Simmons Bank v. First Capital Victoria LLC et alMOTION for Leave to FileE.D. Ark.March 1, 2019IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SIMMONS BANK, TRUSTEE OF THE PLAINTIFF HEARTLAND BANK LIQUIDATING TRUST U/I/D MARCH 8, 2018 v. No.: 4:17-cv-00549-DPM FIRST CAPITAL VICTORIA, LLC; et al. DEFENDANTS SIMMONS BANK’S MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS WITHOUT PREJUDICE AS TO FIRST CAPITAL RETAIL, LLC AND TO DISMISS WITHOUT PREJUDICE COUNTS III AND IV Simmons Bank, Trustee of the Heartland Bank Liquidating Trust U/I/D March 8, 2018 (“Simmons Bank”), requests leave to file a Reply in Support of Simmons Bank’s Motion to Dismiss Without Prejudice as to First Capital Retail, LLC, and to Dismiss Without Prejudice Counts III and IV (Doc. No. 105), and in support states: 1. On February 26, 2019, defendants First Capital Victoria, LLC, First Capital Jourdanton, LLC, First Capital, Hobbs, LLC, First Capital Real Estate Investments, LLC, and Suneet Singal (collectively, “Defendants”) filed a Response in Opposition to Simmons Bank’s Motion to Dismiss Without Prejudice as to First Capital Retail, LLC, and to Dismiss Without Prejudice Counts III and IV (Doc. No. 107). 2. Defendants argue that dismissal of First Capital Retail, LLC, and Counts III and IV of the Second Verified Amended Complaint should be with prejudice or, alternatively, that Defendants should be awarded fees and costs. 3. Defendants’ Response raises issues not directly addressed in Simmons Bank’s Motion. 4. Accordingly, Simmons Bank seeks leave to file a short Reply addressing Defendants’ arguments. Case 4:17-cv-00549-DPM Document 108 Filed 03/01/19 Page 1 of 2 2 5. A copy of Simmons Bank’s Reply is attached as an Exhibit to this Motion. WHEREFORE, Simmons Bank, Trustee of the Heartland Bank Liquidating Trust U/I/D March 8, 2018, requests leave to file a Reply in Support of its Motion to Dismiss Without Prejudice as to First Capital Retail, LLC, and to Dismiss Without Prejudice Counts III and IV, and for all other just and proper relief. QUATTLEBAUM, GROOMS & TULL PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 Telephone: (501) 379-1700 Facsimile: (501) 379-1701 cchiles@qgtlaw.com jprice@qgtlaw.com ckeller@qgtlaw.com By:/s/ Christoph Keller_____________ E. B. Chiles IV (96179) Joseph W. Price II (2007168) Christoph Keller (2015145) Attorneys for Simmons Bank, Trustee of the Heartland Bank Liquidating Trust U/I/D March 8, 2018 Case 4:17-cv-00549-DPM Document 108 Filed 03/01/19 Page 2 of 2
