Barclay, et al v. Phoenix Telecom, LLC, et al

Federal Civil Lawsuit Florida Middle District Court, Case No. 8:01-cv-00667
District Judge James D. Whittemore, presiding
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District Judge James D. Whittemore
Last Updated January 12, 2017 at 6:46 AM EST (8.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Alexander Losiewicz, Plaintiff
No Logo Cecelia Ginsburg, Plaintiff

Represented by Ausley & McMullen

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kenneth P. Abele +1 850 224 9115 +1 850 222 7560 kabele@ausley.com
No Logo Fred Mechanic, Plaintiff
No Logo Hazel Barclay, Plaintiff
No Logo Herbert H. Johnson, Plaintiff
No Logo Marilyn Olson, Plaintiff
No Logo Paul Pelland, Plaintiff
No Logo Robert Cameron, Plaintiff
No Logo Thomas Ayers, Plaintiff
No Logo Walter E. Wheeler, Plaintiff
No Logo William A. Clayton, Jr., Plaintiff
No Logo William Barclay, Plaintiff

Represented by Ausley & McMullen

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven P. Seymoe +1 850 224 9115
No Logo William D. Sterrett, Plaintiff
No Logo Yvonne Fintzel, Plaintiff
v.
No Logo David A. Nickerson, Defendant
No Logo David P. McKinnon, Defendant
No Logo Franklin Bank, N.A., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Douglas L. O'Keefe +1 305 374 5600

Represented by Hogan Lovells US LLP

No Logo Gilbert B. Swarts, Defendant
No Logo Gregory A. Major, Defendant
No Logo Integrated Communications Associates, Defendant
No Logo Jerold B. Clawson, Defendant
No Logo Jerry D. Beacham, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Dean Carlton +1 979 693 2076

Represented by Carlton Fields, PA

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kevin Jon Napper +1 813 223 7000 +1 813 229 4133 knapper@carltonfields.com
No Logo John Lilja, Defendant

Pro Se

Name Phone Fax E-Mail
Space John Lilja
No Logo Liberty Benefits Co., Defendant
No Logo Liberty Marketing Plan, Inc., Defendant
No Logo Marilyn Beinke-Fargo, Defendant

Pro Se

Name Phone Fax E-Mail
Space Marilyn Beinke-Fargo
No Logo Maynard Weinberg, Defendant
No Logo McKinnon & Associates, Inc., Defendant
No Logo Phoenix Telecom, LLC, Defendant
No Logo Reliance Trust Company, Defendant
Officially listed as "Reliance Trust Co."

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Caroline B. Keller +1 404 872 7000

Represented by Akerman LLP

Represented by Bajo Cuva, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED C. Lawrence Stagg +1 813 443 2199 +1 813 443 2193 lstagg@bajocuva.com

Represented by Womble Carlyle Sandridge & Rice, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED G. William Long +1 404 872 7000 +1 404 870 4835
No Logo Risdon & Co., Inc., Defendant
No Logo Robert Tripode, Defendant

Pro Se

Name Phone Fax E-Mail
Space Robert Tripode
No Logo Senior Education Center of America, Inc., Defendant
No Logo Steven Smith, Defendant
No Logo Suncoast Financial Services of Clearwater, Inc., Defendant
No Logo Tony Fargo, Defendant

Pro Se

Name Phone Fax E-Mail
Space Tony Fargo
No Logo Tri-Financial Group, Inc., Defendant

