AdvanceMe Inc v. RapidPay LLC

Filing 100

ORDER Setting Hearing on Motion 33 MOTION for Default Judgment as to RapidPay, LLC: Motion Hearing set for 10/30/2006 09:00 AM before Magistrate Judge John D. Love in Tyler. Court requests any party knowing of an address where Rapidpay may be reached contact the Court with that information. Signed by Judge John D. Love on 9/8/06. (mjc )

AdvanceMe Inc v. RapidPay LLC

Doc. 100

Case 6:05-cv-00424-LED

Document 100

Filed 09/08/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. Plaintiff, vs. RAPIDPAY, LLC, BUSINESS CAPITALCORPORATION, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC and FAST TRANSACT, INC. dba SIMPLE CASH Defendants. § § § § § § § § § § § §

CIVIL ACTION NO. 6:05cv424

ORDER
B e fo re the Court is Plaintiff AdvanceMe, Inc.'s ("AdvanceMe") motion for default judgment a g a i n s t Defendant, Rapidpay LLC ("Rapidpay") (Doc. No. 33). The Court hereby sets AdvanceMe's m o tio n for hearing on Monday, October 30, 2006 at 9:00 am before the Honorable John D. Love in the Federal Courthouse Tyler, Texas. This motion was previously set for hearing on June 7, 2006, a n d continued to June 15, 2006. AdvanceMe then notified the Court that Rapidpay had, in fact, filed fo r bankruptcy protection in the Southern District of New York, in case number 06-10453BRL. U p o n notice of the bankruptcy proceeding and resulting stay, this Court canceled the hearing it had p r e v i o u s l y set on the motion for default. O n July 31, 2006, AdvanceMe notified the Court that Rapidpay had been dismissed from b a n k ru p tc y. AdvanceMe attached a copy of an Order Dismissing Chapter 11 Bankruptcy Pursuant to § 1112(B)(1) of the Bankruptcy Code, entered July 25, 2006 by the Honorable Burton R. Lifland, U n i te d States Bankruptcy Judge. Because of the dismissal of the bankruptcy, and the resulting lifting o f the automatic stay, AdvanceMe reurged its Motion for Default Judgment against Rapidpay. In setting the current hearing on the motion, the Court would again note that Rapidpay has

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 100

Filed 09/08/2006

Page 2 of 2

not filed anything with the Court since February 17, 2006 when its sole attorney in this matter, Guy H a rri s o n , sought to withdraw as attorney (Doc. 18). The Court granted Mr. Harrison's motion on F e b ru a r y 23, 2006 (Doc. 19). Rapidpay has not secured counsel to replace Mr. Harrison, so notice o f filings has been sent to Rapidpay's president, Stephanie Nimberg, and general counsel, Lawrence M o r r i s o n , at 17 Battery Place, Suite 1330, New York, NY 10004. However, on May 22, 2006, n o tic e s sent to Ms. Nimberg and Mr. Morrison at this address were returned as undeliverable. (Doc. 5 4 , 55). With little reason to believe notice of this order will reach Rapidpay, the Court requests that a n y party knowing of an address where Rapidpay may be reached contact the Court with that

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i n fo r m a t i o n .

So ORDERED and SIGNED this 8th day of September, 2006.

___________________________________ JOHN D. LOVE UNITED STATES MAGISTRATE JUDGE