| Docket as of January 15, 2001
5:54 pm |
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Web PACER (v2.3)
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U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 99-CV-1504
Quilling v. Texas Coastal Bank, et al
Filed: 07/01/99
Assigned to: Judge Barbara M G Lynn
Jury demand: Plaintiff
Referred to: Magistrate Judge Jeff Kaplan
Demand: $10,000,000
Nature of Suit: 890
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 28:2201 Declaratory Judgment (Insurance)
MICHAEL J QUILLING, Receiver Michael J Quilling, Attorney at
for Robert Cord, Winterhawk Law
West Indies, Inc. and Steven C 214/871-2111 FAX
Roberts dba Funding Resources [COR LD NTC pse]
Group, FRG Trust Clark W Will, Attorney at Law
plaintiff 214/871-2111 FAX
[COR ret]
Kenneth A Hill, Attorney at Law
214/871-2111 FAX
[COR ret]
Andrew M Trusevich, Attorney at
Law
214/871-2111 FAX
[COR ret]
Quilling Selander Cummiskey &
Lownds
2001 Bryan Street
Suite 1800
Dallas, TX 75201
USA
214/871-2100
v.
TEXAS COASTAL BANK Gregory M Clark, Attorney at
defendant Law
713/224-3271 FAX
[COR LD NTC ret]
Woodard Hall & Primm
Chase Tower
600 Travis
Suite 7100
Houston, TX 77002
USA
713/221-3800
BILLY HOLCOMB Christopher H Rentzel, Attorney
defendant at Law
214/758-1010 FAX
[COR NTC ret]
Bracewell & Patterson
Lincoln Plaza
500 North Akard
Suite 4000
Dallas, TX 75201-3320
USA
214/758-1000
Ileana M Blanco, Attorney at
Law
713/221-1212 FAX
[COR LD NTC ret]
Bryan Dumesnil, Attorney at Law
713/222-3233 FAX
[COR ret]
Josh M McMorrow, Attorney at
Law
713/221-1212 FAX
[COR ret]
Bracewell & Patterson
South Tower Pennzoil Place
711 Louisiana
Suite 2900
Houston, TX 77002-2781
USA
713/221-1334
DENNIS CATES Daniel W Jackson, Attorney at
movant Law
713/527-8850 FAX
[COR LD NTC ret]
Emmons & Jackson
3223 Smith St
Suite 303
Houston, TX 77006
USA
713/522-4435
DOCKET PROCEEDINGS
DATE #
DOCKET ENTRY
7/1/99 1 COMPLAINT filed; Filing Fee $ 150.00 Receipt # 114405
(15+) (mlh) [Entry date 07/02/99]
7/1/99 1 DEMAND for jury trial by plaintiff Michael J Quilling (mlh)
[Entry date 07/02/99]
7/1/99 2 SUMMONS(ES) issued for defendant Texas Coastal Bank,
defendant Billy Holcomb (iss 2) (mlh) [Entry date 07/02/99]
7/1/99 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson
Jr (mlh) [Entry date 07/02/99]
7/15/99 3 UNOPPOSED MOTION by defendant Billy Holcomb to extend time
to file an answer and response to plaintiff's complaint
(3) (tsp) [Entry date 07/16/99]
7/19/99 4 ORDER granting [3-1] motion to extend time to file an
answer and response to plaintiff's complaint Reset answer
due for 8/20/99 for Billy Holcomb, for Texas Coastal Bank
( signed by J Kendall) Copies to counsel: 7/20/99 Page(s)
1 (tsp) [Entry date 07/20/99]
7/23/99 5 STIPULATION NO 1 by plaintiff Michael J Quilling (2) (tsp)
[Entry date 07/26/99]
7/23/99 6 AGREED MOTION by defendant Texas Coastal Bank to extend
time to file responsive pleadings to plaintiff's complaint
(5) (tsp) [Entry date 07/26/99]
7/26/99 7 ORDER granting [6-1] motion to extend time to file
responsive pleadings to plaintiff's complaint Reset
answer due for 8/20/99 for Billy Holcomb, for Texas Coastal
Bank ( signed by J Kendall) Copies to counsel: 7/28/99
Page(s) 2 (tsp) [Entry date 07/28/99]
8/20/99 8 NOTICE OF AND MOTION by defendant Billy Holcomb to
dismiss (3) (tsp) [Entry date 08/23/99]
8/20/99 9 MOTION by defendant Texas Coastal Bank to dismiss (15+) (tsp)
