Weyerhaeuser Company et al v. Westwood Capital Funding LLC et al
| Weyerhaeuser Company and Weyerhaeuser NR Company |
| Westwood Capital Funding LLC, Huntington Bancshares Incorporated, Ironwood Finance Inc, Gulf Coast Bank and Trust Company, AJ Equity Group LLC, Raistone Purchasing LLC Series XXI, Grover Capital LLC, Raymond Properties LLC, Campisi Environmental Associates Inc, Commonwealth of Massachusetts, Arthur Kurzydlo, Massachusetts Department of Revenue, Internal Revenue Service, State of California Department of Industrial Relations, State of Illinois Department of Labor, State of New Hampshire Department of Labor, Homefield Credit Union, Beckham Capital LLC, Black Marlin Capital Group LLC, Business Funding Source, Gold Crest Capital LLC, Seinfeld Capital Inc, Silverline Services Inc, The Avanza Group LLC and Advantage Platform Services Inc a Massachusetts corporation doing business as Advantage Capital Funding LLC |
| 2:2023cv00300 |
| March 3, 2023 |
| US District Court for the Western District of Washington |
| John H Chun |
| Other Statutory Actions |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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Filing 77
ORDER granting Defendants' #68 Unopposed Motion to Dismiss or Transfer Venue. The Court DIRECTS the Clerk to transfer this case to the Eastern District of Massachusetts forthwith. Signed by Judge John H. Chun. (SB)
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| Case transferred to the Eastern District of Massachusetts by electronic case transfer on 11/15/2023. (SB) |
| Filing 76 REPLY, filed by Defendants Advantage Platform Services Inc, Westwood Capital Funding LLC, TO RESPONSE to #68 MOTION to Dismiss or Transfer Venue (Randall, James) |
| Filing 75 RESPONSE, by Defendant Huntington Bancshares Incorporated, to #68 MOTION to Dismiss or Transfer Venue. (Meyer, Charles) |
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Filing 74
ORDER granting Plaintiffs' #70 Motion to Dismiss and Discharge Liability and for an Award of Attorneys' Fees and Costs. Plaintiffs Weyerhaeuser Company and Weyerhaeuser NR Company are hereby dismissed as parties from this action and discharged from any and all further liability relating to the Funds in dispute herein. Plaintiffs are awarded their reasonable attorneys' fees and costs incurred in connection with this action. Plaintiffs are awarded $81,869.02 for fees and costs incurred through the filing of the Motion. Signed by Judge John H. Chun. (SB)
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| Filing 73 REPLY, filed by All Plaintiffs, TO RESPONSE to #70 MOTION to Dismiss Party Plaintiffs' Motion to Dismiss and Discharge Liability and for Award of Attorneys Fees and Costs (Attachments: #1 Proposed Order)(Popp, Ana) |
| Filing 72 MINUTE ORDER (text-only) entered upon the authority of Judge John H. Chun. Upon request and agreement of the parties, the Joint Status Report and related deadlines are continued as follows: FRCP 26(f) Conference Deadline is 10/27/2023, Initial Disclosure Deadline is 11/10/2023, Joint Status Report due by 11/17/2023. (AD) |
| Filing 71 DECLARATION of Ana-Maria Popp filed by All Plaintiffs re #70 MOTION to Dismiss Party Plaintiffs' Motion to Dismiss and Discharge Liability and for Award of Attorneys Fees and Costs (Popp, Ana) |
| Filing 70 MOTION to Dismiss Party Plaintiffs' Motion to Dismiss and Discharge Liability and for Award of Attorneys Fees and Costs, filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 10/20/2023, (Popp, Ana) |
| Filing 69 DECLARATION of Aaron Greenblott filed by Defendants Advantage Platform Services Inc, Westwood Capital Funding LLC re #68 MOTION to Dismiss or Transfer Venue (Randall, James) |
| Filing 68 MOTION to Dismiss or Transfer Venue, filed by Defendants Advantage Platform Services Inc, Westwood Capital Funding LLC. Noting Date 10/27/2023, (Randall, James) |
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Filing 67
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge John H. Chun. Joint Status Report due by 10/27/2023, FRCP 26(f) Conference Deadline is 10/6/2023, Initial Disclosure Deadline is 10/20/2023. (AD)
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| Filing 66 AFFIDAVIT of Service of Summons and Complaint on The Avanza Group LLC on 8/16/2023, filed by All Plaintiffs. (Yoon, Amy) |
| Filing 65 AFFIDAVIT of Service of Summons and Complaint on State of Illinois Department of Labor on 8/16/2023, filed by All Plaintiffs. (Yoon, Amy) |
| Filing 64 AFFIDAVIT of Service of Summons and Complaint on Arthur Kurzydlo on 8/16/2023, filed by All Plaintiffs. (Yoon, Amy) |
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Filing 63
