Appendix in Support filed by Rochelle McCullough, LLP re 250 Reply in Support of Motion to Quash Non-Party Subpoenas and for Recovery of Fees and Costs (DeWolf, Scott) (Entered: 01/14/2013)
REPLY filed by Phillip W. Pool re: 234 MOTION to Quash Subpoenas and for Recovery of Fees and Costs and Brief in Support Thereof (McCauley, R) (Entered: 01/14/2013)
Appendix in Support filed by Fernando M Bustos re 247 Reply in Support of His Moiton to Quash Subpoena and For Recovery of Fees and Costs (Bustos, Fernando) (Entered: 01/14/2013)
MOTION for Evidentiary Hearing and Review whether to Vacate Original Receivership Order due to Netsphere v. Baron filed by Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Mary Adams Beakley, Beakley & Associates, P.C., Commerce Resource Group, Inc., DQ Real Estate Development, LTD., FLP Management, Inc., FLP Real Estate Development, LTD., I-27 Marine & RV, LTD., I-27 Powersports, Inc., LBC Real Estate Development, LTD., MMPK Restaurants, Inc., Mama Mia Pizza Kitchen, LTD., Manna Real Estate Development, LTD., RHRE Enterprises, Inc., RHRE Real Estate Development, LTD., Ranchland Hills Golf Club, Inc., Thermal Fluid Technologies, Inc., Tierra De Tejas Development, Inc. with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) of John W. Beakley, # 2 Exhibit(s) Netsphere Inc. v. Baron decision, # 3 Proposed Order) (DePalma, Russell) Modified on 1/11/2013 (skt). (Entered: 01/10/2013)
RESPONSE filed by FLP Management, Inc., I-27 Marine & RV, LTD., I-27 Powersports, Inc. re: 237 MOTION to Quash Subpoena and for Recovery of Fees and Costs (Anderson, Jeremy) (Entered: 01/08/2013)
RESPONSE filed by FLP Management, Inc., I-27 Marine & RV, LTD., I-27 Powersports, Inc. re: 234 MOTION to Quash Subpoenas and for Recovery of Fees and Costs and Brief in Support Thereof (Anderson, Jeremy) (Entered: 01/08/2013)
RESPONSE filed by FLP Management, Inc., I-27 Marine & RV, LTD., I-27 Powersports, Inc. re: 231 MOTION to Quash Non-Party Subpoenas and for Recovery of Fees and Costs and Brief in Support (Anderson, Jeremy) (Entered: 01/08/2013)
Appendix in Support filed by I-27 Marine & RV, LTD., I-27 Powersports, Inc. re 240 MOTION for Sanctions MOTION for Reconsideration re 48 MOTION to Compel Motion to Dissolve TRO (Anderson, Jeremy) (Entered: 01/04/2013)
MOTION for Contempt, Sanctions , and for Reconsideration re 48 MOTION to Compel Motion to Dissolve TRO filed by I-27 Marine & RV, LTD., I-27 Powersports, Inc. with Brief/Memorandum in Support. (Anderson, Jeremy) (Entered: 01/04/2013)
ORDER as to 237 MOTION to Quash: Defendants are ORDERED to respond to the Motion by Tuesday, 1/8/2013. Bustos shall have until 1/14/2013 to file a reply in support of his Motion to Quash. Any discovery purportedly required by the subpoenas at issue is STAYED pending resolution of the Motion to Quash. (Ordered by Judge Jane J Boyle on 1/4/2013) (twd) (Entered: 01/04/2013)
Appendix in Support filed by Fernando M Bustos re 237 MOTION to Quash Subpoena and for Recovery of Fees and Costs (Bustos, Fernando) (Entered: 01/03/2013)
MOTION to Quash Subpoena and for Recovery of Fees and Costs filed by Fernando M Bustos with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 01/03/2013)
ORDER re: 234 Motion to Quash Subpoenas and for Recovery of Fees and Costs. Responses due by 1/8/2013. Replies due by 1/14/2013. Any discovery purportedly required by the subpoenas at issue is hereby STAYED pending resolution of the Motion to Quash. (Ordered by Judge Jane J Boyle on 1/3/2013) (axm) (Entered: 01/03/2013)
Appendix in Support filed by Phillip W. Pool re 234 MOTION to Quash Subpoenas and for Recovery of Fees and Costs and Brief in Support Thereof (McCauley, R) (Entered: 01/03/2013)
MOTION to Quash Subpoenas and for Recovery of Fees and Costs and Brief in Support Thereof filed by Phillip W. Pool with Brief/Memorandum in Support. (McCauley, R) (Entered: 01/03/2013)
ORDER re: 231 Motion to Quash Non-Party Subpoenas and for Recovery of Fees and Costs. Responses due by 1/8/2013. Replies due by 1/14/2013. Any discovery purportedly required by the subpoenas at issue is hereby STAYED pending resolution of the Motion to Quash. (Ordered by Judge Jane J Boyle on 1/3/2013) (axm) (Entered: 01/03/2013)
Appendix in Support filed by Rochelle McCullough, LLP re 231 MOTION to Quash Non-Party Subpoenas and for Recovery of Fees and Costs and Brief in Support (DeWolf, Scott) (Entered: 01/03/2013)
MOTION to Quash Non-Party Subpoenas and for Recovery of Fees and Costs and Brief in Support filed by Rochelle McCullough, LLP with Brief/Memorandum in Support.. Party Rochelle McCullough, LLP added. (DeWolf, Scott) (Entered: 01/03/2013)
ORDER OF DISMISSAL WITHOUT PREJUDICE TO REFILING. All costs shall be borne by the party incurring same. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Jane J Boyle on 12/13/2012) (tln) (Entered: 12/14/2012)
RESPONSE BRIEF IN OPPOSITION TO MOTION FOR VOLUNTARY DISMISSAL [DN 219] filed by Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Mary Adams Beakley, Beakley & Associates, P.C., Commerce Resource Group, Inc., DQ Real Estate Development, LTD., FLP Management, Inc., FLP Real Estate Development, LTD., I-27 Marine & RV, LTD., I-27 Powersports, Inc., LBC Real Estate Development, LTD., MMPK Restaurants, Inc., Mama Mia Pizza Kitchen, LTD., Manna Real Estate Development, LTD., RHRE Enterprises, Inc., RHRE Real Estate Development, LTD., Ranchland Hills Golf Club, Inc., Thermal Fluid Technologies, Inc., Tierra De Tejas Development, Inc. re: 219 MOTION to Dismiss Without Prejudice To Refiling (DePalma, Russell) Modified on 12/14/2012 (rlw). (Entered: 12/13/2012)
RESPONSE filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass re: 222 MOTION for Reconsideration re 209 Order, and Motion for Clarification (Forman, Bryan) (Entered: 12/11/2012)
ORDER granting in part and denying in part 218 MOTION To Terminate And Dissolve The Receivership. The Motion is hereby GRANTED to the extent that it seeks dissolution and termination of the Receivership. The Receivership is dissolved and the Receiver is discharged from and has no further obligations in these matters. The Motion is also GRANTED to the extent that it requests that the Receiver be ordered to transfer all documents and items pertaining to the Receivership Defendants to Mr. Kevin D. McCullough, attorney for the Chapter 7 Trustee, Mr. Robert Newhouse, in former Defendant John Beakleys Chapter 7 bankruptcy case pending in the Bankruptcy Court for the Northern District of Texas (Case No. 12-31832-hdh7). The Motion is DENIED to the extent that it requests that the Receiver be allowed to wind down the Receivership. Further, the motions to modify the Receivership filed at docs. 145, 156, 172, 177, 179, 181, 193, and 207 are hereby DENIED. The Receivers Motion for Approval of Receivership Fees and Expenses filed at doc. 191 is DENIED. The Clerk of Court is hereby ORDERED to release any bonds filed with the Court to the party posting such bond. (Ordered by Judge Jane J Boyle on 11/28/2012) (chmb) (Entered: 11/28/2012)
NOTICE of Advisory to the Court re: 156 MOTION to Approve Settlement Agreement with Phillip W. Pool filed by Phillip W. Pool (Pridmore, Timothy) (Entered: 11/27/2012)
NOTICE of Nonsuit on re: 182 MOTION of Commercial State Bank to Modify Receivership Order, Motion for Expedited Consideration, and Brief in Support re 6 Order on Sealed and/or Ex Parte Motion, filed by Commercial State Bank (Hale, Kent) (Entered: 11/27/2012)
MOTION for Reconsideration re 209 Order, and Motion for Clarification filed by Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Mary Adams Beakley, Beakley & Associates, P.C., Commerce Resource Group, Inc., DQ Real Estate Development, LTD., FLP Management, Inc., FLP Real Estate Development, LTD., I-27 Marine & RV, LTD., I-27 Powersports, Inc., LBC Real Estate Development, LTD., MMPK Restaurants, Inc., Mama Mia Pizza Kitchen, LTD., Manna Real Estate Development, LTD., RHRE Enterprises, Inc., RHRE Real Estate Development, LTD., Ranchland Hills Golf Club, Inc., Thermal Fluid Technologies, Inc., Tierra De Tejas Development, Inc. with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s) Brief in support of motion, # 2 Proposed Order Proposed Order) (DePalma, Russell) (Entered: 11/20/2012)
ORDER VACATING ORDER SETTING HEARING: Before the Court is Plaintiffs' Motion to Terminate and Dissolve the Receivership filed November 19, 2012 (doc. 218). In light of the Motion, the Order Setting Hearing filed October 30, 2012, which set a hearing on whether the Receivership should continue, is hereby VACATED and the hearing set for November 28, 2012 is cancelled. (Ordered by Judge Jane J Boyle on 11/20/2012) (chmb) (Entered: 11/20/2012)
