Rebuttal Brief re 89 MOTION to Alter Judgment and/or for Relief from Judgment filed by Deborah D. Berger, Stuart D. Berger, The Law Offices of Stuart Berger, PLLC. (Attachments: # 1 Affidavit Stuart Berger Declaration)(Carnes, Thomas) (Entered: 04/16/2015)
ORDER GRANTING 91 Motion to Appoint Substitute Receiver. Mr. Keith Northern is released from all of his duties and obligations as receiver in this action and Mr. Robert B Smith is appointed substitute Receiver in the place and stead of Mr. Northern. The appearance of Jonathan Hauser, Esq. and Jeffrey H. Gray, Esq of the law firm of Troutman Sanders, LLP are noted as counsel for the substitute Receiver; and the withdrawl of the law firm of Thompson Hine, LLP as counsel for the Receiver all shall be effective immediately upon the entry of this order. Mr. Northern is directed to turn over all appropriate papers, records and other property to Mr. Smith promptly upon entry of this order. Except to the extent provided herein, this Court's Orders entered herein on 10/30/14, 12/23/14, and 1/28/15, shall remain in full force and effect until further order of this Court. (SEE ORDER FOR SPECIFICS). Signed by District Judge Raymond A. Jackson & filed on 4/7/15. (ptom, ) (Entered: 04/07/2015)
Telephone Conference before District Judge Raymond A. Jackson held on 4/7/2015. Attorneys Michael Mueller appeared on behalf of the plaintiff. Attorney Thomas Carnes appeared on behalf of the defendants. Attorney Eric Heyer present on behalf of the receiver. Receiver Keith Northern, present. Robert B. Smith, IV, proposed substitute receiver and Jeffrey H. Gray, proposed counsel for the substitute receiver, present. Matter came on for Telephone Conference re: #91 Motion to Appoint Substitute Receiver by the plaintiff. Comments of Court. Court conducted inquiry of Robert Smith, proposed substitute receiver. Court GRANTS #91 Motion to Appoint Substitute Receiver. Court to issue as order. (Court Reporter Janet Collins, OCR.)(ptom, ) (Main Document 95 replaced and entry Modified on 4/8/2015 to correct appearance by counsel(ptom, ). (Entered: 04/07/2015)
RESPONSE to Motion re 91 MOTION to Appoint Receiver Motion of Chesapeake Bank, Plaintiff Herein, to Appoint Substitute Receiver filed by Deborah D. Berger, Stuart D. Berger, The Law Offices of Stuart Berger, PLLC. (Carnes, Thomas) (Entered: 04/06/2015)
RESPONSE to Motion re 91 MOTION to Appoint Receiver Motion of Chesapeake Bank, Plaintiff Herein, to Appoint Substitute Receiver filed by Deborah D. Berger, Stuart D. Berger, The Law Offices of Stuart Berger, PLLC. (Carnes, Thomas) (Entered: 04/06/2015)
MOTION to Expedite Hearing on Motion of Chesapeake Bank, Plaintiff Herein, to Appoint Substitute Receiver by Chesapeake Bank. (Epps, Augustus) (Entered: 04/03/2015)
Memorandum in Support re 89 MOTION to Alter Judgment and/or for Relief from Judgment filed by Deborah D. Berger, Stuart D. Berger, The Law Offices of Stuart Berger, PLLC. (Carnes, Thomas) (Entered: 03/30/2015)
MOTION to Alter Judgment and/or for Relief from Judgment by Deborah D. Berger, Stuart D. Berger, The Law Offices of Stuart Berger, PLLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Carnes, Thomas) (Entered: 03/30/2015)
CLERK'S JUDGMENT on decision of the Court, Defendants are ORDERED TO PAY $55,800 in contempt penalties for their failure to comply with the Court's Order from October 30, 2014, until March 3, 2014. Signed by the Deputy Clerk on 3/4/2015; dated and filed on 3/15/2015. (rsim, ) (Entered: 03/05/2015)
ORDER that the Court now FINDS Defendants in compliance with the civil contempt Order. Defendants are ORDERED TO PAY $55,800 in contempt penalties for their failure to comply with the Court's Order from October 30, 2014, until March 3, 2014. Signed by District Judge Raymond A. Jackson and filed on 3/4/2015. (rsim, ) (Entered: 03/05/2015)