Represented by Harrisburg Civil Law Clinic

No Logo Tyskewicz & Associates, Defendant
Attributes
Citation Unknown
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
  Entries (90) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 90 Filed: 12/23/2002, Entered: None Court Filing
ORDER granting [89-1] notice of dismissal with prejudice ( Signed by Judge James D. Whittemore ) ctc (jlh) (Entered: 12/24/2002)
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Legal Document (Payment Possibly Required) 89 Filed: 12/17/2002, Entered: None, Terminated: 12/23/2002
NOTICE of voluntary dismissal with prejudice of their claims against Reliance by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson, Cecelia Ginsburg, Paul Pelland, Fred Mechanic, Alexander Losiewicz, Thomas Ayers, Yvonne Fintzel (jlh) (Entered: 12/18/2002)
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Legal Document (Payment Possibly Required) 88 Filed: 10/23/2002, Entered: None Court Filing
ORDER granting [82-1] motion to dismiss amended complaint for lack of subject matter jurisdiction, granting [82-2] motion to dismiss amended complaint for failure to state a claim. The Clerk is directed to close this case. ( Signed by Judge James D. Whittemore ) ctc (jlg) (Entered: 10/23/2002)
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Legal Document (Payment Possibly Required) 87 Filed: 10/7/2002, Entered: None
NOTICE of adverse authority by Hazel Barclay, Walter E. Wheeler (jlh) (Entered: 10/08/2002)
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Legal Document (Payment Possibly Required) 86 Filed: 7/1/2002, Entered: None Court Filing
ORDER granting [83-1] renewed motion for leave to drop class allegations, granting [83-2] renewed motion to notice under Rule 23(e). (Signed by Judge James D. Whittemore), ctc (ag) (Entered: 07/02/2002)
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Legal Document (Payment Possibly Required) 85 Filed: 6/24/2002, Entered: None
RESPONSE by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson, Cecelia Ginsburg, Paul Pelland, Fred Mechanic, Alexander Losiewicz, Thomas Ayers, Yvonne Fintzel to [82-1] motion to dismiss amended complaint for lack of subject matter jurisdiction, [82-2] motion to dismiss amended complaint for failure to state a claim (plj) (Entered: 06/25/2002)
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Legal Document (Payment Possibly Required) 84 Filed: 6/24/2002, Entered: None
RESPONSE by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson, Cecelia Ginsburg, Paul Pelland, Fred Mechanic, Alexander Losiewicz, Thomas Ayers, Yvonne Fintzel to [82-1] motion to dismiss amended complaint for lack of subject matter jurisdiction, [82-2] motion to dismiss amended complaint for failure to state a claim (plj) (Entered: 06/25/2002)
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Legal Document (Payment Possibly Required) 83 Filed: 6/14/2002, Entered: None, Terminated: 7/1/2002
RENEWED MOTION by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson, Cecelia Ginsburg, Paul Pelland, Fred Mechanic, Alexander Losiewicz, Thomas Ayers, Yvonne Fintzel (renewed) for leave to drop class allegations and (renewed) to waive notice under Rule 23(e) (plj) Modified on 06/17/2002 (Entered: 06/17/2002)
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Legal Document (Payment Possibly Required) 82 Filed: 6/3/2002, Entered: None, Terminated: 10/23/2002
MOTION by Jerry D. Beacham, Jerold B. Clawson, McKinnon & Assoc. with memorandum in support to dismiss amended complaint for lack of subject matter jurisdiction , to dismiss amended complaint for failure to state a claim (plj) (Entered: 06/04/2002)
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Legal Document (Payment Possibly Required) 81 Filed: 5/30/2002, Entered: None Court Filing
ORDER denying without prejudice [77-1] motion for leave to drop class allegations and waive notice under Rule 23(e), granting [78-1] motion for extension of time to 5/13/02 to file amended complaint (Signed by Judge James D. Whittemore) ctc (plj) (Entered: 05/30/2002)
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Legal Document (Payment Possibly Required) 80 Filed: 5/24/2002, Entered: None
NOTICE by Jerry D. Beacham, Jerold B. Clawson, David P. McKinnon of unavailability of counsel from 7/1/02 to 7/19/02 (plj) (Entered: 05/28/2002)
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Legal Document (Payment Possibly Required) 79 Filed: 5/14/2002, Entered: None
AMENDED COMPLAINT by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson amending [1-1] complaint (Answer due 6/3/02 for David P. McKinnon, for Robert Tripode, for Tyskewicz & Assoc., for Maynard Weinberg, for Integrated Comm., for Marilyn Beinke-Fargo, for Tony Fargo, for Senior Education, for Franklin Bank, N.A., for Gregory A. Major, for Risdon & Co., Inc., for John Lilja, for Liberty Benefits Co., for Liberty Marketing, for David A. Nickerson, for Tri-Financial Group, for Gilbert B. Swarts, for Steven Smith, for Suncoast Financial, for Jerold B. Clawson, for Jerry D. Beacham, for Phoenix Telecom, LLC ) adding Cecelia Ginsburg, Paul Pelland, Fred Mechanic, Alexander Losiewicz, Thomas Ayers, Yvonne Fintzel (plj) (Entered: 05/15/2002)
