Dustin Donley Construction Services LLC v. DOE et al
| Oklahoma Western District Court | |
| Judge: | Scott L Palk |
| Case #: | 5:22-cv-01010 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Nov 28, 2022 |
| Terminated: | Aug 14, 2024 |
| Last checked: Saturday May 27, 2023 3:39 AM CDT |
|
Defendant
ASC Group, LLC
111 John St., Ste. 1170
New York, NY 10038 |
Represented By
|
|
Defendant
Jeff Greene
|
|
|
Defendant
Oak Capital Grp
|
|
|
Defendant
Pine Equities
|
|
|
Defendant
Joseph Aaron Rosenthal
228-1 North 5th Ave
Long Branch, NJ 07740 |
Represented By
|
|
Defendant
Jerry Thomas
|
|
|
Plaintiff
Dustin Donley Construction Services LLC
|
Represented By
|
| Docket last updated: 1 hours ago |
| Wednesday, August 14, 2024 | ||
| 28 | 28
order
Administrative Closing Order
Wed 08/14 2:58 PM
ADMINISTRATIVE CLOSING ORDER : This action is administratively terminated without prejudice to the rights of the parties to reopen the case, after completion of the arbitration proceeding, for entry of any stipulation or order, or for any other purpose required to obtain a final determination of the litigation. If within 30 days after completion of the arbitration proceeding the parties have not moved to reopen this case for the purpose of obtaining such final determination, this action will be is deemed dismissed with prejudice. Signed by Judge Scott L. Palk on 8/14/2024. (llg) |
|
| 27 | 27
16
pgs
order
Order on Motion to Stay Case Order on Motion to Compel
Wed 08/14 2:45 PM
ORDER granting18 The ASC Defendants' Motion to Stay Action and Compel Arbitration. Donley Construction's claims against ASC Group, LLC shall proceed to arbitration. This matter is STAYED pending completion of the arbitration proceedings. The Clerk of Court is directed to administratively terminate this matter until further order of the Court. The termination is without prejudice to the rights of the parties to reopen the case after completion of the arbitration proceeding for the entry of any stipulation or order, or for any other purpose required to obtain a final determination of the litigation. The parties shall notify the Court upon completion of the arbitration proceeding by filing a written notice. If, within 30 days after completion of the arbitration proceeding, the parties have not moved to reopen the case for the purpose of obtaining a final determination of the litigation, this action will be deemed to be dismissed with prejudice. Signed by Judge Scott L. Palk on 8/14/2024. (llg) |
|
| Monday, August 12, 2024 | ||
| 26 | 26
4
pgs
order
Order ~Util - Add and Terminate Parties
Mon 08/12 12:38 PM
ORDER re23 Order to Show Cause,24 Response to Order to Show Cause filed by Dustin Donley Construction Services LLC. Plaintiff's claims against John Doe Defendants 1-4 are DISMISSED without prejudice. Signed by Judge Scott L. Palk on 8/12/2024. (llg) |
|
| Wednesday, August 07, 2024 | ||
| 25 | 25
notice
~Notice (other)
Wed 08/07 9:31 AM
NOTICE (other) by Dustin Donley Construction Services LLC Concerning Motion for Additional Early Discovery(Dowell, Jim) |
|
|
Att: 1
Exhibit 1 - Gene Rosen Email
|
||
| Tuesday, July 16, 2024 | ||
| 24 | 24
respm
Response to Order to Show Cause
Tue 07/16 11:36 AM
RESPONSE TO ORDER TO SHOW CAUSE filed by Dustin Donley Construction Services LLC.(Dowell, Jim) |
