MEMORANDUM OPINION AND ORDER granting in part and denying in part 29 Plaintiffs'-Counterdefendants' Motion to Dismiss First Amended Counterclaims and Strike Affirmative Defenses filed by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. (Ordered by Chief Judge Sidney A Fitzwater on 1/23/2014) (Chief Judge Sidney A Fitzwater)
MOTION Plaintiffs' and Counterdefendants' Motion to Dismiss First Amended Counterclaims and Strike Affirmative Defenses filed by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr (Attachments: # 1 Proposed Order) (Crawford, Kelly) (Entered: 12/05/2013)
Second AMENDED ANSWER to 8 Amended Complaint,, with Jury Demand filed by Acell Investors Limited, COUNTERCLAIM to Plaintiffs' First Amended Complaint against Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr filed by Acell Investors Limited (Harper, Geoffrey) (Entered: 11/22/2013)
STIPULATION of Agreement to Extend Time for Defendant/Counterplaintiff to File Second Amended Answer and Counterclaims by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. (Crawford, Kelly) (Entered: 11/19/2013)
ORDER granting 22 Plaintiffs-Counterdefendants' MOTION to Dismiss Counterclaims filed by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. No later than 28 days after the date this order is filed, Acell must file an amended answer and counterclaims (without a declaratory judgment counterclaim) that comply with Rules 8 and 9(b). (Ordered by Chief Judge Sidney A Fitzwater on 10/22/2013) (Chief Judge Sidney A Fitzwater) (Entered: 10/22/2013)
REPLY filed by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr re: 22 MOTION to Dismiss Plaintiffs' and Counterdefendants' Motion to Dismiss Counterclaims (Koonce, Charlene) (Entered: 09/16/2013)
RESPONSE AND OBJECTION filed by Acell Investors Limited re: 22 MOTION to Dismiss Plaintiffs' and Counterdefendants' Motion to Dismiss Counterclaims (Harper, Geoffrey) (Entered: 09/05/2013)
STIPULATION Extending Time for Defendant/CounterPlaintiff to Respond to Motion to Dismiss Counterclaims by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. (Crawford, Kelly) (Entered: 08/26/2013)
MOTION to Dismiss Plaintiffs' and Counterdefendants' Motion to Dismiss Counterclaims filed by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr (Koonce, Charlene) (Entered: 08/05/2013)
SCHEDULING ORDER: Amended Pleadings due by 1/31/2014. Discovery due by 4/14/2014. Joinder of Parties due by 10/25/2013. Motions due by 6/2/2014. Status Report due by 4/14/2014. The court will set the case for trial by separate order. (Ordered by Chief Judge Sidney A Fitzwater on 7/29/2013) (chmb) (Entered: 07/29/2013)
STIPULATION (STIPULATION EXTENDING TIME FOR PLAINTIFFS AND COUNTERDEFENDANTS TO ANSWER OR RESPOND TO COUNTERCLAIMS) by Acell Investors Limited. (Harper, Geoffrey) (Entered: 07/23/2013)
Proposal for contents of scheduling and discovery order (Joint Report Regarding Scheduling Proposal) by Acell Investors Limited, Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. (Harper, Geoffrey) (Entered: 07/23/2013)
(DEFENDANT ACELL INVESTORS LIMITED'S AMENDED ANSWER AND COUNTERCLAIMS TO PLAINTIFFS' FIRST AMENDED COMPLAINT) AMENDED ANSWER to 8 Amended Complaint,, with Jury Demand filed by Acell Investors Limited, COUNTERCLAIM against Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr filed by Acell Investors Limited (Harper, Geoffrey) (Entered: 07/08/2013)
Order for Scheduling Order Proposal: Scheduling Order Proposal due by 7/25/2013. (Ordered by Chief Judge Sidney A Fitzwater on 6/25/2013) (chmb) (Entered: 06/25/2013)
ANSWER to 8 Amended Complaint,, with Jury Demand filed by Acell Investors Limited. 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. (Stodghill, Steven) (Entered: 06/17/2013)
CERTIFICATE OF SERVICE by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr re 13 Stipulation, Extending Time for Defendant to Answer or Respond (Crawford, Kelly) (Entered: 05/17/2013)
STIPULATION Extending Time for Defendant to Answer or Respond by Stephen Jacobs, Stephen Lasher, The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. (Crawford, Kelly) (Entered: 05/16/2013)
Request for Clerk to issue Summons in a Civil Action to Acell Investors Limited (Plaintiffs' First Amended Complaint) filed by The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. (Crawford, Kelly) (Entered: 04/22/2013)
AMENDED DOCUMENT by The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. Amendment to 2 Cert. Of Interested Persons/Disclosure Statement. Amended Certificate of Interested Persons. (Crawford, Kelly) (Entered: 04/22/2013)
ORDER: Plaintiffs' complaint, filed 4/9/2013 appears to predicate subject matter jurisdiction on diversity of citizenship, but it fails to allege properly the citizenship of plaintiff The Kenneth L. Schnitzer, Jr. 1989 Gift Trust (Gift Trust). Accordingly, no later than 21 days from the date this order is filed, plaintiffs must file an amended complaint that properly alleges the citizenship of each trustee of Gift Trust who is a real party in interest. If plaintiffs fail to do so, this action will be dismissed without prejudice for lack of subject matter jurisdiction. (Ordered by Chief Judge Sidney A Fitzwater on 4/18/2013) (ndt) (Entered: 04/18/2013)
Request for Clerk to issue Summons in a Civil Action to Acell Investors Limited filed by The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. (Crawford, Kelly) (Entered: 04/10/2013)
ADDITIONAL ATTACHMENTS to 1 Complaint, by Plaintiffs The Kenneth L Schnitzer Jr 1989 Gift Trust, The Williamsburg Corp, Michael D Thompson, Patrick J Thompson, Michael T Wilhite, Jr. (Crawford, Kelly) (Entered: 04/10/2013)
New Case Notes: A filing fee has been paid. File to Judge Fitzwater. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (cea) (Entered: 04/10/2013)
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The Kenneth L. Schnitzer, Jr. 1989 Gift Trust, The Williamsburg Corp., Michael D. Thompson, Patrick J. Thompson, Michael T. Wilhite, Jr. (Crawford, Kelly) (Entered: 04/09/2013)
COMPLAINT against Acell Investors Limited filed by Michael T. Wilhite, Jr, Michael D. Thompson, Patrick J. Thompson, The Kenneth L. Schnitzer, Jr. 1989 Gift Trust, The Williamsburg Corp.. (Filing fee $350; Receipt number 0539-5232221) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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 Exhibit(s) A-1, # 2 Exhibit(s) A-2, # 3 Exhibit(s) A-3, # 4 Exhibit(s) B, # 5 Exhibit(s) C-1, # 6 Exhibit(s) C-2, # 7 Exhibit(s) C-3, # 8 Exhibit(s) C-4, # 9 Exhibit(s) D, # 10 Exhibit(s) E-1, # 11 Exhibit(s) E-2, # 12 Exhibit(s) E-3, # 13 Exhibit(s) F-1, # 14 Exhibit(s) F-2, # 15 Exhibit(s) F-3, # 16 Exhibit(s) G, # 17 Exhibit(s) H, # 18 Exhibit(s) I) (Crawford, Kelly) (Entered: 04/09/2013)
Update
Alerts
Jump