This case was last updated from U.S. District Courts on 12/10/2021 at 08:08:06 (UTC).

Alkins Capital Investments, Ltd. et al v. Cathay Bank

Case Summary

On 10/11/2021 Alkins Capital Investments, Ltd filed a Contract - Other Contract lawsuit against Cathay Bank. This case was filed in U.S. District Courts, Texas Southern District. The Judge overseeing this case is Kenneth M Hoyt. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    4:21-CV-03323

  • Filing Date:

    10/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Kenneth M Hoyt

 

Party Details

Plaintiffs and Counter Defendants

Alkins Capital Investments, Ltd.

Ningbo Xu

Defendant and Counter Claimant

Cathay Bank

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorney

James Nathan Overstreet

Attorney at J Nathan Overstreet and Assoc PC

8711 Hwy 6 North, Suite 230

Houston, TX 77095

Defendant and Counter Claimant Attorneys

Jason Levi Sanders

Attorney at Sanders Collins PLLC

325 N St Paul St., Suite 3100

Dallas, TX 75201

Caroline Elizabeth Allen

Attorney at Sanders Collins, PLLC

325 N. St. Paul St., Ste. 3100

Dallas, TX 75201

 

Docket Entries

  • 12/06/2021
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  • Docket(#13) Unopposed MOTION for Extension of Time to File Reply to Plaintiffs' Opposition to Cathay Bank's Motion to Dismiss by Cathay Bank, filed. Motion Docket Date 12/27/2021. (Attachments: #1 Proposed Order Granting Motion)(Sanders, Jason) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#12) NOTICE of Appearance by Caroline E. Allen on behalf of Cathay Bank, filed. (Allen, Caroline) (Entered: 12/06/2021)

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  • 11/30/2021
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  • Docket(#11) AMENDED ANSWER to #8 Counterclaim,, by Alkins Capital Investments, Ltd., filed. (Overstreet, James) (Entered: 11/30/2021)

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  • 11/29/2021
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  • Docket(#10) RESPONSE in Opposition to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support, filed by Alkins Capital Investments, Ltd.. (Attachments: #1 Exhibit Affidavit of Service)(Overstreet, James) (Entered: 11/29/2021)

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  • 11/10/2021
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  • Docket(#9) Summons Issued as to Cathay Bank. Issued summons delivered to plaintiff by NEF, filed.(RachelSalazar, 4) (Entered: 11/10/2021)

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  • 11/09/2021
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  • Docket(#8) COUNTERCLAIM against All Plaintiffs filed by Cathay Bank. (Attachments: #1 Exhibit 1 Loan Agreement, #2 Exhibit 2 Promissory Note, #3 Exhibit 3 DOT & Security Agreement, #4 Exhibit 4 Security Agreement, #5 Exhibit 5 Guaranty Agreement, #6 Exhibit 6 Notice of Default 3-31-17, #7 Exhibit 7 May Forebearance Agreement, #8 Exhibit 8 Notice of Default 6-12-17, #9 Exhibit 9 Notice of Expiration of Forebearance, #10 Exhibit 10 Notice of August Sale, #11 Exhibit 11 July Forebearance Agreement, #12 Exhibit 12 Notice of October Sale, #13 Exhibit 13 Affidavit of Mailing Notice, #14 Exhibit 14 Affidavit of Posting & Filing Notice, #15 Exhibit 15 Substitute Trustees Deed & Bill of Sale)(Sanders, Jason) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#7) Request for Issuance of Summons as to Cathay Bank, filed.(Overstreet, James) (Entered: 11/09/2021)

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  • 11/03/2021
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  • Docket(#6) Unopposed MOTION for Extension of Time File Response to Motion to Dismiss by Ningbo Xu, filed. Motion Docket Date 11/24/2021. (Attachments: #1 Exhibit)(Overstreet, James) (Entered: 11/03/2021)

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  • 10/24/2021
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  • Docket(#5) ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 2/3/2022 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 10/24/2021)

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  • 10/18/2021
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  • Docket(#4) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Brief in Support by Cathay Bank, filed. Motion Docket Date 11/8/2021. (Attachments: #1 Appendix Appendix ISO Mot2Dismiss, #2 Proposed Order Order Granting Mot2Dismiss)(Sanders, Jason) (Entered: 10/18/2021)

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  • 10/11/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT by Cathay Bank, filed.(Sanders, Jason) (Entered: 10/11/2021)

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  • 10/11/2021
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  • Docket(#2) CERTIFICATE OF INTERESTED PARTIES by Cathay Bank, filed.(Sanders, Jason) (Entered: 10/11/2021)

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  • 10/11/2021
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  • Docket(#1) NOTICE OF REMOVAL from 113th District Court of Harris Co., Texas, case number 2021-53393 (Filing fee $ 402 receipt number 0541-27172869) filed by Cathay Bank. (Attachments: #1 Civil Cover Sheet CCS, #2 Exhibit A Index of Matters Filed, #3 Exhibit A-1 State Court Docket Sheet, #4 Exhibit A-2 Plaintiffs Original Petition, #5 Exhibit A-3 Citation, #6 Exhibit A-4 Affidavit of Service, #7 Exhibit B List of All Counsel of Record, #8 Exhibit C Alkins Certificate of Formation)(Sanders, Jason) (Entered: 10/11/2021)

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