 158
Response in Opposition to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #132 MOTION to Strike certain paragraphs of and exhibits to the Declaration of Charles Portman (ECF 104-1, Ex. B) filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 157
Response in Opposition to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #131 MOTION to Strike certain paragraphs of and exhibits to the Declaration of Charles Portman (ECF 104-1, Ex. A) filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 156
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #145 Opposed MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Strike Certain Evidence Included in Plaintiffs' Appendix at ECF 122 filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Smith, Claude)
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Filing 155
Unopposed MOTION for Extension of Time to File , MOTION for Extension of Time to File Response/Reply as to #146 MOTION to Strike #101 Designation of Expert Witnesses (Gregory Perry) by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Lopez, Vivian)
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Text Order GRANTING #155 Unopposed Motion for Extension of Time to File entered by Judge Derek T. Gilliland. The deadline for Defendants to file their Response to Plaintiffs' Motion to Strike Defendants' Designated Expert Gregory Perry and Exclude his Testimony filed at ECF No. 146 is HEREBY EXTENDED to August 31, 2023.(This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 154
MOTION to Extend Scheduling Order Deadlines Trial and Pre-Trial Deadlines by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 153
MOTION to Stay Certain Discovery Requests by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit A, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 152
REPLY to Response to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #104 Second MOTION for Summary Judgment Partial filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 151
RESPONSE to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #145 Opposed MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Strike Certain Evidence Included in Plaintiffs' Appendix at ECF 122 filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 150
REPLY to Response to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #107 MOTION to Dismiss for Lack of Standing filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 149
CERTIFICATE of Counsel re #147 Motion for leave to File Sealed Document (Amended Certificate of Conference) by Claude Dabney Smith on behalf of Daniel Eugene McCants, Sr, Tracy Knox McCants (Smith, Claude)
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Filing 148
CERTIFICATE of Counsel re #146 MOTION to Strike #101 Designation of Expert Witnesses (Gregory Perry) (Amended Certificate of Conference) by Claude Dabney Smith on behalf of Daniel Eugene McCants, Sr, Tracy Knox McCants (Smith, Claude)
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Filing 147
Motion for leave to File Sealed Document. Referral Judge: Derek T. Gilliland. (Attachments: #1 Exhibit B, #2 Proposed Order) (Smith, Claude)
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Filing 146
MOTION to Strike #101 Designation of Expert Witnesses (Gregory Perry) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 145
Opposed MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Strike Certain Evidence Included in Plaintiffs' Appendix at ECF 122 by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A - Sur-Reply, #2 Exhibit A to Sur-Reply - Daniel McCants Deposition Excerpts, #3 Exhibit B to Sur-Reply - Tracy McCants Deposition Excerpts, #4 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 144
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #129 Opposed MOTION to Compel Production of Documents as to Net Worth filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Smith, Claude)
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Filing 143
ORDER GRANTING #142 Motion for Extension of Time to File Response/Reply re #142 Unopposed MOTION for Extension of Time to File Response/Reply as to #135 MOTION to Strike the Declaration of Jennifer Zitting and exhibits thereto, including the affidavit of Jason Madison, #132 MOTION to Strike certain paragraph. Signed by Judge Derek T. Gilliland. (zv)
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Filing 142
Unopposed MOTION for Extension of Time to File Response/Reply as to #135 MOTION to Strike the Declaration of Jennifer Zitting and exhibits thereto, including the affidavit of Jason Madison, #132 MOTION to Strike certain paragraphs of and exhibits to the Declaration of Charles Portman (ECF 104-1, Ex. B), #131 MOTION to Strike certain paragraphs of and exhibits to the Declaration of Charles Portman (ECF 104-1, Ex. A), #107 MOTION to Dismiss for Lack of Standing, #115 Second MOTION for Summary Judgment Partial by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Lopez, Vivian)
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Filing 141
RESPONSE in Support, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #127 Opposed MOTION to Extend Scheduling Order Deadlines filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 140
Sealed Document filed: APPENDIX IN OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF #115 ] AND IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF STANDING [ECF #107 ]. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12) (zv)
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Text Order GRANTING #138 Motion for Leave to File Sealed Document entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Text Order GRANTING #139 Motion for Extension of Time to File Response/Reply re #139 Unopposed MOTION for Extension of Time to File Response/Reply as to #137 Response to Motion, #136 Response in Opposition to Motion, #138 Motion for leave to File Sealed Document to August 4, 2023 entered by Judge Derek T. Gilliland. Noting the motion is unopposed, it is THEREFORE GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 139
Unopposed MOTION for Extension of Time to File Response/Reply as to #137 Response to Motion, #136 Response in Opposition to Motion, #138 Motion for leave to File Sealed Document to August 4, 2023 by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 138
Motion for leave to File Sealed Document. Referral Judge: Derek T. Gilliland. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Proposed Order) (Smith, Claude)
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Filing 137
