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14-2970 - Clapper et al v. American Realty Investors Inc et al


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14-2970 - Clapper et al v. American Realty Investors Inc et al
January 21, 2015
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MEMORANDUM OPINION AND ORDER denying 35 Emergency MOTION for Temporary Restraining Order filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC; denying 60 Motion for Injunction filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC. (Ordered by Judge Sidney A Fitzwater on 1/21/2015) (Judge Sidney A Fitzwater)
June 3, 2015
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 72 MOTION to Dismiss for Failure to State a Claim, filed by Sharon Hunt, Henry A Butler, Donald Phillips, Louis Corna, Ryan T Phillips, Ted R Munselle, Gene S Bertcher, Gene E Phillips, Robert A Jakuszeweki, Mickey N Phillips, Daniel J Moos; 73 MOTION to Dismiss for Failure to State a Claim filed by American Realty Trust, Inc, EQK Holdings Inc, American Realty Investors Inc, Basic Capital Management, Inc; 74 MOTION to Dismiss for Failure to State a Claim, filed by Realty Advisors, Inc., Income Opportunity Realty Investors Inc, Transcontinental Realty Investors Inc, Realty Advisors Management, Inc., The May Trust, Prime Income Asset Management Inc, The Martin Trust, Prime Income Asset Management LLC, Realty Advisors, LLC, Pillar Income Asset Management Inc, Syntek West Inc; 75 MOTION to Dismiss for Failure to State a Claim filed by Transcontinental Realty Acquisition Corporation; 107 MOTION for Protective Order, Motion to Stay filed by Realty Advisors, Inc., Realty Advisors, LLC; 108 MOTION for Protective Order, Motion to Stay, filed by Donald Phillips, Realty Advisors Management, Inc., Ryan T Phillips, The May Trust, Syntek West Inc, The Martin Trust, Mickey N Phillips; 111 MOTION for Protective Order, MOTION to Stay filed by Sharon Hunt, Henry A Butler, Ted R Munselle, Robert A Jakuszeweki; and 119 MOTION to Stay filed by Prime Income Asset Management LLC (Ordered by Judge Sidney A Fitzwater on 6/3/2015) (Judge Sidney A Fitzwater)
January 25, 2016
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MEMORANDUM OPINION AND ORDER granting in part, denying in part MOTIONS to 153 Dismiss for Failure to State a Claim filed by Income Opportunity Realty Investors Inc, Transcontinental Realty Investors Inc, 157 Dismiss for Failure to State a Claim filed by Ryan T Phillips, Mickey N Phillips, 152 Dismiss for Failure to State a Claim filed by Prime Income Asset Management LLC, Pillar Income Asset Management Inc, Prime Income Asset Management Inc, 154 Dismiss for Failure to State a Claim filed by The May Trust, The Martin Trust, 156 Dismiss for Failure to State a Claim filed by Donald Phillips, 155 Dismiss for Failure to State a Claim filed by Gene E Phillips, 151 Dismiss for Failure to State a Claim filed by American Realty Trust, Inc, 158 Dismiss for Failure to State a Claim filed by EQK Holdings Inc, American Realty Investors Inc, Basic Capital Management, Inc, 150 Motion to Dismiss filed by Louis Corna, Gene S Bertcher, Daniel J Moos re: 153 Motion to Dismiss for Failure to State a Claim, 157 Motion to Dismiss for Failure to State a Claim, 152 Motion to Dismiss for Failure to State a Claim, 154 Motion to Dismiss for Failure to State a Claim, 156 Motion to Dismiss for Failure to State a Claim, 155 Motion to Dismiss for Failure to State a Claim, 151 Motion to Dismiss for Failure to State a Claim, 158 Motion to Dismiss for Failure to State a Claim, 150 MOTION to Dismiss Plaintiffs' Claims. (Ordered by Judge Sidney A Fitzwater on 1/25/2016) (Judge Sidney A Fitzwater)
March 14, 2017
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MEMORANDUM OPINION AND ORDER granting in part, denying in part 342 MOTION for Leave to File Third Amended Complaint filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 3/14/2017) (Judge Sidney A Fitzwater)
February 28, 2018