[Entry date 08/23/99]
8/20/99 10 MEMORANDUM by defendant Billy Holcomb in support of [8-1]
motion to dismiss (15+) (tsp) [Entry date 08/23/99]
10/4/99 11 Amended ORDER Response to motion reset to 10/18/99 for
[9-1] motion to dismiss, reset to 10/18/99 for [8-1] motion
to dismiss (signed by JK) Copies to counsel: 10/4/99
Page(s) 1 (jas) [Edit date 10/04/99]
10/18/99 12 RESPONSE by plaintiff Michael J Quilling to [9-1] motion
to dismiss, [8-1] motion to dismiss (2) (jas)
[Entry date 10/19/99]
10/18/99 13 MOTION by plaintiff Michael J Quilling to amend [1-1]
complaint (15+) (jas) [Entry date 10/19/99]
10/18/99 14 MEMORANDUM by plaintiff Michael J Quilling in support of
[13-1] motion to amend [1-1] complaint (15+) (jas)
[Entry date 10/19/99]
11/9/99 15 RESPONSE by defendant Texas Coastal Bank to [13-1] motion
to amend [1-1] complaint (3) (jas) [Entry date 11/10/99]
11/9/99 16 Brief/MEMORANDUM by defendant Texas Coastal Bank in
opposition to [13-1] motion to amend [1-1] complaint (10)
(jas) [Entry date 11/10/99]
11/9/99 17 APPENDIX by defendant Texas Coastal Bank in support of
[15-1] motion response, [16-1] opposition memorandum (15+)
(jas) [Entry date 11/10/99]
11/9/99 18 RESPONSE by defendant Billy Holcomb to [13-1] motion to
amend [1-1] complaint (3) (jas) [Entry date 11/10/99]
11/18/99 19 REPLY by plaintiff Michael J Quilling to response to
[13-1] motion to amend [1-1] complaint (3) (jas)
12/6/99 20 REPLY by defendant Billy Holcomb to response to [8-1]
motion to dismiss (5) (jas) [Entry date 12/07/99]
12/6/99 21 REPLY by defendant Texas Coastal Bank to response to [9-1]
motion to dismiss (10) (jas) [Entry date 12/07/99]
12/6/99 22 APPENDIX by defendant Texas Coastal Bank in support of
[21-1] response reply (15+) (USC) (jas)
[Entry date 12/07/99]
1/27/00 23 ***VACATED PER ORDER FILED 6/26/00 (#24)***ORDER
consolidating cases, all future filings relevant to this
action shall be marked with civil action number
3:98-CV-2689-X (signed by JK) Copies to counsel: 1/28/00
Page(s) 1 (jas) [Entry date 01/28/00]
[Edit date 06/27/00]
1/27/00 -- Case closed (jas) [Entry date 01/28/00]
1/27/00 -- Consolidated Member Case . Lead Case Number: 3:98CV2689 (jas)
[Entry date 01/28/00]
6/26/00 24 ORDER REASSIGNING CASE to Judge Barbara M G. Lynn ( signed by Magistrate Judge Jeff
Kaplan) Copies to counsel: 6/27/00 Page(s): 1 (djd)
[Entry date 06/27/00]
6/26/00 24 ORDER vacating [23-2] order of consolidation filed 1/27/00,
consolidating case with SEC v. Funding Resource Group, et
al., No. 3:98-cv-2689-M. This case will proceed separately
under Cause No. 3:99-cv-1504-M. All pleadings shall be filed
under that cause number. The case will remain with
Magistrate Judge Jeff Kaplan for pretrial management
pursuant to the Standing Order of Reference filed 6/16/00. (
signed by Magistrate Judge Jeff Kaplan) Copies to counsel:
6/27/00 Page(s) 1 (djd) [Entry date 06/27/00]
[Edit date 06/29/00]
6/26/00 24 ORDER REFERRING CASE to Magistrate Judge Jeff Kaplan for
pretrial management pursuant to the Standing Order of
Reference dated 6/16/00. ( signed by Magistrate Judge Jeff
Kaplan) Copies to counsel: 6/27/00 Page(s): 1 (djd)
[Entry date 06/27/00] [Edit date 06/27/00]
6/26/00 25 ORDER REQUIRING ATTORNEY CONFERENCE AND JOINT STATUS
REPORT. Lead counsel for all parties shall meet in person
at a mutually agreeable location not later than 7/17/00.