RESPONSE to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #107 MOTION to Dismiss for Lack of Standing filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Smith, Claude)
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Filing 136
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #115 Second MOTION for Summary Judgment Partial filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Smith, Claude)
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Filing 135
MOTION to Strike the Declaration of Jennifer Zitting and exhibits thereto, including the affidavit of Jason Madison by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 134
Response in Opposition to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #129 Opposed MOTION to Compel Production of Documents as to Net Worth filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 133
REPLY to Response to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #122 MOTION to Strike #113 Sealed Document, Certain Evidence Included in Plaintiff's Appendix filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 132
MOTION to Strike certain paragraphs of and exhibits to the Declaration of Charles Portman (ECF 104-1, Ex. B) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 131
MOTION to Strike certain paragraphs of and exhibits to the Declaration of Charles Portman (ECF 104-1, Ex. A) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order, #2 Exhibit A). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 130
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #127 Opposed MOTION to Extend Scheduling Order Deadlines filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Claude)
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Filing 129
Opposed MOTION to Compel Production of Documents as to Net Worth by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 128
RESPONSE to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #122 MOTION to Strike #113 Sealed Document, Certain Evidence Included in Plaintiff's Appendix filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Attachments: #1 Exhibit A-B)(Smith, Claude)
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Filing 127
Opposed MOTION to Extend Scheduling Order Deadlines by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 126
RESPONSE to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #125 Opposed MOTION for Leave to File Plaintiffs' Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgement at ECF 98 filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 125
Opposed MOTION for Leave to File Plaintiffs' Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgement at ECF 98 by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A - Sur-reply, #2 Supplemental Appendix, #3 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 124
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #109 MOTION to Strike #98 MOTION for Partial Summary Judgment And Brief In Support Portions of Portman Declaration filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Smith, Claude)
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Filing 123
RESPONSE to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #109 MOTION to Strike #98 MOTION for Partial Summary Judgment And Brief In Support Portions of Portman Declaration filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 122
MOTION to Strike #113 Sealed Document, Certain Evidence Included in Plaintiff's Appendix by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 121
REPLY to Response to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #98 MOTION for Partial Summary Judgment And Brief In Support filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 120
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #116 Opposed MOTION to Strike #107 MOTION to Dismiss for Lack of Standing, #115 Second MOTION for Summary Judgment Partial, #104 Second MOTION for Summary Judgment Partial filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Smith, Claude)
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Filing 119
RESPONSE to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #116 Opposed MOTION to Strike #107 MOTION to Dismiss for Lack of Standing, #115 Second MOTION for Summary Judgment Partial, #104 Second MOTION for Summary Judgment Partial filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Attachments: #1 Exhibit A)(Cronenwett, Mark)
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Text Order GRANTING #118 Motion for Extension of Time to File Response/Reply re #118 Unopposed MOTION for Extension of Time to File Response/Reply as to #111 Response in Opposition to Motion, entered by Judge Derek T. Gilliland. Defendants' Motion is GRANTED and the deadline for Defendants to file their Reply in Support of Defendants' Motion for Partial Summary Judgment filed at ECF No. 98 is extended to July 13, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Text Order GRANTING #117 Motion for Extension of Time to File Response/Reply re #117 Unopposed MOTION for Extension of Time to File Response/Reply as to #107 MOTION to Dismiss for Lack of Standing, #115 Second MOTION for Summary Judgment Partial, #104 Second MOTION for Summary Judgment Partial entered by Judge Derek T. Gilliland. Plaintiffs' deadline to file a response to Defendants' Second Motion for Partial Summary Judgment at ECF 104 (and re-filed at ECF 115) is hereby extended to and through August 3, 2023. It is further ORDERED that Plaintiffs deadline to file a response to Defendants' Motion to Dismiss for Lack of Standing at ECF 107 is hereby extended to and through August 3, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 118
Unopposed MOTION for Extension of Time to File Response/Reply as to #111 Response in Opposition to Motion, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 117
Unopposed MOTION for Extension of Time to File Response/Reply as to #107 MOTION to Dismiss for Lack of Standing, #115 Second MOTION for Summary Judgment Partial, #104 Second MOTION for Summary Judgment Partial by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 116
Opposed MOTION to Strike #107 MOTION to Dismiss for Lack of Standing, #115 Second MOTION for Summary Judgment Partial, #104 Second MOTION for Summary Judgment Partial by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 115
Second MOTION for Summary Judgment Partial by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit A-F, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 114
Sealed Document filed: Exhibits C, E, and F in support to #115 Second MOTION for Summary Judgment Partial. (zv) Modified on 6/30/2023 to link to refiled Motion per MSlc instead of #104 (zv).
