CourtListener docket, YXS Investments Inc v. Capital Plus Financial LLC, 4:24-cv-00664

Summary

The CourtListener docket for YXS Investments Inc v. Capital Plus Financial LLC, 4:24-cv-00664, in the District Court, N.D. Texas, assigned to Mark Timothy Pittman, filed July 17, 2024 and terminated February 7, 2025. YXS Investments, Inc., Proteck, LLC and FEFO Group, LLC filed a complaint with jury demand, with exhibits labeled LSPA and Settlement Agreement, and summonses issued to Capital Plus Financial, LLC, Crossroads Systems, Inc., Eric Donnelly and Farzana Giga. An order of September 17, 2024 denied Capital Plus Financial's motion to dismiss. Capital Plus Financial filed an answer, a counterclaim and a third party complaint against James Flores and Michael Cota. The October 7, 2024 scheduling order set trial on a four-week docket beginning November 3, 2025 and appointed David Lattimore Evans as mediator.

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YXS Investments Inc v. Capital Plus Financial LLC ( 4:24-cv-00664 )

District Court, N.D. Texas

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Last Updated: July 3, 2025, 3:27 a.m.

Assigned To: Mark Timothy Pittman

Citation: YXS Investments Inc v. Capital Plus Financial LLC, 4:24-cv-00664, (N.D. Tex.)

Date Filed: July 17, 2024

Date Terminated: Feb. 7, 2025

Date of Last Known Filing: Feb. 7, 2025

Cause: 28:1332 Diversity-Other Contract

Nature of Suit: 190 Contract: Other Contract

Jury Demand: Plaintiff

Jurisdiction Type: Diversity

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1

Jul 17, 2024

COMPLAINT WITH JURY DEMAND against All Defendants filed by YXS INVESTMENTS, INC (a Wyoming corporation), PROTECK, LLC (a Delaware limited liability company), FEFO GROUP, LLC (a Delaware limited liability company). (Filing fee $405; Receipt number ATXNDC-14768123) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1 - LSPA, # 2 Exhibit(s) 2 - Settlement Agreement, # 3 Exhibit(s) 3 - Feb. 2022 Email, # 4 Cover Sheet, # 5 Cover Sheet Supplement) (Mureen, Jonathan) (Entered: 07/17/2024)

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Complaint

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Att ach­ment 1

Exhibit(s) 1 - LSPA

Att ach­ment 2

Exhibit(s) 2 - Settlement Agreement

Att ach­ment 3

Exhibit(s) 3 - Feb. 2022 Email

Att ach­ment 4

Cover Sheet

Att ach­ment 5

Cover Sheet Supplement

2

Jul 17, 2024

Request for Clerk to issue Summonses to all defendants filed by FEFO GROUP, LLC (a Delaware limited liability company), PROTECK, LLC (a Delaware limited liability company), YXS INVESTMENTS, INC (a Wyoming corporation). (Mureen, Jonathan) (Entered: 07/17/2024)

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3

Jul 17, 2024

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by FEFO Group LLC, Proteck LLC, YXS Investments Inc. (Clerk QC note: No affiliate entered in ECF). (Mureen, Jonathan) (Entered: 07/17/2024)

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4

Jul 17, 2024

New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (saw) (Entered: 07/18/2024)

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5

Jul 18, 2024

Summons Issued as to Capital Plus Financial, LLC, Crossroads Systems, Inc., Eric Donnelly, Farzana Giga. (saw) (Entered: 07/18/2024)

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6

Jul 18, 2024

NOTICE of Attorney Appearance by John A Tancabel on behalf of FEFO Group, LLC, Proteck, LLC, YXS Investments, Inc.. (Filer confirms contact info in ECF is current.) (Tancabel, John) (Entered: 07/18/2024)

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7

Jul 18, 2024

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney David S. Norris (Filing fee $100; Receipt number ATXNDC-14772257) filed by FEFO Group, LLC, Proteck, LLC, YXS Investments, Inc. (Attachments: # 1 Proposed Order) (Tancabel, John) (Entered: 07/18/2024)

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8

Jul 18, 2024

ORDER granting 7 Application for Admission Pro Hac Vice of David S. Norris. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 7/18/2024) (saw) (Entered: 07/18/2024)

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Order on Application for Admission Pro Hac Vice

9

Jul 24, 2024

Request for Clerk to issue Summons filed by FEFO Group, LLC, Proteck, LLC, YXS Investments, Inc.. (Mureen, Jonathan) (Entered: 07/24/2024)

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10

Jul 25, 2024

Summons Reissued as to Eric Donnelly. (bdb) (Entered: 07/25/2024)

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11

Jul 25, 2024

Request for Clerk to issue Summons filed by FEFO Group, LLC, Proteck, LLC, YXS Investments, Inc.. (Mureen, Jonathan) (Entered: 07/25/2024)

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12

Jul 25, 2024

AMENDED DOCUMENT by FEFO Group, LLC, Proteck, LLC, YXS Investments, Inc.. Amendment to 3 Cert. Of Interested Persons/Disclosure Statement. . (Mureen, Jonathan) (Entered: 07/25/2024)

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13

Jul 26, 2024

SUMMONS Returned Executed as to Capital Plus Financial, LLC ; served on 7/25/2024. (Mureen, Jonathan) (Entered: 07/26/2024)

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14

Jul 26, 2024

Summons Reissued as to Crossroads Systems, Inc.. (saw) (Entered: 07/26/2024)

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15

Aug 23, 2024

MOTION to Dismiss filed by Capital Plus Financial, LLC (Attachments: # 1 Proposed Order Granting Partial Motion to Dismiss)Attorney Jessica Dale Cox added to party Capital Plus Financial, LLC(pty:dft) (Cox, Jessica) (Entered: 08/23/2024)

