McCallan v. Wilkins
Appellee: Carly B. Wilkins
Appellant: Timothy McCallan
Case Number: 2:2019cv00718
Filed: September 27, 2019
Court: US District Court for the Middle District of Alabama
Presiding Judge: Emily C Marks
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2019 Filing 9 NOTICE of Filing of Appellee's Appendix by Carly B. Wilkins re #8 Appellee's Brief (Attachments: #1 Appendix Index for Appendix, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Appendix E, #7 Appendix F, #8 Appendix G)(Olen, Stephen)
November 22, 2019 Filing 8 Appellee's BRIEF by Carly B. Wilkins. (Olen, Stephen)
November 19, 2019 Filing 7 Bankruptcy Clerk's Transmittal of Order Striking Document No. 767 of Defendant's Designation of the Record on Appeal which was filed with the U.S. Bankruptcy Court. (Attachments: #1 Doc 860 - Order Striking Doc No. 767, #2 Certified Docket Sheet - AP # 11-03007)(amf, )
October 29, 2019 Filing 5 Corporate/Conflict Disclosure Statement by Carly B. Wilkins. (Olen, Stephen)
October 28, 2019 Filing 4 BRIEF of Appelant by Timothy McCallan. Appellee Brief due by 10/28/2019. (Widerman, Scott)
October 25, 2019 Filing 6 Bankruptcy Clerk's Transmittal of Appellee's Designation of Record and Issues on Appeal which was filed with the U.S. Bankruptcy Court. (amf, ) (Additional attachment(s) added on 10/29/2019: #1 Appellee's Designation of Record and Issues on Appeal, #2 Amended Appellee's Designation of Record, #3 Second Amended Appellee's Designation of Record and Issues on Appeal, #4 DE 361 - Memorandum Decision, #5 DE 363 - Order Granting Motion for Sanctions, #6 Doc 383 - Order, #7 DE 391 - Order to Timothy McCallan to Appear and Show Cause Why He Should Not Be Held in Contempt of Court, #8 DE 396 - Order 1) Finding Timothy McCallan in Contempt and 2) Requiring him to Purge Himself, #9 Doc 449 - Order, #10 Doc 450 - Order, #11 Doc 451 - Order, #12 DE 461 - Order Granting Plf's Motions to File Under Seal and to Release Custody and Control of Storage, #13 DE 572 - Order To Dft Timothy McCallan To Appear and Show Cause, #14 DE 576 - Order, #15 DE 581 - Order, #16 DE 583 - Order, #17 DE 588 - Amended Order, #18 DE 592 - Order, #19 DE 618 - Order, #20 DE 629 - Order, #21 DE 372 - Plf's First Post-Judgment Interrogatories, #22 DE 373 - Plf's First Post-Judgment Request for Production, #23 DE 375 - Trustee's Motion to Compel, #24 DE 569 - Plf's Third Post-Judgment Motion for Sanctions, #25 Transcript of 10/6/2016 Evidentiary Hearing, #26 Transcript of 10/21/2016 Evidentiary Hearing, #27 Transcript of 3/27/2017 Evidentiary Hearing, #28 Transcript of 10/23/2017 Evidentiary Hearing (Part 1), #29 Transcript of 10/23/2017 Evidentiary Hearing (Part 2), #30 Transcript of 11/15/2017 Hearing, #31 Transcript of 1/30-1/31/2018 Evidentiary Hearing (Part 1), #32 Transcript of 1/30-1/31/2018 Evidentiary Hearing (Part 2), #33 Trustee's Exhibit 4, #34 Trustee's Exhibit 286, #35 Trustee's Exhibit 8 (Part 1), #36 Trustee's Exhibit 8 (Part 2), #37 Trustee's Exhibit 9, #38 Trustee's Exhibit 16, #39 Trustee's Exhibit 17, #40 Trustee's Exhibit 18, #41 Trustee's Exhibit 19, #42 Trustee's Exhibit 49, #43 Trustee's Exhibit 50, #44 Trustee's Exhibit 51, #45 Trustee's Exhibit 52, #46 Trustee's Exhibit 53, #47 Trustee's Exhibit 59, #48 Trustee's Exhibit 60, #49 Trustee's Exhibit 61, #50 Trustee's Exhibit 68 (Part 1), #51 Trustee's Exhibit 68 (Part 2), #52 Trustee's Exhibit 68 (Part 3), #53 Trustee's Exhibit 107 (Part 1), #54 Trustee's Exhibit 107 (Part 2), #55 Trustee's Exhibit 107 (Part 3), #56 Trustee's Exhibit 117, #57 Trustee's Exhibit 160, #58 