Brief/Memorandum in Support filed by Fernando M Bustos re 210 Order Setting Deadline/Hearing, Position Statement Regarding Continuation of Receivership (Attachments: # 1 Exhibit(s) 1) (Bustos, Fernando) (Entered: 11/20/2012)
MOTION to Dismiss Without Prejudice To Refiling filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass with Brief/Memorandum in Support. (Gardner, Allen) (Entered: 11/19/2012)
MOTION To Terminate And Dissolve The Receivership filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass with Brief/Memorandum in Support. (Gardner, Allen) (Entered: 11/19/2012)
ELECTRONIC ORDER granting 215 Motion to be Excused from the November 28, 2012 hearing. The Court's order setting the hearing does not require the appearance of counsel at the hearing for entities which have only filed claims against property subject to the Receivership and which have no position regarding the continuation, modification, or dissolution of the Receivership. (Ordered by Judge Jane J Boyle on 11/14/2012) (chmb) (Entered: 11/14/2012)
Unopposed MOTION To be excused from a hearing on November 28, 2012 filed by Lee County, Texas, Limestone County, Texas (Attachments: # 1 Proposed Order) (Rider, Kent) (Entered: 11/07/2012)
ORDER granting 213 Unopposed Motion to Extend Answer Deadline re 184 Amended Complaint. Defendants' deadline to answer Plaintiffs' Amended Complaint is extended to 12/5/2012. (Ordered by Judge Jane J Boyle on 11/6/2012) (tln) (Entered: 11/06/2012)
Unopposed Motion for Extension of Time to File Answer filed by Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Mary Adams Beakley, Beakley & Associates, P.C., Concert Management, LTD., DQ Real Estate Development, LTD., FLP Management, Inc., FLP Real Estate Development, LTD., I-27 Marine & RV, LTD., I-27 Powersports, Inc., LBC Real Estate Development, LTD., MMPK Restaurants, Inc., Mama Mia Pizza Kitchen, LTD., Manna Real Estate Development, LTD., RHRE Enterprises, Inc., RHRE Real Estate Development, LTD., Ranchland Hills Golf Club, Inc. with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Anderson, Jeremy) (Entered: 11/05/2012)
Notice of Filing of Official Electronic Transcript of Partial Transcript - Ruling on Motion to Dismiss, Proceedings held on July 31, 2012 before Judge Jane J. Boyle. Court Reporter/Transcriber Shawnie Archuleta, Telephone number 214-753-2747. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (23 pages) Redaction Request due 11/23/2012. Redacted Transcript Deadline set for 12/3/2012. Release of Transcript Restriction set for 1/30/2013. (spa) (Entered: 11/01/2012)
ORDER REGARDING 11/28/2012 HEARING ON THE RECEIVERSHIP: The parties are advised that the issue to be determined is whether the Receivership should be continued, modified, or dissolved. (Ordered by Judge Jane J Boyle on 10/31/2012) (ykp) (Entered: 11/01/2012)
ORDER SETTING HEARING: Motion Hearing set for 11/28/2012 10:00 AM before Judge Jane J Boyle. The Court will also address pending motions to modify the Receivership as well as the Receiver's request for fees. Lead counsel for Plaintiffs and Defendants are required to attend. The Receiver is also required to attend. (Ordered by Judge Jane J Boyle on 10/30/2012) (ykp) (Entered: 10/30/2012)
MEMORANDUM OPINION AND ORDER: The Court declines to dismiss the Plaintiffs' First Amended Complaint. Accordingly, the First Amended Complaint stands as the operative complaint in this case. (Ordered by Judge Jane J Boyle on 10/24/2012) (Judge Jane J Boyle) (Entered: 10/24/2012)
MOTION for Relief from Receivership Order as to Certain Real Estate and Brief in Support Thereof re 6 Order on Sealed and/or Ex Parte Motion, filed by Classic Bank, N.A. with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Real Estate Lien Note, # 2 Exhibit(s) Deed of Trust, # 3 Exhibit(s) Real Estate Lien Note, # 4 Exhibit(s) Deed of Trust) (Bratcher, Loyd) (Entered: 10/01/2012)
REPLY filed by Fernando M Bustos re: 193 MOTION for Expedited Consideration, Emergency Motion to Approve Oil, Gas, and Mineral Lease, and Motion to Approve Agreement with Blaze Resources, LLC (Bustos, Fernando) (Entered: 09/28/2012)
REPLY filed by Fernando M Bustos re: 191 MOTION Fourth Interim Report to Court, Motion for Approval of Receivership Fees and Expenses, and Request for Expedited Review (Bustos, Fernando) (Entered: 09/28/2012)
NOTICE Movant Textron Financial Corporation's Advisory to the Court Regarding its Motion for Relief from Receivership Order and Brief in Support re: 196 Order, 177 MOTION Relief from Receivership Order filed by Textron Financial Corporation (Villa, Richard) (Entered: 09/28/2012)
NOTICE Advisory to the Court re: 156 MOTION to Approve Settlement Agreement with Phillip W. Pool filed by Fernando M Bustos (Bustos, Fernando) (Entered: 09/24/2012)
RESPONSE AND OBJECTION filed by Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Mary Adams Beakley, Meghan Beakley, Beakley & Associates, P.C. re: 191 MOTION Fourth Interim Report to Court, Motion for Approval of Receivership Fees and Expenses, and Request for Expedited Review (Anderson, Jeremy) (Entered: 09/21/2012)
RESPONSE AND OBJECTION filed by Ranchland Hills Golf Club, Inc. re: 193 MOTION for Expedited Consideration, Emergency Motion to Approve Oil, Gas, and Mineral Lease, and Motion to Approve Agreement with Blaze Resources, LLC (Attachments: # 1 Appendix) (Anderson, Jeremy) (Entered: 09/21/2012)
NOTICE Receiver's Advisory to the Court Regarding Footnote 9 to Defendants' Joint Response to Plaintiffs' Synopsis in Support of Their Proposed Amended Complaint filed by Fernando M Bustos (Bustos, Fernando) (Entered: 09/17/2012)
ORDER: The Court notes several instances in this case where motions have been opposed but the party in opposition does not file a response in opposition. In order to aid the Court in resolving future motions, please see Order for specific instructions. (Ordered by Judge Jane J Boyle on 9/11/2012) (jrr) (Main Document 196 replaced on 9/11/2012) (chmb). (Entered: 09/11/2012)
ORDER: Before the Court is the Receiver's Emergency Motion filed 9/10/2012 (doc. 193). The Motion is opposed by Defendants and unopposed by Plaintiffs. Defendants are hereby ORDERED to file their response to the Emergency Motion by 9/21/2012. Plaintiffs may also file a response to the Emergency Motion by 9/21/2012. Failure to respond to the Emergency Motion may result in the Court deeming the motion unopposed. (Ordered by Judge Jane J Boyle on 9/11/2012) (cea) (Entered: 09/11/2012)
Appendix in Support filed by Fernando M Bustos re 193 MOTION for Expedited Consideration, Emergency Motion to Approve Oil, Gas, and Mineral Lease, and Motion to Approve Agreement with Blaze Resources, LLC (Bustos, Fernando) (Entered: 09/10/2012)
MOTION for Expedited Consideration, Emergency Motion to Approve Oil, Gas, and Mineral Lease, and Motion to Approve Agreement with Blaze Resources, LLC filed by Fernando M Bustos with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 09/10/2012)
Appendix in Support filed by Fernando M Bustos re 191 MOTION Fourth Interim Report to Court, Motion for Approval of Receivership Fees and Expenses, and Request for Expedited Review (Bustos, Fernando) (Entered: 09/10/2012)
MOTION Fourth Interim Report to Court, Motion for Approval of Receivership Fees and Expenses, and Request for Expedited Review filed by Fernando M Bustos with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 09/10/2012)
RESPONSE filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass re: 174 Order on Motion for Miscellaneous Relief,,,,,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion to Strike, (Richard, Travis) (Entered: 09/04/2012)
MOTION of Commercial State Bank to Modify Receivership Order, Motion for Expedited Consideration, and Brief in Support re 6 Order on Sealed and/or Ex Parte Motion, filed by Commercial State Bank with Brief/Memorandum in Support.. Party Commercial State Bank added. (Hale, Kent) (Entered: 09/04/2012)
MOTION of Western Bank to Modify Receivership Order, Motion for Expedited Consideration, and Brief in Support re 6 Order on Sealed and/or Ex Parte Motion, filed by Western Bank with Brief/Memorandum in Support.. Party Western Bank added. (Hale, Kent) (Entered: 08/30/2012)
MOTION Relief from Order Granting Asset Freeze and Appointing a Reciever and for Expedited Consideration filed by Deere Credit, Inc.. Party Deere Credit, Inc. added. (Jenkins, Jody) (Entered: 08/21/2012)
