Entry of Dismissal issued as MANDATE of USCA as to 06-15508-D, [28] Notice of Appeal, filed by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson, that pursuant to Joint Stipulation of Parties and Fed.R.App.P. 42 and 11th Cir.R. 42-1(a), the above-reference appeal was duly entered dismissed this 29th day of March 29, 2007. FOR THE COURT - BY DIRECTION (ydw, )
USCA Case Number 06-15508-D for [28] Notice of Appeal, filed by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson. (ydw, )
RECEIVED TRANSCRIPT REQUEST 05-16714-I, 79 Notice of 05-16714-I, 79 Notice of Appeal by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson, with following notation: "No hearing" (ydw, )
USCA Appeal Fees received $ 455 receipt number 111778 re [28] Notice of Appeal, filed by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson (ydw, )
NOTICE OF APPEAL as to [26] Memorandum Opinion and Order by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson (Weidner, Deanna) Modified on 10/12/2006, to reflect that Attorney Deanna Weidner is appealing [27] Order dismissing the case (ydw, ).
ORDER DISMISSING CASE, 1) Granting [11] MOTION to Remand filed by Ben F. Beard, and this cause is hereby remanded to the CC of Pike Co., AL; 2)The Clerk is directed to take all steps necessary to effectuate this remand; 3) All other pending motions are left for disposition by the CC of Pike Co., AL . Signed by Judge W. Harold Albritton III on 9/15/06. (Attachments: # (1) appeals checklist)(vma, )(cert copy/CC Pike Co)
REPLY BRIEF re [20] BRIEF/MEMORANDUM in Opposition,, [17] BRIEF/MEMORANDUM in Opposition, In Support of Motion to Remand filed by Ben F. Beard. (Attachments: # (1) Exhibit 1 and 2)(Martin, James)
ORDER granting [23] Motion for Leave to File Reply Brief in Support of Plaintiff's Motion to Remand. Signed by Judge W. Harold Albritton III on 8/29/2006. (cc, )
AFFIDAVIT in Opposition re [11] MOTION to Remand filed by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson. (Weidner, Deanna)
AFFIDAVIT in Opposition re [11] MOTION to Remand filed by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson. (Weidner, Deanna)
BRIEF/MEMORANDUM in Opposition to Plaintiff's [11] Motion to Remand filed by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson. (Weidner, Deanna) Modified on 8/25/2006 to create a kink with [11] Motion to Remand (cc, ).
AMENDED DOCUMENT by Peter R. Kern, Oak Asset Management, LLC, Midland Loan Services, Inc., Lehman Brothers Holdings, Inc.. Amendment to [18] Affidavit, Exhibit F continued. (Jones, Michael)
AFFIDAVIT re [17] BRIEF/MEMORANDUM in Opposition to Plaintiff's Motion to Remand by Peter R. Kern, Oak Asset Management, LLC, Midland Loan Services, Inc., Lehman Brothers Holdings, Inc.. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7) # (8))(Jones, Michael)
BRIEF/MEMORANDUM in Opposition to Plaintiff's [11] Motion to Remand filed by Peter R. Kern, Oak Asset Management, LLC, Midland Loan Services, Inc., Lehman Brothers Holdings, Inc.. (Jones, Michael) Modified on 8/25/2006 to create a kink with [11] Motion to Remand (cc, ).
ORDER that plaintiff's Motion to Stay or Extend Deadline to Respond to Motion to Transfer Venue and Motion to Transfer/Reassign Case is extended from August 16, 2006, to a date to be set by later of the court, if such an order is appropriate; that Show Cause Response is due by 8/24/2006 for defendants as to why [11] MOTION to Remand should not be granted; setting Motion Submission Deadline for 8/24/2006 for said motion to remand. Signed by Judge W. Harold Albritton III on 8/15/2006. (cc, )
MOTION to Stay re [5] Order to Show Cause Motion to Stay or Extend Deadline to Respond to Motion to Transfer Venue and Motion to Transfer/Reassign Case by Ben F. Beard. (Ball, Charles)
BRIEF/MEMORANDUM in Support re [11] MOTION to Remand Memorandum of Law in Support of Motion to Remand filed by Ben F. Beard. (Attachments: # (1) Exhibit A - Notice of Removal filed July 21, 2006# (2) Exhibit B - Notice of Correction filed August 8, 2006# (3) Exhibit C - Notice of Removal filed August 8, 2006)(Ball, Charles)
NOTICE of Correction: [1] Notice of Removal was modified on 8/8/2006 to attach a pdf document with proper signatures (Attachments: # (1) Corrected Document)(cc, )
STIPULATION as to Response to Complaint by Peter R. Kern, Oak Asset Management, LLC, Midland Loan Services, Inc., Lehman Brothers Holdings, Inc.. (Jones, Michael)
ORDER TO SHOW CAUSE as to why [4] Motion to Change Venue and [3] Motion to Reassign Case should not be granted; Show Cause response due on or before 8/16/2006 by the non-moving party. Signed by Judge W. Harold Albritton III on 8/2/06. (djy, )
MOTION to Reassign Case Motion to Transfer or Reassign Case by Ben F. Beard. (Attachments: # (1) Exhibit Beard Complaint - CV-06-135 in Pike County, Alabama# (2) Exhibit Second Amended Complaint - Carroll case# (3) Exhibit Memorandum Opinion in Carroll case# (4) Exhibit Memorandum Opinion in Carroll case# (5) Exhibit Memorandum Opinion in Carroll case)(Ball, Charles)
NOTICE OF REMOVAL by all defendants from Circuit Court of Pike County, case number CV-06-135. ( Filing fee $ 350.00 receipt number 110954) (Attachments: # (1) Complaint)(cc, ) Additional attachment/Notice of Removal with proper signatures added on 8/8/2006 (cc, ).
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Filed: 7/21/2006, Entered: 7/25/2006
Terminated:
MOTION to Strike Jury Demand by Jolly Roger, LLC, Jolly Roger I, Inc., Capital Seven Recovery, LLC, Peter Fahey, Larry W. Carlson. See [2] Answer for pdf document for this entry. (cc, )
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Filed: 7/21/2006, Entered: 7/25/2006
Jury Demand
DEMAND for Trial by Jury by Ben Beard. See [1] Notice of Removal for pdf document for this entry. (cc, )
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Filed: 7/21/2006, Entered: 7/25/2006
Complaint
COMPLAINT against all defendants filed by Ben Beard. See [1] Notice of Removal for pdf document for this entry.(cc, )