Drake v. ACCC Insurance Company et al
| E.V. Drake |
| Ed Kinkeade, Kastina Kastl, Vicki Ogden, Carl Ginsberg, Warren Lloyd Vavra, ACCC Insurance Company, Payne Mitchell Law Group LLC, Martin Hoffman, Maria Quiroz, David Bradley, Mark Pittman, Mary Lou Robinson, Valerie E. Ertz, Reed O'Connor, Ewing Werlein, Jr., Jeff Rose, Jeffrey C, Manske, James L. Dennis, William Tapscott, Jr., John Burton, Autohaus LLC, State Commission on Judicial Conduct, Trey Harlin P.C., Law Office of James Monte Stanley, Lora Livingston, Scot Graydon, Vanessa Gilmore, William Ken Tapscott, Jr., Amy Clark Meachum, Kenneth Molberg, State Farm General Insurance Company, Melissa Goodwin, Tilton & Tilton LLP, Scott Field, Mike Hrabal, Lynn Hughes, Paul Raleeh, Velva L. Price, State Ethics Commission, Travis County, Richard Schell, Eric Moye, Timothy Sulak, Caroline M. Craven, Seana Willing, Scott Jenkins, Charles Ramsay, Harold Liller, Edith B. Clement, Orlinda Naranjo, Alfred H. Bennett, Dallas County, State Farm Mutual Automobile Insurance Company, Gena Slaughter, Steven Wolens, Office of Texas Attorney General, Leslie H. Southwick, George Hanks, Jr., Jack Henry Ikenaga, Jr., Nathan L. Hecht, Jeffrey L. Cureton, Jane Boyle, Sim Lake, Carl E. Stewart, State of Texas, Tarrant County, Stephen A. Higginson, Brandy Austin Attorney At Law PLLC, Higier Allen & Lautin, Kastl Law Firm, Jack Wiener, Carolyn Wright, Greg Abbott, Terry R. Means, Sidney A. Fitzwater, David L. Horan, Edith Jones, Wayne Salvant, Blake Hawthorne, John R. Burton, Law Office of James M. Stanley, John R. Burton, PC and James M. Stanley |
| United States of America |
| 2:2018cv00098 |
| August 16, 2018 |
| US District Court for the Southern District of Georgia |
| Brunswick Office |
| Glynn |
| R Stan Baker |
| Benjamin W Cheesbro |
| Lisa G Wood |
| Other Fraud |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 58 Mail Returned as Undeliverable Return to Sender - Not deliverable as addressed - Unable to forward. #54 Order dated 3/7/2019. Mail sent to E.V. Drake. (csr) |
| Filing 57 AFFIDAVIT in Support re #55 MOTION to Dismiss (Affidavits of Judge Carl Stewart and Judge Ewing Werlein, Jr.) filed by Alfred H. Bennett, Jane Boyle, David Bradley, Edith B. Clement, Caroline M. Craven, Jeffrey L. Cureton, James L. Dennis, Sidney A. Fitzwater, Vanessa Gilmore, George Hanks, Jr, Stephen A. Higginson, David L. Horan, Edith Jones, Ed Kinkeade, Sim Lake, Jeffrey C, Manske, Terry R. Means, Reed O'Connor, Mary Lou Robinson, Richard Schell, Leslie H. Southwick, Carl E. Stewart, Ewing Werlein, Jr, Jack Wiener. (Attachments: #1 Exhibit S, #2 Exhibit T)(Statkus, Shannon) |
| Filing 56 SUGGESTION OF DEATH Upon the Record as to Defendant Mary Lou Robinson by United States of America. (Attachments: #1 Exhibit A)(Statkus, Shannon) |
| Filing 55 MOTION to Dismiss by Alfred H. Bennett, Jane Boyle, David Bradley, Edith B. Clement, Caroline M. Craven, Jeffrey L. Cureton, James L. Dennis, Sidney A. Fitzwater, Vanessa Gilmore, George Hanks, Jr, Stephen A. Higginson, David L. Horan, Lynn Hughes, Edith Jones, Ed Kinkeade, Sim Lake, Jeffrey C, Manske, Terry R. Means, Reed O'Connor, Mary Lou Robinson, Richard Schell, Leslie H. Southwick, Carl E. Stewart, Ewing Werlein, Jr, Jack Wiener. Responses due by 3/25/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Statkus, Shannon) |
Filing 54
ORDER TO SHOW CAUSE. Plaintiff E.V. Drake has ten (10) days from the date of this Order to show good cause why he has not effected service on the above-named defendants. Drake's failure to comply with the Court's Order will result in dismissal of his claims against those defendants. Show Cause Response due by 3/17/2019. Signed by Judge Lisa G. Wood on 3/7/2019. (csr)
