Kelly et al v. Grier, III
Adversary Proceeding
Lead BK case is: 3:17-bk-30132
Lead BK case is: 3:17-bk-30132
| North Carolina Western Bankruptcy Court | |
| Chapter 7 | |
| Judge: | J Craig Whitley |
| Case #: | 3:19-ap-03003 |
| Nature of Suit | 91 Bankruptcy - Declaratory judgment |
| Case Filed: | Jan 04, 2019 |
| Terminated: | Mar 26, 2019 |
| Last checked: never |
|
Defendant
Joseph W. Grier, III, the duly-appointed Trustee of TSI Holdings, LLC, WSC Holdings, LLC, SouthPark Partners, LLC, and Sharon Road Properties, LLC
|
Represented By
|
|
Plaintiff
Craig Brewer
|
Represented By
|
|
Plaintiff
Deborah Monnett
|
Represented By
|
|
Plaintiff
Lorraine W. Machen
|
Represented By
|
|
Plaintiff
Edmund H. Machen
|
Represented By
|
|
Plaintiff
Thomas J. Crozier, III
|
Represented By
|
|
Plaintiff
Thomas J. Crozier, Jr.
|
Represented By
|
|
Plaintiff
Carolyn Crozier
|
Represented By
|
|
Plaintiff
Shelley Martin
|
Represented By
|
|
Plaintiff
James Overturf
|
Represented By
|
|
Plaintiff
Maria Spillars
|
Represented By
|
|
Plaintiff
Donald B. Olin
|
Represented By
|
|
Plaintiff
William Van Williams
|
Represented By
|
|
Plaintiff
James Williams
|
Represented By
|
|
Plaintiff
Adam Goulet
|
Represented By
|
|
Plaintiff
James Aldridge
|
Represented By
|
|
Plaintiff
Katherine S. Aldridge
|
Represented By
|
|
Plaintiff
Andrew Peterson
|
Represented By
|
|
Plaintiff
Herbert Lee Lemons
|
Represented By
|
|
Plaintiff
Dana Lemons
|
Represented By
|
|
Plaintiff
Randy Reittinger
|
Represented By
|
|
Plaintiff
Paul Leite
|
Represented By
|
|
Plaintiff
John K. Kelly
|
Represented By
|
| Docket last updated: 6 hours ago |
| Tuesday, March 26, 2019 | ||
|
utility
Close Case
Tue 03/26 2:25 PM
Adversary Proceeding Closed. (cas) |
||
| Tuesday, March 05, 2019 | ||
| 30 | 30
order
Other
Tue 03/05 1:26 PM
Order Granting Motion to Abstain and Dismissal. (cas) |
|
| Friday, March 01, 2019 | ||
| 29 | 29
answer
Answer
Fri 03/01 12:11 PM
Answer to Complaint , Defenses, Motion to Dismiss and Motion to Abstain Pursuant to 28 U.S.C. § 1334 Filed by Leslie Cooper Harrell on behalf of John D Phillips. (Harrell, Leslie) |
|
| Thursday, February 28, 2019 | ||
| 28 | 28
notice
Notice of Transcript Filing and Redaction
Thu 02/28 10:22 AM
Notice of Transcript Filing and of Deadlines Related to Restriction and Redaction. . (cas) |
|
| Wednesday, February 27, 2019 | ||
| 27 | 27
court
Transcript
Wed 02/27 10:07 AM
Transcript for Hearing/Trial held on 2/19/2019. For a copy of the Transcript, contact the Transcriber ASC Services LLC, 1304 Concourse Drive, Suite 120, Linthicum, MD. 21090, 410-694-9333. Transcript access will be restricted through 05/28/2019. (Pennell, Elizabeth) |
|
| Monday, February 25, 2019 | ||
| 26 | 26
answer
Answer
Mon 02/25 9:44 AM
Answer to Complaint and Statement of Position Filed by Michael Leon Martinez on behalf of Joseph W. Grier III. (Martinez, Michael) |
|
| Friday, February 22, 2019 | ||
| 25 | 25
order
Motion (Other)
Fri 02/22 3:22 PM
Order Granting Unopposed Motion of John D. Phillips to Intervene as Defendant. John D. Phillips is allowed 10 days from the date of entry of the order to file a pleading in response to the Complaint. (rfv) |