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Legal Document (Payment Possibly Required) 78 Filed: 5/8/2002, Entered: None
MOTION by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson for extension of time to 5/13/02 to file amended complaint (plj) (Entered: 05/08/2002)
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Legal Document (Payment Possibly Required) 77 Filed: 5/6/2002, Entered: None, Terminated: 5/30/2002
MOTION by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson for leave to drop class allegations and waive notice under Rule 23(e) (plj) (Entered: 05/07/2002)
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Legal Document (Payment Possibly Required) 76 Filed: 4/30/2002, Entered: None Court Filing
ORDER granting [74-1] unoppose consent motion for 20 day extension of time to file amended complaint, reset amended complaint deadline at 5/6/02 for Marilyn Olson, for Herbert H. Johnson, for Robert Cameron, for William D. Sterrett, for Walter E. Wheeler, for Hazel Barclay, for William Barclay (Signed by Judge James D. Whittemore) ctc (plj) (Entered: 04/30/2002)
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Legal Document (Payment Possibly Required) 75 Filed: 4/19/2002, Entered: None
OBJECTION by Jerry D. Beacham, Jerold B. Clawson, David P. McKinnon to [74-1] unopposed consent motion for 20 day extension of time to file amended complaint (plj) (Entered: 04/19/2002)
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Legal Document (Payment Possibly Required) 74 Filed: 4/19/2002, Entered: None, Terminated: 4/30/2002
UNOPPOSED MOTION by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson (unopposed) for 20 day extension of time to file amended complaint (plj) (Entered: 04/19/2002)
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Legal Document (Payment Possibly Required) 73 Filed: 3/28/2002, Entered: None Court Filing
ORDER denying [28-1] motion to dismiss complaint for lack of subject matter jurisdiction, granting [28-2] motion to dismiss the complaint for failure to state a claim upon which relief can be granted, granting [44-1] motion to dismiss purported class action claims, granting [35-1] motion to dismiss purported class action lawsuit, granting [21-1] motion to dismiss purported class action claims in their entirety, granting [17-1] motion to dismiss complaint for failure to state a claim upon which relief can be granted, reset amended complaint deadline at 4/17/02 for Marilyn Olson, for Herbert H. Johnson, for Robert Cameron, for William D. Sterrett, for Walter E. Wheeler, for Hazel Barclay, for William Barclay ( Signed by Judge James D. Whittemore ) ctc (plj) (Entered: 03/29/2002)
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Legal Document (Payment Possibly Required) 72 Filed: 3/28/2002, Entered: None Court Filing
ORDER granting [27-1] motion to dismiss the complaint for lack of subject matter jurisdiction, granting [27-2] motion to dismiss the complaint for failure to state a claim upon which relief can be granted, reset amended complaint deadline at 4/17/02 for Marilyn Olson, for Herbert H. Johnson, for Robert Cameron, for William D. Sterrett, for Walter E. Wheeler, for Hazel Barclay, for William Barclay (Signed by Judge James D. Whittemore) ctc (plj) (Entered: 03/29/2002)
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Legal Document (Payment Possibly Required) 71 Filed: 3/13/2002, Entered: None Court Filing
ORDER granting [60-1] motion for scheduling clarification; all discovery and other proceedings are stayed during the pendency of any motions to dismiss (Signed by Judge James D. Whittemore) ctc (plj) (Entered: 03/14/2002)
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Legal Document (Payment Possibly Required) 70 Filed: 3/13/2002, Entered: None Court Filing
ORDER denying as moot [45-1] motion to dismiss Plaintiffs' complaint, denying [45-2] motion for sanctions ( Signed by Judge James D. Whittemore ) ctc (jlg) (Entered: 03/13/2002)
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Legal Document (Payment Possibly Required) 69 Filed: 2/11/2002, Entered: None
NOTICE of unavailability from 3/2/02 through 3/9/02 by counsel for Reliance Trust Co. (plj) (Entered: 02/12/2002)
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Legal Document (Payment Possibly Required) 68 Filed: 12/5/2001, Entered: None
RETURN of service executed as to Jerry D. Beacham on 9/3/01; Answer due on 9/24/01 for Jerry D. Beacham (plk) (Entered: 12/06/2001)