ORDER granting 82 Motion to Stay as to the listed Defendants noted in the Order. Litigation shall continue regarding Dr. Stuart D. Berger, Mrs. Deborah D. Berger, and The Law Offices of Stuart Berger PLLC. Signed by District Judge Raymond A. Jackson on 2/25/15. (afar) (Entered: 02/25/2015)
RESPONSE to Motion re 82 MOTION to Stay and Memorandum in Support filed by Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, S & D Unlimited of Texas, LLC, S & D Unlimited, LLC, The Law Offices of Stuart Berger, PLLC, The Unlimited Group, INC.. (Carnes, Thomas) (Entered: 02/25/2015)
NOTICE by Keith M. Northern OF DESIGNATION OF KEITH M. NORTHERN AS AUTHORIZED REPRESENTATIVE OF DEBTORS (Attachments: # 1 Exhibit A (Bankruptcy Court Order))(Heyer, Eric) (Entered: 02/05/2015)
TRANSCRIPT of Emergency Motion (Telephonic) proceedings held on 1/28/15, before Judge Raymond A. Jackson, Court Reporter/Transcriber Janet Collins, Telephone number 757-222-7072. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/27/2015. Redacted Transcript Deadline set for 3/30/2015. Release of Transcript Restriction set for 4/28/2015.(collins, janet) (Entered: 01/28/2015)
Telephone Conference before District Judge Raymond A. Jackson held on 1/28/2015. Attorneys Braxton Hill and Michael Mueller appeared on behalf of the plaintiff. Attorney Thomas Carnes appeared on behalf of the defendants. Attorneys Eric Heyer, Garrett Nail, Curtis Tuggle, and John Allending present on behalf of the receiver. Receiver Keith Northern, present. Matter came on for Telephone Conference re: #73 Emergency Motion to Clarify or, in the Alternative, to Modify Order Appointing Receiver by the receiver. Comments of Court. Argument of counsel heard. Court will amend the order and grant the relief requested by the receiver. Court to issue an order. (Court Reporter Janet Collins, OCR.)(ptom, ) (Entered: 01/28/2015)
ORDER APPROVING EMERGENCY MOTION TO CLARIFY OR, IN THE ALTERNATIVE, MODIFY ORDER APPOINTING RECEIVER re: 73 Emergency MOTION To Clarify or, in the Alternative, to Modify Order Appointing Receiver. ORDERED that the parties are authorized and directed to perform in accordance with the terms of this Order, and the Court shall retain jurisdiction over any and all disputes arising under or otherwise relating to the Order's terms. IT IS SO ORDERED.. Signed by District Judge Raymond A. Jackson and filed on 1/28/15. Copies distributed to all parties 1/28/15. (ldab, ) (Entered: 01/28/2015)
Notice of Hearing Date for Telephonic Hearing set for January 28, 2015 at 1:30 PM re 73 Emergency MOTION To Clarify or, in the Alternative, to Modify Order Appointing Receiver (on an Emergency Basis) re 70 Order on Motion for Miscellaneous Relief,,,,, 49 Order,,, (Heyer, Eric) (Entered: 01/28/2015)
NOTICE by Keith M. Northern re 73 Emergency MOTION To Clarify or, in the Alternative, to Modify Order Appointing Receiver (on an Emergency Basis) re 70 Order on Motion for Miscellaneous Relief,,,,, 49 Order,,, OF REVISED PROPOSED FORM OF ORDER (Heyer, Eric) (Entered: 01/27/2015)
NOTICE by Keith M. Northern re 73 Emergency MOTION To Clarify or, in the Alternative, to Modify Order Appointing Receiver (on an Emergency Basis) re 70 Order on Motion for Miscellaneous Relief,,,,, 49 Order,,, OF PROPOSED ORDER (Heyer, Eric) (Entered: 01/26/2015)
Emergency MOTION To Clarify or, in the Alternative, to Modify Order Appointing Receiver (on an Emergency Basis) re 70 Order on Motion for Miscellaneous Relief,,,,, 49 Order,,, by Keith M. Northern. (Heyer, Eric) (Entered: 01/26/2015)