|
|
Att: 1
Exhibit 1 - Email to Gene Rosen
|
||
| Thursday, July 11, 2024 | ||
| 23 | 23
2
pgs
order
Order to Show Cause
Thu 07/11 4:52 PM
ORDER TO SHOW CAUSE. Plaintiff is directed to show cause within seven (7) days from the date of this Order why its claims against "John Doe" Defendants 1-4 should not be dismissed without prejudice for failure to effect service of process within ninety (90) days from the filing of the Complaint. Show Cause Response due by 7/18/2024. Signed by Judge Scott L. Palk on 7/11/2024. (ekw) |
|
| Thursday, June 22, 2023 | ||
|
notice
Notice from the Court
Thu 06/22 10:05 AM
NOTICE FROM THE COURT 22 Response in Support of Motion is STRICKEN as untimely. (ms) |
||
| Wednesday, June 21, 2023 | ||
| 22 | 22
respm
Response in Support of Motion
Wed 06/21 11:58 PM
RESPONSE in Support re18 MOTION to Stay Case MOTION to Compel Arbitration filed by ASC Group, LLC, Joseph Aaron Rosenthal.(Rosen, Gene) |
|
|
Att: 1
Exhibit 1 - Certificate of Alternate Name
|
||
| Monday, June 05, 2023 | ||
| 21 | 21
respm
Response to Motion
Mon 06/05 4:26 PM
RESPONSE to Motion re18 MOTION to Stay Case MOTION to Compel Arbitration filed by Dustin Donley Construction Services LLC.(Dowell, Jim) |
|
|
Att: 1
Exhibit 1 - Donley Affidavit,
|
||
|
Att: 2
Exhibit 2 - Terms and Conditions Email,
|
||
|
Att: 3
Exhibit 3 - First Merchant Cash Advance,
|
||
|
Att: 4
Exhibit 4 - Second Merchant Cash Advance,
|
||
|
Att: 5
Exhibit 5 - Balance Sheet 1,
|
||
|
Att: 6
Exhibit 6 - Balance Sheet 2,
|
||
|
Att: 7
Exhibit 7 - Dowell Affidavit,
|
||
|
Att: 8
Exhibit 8 - Rosenthal Criminal Charges
|
||
| Wednesday, May 17, 2023 | ||
| 20 | 20
7
pgs
respm
Memorandum in Support
Wed 05/17 9:14 PM
MEMORANDUM in Support re18 MOTION to Stay Case MOTION to Compel Arbitration filed by ASC Group, LLC, Joseph Aaron Rosenthal. (Rosen, Gene) |
|
| 19 | 19
respm
Affidavit in Support of Motion
Wed 05/17 9:13 PM
AFFIDAVIT in Support re18 MOTION to Stay Case MOTION to Compel Arbitration filed by ASC Group, LLC, Joseph Aaron Rosenthal.(Rosen, Gene) |
|
|
Att: 1
Exhibit A - First Amended Complaint,
|
||
|
Att: 2
Exhibit B - February 15, 2022 Agreement,
|
||
|
Att: 3
Exhibit C - February 28, 2022 Agreement,
|
||
|
Att: 4
Exhibit D - Correspondence Between Counsel
|
||
| 18 | 18
motion
Stay Case Compel
Wed 05/17 9:10 PM
MOTION to Stay Case , MOTION to Compel Arbitration by ASC Group, LLC, Joseph Aaron Rosenthal. (Rosen, Gene) |
|
| Tuesday, May 16, 2023 | ||
| 17 | 17
misc
Disclosure Statement - LLC
Tue 05/16 11:06 AM
DISCLOSURE STATEMENT - LLC by ASC Group, LLC, Joseph Aaron Rosenthal .(Rosen, Gene) |
|
|
Att: 1
Disclosure Statement Identifying Constituents of LLC
|
||
| 16 | 16
notice
Entry of Appearance
Tue 05/16 11:04 AM
ENTRY of Appearance by Gene Rosen on behalf of ASC Group, LLC, Joseph Aaron Rosenthal (Rosen, Gene) |
|
| 15 | 15
1
pgs
order
Order on Motion for Leave to
Tue 05/16 10:37 AM
ORDER granting12 Motion for Relief from Requirement to Associate with Local Counsel. Signed by Judge Scott L. Palk on 5/16/23. (ms) |
|
| 14 | 14
notice
Entry of Appearance
Tue 05/16 9:24 AM
ENTRY of Appearance by Jim D Dowell on behalf of Dustin Donley Construction Services LLC (Dowell, Jim) |
|
| Monday, May 15, 2023 | ||
| 13 | 13