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Filing 113
Sealed Document filed: APPENDIX IN OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF #98 ] (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (zv)
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Filing 112
Sealed Document filed: Exhibits A & B re #107 MOTION to Dismiss for Lack of Standing. (zv)
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Text Order GRANTING #103 Motion for Leave to File Excess Pages entered by Judge Derek T. Gilliland. Defendant is allowed more than 40 pages, and is ordered to refile its motion accordingly. Plaintiff is entitled to a reciprocal extension of pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Text Order GRANTING #110 Motion for Leave to File Sealed Document entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Text Order GRANTING #108 Motion for Leave to File Sealed Document entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Text Order GRANTING #105 Motion for Leave to File Sealed Document entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 111
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #98 MOTION for Partial Summary Judgment And Brief In Support filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Smith, Claude)
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Filing 110
Unopposed Motion for leave to File Sealed Document. Referral Judge: Derek T. Gilliland. (Attachments: #1 Proposed Order, #2 Appendix, #3 Appendix Ex 1, #4 Appendix Ex 2, #5 Appendix Ex 3, #6 Appendix Ex 4, #7 Appendix Ex 5, #8 Appendix Ex 6, #9 Appendix Ex 7, #10 Appendix Ex 8, #11 Appendix Ex 9, #12 Appendix Ex 10) (Smith, Claude)
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Filing 109
MOTION to Strike #98 MOTION for Partial Summary Judgment And Brief In Support Portions of Portman Declaration by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 108
Unopposed Motion for leave to File Sealed Document. Referral Judge: Derek T. Gilliland. (Attachments: #1 Exhibit A-B, #2 Proposed Order) (Cronenwett, Mark)
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Filing 107
MOTION to Dismiss for Lack of Standing by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit A-B, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 106
NOTICE Amended Certificate of Service by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 105
Unopposed Motion for leave to File Sealed Document. Referral Judge: Derek T. Gilliland. (Attachments: #1 Exhibit, #2 Proposed Order) (Cronenwett, Mark)
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Filing 104
Second MOTION for Summary Judgment Partial by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 103
MOTION for Leave to Exceed Page Limitation for Second Motion for Partial Summary Judgment by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit A, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 102
Remark: Flashdrive received in Clerk's Office from attorney Erin B. Shank with audio files re #98 MOTION for Partial Summary Judgment And Brief In Support. Audio files will not be uploaded at this time. Sent to Clerk's Office secure storage for Court's use. (zv)
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DEFICIENCY NOTICE: re #105 Unopposed Motion for leave to File Sealed Document. The Certificate of Service states that service was accomplished via CM/ECF, however that is not possible with sealed documents. Though a Notice goes out to all attys, the document filed is not accessible. Please secure another means of service and file a corrected Certificate of Service linked to document #105. (see Local Rule CV-5.2(e)) (zv)
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Filing 101
DESIGNATION OF EXPERT WITNESSES by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Cronenwett, Mark)
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Filing 100
STATUS REPORT Update to Joint Report filed at ECF No. #90 by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Cronenwett, Mark)
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Text Order GRANTING #99 Motion for Extension of Time to File Response/Reply re #99 MOTION for Extension of Time to File Response/Reply as to #98 MOTION for Partial Summary Judgment And Brief In Support and Motion to Exceed Page Limits on Response Brief entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Parties shall comply with Judge Albright's updated Standing Orders: #Order Regarding Court Docket Management and #Amended Standing Order for Pretrial Procedure. Both orders are available by clicking the hyperlink. (bot2)
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Filing 99
MOTION for Extension of Time to File Response/Reply as to #98 MOTION for Partial Summary Judgment And Brief In Support and Motion to Exceed Page Limits on Response Brief by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 98
MOTION for Partial Summary Judgment And Brief In Support by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Text Order GRANTING #97 Motion for Leave to File Excess Pages entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 97
MOTION for Leave to Exceed Page Limitation by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 96
STATUS REPORT regarding Mediation by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Smith, Claude)
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Filing 95
STATUS REPORT Defendants' Report Regarding Mediation by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Cronenwett, Mark)
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Filing 94
Sealed Document filed: PLAINTIFFS UPDATE TO STATUS REPORT REGARDING PLAINTIFFS MOTION FOR SANCTIONS re #90 and #73 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (zv)
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Text Order GRANTING #93 Motion for Leave to File Sealed Document entered by Judge Derek T. Gilliland. The parties are also to submit a status report concerning the settlement negotiations that were discussed at the last hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 93
Unopposed Motion for leave to File Sealed Document. Referral Judge: Derek T. Gilliland. (Attachments: #1 Proposed Order, #2 Exhibit 1 - Update to Status Report Regarding Plaintiffs' Motion for Sanctions, #3 Exhibit A to Update to Status Report, #4 Exhibit B to Update to Status Report, #5 Exhibit C to Update to Status Report, #6 Exhibit D to Update to Status Report) (Smith, Claude)
