U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:12-cv GCM

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1 US District Court Civil Docket as of July 3, 2013 Retrieved from the court on July 8, 2013 U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:12-cv GCM Belsome et al v. Rex Venture Group LLC et al Date Filed: 12/04/2012 Assigned to: Senior Judge Graham Mullen Jury Demand: Plaintiff Case in other court: Louisiana Eastern, 2:12-cv Nature of Suit: 850 Cause: 15:78m(a) Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Date Filed # Docket Text 08/24/ COMPLAINT with jury demand against All Defendants (Filing fee $ 350 receipt number 053L ) filed by Johnny Belsome, Timothy Allen, Jody Hinkley, Donald Marcel, Keith Hinkley, Starr Atchison, Edward Thiel, Brett Hunter, Tara Belsome. (Attachments: # 1 Civil Cover Sheet)(Michaud, Marc) Modified on 8/31/2012 (gec, ). [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 08/24/2012) 08/27/ Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Sally Shushan. (jmd, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 08/27/2012) 08/27/ Summons Issued as to Paul R. Burks, Rex Venture Group LLC d/b/a ZeekRewards.com. (clm, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 08/27/2012) 10/11/ Summons Submitted for Issuance (Michaud, Marc) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/11/2012) 10/12/ Summons Issued as to Paul R. Burks. (gec, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/12/2012) - 10/23/ SUMMONS Returned Executed; Paul R. Burks served on 10/16/2012, answer due 11/6/2012. (Michaud, Marc) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/23/2012) 10/25/ EXPARTE/CONSENT MOTION to Intervene by Kenneth D Bell. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Barrasso, Judy) (Additional attachment(s) added on 10/26/2012: # 5 Proposed Pleading - Motion, # 6 Proposed Pleading - Memorandum, # 7 Pleading - Notice of Submission, # 8 Proposed Pleading - Proposed Order) (gec, ). [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/25/2012) 10/25/ EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L ) by Kenneth D Bell. (Attachments: # 1 Affidavit and Certificate of Good Standing, # 2 Proposed Order)(Barrasso, Judy) Modified on 10/26/2012 (gec, ). [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/25/2012)

2 10/25/ **ERROR: FILED AS A SEPARATE DOCUMENT; NOW ATTACHED TO REC. DOC. 7** MOTION to Stay Proceedings and Transfer Action by Kenneth D Bell. Motion set for 11/21/ :30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Barrasso, Judy) Modified on 10/26/2012 (gec, ). [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/25/2012) 10/26/ Correction of Docket Entry by Clerk re 9 MOTION to Stay Proceedings and Transfer Action. Motion to Stay was incorrectly filed as a separate document instead of an attachment to 7 Motion to Intervene. Clerk took corrective action. No further action is needed. (gec, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/26/2012) 10/30/ ORDER granting 8 Motion to Appear Pro Hac Vice as to Irving M. Brenner on behalf of the Intervenor, Kenneth Bell. Signed by Judge Carl Barbier on 10/29/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/30/2012) 10/30/ ORDER granting 7 Motion to Intervene; ORDERED that Kenneth D. Bell as Receiver of Rex Venture Group, LLC is hereby allowed to intervene of right in this action. Signed by Judge Carl Barbier on 10/29/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/30/2012) 10/30/ MOTION to Stay, MOTION to Transfer Case by Kenneth D Bell. Motion set for 11/21/ :30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 10/30/2012) 11/01/ ANSWER to 1 Complaint, by Kenneth D Bell.(Barrasso, Judy) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/01/2012) 11/05/ EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Rachel I. Conner by Paul R. Burks. (Attachments: # 1 Proposed Order)(Conner, Rachel) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/05/2012) 11/05/ EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by Paul R. Burks. (Attachments: # 1 Proposed Order)(Conner, Rachel) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/05/2012) 11/05/ EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jacob H. Sussman (Filing fee $ 100 receipt number 053L ) by Paul R. Burks. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Exhibit Certificate of Good Standing)(Conner, Rachel) Modified on 11/6/2012 (gec, ). [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/05/2012) 11/05/ EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Noell Tin (Filing fee $ 100 receipt number 053L ) by Paul R. Burks. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Exhibit Certificate of Good Standing)(Conner, Rachel)[Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/05/2012) 11/05/ MOTION to Stay and Transfer by Paul R. Burks. Motion set for 11/21/ :30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Agreement, # 3 Notice of Submission, # 4 Proposed Order)(Conner, Rachel) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/05/2012)