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Legal Document (Payment Possibly Required) 67 Filed: 12/5/2001, Entered: None
NOTICE of filing verified return of service by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson (plk) (Entered: 12/06/2001)
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Legal Document (Payment Possibly Required) 66 Filed: 11/28/2001, Entered: None
RESPONSE by Jerry D. Beacham, Jerold B. Clawson, David P. McKinnon to [64-1] notice of supplemental authority (plk) (Entered: 11/29/2001)
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Legal Document (Payment Possibly Required) 65 Filed: 11/21/2001, Entered: None
NOTICE by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson of unavailability of counsel from 12/22/01 to 1/2/02. (eec) (Entered: 11/23/2001)
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Legal Document (Payment Possibly Required) 64 Filed: 11/5/2001, Entered: None
NOTICE of supplemental authority by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson to support the response to the motion to dismiss by Reliance Trust (plk) (Entered: 11/06/2001)
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Legal Document (Payment Possibly Required) 63 Filed: 11/1/2001, Entered: None
CLERK'S ENTRY OF DEFAULT as to Phoenix Telecom, LLC terminating [61-1] motion for entry of clerk's default as to Phoenix Telecom, LLC ctc (rjc) (Entered: 11/01/2001)
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Legal Document (Payment Possibly Required) 62 Filed: 10/31/2001, Entered: None
RETURN of service executed as to Phoenix Telecom, LLC on 4/13/01 (rjc) (Entered: 11/01/2001)
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Legal Document (Payment Possibly Required) 61 Filed: 10/17/2001, Entered: None
MOTION by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson for entry of clerk's default as to Phoenix Telecom, LLC (mrh) (Entered: 10/17/2001)
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Legal Document (Payment Possibly Required) 60 Filed: 10/5/2001, Entered: None, Terminated: 3/13/2002
MOTION by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, Robert Cameron, Herbert H. Johnson, Marilyn Olson (request) for scheduling clarification (jnb) (Entered: 10/09/2001)
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Legal Document (Payment Possibly Required) 59 Filed: 8/20/2001, Entered: None Court Filing
ORDER granting [49-1] William Clayton, Jr.'s motion to voluntarily dismiss his claims and himself from this action. Plaintiff, William Clayton, Jr., is dismissed as a Plaintiff in this action in accordance with Rule 41(b), Federal Rules of Civil Procedure. ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 08/20/2001)
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Legal Document (Payment Possibly Required) 58 Filed: 8/9/2001, Entered: None Court Filing
ORDER that all discovery is stayed pending resolution of any and all outstanding motions to dismiss. The parties shall meet and file a case management report within 30 days of the expiration of such stay. This case shall remain designated as a Track 2 case until a class action is certified by the Court (Signed by Judge James D. Whittemore) ctc (rm) (Entered: 08/10/2001)
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Legal Document (Payment Possibly Required) 57 Filed: 8/6/2001, Entered: None
NOTICE of case management conference held on 06/05/01 by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson, Marilyn Olson, Jerry D. Beacham, Jerold B. Clawson, Reliance Trust Co. and David P. McKinnon. (sak) (Entered: 08/07/2001)
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Legal Document (Payment Possibly Required) 56 Filed: 7/31/2001, Entered: None
RESPONSE by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson to Jerry D. Beacham's and Jerold B. Clawson's [28-1] motion to dismiss complaint for lack of subject matter jurisdiction and [28-2] motion to dismiss the complaint for failure to state a claim upon which relief can be granted. (sak) (Entered: 08/01/2001)
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Legal Document (Payment Possibly Required) 55 Filed: 7/31/2001, Entered: None
RESPONSE by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson to Jerry D. Beacham's, Jerold B. Clawson's and David P. McKinnon's [45-1] renewed motion to dismiss Plaintiffs' complaint and [45-2] renewed motion for sanctions. (sak) (Entered: 08/01/2001)
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Legal Document (Payment Possibly Required) 54 Filed: 7/31/2001, Entered: None
RESPONSE by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson to Tri-Financial Group's and David A. Nickerson's [44-1] motion to dismiss purported class action claims. (sak) (Entered: 08/01/2001)
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Legal Document (Payment Possibly Required) 53 Filed: 7/31/2001, Entered: None
