Funding Resource Group, Inc.
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Lawsuits

Civil Action No. 3:99-CV-2699-M
Michael J. Quilling, Receiver for Howe Financial Trust, MVP Network, Inc. d/b/a MVP Trust, and TREDS Financial Trust v. James W. Conway, and individual and, James W. Conway, P.S.C., a Kentucky Professional Services Corporation
CONWAY I

Civil Action No. 3:00-CV-2401-M
Michael J. Quilling, Receiver for Howe Financial Trust, MVP Network, Inc. d/b/a MVP Trust, and TREDS Financial Trust v. James W. Conway, and individual and, James W. Conway, P.S.C., a Kentucky Professional Services Corporation
CONWAY II

General Information/ Current Status:
LAST
UPDATE:
JUNE 11, 2001

CONWAY I

This is a lawsuit filed by the Receiver for legal malpractice against the lawyer who acted as escrow agent for investors who sent funds to Howe Financial Trust. These funds were then forwarded to Hammersmith Trust. The Defendants contested jurisdiction by the Court in Dallas. After briefs were submitted to the Court, the Magistrate Judge found that there was no jurisdiction and recommended to the District Court that the case be dismissed. The Receiver filed Objections to the Recommendation. On September 14, 2000, the District Court entered its Order Adopting and Modifying the Findings and Recommendations of the Magistrate Judge and entered its Judgment. The Receiver refiled the lawsuit (see Conway II) after having taken action to cure the jurisdictional defects.

CONWAY II

As indicated above, this is a refiling of the lawsuit against Conway. The lawsuit can be viewed below. After the lawsuit was filed, Conway filed a Motion to Dismiss. Thereafter, the parties entered into settlement discussions as a result of which the case has been settled, On May 14, 2001, the Court issued an Order approving a $25,000.00 settlement and on May 17, 2001, the case was dismissed with prejudice.
Docket Sheet:
CONWAY I
LAST
UPDATE:
AUGUST 31, 2001
CONWAY II
LAST
UPDATE:
AUGUST 31, 2001
  • View the actual docket sheet for this case;
  • Definition and sample of a docket sheet;
  • Contact information for the court and judge presiding over this case; and,
  • A link to PACER [access to the court via Internet]
Important Documents:
LAST
UPDATE:
JULY 29, 2001

Important documents, including relevant pleadings and orders.
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CONWAY I

Item #
Date
Filed/ Sent
or Signed
Document
1
11.29.99
 Complaint
2
12.16.99
 Order Granting Motion to Transfer
3
1.31.00
 Defendants James W. Coney and James W. Coney, P.S.C.'s Motions to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim upon which Relief Can Be Granted
4
3.6.00
 Receiver's Response to James W. Conway and James W. Conway, P.S.C.'s Motion to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim upon which Relief Can Be Granted
5
4.24.00
 First Amended Complaint
6
6.26.00
 Order Requiring Attorney Conference and Joint Status Report
7
6.26.00
 Order [to consolidate]
8
6.26.00
 Standing Order on All Non-Dispositive Motions
9
6.27.00
 Order [for Receiver to prepare litigation budget]
10
7.10.00
 Findings and Recommendation of the United States Magistrate Judge
11
 Joint Status Report and Proposed Scheduling Plan Subject to Judge Kaplan's Recommended Dismissal of Defendants James Conway and James Conway, P.S.C.
12
7.20.00
 Plaintiff's Objections to Findings and Recommendation of the United States Magistrate and Brief in Support with Exhibit A and Exhibit B
13
7.25.00
 Receiver's Proposed Litigation Budget
14
7.31.00
 Defendant's Response to Plaintiff's Objections to Findings and Recommendation of the United States Magistrate and Brief in Support
15
9.5.00
 Receiver's First Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support
16
9.6.00
 Order Setting Hearing [regarding the Receiver's First Fee Application]
17
9.13.00
 Order Adopting and Modifying the Findings and Recommendations of the United States Magistrate Judge
18
9.13.00
 Judgment [granting Defendant's Motion to Dismiss]
19
10.6.00
 Order [granting the Receiver's First Fee Application]
20
12.4.00
 Receiver's Second Interim and Final Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support
21
12.5.00
 Order Setting Hearing [regarding the Receiver's Second Fee Application]
22
1.8.00
 Order [regarding the Receiver's Second Fee Application]

CONWAY II

Item #
Date
Filed/ Sent
or Signed
Document
1
11.1.00
 Complaint
2
12.4.00
 First Interim Fee Application
3
12.5.00
 Order Setting Hearing [regarding the Receiver's First Fee Application]
4
1.5.01
 Order Approving the Receiver's First Fee Application
5
2.20.01
 Defendants James W. Conway and James W. Conway P.S.C.'s Motion to Dismiss Pursuant to Fed.R.Civ.P.12(B)(2)
6
3.5.01
 Receiver's Second Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support
7
3.7.01
 Order Setting Hearing [regarding the Receiver's 2nd Fee Application]
8
3.7.01
 Order [requiring the Receiver to prepare a litigation budget]
9
3.15.01
 Receiver's Proposed Litigation Budget
10
4.16.01
 Order [Approving the Receiver's Second Interim Fee Application]
11
5.14.01
 Order Approving Settlement Agreement with Defendants
12
6.4.01
 Receiver's[ Final Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support
13
7.16.01
 Order [regarding the Receiver's Fee Application]