Docket as of August 26, 2001 11:59 am Web PACER (v2.3)



U.S. District Court

Northern District of Texas (Dallas)

CIVIL DOCKET FOR CASE #: 00-CV-2401

Quilling v. Conway, et al

Filed: 11/01/00
Assigned to: Judge Barbara M. G. Lynn
Referred to: Magistrate Judge Jeff Kaplan
Demand: $0,000
Nature of Suit: 850
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 28:754 Receiver of Property in Different Districts





MICHAEL J QUILLING, Receiver      Kenneth A Hill, Attorney at Law
for Howe Financial Trust, MVP     214/871-2111 FAX
Network, Inc. d/b/a MVP Trust     [COR LD NTC ret]
and Treds Financial Trust         Quilling Selander Cummiskey &
     plaintiff                    Lownds
                                  2001 Bryan Street
                                  Suite 1800
                                  Dallas, TX 75201
                                  USA
                                  214/871-2100
   v.
JAMES W CONWAY, an Individual     Gary D Elliston, Attorney at
     defendant                    Law
                                  214/210-2500 FAX
                                  [COR LD NTC ret]
                                  DeHay & Elliston
                                  901 Main Street
                                  Suite 3500
                                  Dallas, TX 75202-3736
                                  USA
                                  214/210-2400
JAMES W CONWAY, P S C, A          Gary D Elliston, Attorney at
Kentucky Professional Services    Law
Corporation                       (See above)
     defendant




