| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/29/2009 | Phone call from Clerk's Office | |
Left msg w/ Mr. Scott checking the status of their motion to reinstate (see call rec'd 12/8/09). Also, was trying to find out who the lead counsel is on the case. Our records indicate that Ms. Snelling is, but her number is not working and SBOT shows that she is now with the Brazos Co. Atty's office.
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| 12/08/2009 | Call received | |
Bally's counsel told BH he thought the other side was going to file a motion to reinstate. He said he was just updating us on the status when he filed his notice of entry of order confirming bankruptcy plan. But he says he'll call the other side and let them know they need to file a motion to reinstate.
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| 12/07/2009 | Notice received | |
PET's "First amended notice of entry of order confirming second amended joint plan of the reorganization of debtors" (12) filed on behalf of Bally Total Fitness Corp.
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| 11/23/2009 | Notice received | |
Notice of entry of Order confirming second amended joint plan of the reorganization of debtors, and, to inform the Court that they will be filing a motion to dismiss proceeding. On behalf of Bally Total Fitness Corp. (12)
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| 11/20/2009 | Call received | |
BH spoked to Josh Eberle, counsel for Bally Total Fitness, who stated that the judgment at issue in this case had been discharged per order of the bankruptcy court. He stated he would file a motion to dismiss attaching the order of the bankruptcy court.
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| 10/31/2007 | Call received | |
From Mr. James Scott. He stated that he would be filing a motion to reinstate the case.
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| 10/30/2007 | Document filed (see remarks) | |
Post-Confirmation Order and Notice and Findings of Fact, Conclusions of Law and Order (I) Approving Disclosure Statement... that was issued in the United States Bankruptcy Court. (12) On behalf of Bally Total Fitness Corp.
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| 10/30/2007 | Phone call from Clerk's Office | |
Left msg w/ Mr. James R. Scott regarding the filing we received today (post-confirmation and findings of fact). Court is needing to find out if he plans of filing a motion to lift the abatement or another motion letting the Court know what he would like to do with this abated case.
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| 08/31/2007 | Order of the Court Issued | Matter in Supreme Court of Texas Abated |
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| 08/23/2007 | Call received | |
Atty., Jim Scott called BH to let the Court know that the Notice of Bankruptcy is in effect and the SC can't rule on the m/e/t to file mo/re.
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| 08/13/2007 | Amendment to Motion filed | |
Amended m/e/t to file mo/re. On behalf of Bally Total Fitness Corp. (12)
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| 08/13/2007 | Phone call from Clerk's Office | |
BH called Mr. Jim Scott (pet's counsel) to confirm the information that Mr. Scott left on BH's AM (see call rec'd). BH left message and request call back.
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| 08/13/2007 | Call received | |
from Mr. Jim Scott (on behalf of Bally Total Fitness Corp.) and left msg on BH's AM regarding the m/e/t to file mo/re. Per Mr. Scott the m/e/t was filed in the wrong Court.
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| 08/10/2007 | Additional Copies received | |
of Notice of pendency of cases under Chap. 11 of the Federal Bankruptcy code and Automatic Stay. On behalf of Bally Total Fitness Corp. (8) (backdated 8/3/07)
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| 08/03/2007 | Motion for Extension of Time to File Motion for Rehearing | |
M/E/T to file mo/re. On behalf of Bally Total Fitness Corp. (12)
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| 08/03/2007 | Notice of Bankruptcy | |
Filed on behalf of Bally Total Fitness, (5).
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| 08/01/2008 | Letter Filed | |
letter asserting the interest of respondent to filed a motion to reinstate pet/rev. They anticipate filing such document within 30 days of the letter date (7/30/08). On behalf of Brian Akin, et al.. (3)
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| 07/30/2008 | Phone call from Clerk's Office | |
Follow up call made to resp atty for Ted Akin - Mr. David Debusk. Called on 7/14/08 with no return call. Talked with Mr. Debusk to find out if a motion to reinstate was going to be filed. He said one would be filed in 30 days. He claims he never rec'd a certified copy of stay lift from Federal Court. He will need that certified copy first before he files motion to reinstate.
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| 07/20/2007 | Petition for Review disposed | Denied |
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| 07/14/2008 | Phone call from Clerk's Office | |
Call made to RSP atty David Debusk checking to see if rsp plans on filing a motion to reinstate per PET status report filed on 7/10/08; Left voicemail with Mr. Debusk to find out if motion to reinstate is going to be filed.
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| 07/10/2008 | Status report filed | |
On behalf of pet, Bally Total Fitness Corp. (12)
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| 07/07/2008 | Status report filed | |
On behalf of Brian Akin. (12)
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| 06/19/2007 | Case forwarded to Court | |
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| 06/10/2008 | Status Report requested | |
Status report requested due n/l/t 3:00 p.m. on 7/10/08; mlbx rule d/n/a
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| 06/04/2008 | Call received | |
Call rec'd from Pet Atty Jim Scott stating that he did not plan on filing a motion to reinstate per our CM entry dated 10/31/07; his client has not instructed him to do so. Informed Mr. Scott that a request for status report will go out to parties next week. Mr. Scott said that would help to relay to his client and the other party that they need to do something in the case.
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| 06/04/2008 | Phone call from Clerk's Office | |
Call made to pet atty Jim Scott regarding status of motion to reinstate; will follow up with a status report request next week - left voicemail.
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| 05/18/2007 | Correction filed (See Remarks) | |
Corrected Style: Bally Total Fitness Corporation vs. Brian H. Akin, Individually and on Behalf of the Estate of Ted Akin, deceased, submitted by petitioner. (1)
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| 05/14/2010 | Case Stored | |
G02 Row 17 D-4
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| 05/14/2007 | Appendix Filed | |
Appendix attached to Pet. Rev.
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| 05/14/2007 | Petition for Review | |
Filed on behalf of Bally Total Fitness Corporation, (12)
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| 05/11/2010 | Notice sent to Court of Appeals | |
Certified copy of notice sent to the Court of Appeals
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| 05/07/2010 | Motion for Rehearing - Disposed | Denied |
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| 04/06/2010 | Case forwarded to Court | |
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| 04/05/2010 | Motion for Rehearing | |
Rehearing (12) filed on behalf of Bally Total Fitness Corp.
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| 03/05/2010 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
m/e/t to file mo/re granted (as amended); mo/re due 4/2/10
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| 03/05/2010 | Abatement Order Lifted | |
abatement order issued 8/31/07 lifted
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| 02/19/2009 | Notice of Bankruptcy | |
Notice of pendency of cases under Ch. 11 of the Federal Bankruptcy Code and of the Automatic Stay (12) filed on behalf of Bally Total Fitness Corp.
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| 01/26/2010 | Phone call from Clerk's Office | |
Second call made to David Debusk (atty for resp) to find out the status of the agreed motion to lift abatement per call on 1/4/2010; left voicemail with receptionist.
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| 01/05/2021 | Document received (See Remarks) | |
Scanned document added from database.
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| 01/04/2010 | Phone call from Clerk's Office | |
S/w Respondent's attorney Mr. Debusk. He said that he will draft an agreed motion to lift the abatement. Once petitioner's have signed off on the agreed motion, he will file it with the Court.
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| 01/04/2010 | Call received | |
Call from Mr. Scott letting the Court know that they were under the impression that the respondent would be filing a motion to lift abatement in this case. I told him that I would call the respondent to find out if a motion is forthcoming.
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