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Filing 92
SCHEDULING ORDER GRANTING IN PART AND DENYING IN PART #91 Motion to Extend Scheduling Order Deadlines. Signed by Judge Derek T. Gilliland. (zv)
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Set Deadlines/Hearings: Dispositive Motions due by 6/29/2023. Final Pretrial Conference set for 10/23/2023 before Judge Alan D Albright. Jury Selection set for 10/30/2023 09:00AM before Judge Derek T. Gilliland. Jury Trial set for 10/30/2023 before Judge Alan D Albright. (zv)
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Filing 91
Joint MOTION to Extend Scheduling Order Deadlines by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 90
STATUS REPORT regarding Docket No. #73 (Plaintiffs' Motion for Sanctions) and #89 (Minute Entry regarding Hearing on Plaintiffs' Motion for Sanctions) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit)(Smith, Claude)
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Filing 89
Minute Entry for proceedings held before Judge Derek T. Gilliland: Motion Hearing held on 2/28/2023 re #73 Opposed MOTION for Sanctions for Defendants' Violation of Discovery Order filed by Tracy Knox McCants, Daniel Eugene McCants, Sr., #82 MOTION Requesting Referral to Settlement Conference with U.S. Magistrate Judge filed by Dovenmuehle Mortgage, Inc. Case called for Motions Hearing via Zoom. Parties announced ready. Statements and arguments of counsel heard. Plaintiff's Opposed Motion for Sanctions for Defendants' Violation of Discovery Order (Doc. 73) is taken under advisement. Parties are to meet and confer and provide a status update to the Court by Friday, March 3, 2023 by 5pm. Defendant's Motion Requesting Referral to Settlement Conference with U.S. Magistrate Judge (Doc. 82) is Granted as modified. Parties are to mediate within the next month and notify the court of the parties proposed mediator by Friday, March 3, 2023 by 5pm. Text order to follow. Hearing concluded. (Minute entry documents are not available electronically.) (Court Reporter FTR.)(zv)
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Text Order GRANTING IN PART #82 Motion for Settlement Conference. As ORDERED on the record at the February 28, 2023 hearing, the Parties are to mediate within 30 days and provide the law clerk with a status update by 5pm this Friday. Entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 88
Sealed Document filed: PLAINTIFFS SUPPLEMENTAL BRIEF IN SUPPORT OF OPPOSED MOTION FOR SANCTIONS re #73 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (zv)
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Text Order GRANTING #74 Motion for Leave to File Sealed Document entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 87
ORDER RESETTING MOTIONS HEARING VIA ZOOM re #73 Opposed MOTION for Sanctions for Defendants' Violation of Discovery Order filed by Tracy Knox McCants, Daniel Eugene McCants, Sr., #82 MOTION Requesting Referral to Settlement Conference with U.S. Magistrate Judge filed by Dovenmuehle Mortgage, Inc. Motion Hearing reset for 2/28/2023 02:00 PM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (mc5)
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Filing 86
REPLY to Response to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #82 MOTION Requesting Referral to Settlement Conference with U.S. Magistrate Judge filed by Defendant Dovenmuehle Mortgage, Inc. (Cronenwett, Mark)
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Filing 85
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #82 MOTION Requesting Referral to Settlement Conference with U.S. Magistrate Judge filed by Defendant Dovenmuehle Mortgage, Inc. (Smith, Claude)
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Filing 84
ORDER GRANTING #83 Motion to Appear Pro Hac Vice for Attorney Theodore 0. Bartholow for Daniel Eugene McCants, Sr. and Tracy Knox McCants. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Derek T. Gilliland. (zv)
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Filing 83
MOTION to Appear Pro Hac Vice by Claude Dabney Smith - filing for Theodore O. Bartholow ( Filing fee $ 100 receipt number CTXWDC-17063255) by on behalf of Daniel Eugene McCants, Sr, Tracy Knox McCants.. Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 82
MOTION Requesting Referral to Settlement Conference with U.S. Magistrate Judge by Dovenmuehle Mortgage, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Set Jury Selection set for 10/2/2023 before Judge Derek T. Gilliland. (ad3)
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Filing 81
ORDER GRANTING #77 Motion to Extend Scheduling Order Deadlines: Motions due by 6/1/2023. Pretrial Conference set for 9/25/2023 before Judge Alan D Albright. Jury Selection set for 10/2/2023 before Judge Derek T. Gilliland. Jury Trial set for 10/2/2023 before Judge Alan D Albright. Signed by Judge Derek T. Gilliland. (ad3)
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Filing 80
ORDER Setting Zoom Motion Hearing for 2/23/2023 02:00 PM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (bot2)
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Filing 79
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #73 Opposed MOTION for Sanctions for Defendants' Violation of Discovery Order filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Attachments: #1 Exhibit A)(Smith, Claude)
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Filing 78
Pro Hac Vice Letter to Daniel Eugene McCants, Sr, Tracy Knox McCants for attorney Theodore O. Bartholow, III. (zv)
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Filing 77
Joint MOTION to Extend Scheduling Order Deadlines by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 76
Response in Opposition to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #73 Opposed MOTION for Sanctions for Defendants' Violation of Discovery Order filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Attachments: #1 Exhibit)(Cronenwett, Mark)
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Text Order GRANTING #75 Unopposed Motion to Extend Response date for Motions for Sanctions, entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 75
Unopposed MOTION to Extend Deadline to Respond to Plaintiff's Opposed Motion for Sanctions, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Lopez, Vivian)
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Filing 74