RESPONSE by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson to Reliance Trust Company's [17-1] motion to dismiss complaint for failure to state a claim upon which relief can be granted. (sak) (Entered: 08/01/2001)
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Legal Document (Payment Possibly Required) 52 Filed: 7/31/2001, Entered: None
RESPONSE by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson to David P. McKinnon's and McKinnon and Associates' [27-1] motion to dismiss the complaint for lack of subject matter jurisdiction and [27-2] motion to dismiss the complaint for failure to state a claim upon which relief can be granted. (sak) (Entered: 08/01/2001)
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Legal Document (Payment Possibly Required) 51 Filed: 7/31/2001, Entered: None Court Filing
ORDER granting [46-1] unopposed motion to extend time by 5 business days to file a response to Jerry D. Beacham's and Jerold B. Clawson's motion to dismiss, granting [46-2] unopposed motion to extend time by 5 business days to file a response to Jerry D. Beacham's, Jerold B. Clawson's and David P. McKinnon's renewed motion to dismiss and motion for sanctions, granting [46-3] unopposed motion to extend time by 5 business days to file a response to Tri-Financial Group's and David A. Nickerson's motion to dismiss, granting [46-4] unopposed motion to extend time by 5 business days to file a response to Reliance Trust's motion to dismiss and granting [46-5] unopposed motion to extend time by 5 business days to file a response to David P. McKinnon's and Mckinnon and Associates' motion to dismiss. The Clerk is directed to file the responses attached to the motion. ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 08/01/2001)
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Legal Document (Payment Possibly Required) 50 Filed: 7/30/2001, Entered: None
RESPONSE by Jerry D. Beacham, Jerold B. Clawson and David P. McKinnon to [46-1] unopposed motion to extend time by 5 business days to file a response to Jerry D. Beacham's and Jerold B. Clawson's motion to dismiss, [46-2] unopposed motion to extend time by 5 business days to file a response to Jerry D. Beacham's, Jerold B. Clawson's and David P. McKinnon's renewed motion to dismiss and motion for sanctions, [46-3] unopposed motion to extend time by 5 business days to file a response to Tri-Financial Group's and David A. Nickerson's motion to dismiss, [46-4] unopposed motion to extend time by 5 business days to file a response to Reliance Trust's motion to dismiss and [46-5] unopposed motion to extend time by 5 business days to file a response to David P. McKinnon's and Mckinnon and Associates' motion to dismiss. (sak) (Entered: 07/31/2001)
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Legal Document (Payment Possibly Required) 49 Filed: 7/26/2001, Entered: None, Terminated: 8/20/2001
MOTION by William A. Clayton Jr. to voluntarily dismiss his claims and himself from this action . (sak) (Entered: 07/27/2001)
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Legal Document (Payment Possibly Required) 48 Filed: 7/26/2001, Entered: None
NOTICE of voluntary dismissal without prejudice as to Defendant, Franklin Bank, N.A., by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson. (sak) (Entered: 07/27/2001)
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Legal Document (Payment Possibly Required) 47 Filed: 7/26/2001, Entered: None
NOTICE of voluntary dismissal without prejudice as to Defendant, Risdon & Co., by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson. (sak) (Entered: 07/27/2001)
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Legal Document (Payment Possibly Required) 46 Filed: 7/26/2001, Entered: None, Terminated: 7/31/2001
UNOPPOSED MOTION by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson (unopposed) to extend time by 5 business days to file a response to Jerry D. Beacham's and Jerold B. Clawson's motion to dismiss , (unopposed) to extend time by 5 business days to file a response to Jerry D. Beacham's, Jerold B. Clawson's and David P. McKinnon's renewed motion to dismiss and motion for sanctions , (unopposed) to extend time by 5 business days to file a response to Tri-Financial Group's and David A. Nickerson's motion to dismiss , (unopposed) to extend time by 5 business days to file a response to Reliance Trust's motion to dismiss , and (unopposed) to extend time by 5 business days to file a response to David P. McKinnon's and Mckinnon and Associates' motion to dismiss . (5 proposed, signed responses attached.)(sak) Modified on 07/27/2001 (Entered: 07/27/2001)
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Legal Document (Payment Possibly Required) 45 Filed: 7/25/2001, Entered: None, Terminated: 3/13/2002
