Case Details

CourtNorthern District of Texas
Docket number3:09-cv-01134
Date case filed2009-06-16
Date case closed2010-05-17
Date of latest filing
Assigned toSenior Judge A. Joe Fish
Case cause28:1332 Diversity-Declaratory Judgment
Nature of suit190 Contract: Other
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: Air Foodmart Inc
Party type: Plaintiff
Attorney name: Greg Gutman
Attorney Contact:
Law Office of Greg Gutman
7130 Northaven Rd
Dallas, TX 75230
972/233-7890
Fax: 972/233-0220
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Party: Rafiq Merchant
Party type: Plaintiff
Attorney name: Greg Gutman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Party: Lease Finance Group LLC
Party type: Defendant
Attorney name: Wm Bruce Stanfill
Attorney Contact:
Beirne Maynard & Parsons
1300 Post Oak Blvd
Suite 2500
Houston, TX 77056
713/623-0887
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Attorney name: Sarah Brooke Davis
Attorney Contact:
Beirne Maynard & Parsons LLP
1700 Pacific Ave
Suite 4400
Dallas, TX 75201
214/237-4300
Fax: 214/237-4340
Email: [email protected]
ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Party: ADR Provider
Party type: Mediator
Attorney name: Jeffrey H Abrams
Attorney Contact:
Abrams Mediation & Arbitration
4901 LBJ Frwy
Suite 150
Dallas, TX 75248
972/702-9066
Fax: 214/526-5880
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-06-16 NOTICE OF REMOVAL from 44th District Court, case number DC-09-04612 filed by Lease Finance Group LLC. (Filing fee $350; receipt number 31992) (jrb) (Entered: 06/17/2009)
22009-06-16 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lease Finance Group LLC. (jrb) (Entered: 06/17/2009)
32009-06-19 Memorandum Opinion and Order. Within ten days of this date, the defendant shall file and serve an amended notice of removal alleging the citizenship of the plaintiff Rafiq Merchant and the names and citizenship of all its members/owners. Failure to timely file and serve such an amended notice of removal will result in remand to the 44th Judicial District Court of Dallas County, Texas, without further notice. (see order) (Ordered by Senior Judge A. Joe Fish on 06/19/09) (lmp) (Entered: 06/19/2009)
42009-06-23 MOTION to Dismiss or, In the Alternative, MOTION to Transfer Case out of District/Division () filed by Lease Finance Group LLC (Stanfill, Wm) (Entered: 06/23/2009)
52009-06-23 Brief/Memorandum in Support filed by Lease Finance Group LLC re 4 MOTION to Dismiss or, In the Alternative MOTION to Transfer Case out of District/Division (Attachments: # 1 Appendix) (Stanfill, Wm) (Entered: 06/23/2009)
62009-06-24 Plaintiffs' Verified Objection (Answer) to Defendant's Notice of Removal and Request for an Order to Remand filed by Air Foodmart Inc, Rafiq Merchant (Attachments: # 1 Affidavit Exhibit A) (Gutman, Greg) Modified on 6/25/2009 (tln). (Entered: 06/24/2009)
72009-06-29 RESPONSE filed by Lease Finance Group LLC re 3 Memorandum Opinion and Order, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Stanfill, Wm) (Entered: 06/29/2009)
82009-07-13 RESPONSE filed by Air Foodmart Inc, Rafiq Merchant re 4 MOTION to Dismiss or, In the Alternative MOTION to Transfer Case out of District/Division (Attachments: # 1 Affidavit) (Gutman, Greg) (Entered: 07/13/2009)
92009-07-14 RESPONSE in Opposition filed by Lease Finance Group LLC re 6 Answer to Complaint (Notice of Removal), MOTION to Remand (Attachments: # 1 Exhibit A) (Davis, Sarah) (Entered: 07/14/2009)
102009-07-28 Reply to Response filed by Air Foodmart Inc, Rafiq Merchant re MOTION/Request for and Order to Remand. (Attachments: # 1 Exhibit A) (Gutman, Greg) Modified on 7/29/2009 (lmp). (Entered: 07/28/2009)
112009-09-24 ORDER denying 4 Motion to Remand. (see order) (Ordered by Senior Judge A. Joe Fish on 9/24/2009) (klm) (Entered: 09/25/2009)
122010-02-05 ORDER: Hearing set for 3/22/2010 01:30 PM before Senior Judge A. Joe Fish (See Order.) (Ordered by Senior Judge A. Joe Fish on 2/5/2010) (twd) (Entered: 02/05/2010)
132010-03-10 NOTICE of Withdrawal of Motion to Dismiss without Prejudice re: 4 MOTION to Dismiss or, In the Alternative MOTION to Transfer Case out of District/Division, 5 Brief/Memorandum in Support of Motion filed by Lease Finance Group LLC (Davis, Sarah) (Entered: 03/10/2010)