|
| 24 | 24
misc
Other Document
Fri 02/22 11:17 AM
Creditors' Notice of Filing Exhibits to Adversary Compplaint filed by Aaron Hemmings on behalf of John K. Kelly. (Hemmings, Aaron) |
|
|
Att: 1
Exhibit 10D to Adversary Complaint
|
||
|
Att: 2
Exhibit 10E to Adversary Complaint
|
||
|
Att: 3
Exhibit 10F to Adversary Complaint
|
||
|
Att: 4
Exhibit 10G
|
||
|
Att: 5
Exhibit 10H
|
||
| Wednesday, February 20, 2019 | ||
| 23 | 23
audio
Audio MP3
Wed 02/20 4:00 PM
|
|
| 22 | 22
court
Request For Transcript
Wed 02/20 2:38 PM
Request For Transcript for hearing on DATE: 2/19/2019 by Elizabeth Pennell. (cas) |
|
| Tuesday, February 19, 2019 | ||
|
court
Disposition of Hearing/Trial
Tue 02/19 4:29 PM
Disposition of Hearing Held before the Honorable J. Craig Whitley: . (tes) |
||
| Thursday, February 14, 2019 | ||
| 21 | 21
misc
Other Document
Thu 02/14 2:43 PM
CREDITORS' OPPOSITION TO METLIFE'S MOTION TO ABSTAIN AND RESPONSE TO MOTION TO DISMISS filed by Aaron Hemmings on behalf of John K. Kelly. (Hemmings, Aaron). CORRECTIVE ENTRY: Docket text changed to include - Related document(s)14 ,15 ,20 . Modified on 2/14/2019 (cas) |
|
| Tuesday, February 12, 2019 | ||
| 20 | 20
answer
Response
Tue 02/12 12:35 PM
Response in Opposition to Plaintiffs' Motion for Declaratory Relief and in Support of Request for Abstention Hearing scheduled for 02/19/2019 at 2:00 PM at 3-JCW-Charlotte Courtroom 1-402/19/2019 Filed by William L. Esser IV on behalf of MSI Financial Services, Inc., Metropolitan Life Insurance Company. (Esser, William) |
|
|
Att: 1
Exhibit 1 - Motion for Extension of Time
|
||
|
Att: 2
Exhibit 2 - Order Denying Motion for Extension of Time
|
||
|
Att: 3
Exhibit 3 - Plaintiffs' Brief in Opposition to Motion to Dismiss
|
||
| Thursday, February 07, 2019 | ||
| 19 | 19
notice
Hearing
Thu 02/07 10:47 AM
Notice of Hearing filed by William L. Esser IV on behalf of MSI Financial Services, Inc., Metropolitan Life Insurance Company. Hearing scheduled for 2/19/2019 at 02:00 PM at 3-JCW Courtroom 1-4. (Esser, William) |
|
| Wednesday, February 06, 2019 | ||
| 18 | 18
motion
Other
Wed 02/06 2:41 PM
Motion (Unopposed) of John D. Phillips to Intervene as Defendant . filed by Leslie Cooper Harrell on behalf of John D Phillips. (Harrell, Leslie) |
|
|
Att: 1
Exhibit A (Answer)
|
||
| 17 | 17
notice
Notice of Deficient/Defective Filing
Wed 02/06 8:02 AM
Court Notice of Defective Filing . Corrected Document due by 2/13/2019. (krt) |
|
| Tuesday, February 05, 2019 | ||
| 16 | 16
notice
Request for Notice/Appearance
Tue 02/05 3:10 PM
Notice of Appearance and Request for Notice filed by Louis G. Spencer on behalf of Metropolitan Life Insurance Company. (Spencer, Louis) |
|
| 15 | 15
answer
Answer
Tue 02/05 2:15 PM
Answer to Complaint Filed by Alice Carmichael Richey on behalf of Metropolitan Life Insurance Company. (Richey, Alice) |
|
| Monday, February 04, 2019 | ||
| 14 | 14
answer
Answer
Mon 02/04 10:17 AM
Intervenor's Answer to Complaint and Motion to Abstain Filed by William L. Esser IV on behalf of MSI Financial Services, Inc., Metropolitan Life Insurance Company. (Esser, William) |