MOTION Relief from Receivership Order filed by Textron Financial Corporation with Brief/Memorandum in Support.. Party Textron Financial Corporation added. (Villa, Richard) (Entered: 08/15/2012)
NOTICE of Attorney Appearance by Kent M Rider on behalf of Limestone County, Texas.. Party Limestone County, Texas added. (Rider, Kent) (Entered: 08/02/2012)
ORDER GRANTING 76 MOTION TO DISMISS. In light of the dismissal of the Complaint, the Motions to Intervene filed 3/13/2012 (docs. 52, 54, and 55) and 3/21/2012 (doc. 69) are hereby DENIED WITHOUT PREJUDICE. If Plaintiffs are able to replead any Counts to overcome all of the grounds stated herein for dismissal, they should do so by no later than thirty (30) days from the date of this Order. (Ordered by Judge Jane J Boyle on 8/2/2012) (tln) (Entered: 08/02/2012)
NOTICE of Attorney Appearance by Russell J DePalma on behalf of Amy Janise Beakley, David Janson Beakley, Joel William Beakley, The Law Offices of Amy J. Beakley, P.C.. (DePalma, Russell) (Entered: 07/27/2012)
MOTION to Modify Receivership Order, Motion for Expedited Consideration filed by George Porter with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)). Party George Porter added. (Nebb, Robert) Modified title on 7/24/2012 (ctf). (Entered: 07/24/2012)
ORDER SETTING HEARING: Motion Hearing set for 7/31/2012 at 10:00 AM before Judge Jane J Boyle re: 76 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. (Ordered by Judge Jane J Boyle on 7/6/2012) (cea) (Entered: 07/06/2012)
ORDER granting 166 Motion Relief from Receivership Order and 166 Motion for Expedited Consideration. (Ordered by Judge Jane J Boyle on 7/5/2012) (cea) (Entered: 07/05/2012)
NOTICE of Related Case and Chapter 7 Bankruptcy Filing Concerning Defendants Michael John Beakley and Megan Snodgrass Beakley filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass (Gardner, Allen) (Entered: 07/03/2012)
ORDER VACATING SCHEDULING ORDER: The 80 Scheduling Order in this case filed 3/28/2012 is hereby VACATED, including the 10/7/2013 trial setting. The Court will enter a new scheduling order after the 7/5/2012 Status Conference. This order does not affect any deadlines set by Local Rule 7.1. (Ordered by Judge Jane J Boyle on 7/2/2012) (ctf) (Entered: 07/02/2012)
Appendix in Support filed by Highlands Bank re 166 MOTION for Relief from Receivership Order and Motion for Expedited Consideration (Shepherd, Joshua) (Entered: 06/29/2012)
MOTION for Relief from Receivership Order and Motion for Expedited Consideration filed by Highlands Bank, with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Proposed Order Granting Highlands Bank's Motion) (Shepherd, Joshua). (Entered: 06/29/2012)
ORDER RESETTING STATUS CONFERENCE: The status conference previously set for Friday, 7/06/2012 is RESET for Thursday, 7/5/2012 at 10:00 AM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 6/21/2012) (twd) (Entered: 06/21/2012)
ORDER SETTING STATUS CONFERENCE: Status Conference set for 7/6/2012 at 02:00 PM before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 6/15/2012) (ctf) (Entered: 06/15/2012)
MOTION for Hearing re 76 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by BGA Enterprises, Inc., Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Mary Adams Beakley, Meghan Beakley, Michael John Beakley, Beakley & Associates, P.C., Celebrating Educational Excellence, Inc., Commerce Resource Group, Inc., Concert Management, LTD., DFJV Equipment Leasing, LTD., DP&P Enterprises, Inc., DQ Property Management, LLC, DQ Real Estate Development, LTD., FLP Management, Inc., FLP Real Estate Development, LTD., I-27 Marine & RV, LTD., I-27 Powersports, Inc., Integrated Floors, Inc., John W. Beakley, CPA, P.C., LBC Real Estate Development, LTD., MMPK Restaurants, Inc., MP1 Real Estate Development, LTD., Mama Mia Pizza Kitchen, LTD., Manna Real Estate Development, LTD., Monetary Underwriting Association, Inc., Presidential Sports Turf, Inc., QSR Performance Software, Inc., RH Real Estate Development, LTD., RHRE Enterprises, Inc., RHRE Real Estate Development, LTD., Ranchland Hills Country Club, Inc., Ranchland Hills Golf Club, Inc., Roundtable Corporation Employee Stock Option Plan & Trust, SAS Excalibur Enterprises, Inc., TH Construction, Inc., Team DQ Cycling, Inc., The Law Offices of Amy J. Beakley, P.C., Thermal Fluid Technologies, Inc., Tierra De Tejas Development, Inc., USA Mark IT Enterprises, Inc., West Texas KLD, LLC., WiFi City, U.S. Enterprises, Inc. (Attachments: # 1 Proposed Order) (Anderson, Jeremy) (Entered: 06/15/2012)
New Case Notes: A filing fee has been paid. File to Judge Boyle. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (skt) (Entered: 06/06/2012)
Order transferring case to the Dallas Division of the Northern District of Texas. (Ordered by Judge Sam R Cummings on 6/6/2012) (lkw) (Entered: 06/06/2012)
Appendix in Support filed by Fernando M Bustos re 156 MOTION to Approve Settlement Agreement with Phillip W. Pool (Bustos, Fernando) (Entered: 06/06/2012)
MOTION to Approve Settlement Agreement with Phillip W. Pool filed by Fernando M Bustos with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 06/06/2012)
ORDER denying 33 Receiver's Motion for Contempt Against Defendant John William Beakley ; denying 44 Plaintiffs' Motion to Prohibit Further Interference with Service or Other Appropriate Procedural Process; denying 92 Plaintiffs' Emergency Motion for Contempt and Sanctions; denying as moot 107 Plaintiff Scott P. Douglass' Motion to Quash Subpoena and for Protective Order; denying 110 Defendants' Motion for Attorney Fees and Costs Subject to Motion to Dismiss, for Rule 11 Sanctions. SO ORDERED. (Ordered by Judge Sam R Cummings on 6/6/2012) (lkw) (Entered: 06/06/2012)
ORDER granting 147 Receiver's Motion for Approval of Receivership Fees and Expenses, filed May 25, 2012. (Ordered by Judge Sam R Cummings on 6/5/2012) (lkw) (Entered: 06/05/2012)
ORDER granting 151 Motion Joint Motion For Agreed Order Releasing Thermal Technologies, Inc. ("TTI") from certain provisions of the Order Granting Asset Freeze, Requiring an Accounting, Preservation of Documents, Appointing a Receiver, Temporary Restraining Order and Preliminary Injunction (Dkt. 6) (Ordered by Judge Sam R Cummings on 5/31/2012) (lkw) (Entered: 05/31/2012)
ORDER: Any response to the Receiver's 147 Second Interim Report to Court and Motion for Approval of Receivership Fees and Expenses, filed May 25, 2012, must be filed on or before 9:00 a.m. on June 4, 2012. No reply will be considered.SO ORDERED. (Ordered by Judge Sam R Cummings on 5/30/2012) (lkw) (Entered: 05/30/2012)
Appendix in Support filed by Fernando M Bustos re 147 MOTION Second Interim Report to Court, Motion for Approval of Receivership Fees and Expenses and Request for Expedited Review (Bustos, Fernando) (Entered: 05/25/2012)
MOTION Second Interim Report to Court, Motion for Approval of Receivership Fees and Expenses and Request for Expedited Review filed by Fernando M Bustos with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 05/25/2012)
RESPONSE (Plaintiffs' Brief in Opposition to Transfer to the Dallas Division of the Northern District of Texas)filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass re: 137 Order, (Gardner, Allen) Modified text on 5/25/2012 (lkw). (Entered: 05/25/2012)
ORDER: Came on for consideration Deals That Work, L.L.C.'s ("Movant") 132 Motion for Relief from Order Granting Asset Freeze and Appointing a Receiver, for Confirmation of Settlement Agreement, and for Expedited Consideration, Brief and Appendix, filed May I 1, 2012, and 138 Movant's Supplemental Brief, filed May 17,2012. After considering the motion, the Court is of the opinion that it should be GRANTED as follows: The subject property leased by I-27 Powersports is relieved from the agreed order and any other order by which it is bound that has been entered by this Court in the instant case. The Court declines to make any findings with regard to (l) the effect, if any, Movant's proposed actions may or may not have on John W. Beakley's or Roundtable Corporation's bankruptcy proceedings; (2) the state of the lease; or (3) the propriety of the actions Movant proposes to be taken. SO ORDERED. (Ordered by Judge Sam R Cummings on 5/22/2012) (lkw) (Entered: 05/22/2012)
ORDER granting 141 Motion for Enlargement of Time to Submit Proposed Order Concerning the Transfer of Ownership of Manna Real Estate and Thermal Fluid Technologies. The time for submission of the proposed order should be extended until June 5, 2012. SO ORDERED. (Ordered by Judge Sam R Cummings on 5/22/2012) (lkw) (Entered: 05/22/2012)