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| Filing 53 Mail Returned as Undeliverable - Return to sender - Not deliverable as addressed - Unable to forward. 46 NEF dated 2/4/19. Mail sent to E. V. Drake. (csr) |
| Filing 52 Mail Returned as Undeliverable - Return to sender - Not deliverable as addressed - Unable to forward. #43 Order dated 1/11/19. Mail sent to E. V. Drake. (csr) |
| Filing 51 Mail Returned as Undeliverable - Return to sender - Not deliverable as addressed - Unable to forward. #1 Order dated 11/5/2018. Mail sent to E. V. Drake. (csr) |
| Filing 50 Mail Returned as Undeliverable - Return to sender - Not deliverable as addressed - Unable to forward. 29 NEF dated 11/30/18. Mail sent to E.V. Drake. (csr) |
| Filing 49 Mail Returned as Undeliverable - Return to sender - Not deliverable as addressed - Unable to forward. #40 Order dated 12/26/2018. Mail sent to E. V. Drake. (csr) |
| Filing 48 Mail Returned as Undeliverable - Return to sender - Not deliverable as addressed - Unable to forward. Summonses issued on 8/23/18. Mail sent to E.V. Drake. (csr) |
| Filing 47 MOTION for Sanctions by ACCC Insurance Company. Responses due by 2/19/2019. (Attachments: #1 Brief in Support of Defendants Motion for Sanctions)(Atkinson, David) Modified on 2/5/2019 (csr). |
| Filing 46 Stay lifted due to appropriations. (See MC 119-002, Docs. 1, 3.) |
| Filing 45 Mail Returned as Undeliverable - Return to Sender - Unable to Forward. Mail sent to E.V. Drake. (Attachments: Copies of the following documents: #1 Complaint, #2 Issued Summonses, #3 Receipt, #4 Rule 26 Instruction Order). (csr) |
| Filing 44 NOTICE of Appearance by Shannon Heath Statkus on behalf of Alfred H. Bennett, Jane Boyle, David Bradley, Jeffrey L. Cureton, Sidney A. Fitzwater, Vanessa Gilmore, George Hanks, Jr, David L. Horan, Lynn Hughes, Ed Kinkeade, Sim Lake, Terry R. Means, Reed O'Connor, and Ewing Werlein, Jr. (Statkus, Shannon) Modified on 1/30/2019 (csr). |
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Filing 43
ORDER denying as moot #32 Motion for Leave to be Excused from Georgia Federal Court Local Rule 83.4(b). Signed by Magistrate Judge Benjamin W. Cheesbro on 1/11/2019. (csr)
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Filing 42
ORDER granting #37 Motion for Leave to Appear Pro Hac Vice by Patrick T. Pope. Daniel Hamilton has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on December 28, 2018. (edd)
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Filing 41
ORDER granting #36 Motion for Leave to Appear Pro Hac Vice by Anthony J. Nelson. Daniel Hamilton has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on December 28, 2018. (edd)
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Filing 40
ORDER granting #39 Motion for Temporary Stay. Signed by Judge Lisa G. Wood on 12/26/18. (slt)
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| Filing 39 MOTION to Stay (due to lapse in appropriations) by Edith B. Clement, Caroline M. Craven, James L. Dennis, Stephen A. Higginson, Edith Jones, Jeffrey C, Manske, Richard Schell, Leslie H. Southwick, Carl E. Stewart, Jack Wiener. Responses due by 1/9/2019. (Attachments: #1 Text of Proposed Order)(Statkus, Shannon) |