Trustee's Exhibit 195, #59 Trustee's Exhibit 211, #60 Trustee's Exhibit 212, #61 Trustee's Exhibit 213, #62 Trustee's Exhibit 219, #63 Trustee's Exhibit 220, #64 Trustee's Exhibit 221, #65 Trustee's Exhibit 223, #66 Trustee's Exhibit 236, #67 Trustee's Exhibit 257, #68 Trustee's Exhibit 274, #69 DE 1 - Complaint, #70 DE 13 - Voluntary Petition for Bankruptcy, #71 Trustee's Exhibit 2, #72 DE 5582 - Docket Entry (no image) Change, #73 DE 386 - Plf's Motion for Sanctions Regarding Post-Judgment Discovery, #74 DE 399 - Plf's Second Post-Judgment request for Production to Defendant Timothy McCallan, #75 DE 407 - Plf's Third Post-Judgment Request for Production to Dft Timothy McCallan, #76 DE 437 - Limited Objection to Plf's Request, #77 DE 476 - Response to Plf's Second Post-Judgment Motion for Sanctions, #78 DE 5613 - Trustee's Motion to Transfer, #79 DE 5620 - McCallan Response to Motion to Transfer, #80 Trustee's Exhibit 164, #81 Trustee's Exhibit 168, #82 DE 61 - Order, #83 DE 62 - Order, #84 DE 99 - Trustee's Motion for Relief from The Automatic Stay, #85 DE 175 - Order Granting Motion for Relief from Stay, #86 Trustee's Exhibit 3, #87 DE 575 - Dft's Emergency Motion to Extend Time to Submit Post-Judgment Discovery Responses, #88 DE 578 - Dft Timothy McCallan's Response to Order, #89 DE 580 - Dft's Motion for Emergency Preliminary Hearing for Show Cause Hearing, #90 DE 362 - Default Judgment, #91 DE 419 - Plf's Second Set of Post-Judgment Interrogatories to Dft Timothy McCallan, #92 DE 618 - Order, #93 DE 629 - Order, #94 DE 698 - Plf's Opposition to defendant McCallan's Motion to Transfer to House Arrest with Bond, #95 Trustee's Exhibit 297 (Part 1), #96 Trustee's Exhibit 297 (Part 2), #97 Trustee's Exhibit 297 (Part 3), #98 DE 709 - Order, #99 Trustee's Exhibit 195, #100 Trustee's Exhibit 600, #101 Trustee's Exhibits 601A, 601C, B and D not admitted, #102 Trustee's Exhibit 636, #104 Trustee's Exhibit 615, #105 Trustee's Exhibit 616, #106 Trustee's Exhibit 618, #107 DE 699 - Dft Timothy McCallan's Certification, #108 DE 773 - Motion for Continuance of the Hearing Date Currently Set for 11/8/2018, #109 DE 772 - Order, #110 DE 777 - Order, #111 DE 781 - Order, #112 Trustee's Exhibit 653, #113 DE 792 - Dft's List of Witnesses and Exhibits, #114 Trustee's Exhibit 321, #115 Trustee's Exhibit 701, #116 Trustee's Exhibit 702, #117 Trustee's Exhibit 669 (Part 1), #118 Trustee's Exhibit 669 (Part 2), #119 Trustee's Exhibit 669 (Part 3), #120 Trustee's Exhibit 669 (Part 4), #121 Trustee's Exhibit 669 (Part 5), #122 Trustee's Exhibit 669 (Part 6), #123 Trustee's Exhibit 669 (Part 7), #124 Trustee's Exhibit 669 (Part 8), #125 Trustee's Exhibit 669 (Part 9), #126 Trustee's Exhibit 669 (Part 10), #127 Trustee's Exhibit 669 (Part 11), #128 Trustee's Exhibit 671 (Part 1), #129 Trustee's Exhibit 671 (Part 2), #130 Trustee's Exhibit 671 (Part 3), #131 Trustee's Exhibit 675, #132 Trustee's Exhibit 705, #133 Trustee's Exhibit 665,#134 Trustee's Exhibit 672, #135 Trustee's Exhibit 674, #136 Trustee's Exhibit 676, #137 Trustee's Exhibit 677, #138 Trustee's Exhibit 695, #139 Trustee's Exhibit 692, #140 Trustee's Exhibit 682, #141 Trustee's Exhibit 686, #142 Trustee's Exhibit 685, #143 Trustee's Exhibit 688, #144 Trustee's Exhibit 698, #145 Trustee's Exhibit 699, #146 Trustee's Exhibit 385, #147 Trustee's Exhibit 240 (Part 1), #148 Trustee's Exhibit 240 (Part 2), #149 Trustee's Exhibit 697, #150 Trustee's Exhibit 658, #151 Transcript of 9/17/2019 Hearing, #152 DE 822 - Dft's Request for Hearing) (amf, ). (amf, ). Modified on 10/29/2019 (amf, ).