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MEMORANDUM OPINION AND ORDER granting 657 MOTION to Dismiss for Lack of Jurisdiction filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc.; granting 658 MOTION to Dismiss for Lack of filed by Gene E Phillips; and denying without prejudice 514 Motion for Protective Order, Motion to Quash filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 399 Dismiss for Failure to State a Claim filed by American Realty Trust, Inc, 469 Motion for Leave to File, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 329 Motion to Stay filed by American Realty Investors Inc, 375 Motion for Summary Judgment filed by Gene E Phillips, 551 Motion for Summary Judgment filed by EQK Holdings Inc, 676 Motion for Miscellaneous Relief filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 518 Motion for Protective Order, Motion to Quash filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 542 Motion for Summary Judgment filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 578 Motion to Strike, filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc, Gene E Phillips, 516 Motion for Protective Order, Motion to Quash filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 400 Dismiss for Failure to State a Claim filed by Gene E Phillips, 622 Motion for Leave to File filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 498 Motion for Miscellaneous Relief, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 398 Motion to Dismiss, Motion to Strike filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc, Gene E Phillips, 673 Motion for Miscellaneous Relief, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 416 Motion for Protective Order, Motion to Quash,, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 403 Dismiss for Failure to State a Claim filed by American Realty Investors Inc, 612 Motion for Leave to File, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 592 Motion for Leave to File, filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc, Gene E Phillips, 548 Motion for Summary Judgment filed by American Realty Investors Inc, 489 Motion to Strike, filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 512 Motion for Protective Order, Motion to Quash filed by Atlantic XIII LLC, David M Clapper, Atlantic Midwest LLC, 539 Motion for Summary Judgment filed by American Realty Trust, Inc, 646 Motion to Quash filed by EQK Holdings Inc, American Realty Investors Inc, American Realty Trust, Inc, Gene E Phillips, 401 Dismiss for Failure to State a Claim filed by EQK Holdings Inc re: 514 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Herbert L. Shevin, 658 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike 651 Amended Complaint,, , 399 Motion to Dismiss for Failure to State a Claim, 657 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike 651 Amended Complaint,, , 469 MOTION for Leave to File Supplemental Appendices to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment, 329 MOTION to Stay re 289 Order on Motion for Sanctions, 309 Response/Objection, 375 MOTION for Summary Judgment , 551 MOTION for Summary Judgment , 676 MOTION for Expenses Relating to the Court's October 24, 2017 Order Granting Plaintiffs' Motion to Compel Production of Documents, 518 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for William Widmeyer, Sr., 542 MOTION for Summary Judgment , 578 MOTION to Strike 545 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, 544 Appendix in Support, 542 MOTION for Summary Judgment , 543 Brief/Memorandum in Support of Motion , 516 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Jody B. Shevin, 400 Motion to Dismiss for Failure to State a Claim, 622 MOTION for Leave to File Supplemental Appendix in Support of Plaintiffs' Motion for Partial Summary Judgment, 498 MOTION for Leave to Supplement the Record as to Plaintiffs' Response to Defendant Gene Phillips' Motion for Summary Judgment, 398 MOTION to Dismiss or, Alternatively MOTION to Strike 373 Amended Complaint,, , 673 MOTION for Expenses and to Sanction Defendants American Realty Investors, Inc., American Realty Trust, Inc., EQK Holdings, Inc. and Gene E. Phillips for Discovery Abuse Relating to the Court's October 6, 2017 Order Granting Plaintiffs' Motion, 416 MOTION for Protective Order MOTION to Quash Defendants' Notice of Intention to Take the Oral Deposition of Andy Mychalowych, 403 Motion to Dismiss for Failure to State a Claim, 612 MOTION for Leave to File Appendix in Support of Plaintiffs' Reply in Support of Their Motion for Partial Summary Judgment, 592 First MOTION for Leave to File Motion for Leave to File Supplements to Defendants Response to Plaintiffs Motion for Partial Summary Judgment, 548 MOTION for Summary Judgment , 489 MOTION to Strike Section III and Related Exhibits of Defendants' Expert Gary B. Goolsby's Report Dated February 15, 2017, 512 MOTION for Protective Order and MOTION to Quash the Subpoena Duces Tecum for Gary Konke, 539 MOTION for Summary Judgment , 646 MOTION to Quash , 401 Motion to Dismiss for Failure to State a Claim (Ordered by Judge Sidney A Fitzwater on 2/28/2018) (Judge Sidney A Fitzwater)