RENEWED MOTION by Jerry D. Beacham, Jerold B. Clawson and David P. McKinnon with memorandum in support (renewed) to dismiss Plaintiffs' complaint and (renewed) for sanctions . (sak) (Entered: 07/26/2001)
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Legal Document (Payment Possibly Required) 44 Filed: 6/14/2001, Entered: None
MOTION by Tri-Financial Group and David A. Nickerson with memorandum in support to dismiss purported class action claims . (sak) (Entered: 06/15/2001)
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Legal Document (Payment Possibly Required) 43 Filed: 6/13/2001, Entered: None
ANSWER to [1-1] complaint by John Lilja. (sak) (Entered: 06/13/2001)
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Legal Document (Payment Possibly Required) 42 Filed: 6/6/2001, Entered: None Court Filing
ORDER granting in part, denying in part [33-1] emergency motion to stay proceedings by 120 days, except to perfect service. This case is stayed for a period of 30 days from this order. All responsive pleadings shall be served and filed with the Court within 45 days of this order. The case management report shall be served and filed within 60 days of this order. ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 06/07/2001)
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Legal Document (Payment Possibly Required) 41 Filed: 5/31/2001, Entered: None
RESPONSE by Jerry D. Beacham, Jerold B. Clawson and David P. McKinnon in opposition to [33-1] emergency motion to stay proceedings by 120 days, except to perfect service (sak) (Entered: 06/04/2001)
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Legal Document (Payment Possibly Required) 40 Filed: 5/31/2001, Entered: None
MOTION by Jerold B. Clawson, Jerry D. Beacham and David P. McKinnon for Dean Carlton to appear pro hac vice with Kevin J. Napper designated as local counsel. (sak) (Entered: 06/04/2001)
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Legal Document (Payment Possibly Required) 39 Filed: 5/31/2001, Entered: None
NOTICE of filing appearance of non-resident attorney and designation of local counsel by Jerold B. Clawson, Jerry D. Beacham and David P. McKinnon. (sak) (Entered: 06/04/2001)
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Legal Document (Payment Possibly Required) 38 Filed: 5/31/2001, Entered: None Court Filing
ORDER granting [30-1] motion to extend time through 06/13/01 to answer or otherwise plead to the complaint, reset answer due for 6/13/01 for David A. Nickerson, for Tri-Financial Group ( Signed by Judge James D. Whittemore ) ctc (jlh) (Entered: 05/31/2001)
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Legal Document (Payment Possibly Required) 37 Filed: 5/31/2001, Entered: None Court Filing
ORDER denying [31-1] motion for G. William Long, III to appear pro hac vice ( Signed by Judge James D. Whittemore ) ctc (jlh) (Entered: 05/31/2001)
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Legal Document (Payment Possibly Required) 36 Filed: 5/31/2001, Entered: None Court Filing
ORDER denying [32-1] motion for Caroline B. Keller to appear pro hac vice ( Signed by Judge James D. Whittemore ) ctc (jlh) (Entered: 05/31/2001)
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Legal Document (Payment Possibly Required) 35 Filed: 5/29/2001, Entered: None
MOTION by Risdon & Co., Inc. with memorandum in support to dismiss purported class action lawsuit . (sak) (Entered: 05/30/2001)
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Legal Document (Payment Possibly Required) 34 Filed: 5/29/2001, Entered: None Court Filing
ORDER directing the Clerk to strike and return to submitting party for non-compliance with Federal Rule 11 and Local Rule 1.05(d): [26-1] answer by John P. Lilja. ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 05/30/2001)
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Legal Document (Payment Possibly Required) 33 Filed: 5/29/2001, Entered: None, Terminated: 6/6/2001
EMERGENCY MOTION by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson with memorandum in support (emergency) to stay proceedings by 120 days, except to perfect service . (sak) (Entered: 05/29/2001)
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Legal Document (Payment Possibly Required) 32 Filed: 5/25/2001, Entered: None, Terminated: 5/31/2001
MOTION by Reliance Trust Co. for Caroline B. Keller to appear pro hac vice and designation of local counsel, Lawrence C. Stagg and Margaret D. Mathews, pursuant to Local Rule 2.02. (sak) (Entered: 05/29/2001)
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Legal Document (Payment Possibly Required) 31 Filed: 5/25/2001, Entered: None, Terminated: 5/31/2001
MOTION by Reliance Trust Co. for G. William Long, III to appear pro hac vice and designation of local counsel, Lawrence C. Stagg and Margaret D. Mathews pursuant to Local Rule 2.02. (sak) (Entered: 05/29/2001)