3 11/06/ ORDER granting 15 Motion to Enroll Rachel I. Conner as Counsel of Record for Defendant Paul Burks. Signed by Judge Carl Barbier on 11/6/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/06/2012) 11/06/ ORDER granting 16 Defendant Paul Burks' Motion for Extension of Time to Answer re 1 Complaint. Signed by Judge Carl Barbier on 11/6/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/06/2012) 11/07/ ORDER granting 17 Motion to Appear Pro Hac Vice as to Jacob H. Sussman on behalf of Defendant, Paul Burks. Signed by Judge Carl Barbier on 11/6/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/07/2012) 11/07/ ORDER granting 18 Motion to Appear Pro Hac Vice as to Noel P. Tin on behalf of Defendant Paul Burks. Signed by Judge Carl Barbier on 11/6/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/07/2012) 11/13/ RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 19 MOTION to Stay and Transfer, 13 MOTION to Stay MOTION to Transfer Case. (Michaud, Marc) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/13/2012) 11/13/ Request/Statement of Oral Argument by All Plaintiffs regarding 19 MOTION to Stay and Transfer, 13 MOTION to Stay MOTION to Transfer Case (Attachments: # 1 Proposed Order)(Michaud, Marc) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/13/2012) 11/15/ EXPARTE/CONSENT MOTION to Continue Oral Argument by Kenneth D Bell. (Attachments: # 1 Proposed Order)(Barrasso, Judy) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/15/2012) 11/16/ ORDERED that the hearing dates for Intervenor Kenneth Bell and Defendant Paul Burk's Motions to Stay and Transfer (Rec. Docs. 13, 19 ), which are currently set for Wednesday, November 21, 2012, are RESET for hearing on Wednesday, December 5, 2012, at 9:30 a.m., with oral argument. Signed by Judge Carl Barbier on 11/16/12.(sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/16/2012) 11/20/ EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Kenneth D Bell by Kenneth D Bell. (Attachments: # 1 Affidavit Of Kenneth D. Bell, # 2 Certificate of Good Standing, # 3 Proposed Order)(Barrasso, Judy) Modified on 11/21/2012 (gec, ). [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/20/2012) 11/21/ Correction of Docket Entry by Clerk re 28 MOTION to Enroll as Counsel of Record. Filing attorney selected incorrect event. Correct event is Motion to Appear Pro Hac Vice. Clerk took corrective action by changing the event. Filing Fee is DUE ($100). (gec, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/21/2012) 11/21/ EXPARTE/CONSENT Second MOTION for Extension of Time to Answer 1 Complaint by Paul R. Burks. (Attachments: # 1 Proposed Order, # 2 Pro Hac Vice Order)(Sussman, Jacob) Modified on 11/21/2012 (gec, ). [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/21/2012) 11/21/ Correction of Docket Entry by Clerk re 30 Second MOTION for Extension of Time to Answer re 1 Complaint, MOTION for Extension of Deadlines. Filing attorney incorrectly selected additional event, motion for extension of deadlines. Also, the title of the attached proposed order should not include the word Proposed but only reflect -