June 6, 2018
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Midwest LLC, Atlantic XIII LLC, David M Clapper. (Ordered by Judge Sidney A Fitzwater on 6/6/2018) (Judge Sidney A Fitzwater)MEMORANDUM OPINION AND ORDER concluding in its discretion that the court should exercise supplemental jurisdiction under 28 U.S.C. ยง 1367(a), and denying without prejudice 687 MOTION for Leave to File Fifth Amended Complaint Pursuant to the Court's Order Dated February 28, 2018 (DE 684), or in the Alternative, Motion to Remove Plaintiffs Atlantic XIII, LLC and Atlantic Midwest, LLC as Parties in Plaintiff's Fifth Amended Complaint Pursuant to Fed. R. Civ. P. 21 filed by Atlantic
August 9, 2018
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MEMORANDUM OPINION AND ORDER affirming discovery ORDERS 289 625 of the U.S. Magistrate Judge. (Ordered by Judge Sidney A Fitzwater on 8/9/2018) (Judge Sidney A Fitzwater)
August 14, 2018
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MEMORANDUM OPINION AND ORDER:granting in part, denying in part 375 Phillips' March 28, 2017 motion for summary judgment;denying 398 ARI, ART, EQK, and Phillips' April 21, 2017 motion to dismiss; granting in part, denying in part 399 ART's April 21, 2017 motion to dismiss; granting in part, denying in part 400 Phillips' April 21, 2017 motion to dismiss; granting in part, denying in part 401 EQK's April 21, 2017 motion to dismiss; granting in part, denying in part 403 ARI's April 21, 2017 motion to dismiss; granting 469 plaintiffs' June 15, 2017 motion for leave to file supplemental appendices to plaintiffs response to Phillips' motion for summary judgment; granting 498 plaintiffs' July 28, 2017 motion for leave to supplement the record as to plaintiffs' response to Phillips' motion for summary judgment; denying 539 ART's August 31, 2017 motion for summary judgment;granting in part, denying in part 542 plaintiffs' August 31, 2017 motion for partial summary judgment; granting in part, denying in part 548 ARI's August 31, 2017 motion for summary judgment; granting in part, denying in part 551 EQK's August 31, 2017 motion for summary judgment; denying 578 ARI, ART, EQK, and Phillips' September 21, 2017 motion to strike plaintiffs' motion for summary judgment brief and appendix; denying as moot 592 ARI, ART, EQK, and Phillips' October 4, 2017 first motion for leave/14/2018) (Judge Sidney A Fitzwater) to file supplements to defendants' response to plaintiffs' motion for partial summary judgment; granting 612 plaintiffs' October 18, 2017 motion for leave to file appendix in support of plaintiffs' reply in support of their motion for partial summary judgment; granting 622 plaintiffs' October 31, 2017 motion for leave to file supplemental appendix in support of plaintiffs' motion for partial summary judgment; denying 657 ARI, ART, and EQK's January 16, 2018 motion to strike fourth amended complaint; denying 658 Phillips' January 16, 2018 motion to strike fourth amended complaint; and denying as moot 721 Phillips' July 18, 2018 motion to stay. (Ordered by Judge Sidney A Fitzwater on 8
November 16, 2018
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. The undersigned has taken senior status and is today requesting that this case be reassigned to a judge who is accepting the assignment of civil cases in the Dallas Division (Ordered by Senior Judge Sidney A Fitzwater on 11/16/2018) (Senior Judge Sidney A Fitzwater)MEMORANDUM OPINION AND ORDER denying without prejudice 737 Motion to Amend the Scheduling Order and Extend Expert Discovery filed by American Realty Investors Inc, American Realty Trust, Inc, EQK Holdings Inc, Gene E Phillips; overruling as moot 746 OBJECTION to a Magistrate Judge Order 741 re: Motion for Protective Order filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper; granting in part, denying in part 749 Plaintiffs' Motion to Clarify or Correct the Court's Statement as to the Operative Complaint in the Court's Summary Judgment Ruling 725 Pursuant to Fed. R. Civ. P 60(a) or Fed. R. Civ. P. 54(b), or in the alternative, Motion to File Fifth Amended Complaint, or in the Alternative, Motion for Entry of Default, filed by Atlantic Midwest LLC, Atlantic XIII LLC, David M Clapper; and denying 750 Motion to Reconsider in Part the Court's Denial of His Motion for Summary Judgment in Memorandum Opinion and Order [725 ] filed by Gene E Phillips