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Robert Clayton Vilt v. Foris DAX, Inc.
(4:23-cv-01685)
District Court, S.D. Texas, Judge Keith Ellison
MAY 10, 2023 | REPUBLISHED BY LIT: MAY 18, 2023
MAY 18, 26, JUN 2, JUN 24, AUG. 3, AUG 18, NOV 14, 2023
MAY 1 JUL 2, 2024, AUG 7, NOV. 1, 2024
Bandit Lawyer Clay Vilt files Amended Complaint on Jul 31 and retracts on Aug. 3, 2024.
Above is the date LIT Last updated this article.
Signed Waiver returned in rapid time.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-01685
| Vilt v. Foris DAX, Inc. Assigned to: Judge Keith P Ellison Demand: $2,078,722,000 Cause: 28:1332 Diversity-Breach of Fiduciary Duty |
Date Filed: 05/05/2023 Jury Demand: None Nature of Suit: 150 Contract: Recovery/Enforcement Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/31/2024 | 42 | Third AMENDED COMPLAINT against Foris DAX, Inc. filed by Robert C. Vilt. Related document: 30 Amended Complaint/Counterclaim/Crossclaim etc.,,,,, filed by Robert C. Vilt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67) (Vilt, Robert) (Entered: 07/31/2024) |
| 08/03/2024 | 43 | NOTICE of Retraction re: 42 Amended Complaint/Counterclaim/Crossclaim etc.,,,,, by Robert C. Vilt, filed. (Vilt, Robert) (Entered: 08/03/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 08/07/2024 13:04:35 |
ORDER
On March 4, 2024, the Court held a hearing on Defendant XR Trading’s Motion to Dismiss, ECF No. 34.
At that hearing, the Court concluded that it lacks personal jurisdiction over XR Trading.
Accordingly, XR Trading’s Motion to Dismiss is GRANTED.
Plaintiff’s claims against XR Trading are DISMISSED WITHOUT PREJUDICE.
See ITL Int’l, Inc. v. Cafe Soluble, S.A., 464 F. App’x 241, 244 (5th Cir. 2012)
(holding that dismissal for lack of personal jurisdiction is not an adjudication on the merits and must be without prejudice).
IT IS SO ORDERED.
Signed at Houston, Texas on March 4, 2024.
Keith P. Ellison
United States District Judge
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-01685
| Vilt v. Foris DAX, Inc. Assigned to: Judge Keith P Ellison Demand: $2,078,722,000 Cause: 28:1332 Diversity-Breach of Fiduciary Duty |
Date Filed: 05/05/2023 Jury Demand: Plaintiff Nature of Suit: 150 Contract: Recovery/Enforcement Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/15/2023 | 27 | CORPORATE DISCLOSURE STATEMENT by XR Trading, LLC identifying XR Group LLC as Corporate Parent, filed.(Meyer, Ryan) (Entered: 11/15/2023) |
| 11/15/2023 | 28 | CERTIFICATE OF INTERESTED PARTIES by Robert C. Vilt, filed.(Vilt, Robert) (Entered: 11/15/2023) |
| 11/15/2023 | 29 | INITIAL DISCLOSURES by Robert C. Vilt, filed.(Vilt, Robert) (Entered: 11/15/2023) |
| 11/16/2023 | 30 | Second AMENDED COMPLAINT with Jury Demand against All Defendants filed by Robert C. Vilt. Related document: 6 Amended Complaint/Counterclaim/Crossclaim etc.,,,,, filed by Robert C. Vilt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65)(Vilt, Robert) (Entered: 11/16/2023) |
| 11/16/2023 | 31 | Request for Issuance of Summons as to Paul Viera, filed.(Vilt, Robert) (Entered: 11/16/2023) |
| 11/17/2023 | 32 | Summons Issued as to Paul Viera. Issued summons delivered to plaintiff by NEF, filed.(AkeitaMichael, 4) (Entered: 11/17/2023) |
| 11/17/2023 | 33 | Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(AkeitaMichael, 4) (Entered: 11/17/2023) |
| 11/27/2023 | 34 | MOTION to Dismiss 30 Amended Complaint/Counterclaim/Crossclaim etc.,,,,, by XR Trading, LLC, filed. Motion Docket Date 12/18/2023. (Meyer, Ryan) (Entered: 11/27/2023) |
| 12/20/2023 | 35 | RESPONSE to 34 MOTION to Dismiss 30 Amended Complaint/Counterclaim/Crossclaim etc.,,,,, filed by Robert C. Vilt. (Attachments: # 1 Proposed Order Denying Defendant XR Trading, LLC’s Motion to Dismiss)(Vilt, Robert) (Entered: 12/20/2023) |
| 12/27/2023 | 36 | REPLY in Support of 34 MOTION to Dismiss 30 Amended Complaint/Counterclaim/Crossclaim etc.,,,,, , filed by XR Trading, LLC. (Attachments: # 1 Proposed Order)(Meyer, Ryan) (Entered: 12/27/2023) |
| 12/30/2023 | 37 | SURREPLY to 34 MOTION to Dismiss 30 Amended Complaint/Counterclaim/Crossclaim etc.,,,,, , filed by Robert C. Vilt. (Vilt, Robert) (Entered: 12/30/2023) |
| 01/03/2024 | 38 | MOTION to Appear Pro Hac Vice for Patrick M. Smith (Fee Paid: $100, receipt number ATXSDC-31002951) by XR Trading, LLC, filed. Motion Docket Date 1/24/2024. (Attachments: # 1 Certificate of Admission To the Bar of Illinois)(Smith, Patrick) (Entered: 01/03/2024) |
| 01/10/2024 | 39 | ORDER granting 38 Motion for Patrick M. Smith to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Keith P Ellison) Parties notified.(FrancesCarbia, 2) (Entered: 01/10/2024) |
| 02/27/2024 | 40 | NOTICE of Setting as to 34 MOTION to Dismiss 30 Amended Complaint/Counterclaim/Crossclaim etc.,,,,, . Parties notified. Motion Hearing set for 3/4/2024 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (ArturoRivera, 4) (Entered: 02/27/2024) |
| 03/04/2024 | 41 | ORDER (Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 03/06/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 05/01/2024 09:27:01 |
NOTICE of Setting. Parties notified.