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Legal Document (Payment Possibly Required) 30 Filed: 5/25/2001, Entered: None, Terminated: 5/31/2001
MOTION by Tri-Financial Group and David A. Nickerson with memorandum in support to extend time through 06/13/01 to answer or otherwise plead to the complaint . (sak) (Entered: 05/29/2001)
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Legal Document (Payment Possibly Required) 29 Filed: 5/24/2001, Entered: None
AFFIDAVIT of by Jerold B. Clawson Re: [28-1] motion to dismiss complaint for lack of subject matter jurisdiction and [28-2] motion to dismiss the complaint for failure to state a claim upon which relief can be granted. (sak) (Entered: 05/25/2001)
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Legal Document (Payment Possibly Required) 28 Filed: 5/24/2001, Entered: None, Terminated: 3/28/2002
MOTION by Jerry D. Beacham and Jerold B. Clawson with memorandum in support to dismiss complaint for lack of subject matter jurisdiction and to dismiss the complaint for failure to state a claim upon which relief can be granted . (sak) (Entered: 05/25/2001)
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Legal Document (Payment Possibly Required) 27 Filed: 5/24/2001, Entered: None, Terminated: 3/28/2002
MOTION by David P. McKinnon with memorandum in support to dismiss the complaint for lack of subject matter jurisdiction and to dismiss the complaint for failure to state a claim upon which relief can be granted . (sak) (Entered: 05/25/2001)
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Legal Document (Payment Possibly Required) 26 Filed: 5/23/2001, Entered: None
ANSWER to [1-1] complaint by John Lilja (unsigned). (sak) (Entered: 05/24/2001)
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Legal Document (Payment Possibly Required) 25 Filed: 5/21/2001, Entered: None
RETURN of service executed as to Marilyn Beinke-Fargo on 4/13/01. Answer due on 5/3/01. Answer filed on 05/04/01. (sak) (Entered: 05/22/2001)
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Legal Document (Payment Possibly Required) 24 Filed: 5/21/2001, Entered: None
RETURN of service executed as to Tony Fargo on 4/13/01. Answer due on 5/3/01. Answer filed on 05/04/01. (sak) (Entered: 05/22/2001)
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Legal Document (Payment Possibly Required) 23 Filed: 5/21/2001, Entered: None
NOTICE of filing original affidavits of Tony Fargo and Marilyn Beinke-Fargo to replace facsimile returns of service that were stricken by the Court on 04/24/01 by William Barclay, Hazel Barclay, Walter E. Wheeler, William D. Sterrett, William A. Clayton Jr., Robert Cameron, Herbert H. Johnson and Marilyn Olson. (sak) (Entered: 05/22/2001)
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Legal Document (Payment Possibly Required) 22 Filed: 5/18/2001, Entered: None
MEMORANDUM by Franklin Bank, N.A. in support of [21-1] motion to dismiss purported class action claims in their entirety. (sak) (Entered: 05/21/2001)
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Legal Document (Payment Possibly Required) 21 Filed: 5/18/2001, Entered: None
MOTION by Franklin Bank, N.A. to dismiss purported class action claims in their entirety . (sak) (Entered: 05/21/2001)
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Legal Document (Payment Possibly Required) 20 Filed: 5/15/2001, Entered: None Court Filing
ORDER granting [13-1] motion to extend time through 05/27/01 to answer or otherwise plead to complaint, resetting answer due for 5/27/01 for Risdon & Co., Inc. . ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 05/16/2001)
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Legal Document (Payment Possibly Required) 19 Filed: 5/15/2001, Entered: None Court Filing
ORDER directing the Clerk to strike and return to submitting party for failure to comply with Local Rule 1.05(d) and Federal Rule 11: [16-1] answer of Robert Tripode. ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 05/16/2001)
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Legal Document (Payment Possibly Required) 18 Filed: 5/11/2001, Entered: None
MEMORANDUM by Reliance Trust Co. in support of [17-1] motion to dismiss complaint for failure to state a claim upon which relief can be granted. (sak) (Entered: 05/14/2001)
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Legal Document (Payment Possibly Required) 17 Filed: 5/11/2001, Entered: None
MOTION by Reliance Trust Co. to dismiss complaint for failure to state a claim upon which relief can be granted . (sak) (Entered: 05/14/2001)
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Legal Document (Payment Possibly Required) 16 Filed: 5/9/2001, Entered: None
ANSWER to [1-1] complaint by Robert Tripode (unsigned). (PLEADING STRICKEN AND RETURNED TO SUBMITTING PARTY PURSUANT TO [19-1] COURT'S ORDER DATED 05/15/01.) (sak) Modified on 05/16/2001 (Entered: 05/10/2001)