Opposed Motion for leave to File Sealed Document. Referral Judge: Derek T. Gilliland. (Attachments: #1 Supplement, #2 Exhibit A to Supplemental Brief, #3 Exhibit B to Supplemental Brief, #4 Exhibit C to Supplemental Brief, #5 Exhibit D to Supplemental Brief, #6 Exhibit E to Supplemental Brief, #7 Proposed Order) (Smith, Claude)
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Filing 73
Opposed MOTION for Sanctions for Defendants' Violation of Discovery Order by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 72
NOTICE of Attorney Appearance by Vivian Nahir Lopez on behalf of Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. Attorney Vivian Nahir Lopez added to party Dovenmuehle Mortgage, Inc.(pty:dft), Attorney Vivian Nahir Lopez added to party Village Capital & Investment LLC(pty:dft) (Lopez, Vivian)
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Filing 71
FIRST AMENDED ANSWER to #57 Amended Complaint (Second Amended), by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (zv)
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Text Order GRANTING #70 Motion for Leave to File entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 70
Unopposed MOTION for Leave to File Amended Answer to Plaintiffs' Second Amended Complaint, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 69
Joint MOTION for Extension of Time to File Response/Reply as to #62 Answer to Amended Complaint (Joint Motion for Extension of Time for Plaintiffs to File Motion to Strike as to Defendants' Answer) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Text Order GRANTING #69 Motion for Extension of Time to File Response/Reply re #69 Joint MOTION for Extension of Time to File Response/Reply as to #62 Answer to Amended Complaint (Joint Motion for Extension of Time for Plaintiffs to File Motion to Strike as to Defendants' Answer) entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 68
Joint MOTION for Extension of Time to File Response/Reply as to #62 Answer to Amended Complaint (Joint Motion for Extension of Time for Plaintiffs to File Motion to Strike as to Defendants' Answer) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Text Order GRANTING #68 Motion for Extension of Time to File Response/Reply re #68 Joint MOTION for Extension of Time to File Response/Reply as to #62 Answer to Amended Complaint (Joint Motion for Extension of Time for Plaintiffs to File Motion to Strike as to Defendants' Answer) entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 67
CONSENT to Trial by US Magistrate Judge by Daniel Eugene McCants, Sr, Tracy Knox McCants Received. (Document is maintained under seal in the Clerk's Office). (lad)
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Filing 66
NON-CONSENT to Trial by US Magistrate Judge by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Cronenwett, Mark)
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Text Order GRANTING #65 Motion for Extension of Time to File Response/Reply re #65 Unopposed MOTION for Extension of Time to File Response/Reply as to #62 Answer to Amended Complaint (Unopposed Motion for Extension of Time for Plaintiffs to File Motion to Strike as to Defendants' Complaint) entered by Judge Derek T. Gilliland. Plaintiffs deadline to file a motion to strike is hereby extended to and through September 16, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 65
Unopposed MOTION for Extension of Time to File Response/Reply as to #62 Answer to Amended Complaint (Unopposed Motion for Extension of Time for Plaintiffs to File Motion to Strike as to Defendants' Complaint) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 64
STIPULATION Regarding Extension of Time for Plaintiffs to File a Motion to Strike Defendants' Answer (ECF 62) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Smith, Claude)
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Text Order GRANTING #63 Motion to Extend Scheduling Order Deadlines entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 63
Agreed MOTION to Extend Scheduling Order Deadlines by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order Amended Scheduling Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 62
ANSWER to #57 Amended Complaint,, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC.(Cronenwett, Mark)
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Filing 61
ORDER GRANTING #60 Motion for Extension of Time to File. ORDERED, ADJUDGED and DECREED that Defendants Motion is granted in its entirety and the deadline for Defendants to file their responsive pleading to Plaintiffs Second Amended Complaint is extended to August 5, 2022. Signed by Judge Derek T. Gilliland. (sv)
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Filing 60
Unopposed MOTION for Extension of Time to File a Responsive Pleading to Plaintiff's Second Amended Complaint, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 59
ORDER GRANTING IN PART AND DENYING IN PART #50 Motion to Compel Signed by Judge Derek T. Gilliland. (sv)
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Text Order GRANTING #58 Motion to Extend Deadline to Submit Proposed Order, entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 58
Unopposed MOTION to Extend Deadline to Submit Proposed Order, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 57
AMENDED COMPLAINT (Second Amended) against All Defendants amending, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit (Exhibits 1-5), #2 Exhibit (Exhibits 6-10), #3 Exhibit (Exhibits 11-20), #4 Exhibit (Exhibits 21-30), #5 Exhibit (Exhibits 31-42), #6 Exhibit (Exhibits 43-47), #7 Exhibit (Exhibits 48-51), #8 Exhibit (Exhibit 52), #9 Exhibit (Exhibits 53-56), #10 Exhibit (Exhibits 57-60), #11 Exhibit (Exhibits 61-63))(Smith, Claude)
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Text Order GRANTING #56 Motion for Extension of Time to File entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 56
MOTION for Extension of Time to File (Submit) Proposed Order, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 55
TRANSCRIPT REQUEST by Daniel Eugene McCants, Sr, Tracy Knox McCants for proceedings held on 6/28/2022. Proceedings Transcribed: Hearings on ECF Nos. 31, 39, 46, 50. Court Reporter: FTR (For The Record). (Smith, Claude)
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Filing 54