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16

Aug 23, 2024

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Capital Plus Financial, LLC. (Clerk QC note: No affiliate entered in ECF). (Cox, Jessica) (Entered: 08/23/2024)

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17

Sep 13, 2024

RESPONSE filed by FEFO Group, LLC, Proteck, LLC, YXS Investments, Inc. re: 15 MOTION to Dismiss (Mureen, Jonathan) (Entered: 09/13/2024)

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18

Sep 17, 2024

ORDER denying 15 MOTION to Dismiss (See order for specifics.) (Ordered by Judge Mark Pittman on 9/17/2024) (saw) (Entered: 09/17/2024)

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Order Setting Deadline/Hearing AND ~Util - Terminate Motions

19

Sep 20, 2024

ORDER: As a result of the Scheduling Conference, counsel must prepare and submit a Report Regarding Contents of Scheduling Order ("Joint Report") by Friday, October 4, 2024. (Ordered by Judge Mark Pittman on 9/20/2024) (saw) (Entered: 09/20/2024)

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Order for Scheduling Order Proposal

20

Sep 24, 2024

NOTICE of Filing of Affidavits re: 18 Order Setting Deadline/Hearing, Terminate Motions filed by Capital Plus Financial, LLC (Attachments: # 1 Affidavit(s) of Britta Stanton, # 2 Affidavit(s) of Jessica Cox) (Stanton, Britta) (Entered: 09/24/2024)

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21

Sep 27, 2024

Defendants' ANSWER to 1 Complaint,,,,, filed by Capital Plus Financial, LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice., THIRD PARTY COMPLAINT against James Flores, Michael Cota filed by Capital Plus Financial, LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against All Plaintiffs filed by Capital Plus Financial, LLC (Stanton, Britta) (Entered: 09/27/2024)

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Answer to Complaint AND Counterclaim AND Third Party Complaint

22

Oct 4, 2024

Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Capital Plus Financial, LLC. (Stanton, Britta) (Entered: 10/04/2024)

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23

Oct 7, 2024

SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning November 3, 2025. Counsel and the Parties must be ready for trial on two days' notice at any time during those four weeks. Joinder of Parties due by 1/3/2025. Amended Pleadings due by 1/3/2025. Discovery due by 7/3/2025. Motions due by 8/15/2025. Pretrial Order due by 10/9/2025. MEDIATION ORDER. The court appoints David Lattimore Evans as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 3/31/2025. (Ordered by Judge Mark Pittman on 10/7/2024) (saw) (Entered: 10/07/2024)

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Order For ADR AND Scheduling Order

24

Oct 18, 2024

MOTION to Dismiss Plaintiffs' and Third-Party Defendants' 12(b)(6) Motion to Dismiss Defendants' Counterclaims filed by Michael Cota, FEFO Group, LLC, James Flores, Proteck, LLC, YXS Investments, Inc. (Attachments: # 1 Exhibit(s) 1 - LSPA, # 2 Exhibit(s) 2 - Settlement Agreement)Attorney David Sean Norris added to party Michael Cota(pty:3pd), Attorney David Sean Norris added to party James Flores(pty:3pd) (Norris, David) (Entered: 10/18/2024)

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25

Oct 24, 2024

NOTICE of Attorney Appearance by Britta E Stanton for Ryan Kemrite on behalf of Capital Plus Financial, LLC, Crossroads Systems, Inc., Eric Donnelly, Farzana Giga. (Stanton, Britta) (Entered: 10/24/2024)

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26

Nov 4, 2024

Joint MOTION for Protective Order Joint Motion for Entry of Partially Agreed Protective Order filed by YXS Investments, Inc., Proteck, LLC, FEFO Group, LLC, James Flores, Michael Cota (Attachments: # 1 Exhibit(s) A - Proposed Protective Order) (Norris, David) (Entered: 11/04/2024)

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27

Nov 5, 2024

ORDER: Before the Court is the Joint Motion for Entry of Protective Order. ECF No. 26 . Having considered the motion, the Court concludes that it is hereby DENIED. (Ordered by Judge Mark Pittman on 11/5/2024) (saw) (Entered: 11/05/2024)

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Order on Motion for Protective Order

28

Nov 8, 2024

RESPONSE filed by Capital Plus Financial, LLC re: 24 MOTION to Dismiss Plaintiffs' and Third-Party Defendants' 12(b)(6) Motion to Dismiss Defendants' Counterclaims (Attachments: # 1 Proposed Order) (Stanton, Britta) (Entered: 11/08/2024)

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29

Nov 22, 2024

REPLY filed by YXS Investments, Inc., Proteck, LLC, FEFO Group, LLC, James Flores, Michael Cota re: 24 MOTION to Dismiss Plaintiffs' and Third-Party Defendants' 12(b)(6) Motion to Dismiss Defendants' Counterclaims (Attachments: # 1 Exhibit(s) 1 - Motion to Dissolve Writ) (Norris, David) (Entered: 11/22/2024)

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30

Nov 25, 2024

MOTION to Strike 29 Reply, filed by Capital Plus Financial, LLC (Attachments: # 1 Proposed Order Granting Motion to Strike, # 2 Proposed Order Granting Motion For Leave) (Cox, Jessica) (Entered: 11/25/2024)

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31

Nov 26, 2024

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Order Setting Deadline/Hearing AND ~Util - Terminate Motions

35

Dec 16, 2024

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Order on Motion to Dismiss

Dec 31, 2024

Order on Motion for Extension of Time to File Answer

40

Jan 8, 2025

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Order on Motion for Leave to File

41

Jan 8, 2025

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Counterclaim AND Third Party Complaint

Jan 21, 2025

Order on Motion for Extension of Time to File Answer

46

Jan 30, 2025

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Order Setting Deadline/Hearing

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