|
| 13 | 13
order
Motion (Other)
Mon 02/04 9:53 AM
Order Granting Motion of Metropolitan Life Insurance Company and MSI Financial Services, Inc. to Intervene as Defendants and allowing 10 days from the date of entry of this order to file a pleading in response to the Complaint (krt) |
|
| Friday, February 01, 2019 | ||
| 12 | 12
motion
Other
Fri 02/01 1:20 PM
Motion of Metropolitan Life Insurance Company and MSI Financial Services, Inc. to Intervene as Defendants (Unopposed) . filed by William L. Esser IV on behalf of MSI Financial Services, Inc., Metropolitan Life Insurance Company. (Esser, William) |
|
|
Att: 1
Exhibit A
|
||
| 11 | 11
misc
Certificate of Service
Fri 02/01 7:39 AM
Certificate of Service filed by Anna S. Gorman on behalf of Joseph W. Grier III. (Gorman, Anna) |
|
| Thursday, January 31, 2019 | ||
| 10 | 10
order
Extend
Thu 01/31 1:37 PM
Ex Parte Order Granting Motion To Extend Time to File Answer by Joseph W. Grier III Answer Due 3/6/2019 (cas) |
|
| 9 | 9
motion
Extend
Thu 01/31 10:58 AM
Motion to Extend Time to File Answer. filed by Anna S. Gorman on behalf of Joseph W. Grier III. (Gorman, Anna) |
|
| Wednesday, January 23, 2019 | ||
| 8 | 8
notice
Hearing
Wed 01/23 3:13 PM
Notice of Hearing Regarding Kelly Creditors' MOTION FOR DECLARATORY RELIEF AS TO CREDITORS CLAIMS FOR DAMAGES AGAINST METLIFE PRIOR TO THE SETTLEMENT OPT-IN DEADLINE filed by Aaron Hemmings on behalf of John K. Kelly. Hearing scheduled for 2/19/2019 at 02:00 PM at 3-JCW Courtroom 1-4. (Hemmings, Aaron) |
|
| 7 | 7
motion
Other
Wed 01/23 3:09 PM
Motion for DECLARATORY RELIEF AS TO CREDITORS CLAIMS FOR DAMAGES AGAINST METLIFE PRIOR TO THE SETTLEMENT OPT-IN DEADLINE . filed by Aaron Hemmings on behalf of John K. Kelly. Hearing scheduled for 2/19/2019 at 02:00 PM at 3-JCW Courtroom 1-4. (Hemmings, Aaron) |
|
|
Att: 1
Exhibit 1. Metropolitan Life Insurance Company and MSI Financial Services, Inc.s Memorandum in Support of Motion to Dismiss the First Amended Complaint James Aldridge
|
||
|
Att: 2
Exhibit 2. South Park Partners, LLC Check #1158 to MetLife
|
||
|
Att: 3
Exhibit 3. South Park Partners, LLC Check #1160 to MetLife
|
||
|
Att: 4
Exhibit 4. Siskey Premiums Payment Schedules
|
||
|
Att: 5
Exhibit 5. Siskey Premiums Payment Schedules
|
||
|
Att: 6
Exhibit 6. December 6, 2017 MetLife Notice of Automatic Premium Loan
|
||
|
Att: 7
Exhibit 7. December 6, 2017 MetLife Notice of Automatic Premium Loan
|
||
|
Att: 8
Exhibit 8. December 26, 2013 CommunityOne Bank Account Statement
|
||
|
Att: 9
Exhibit 9. December 22, 2014 CommunityOne Bank Account Statement
|
||
|
Att: 10
Exhibit 9. February 23, 2015 CommunityOne Bank Account Statement
|
||
|
Att: 11
Exhibit 11. 2004 NASD Action v. Rick Siskey and Wall Street Capitol
|
||
|
Att: 12
Exhibit 12. April 19, 2004 MetLife Supervision Plan - Rick Siskey
|
||
|
Att: 13
Exhibit 13. February 23, 2005 Email from MetLife, Regional Manager, John McBreen to MetLife Directors, Gordon Silva, Gary Gardner and Rick Siskey concerning MetLifes Wall Street Capitol Sign on the Wall Street Capitol Building