Minute Entry for proceedings held before Judge Derek T. Gilliland: Motion Hearing held on 6/28/2022 re #46 MOTION to Quash and for Entry of Protective Order and Alternative Motion to Stay Certain Discovery Requests, MOTION for Protective Order filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, #31 Motion to Dismiss for Failure to State a Claim filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, #50 Opposed MOTION to Compel filed by Tracy Knox McCants, Daniel Eugene McCants, Sr., #39 MOTION for Leave to File Supplemental Complaint or in the Alternative, Amend Complaint filed by Tracy Knox McCants, Daniel Eugene McCants, Sr. Case called for Motions Hearing via Zoom. Parties announced ready. Statements and arguments of counsel heard. Defendants' Motion for Referral to Bankruptcy Court and Brief in Support [Doc. 12] is MOOT. Defendants' Second Motion to Dismiss Pursuant To Federal Rule of Civil Procedure 12(B)(6) and Brief in Support [Doc. 31] is taken under advisement. A Written Report and Recommendation to follow. Plaintiffs' Motion For Leave to File Supplemental Complaint, Or In The Alternative, Amend Their Complaint [Doc. 39] is DENIED as MOOT. Defendants' Motion to Quash and For Entry of Protective Order and Alternative Motion to Stay Certain Discovery Requests [Doc. 46] is taken under advisement. Parties are to jointly submit a proposed order to the Court's Law Clerk at Mark_Scott@txwd.uscourts.gov within seven (7) days of the date of this hearing. Plaintiffs' Motion to Compel Defendants To Provide Discovery Responses [Doc. 50] is GRANTED in part and DENIED in part. Written Order to follow.Hearing concluded. (Minute entry documents are not available electronically). (Court Reporter FTR.)(sv)
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Text Order MOOTING #12 Motion entered by Judge Derek T. Gilliland. At the June 28, 2022 Hearing, the Parties confirmed that this Motion is Moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 53
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #50 Opposed MOTION to Compel filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Attachments: #1 Exhibit A)(Smith, Claude)
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Filing 52
RESPONSE to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #50 Opposed MOTION to Compel filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Text Order GRANTING #51 Motion to Extend Deadline, entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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Filing 51
Unopposed MOTION to Extend Deadline to Respond to Motion to Compel, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark)
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Filing 50
Opposed MOTION to Compel by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 49
RESPONSE in Support, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #46 MOTION to Quash and for Entry of Protective Order and Alternative Motion to Stay Certain Discovery Requests, MOTION for Protective Order filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 48
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #46 MOTION to Quash and for Entry of Protective Order and Alternative Motion to Stay Certain Discovery Requests, MOTION for Protective Order filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Claude)
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Filing 47
ORDER Setting Motions Hearing for 6/28/2022 10:00 AM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (sm3)
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Filing 46
MOTION to Quash and for Entry of Protective Order and Alternative Motion to Stay Certain Discovery Requests, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Cronenwett, Mark). Added MOTION for Protective Order on 5/20/2022 (lad).
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Filing 45
ORDER GRANTING #44 Motion for Entry of Confidentiality and Protective Order Signed by Judge Alan D Albright. (sv)
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Filing 44
Joint MOTION for Entry of Confidentiality and Protective Order by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order Protective Order). Motions referred to Judge Derek T. Gilliland. (Smith, Claude)
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Filing 43
REPLY to Response to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #39 MOTION for Leave to File Supplemental Complaint or in the Alternative, Amend Complaint filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion for Leave to File Supplemental/Amended Complaint at ECF 41 (Smith, Claude)
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Filing 41
RESPONSE to Motion, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #39 MOTION for Leave to File Supplemental Complaint or in the Alternative, Amend Complaint filed by Plaintiff Tracy Knox McCants, Plaintiff Daniel Eugene McCants, Sr. (Cronenwett, Mark)
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Filing 42
ORDER REFERRING CASE to Magistrate Judge Derek T. Gilliland. Signed by Judge Alan D Albright. Referral Magistrate Judge: Derek T. Gilliland. Case No Longer Referred To Magistrate Judge Jeffrey C. Manske. (jkda)
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Filing 40
SUPPLEMENT to #39 MOTION for Leave to File Supplemental Complaint or in the Alternative, Amend Complaint (Exhibits to Proposed Complaint) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Smith, Claude)
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Filing 39
MOTION for Leave to File Supplemental Complaint or in the Alternative, Amend Complaint by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order, #2 Appendix 1 - Supplemental Complaint). Motions referred to Judge Jeffrey C. Manske. (Smith, Claude)
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Filing 38
PLAINTIFFS SUR-REPLY IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS #31 PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (sv)
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Text Order GRANTING #37 Motion for Leave to File entered by Judge Jeffrey C. Manske. The Clerk of Court is directed to enter Exhibit 1, Plaintiffs' Sur-Reply to Defendants' Motion to Dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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Filing 37
Unopposed MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit A - Plaintiffs' Sur-reply in Opposition to Defendants' Motion to Dismiss, #2 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Smith, Claude)
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Filing 36
RESPONSE in Support, filed by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC, re #31 Motion to Dismiss for Failure to State a Claim filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Cronenwett, Mark)