142010-03-11 Original ANSWER to Complaint filed by Lease Finance Group LLC (Stanfill, Wm) (Entered: 03/11/2010)
152010-03-11 STATUS REPORT ORDER: Joint Status Report due by 4/01/2010. See order for specifics. (Ordered by Senior Judge A. Joe Fish on 3/11/2010) (chmb) (Entered: 03/11/2010)
162010-03-11 MOTION for Protective Order from Plaintiffs' Unilaterally Noticed Corporate Representative Deposition, MOTION to Quash () filed by Lease Finance Group LLC (Attachments: # 1 Exhibit A) (Stanfill, Wm) (Entered: 03/11/2010)
172010-03-12 OBJECTION filed by Air Foodmart Inc, Rafiq Merchant re: 13 NOTICE of Withdrawal of Motion to Dismiss without Prejudice re: 4 MOTION to Dismiss or, In the Alternative MOTION to Transfer Case out of District/Division,(Gutman, Greg) Modified on 3/15/2010 (svc). (Entered: 03/12/2010)
182010-03-12 ORDER: The District Court referred Defendant's Motion for Protection from Deposition (doc. 16) to the United States Magistrate Judge. Plaintiffs have indicated that the motion will be opposed. The deposition is stayed until further order of the Court after the issues have been fully briefed. (Ordered by Magistrate Judge Paul D Stickney on 3/12/2010) (tln) (Entered: 03/12/2010)
192010-03-12 ORDER REFERRING 16 Motion for Protective Order to Magistrate Judge Paul D Stickney. (See Order.) (Ordered by Senior Judge A. Joe Fish on 3/12/2010) (twd) (Entered: 03/12/2010)
202010-03-15 ORDER: The hearing previously scheduled for 3/22/2010, regarding the defendant's motion, see Order of February 5, 2010 (docket entry 12), is CANCELLED. (Ordered by Senior Judge A. Joe Fish on 3/15/2010) (mfw) (Entered: 03/16/2010)
212010-03-15 Correspondence re: 20 Order filed by Lease Finance Group LLC. (skt) (Entered: 03/16/2010)
222010-03-26 Joint STATUS REPORT filed by Air Foodmart Inc, Rafiq Merchant, Lease Finance Group LLC. (Davis, Sarah) (Entered: 03/26/2010)
232010-03-29 Joint STATUS REPORT (Amended) filed by Air Foodmart Inc, Rafiq Merchant, Lease Finance Group LLC. (Davis, Sarah) (Entered: 03/29/2010)
242010-04-01 SCHEDULING ORDER: Amended Pleadings due by 7/1/2010. Discovery due by 10/31/2010. Pretrial Conference set for 12/30/2010 09:00 AM before Senior Judge A. Joe Fish. Joinder of Parties due by 7/1/2010. Motions due by 8/27/2010. Pretrial Order due by 12/23/2010. Pretrial Materials due by 12/23/2010. Bench Trial set for court's four-week docket beginning 1/3/2011 before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 4/1/2010) (Attachments: # 1 Consent Form) (svc) (Entered: 04/02/2010)
252010-04-02 ORDER REFERRING CASE to ADR. Type of ADR: Mediation. ADR Provider Jeffrey H Abrams appointed. (see order) (Ordered by Senior Judge A. Joe Fish on 4/2/2010) (Attachments: # 1 ADR Summary Form) (klm) (Entered: 04/05/2010)
262010-04-09 ORDER re 16 Defendant's Motion for Protection from Deposition. The Court lifts the stay on the deposition. Plaintiffs shall comply with the Federal Rules of Civil Procedure and confer with Defendants before renoticing the deposition. (see order) (Ordered by Magistrate Judge Paul D Stickney on 4/9/2010) (axm) (Entered: 04/12/2010)
272010-04-27 MOTION to Enforce Settlement Agreement filed by Lease Finance Group LLC (Attachments: # 1 Exhibit(s)) (Stanfill, Wm) (Entered: 04/27/2010)
27.1 Exhibit(s)
282010-05-06 ORDER: The parties having advised the court that this case has been settled, it is ORDERED that the final judgment or order of dismissal be presented for entry by May 28, 2010. If it is not, then the case will be subject to dismissal. (Ordered by Senior Judge A. Joe Fish on 5/6/2010) (chmb) (Entered: 05/06/2010)
292010-05-13 Joint MOTION to Dismiss with Prejudice filed by Air Foodmart Inc, Lease Finance Group LLC, Rafiq Merchant (Stanfill, Wm) (Entered: 05/13/2010)
302010-05-17 ORDER OF DISMISSAL...Granting 29 Joint MOTION to Dismiss with Prejudice. ORDERED all claims or counter-claims that were, or could have been asserted in the exercise of due diligence, in this lawsuit are DISMISSED with prejudice. (Ordered by Senior Judge A. Joe Fish on 5/17/2010) (svc) (Entered: 05/18/2010)