PAPERLESS ORDER approving 52 Stipulation, filed by 6625 Lenox Park Boulevard Holdings, LLC, Wells Fargo Bank, N.A., CWFS-REDS LLC, Larry Golinsky, CWFS Insight LLC, Eightfold Lincoln Investors, LLC, Victor Gutierrez, CWCapital Asset Management LLC. Signed by Judge George Jarrod Hazel on 9/4/2018. (am2s, Chambers) (Entered: 09/04/2018)
STIPULATION Parties' Joint Stipulation to Request Enlargement of Time to Answer or Otherwise Respond by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Eightfold Lincoln Investors, LLC, Larry Golinsky, Victor Gutierrez, Wells Fargo Bank, N.A.(Mellott, Christopher) (Entered: 09/04/2018)
Standing Order Concerning Removal. Signed by Judge George Jarrod Hazel on 8/24/2018. (c/m to parties and counsel 08/24/2018 - jf3s, Deputy Clerk) (Entered: 08/24/2018)
Case transferred in from District of Tennessee Western; Case Number 2:18-cv-02059. Original file certified copy of transfer order and docket sheet received. (Entered: 08/24/2018)
ORDER Granting DE 7 Motion to Transfer Venue to USDC for District of Maryland and finding as moot all remaining motions signed by Judge John T. Fowlkes, Jr. on 8/20/18. (Fowlkes, John) (Entered: 08/20/2018)
MOTION to Dismiss by Larry Golinsky. (Attachments: # 1 Memorandum of Law in Support, # 2 Declaration of Larry Golinsky)(Tom, Robert) (Entered: 04/16/2018)
Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Scheduling Conference held on 3/23/2018. Both Parties present in Court. Parties updated the Court as to the status of the case. Court will deal with pending Motions & will not enter a scheduling order today. A future court date will be set should the Court determine a hearing date is needed. (Plaintiff: S. Joshua Kahane, Ryan M. Skertich)(Defense: Christopher R. Mellott, Robert F. Tom, Diane M. Comes, Robert L. Crawford - by phone) (Court Reporter Lynn Dudley.) (wrh) (Entered: 03/23/2018)
MOTION to Dismiss (Defendant Wells Fargo Bank's Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(4) and 12(b)(5) by Wells Fargo Bank, N.A.. (Attachments: # 1 Memorandum, # 2 Exhibit 1 - Notice of Filing of Notice of Removal, # 3 Exhibit 2 - Corrected Notice of Filing of Notice of Removal, # 4 Exhibit 3 - Summons on Wells Fargo Bank, N.A.)(Tom, Robert) (Entered: 03/21/2018)
RESPONSE to Motion re 37 MOTION to Dismiss Capmark Finance Inc. proposed order submitted (Certain Defendants' Response to Plaintiff's Motion to Dismiss Defendant Capmark Finance Inc.) filed by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Eightfold Lincoln Investors, LLC, Victor Gutierrez. (Tom, Robert) (Entered: 03/20/2018)
RESPONSE in Opposition re 36 MOTION to Extend Deadline to Submit Proposed Joint Scheduling Order proposed order submitted (Certain Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Extension of Time to Submit Proposed Joint Scheduling Order and Memorandum in Support Thereof) filed by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Eightfold Lincoln Investors, LLC, Victor Gutierrez. (Tom, Robert) (Entered: 03/19/2018)
RESPONSE in Opposition re 32 MOTION for Extension of Time to File Response/Reply to Defendants' Motions and Memorandum in Support Thereof (Eightfold Lincoln Investors, LLC's Joinder in Memorandum of Law in Opposition to Plaintiff's Motion for Extension of Time to Respond to Defendants' Motions and Memorandum in Support Thereof) filed by Eightfold Lincoln Investors, LLC. (Tom, Robert) (Entered: 03/14/2018)
RESPONSE in Opposition re 32 MOTION for Extension of Time to File Response/Reply to Defendants' Motions and Memorandum in Support Thereof (Removing Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion and Meorandum in Support) filed by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Victor Gutierrez. (Tom, Robert) (Entered: 03/14/2018)