Joint Status Report and Proposed Scheduling Plan due on
7/25/00 ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 6/27/00 Page(s): 4
(djd) [Entry date 06/27/00]
6/26/00 26 STANDING ORDER ON ALL NON-DISPOSITIVE MOTIONS: This case
has been referred to US Magistrate Judge Jeff Kaplan for
pretrial management...The following order shall govern the
disposition of all non-dispositive motions filed in this
cause... ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 6/27/00 Page(s) 3
(djd) [Entry date 06/27/00]
6/26/00 -- Case reopened (djd) [Entry date 07/10/00]
6/27/00 27 ORDER...the Receiver is ordered to complete the following
budget by 7/25/00...The Receiver shall also provide the
Court with a good faith estimate of the amount of money he
realistically expects to recover on behalf of the defrauded
investors as a direct result of this lawsuit. ( signed by Magistrate Judge Jeff Kaplan)
Copies to counsel: 6/28/00 Page(s) 2 (djd)
[Entry date 06/28/00]
7/25/00 28 JOINT STATUS REPORT and Proposed Scheduling Order by
plaintiff Michael J Quilling, defendant Texas Coastal Bank,
defendant Billy Holcomb (9) (djd)
7/25/00 29 PROPOSED LITIGATION BUDGET/RESPONSE by plaintiff Michael J
Quilling to [27-1] order (3) (djd)
7/31/00 30 ORDER setting hearing: set miscellaneous hearing re:
[29-1] Receiver's litigation budget for 8/24/00 at 9:00
a.m. ( signed by Magistrate Judge
Jeff Kaplan) Copies to counsel: 7/31/00 Page(s): 2 (djd)
7/31/00 31 INITIAL SCHEDULING ORDER setting Deadline for filing of
dispositive motions 2/15/01 ; Discovery cutoff 1/15/01 ;
Amending of Pleadings on 9/15/00 ; Joining of Parties on
9/15/00 ; ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 7/31/00 Page(s): 2
(djd)
8/24/00 32 Minute order: Litigation Budget Hearing Held before
Magistrate Judge Jeff Kaplan Court Reporter: Joe Belton (djd)
8/24/00 33 ORDER re: litigation budget...The Court has considered the
record in this case, including dfts' objections, and finds
that the Receiver's proposed litigation budget in the amount
of $250,000.00 should be tentatively approved ( signed by Magistrate Judge Jeff Kaplan) Copies
to counsel: 8/24/00 Page(s) 2 (djd)
[Edit date 08/24/00]
9/5/00 34 First Interim Application/MOTION with memorandum in support
by plaintiff Michael J Quilling to allow and pay (1)
Receiver's fees and expenses and (2) attorneys' fees and
expenses (13) (djd) [Entry date 09/07/00]
[Edit date 09/21/00]
9/6/00 35 ORDER setting hearing: Motion hearing set for 10:00
10/6/00 for [34-1] motion to allow and pay (1) Receiver's
fees and expenses and (2) attorneys' fees and expenses;
Written objections to the fee application must be filed by
9/25/00. ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 9/7/00 Page(s): 2
(djd) [Entry date 09/07/00]
10/6/00 36 ORDER granting [34-1] motion to allow and pay (1)
Receiver's fees and expenses and (2) attorneys' fees and
expenses...the expenses should be reduced by $185.00 due to
an inadvertent double entry for airfare to Houston...the
fee application is approved and the Receiver is authorized
to pay the law firm of Quilling, Selanders, Cummiskey &