ORDER granting Plaintiffs' #60 Motion for Alternative Service of Process. Plaintiffs shall serve the summons, Complaint, and Amended Complaint, the Motion, and a copy of this Order on Defendants Arthur Kurzydlo, the Illinois Department of Labor, and The Avanza Group as ordered herein. Signed by Judge John H. Chun. (SB)
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Filing 62
ORDER granting Plaintiffs' #59 Motion for Leave to File Over-length Motions and Briefs. Plaintiffs are authorized to file an over-length Ex Parte Motion for Alternative Service on Defendants Arthur Kurzydlo, Illinois Department of Labor, and the Avanza Group not to exceed 4,800 words. Signed by Judge John H. Chun. (SB)
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| Filing 61 DECLARATION of Amy H. Yoon filed by All Plaintiffs re #60 MOTION Alternative Service of Process (Yoon, Amy) |
| Filing 60 MOTION Alternative Service of Process , filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 8/2/2023, (Yoon, Amy) |
| Filing 59 MOTION for Leave to File Over-length Motions and Briefs , filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 8/2/2023, (Yoon, Amy) |
| Filing 58 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Advantage Platform Services Inc, Westwood Capital Funding LLC. (Randall, James) |
| Filing 57 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Advantage Platform Services Inc, Westwood Capital Funding LLC. (Randall, James) |
| Filing 56 ANSWER to #8 Amended Complaint,,,,,, by Westwood Capital Funding LLC.(Randall, James) |
| Filing 55 ANSWER to #8 Amended Complaint,,,,,, by Advantage Platform Services Inc.(Randall, James) |
| Filing 54 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Gulf Coast Bank and Trust Company for Gulf Coast Bank and Trust Company. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Gulf Coast Bank and Trust Company. (McDow, Ashley) |
| Filing 53 ANSWER to #8 Amended Complaint,,,,,, by Gulf Coast Bank and Trust Company.(McDow, Ashley) |
| Attorney John Kesler, III added for Advantage Platform Services Inc, Westwood Capital Funding LLC, per the filing of Defendants' #52 Notice of Appearance. (SB) |
| Filing 52 NOTICE of Appearance by attorney James Randall on behalf of Defendants Advantage Platform Services Inc, Westwood Capital Funding LLC. (Randall, James) |
| Filing 51 NOTICE of Disclaimer of Interest ; filed by Defendant Internal Revenue Service. (Uhalde, Matthew) |
| Filing 50 AFFIDAVIT of Service of Summons and Complaint on Westwood Capital Funding LLC on 6/5/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 49 WAIVER OF SERVICE of Summons upon defendant Gold Crest Capital LLC mailed on 5/12/2023 (Popp, Ana) |
| Filing 48 ANSWER to #8 Amended Complaint,,,,,, by Huntington Bancshares Incorporated.(Meyer, Charles) |
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Filing 47
ORDER re #44 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David A Berkley for Defendant Huntington Bancshares Incorporated by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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| Filing 46 AFFIDAVIT of Service of Summons and Complaint on Campisi Environmental Associates, Inc. on 5/27/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 45 NOTICE of Appearance by attorney Charles T Meyer on behalf of Defendant Huntington Bancshares Incorporated. (Meyer, Charles) |
| Filing 44 APPLICATION OF ATTORNEY David A. Berkley FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Huntington Bancshares Incorporated (Fee Paid) Receipt No. AWAWDC-8028148 (Meyer, Charles) (Main Document 44 replaced on 6/1/2023 due to malformed PDF) (CDA). |
| Filing 43 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Huntington National Bank for Huntington Bancshares Incorporated. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Huntington Bancshares Incorporated. (Meyer, Charles) |
| Filing 42 AFFIDAVIT of Service of Summons and Complaint on Business Funding Source on 5/30/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 41 PRAECIPE to attach document Declaration of Zachary Towle re Notice of Voluntary Dismissal re #30 Declaration (non motion) by All Plaintiffs (Popp, Ana) |
| Filing 40 AFFIDAVIT of Service of Summons and Complaint on Silverline Services Inc. on 5/25/2023, filed by All Plaintiffs. (Popp, Ana) |
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Filing 39
ORDER granting Plaintiffs' #37 Motion to Extend Time to Serve Defendants. Plaintiffs' deadline to serve the summons and Amended Complaint pursuant to Federal Rule of Civil Procedure 4(m) is hereby EXTENDED to 8/30/2023. Signed by Judge John H. Chun. (SB)
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| Filing 38 DECLARATION of Amy H. Yoon filed by All Plaintiffs re #37 Unopposed MOTION for Extension of Time to Serve Defendants (Popp, Ana) |