Notice of Filing of Official Electronic Transcript of Testimony of Kathy Stump from Motion Hearing Proceedings held on 04/12/2012 before Judge Sam R. Cummings. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (44 pages) Redaction Request due 6/8/2012. Redacted Transcript Deadline set for 6/18/2012. Release of Transcript Restriction set for 8/16/2012. (kmd) (Entered: 05/18/2012)
Notice of Filing of Official Electronic Transcript of Testimony of Joshua Savage from Motion Hearing Proceedings held on 04/12/2012 before Judge Sam R. Cummings. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (108 pages) Redaction Request due 6/8/2012. Redacted Transcript Deadline set for 6/18/2012. Release of Transcript Restriction set for 8/16/2012. (kmd) (Entered: 05/18/2012)
Supplemental Brief in Support filed by Deals that Work, LLC re 132 MOTION Relief from Receiversip Order and Confirmation of Settlement Agreement (Griffis, Will) Modified text on 5/18/2012 (lkw). (Entered: 05/17/2012)
ORDER: The parties are ordered to show cause why, pursuant to 28 U.S.C. 1404, the above styled and -numbered cause should not be transferred to the Dallas Division of the Northern District of Texas. The parties shall submit either their stipulations to or briefs on the issue by 9:00 a.m. on Friday, May 25, 2012. SO ORDERED. (Ordered by Judge Sam R Cummings on 5/16/2012) (lkw) (Entered: 05/16/2012)
ORDER granting 135 Motion Agreed Order Granting Modification of Order Granting Asset Freeze, Requiring an Accounting, Preservation of Documents, Appointing a Receiver, Temporary Restraining Order, and Preliminary Injunction (DKT. 6) (Ordered by Judge Sam R Cummings on 5/16/2012) (lkw) (Entered: 05/16/2012)
ORDER denying 132 Motion for Relief from Order Granting Asset Freeze and Appointing a Receiver and for Confirmation of Settlement Agreement. As such, the Court declines to grant Movant the requested relief until it demonstrates either (1) that the requested relief in no way runs afoul of the automatic stays of John W. Beakley's and Roundtable Corporation's bankruptcy proceedings or (2) that Movant has sought and obtained from the respective bankruptcy courts a lift of the stays with respect to the subject premises. Because it has yet to make this showing, Movant's Motion for Relief from Order Granting Asset Freeze and Appointing a Receiver and for Confirmation of Settlement Agreementis DENIED. SO ORDERED. (Ordered by Judge Sam R Cummings on 5/14/2012) (lkw) (Entered: 05/14/2012)
ORDER denying 129 Motion for Relief from Receivership Order. The Court declines to grant the Bank the requested relief until it demonstrates either (1) that the subject property is in no way implicated in the automatic stay of John W. Beakley's bankruptcy proceeding or (2) that the Bank has sought and obtained from the bankruptcy court a lift of the stay with respect to the subject property. Because it has yet to make this showing, the Bank's Motion for Relief from Receivership Order is DENIED. SO ORDERED. (Ordered by Judge Sam R Cummings on 5/14/2012) (lkw) (Entered: 05/14/2012)
MOTION for Relief from Order Granting Asset Freeze and Appointing a Receiver, for Confirmation of Settlement Agreement, and for Expedited Consideration, and Brief in Support. (Attachments: # 1 Additional Page(s) Appendix in Support, # 2 Additional Page(s) Appendix, # 3 Proposed Order Granting Motion for Relief, # 4 Proposed Order Expedited Review) (Griffis, Will) Modified text on 5/14/2012 (lkw). (Entered: 05/11/2012)
NOTICE of Attorney Appearance by Kevin Dale McCullough on behalf of Party Robert Newhouse, Chapter 7 Trustee for John William Beakley, Jr. added. (McCullough, Kevin) Modified text on 5/10/2012 (lkw). (Entered: 05/09/2012)
ORDER: Any response to The Highlands Bank of Dallas' 129 Motion for Relief from Receivership Order, filed May 7, 2012,must be filed on or before 9:00 a.m. on May 14, 2012. No reply will be considered. SO ORDERED. (Ordered by Judge Sam R Cummings on 5/8/2012) (lkw) (Entered: 05/08/2012)
MOTION for Relief from Receivership Order, Motion for Expedited Consideration filed by The Highlands Bank of Dallas with Brief/Memorandum in Support. (Attachments: # 1 Appendix, # 2 Proposed Order). Party The Highlands Bank of Dallas added. (Castillo, Mark) (Entered: 05/07/2012)
ORDER: granting 125 Joint Motion to Extend Temporary Restraining Order and to Reset Hearing on Preliminary Injunction, and granting 127 Joint Motion to Extend Time Re-Urged Joint Motion to Extend Temporary Restraining Order and to Reset Hearing on Preliminary Injunction. The hearing on Plaintiffs' Application for Temporary Injunction will resume at 1:15 p.m. on Wednesday, May 16, 2012, in the United States District Court, Lubbock, Texas, and the Temporary Restraining Order and its associated relief is extended up through the date of the temporary injunction hearing.SO ORDERED. (Ordered by Judge Sam R Cummings on 5/7/2012) (lkw) (Entered: 05/07/2012)
ORDER: The hearing on Plaintiffs' Application for Preliminary Injunction will resume at 9:00 a.m. on Tuesday, May 8, 2012, in the United States District Court, Lubbock, Texas. (Ordered by Judge Sam R Cummings on 5/4/2012) (bdg) (Entered: 05/04/2012)
ORDER granting 119 Motion to Modify Receivership Order. After considering the motion, the Court is of the opinion that it should be GRANTED as follows:The Court's Order of March 1, 2012 Granting Asset Freeze, Requiring an Accounting, Preservation of Documents, Appointing a Receiver, and Temporary Restraining Order and Order of April 16, 2012 Granting Joint Motion to Extend Temporary Restraining Order are lifted with regard to Manna Real Estate Development, Ltd. for the limited purpose of allowing AimBank to conduct a nonjudicial foreclosure. Following the foreclosure sale, AimBank shall deposit any surplus funds in the registry of the Court. SO ORDERED this 1st day of May, 2012. (Ordered by Judge Sam R Cummings on 5/1/2012) (lkw) (Entered: 05/01/2012)
NOTICE of Non-Opposition re: 119 MOTION Modification of Receivership Order re 6 Order on Sealed and/or Ex Parte Motion, filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass (Gardner, Allen) (Entered: 05/01/2012)
Amended Document (Supplemental Certificate of Conference) by AIMBANK. Amendment to 119 MOTION Modification of Receivership Order re 6 Order on Sealed and/or Ex Parte Motion, (Dennis, Don) Modified text on 4/27/2012 (lkw). (Entered: 04/27/2012)
ORDER: The time for responding to AIMBANK's Motion to Modify Receivership Order and for Expedited Consideration is shortened to on or before May 1, 2012, at 9:00 a.m. No reply will be considered. SO ORDERED. (Ordered by Judge Sam R Cummings on 4/27/2012) (lkw) Modified text on 4/27/2012 (lkw). (Entered: 04/27/2012)
Brief/Memorandum in Support re 119 MOTION Modification of Receivership Order re 6 Order on Sealed and/or Ex Parte Motion filed by AIMBANK (Dennis, Don) Modified text to add filer on 4/27/2012 (lkw). (Entered: 04/26/2012)
MOTION Modification of Receivership Order re 6 Order on Sealed and/or Ex Parte Motion filed by AIMBANK (Dennis, Don) Modified to add filer on 4/27/2012 (lkw). (Entered: 04/26/2012)
ORDER: Any response to Receiver's 116 MOTION TO LIFT DISCOVERY STAY must be filed on or before 9:00 a.m. on 4/25/2012. No reply will be considered. (Ordered by Judge Sam R Cummings on 4/20/2012) (bdg) (Entered: 04/20/2012)
NOTICE of receipt of Plaintiff's exhibits offered and admitted in TRO Motion Hearing received by Clerk's Office from Courtroom Deputy. (lkw) (Entered: 04/18/2012)
Minute Entry for proceedings held before Judge Sam R Cummings: Preliminary Injunction Hearing (Evidentiary Hearing)held on 4/12/2012. Case called. Witnesses called and sworn. Testimony given. Exhibits admitted. Exhibits retained by Plaintiff until hearing is completed. Court in recess until 2:00 p.m., April 13, 2012. Attorney Appearances: Plaintiff - Matt Matzner, Allen Gardner, Bryan Forman; Defense - Jeremy Anderson, Ashton Randall. Receiver: Fernando Bustos (Court Reporter: Mechelle Daniel) (Exhibits admitted in open court - returned to Plaintiffs) Time in Court - 06:45. (lkw) Modified text on 4/18/2012 (lkw). (Entered: 04/13/2012)
Appendix in Support filed by Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Meghan Beakley, Michael John Beakley, The Law Offices of Amy J. Beakley, P.C. re 109 Response/Objection, 92 Emergency MOTION for SanctionsEmergency MOTION For Contempt (Attachments: # 1 Exhibit(s) A, Emails, # 2 Exhibit(s) B, Emails, # 3 Exhibit(s) C, Emails, # 4 Exhibit(s) D, Distribution Summary) (Randall, W) (Entered: 04/12/2012)