|
||
|
Att: 14
Exhibit 14. September 30, 2016, TSI Holdings, LLC Statement to Creditor, John K. Kelly
|
||
|
Att: 15
Exhibit 15. April 4, 2015, MetLife Employee, Gary Hammond Funds Raised Commission Statements for TSI Holdings, LLC, WSC Holdings, LLC and Sharon Road Properties, LLC
|
||
|
Att: 16
Exhibit 16. 2016, MetLife Employee, Gary Hammond Funds Raised Commission Statements for TSI Holdings, LLC, WSC Holdings, LLC and Sharon Road Properties, LLC
|
||
|
Att: 17
Exhibit 17. September 15, 2015, MetLife Employee, John D. Phillips Commission Statements for TSI Holdings, LLC and WSC Holdings, LLC
|
||
|
Att: 18
Exhibit 18. September 3, 2015, MetLife Employee, John D. Phillips Commission Balance Due Statement
|
||
|
Att: 19
Exhibit 19. June 4, 2010 Gross Dealer Commission Report for MetLife Employees
|
||
| Monday, January 07, 2019 | ||
| 6 | 6
notice
Notice of Deficient/Defective Filing
Mon 01/07 7:50 AM
Court's Instructional Notice of Defective Filing . (krt) |
|
| Friday, January 04, 2019 | ||
| 5 | 5
misc
Certificate of Service
Fri 01/04 4:13 PM
Certificate of Service filed by Aaron Hemmings on behalf of John K. Kelly. (Hemmings, Aaron) Modified on 1/7/2019 (krt) |
|
| 4 | 4
court
Summons Issued
Fri 01/04 1:18 PM
Summons Issued on Joseph W. Grier III Answer Due 2/4/2019. (krt) |
|
| 3 | 3
misc
Other Document
Fri 01/04 11:14 AM
Summons filed by Aaron Hemmings on behalf of John K. Kelly. (Hemmings, Aaron) |
|
| 2 | 2
misc
Other Document
Fri 01/04 11:12 AM
Civil Cover filed by Aaron Hemmings on behalf of John K. Kelly. (Hemmings, Aaron) |
|
| 1 | 1
cmp
Complaint (fee)
Fri 01/04 11:02 AM
Adversary case 19-03003 Complaint 91 COMPLAINT FOR DECLARATORY RELIEF AS TO CREDITORS' CLAIMS FOR DAMAGES AGAINST METLIFE and MOTION FOR DECLARATION THAT TRUSTEE HAS NO STANDING TO ASSERT DAMAGES CLAIMS AGAINST METLIFE BASED ON THE DOCTRINE OF IN PARI DELICTO by John K. Kelly against Joseph W. Grier III - Fee Amount $ 350. Pre-Trial Order due by 05/6/2019. (Hemmings, Aaron) |
|
|
Att: 1
Exhibit 1. South Park Partners, LLC Check #1158 to MetLife
|
||
|
Att: 2
Exhibit 2. South Park Partners, LLC Check #1160 to MetLife
|
||
|
Att: 3
Exhibit 3. Siskey Premiums Payment Schedules
|
||
|
Att: 4
Exhibit 4. Siskey Premiums Payment Schedules
|
||
|
Att: 5
Exhibit 5. August 27, 2012 MetLife Notice of Loan Payment
|
||
|
Att: 6
Exhibit 6. December 6, 2017 MetLife Notice of Automatic Premium Loan
|
||
|
Att: 7
Exhibit 7. August 26, 2013 CommunityOne Bank Account Statement
|
||
|
Att: 8
Exhibit 8. December 22, 2014 CommunityOne Bank Account Statement
|
||
|
Att: 9
Exhibit 9. February 23, 2015 CommunityOne Bank Account Statement
|
||
|
Att: 10
Exhibit 10A. Appendix of Creditors Complaints filed in North Carolina Superior Courts
|
||
|
Att: 11
Exhibit 10B. Appendix of Creditors Complaints filed in North Carolina Superior Courts
|
||
|
Att: 12
Exhibit 10C. Appendix of Creditors Complaints filed in North Carolina Superior Courts
|
||
|
Att: 13
Exhibit 11. September 10, 2018 Transcript of Hearing
|
||
|
utility
DQA complete
Fri 01/04 1:18 PM
Clerk's DQA complete. (krt) |
||