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Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda)
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Filing 35
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #31 Motion to Dismiss for Failure to State a Claim filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Attachments: #1 Exhibit)(Smith, Claude)
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Text Order GRANTING #34 Motion to Extend Scheduling Order Deadlines entered by Judge Jeffrey C. Manske. Plaintiffs' deadline to respond to Defendants' Motion to Dismiss at ECF No. 31 is extended to March 4, 2022. The parties' deadline to file motions to amend pleadings or add parties is extended to March 28, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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Text Order MOOTING #13 Motion to Dismiss entered by Judge Jeffrey C. Manske. After the filing of the present Motion, Plaintiffs amended their complaint and Defendants filed a second motion to dismiss at ECF No. 31. Defendants request the same relief in the second motion to dismiss, rendering the present Motion MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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Filing 34
Unopposed MOTION to Extend Scheduling Order Deadlines and to Extend Time for Plaintiffs to File Response to Motion to DIsmiss at ECF 31 by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Smith, Claude)
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Filing 33
ATTACHMENT - Exhibits to #30 Amended Complaint, by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit (Exhibits 1-5), #2 Exhibit (Exhibits 6-10), #3 Exhibit (Exhibits 11-20), #4 Exhibit (Exhibits 21-30), #5 Exhibit (Exhibits 31-42))(Smith, Claude)
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Text Order GRANTING #32 Motion entered by Judge Jeffrey C. Manske. The Clerk of Court is directed to enter the Exhibits attached to ECF No. 1 and ECF No. 30 UNDER SEAL. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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Filing 32
Unopposed MOTION to Seal Exhibits to Complaint and First Amended Complaint re #1 Complaint, #30 Amended Complaint, by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Smith, Claude)
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Filing 31
Motion to Dismiss for Failure to State a Claim by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order)(Cronenwett, Mark)
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Filing 30
AMENDED COMPLAINT against Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC amending #1 , filed by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Exhibit (Exhibits 1-5), #2 Exhibit (Exhibits 6-10), #3 Exhibit (Exhibits 11-20), #4 Exhibit (Exhibits 21-30), #5 Exhibit (Exhibits 31-42))(Smith, Claude)
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Filing 29
NOTICE of Service of Initial Disclosures, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 28
SCHEDULING ORDER: Consent to Trial by Magistrate due by 9/9/2022. Dispositive Motions due by 11/18/2022. Pretrial Conference set for 2/21/2023 before Judge Alan D Albright. Jury Selection set for 2/27/2023 09:00AM before Judge Jeffrey C. Manske. Jury Trial set for 2/27/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (ir)
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Filing 27
Proposed Scheduling Order (Joint Filing with Defendants) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Smith, Claude)
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Filing 26
Rule 26(f) Discovery Report/Case Management Plan (Joint Report) by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Smith, Claude)
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Text Order GRANTING #25 Motion for Extension of Time to File Response/Reply entered by Judge Jeffrey C. Manske. Plaintiffs' deadline to respond to Defendants' Motion to Dismiss or to amend their Complaint as a matter for course is extended to January 28, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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Filing 25
Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss and Brief in Support, or Amend Complaint as a Matter of Course by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Smith, Claude)
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Filing 24
NOTICE that Case did not Settle at Mediation by Daniel Eugene McCants, Sr, Tracy Knox McCants (Smith, Claude)
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Text Order GRANTING #23 Motion entered by Judge Jeffrey C. Manske. IT IS THEREFORE ORDERED that all the deadlines and settings in this case are hereby abated until December 31, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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Filing 23
Fourth MOTION (Joint), to Extend Order Abating Case, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cronenwett, Mark)
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Text Order GRANTING #22 Motion entered by Judge Jeffrey C. Manske. IT IS THEREFORE ORDERED that all the deadlines and settings in this case are hereby abated until November 29, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eglc)
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Filing 22
Third MOTION (Joint) to Extend Order Abating Case, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cronenwett, Mark)
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Text Order GRANTING #21 Motion entered by Judge Jeffrey C. Manske. IT IS THEREFORE ORDERED that all the deadlines and settings in this case are hereby abated until October 29, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Filing 21
Joint MOTION to Extend Order Abating Case, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cronenwett, Mark)
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Filing 20
Joint MOTION to Extend Order Abating Case, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cronenwett, Mark)
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Text Order GRANTING #20 Motion entered by Judge Jeffrey C. Manske. All deadlines and settings in this case are hereby abated until July 30, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhg)
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Text Order GRANTING #19 Motion to Appear Pro Hac Vice entered by Judge Jeffrey C. Manske. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Filing 19