RESPONSE in Opposition and Supporting Brief to Plaintiffs' Emergency Motion for Contempt and Sanctions filed by Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Meghan Beakley, Michael John Beakley, The Law Offices of Amy J. Beakley, P.C. re: 92 Emergency MOTION for Sanctions Emergency MOTION For Contempt (Randall, W) Modified text on 4/12/2012 (lkw). (Entered: 04/11/2012)
ORDER APPROVING 90 RECEIVERSHIP FEES AND EXPENSES AND EMPLOYMENT OF BANKRUPTCY COUNSEL FOR RECEIVERSHIP ESTATE (Ordered by Judge Sam R Cummings on 4/11/2012) (lkw) Modified text on 4/11/2012 (lkw). (Entered: 04/11/2012)
ORDER granting 97 Motion for Relief from Order Granting Asset Freeze and Appointing Receiver and for Expedited Consideration (Ordered by Judge Sam R Cummings on 4/11/2012) (lkw) (Entered: 04/11/2012)
ORDER: The hearing on Defendants' Motion to Dismiss, set for Thursday, April 12, 2012, at 9:00 a.m., is VACATED. However, the hearing on Plaintiffs' Application for Issuance of Preliminary Injunction is unchanged. Moreover, all discovery is stayed pending resolution of Defendants' Motion to Dismiss. SO ORDERED. (Ordered by Judge Sam R Cummings on 4/11/2012) (lkw) (Entered: 04/11/2012)
ORDER:Any response to the 97 Motion for Relief from Order Granting Asset Freeze and Appointing a Receiver and for Expedited Consideration, filed April 5, 2012, must be filed on or before 3:00 p.m. on April 11, 2012. No reply will be considered. (Ordered by Judge Sam R Cummings on 4/9/2012) (lkw) (Entered: 04/09/2012)
ORDER: Any response to the 90 Receiver's Motion for Approval of Receivership Fees and Expenses and Motion to Approve Employment of Bankruptcy Counsel for Receivership Estate, filed April 3, 2012, must be filed on or before 3:00 p.m. on April 11, 2012. No reply will be considered. SO ORDERED. (Ordered by Judge Sam R Cummings on 4/9/2012) (lkw) Modified text on 4/9/2012 (lkw). (Entered: 04/09/2012)
ORDER denying 74 Plaintiffs' Emergency Motion for Expedited Discovery and Request for Expedited Ruling and Brief filed March 27, 2012; granting in part 98 Defendants' Response and Motion for Protective Order and Brief filed April 5, 2012. After considering Plaintiffs' Emergency Motion for Expedited Discovery, the Court is of the opinion that the same should be DENIED. After considering Defendants' Motion for Protective Order, the Court is of the opinion that the same should be GRANTED in part. Plaintiffs are ordered to serve their discovery requests on Defendants, who will have ten (10) days to file any objections. Then, upon this Court's resolution of Defendants' objections, the Receiver will have ten (10) days to respond to Plaintiffs' discovery to the extent he has possession or control of any documents or other information responsive to the requests. All parties shall conform discovery requests to the Federal Rules of Civil Procedure. SO ORDERED this 9th day of April, 2012. (Ordered by Judge Sam R Cummings on 4/9/2012) (lkw) Modified text on 4/11/2012 (lkw). (Entered: 04/09/2012)
RESPONSE filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass re: 76 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Gardner, Allen) (Entered: 04/06/2012)
MOTION for Relief from Order Granting Asset Freeze and Appointing a Receiver and for Expedited Consideration filed by Diversified Real Estate, LLC with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support, # 2 Appendix, # 3 Proposed Order). Party Diversified Real Estate, LLC added. (Aycock, Robert) Modified text on 4/5/2012 (cb). Modified on 4/5/2012 (lkw). (Entered: 04/05/2012)
Notice of Filing of Official Electronic Transcript of Testimony of Fernando Bustos from Motion Hearing Proceedings held on 03/14/2012 before Judge Sam R. Cummings. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (28 pages) Redaction Request due 4/26/2012. Redacted Transcript Deadline set for 5/7/2012. Release of Transcript Restriction set for 7/5/2012. (kmd) (Entered: 04/05/2012)
Notice of Filing of Official Electronic Transcript of testimony of Samuel K. Douglass from Motion Hearing Proceedings held on 03/14/2012 before Judge Sam R. Cummings. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (121 pages) Redaction Request due 4/26/2012. Redacted Transcript Deadline set for 5/7/2012. Release of Transcript Restriction set for 7/5/2012. (kmd) (Entered: 04/05/2012)
Appendix in Support filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass re 92 Emergency MOTION for SanctionsEmergency MOTION For Contempt (Gardner, Allen) (Entered: 04/04/2012)
Plaintiff's Emergency Motion for Contempt and Sanctions and Brief in Support Thereof filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass (Gardner, Allen) Modified text on 4/4/2012 (lkw). (Entered: 04/04/2012)
Appendix in Support filed by Fernando M Bustos re 90 Status Report to Court, Motion for Approval of Receivership Fees and Expenses, and for Expedited Review, and Motion to Approve Employment of Bankruptcy Counsel for Receivership Estate (Bustos, Fernando) (Entered: 04/03/2012)
First STATUS REPORT to Court, Motion for Approval of Receivership Fees and Expenses, and for Expedited Review, and Motion to Approve Employment of Bankruptcy Counsel for Receivership Estate filed by Fernando M Bustos. (Bustos, Fernando) (Entered: 04/03/2012)
Order Unfiling 88 Defendants' Response in Opposition to Plaintiffs' Emergency Motion for Expedited Discovery, and Motion for Protective Order. Defendants' Response in Opposition to Plaintiffs' Emergency Motion for ExpeditedDiscovery, and Motion for Protective Order, filed April 3, 2012, is UNFILED because it is not double-spaced. Although the Court disregarded the same lack of compliance in Defendants Response to Plaintiffs' Motion for Contempt, filed March 29, 2012, as Document 84, the Court will require compliance in all future filings. Defendants may refile their Response and Motion for Protective Order by 9:00 a.m. on April 5, 2012; however, Defendants are warned that their Motion for Protective Order will be denied if it lacks a brief in support, as required by Local Rule 7.1. SO ORDERED (Ordered by Judge Sam R Cummings on 4/3/2012) (lkw) (Entered: 04/03/2012)
ORDER: The hearings on Defendants' 76 Motion to Dismiss and Plaintiffs' 2 Application for Issuance of Preliminary Injunction are RESCHEDULED for Thursday, 4/12/2012 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings.) (Ordered by Judge Sam R Cummings on 4/2/2012) (lkw) (Entered: 04/02/2012)
ORDER granting Motion to Modify Receivership Order. re: 85 MOTION to Modify Receivership Order, MOTION for Expedited Consideration (Ordered by Judge Sam R Cummings on 4/2/2012) (lkw) (Entered: 04/02/2012)
MOTION to Modify Receivership Order, MOTION for Expedited Consideration filed by Platinum Bank with Brief/Memorandum in Support. (Attachments: # 1 Affidavit(s) Affidavit of Steve Lewis, # 2 Proposed Order Order Granting Motion to Modify Receivership Order). Party Platinum Bank added. (Hicks, Michael) Modified text on 4/2/2012 (lkw). (Entered: 03/30/2012)
ORDER: Defendants' Motion to Dismiss is set for hearing on 4/11/2012 at 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 3/28/2012) (bdg) (Entered: 03/28/2012)
ORDER: The time for responding to Defendants' 76 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim is hereby shortened to on or before 04/06/12 at 9:00 a.m. No reply will be considered. (Ordered by Judge Sam R Cummings on 3/28/2012) (bdg) (Entered: 03/28/2012)
ORDER: Documents prepared by counsel and filed in the above-styled and -numbered cause shall be double-spaced (with the exception of block quotations), with at least a 12-point typeface such as Times New Roman. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/28/2012) (lkw) (Entered: 03/28/2012)
***VACATED PER 168 ORDER***SCHEDULING ORDER: Amended Pleadings due by 7/16/2012. Joinder of Parties due by 7/16/2012. Motions for Summary Judgment due 03/15/2013. Jury Trial set for 10/7/2013 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 3/28/2012) (lkw) Modified on 7/2/2012 (ctf). (Entered: 03/28/2012)
ORDER: Any response to Plaintiffs' Emergency Motion for Expedited Discovery shall be filed on or before April 3, 2012, at 9:00 a.m. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/28/2012) (lkw) (Entered: 03/28/2012)