TRANSCRIPT of Motion Hearing proceedings held on 12/18/14, Court Reporter/Transcriber Janet Collins, Telephone number 757-222-7072. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/17/2015. Redacted Transcript Deadline set for 3/17/2015. Release of Transcript Restriction set for 4/15/2015.(collins, janet) (Main Document 71 replaced on 1/23/2015) (ptom, ). (Entered: 01/15/2015)
AMENDED ORDER re: 55 Emergency Motion. It is further ORDERED that except by leave of this Court, during the pendency of the Receivership ordered herein, all other customers, investors and creditors of the Receivership Defendants, Stuart D. Berger and Deborah D. Berger, seeking to establish or enforce any claim, right, or interest against the Receivership Defendants and all others acting for or on behalf of such persons and entities including attorneys, trustees, agents, sheriffs, constables, marshals, and other officers and their deputies, and their respective attorneys, servants, agents, and employees ARE HEREBY STAYED AND RESTRAINED from commencing, prosecuting, continuing, or enforcing any creditor actions against Defendants. It is further ORDERED that Receiver Mr. Northern shall provide the Court and parties a report of any action he has taken to discharge the duties of the appointment every NINETY (90) DAYS, until the Receivership is terminated. The Court has received the First Interim Report of Receiver Keith M. Northern, filed December 1, 2014 and docketed as ECF No. 54. He shall submit the next report to the Court no later than March 1, 2015. Signed by District Judge Raymond A. Jackson and filed on 12/23/14. Copies distributed to all parties 12/24/14. (ldab, ) (Entered: 12/24/2014)
Motion Hearing before District Judge Raymond A. Jackson held on 12/18/2014 re 55 Emergency MOTION re 49 Order,,, Chesapeake Bank's Emergency Motion to Clarify or, in The Alternative, Modify Order Appointing Receiver filed by Chesapeake Bank. Attorneys Braxton Hill and Michael Mueller appeared on behalf of the plaintiff. Corporate Representative Kevin Wood present. Attorney Thomas Carnes appeared on behalf of the defendants. Defendant Stuart D. Berger present. Attorneys Eric Heyer and Garrett Nail present on behalf of the receiver. Comments of Court. Argument of counsel heard.Court will amend the order and grant the relief requested by the plaintiff and the receiver. Court to issue an order. (Court Reporter Janet Collins, OCR.)(ptom, ) (Entered: 12/18/2014)
TRANSCRIPT of proceedings held on October 14, 2014, before Judge Raymond Jackson, Court Reporter/Transcriber Tami Tichenor, Telephone number 757 222-7078. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 1/16/2015. Redacted Transcript Deadline set for 2/17/2015. Release of Transcript Restriction set for 3/17/2015.(tichenor, tamora) (Entered: 12/17/2014)
ORDER granting 61 Motion for Pro hac vice for Garrett Alan Nail as to Keith M. Northern. Signed by District Judge Raymond A. Jackson on 12/15/14. (tlev, ) (Entered: 12/16/2014)
Reply to 55 Emergency MOTION re 49 Order,,, Chesapeake Bank's Emergency Motion to Clarify or, in The Alternative, Modify Order Appointing Receiver, 59 Memorandum in Opposition, Chesapake Bank's Reply Memorandum in Support of Its Emergency Motion to Clarify or, in the Alternative, Modify Order Appointing Receiver filed by Chesapeake Bank. (Hill, Rowland) (Entered: 12/15/2014)
ORDER denying 62 Motion for Leave to Excuse Appearance of Local Counsel. Local counsel may may be helpful to the Court and parties in facilitating the resolution of the issues in this case. Signed by District Judge Raymond A. Jackson on December 15, 2014. (Entered: 12/15/2014)