respm
Affidavit in Support of Motion
Mon 05/15 11:50 PM
AFFIDAVIT in Support re12 MOTION for Leave to Proceed Without Local Counsel filed by ASC Group, LLC, Joseph Aaron Rosenthal.(Rosen, Gene) |
|
|
Att: 1
Exhibit A - Agreements to Arbitrate
|
||
| 12 | 12
motion
Leave
Mon 05/15 11:47 PM
MOTION for Leave to Proceed Without Local Counsel by ASC Group, LLC, Joseph Aaron Rosenthal. (Rosen, Gene) |
|
| Monday, March 27, 2023 | ||
| 11 | 11
service
Summons Issued
Mon 03/27 5:03 PM
Summons Issued Electronically as to ASC Group, LLC, Joseph Aaron Rosenthal. (dtb) |
|
| Friday, March 24, 2023 | ||
| 10 | 10
cmp
Amended Complaint
Fri 03/24 2:01 PM
AMENDED COMPLAINT against JOHN DOE, 3, JOHN DOE, 1, JOHN DOE, 4, JOHN DOE, 2, Joseph Aaron Rosenthal, ASC Group, LLC filed by Dustin Donley Construction Services LLC.(Dowell, Jim) |
|
| Friday, March 10, 2023 | ||
| 9 | 9
1
pgs
order
Order
Fri 03/10 1:38 PM
ORDER re8 Response to Order to Show Cause filed by Dustin Donley Construction Services LLC. Plaintiff shall file its amended complaint on or before March 31, 2023. The Plaintiff is granted an extension of time until May 31, 2023 to effect service. Signed by Judge Scott L. Palk on 3/10/23. (ms) Modified on 3/10/2023 (ms) |
|
| Thursday, March 09, 2023 | ||
| 8 | 8
respm
Response to Order to Show Cause
Thu 03/09 11:04 AM
RESPONSE TO ORDER TO SHOW CAUSE filed by Dustin Donley Construction Services LLC.(Dowell, Jim) |
|
|
Att: 1
Exhibit 1 - Jan. 31 Optimum Bank letter,
|
||
|
Att: 2
Exhibit 2 - Dowell Feb. 1 email
|
||
| 7 | 7
1
pgs
order
Order to Show Cause
Thu 03/09 8:44 AM
ORDER TO SHOW CAUSE Plaintiff is directed to show cause no later than March 15, 2023, why this action should not be dismissed without prejudice for failure to effect service of process within ninety days from the filing of the Complaint. See Fed. R. Civ. P. 4(m). In the absence of such a showing, this action may be dismissed without further notice to Plaintiff. Signed by Judge Scott L. Palk on 3/9/23. (ms) |
|
| Thursday, February 09, 2023 | ||
| 6 | 6
misc
Disclosure Statement - LLC
Thu 02/09 1:41 PM
DISCLOSURE STATEMENT - LLC by Dustin Donley Construction Services LLC . (Dowell, Jim) |
|
| Wednesday, January 18, 2023 | ||
| 5 | 5
notice
Notice of Subpoena
Wed 01/18 12:46 PM
NOTICE of Subpoena by Dustin Donley Construction Services LLC (on Optimum Bank) (Dowell, Jim) |
|
| Wednesday, December 28, 2022 | ||
| 4 | 4
4
pgs
order
Order on Motion for Leave to
Wed 12/28 2:58 PM
ORDER granting3 Motion for Leave to Conduct Early Discovery Into the Identity of Defendants. Signed by Judge Scott L. Palk on 12/28/22. (ms) |
|
| Monday, December 19, 2022 | ||
| 3 | 3
motion
Leave
Mon 12/19 4:29 PM
MOTION for Leave to Conduct Early Discovery into the Identify of Defendants by Dustin Donley Construction Services LLC. (Dowell, Jim) |
|
| Wednesday, November 30, 2022 | ||
| 2 | 2
misc
Receipt
Wed 11/30 3:15 PM
Receipt for Money Received from Dustin Donley Construction Services LLC in the amount of $402, receipt number OKW500092981. (rr) |
|
| Monday, November 28, 2022 | ||
| 1 | 1
cmp
Complaint
Mon 11/28 1:46 PM
COMPLAINT against JOHN DOE, 3, JOHN DOE, 1, JOHN DOE, 4, JOHN 5 DOE, JOHN DOE, 2 filed by Dustin Donley Construction Services LLC.(rr) |
|
|
Att: 1
Civil Cover Sheet
|
||