ORDER: The Court has been notified that on March 26, 2012, John William Beakley, Jr. filed a petition for bankruptcy under chapter 7 of the United States Bankruptcy Code. Pursuant to Section 362 of Bankruptcy Code, an automatic stay is now in effect. It is therefore ORDERED that any claims herein by and/or against John William Beakley, Jr. are severed and shall hereafter be styled Timothy K. Douglass, et al. v. John William Beakley, Jr., No. 5:12-CV-53-C. It is further ORDERED that No. 5:12-CV-53-C is administratively closed without prejudice to its being reopened if the stay is lifted or the debtor is not discharged at the conclusion of the related bankruptcy proceeding. It is further ORDERED that Civil Action No. 5:12-CV-038-C shall hereafter be styled Timothy K. Douglass, et al. v. Mary Adams Beakley, et al. (Ordered by Judge Sam R Cummings on 3/28/2012) (lkw) (Entered: 03/28/2012)
Defendants' Motion to Dismiss for Failure to State a Claim Upon Which Relief can be Granted, Lack of Subject Matter Jurisdiction, Failure to Join Indispensible Parties, and Alternatively, Motion for more Definite Statement, Motion to Strike, and Brief in Support filed by BGA Enterprises, Inc., Amy Janise Beakley, David Janson Beakley, Joel William Beakley, Mary Adams Beakley, Meghan Beakley, Michael John Beakley, Beakley & Associates, P.C., Celebrating Educational Excellence, Inc., Commerce Resource Group, Inc., DFJV Equipment Leasing, LTD., DP&P Enterprises, Inc., DQ Property Management, LLC, DQ Real Estate Development, LTD., FLP Management, Inc., FLP Real Estate Development, LTD., Food Service Management Associates, Inc., I-27 Marine & RV, LTD., I-27 Powersports, Inc., Integrated Floors, Inc., John W. Beakley, CPA, P.C., LBC Real Estate Development, LTD., MMPK Restaurants, Inc., MP1 Real Estate Development, LTD., Mama Mia Pizza Kitchen, LTD., Manna Real Estate Development, LTD., Presidential Sports Turf, Inc., QSR Performance Software, Inc., RH Real Estate Development, LTD., RHRE Enterprises, Inc., RHRE Real Estate Development, LTD., Ranchland Hills Country Club, Inc., Ranchland Hills Golf Club, Inc., Roundtable Corporation Employee Stock Option Plan & Trust, SAS Excalibur Enterprises, Inc., TH Construction, Inc., Team DQ Cycling, Inc., The Law Offices of Amy J. Beakley, P.C., The Weddington Group, Inc., Thermal Fluid Technologies, Inc., Tierra De Tejas Development, Inc., Tindle Dairy Queens, Inc., USA Mark IT Enterprises, Inc., West Texas KLD, LLC., WiFi City, U.S. Enterprises, Inc. with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Anderson, Jeremy) Modified text on 3/28/2012 (lkw). (Entered: 03/27/2012)
MOTION To Enter Scheduling Order filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass (Gardner, Allen) (Entered: 03/27/2012)
MOTION to Expedite Discovery and Request for Expedited Ruling filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass with Brief/Memorandum in Support. (Gardner, Allen) (Entered: 03/27/2012)
SUGGESTION OF BANKRUPTCY Upon the Record by John William Beakley. (Attachments: # 1 Exhibit(s) A, # 2 Service List) (Driver, Vickie) (Entered: 03/27/2012)
ORDER granting 71 Joint Motion to Extend Temporary Restraining Order and to Reset Hearing on Preliminary Injunction. The Hearing on Plaintiffs' Motion for Preliminary Injunction is rescheduled for April 11, 2012, at 9:00 a.m., in the United States District Courtroom, Lubbock, Texas. (Ordered by Judge Sam R Cummings on 3/23/2012) (lkw) (Entered: 03/23/2012)
MOTION For Leave to Move to Intervene filed by John Brown, Judy Brown with Brief/Memorandum in Support. Interested Party added. (Gardner, Allen) Modified text on 3/22/2012 (lkw). (Entered: 03/21/2012)
ORDER granting 67 Motion for Leave to Amend the Motion to Extend Time to Respond to Plaintiffs' Motion for Contempt. Defendant shall have a 10-day extension to file his response. (Ordered by Judge Sam R Cummings on 3/20/2012) (bdg) (Entered: 03/20/2012)
MOTION for Leave to File Amended Motion to Extend Time to Respond to Plaintiffs' Motion for Contempt filed by John William Beakley (Attachments: # 1 Proposed Order) (Anderson, Jeremy) (Entered: 03/19/2012)
Order Striking and Unfiling Document 65 First MOTION to Extend Time For Time to File Response In Opposition to Motion for Contempt Against John William Beakley, Filed by Counsel Jeremy Anderson filed by John William Beakley due to the following deficiency: No completed Certificate of Service, no Certificate of Conference and no Proposed Order. (Ordered by Judge Sam R Cummings on 3/19/2012) (lkw) (Entered: 03/19/2012)
***UNFILED PER 66 ORDER ***First MOTION to Extend Time For Time to File Response In Opposition to Motion for Contempt Against John William Beakly, Filed by Counsel Jeremy Anderson filed by John William Beakley (Randall, W) Modified on 3/19/2012 (lkw). (Entered: 03/16/2012)
ORDER: The Hearing on Plaintiff's Preliminary Injunction Application is rescheduled for March 27, 2012, at 9:00 o'clock a.m., in the United States District Courtroom, Lubbock, Texas. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/16/2012) (lkw) (Entered: 03/16/2012)
ORDER granting Receiver's 7 Motion to Approve Employment of Accountants; granting Receiver's 8 Motion to Approve Employment of Accountants (Ordered by Judge Sam R Cummings on 3/15/2012) (lkw) (Entered: 03/15/2012)
Minute Entry for proceedings held before Judge Sam R Cummings: Motion Hearing held on 3/14/2012. Case called. Parties announced ready. Witnesses called and sworn. Testimony given. Arguments heard. Hearing on Plaintiffs' Motion for Preliminary Injunction set for 3/26/2012 at 9:00 a.m. Court retained custody of exhibits. Attorney Appearances: Plaintiff - Matt Matzner, Allen Gardner; Defense - Jeremy Anderson, Ashton Randall. Receiver: Fernando Bustos, Jody Jenkins. DOJ: Louise Heiken (Court Reporter: Mechelle Daniel) (Exhibits admitted: Plaintiffs: W,K,V,P,C,T,Z,I,J,CC,D. Defendants: 1. Receiver: AA,BB) Time in Court - 5:35. (lkw) (Entered: 03/15/2012)
ORDER granting Receiver's 25 Motion to Extend Temporary Restraining Order; granting Plaintiffs' 31 Motion to Extend Temporary Restraining Order ; Defendants withdrew 48 Motion to Compel and the Court DENIES Defendants' Motion to Dissolve Plaintiffs' Ex Parte Order Granting Asset Freeze, Requiring an Accounting, Preservation of Documents, Appointing a Receiver, Temporary Restraining Order, and Order Setting Hearing on Preliminary Injunction, and for Forfeiture of Receiver's and Plaintiffs' Bonds. The Court Modifies its Order Granting Asset Freeze, Requiring an Accounting, Preservation of Documents, Appointing a Receiver, and Temporary Restraining Order to unfreeze the bank accounts of Defendants Meghan Beakley, David Janson Beakley, Joel William Beakley, Michael John Beakley, Amy Janise Beakley, and the Law Offices of Amy J. Beakley, P.C. The Court SETS a hearing on Plaintiffs' Motion for Preliminary Injunction for March 26, 2012, at 9:00a.m., in the United States District Court, Lubbock, Texas. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/14/2012) (lkw) (Entered: 03/14/2012)
ORDER: The time for responding to the Motions for Leave to Intervene filed March 13, 2012, by (1) 52 Douglas H. Parsley, Jayme M. Parsley, William H. Parsley, Bethel L. Parsley, and the Parsley Family Trust; (2) 54 Walter C. Miller and DeAnn M. Miller; and (3) 56 Wayne Miller is shortened to on or before March 26, 2012, at 9:00 a.m. No reply will be considered. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/14/2012) (lkw) (Entered: 03/14/2012)
Appendix in Support filed by DeAnn M. Miller, Walter C. Miller re 54 MOTION For Leave to Intervene and Brief in Support Thereof (Gardner, Allen) (Entered: 03/13/2012)
Walter C. Miller and Deann M. Miller's Motion for Leave to Intervene and Brief in Support Thereof (Gardner, Allen) Modified text on 3/14/2012 (lkw). (Entered: 03/13/2012)
Appendix in Support of Douglas H. Parsley, Jayme M. Parsley, William H. Parsley, Bethel L. Parsley, and the Parsley Family 52 MOTION For Leave to Move To Intervene And Brief In Support Thereof (Gardner, Allen) Modified text on 3/13/2012 (lkw). (Entered: 03/13/2012)
Douglas H. Parsley, Jayme M. Parsley, William H. Parsley, Bethel L. Parsley, and The Parsley Family Trust's Motion for Leave to Move to Intervene and Brief in Support Thereof. (Gardner, Allen) Modified text on 3/14/2012 (lkw). (Entered: 03/13/2012)
ORDER: Came on for consideration 48 Defendants' Emergency Motion (1) to Compel Arbitration, (2) to Dissolve Plaintiffs' Ex Parte Order Granting Asset Freeze, Requiring an Accounting, Preservation of Documents, Appointing a Receiver, Temporary Restraining Order, and Order Setting Hearing on Preliminary Injunction, and (3) for Forfeiture of Receiver's and Plaintiffs' Bonds, filed March 12, 2012. Although the Motion lacks the certificate of conference, brief in support, and proposed order required by Local Rules LR 7.1.a, b, c, d, and h, the Court sets the Motion for hearing on Wednesday, March 14, 2012, at 9:00 a.m., in the United States District Court, Lubbock, Texas. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/12/2012) (lkw) (Entered: 03/12/2012)