MOTION FOR LEAVE TO EXCUSE APPEARANCE OF LOCAL COUNSEL AT HEARING ON EMERGENCY MOTION by Keith M. Northern. (Attachments: # 1 Proposed Order)(Heyer, Eric) (Entered: 12/14/2014)
Motion to appear Pro Hac Vice by Garrett Nail and Certification of Local Counsel Eric Heyer Filing fee $ 75, receipt number 0422-4232985. by Keith M. Northern. (Attachments: # 1 Appendix Personal Statement, # 2 Proposed Order)(Heyer, Eric) (Entered: 12/14/2014)
NOTICE by Keith M. Northern re 55 Emergency MOTION re 49 Order,,, Chesapeake Bank's Emergency Motion to Clarify or, in The Alternative, Modify Order Appointing Receiver OF JOINDER OF RECEIVER TO EMERGENCY MOTION (Heyer, Eric) (Entered: 12/12/2014)
Memorandum in Opposition re 55 Emergency MOTION re 49 Order,,, Chesapeake Bank's Emergency Motion to Clarify or, in The Alternative, Modify Order Appointing Receiver filed by Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, S & D Unlimited of Texas, LLC, S & D Unlimited, LLC, The Unlimited Group, INC.. (Carnes, Thomas) (Entered: 12/10/2014)
CERTIFICATE of Service : Amended Certificate of Service re 56 Memorandum in Support, 55 Emergency MOTION re 49 Order,,, Chesapeake Bank's Emergency Motion to Clarify or, in The Alternative, Modify Order Appointing Receiver by Rowland Braxton Hill, IV on behalf of Chesapeake Bank (Hill, Rowland) (Entered: 12/04/2014)
Memorandum in Support re 55 Emergency MOTION re 49 Order,,, Chesapeake Bank's Emergency Motion to Clarify or, in The Alternative, Modify Order Appointing Receiver filed by Chesapeake Bank. (Hill, Rowland) (Entered: 12/03/2014)
Emergency MOTION re 49 Order,,, Chesapeake Bank's Emergency Motion to Clarify or, in The Alternative, Modify Order Appointing Receiver by Chesapeake Bank. (Hill, Rowland) (Entered: 12/03/2014)
NOTICE by Keith M. Northern OF FIRST INTERIM REPORT OF RECEIVER KEITH M. NORTHERN (Attachments: # 1 First Interim Report of Receiver, # 2 Exhibit A (Interim Agreement with Defendants), # 3 Exhibit B (Form of Notice to Financial Institutions), # 4 Exhibit C (Form of Notice to Tenants), # 5 Exhibit D-1 (Redacted Rent Roll for Companies Pledged Property), # 6 Exhibit D-2 (Redacted Rent Roll for Individuals Pledged Property), # 7 Exhibit D-3 (Redacted Rent Roll for Companies Judgment Lien Property), # 8 Exhibit D-4 (Redacted Rent Roll for Individuals Judgment Lien Property), # 9 Exhibit D-5 (Redacted Rent Roll Chart by Units), # 10 Exhibit D-6 (Redacted Rent Roll Chart by Dollars), # 11 Exhibit E (Notices from Creditors), # 12 Exhibit F (Budget), # 13 Certificate of Service)(Heyer, Eric) (Entered: 12/01/2014)
ORDER granting 51 Motion for Pro hac vice for Curtis Lee Tuggle as to Keith M. Northern. Signed by District Judge Raymond A. Jackson on 11/13/14. (tlev, ) (Entered: 11/14/2014)
Motion to appear Pro Hac Vice by Curtis Tuggle and Certification of Local Counsel Eric N. Heyer Filing fee $ 75, receipt number 0422-4187726. by Keith M. Northern. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Heyer, Eric) (Entered: 11/10/2014)
ORDER re 48 MEMORANDUM OPINION & ORDER. Pursuant to the Court's Memorandum Opinion and Order of October 30, 2014, the Court hereby APPOINTS, pursuant to 28 U.S.C. § 754 and Fed. R. Civ. P. 66, Mr. Keith M. Northern of Qorval, Inc. as Receiver, with the full power of an equity receiver, for the purpose of preventing further irreparable harm to Plaintiffs collateral. Mr. Northern shall provide the Court and parties a report of any action he has taken to discharge the duties of the appointment within THIRTY (30) DAYS of this Order. The Court retains jurisdiction over this case until all Receivership funds have been disbursed, and may issue any orders necessary to enforce this Order and to effectuate its terms. IT IS SO ORDERED. Signed by District Judge Raymond A. Jackson on 10/30/14. Copies distributed to counsel and parties of record 10/30/14.(ldab, ) (Entered: 10/30/2014)