4 Order on the actual document. No further action is necessary. (gec, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/21/2012) 11/21/2012 Filing fee paid from Kenneth D Bell re 28 Motion to Appear Pro Hac Vice (Filing fee $ 100) (cl, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/28/2012) 11/26/ ORDERED that Defendant Paul Burks' Second Motion for Extension of Time to Plead (Rec. Doc. 30 ) is GRANTED. Defendant Paul Burks shall have an extension of seven (7) days following the resolution of Intervenor Kenneth Bell and Defendant Paul Burks' Motions to Stay and Transfer (Rec. Docs. 13, 19) to file a response to Plaintiffs' Complaint. Signed by Judge Carl Barbier on 11/26/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/26/2012) 11/27/ EXPARTE/CONSENT MOTION for Leave to File Reply by Paul R. Burks. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Affidavit, # 5 Proposed Order)(Tin, Noell) Modified on 11/28/2012 (gec, ). [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/27/2012) 11/28/ ORDER granting 33 Motion for Leave to File Reply. Signed by Judge Carl Barbier on 11/28/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/28/2012) 11/28/ RESPONSE/MEMORANDUM in Support filed by Paul R. Burks re 19 MOTION to Stay and Transfer. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Affidavit)(sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/28/2012) 11/28/ EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Kenneth D Bell. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum in Support of Motion to Stay Proceedings and Transfer Action to the Western District of North Carolina, # 3 Exhibit 1)(Barrasso, Judy) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/28/2012) 11/28/ ORDER granting 36 Motion for Leave to File Reply Memorandum. Signed by Judge Carl Barbier. (ecm, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/28/2012) 11/28/ REPLY MEMORANDUM filed by Kenneth D Bell, in Support of 19 MOTION to Stay and Transfer. (Attachments: # 1 Exhibit 1)(ecm, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 11/28/2012) 12/03/ ORDERED that the oral argument currently set for Wednesday, December 5, 2012, at 9:30 a.m. is CANCELLED. Signed by Judge Carl Barbier on 12/3/12.(sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 12/03/2012) 12/03/ ORDER granting 28 Motion to Appear Pro Hac Vice as to Kenneth D. Bell on behalf of the Receiver of Rex Venture Group, LLC. Signed by Judge Carl Barbier on 12/3/12. (sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 12/03/2012) 12/03/ ORDER & REASONS: ORDERED that Intervenor Kenneth Bell's and Defendant Paul Burks' Motions to Stay and Transfer (Rec. Docs. 13, 19 ) are GRANTED. FURTHER ORDERED that this matter is TRANSFERRED to the United States District Court for the Western District of North Carolina. Signed by Judge Carl Barbier on 12/3/12.(sek, ) [Transferred from Louisiana Eastern on 12/4/2012.] (Entered: 12/03/2012)

5 12/04/ Case transferred in from District of Louisiana Eastern; Case Number 2:12-cv Original electronic file and docket sheet received. (Entered: 12/04/2012) 12/04/2012 Case assigned to Senior Judge Graham Mullen. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document. (bsw) (Entered: 12/04/2012) 12/04/2012 Notice to Judy Barrosso, Rachel Conner, Marc Michaud, Sarah Rubin: Pursuant to Local Rule 83.1 you are required to Register for ECF at and File a motion pro hac vice. Deadline by 12/14/2012. (bsw) (Entered: 12/04/2012) 01/11/ NOTICE of Appearance by James W. Kilbourne, Jr on behalf of All Plaintiffs (Kilbourne, James) (Entered: 01/11/2013) 01/11/ MOTION for Leave to Appear Pro Hac Vice as to Marc R. Michaud Filing fee $ 276, receipt number by Timothy Allen, Starr Atchison, Johnny Belsome, Tara Belsome, Jody Hinkley, Keith Hinkley, Brett Hunter, Donald Marcel, Edward Thiel. (Kilbourne, James) (Entered: 01/11/2013) 01/14/ ORDER granting 44 Motion for Leave to Appear Pro Hac Vice. Signed by Senior Judge Graham Mullen on 1/14/2013. (blf) (Entered: 01/14/2013) 07/03/ ORDER STAYING CASE re: 13 Motion to stay. Signed by Senior Judge Graham Mullen on 7/3/2013. (tmg) (Entered: 07/03/2013) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at