DOCKET     PROCEEDINGS



DATE     #                   DOCKET     ENTRY


11/1/00 1 COMPLAINT filed; Filing Fee $ 150 Receipt # 132701 (15+) (lch) [Entry date 11/02/00]
11/1/00 2 SUMMONS(ES) issued for defendant James W Conway, defendant James W Conway (iss-2) (lch) [Entry date 11/02/00]
11/1/00 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (lch) [Entry date 11/02/00]
11/6/00 3 ORDER no later than 20 days after this order is filed, plaintiff must file an certificate of interested persons. ( signed by Judge Fitzwater) Copies to counsel: 11/7/00 Page(s) 1 (lch) [Entry date 11/07/00]
11/15/00 4 CERTIFICATE OF INTERESTED PERSONS by plaintiff Michael J Quilling (2) (lch) [Entry date 11/16/00]
11/20/00 5 ORDER REASSIGNING CASE to Judge Barbara M G. Lynn ( signed by Judge Fitzwater) Copies to counsel: 11/21/00 Page(s): 1 (lch) [Entry date 11/21/00]
11/27/00 6 STANDING ORDER OF REFERENCE & NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE, ORDER REFERRING CASE to Magistrate Judge Jeff Kaplan for pretrial management... ( signed by BMGL) Copies to counsel: 11/28/00 Page(s): 3 (djd) [Entry date 11/28/00]
12/4/00 7 First Interim Application/MOTION with memorandum in support by plaintiff Michael J Quilling to allow & pay (1) receiver's fees & expenses; and (2) attorneys' fees & expenses (9/exhibit not imaged) (djd) [Entry date 12/05/00]
12/5/00 8 ORDER setting hearing: Motion hearing set for 9:00 1/5/01 for [7-1] motion to allow & pay (1) receiver's fees & expenses; and (2) attorneys' fees & expenses ( signed by Magistrate Judge Kaplan) Copies to counsel: 12/6/00 Page(s): 2 (djd) [Entry date 12/06/00]
12/7/00 9 ORDER re: pending cases before Judge Lynn. If a Scheduling Order has been entered in your case prior to December 1, 2000, the amendments to Rule 26(a)(1) shall not be applicable and you shall not be required to make the disclosures required therein. ( signed by Judge Lynn) Copies to counsel: 12/7/00 Page(s) 2 (jas)
1/5/01 -- Motion hearing re: [7-1] motion to allow & pay (1) receiver's fees & expenses; and (2) attorneys' fees & expenses Motion hearing held (djd) [Entry date 01/08/01]
1/5/01 10 Minute order: Hearing Held on fee applications before Magistrate Judge Jeff Kaplan Court Reporter: electronic. Orders to follow. (djd) [Entry date 01/08/01]
1/5/01 11 ORDER granting [7-1] motion to allow & pay (1) receiver's fees & expenses; and (2) attorneys' fees & expenses...the fee application is approved & the Receiver is authorized to pay the law firm of Quilling, Selander, Cummiskey & Lownds, P.C. the sum of $770.00 in fees & $31.51 in expenses for services performed & costs incurred in this case from 9/1/00 through 11/30/00. ( signed by Magistrate Judge Kaplan) Copies to counsel: 1/8/01 Page(s) 2 (djd) [Entry date 01/08/01]
2/20/01 12 MOTION by defendant James W Conway, defendant James W Conway to dismiss pursuant to Fed. R. Civ. P. 12(B)(2) (4) (djd) [Entry date 02/21/01]
2/20/01 13 MEMORANDUM by defendant James W Conway, defendant James W Conway in support of [12-1] motion to dismiss pursuant to Fed. R. Civ. P. 12(B)(2) (15+/USC)(exhibits not imaged) (djd) [Entry date 02/21/01]
2/21/01 14 ORDER Response to motion reset to 3/23/01 for [12-1] motion to dismiss pursuant to Fed. R. Civ. P. 12(B)(2), Reply to Response to Motion reset to 4/9/01 for [12-1] motion to dismiss pursuant to Fed. R. Civ. P. 12(B)(2). The Court will rule on the motion without hearing oral argument after the parties submit their briefs. ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 2/22/01 Page(s) 2 (djd) [Entry date 02/22/01]
3/5/01 15 SECOND INTERIM APPLICATION with memorandum in support by plaintiff Michael J Quilling to allow and pay receiver's fees and expenses and attorneys' fees and expenses (11) (exhibits not imaged) (mlh) [Entry date 03/06/01]
3/7/01 16 ORDER...the Receiver is ordered to complete the following budget by 4/6/01...the Court will either approve or disapprove the projected attorney's fees, etc...see order for specifics ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 3/8/01 Page(s) 2 (jyg) [Entry date 03/08/01]
3/7/01 17 ORDER setting hearing: Motion hearing set for 10:00 4/12/01 for [15-1] motion to allow and pay receiver's fees and expenses and attorneys' fees and expenses Objs to fee appl must be filed by 4/6/01...see order for specifics ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 3/8/01 Page(s): 2 (jyg) [Entry date 03/08/01]
3/15/01 18 RECEIVER'S PROPOSED LITIGATION BUDGET/RESPONSE by plaintiff Michael J Quilling to [16-1] order. (3) (jaw) [Entry date 03/16/01]
3/21/01 19 UNOPPOSED MOTION by plaintiff Michael J Quilling to extend deadlines for response and reply to defendants' motion to dismiss. (3) (jaw) [Entry date 03/22/01]
3/22/01 20 ORDER granting [19-1] motion to extend deadlines for response and reply to defendants' motion to dismiss. Response to motion reset to 5/7/01 for [12-1] motion to dismiss pursuant to Fed. R. Civ. P. 12(B)(2), and reply to response to motion reset to 5/24/01 for [12-1] motion to dismiss pursuant to Fed. R. Civ. P. 12(B)(2). ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 03/23/01 Page(s) 1 (jaw) [Entry date 03/23/01]
4/12/01 21 Minute order: Hearing held on fee application before Magistrate Judge Jeff Kaplan. Court Reporter: electronic. (mlh)
4/16/01 22 ORDER...The parties are directed to submit a stipulation of dismissal and agreed order to the chambers of Magistrate Judge Kaplan by 5/11/01. ( Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 4.16.01 Page(s) 1 (mlh)
4/16/01 23 ORDER approving fee application. The receiver is authorized to pay the law firm of Quilling, Selander, Cummiskey & Lownds, P.C. the sum of $415.00 in fees and $282.22 in expenses for services performed and costs incurred in this case from December 1, 2000 through February 28, 2001. (Signed by Magistrate Judge Kaplan) Copies to counsel: 4.16.01 Page(s) 2 (mlh) [Edit date 04/18/01]
5/7/01 24 MOTION by plaintiff Michael J. Quilling to approve settlement agreement with defendants (6) (Exhibit not imaged.) (mlh) [Entry date 05/08/01]
5/14/01 25 ORDER APPROVING SETTLEMENT AGREEMENT WITH DEFENDANTS granting [24-1] motion to approve settlement agreement with defendants. It is ordered that the Settlement Agreement between the plaintiff and the defendants is hereby approved, and the plaintiff is authorized to take all actions necessary to consummate the transactions set forth in the Settlement Agreement, which finally concludes this matter. (Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 05/15/01 Page(s) 1 (jaw) [Entry date 05/15/01] [Edit date 05/16/01]
5/15/01 26 UNOPPOSED MOTION by plaintiff Michael J Quilling to dismiss case with prejudice (3) (mlh) [Entry date 05/16/01]
5/17/01 27 ORDER granting [26-1] Quilling's motion to dismiss case with prejudice. Case is dismissed with prejudice with all parties to bear their own fees, costs and expenses. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 5.18.01 Page(s) 1 (mlh) [Entry date 05/18/01]
5/17/01 -- Case closed (mlh) [Entry date 05/18/01]
6/4/01 28 FINAL APPLICATION/MOTION with memorandum in support by plaintiff Michael J. Quilling to allow and pay receiver's fees and expenses and for attorneys' fees and expenses (9) (Exhibit not imaged.) (mlh) [Entry date 06/05/01]
6/11/01 29 ORDER SETTING HEARING: Motion hearing set for 9:00 a.m. on 7/13/01 for [28-1] Receiver's application/motion to allow and pay Receiver's fees and expenses and for attorneys' fees and expenses. Written objections to the [28-1] application/motion must be filed by 7/2/01. The Receiver os ordered to post a copy of his application and this order on his website, SECRECEIVER.COM. See order for specifics. ( igned by Magistrate Judge Jeff Kaplan ) Copies to counsel: 06/12/01 Page(s): 2 (jaw) [Entry date 06/12/01] [Edit date 06/12/01]
7/13/01 -- Motion hearing held RE: [28-1] receiver's motion to allow and pay receiver's fees and expenses and for attorneys' fees and expenses (mlh) [Entry date 07/16/01]
7/13/01 30 Minute order: Motion hearing held before Magistrate Judge Jeff Kaplan. Court Reporter: electronic. (mlh) [Entry date 07/16/01]
7/16/01 31 ORDER granting [28-1] receiver's motion to allow and pay receiver's fees and expenses and for attorneys' fees and expenses. See order for specifics. (Signed by Magistrate Judge Jeff Kaplan ) Copies to counsel: 7.16.01 Page(s) 2 (mlh)



Case Flags:
MAG
CLOSED



END OF DOCKET: 3:00cv2401

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