MEMORANDUM OPINION & ORDER re: 36 Emergency MOTION for Order to Show Cause and, MOTION to Appoint Receiver by Chesapeake Bank. The Court FINDS Defendant sin civil contempt and ORDERS Defendants to pay a fine in the amount of $450 PER DAY from the date of this Order until all individuals added to Defendants' payrolls after the Court's July 14, 2014 Order, related to Defendant Berger, or who are insiders of Defendants are removed from Defendants' payrolls and all other requirements of the Court's Order are met. The fine shall be payable to the Court. The Plaintiff shall notify the Court when Defendants comply with this Order. The Court further ORDERS the immediate appointment of a receiver to maintain the status quo and ensure that the Court's decree is followed. A receiver will be appointed in a separate Order by the Court. IT IS SO ORDERED. Signed by District Judge Raymond A. Jackson and filed on 10/30/14. Copies distributed to counsel and parties of record 10/30/14.(ldab, ) (Entered: 10/30/2014)
ORDER Denying 19 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Raymond A. Jackson on 10/15/14 (Nunc pro tunc 7/18/14). (ldab, ) (Entered: 10/15/2014)
Motion Hearing before District Judge Raymond A. Jackson held on 10/14/2014 re 36 Emergency MOTION for Order to Show Cause and MOTION to Appoint Receiver filed by Chesapeake Bank. Attorneys Braxton Hill and Michael Mueller appeared on behalf of the plaintiff. Corporate Representatives John OShaughnessy and Kevin Wood present. Attorney Thomas Carnes appeared on behalf of the defendants. Defendant Stuart Berger present. Argument of counsel heard. Defendant presented evidence. Witness sworn and testified. Exhibit admitted. Court FINDS the defendant in civil contempt and ORDERS the appointment of a receiver. Court to issue an order. Court adjourned.(Court Reporter Tami Tichenor, OCR.)(ptom, ) (Entered: 10/14/2014)
CERTIFICATE of Service of Affidavit of Antoinette Heilman re Notice of Correction, 44 Affidavit, by Harrison Mann Gates on behalf of Chesapeake Bank (Gates, Harrison) (Entered: 10/14/2014)
AFFIDAVIT re 36 Emergency MOTION for Order to Show Cause and MOTION to Appoint Receiver by Chesapeake Bank. (Attachments: # 1 Exhibit TUG Financial Records, # 2 Exhibit TUG Financial Records, # 3 Exhibit TUG Financial Records)(Gates, Harrison) (Entered: 10/13/2014)
Rebuttal Brief re 36 Emergency MOTION for Order to Show Cause and MOTION to Appoint Receiver Rebuttal Memorandum in Support of Chesapeake Bank's Emergency Motion for Order to Show Cause and for The Immediate Appointment of Receiver filed by Chesapeake Bank. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hill, Rowland) (Entered: 10/13/2014)
Memorandum in Support re 41 MOTION take judicial notice filed by Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, S & D Unlimited of Texas, LLC, S & D Unlimited, LLC, The Law Offices of Stuart Berger, PLLC, The Unlimited Group, INC.. (Carnes, Thomas) (Entered: 10/13/2014)
Memorandum in Opposition re 36 Emergency MOTION for Order to Show Cause and MOTION to Appoint Receiver filed by Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, S & D Unlimited of Texas, LLC, S & D Unlimited, LLC, The Law Offices of Stuart Berger, PLLC, The Unlimited Group, INC.. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit)(Carnes, Thomas) (Entered: 10/09/2014)
Memorandum in Opposition re 36 Emergency MOTION for Order to Show Cause and MOTION to Appoint Receiver filed by S & D Unlimited of Texas, LLC, The Law Offices of Stuart Berger, PLLC, The Unlimited Group, INC.. (Carnes, Thomas) (Entered: 10/09/2014)