Initial Conference reset for 11/16/2023 at 02:30 PM in by telephone before Judge Keith P Ellison, filed.
(ArturoRivera, 4) (Entered: 10/19/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-01685
| Vilt v. Foris DAX, Inc. Assigned to: Judge Keith P Ellison Demand: $2,078,722,000 Cause: 28:1332 Diversity-Breach of Fiduciary Duty |
Date Filed: 05/05/2023 Jury Demand: None Nature of Suit: 150 Contract: Recovery/Enforcement Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/23/2023 | 22 | NOTICE of Setting. Parties notified. Initial Conference reset for 10/26/2023 at 09:00 AM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 08/23/2023) |
| 10/06/2023 | 23 | MOTION for Leave to File Plaintiff’s Second Amended Complaint and Request for Jury Trial by Robert C. Vilt, filed. Motion Docket Date 10/27/2023. (Attachments: # 1 Exhibit A, # 2 Proposed Order Granting Motion for Leave to Amend Pleadings)(Vilt, Robert) (Entered: 10/06/2023) |
| 10/16/2023 | 24 | Unopposed MOTION for Extension of Time to File an Answer or Otherwise Respond until 14 Days After the Court Grants or Denies Plaintiff’s Motion for Leave to File Second Amended Complaint by XR Trading, LLC, filed. Motion Docket Date 11/6/2023. (Attachments: # 1 Proposed Order)(Meyer, Ryan) (Entered: 10/16/2023) |
| 10/16/2023 | 25 | ORDER granting 24 Motion for Extension of Time; Motion-related deadline set re: 24 Unopposed MOTION for Extension of Time to File an Answer or Otherwise Respond until 14 Days After the Court Grants or Denies Plaintiff’s Motion for Leave to File Second Amended Complaint..(Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 10/16/2023) |
| 10/19/2023 | 26 | NOTICE of Setting. Parties notified. Initial Conference reset for 11/16/2023 at 02:30 PM in by telephone before Judge Keith P Ellison, filed. (ArturoRivera, 4) (Entered: 10/19/2023) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 11/14/2023 15:01:01 |
Order on Motion for Extension of Time
Return of Service Executed
Compare to Joanna Burke’s Complaint and attached A0 398 form(s) – NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS – which she sent to Christina Gardner, 5th Cir. clerk and lawyers Mark and Shelley Hopkins et al a month ago and it’s radio silence from these legal rogues. And also, considering the 5th Cir. (Banana Republic’s) opinion about process of service this week which we released on LIT.
These defendants were given 45 days to respond, so a couple of weeks still remain, but still…you’d think they’d have returned the waivers by now.
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 8/25/2023 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison.
(Signed by Judge Keith P Ellison) Parties notified.(RachelWillborg, 4) (Entered: 05/08/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-01685
| Vilt v. Foris DAX, Inc. Assigned to: Judge Keith P Ellison Demand: $2,078,722,000 Cause: 28:1332 Diversity-Breach of Fiduciary Duty |
Date Filed: 05/05/2023 Jury Demand: None Nature of Suit: 150 Contract: Recovery/Enforcement Jurisdiction: Diversity |
| Plaintiff | ||
| Robert C. Vilt | represented by | Robert Clayton Vilt Vilt and Associates – TX, P.C. 5177 Richmond Ave Ste 1142 Houston, TX 77056 713-840-7570 Fax: 713-877-1827 Email: clay@viltlaw.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Foris DAX, Inc. | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 05/05/2023 | 1 | COMPLAINT against Foris DAX, Inc. (Filing fee $ 402 receipt number ATXSDC-29873354) filed by Robert C. Vilt. (Attachments: # 1 Affidavit of Robert C. Vilt, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Vilt, Robert) (Entered: 05/05/2023) |
| 05/05/2023 | 2 | Request for Issuance of Summons as to Foris DAX, Inc., filed.(Vilt, Robert) (Entered: 05/05/2023) |
| 05/08/2023 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/25/2023 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(RachelWillborg, 4) (Entered: 05/08/2023) |
| 05/09/2023 | 4 | Summons Issued as to Foris DAX, Inc.. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) (Entered: 05/09/2023) |
| 05/10/2023 | 5 | WAIVER OF SERVICE Returned Executed as to Foris DAX, Inc. served on 5/10/2023, answer due 7/10/2023, filed.(Vilt, Robert) (Entered: 05/10/2023) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 05/18/2023 17:54:37 |
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