ORDER granting 47 Defendants' Motion for Leave to Proceed without Local Counsel. (Ordered by Judge Sam R Cummings on 3/12/2012) (lkw) (Entered: 03/12/2012)
SUMMONS Returned Executed as to John William Beakley, as Agent and/or Registered Agent for Mama Mia Pizza Kitchen, Ltd. ; served on 3/7/2012. (Matzner, Matt) Modified on text 3/9/2012 (lkw). (Entered: 03/09/2012)
MOTION Prohibit Further Interference With Service or Other Appropriate Procedural Process filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass (Attachments: # 1 Declaration(s) Marcus Collins) (Gardner, Allen) (Entered: 03/09/2012)
SUMMONS Returned Executed as to Mama Mia Pizza Kitchen, LTD; BGA Enterprises, Inc. ; served on 3/7/2012; DP&P Enterprises, Inc. ; served on 3/7/2012; FLP Management, Inc. ; served on 3/7/2012; MP1 Real Estate Development, LTD. ; served on 3/7/2012; Mama Mia Pizza Kitchen, LTD. ; served on 3/7/2012; SAS Excalibur Enterprises, Inc. ; served on 3/7/2012; The Weddington Group, Inc. ; served on 3/7/2012; Thermal Fluid Technologies, Inc. ; served on 3/7/2012; Tindle Dairy Queens, Inc. ; served on 3/7/2012; John W. Beakley, CPA, CP; served 3/7/2012; Beakley & Association, P.C.; served 3/7/2012; U.S.A. Mark It Enterprises, Inc.; served on 3/7/2012; MMPK Restaurant, Inc.; served 3/7/2012; Team DQ Cycling, Inc.; served 3/7/2012; TH Construction, Inc.; served 3/7/2012; Ranchland Hills Country Club, Inc.; served 3/7/2012; Ranchland Hills Golf Club, Inc.; served 3/7/2012; RHRE Enterprises, Inc.; served 3/7/2012; DFJV Equipment Leasing, LTD.; served 3/7/2012; LBC Real Estate Development, LTD; served 3/7/2012; DQ Real Estate Development, LTD.; served 3/7/2012; West Texas KLD, LLC; served 3/7/2012;FLP Real Estate Development, Ltd; served 3/7/2012; Manna Real Estate Development, Ltd.; served 3/7/2012; Tierra De Tejas Development, LTD., served 3/7/2012; RHRE Real Estate Development, Ltd.; served 3/7/2012; Tindle Dairy Queens, Inc.; served 3/7/2012; Commerce Resource Group, Inc.; served 3/7/2012; Monetary Underwriting Association, Inc.; served 3/7/2012; WifiCity, U.S. Enterprises, Inc.; served 3/7/2012; QSR Performance Software, Inc.; served 3/7/2012; DQ Property Management, LLC; served 3/7/2012; Roundtable Corporation Employee Stock Option Plan & Trust; served 3/7/2012; FLP Management, Inc.; served 3/7/2012; I-27 Marine & RV, Ltd., served 3/7/2012; BGA Enterprises, Inc.; served 3/7/2012; DP&P Enterprises, Inc.; served 3/7/2012; SAS Excalibur Enterprises, Inc.; served 3/7/2012; The Weddington Group, Inc.; served 3/7/2012; MP1 Real Estate Development, Inc.; served 3/7/2012; Thermal Fluid Technologies, Inc.; served 3/7/2012; RCDQ Construction, Inc.; served 3/7/2012; RCDQ Operations, Inc.; served 3/7/2012; RH Real Estate Development, Ltd.; served 3/7/2012 . (Matzner, Matt) Modified text on 3/9/2012 (lkw). (Entered: 03/09/2012)
SUMMONS Returned Executed as to RCDQ Mexia, Inc.; served on 3/7/2012; RCDQ Earth, Inc.; served on 3/7/2012; RCDQ Nacogdoches South, Inc.; served on 3/7/2012; RCDQ Nacogdoches North, Inc.; served on 3/7/2012; RCDQ Fritch; served on 3/07/2012; RCDQ Groom, Inc.; served on 3/7/2012; RCDQ Hereford, Inc.; served on 3/7/2012; RCDQ HOBBS, Inc.; served on 3/7/2012; RCDQ Idalou, Inc.; served on 3/7/2012; RCDQ Olton, Inc.; served on 3/7/2012; RCDQ Seagraves, Inc.; served on 3/7/2012; RCDQ Slaton, Inc.; served on 3/7/2012; RCDQ Stinnett, Inc.; served on 3/7/2012; RCDQ Sunray, Inc.; served on 3/7/2012; RCDQ Wolfforth, Inc.; served on 3/7/2012; RCDQ Itasca, Inc.; served on 3/7/2012; RCDQ Hubbard, Inc.; served on 3/7/2012; RCDQ Teague, Inc.; served on 3/7/2012; RCDQ Elm Mott, Inc.; served on 3/7/2012; RCDQ Waco, Inc.; served on 3/7/2012; RCDQ Temple, Inc.; served on 3/7/2012; RCDQ Columbus, Inc.; served on 3/7/2012; RCDQ Tomball, Inc.; served on 3/7/2012; RCDQ Giddings, Inc.; served on 3/7/2012; RCDQ Clarendon; served on 3/7/2012; RCDQ Dalhart, Inc.; served on 3/7/2012; RCDQ Panhandle, Inc.; served on 3/7/2012; RCDQ Spearman, Inc.; served on 3/7/2012; RCDQ Stratford, Inc.; served on 3/7/2012; RCDQ Vega, Inc.; served on 3/7/2012; RCDQ Boise City, Inc. ; served on 3/7/2012; RCDQ Canadian, Inc. ; served on 3/7/2012; RCDQ Clayton, Inc. ; served on 3/7/2012; RCDQ Wellington, Inc. ; served on 3/7/2012. (Matzner, Matt) Modified text on 3/9/2012 (lkw). (Entered: 03/09/2012)
SUMMONS Returned Executed as to RCDQ Merkel, Inc. ; served on 3/7/2012; RCDQ Olton, Inc. ; served on 3/7/2012; RCDQ Panhandle, Inc. ; served on 3/7/2012; RCDQ Perryton, Inc. ; served on 3/7/2012; RCDQ Plains, Inc. ; served on 3/7/2012; RCDQ Port Aransas, Inc. ; served on 3/7/2012; RCDQ Port Lavaca Austin, Inc. ; served on 3/7/2012; RCDQ Port Lavaca, Inc. ; served on 3/7/2012; RCDQ Post, Inc. ; served on 3/7/2012; RCDQ Raton, Inc. ; served on 3/7/2012; RCDQ Seagraves, Inc. ; served on 3/7/2012; RCDQ Seminole, Inc. ; served on 3/7/2012; RCDQ Shamrock, Inc. ; served on 3/7/2012; RCDQ Slaton, Inc. ; served on 3/7/2012; RCDQ Spearman, Inc. ; served on 3/7/2012; RCDQ Stinnett, Inc. ; served on 3/7/2012; RCDQ Stratford, Inc. ; served on 3/7/2012; RCDQ Sunray, Inc. ; served on 3/7/2012; RCDQ Teague, Inc. ; served on 3/7/2012; RCDQ Temple, Inc. ; served on 3/7/2012; RCDQ Tomball, Inc. ; served on 3/7/2012; RCDQ Vega, Inc. ; served on 3/7/2012; RCDQ Waco, Inc. ; served on 3/7/2012; RCDQ Wellington ; served on 3/7/2012; RCDQ Wolfforth, Inc. ; served on 3/7/2012; I-27 Powersports, Inc.; served on 3/7/2012; Presidential Sports Turf, Inc.; served on 3/7/2012; Integrated Floors, Inc.; served on 3/7/2012; RH Real Estate Development, Ltd.; RCDQ West, Inc.; served 3/7/2012. (Matzner, Matt) Modified on text 3/9/2012 (lkw). (Entered: 03/09/2012)
SUMMONS Returned Executed as to RCDQ Bloomington, Inc. ; served on 3/7/2012; RCDQ Calvert, Inc. ; served on 3/7/2012; RCDQ Carrollton, Inc. ; served on 3/7/2012; RCDQ Cedar Hill, Inc. ; served on 3/7/2012; RCDQ Clarendon, Inc. ; served on 3/7/2012; RCDQ Claude, Inc. ; served on 3/7/2012; RCDQ Clinton, Inc. ; served on 3/7/2012; RCDQ Coleman, Inc. ; served on 3/7/2012; RCDQ Columbus, Inc. ; served on 3/7/2012; RCDQ Conroe, Inc. ; served on 3/7/2012; RCDQ Coppell, Inc. ; served on 3/7/2012; RCDQ Corsicana, Inc. ; served on 3/7/2012; RCDQ Crosbyton, Inc. ; served on 3/7/2012; RCDQ Dalhart, Inc. ; served on 3/7/2012; RCDQ Denver City, Inc. ; served on 3/7/2012; RCDQ Dumas, Inc. ; served on 3/7/2012; RCDQ Earth, Inc. ; served on 3/7/2012; RCDQ Elm Mott, Inc. ; served on 3/7/2012; RCDQ Franklin, Inc. ; served on 3/7/2012; RCDQ Friona, Inc. ; served on 3/7/2012; RCDQ Fritch, Inc. ; served on 3/7/2012; RCDQ Giddings, Inc. ; served on 3/7/2012; RCDQ Groesbeck, Inc. ; served on 3/7/2012; RCDQ Groom, Inc. ; served on 3/7/2012; RCDQ Gruver, Inc. ; served on 3/7/2012; RCDQ Haskell, Inc. ; served on 3/7/2012; RCDQ Hearne, Inc. ; served on 3/7/2012; RCDQ Hereford, Inc. ; served on 3/7/2012; RCDQ Hewitt, Inc. ; served on 3/7/2012; RCDQ Hillsboro, Inc. ; served on 3/7/2012; RCDQ Hobbs, Inc. ; served on 3/7/2012; RCDQ Hubbard, Inc. ; served on 3/7/2012; RCDQ Idalou, Inc. ; served on 3/7/2012; RCDQ Itasca, Inc. ; served on 3/7/2012; RCDQ Mexia, Inc. ; served on 3/7/2012; RCDQ Nacogdoches North, Inc. ; served on 3/7/2012; RCDQ Nacogdoches South, Inc. ; served on 3/7/2012; RCDQ West, Inc. ; served on 3/7/2012. (Matzner, Matt) (Entered: 03/09/2012)
ORDER: Defendant John William Beakley shall file his response to the Receiver's 33 Motion for Contempt Against John William Beakley by 9:00 a.m. on March 16, 2012. (Ordered by Judge Sam R Cummings on 3/9/2012) (lkw) (Entered: 03/09/2012)