ORDER re: 36 Motion for Order to Show Cause; taking under advisement & Motion to Appoint Receiver. It is hereby ORDERED that Defendants appear before this Court on October 14, 2014, at 11:30 a.m. in Norfolk Courtroom 4, to show cause, if any there be, why (1) Defendants should not be held in contempt for violating the Preliminary Injunction of July 14,2014; and (2) the Court should not immediately appoint a receiver. IT IS SO ORDERED. Signed by District Judge Raymond A. Jackson and filed on 9/29/14. Copies distributed to all parties 9/29/14. (ldab, ) (Entered: 09/29/2014)
Memorandum in Support re 36 Emergency MOTION for Order to Show Cause and MOTION to Appoint Receiver filed by Chesapeake Bank. (Attachments: # 1 Affidavit Susan Campbell, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Hill, Rowland) (Entered: 09/25/2014)
Request for Hearing by Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, S & D Unlimited of Texas, LLC, S & D Unlimited, LLC, The Law Offices of Stuart Berger, PLLC, The Unlimited Group, INC. re 19 MOTION to Dismiss for Lack of Jurisdiction , 21 MOTION to Dismiss for Failure to State a Claim (Carnes, Thomas) (Entered: 08/07/2014)
Rebuttal Brief re 21 MOTION to Dismiss for Failure to State a Claim filed by Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, Chesapeake Bank, S & D Unlimited of Texas, LLC, S & D Unlimited, LLC, The Law Offices of Stuart Berger, PLLC, The Unlimited Group, INC.. (Carnes, Thomas) (Entered: 07/17/2014)
Rebuttal Brief re 19 MOTION to Dismiss for Lack of Jurisdiction filed by S & D Unlimited of Texas, LLC, The Law Offices of Stuart Berger, PLLC, The Unlimited Group, INC.. (Carnes, Thomas) (Entered: 07/17/2014)
Memorandum in Opposition re 21 MOTION to Dismiss for Failure to State a Claim filed by Chesapeake Bank. (Attachments: # 1 Exhibit 1)(Hill, Rowland) (Entered: 07/14/2014)
PRELIMINARY INJUNCTION re: 2 MOTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND APPOINTMENT OF RECEIVER by Chesapeake Bank. CONCLUSION: Upon consideration of the Motion, the accompanying Memorandum, the Banks' evidence presented and argument submitted, the Defendants having specially appeared and without waiving their defenses herein if any, to preserve the status quo until this case is resolved on the merits it is hereby ORDERED: 1. That the Motion for a Preliminary Injunction with respect to Stuart D. Berger and Deborah D. Berger, Berger Properties of Ohio, LLC, Berger Properties of Florida, LLC, Berger Properties of Texas, LLC, Berger Properties of Maryland, LLC, S & D Unlimited of Texas, LLC, S & D Unlimited, LLC, and The Unlimited Group, Inc. is GRANTED, and that the Defendants are enjoined from transferring, selling, and liquidating any assets, including any rents and proceeds from any real estate owned by the Defendants. 2. That notwithstanding the foregoing, Defendants may pay certain expenses that arise in the ordinary course of business, including valid, arms-length prior perfected mortgages, real estate taxes, utilities and the like, as well as payroll for existing employees of The Unlimited Group, Inc., and any associated withholding taxes for those employees, provided they are existing employees as of today's date and not family members of the Bergers or insiders of the Defendants. 3. That in order to preserve the status quo, all Defendants are hereby ENJOINED from paying out or transferring any funds or property to any person or entity other than as explicitly permitted by this Order. 4. That the amount of the security required by Federal Rule of Civil Procedure 65(c) shall be $50,000. 