MOTION for Extension of Time to File Response/Reply to Defendants' Motions and Memorandum in Support Thereof by Olymbec USA LLC. (Kahane, S) (Entered: 03/07/2018)
MOTION to Dismiss Pursuant to FRCP 12(b)(4) and 12(b)(5) by Lamar P. Fisher, Fisher Auction Co., Inc.. (Attachments: # 1 Memorandum in Support of Motion to Dismiss Pursuant to FRCP 12(b)(4) and 12(b)(5), # 2 Exhibit 1 to Memorandum in Support of Motion to Dismiss, # 3 Exhibit 2 to Memorandum in Support of Motion to Dismiss)(Crawford, Robert) (Entered: 03/06/2018)
NOTICE by Olymbec USA LLC re 13 MOTION to Withdraw the Federal RICO Claim and Remand Plaintiff's State Law Claims to Part II of Chancery Court of Shelby County, Tennessee proposed order submitted of Filing Proposed Third Amended Verified Complaint (Attachments: # 1 Exhibit Proposed Third Amended Verified Complaint)(Kahane, S) (Entered: 03/06/2018)
RESPONSE in Opposition re 15 MOTION to Stay All Filing Period and Deadlines proposed order submitted (Eightfold Lincoln Investors, LLC's Joinder in Memorandum in Opposition to Plaintiff's Motion to Stay all Filing Periods and Deadlines Pending the Adjudication of Plaintiff's Motion for Leave to Withdraw Federal Claim Under 18 U.S.C. 1961-1968, Objection to Notice of Removal and Motion to Remand with Supporting Memorandum) filed by Eightfold Lincoln Investors, LLC. (Tom, Robert) Updated which motion filing is in opposition to on 3/6/2018 (cbs). (Entered: 03/05/2018)
RESPONSE in Opposition re 13 MOTION to Withdraw the Federal RICO Claim and Remand Plaintiff's State Law Claims to Part II of Chancery Court of Shelby County, Tennessee proposed order submitted (Eightfold Lincoln Investors, LLC's Joinder in Memorandum in Opposition to Plaintiff's Motion for Leave to Withdraw Federal Claim Under 18 U.S.C. 1961-1968, Objection to Notice of Removal and Motion to Remand with Supporting Memorandum) filed by Eightfold Lincoln Investors, LLC. (Tom, Robert) (Entered: 03/05/2018)
RESPONSE in Opposition re 15 MOTION to Stay All Filing Period and Deadlines Pending the Adjudication of Plaintiff's Motion for Leave to Withdraw Federal Claim Under 18 U.S.C. Sections 1961-1968, Ojbection to Notice of Removal and Motion to Remand With Supporting Memoran (Removing Defendants' Memorandum in Opposition to Plaintiff's Motion to Stay all Filing Periods and Deadlines Pending the Adjudication of Plaintiff's Motion for Leave to Withdraw Federal Claim under 18 U.S.C 1961-1968, Objection to Notice of Removal and Motion to Remand with Supporting Memorandum) filed by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Victor Gutierrez. (Tom, Robert) (Entered: 03/05/2018)
RESPONSE in Opposition re 13 MOTION to Withdraw the Federal RICO Claim and Remand Plaintiff's State Law Claims to Part II of Chancery Court of Shelby County, Tennessee proposed order submitted (Removing Defendants' Memorandum in Opposition to Plaintiff's Motion for Leave to Withdraw Federal Claim Under 18 U.S.C 1961-1968, Objection to Notice of Removal and Motion to Remand with Supporting Memorandum) filed by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Victor Gutierrez. (Attachments: # 1 Exhibit A to Response in Opposition)(Tom, Robert) (Entered: 03/05/2018)
ORDER Granting DE 22 Motion to Dismiss Defendants PNC BANK and MIDLAND LOAN SERVICES, INC. signed by Judge John T. Fowlkes, Jr. on 2/27/18. (Fowlkes, J.) (Entered: 02/27/2018)
Joint MOTION to Dismiss Defendants PNC Bank National Association and Midland Loan Services, Inc. proposed order submitted by Olymbec USA LLC. (Kahane, S) (Entered: 02/27/2018)