MOTION to Appear Pro Hac Vice by Claude Dabney Smith Pro Hac Vice for Karen L. Kellett ( Filing fee $ 100 receipt number 0542-14717687) by on behalf of Daniel Eugene McCants, Sr, Tracy Knox McCants.. Motions referred to Judge Jeffrey C. Manske. (Smith, Claude)
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Filing 18
Pro Hac Vice Letter to Karen L. Kellett. (lad)
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Text Order GRANTING #17 Motion for Referral to ADR/Mediation entered by Judge Jeffrey C. Manske. IT IS ORDERED that Plaintiffs and Defendants (collectively, the Parties) shall mediate all disputes and causes of action in the captioned case before a mutually selected mediator at a mutually agreeable time. IT IS FURTHER ORDERED that the mediator shall conduct the mediation remotely via Zoom or other appropriate, universally available videoconference platform. IT IS FURTHER ORDERED that the above matter is stayed for a period of sixty (60) days from the entry ofthis Order, until June 14, 2021, to allow the Parties to complete mediation.(This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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CASE REFERRED to ADR/Mediation., Case Stayed (lad)
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Filing 17
Unopposed MOTION for Referral to ADR/Mediation and Request for Stay Pending Mediation by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Smith, Claude)
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Filing 16
Response in Opposition to Motion, filed by Daniel Eugene McCants, Sr, Tracy Knox McCants, re #12 MOTION for Referral to Bankruptcy Court and Brief in Support, filed by Defendant Dovenmuehle Mortgage, Inc., Defendant Village Capital & Investment LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Claude)
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Text Order GRANTING #15 Motion for Extension of Time to File Response/Reply entered by Judge Jeffrey C. Manske. IT IS THEREFORE ORDERED that the deadline for Plaintiffs to file a response to Defendants' Motion for Referral to Bankruptcy Court and Brief in Support at ECF No. 12 shall be extended to and through April 13, 2021. It is further ORDERED that the deadline for Plaintiffs to file a response to Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) and Brief in Support at ECF No. 13 shall be extended to and through April 27, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Filing 15
Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss and Brief in Support,, #12 MOTION for Referral to Bankruptcy Court and Brief in Support, by Daniel Eugene McCants, Sr, Tracy Knox McCants. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Smith, Claude)
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Filing 14
Certificate of Interested Parties by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Cronenwett, Mark)
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Filing 13
MOTION to Dismiss and Brief in Support, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order)(Cronenwett, Mark)
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Filing 12
MOTION for Referral to Bankruptcy Court and Brief in Support, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Exhibit, #2 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cronenwett, Mark)
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Filing 11
NOTICE of Attorney Appearance by Erin B. Shank on behalf of Daniel Eugene McCants, Sr, Tracy Knox McCants (Shank, Erin)
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Filing 10
NOTICE of Attorney Appearance by Mark Douglas Cronenwett on behalf of Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC (Cronenwett, Mark)
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Filing 9
Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Original Complaint, by Dovenmuehle Mortgage, Inc., Village Capital & Investment LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Cronenwett, Mark)
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Text Order GRANTING #9 Motion for Extension of Time to File Response/Reply entered by Judge Jeffrey C. Manske. IT IS THEREFORE ORDERED that the deadline for Defendants to respond to Plaintiffs' Original Complaint is hereby extended to March 30, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg)
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Reset Answer Deadlines: Dovenmuehle Mortgage, Inc. answer due 3/30/2021; Village Capital & Investment LLC answer due 3/30/2021. (bw)
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Filing 8
SUMMONS Returned Executed by Daniel Eugene McCants, Sr, Tracy Knox McCants. Village Capital & Investment LLC served on 2/23/2021, answer due 3/16/2021. (Smith, Claude)
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Filing 7
SUMMONS Returned Executed by Daniel Eugene McCants, Sr, Tracy Knox McCants. Dovenmuehle Mortgage, Inc. served on 2/23/2021, answer due 3/16/2021. (Smith, Claude)
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Filing 6
Summons Issued as to Village Capital & Investment LLC. (bw)
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Filing 5
Summons Issued as to Dovenmuehle Mortgage, Inc.. (bw)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS by Daniel Eugene McCants, Sr, Tracy Knox McCants. Summons for Village Capital & Investment LLC (Smith, Claude)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS by Daniel Eugene McCants, Sr, Tracy Knox McCants. Summons for Dovenmuehle Mortgage, Inc. (Smith, Claude)
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Filing 2
NOTICE of Attorney Appearance by Claude Dabney Smith on behalf of Daniel Eugene McCants, Sr, Tracy Knox McCants. Attorney Claude Dabney Smith added to party Daniel Eugene McCants, Sr(pty:pla), Attorney Claude Dabney Smith added to party Tracy Knox McCants(pty:pla) (Smith, Claude)
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Filing 1
COMPLAINT ( Filing fee $ 402 receipt number 0542-14465117), filed by Daniel Eugene McCants, Tracy McCants. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-5, #3 Exhibit 6-10, #4 Exhibit 11-20, #5 Exhibit 21-30, #6 Exhibit 31-42)(Shank, Erin)
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Case assigned to Judge Alan D Albright and Judge Jeffrey C. Manske. 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. (am)
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