5. That Defendants shall provide the Bank with a full and complete accounting of any and all expenses paid during the pendency of the prior TRO and the subsequent extension thereof within TEN (10) DAYS of the date of this Order. Moreover, Defendants shall provide the Bank with a like accounting every THIRTY (30) DAYS thereafter during the pendency of this Preliminary Injunction. Plaintiffs Motion for Appointment of Receiver is DEFERRED. The Court DIRECTS the Clerk to send a copy of this Order to the parties. IT IS SO ORDERED. Signed by District Judge Raymond A. Jackson and filed on 7/14/14. Copies distributed to all parties 7/14/14. (ldab, ) (Entered: 07/14/2014)
Motion Hearing before District Judge Raymond A. Jackson held on 7/11/2014 re 2 MOTION for Preliminary Injunction filed by Chesapeake Bank. Attorneys Braxton Hill and Michael Mueller appeared on behalf of the plaintiff. Corporate Representative John OShaughnessy present. Attorney Thomas Carnes appeared on behalf of the defendants. Argument of counsel heard. Exhibit admitted. Court takes matter under advisement and will issue an order. Court adjourned. (Court Reporter Janet Collins, OCR.) (ptom, ) (Entered: 07/11/2014)
AFFIDAVIT re 3 Memorandum in Support, of Keith M. Northern by Chesapeake Bank. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hill, Rowland) (Entered: 07/10/2014)
Brief in Support to 24 MOTION take judicial notice filed by Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, S & D Unlimited, LLC. (Carnes, Thomas) (Entered: 07/10/2014)
MOTION take judicial notice by Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, S & D Unlimited, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Carnes, Thomas) (Entered: 07/10/2014)
ORDER : On July 2, 2014, pursuant to the direction of District Judge Raymond A. Jackson, the undersigned met with the parties and counsel for purposes of discussing settlement. On that date the parties and their counsel exchanged confidential communication with the undersigned thereby necessitating reassignment of the case to another Magistrate Judge for further pretrial proceedings. Accordingly, the Clerk is directed to assign this case to another Magistrate Judge in this division for purposes of resolving nondispositive or pretrial matters ordinarily referred to magistrate judges in this Court. The undersigned shall remain available to the parties for further settlement discussions and conferences as necessary. IT IS SO ORDERED. Signed by Magistrate Judge Douglas E. Miller and filed on 7/3/14. Copies distributed to all counsel of record 7/3/14.(ldab, ) (Entered: 07/03/2014)
Settlement Conference Order directing all parties and their lead counsel to appear at a settlement conference scheduled in the United States District Court, 2400 West Avenue, 3rd Floor, Newport News, Virginia 23607, at 10:00 a.m. on July 2, 2014; directing each party to bring to the Settlement Conference a person with full and complete authority to settle the case; directing all parties to submit a brief memorandum of five pages or less directly to the the chambers of the undersigned Magistrate Judge (do not file in the clerk's office) by NOON July 1, 2014, as outlined in order. (See Order for Specifics) Entered and filed 6/27/2014. Signed by Magistrate Judge Douglas E. Miller on 6/27/2014. (bgra) (Entered: 06/27/2014)
SUMMONSES Returned Executed by Chesapeake Bank Deborah D. Berger served on 6/9/2014, Stuart D. Berger served on 6/9/2014, Berger Properties of Maryland, LLC served on 6/13/2014, Berger Properties of Ohio, LLC served on 6/9/2014, S & D Unlimited of Texas, LLC served on 6/9/2014, S & D Unlimited, LLC served on 6/9/2014, The Unlimited Group, INC. served on 6/16/2014, (ldab, ) (Entered: 06/25/2014)