| Filing 37 Unopposed MOTION for Extension of Time to Serve Defendants, filed by All Plaintiffs. Noting Date 5/24/2023, (Popp, Ana) |
| Filing 36 AFFIDAVIT of Service of Summons and Complaint on Beckham Capital LLC on 5/16/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 35 AFFIDAVIT of Mailing of Summons and Complaint to Massachusetts Department of Revenue on 4/11/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 34 WAIVER OF SERVICE of Summons upon defendant Homefield Credit Union mailed on 4/25/2023 (Popp, Ana) |
| NOTICE REGARDING LACK OF PROPER SIGNATURE. The #30 Declaration (non motion) was improperly signed by Zachary Towle. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (MJV) |
| Filing 33 AFFIDAVIT of Service of Summons and Complaint on Seinfeld Capital, Inc. on 5/15/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 32 AFFIDAVIT of Service of Summons and Complaint on Advantage Platform Services, Inc, dba Advantage Capital Funding, LLC on 5/17/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 31 AFFIDAVIT of Service of Summons and Complaint on AJ Equity Group LLC on 5/15/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 30 DECLARATION of Zachary Towle re #29 Notice of Voluntary Dismissal Party(s) by All Plaintiffs (Popp, Ana) |
| Filing 29 NOTICE of Voluntary Dismissal as to party(s) State of New Hampshire Department of Labor, filed by All Plaintiffs. (Popp, Ana) |
| Filing 28 WAIVER OF SERVICE of Summons upon defendant Grover Capital LLC mailed on 5/12/2023 (Popp, Ana) |
| Attorneys Elizabeth H Shea, Charles L Butler, III added for Homefield Credit Union per the filing of Defendant's #27 Praecipe to Attach Document. (SB) |
| Filing 27 PRAECIPE to attach document (Corrected Notice of Appearance on behalf of Homefield Credit Union) re #26 Notice of Appearance by Defendant Homefield Credit Union (Willig, Arnold) |
| NOTICE REGARDING LACK OF PROPER SIGNATURE. The #26 Notice of Appearance was not signed by Elizabeth Shea and Charles Butler. As such, attorneys Shea and Butler were not added to the case and will not receive notices until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (LH) |
| Filing 26 NOTICE of Appearance by attorney Arnold M Willig on behalf of Defendant Homefield Credit Union. (Willig, Arnold) |
| Filing 25 AFFIDAVIT of Service of Summons and Complaint on State of California Department of Industrial Relations on 4/24/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 24 AFFIDAVIT of Service of Summons and Complaint on State of California Department of Industrial Relations on 4/24/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 23 AFFIDAVIT of Service of Summons and Complaint on Raistone Purchasing LLC-Series XXI on 4/20/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 22 AFFIDAVIT of Service of Summons and Complaint on Seinfeld Capital, Inc. on 4/19/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 21 AFFIDAVIT of Service of Summons and Complaint on Silverline Services Inc. on 4/19/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 20 AFFIDAVIT of Service of Summons and Complaint on Gold Coast Capital LLC on 4/19/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 19 AFFIDAVIT of Service of Summons and Complaint on Grover Capital LLC on 4/19/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 18 AFFIDAVIT of Service of Summons and Complaint on AJ Equity Group LLC on 4/19/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 17 AFFIDAVIT of Service of Summons and Complaint on Internal Revenue Service on 4/11/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 16 AFFIDAVIT of Service of Summons and Complaint on Black Marlin Capital Group LLC on 4/14/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 15 AFFIDAVIT of Service of Summons and Complaint on Ironwood Finance Inc. on 4/14/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 14 AFFIDAVIT of Service of Summons and Complaint on Raymond Properties LLC on 4/16/2023, filed by All Plaintiffs. (Popp, Ana) |
| Filing 13 AFFIDAVIT of Service of Summons and Complaint on Huntington Bancshares Incorporated on 4/14/2023, filed by All Plaintiffs. (Popp, Ana) |
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Filing 12
ORDER to Extend Time for Defendant to Respond to Amended Complaint. HNB has through and including 6/2/2023 to file its response to Plaintiffs' Amended Complaint. Signed by Judge John H. Chun. (SB)
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| Filing 11 STIPULATION AND PROPOSED ORDER to Extend Time to Respond by parties re #8 Amended Complaint,,,,,, (Meyer, Charles) |
| Filing 10 WAIVER OF SERVICE of Summons upon defendant Gulf Coast Bank and Trust Company mailed on 4/25/2023 (Popp, Ana) |