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Legal Document (Payment Possibly Required) 15 Filed: 5/8/2001, Entered: None Court Filing
ORDER granting [9-1] unopposed motion to extend time through 05/11/01 to answer or otherwise plead to complaint, resetting answer due for 5/11/01 for Reliance Trust Co. . Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 05/09/2001)
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Legal Document (Payment Possibly Required) 14 Filed: 5/8/2001, Entered: None Court Filing
ORDER granting [10-1] unopposed motion to extend time to answer or otherwise plead, resetting answer due for 5/17/01 for Franklin Bank, N.A. . ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 05/09/2001)
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Legal Document (Payment Possibly Required) 13 Filed: 5/7/2001, Entered: None, Terminated: 5/15/2001
MOTION by Risdon & Co., Inc. with memorandum in support to extend time through 05/27/01 to answer or otherwise plead to complaint . (sak) (Entered: 05/08/2001)
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Legal Document (Payment Possibly Required) 12 Filed: 5/4/2001, Entered: None
ANSWER to [1-1] complaint by Marilyn Beinke-Fargo. (sak) (Entered: 05/07/2001)
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Legal Document (Payment Possibly Required) 11 Filed: 5/4/2001, Entered: None
ANSWER to [1-1] complaint by Tony Fargo. (sak) (Entered: 05/07/2001)
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Legal Document (Payment Possibly Required) 10 Filed: 5/4/2001, Entered: None, Terminated: 5/8/2001
UNOPPOSED MOTION by Franklin Bank, N.A. with memorandum in support (unopposed) to extend time to answer or otherwise plead (jlh) (Entered: 05/04/2001)
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Legal Document (Payment Possibly Required) 9 Filed: 5/2/2001, Entered: None, Terminated: 5/8/2001
UNOPPOSED MOTION by Reliance Trust Co. with memorandum in support (unopposed) to extend time through 05/11/01 to answer or otherwise plead to complaint . (sak) (Entered: 05/03/2001)
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Legal Document (Payment Possibly Required) 8 Filed: 4/26/2001, Entered: None Court Filing
ORDER directing the Clerk to strike and return to submitting party for failure to comply with Local Rule 1.05(d) and Federal Rule 11: [5-1] answer of Tony Fargo and [6-1] answer of Marilyn Beinke-Fargo. ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 04/27/2001)
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Legal Document (Payment Possibly Required) 7 Filed: 4/26/2001, Entered: None Court Filing
ORDER directing the Clerk to strike and return to submitting counsel for failure to comply with Local Rule 1.05(d) and Federal Rule 11: [3-1] return of service as to Tony Fargo and [4-1] return of service as to Marilyn Beinke-Fargo. ( Signed by Judge James D. Whittemore ) ctc (sak) (Entered: 04/27/2001)
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Legal Document (Payment Possibly Required) 6 Filed: 4/23/2001, Entered: None
ANSWER to [1-1] complaint by Marilyn Beinke-Fargo (unsigned). (PLEADING STRICKEN AND RETURNED TO SUBMITTING PARTY PURSUANT TO [8-1] COURT'S ORDER DATED 04/26/01.) (sak) Modified on 04/27/2001 (Entered: 04/24/2001)
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Legal Document (Payment Possibly Required) 5 Filed: 4/23/2001, Entered: None
ANSWER to [1-1] complaint by Tony Fargo (unsigned). (PLEADING STRICKEN AND RETURNED TO SUBMITTING PARTY PURSUANT TO [8-1] COURT'S ORDER DATED 04/26/01.) (sak) Modified on 04/27/2001 (Entered: 04/24/2001)
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Legal Document (Payment Possibly Required) 4 Filed: 4/23/2001, Entered: None
Copy of RETURN of service executed as to Marilyn Beinke-Fargo on 4/13/01. Answer due on 5/3/01 for Marilyn Beinke-Fargo. (PLEADING STRICKEN AND RETURNED TO SUBMITTING COUNSEL PURSUANT TO [7-1] COURT'S ORDER DATED 04/26/01.) (sak) Modified on 04/27/2001 (Entered: 04/24/2001)
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Legal Document (Payment Possibly Required) 3 Filed: 4/23/2001, Entered: None
Copy of RETURN of service executed as to Tony Fargo on 4/13/01. Answer due on 5/3/01 for Tony Fargo. (PLEADING STRICKEN AND RETURNED TO SUBMITTING COUNSEL PURSUANT TO [7-1] COURT'S ORDER DATED 04/26/01.) (sak) Modified on 04/27/2001 (Entered: 04/24/2001)
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Legal Document (Payment Possibly Required) 2 Filed: 4/9/2001, Entered: None
NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jlh) (Entered: 04/09/2001)
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Blank 1 Filed: 3/30/2001, Entered: None
CLASS ACTION COMPLAINT filed; Filing fee $ 150.00 Receipt # T009481 (plk) (Entered: 04/02/2001)
LREF

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