October 17, 2019 Filing 3 Bankruptcy Clerk's Transmittal of Appellant's Designation of Record and Issues on Appeal (PART 2; DOC 771 - DOC 697) which was filed with the U.S. Bankruptcy Court. (Attachments: #1 Appellant's Designation of Record and Statement of Issues on Appeal, #2 Doc 771 - Order Governing Defendant Timothy McCallan's Efforts To Purge Himself Of Contempt, #3 Doc 770 - Defendant McCallan's Subpoena to Merrill Lynch, #4 Doc 767 - Exhibit A to Doc 765-Affidavit of Thomas Shuman filed by Defendant McCallan, #5 Doc 765 - Motion to Determine Compliance, #6 Doc 755 - Trustee's Corrected Certificate in Compliance with Court's 5/29/2018 Order, #7 Doc 709 - Order Denying Motion to Transfer to House Arrest, #8 Doc 707 - Memorandum Decision, #9 Doc 704 - Defendant McCallan's Motion for Immediate Release, #10 Doc 704 - Exhibit A, #11 Doc 704 - Exhibit B, #12 Doc 704 - Exhibit C, #13 Doc 703 - Trustee's Response to Defendant Timothy McCallan's Certification of Compliance with Court Order, #14 Doc 701 - Order on Motion for Sanctions, #15 Doc 699 -, #16 Doc 697 - Defendant McCallan's Motion to Transfer to House Arrest with Bond, #17 Certified Docket Sheet)(amf, ) (Additional attachment(s) added on 10/17/2019: #18 Transcript of Evidentiary Hearing Conducted on 5/24/2018 (Part 1), #19 Transcript of Evidentiary Hearing Conducted on 5/24/2018 (Part 2), #20 Transcript of Evidentiary Hearing Conducted on 5/25/2018 (Part 1), #21 Transcript of Evidentiary Hearing Conducted on 5/25/2018 (Part 2)) (amf, ). Modified on 10/17/2019 to attach the transcripts which were originally omitted in error(amf, ).
October 17, 2019 Filing 2 Bankruptcy Clerk's Transmittal of Appellant's Designation of Record and Issues on Appeal (PART 1; DOC 818 - DOC 780) which was filed with the U.S. Bankruptcy Court. (Attachments: #1 Appellant's Designation of Record and Statement of Issues on Appeal, #2 Doc 818 - Amended Memorandum Decision, #3 Doc 815 - Order Denying Motion To Determine Compliance With The Civil Contempt Orders And For The Immediate Release Of Defendant McCallan From Incarceration, #4 Doc 814 - Memorandum Decision, #5 Doc 813 - Trustee's Response to McCallan's Motion of Immediate Release of Inmate, #6 Doc 811 - Order to Appear and Show Cause, #7 Doc 810 - Motion for Immediate Release of Inmate, #8 Doc 807 - McCallan's Proposed Findings of Fact & Conclusions of Law, #9 Doc 806 - Trustee's Proposed Findings of Fact & Conclusions of Law, #10 Doc 803 - Transcript of Hearing Held on 5/6/2018, #11 Doc 803 - Transcript of Hearing Held on 5/7/2018, #12 Doc 803 - Transcript of Hearing Held on 5/9/2018, #13 Doc 800 - Order Denying Motion to Determine Compliance with Civil Contempt Order, #14 Doc 796 - Order Setting Evidentiary Hearing, #15 Doc 794 - Order Setting Status Hearing, #16 Doc 790 - Order for Hearing on Defendant Timothy McCallan's Motion to Determine Compliance, #17 Doc 787 - Defendant McCallan's Motion to Determine Compliance with Civil Contempt Orders and for Immediate Release, #18 Transcript of Evidentiary Hearing Conducted on 11/8/2018, #19 Doc 780 - Order on Hearing of 11/8/2018, #20 Certified Docket Sheet)(amf, )
September 27, 2019 Filing 1 Bankruptcy Clerk's TRANSMITTAL OF NOTICE APPEAL FROM BANKRUPTCY COURT; Bankruptcy Court Adversary Proceeding No. 11-03007; Appellant Brief due by 10/27/2019. (Attachments: #1 Notice of Appeal, #2 Amended Memorandum Decision, #3 Certified Docket Sheet - AP 11-03007)(amf, )

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Appellee: Carly B. Wilkins
Represented By: Stephen Charles Olen
Represented By: Lucy Elizabeth Tufts
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Appellant: Timothy McCallan
Represented By: James Ippoliti
Represented By: Scott D Widerman
Represented By: Michael Aaron Fritz, Sr.
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