SUMMONS Returned Executed as to Amy Janise Beakley ; served on 3/7/2012; David Janson Beakley ; served on 3/6/2012; Joel William Beakley ; served on 3/6/2012; John William Beakley ; served on 3/7/2012; Mary Adams Beakley ; served on 3/6/2012; Meghan Beakley ; served on 3/6/2012; Michael John Beakley ; served on 3/6/2012; Beakley & Associates, P.C. ; served on 3/7/2012; Commerce Resource Group, Inc. ; served on 3/7/2012; DFJV Equipment Leasing, LTD. ; served on 3/7/2012; DQ Property Management, LLC ; served on 3/7/2012; DQ Real Estate Development, LTD. ; served on 3/7/2012; FLP Real Estate Development, LTD. ; served on 3/7/2012; I-27 Marine & RV, LTD. ; served on 3/7/2012; I-27 Powersports, Inc. ; served on 3/7/2012; Integrated Floors, Inc. ; served on 3/7/2012; John W. Beakley, CPA, P.C. ; served on 3/7/2012; LBC Real Estate Development, LTD. ; served on 3/7/2012; MMPK Restaurants, Inc. ; served on 3/7/2012; Manna Real Estate Development, LTD. ; served on 3/7/2012; Monetary Underwriting Association, Inc. ; served on 3/7/2012; Presidential Sports Turf, Inc. ; served on 3/7/2012; QSR Performance Software, Inc. ; served on 3/7/2012; RCDQ Construction, Inc. ; served on 3/7/2012; RCDQ Operations, Inc. ; served on 3/7/2012; RH Real Estate Development, LTD. ; served on 3/7/2012; RHRE Enterprises, Inc. ; served on 3/7/2012; RHRE Real Estate Development, LTD. ; served on 3/7/2012; Ranchland Hills Country Club, Inc. ; served on 3/7/2012; Ranchland Hills Golf Club, Inc. ; served on 3/7/2012; Roundtable Corporation Employee Stock Option Plan & Trust ; served on 3/7/2012; TH Construction, Inc. ; served on 3/7/2012; Team DQ Cycling, Inc. ; served on 3/7/2012; The Law Offices of Amy J. Beakley, P.C. ; served on 3/7/2012; Tierra De Tejas Development, Inc. ; served on 3/7/2012; USA Mark IT Enterprises, Inc. ; served on 3/7/2012; West Texas KLD, LLC. ; served on 3/7/2012; WiFi City, U.S. Enterprises, Inc. ; served on 3/7/2012. (Matzner, Matt) (Entered: 03/09/2012)
ORDER: The Receiver's 25 and Plaintiffs' 31 Motions to Extend Temporary Restraining Order and to Reset Hearing on Preliminary Injunction is set for hearing at 9:00 a.m. on March 14, 2012, in the United States District Court, Lubbock, Texas. The Plaintiffs shall notify Defendants of the hearing. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/9/2012) (lkw) (Entered: 03/09/2012)
Appendix in Support filed by Fernando M Bustos re 33 MOTION FOR CONTEMPT AGAINST DEFENDANT JOHN WILLIAM BEAKLEY (Bustos, Fernando) (Entered: 03/09/2012)
MOTION FOR CONTEMPT AGAINST DEFENDANT JOHN WILLIAM BEAKLEY filed by Fernando M Bustos with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 03/09/2012)
ORDER granting 29 Receiver's Motion to Substitute Bond. Upon the Motion of Fernando M. Bustos, Receiver, for substitution of a surety bond for the cash bond filed with the Court, and it appearing that the surety bond meets the requirements of the Courts Order appointing Fernando M. Bustos as Receiver, The Court finds that the Motion should be GRANTED. It is therefore: ORDERED that the Court accepts the substitution of the surety bond for the cash bond. IT IS FURTHER ORDERED that the cash bond filed by Receiver be released immediately to Receiver. SO ORDERED. cc: Kourtney Wilson, Financial (Ordered by Judge Sam R Cummings on 3/9/2012) (lkw) (Entered: 03/09/2012)
MOTION to Extend Temporary Restraining Order and to Reset Hearing on Preliminary Injunction filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass (Attachments: # 1 Proposed Order) (Gardner, Allen) (Entered: 03/08/2012)
ORDER: The order setting hearing on Receiver's Motion to Extend Temporary Restraining Order and to Reset Hearing on Preliminary Injunction, filed as Document 27, is WITHDRAWN. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/8/2012) (lkw) (Entered: 03/08/2012)
***WITHDRAWN***ORDER: The Receiver's 25 Motion to Extend Temporary Restraining Order and to Reset Hearing on Preliminary Injunction is set for hearing at 10:00 a.m. on March 14, 2012, in the United States District Court, Lubbock, Texas. The Receiver shall serve a copy of this order on each Defendant. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/8/2012) (lkw) Modified text on 3/9/2012 (lkw). (Entered: 03/08/2012)
ORDER Any response to the Receiver's Motion to Extend Temporary Restraining Order and to Reset Hearing on Preliminary Injunction, filed March 6, 2012, must be filed on or before 9:00 a.m. on March 12, 2012. No reply will be considered. The Receiver shall serve a copy of this Order on each Defendant. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/6/2012) (lkw) Modified text on 3/6/2012 (lkw). (Entered: 03/06/2012)
MOTION TO EXTEND TEMPORARY RESTRAINING ORDER AND TO RESET HEARING ON PRELIMINARY INJUNCTION filed by Fernando M Bustos (Bustos, Fernando) (Entered: 03/06/2012)
NOTICE of Attorney Appearance by G Hobart Miller on behalf of United States of America.. Party United States of America added. (Miller, G) (Entered: 03/06/2012)
ORDER: The Court has been notified that on March 2, 2012, Roundtable Corporation filed a petition for bankruptcy under chapter 11 of the United States Bankruptcy Code. Pursuant to Section 362 of the Bankruptcy Code, an automatic stay is now in effect. It is further ORDERED that any claims herein by and/or against Roundtable Corporation are severed and shall hereafter be styled, No. 5:12-CV-040-C. It is further ORDERED that No. 5:12-CV-040-C is administratively closed without prejudice to its being reopened if the stay is lifted or the debtor is not discharged at the conclusion of the related bankruptcy proceeding. Roundtable Corporation terminated. (Ordered by Judge Sam R Cummings on 3/5/2012) (lkw) (Entered: 03/05/2012)
ORDER: The time for responding to the Receivers Motion to Approve Employment of Attorneys and Motion to Approve Employment of Accountants, each filed March 2, 2012, is hereby shortened to on or before March 12, 2012, at 9:00 a.m. No reply will be considered. The Receiver shall serve a copy of this Order on each Defendant. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/5/2012) (lkw) (Entered: 03/05/2012)
ORDER: The seal of the above-styled and -numbered cause, which was ordered by the Court sua sponte, is hereby LIFTED. SO ORDERED. (Ordered by Judge Sam R Cummings on 3/5/2012) (lkw) (Entered: 03/05/2012)
Summons Issued as to David Janson Beakley, Joel William Beakley, Mary Adams Beakley, Meghan Beakley, Michael John Beakley, DQ Real Estate Development, LTD., FLP Real Estate Development, LTD., LBC Real Estate Development, LTD., MMPK Restaurants, Inc., Manna Real Estate Development, LTD., RCDQ Giddings, Inc., RCDQ Hubbard, Inc., RCDQ Plains, Inc., RCDQ Seagraves, Inc., RCDQ Shamrock, Inc., RCDQ Temple, Inc., RCDQ Wolfforth, Inc., RHRE Enterprises, Inc., Ranchland Hills Country Club, Inc., Ranchland Hills Golf Club, Inc., TH Construction, Inc., Team DQ Cycling, Inc., Tierra De Tejas Development, Inc., USA Mark IT Enterprises, Inc., West Texas KLD, LLC.. (bdg) (Entered: 03/05/2012)
ORDER granting 2 Asset Freeze, Requiring An Accounting, Preservation of Documents, Appointing A Receiver, Temporary Restraining Order, and Order Setting Hearing on Preliminary Injunction. Copies to Plaintiff's Attorneys and Receiver(Ordered by Judge Sam R Cummings on 3/2/2012) (lkw) Modified text on 3/2/2012 (lkw). Modified security on 3/6/2012 per Chambers. (klw). (Entered: 03/02/2012)
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (lkw) Modified text on 3/2/2012 (lkw). (Entered: 03/02/2012)
ORDER that this cause shall remain SEALED until further order of the court; copies to pltfs' attorneys and receiver by email. (Ordered by Judge Sam R Cummings on 3/2/2012) (klw) Modified on 3/2/2012 (klw). (Entered: 03/02/2012)
Declaration in Support filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass re 2 EX PARTE: Application for Issuance of Prelijminary Injunction and Ex Parte Temporary Restraining Order, and Orders Freezing Assets, Requiring an Accounting, Requiring Preservation of Documents, and for Appointment of Receiver (lkw) Modified on 3/5/2012 (bdg). Modified security on 3/6/2012 per Chambers (klw). (Entered: 03/02/2012)
Application for Issuance of Preliminary Injunction and Ex Parte Temporary Restraining Order, and Orders Freezing Assets, Requiring an Accounting, Requiring Preservation of Documents, and for Appointment of Receiver filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass (Attachments: # 1 App Exhibit Index and Exhibits A-E, # 2 App Exhibit F Part 1, # 3 App Exhibit F Part 2, # 4 App Exhibit F Part 3, # 5 App Exhibit F Part 4, # 6 App Exhibit F Part 5, # 7 App Exhibits G-N) (lkw) Modified security on 3/6/2012 per Chambers (klw). (Entered: 03/01/2012)
COMPLAINT WITH JURY DEMAND against All Defendants filed by Mark N Douglass, Samuel K Douglass, Scott P Douglass, Timothy K Douglass. (Filing fee $350.00; Receipt number LU005200) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Complaint Pgs 9-40, # 2 Complaint Pgs 41-80, # 3 Declaration of Samuel K. Douglass, # 4 Exhibit Index and Exhibits A-E, # 5 Exhibit F Part 1, # 6 Exhibit F Part 2, # 7 Exhibit F Part 3, # 8 Exhibit F Part 4, # 9 Exhibit F Part 5, # 10 Exhibits G-N and Civil Cover Sheet) (lkw) (Entered: 03/01/2012)
MEMORANDUM OPINION AND ORDER: The Court declines to dismiss the Plaintiffs' First Amended Complaint. Accordingly, the First Amended Complaint stands as the operative complaint in this case. (Ordered by Judge Jane J Boyle on 10/24/2012) (Judge Jane J Boyle)
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