SETTING LETTER: Scheduling Conference set for 3/23/2018 at 10:00 AM in Courtroom 3 - Memphis, before Judge John T. Fowlkes Jr. A JOINT proposed scheduling order in WORD format should be submitted at least 4 days prior to the scheduling conference to the ECF propdocs email address, ECF_Judge_Fowlkes@tnwd.uscourts.gov. Please follow Judge Fowlkes scheduling guidelines at https://connection.tnwd.circ6.dcn. Counsel should be prepared to set case deadlines and discuss case status and all pending motions at the conference. Following the scheduling conference, the approved order will be filed by the Case Manager.(pyb) (Entered: 02/22/2018)
Corporate Disclosure Statement by Eightfold Lincoln Investors, LLC identifying Corporate Parent Eightfold Real Estate Capital, L.P. for Eightfold Lincoln Investors, LLC.. (Tom, Robert) (Entered: 02/20/2018)
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Eightfold Lincoln Investors, LLC's Motion to Dismiss Second Amended Complaint by Eightfold Lincoln Investors, LLC. (Attachments: # 1 Memorandum, # 2 Exhibit A to Memorandum)(Tom, Robert) (Entered: 02/20/2018)
MOTION to Stay All Filing Period and Deadlines Pending the Adjudication of Plaintiff's Motion for Leave to Withdraw Federal Claim Under 18 U.S.C. Sections 1961-1968, Ojbection to Notice of Removal and Motion to Remand With Supporting Memorandum proposed order submitted by Olymbec USA LLC. (Skertich, Ryan) (Entered: 02/19/2018)
Notice of Correction to 13 MOTION to Withdraw the Federal RICO Claim and Remand Plaintiff's State Law Claims to Part II of Chancery Court of Shelby County, Tennessee proposed order submitted to correct signature of filer. (Skertich, Ryan) (Entered: 02/19/2018)
MOTION to Withdraw the Federal RICO Claim and Remand Plaintiff's State Law Claims to Part II of Chancery Court of Shelby County, Tennessee proposed order submitted by Olymbec USA LLC. (Entered: 02/19/2018)
MOTION for Extension of Time to File Answer (Midland Loan Services, Inc.'s Unopposed Motion and Supporting Memorandum for an Extension of Time within which to Answer or Otherwise Respond to Olymbec's Second Amended Complaint (proposed Order to be submitted)) by Midland Loan Services, Inc.. (Kisber, Zachary) (Entered: 02/14/2018)
MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number 0651-2725356) by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Victor Gutierrez. (Attachments: # 1 Certificates of Good Standing)(Mellott, Christopher) (Entered: 02/14/2018)
MOTION Request to transfer venue to the U.S. District Court for the District of Maryland (proposed Order to be submitted) by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Victor Gutierrez. (Attachments: # 1 Memorandum, # 2 Exhibit 5 to the Memorandum, # 3 Exhibit 6 to Memorandum, # 4 Exhibit 7 to Memorandum, # 5 Exhibit 8 to Memorandum, # 6 Exhibit 9 to Memorandum, # 7 Exhibit 10 to Memorandum)(Tom, Robert) (Entered: 02/12/2018)
MOTION to Dismiss (Moving Defendants' Motion to Dismiss Second Amended Complaint) by 6625 Lenox Park Boulevard Holdings, LLC, CWCapital Asset Management LLC, CWFS Insight LLC, CWFS-REDS LLC, Victor Gutierrez. (Attachments: # 1 Memorandum, # 2 Exhibit A to Memorandum, # 3 Exhibit B to Memorandum, # 4 Exhibit C to Memorandum, # 5 Exhibit D to Memorandum, # 6 Exhibit E to Memorandum, # 7 Exhibit F to Memorandum)(Tom, Robert) (Entered: 02/12/2018)
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) (Entered: 01/29/2018)
NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) (Entered: 01/29/2018)
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) (Entered: 01/29/2018)
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