ORDER EXTENDING TEMPORARY RESTRAINING ORDER RE: 15 Consent MOTION for Extension of Temporary Restraining Order. Signed by District Judge Raymond A. Jackson on 6/23/14 and filed 6/24/14. Copies distributed to all parties 6/24/14. (ldab, ) (Entered: 06/24/2014)
Consent MOTION for Extension of Temporary Restrining Order and Continue Hearing by Chesapeake Bank. (Attachments: # 1 Proposed Order Proposed Order Extending Temporary Restraining Order)(Hill, Rowland) (Entered: 06/23/2014)
ORDER granting in part 2 Motion for TRO. An appointment for a receiver is ORDERED. GRANTING the motion for a TRO with respect to Stuart and Deborah Berfer, Berger Properties of Ohio, LLC, Berger Properties of FL, LLC, Berger Properties of TX, LLC, Berger Properties of MD, LLC, & S&D Unlimited of TX, LLC, S&D Unlimited, LLC, and The Unlimited Group, Inc. Defendants are enjoined from transferring, selling and liquidating any assests, including any rents and proceeds from any real estate owned by the Defendants. All defendants are ENJOINED from paying out or transferring any funds or property to any person or entity other than as explicitly permitted by this Order. This order shall expire in 14 days from the date of its entry, unless before that time this Court, for good cause, extends it for a like period or the adverse party consents to a longer extension; and the amount of the security required is $50,000.00 A hearing is schedule in this matter for June 27, 2014 at 11:30 a.m. Signed by District Judge Raymond A. Jackson on 6/13/14. (afar) (Entered: 06/13/2014)
Motion Hearing before District Judge Raymond A. Jackson held on 6/12/2014 re 2 MOTION for Temporary Restraining Order filed by Chesapeake Bank. Attorneys Braxton Hill and Michael Mueller appeared on behalf of the plaintiff. Corporate Representative Kevin Wood present. Attorney Thomas Carnes appeared on behalf of the defendants. Comments of defense counsel and Court. Argument of plaintiff heard exhibits admitted. Counsel conferred and submitted an agreed Temporary Restraining Order. Court set a preliminary injunction hearing for Friday, June 27, 2014 at 11:30am in Norfolk. Court directed counsel, if necessary, to submit a motion requesting to extend the TRO and continuing the preliminary injunction hearing before 6/27/14. Court adjourned. Evidentiary Hearing set for 6/27/2014 at 11:30 AM in Norfolk Courtroom 4 before District Judge Raymond A. Jackson. (Court Reporter Janet Collins, OCR.)(ptom) (Entered: 06/12/2014)
Notice of Hearing Date re Motion to Take Judicial Notice that The Unlimited Group, Inc., a Maryland Corporation, is Not in Good Standing Pursuant to Rule 201 of The Federal Rules of Evidence re 9 MOTION for Judicial Notice (Epps, Augustus) (Entered: 06/10/2014)
Notice of Hearing Date set for June 12, 2014 at 10:00 a.m. re 2 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit Motion, # 2 Exhibit Memorandum)(Epps, Augustus) (Entered: 06/06/2014)
10 Summonses Issued as to Deborah D. Berger, Stuart D. Berger, Berger Properties of Florida, LLC, Berger Properties of Maryland, LLC, Berger Properties of Ohio, LLC, Berger Properties of Texas, LLC, S & D Unlimited of Texas, LLC, S & D Unlimited, LLC, The Law Offices of Stuart Berger, PLLC, The Unlimited Group, INC... Summons Package picked up and delivered to Counsel for Plaintiff 6/4/14. (Attachments: # 1 procedural information)(ldab, ) (Entered: 06/05/2014)
CHESAPEAKE BANK'S MEMORANDUM IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND APPOINTMENT OF RECEIVER re 2 MOTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND APPOINTMENT OF RECEIVER filed by Chesapeake Bank. (ldab, ) (Entered: 06/05/2014)
Update
Alerts
Jump