Lownds, P.C. the sum of $2,830.00 in fees and $193.05 in
expenses for services performed and costs incurred in this
case from 6/1/00-8/31/00. (
signed by Jeff Kaplan) Copies to counsel: 10/6/00 Page(s)
2 (djd)
10/24/00 37 MOTION by plaintiff Michael J Quilling to approve
compromise and settlement agreement (12)(Exhibits Not
Imaged) (djd) [Entry date 10/25/00] [Edit date 11/21/00]
10/24/00 38 JOINT MOTION to dismiss with prejudice by pltf Michael J
Quilling, dft Texas Coastal Bank, dft Billy Holcomb (3) (djd)
[Entry date 10/25/00]
11/20/00 39 ORDER granting [38-1] joint motion to dismiss with
prejudice, and that all costs are taxed against the party
incurring the same. ( signed by BMGL) Copies to counsel:
11/21/00 Page(s) 1 (djd) [Entry date 11/21/00]
11/20/00 -- Case closed (djd) [Entry date 11/21/00]
11/20/00 40 ORDER granting [37-1] motion to approve compromise &
settlement agreement. It is ordered that the Compromise &
Settlement Agreement between the Receiver & Defendants is
approved & the Receiver is authorized to close the
transactions set forth in the Compromise & Settlement
Agreement. ( signed by BMGL) Copies to counsel: 11/21/00
Page(s) 1 (djd) [Entry date 11/21/00]
12/4/00 41 Second & Final Application/MOTION with memorandum in
support by plaintiff Michael J Quilling to allow & pay (1)
receiver's fees & expenses and (2) attorneys' fees &
expenses (15+/Exhibits Not Imaged) (djd)
[Entry date 12/05/00]
12/5/00 42 ORDER setting hearing: Motion hearing set for 9:00 1/5/01
for [41-1] 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]
12/11/00 43 MOTION by movant Dennis Cates for Emergency Hearing
(14/exhibit not imaged) (djd)
12/11/00 44 Objection to & Motion to Set Aside, by movant Dennis Cates,
Settlement Agreement & Motion for Clarification of
Receiver's Authority (15+/exhibits not imaged) (djd)
12/11/00 45 AFFIDAVIT of Daniel W Jackson on behalf of movant Dennis
Cates (15+/exhibits not imaged) (djd)
12/11/00 44 Objection to & MOTION by movant Dennis Cates to Set Aside
Settlement Agreement & Motion for Clarification of
Receiver's Authority (15+/exhibits not imaged) (djd)
[Entry date 12/15/00]
12/14/00 46 ORDER denying Cates' [44-1] motion to Set Aside Settlement
Agreement & Motion for Clarification of Receiver's
Authority ( signed by Magistrate
Judge Kaplan) Copies to counsel: 12/15/00 Page(s) 3 (djd)
[Entry date 12/15/00]
12/14/00 47 RESPONSE by defendant Texas Coastal Bank, defendant Billy
Holcomb to Dennis Cates' [43-1] motion for Emergency
Hearing and Motion to Set Aside Settlement Agreement (5)
(djd) [Entry date 12/15/00]
1/5/01 -- Motion hearing re: [41-1] 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 48 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 49 ORDER granting [41-1] 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,
PC the sum of $13,019.50 in fees & $1,635.24 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]
Case Flags:
MAG
CLOSED
END OF DOCKET: 3:99cv1504
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| 02/14/2001 12:29:19 |
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