Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

05-3201 - Kelly v. Lexxus International et al


Download Files

Metadata

Document in Context
05-3201 - Kelly v. Lexxus International et al
November 2, 2005
PDF | More
ORDER granting 14 Motion for Extension of Time to Answer. The motion of defendants Lexxus International, Inc., Natural Health Trends Corp., Terry LaCore, Lisa Grossman and Mark Woodburn, is granted and the deadline for these defendants to answer is extended to November 14, 2005. Signed by Judge David L. Piester on 11/2/2005. (JAR)
November 7, 2005
PDF | More
ORDER regarding Scheduling Packet18 Counsel and unrepresented parties shall meet and confer in accordance with Fed. R. Civ. P. 26(f) and, by November 25, 2005, file their Report of Parties' Planning Conference. Signed by Magistrate Judge David L. Piester on 11/7/2005. (CCB )
November 23, 2005
PDF | More
ORDER - Upon consideration of the Motion, filing 30 the Court grants the Motion in part. The Court shall allow the parties to file the Report of Parties' Planning Conference within 20 days from the date the Court enters an order on the Defendants' Motion to Dismiss, assuming the case is not dismissed or transferred. Signed by Magistrate Judge David L. Piester on 11/23/2005. (GJG, )
December 15, 2005
PDF | More
MEMORANDUM AND ORDER. It is ordered that: (1) Regarding Phillip M. Kelly, Chapter 7 Bankruptcy Trustee in the Matter of John Loghry and Robyn Loghry v. Lexxus International, Inc., Natural Health Trends Corp, Terry Lacore, Lisa Grossmann, Curtis Broome, and Mark Woodburn, 4:05CR3201, in the District of Nebraska, (A.) The motion to dismiss submitted by the defendants (20 part 1), the motion to stay submitted by the plaintiff and for jurisdictional discovery 35, and the motion to extend time submitted by the defendants 36 are denied without prejudice. (B.) The defendants' alternative motion to transfer (20 part 2) is set for oral argument before the undersigned on Monday, January 30, 2006, at 9:00 AM (for a total of 3 hours) in Courtroom Number One, Lincoln, Nebraska. That hearing is consolidated with a related hearing in Kelly v. Francisco and Starsearch International, LLC, 7:04CV5017, in the District of Nebraska. At that time, the court will also consider whether the Nebraska cases should be consolidated for progression or trial. (C.) Pursuant to defense counsels' notice that they may have a conflict of interest (see 36), the defendants, and each of them, are given 30 days from this date to retain new counsel. New defense counsel shall enter their appearance within 30 days of this date. Failure to comply with this order may result in sanctions being imposed on defendants and their counsel up to and including the entry of judgment in favor of the plaintiff. Defense counsel who presently represent the defendants are not granted leave to withdraw and will not be granted leave to withdraw until new counsel have entered their appearance and a motion to withdraw has been granted. (2) Regarding Phillip M. Kelly, Chapter 7 Bankruptcy Trustee in the Matter of John Loghry and Robyn Loghry v. Steve Francisco and Starsearch International, LLC, 7:04CV5017, in the District of Nebraska, (A.) The defendants' motion to dismiss and alternative motion to transfer 53 is set for oral argument before the undersigned on Monday, January 30, 2006, at 9:00 AM (for a total of 3 hours) in Courtroom Number One, Lincoln, Nebraska. That hearing is consolidated with a related hearing in Kelly v. Lexxus International, Inc., Natural Health Trends Corp, Terry Lacore, Lisa Grossmann, Curtis Broome, and Mark Woodburn, 4:05CR3201. At that time, the court will also consider whether the Nebraska cases should be consolidated for progression or trial. (B.) To prepare for the aforementioned hearing, and particularly regarding the question of personal jurisdiction and venue, counsel for the plaintiff and counsel for the defendants shall personally meet and confer. As a part of that meeting, they shall stipulate to each and every undisputed fact (whether or not deemed relevant and material by the opposition) that I may consider when deciding whether to grant the motion to dismiss or the alternative motion to transfer. The stipulation should cite to the evidentiary materials submitted to the court. This "in-person" meeting and conference shall take place on or before Wednesday, January 25, 2006. Counsel shall file the stipulation and provide me with a copy on or before 5:00 PM on January 27, 2006.(3) Regarding the Texas case, I shall notify Judge Sam A. Lindsay, the federal judge assigned to the case in Texas, of the existence of these Nebraska cases, the fact that they may be related to the Texas case, and the entry of this memorandum and order. I will provide counsel in these Nebraska cases with a copy of my letter to Judge Lindsay. (4) I request that Magistrate Judge Piester consult me before taking any further action in these Nebraska cases. My chambers will provide him with a copy of this memorandum and order. (5) Despite the fact that I have used a joint caption for this memorandum and order, and unless otherwise directed or permitted, counsel shall file all pleadings using the single caption appropriate to their individual cases. Signed by Judge Richard G. Kopf on 12/15/2005. (KLL, )
January 25, 2006
PDF | More
ORDER granting 49 Motion to Withdraw as Attorney filed by Attorneys W. Eric Wood, Emilio A. Galvan, and John J.W. Inkeles on behalf of defendants. Signed by Judge Richard G. Kopf on 1/25/2006. (JAR)
February 21, 2006
PDF | More
MEMORANDUM AND ORDER - The defendants' motion to transfer this action 20 to the United States District Court for the Northern District of Texas, Dallas Division, is granted pursuant to 28 U.S.C. 1404(a). The Clerk of the United States District Court for the District of Nebraska is directed to transfer this action to the United States District Court for the Northern District of Texas, Dallas Division. The Clerk of the United States District Court for the Northern District of Texas is advised that this Nebraska case appears to be related to a case pending in the Northern District of Texas, to wit: Lexxus International, Inc., et al. v. Loghry, 3:04CV1039, which is assigned to Judge Lindsay. Upon the transfer of this case, the Clerk of the United States District Court for the District of Nebraska shall close this case for statistical purposes. Signed by Judge Richard G. Kopf on 2/21/2006. (JAE, )