| Filing 9 Summons(es) Electronically Issued as to defendant(s) Advantage Platform Services Inc, Beckham Capital LLC, Black Marlin Capital Group LLC, Business Funding Source, Gold Crest Capital LLC, Homefield Credit Union, Internal Revenue Service, Massachusetts Department of Revenue, Seinfeld Capital Inc, Silverline Services Inc, State of California Department of Industrial Relations, State of Illinois Department of Labor, State of New Hampshire Department of Labor, The Avanza Group LLC. (MJV) |
| Filing 8 AMENDED COMPLAINT for Interpleader Relief against defendant(s) AJ Equity Group LLC, Campisi Environmental Associates Inc, Grover Capital LLC, Gulf Coast Bank and Trust Company, Huntington Bancshares Incorporated, Ironwood Finance Inc, Arthur Kurzydlo, Raistone Purchasing LLC Series XXI, Raymond Properties LLC, Westwood Capital Funding LLC, Massachusetts Department of Revenue, Internal Revenue Service, State of California Department of Industrial Relations, State of Illinois Department of Labor, State of New Hampshire Department of Labor, Homefield Credit Union, Beckham Capital LLC, Black Marlin Capital Group LLC, Business Funding Source, Gold Crest Capital LLC, Seinfeld Capital Inc, Silverline Services Inc, The Avanza Group LLC, Advantage Platform Services Inc filed by Weyerhaeuser Company, Weyerhaeuser NR Company. (Attachments: #1 Summons Massachusetts Department of Revenue, #2 Summons State of Illinois Department of Labor, #3 Summons State of California Department of Industrial Relations, #4 Summons Internal Revenue Service, #5 Summons State of New Hampshire Department of Labor, #6 Summons Homefield Credit Union, #7 Summons Business Funding Source, #8 Summons Black Marlin Capital Group LLC, #9 Summons Beckham Capital LLC, #10 Summons Advantage Platform Services, Inc. d/b/a Advantage Capital Funding, LLC, #11 Summons Seinfeld Capital, Inc., #12 Summons Gold Crest Capital LLC, #13 Summons The Avanza Group LLC, #14 Summons Silverline Services Inc.)(Popp, Ana) |
| Filing 7 CORPORATE AND DIVERSITY DISCLOSURE STATEMENT identifying Corporate Parent Weyerhaeuser Company for Weyerhaeuser NR Company. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by All Plaintiffs. (Yoon, Amy) |
| RECEIPT re #6 Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335),. $296,071.46 deposited into the Court Registry on 3/10/2023 (Receipt # SEA 200001522) (SMG) |
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Filing 6
ORDER granting Plaintiffs' #2 Ex Parte Motion for Interpleader Deposit of Funds. The Court hereby ORDERS that Plaintiffs cause $296,071.46 to be deposited into the Court Registry Investment System as Disputed Ownership Funds (DOF) interpleader funds under 28 U.S.C. 1335. Signed by Judge John H. Chun. (SB) (cc: finance)
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| Filing 5 MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge John H. Chun for all further proceedings. Hon. Brian A Tsuchida no longer assigned to case. (AQ) |
| Filing 4 Summons(es) Electronically Issued as to defendant(s) AJ Equity Group LLC, Campisi Environmental Associates Inc, Commonwealth of Massachusetts, Grover Capital LLC, Gulf Coast Bank and Trust Company, Huntington Bancshares Incorporated, Ironwood Finance Inc, Arthur Kurzydlo, Raistone Purchasing LLC Series XXI, Raymond Properties LLC, Westwood Capital Funding LLC (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons) (CR) |
| Filing 3 DECLARATION of John R. Rizzardi filed by All Plaintiffs re #2 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) (Popp, Ana) |
| Filing 2 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) , filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 3/6/2023, (Popp, Ana) |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Plaintiff(s) must file a Corporate Disclosure Statement by 3/13/2023. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (CR) |
| Hon. Brian A Tsuchida added. (CR) |
| Filing 1 COMPLAINT for Interpleader Relief against All Defendants (Receipt # BWAWDC-7912567) Attorney Ana M. Popp added to party Weyerhaeuser Company(pty:pla), Attorney Ana M. Popp added to party Weyerhaeuser NR Company(pty:pla) filed by Weyerhaeuser Company, Weyerhaeuser NR Company. (Attachments: #1 Civil Cover Sheet, #2 Summons Westwood Capital Funding LLC, #3 Summons Huntington Bancshares Incorporated, #4 Summons Ironwood Finance Inc., #5 Summons Gulf Coast Bank and Trust Company, #6 Summons AJ Equity Group LLC, #7 Summons Raistone Purchasing LLC-Series XXI, #8 Summons Grover Capital LLC, #9 Summons Raymond Properties LLC, #10 Summons Campisi Environmental Associates, Inc., #11 Summons Commonwealth of Massachusetts, #12 Summons Arthur Kurzydlo)(Popp, Ana) |
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