| Filing 38 MOTION to Dismiss by Scott Jenkins, Lora Livingston, Velva L. Price, Travis County, Warren Lloyd Vavra. Responses due by 1/3/2019. (Hamilton, Daniel) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice for Patrick Pope Receipt Number 113J-2505445, Fee Amount $200, by Scott Jenkins, Lora Livingston, Velva L. Price, Travis County, Warren Lloyd Vavra. Responses due by 1/3/2019. (Hamilton, Daniel) |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice for Anthony J. Nelson Receipt Number 113J-2505425, Fee Amount $200, by Scott Jenkins, Lora Livingston, Velva L. Price, Travis County, Warren Lloyd Vavra. Responses due by 1/3/2019. (Hamilton, Daniel) |
| MOTIONS REFERRED: #36 MOTION for Leave to Appear Pro Hac Vice for Anthony J. Nelson. (slt) |
| MOTIONS REFERRED: #37 MOTION for Leave to Appear Pro Hac Vice. (slt) |
| Filing 35 NOTICE by Scott Jenkins, Lora Livingston, Velva L. Price, Travis County, Warren Lloyd Vavra Of Special Appearance (Hamilton, Daniel) |
| Filing 34 Brief in Support re #33 MOTION to Dismiss filed by State Farm Mutual Automobile Insurance Company. (Cave, Maren) |
| Filing 33 MOTION to Dismiss by State Farm Mutual Automobile Insurance Company. Responses due by 12/31/2018. (Cave, Maren) |
| Filing 32 MOTION for Leave to be Excused from Georgia Federal Court Local Rule 83.4(b), filed by Scott Jenkins, Lora Livingston, Velva L. Price, Travis County and Warren Lloyd Vavra. Responses due by 12/27/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Letter, #4 Envelope). REFERRED to Judge Benjamin W. Cheesbro. (csr) (Additional attachment(s) added on 12/13/2018: #5 Proposed Order) (csr). |
| Filing 31 First MOTION to Dismiss Complaint by ACCC Insurance Company. Responses due by 12/21/2018. (Attachments: #1 Brief in Support of Motion to Dimiss, #2 Affidavit of Jack Henry Ikenaga, #3 Affidavit of Maria Quiroz)(Atkinson, David) Modified on 12/7/2018 (csr). |
| Filing 30 NOTICE of Appearance by Shannon Heath Statkus on behalf of Edith B. Clement, Caroline M. Craven, James L. Dennis, Stephen A. Higginson, Edith Jones, Jeffrey C, Manske, Richard Schell, Leslie H. Southwick, Carl E. Stewart, Jack Wiener (Statkus, Shannon) |
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Filing 29
ORDER granting #26 Motion for Leave to Appear Pro Hac Vice by M. Keith Ogle. Emily Hancock has entered an appearance in this case and vouches she will satisfy the obligations of local counsel, as required by this Court's Local Rule 83.4. Signed by Magistrate Judge Benjamin W. Cheesbro on November 30, 2018. (edd)
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| Filing 28 RESPONSE to #16 MOTION to Continue, MOTION to Stay, and MOTION for An In-Camera Review of Exhibits filed by E.V. Drake; #24 Response to Motions, filed by Orlinda Naranjo, Blake Hawthorne, Melissa Goodwin, Steven Wolens, Seana Willing, Amy Clark Meachum, Jeff Rose, State Ethics Commission, Nathan L. Hecht, Carolyn Wright, State Commission on Judicial Conduct, Valerie E. Ertz, Timothy Sulak, Carl Ginsberg, Greg Abbott, Scot Graydon, Harold Liller, Scott Field, Mark Pittman, Charles Ramsay, Office of Texas Attorney General, Wayne Salvant filed by Law Office of James Monte Stanley, John R. Burton, Law Office of James M. Stanley, John R. Burton, PC, John Burton, and James M. Stanley. (Smith, David) Modified on 11/29/2018 (csr). |
| Filing 27 MOTION to Dismiss by Mike Hrabal, Tarrant County. Responses due by 12/13/2018. (Hancock, Emily) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice Receipt Number 113J-2491679, Fee Amount $200, by Mike Hrabal, Tarrant County. Responses due by 12/13/2018. (Attachments: #1 Text of Proposed Order)(Hancock, Emily) |
| MOTIONS REFERRED: #26 MOTION for Leave to Appear Pro Hac Vice Requested by M. Keith Ogle, Esquire. (csr) |
| Filing 25 NOTICE of Appearance by Emily Rose Hancock on behalf of Mike Hrabal, Tarrant County. (Hancock, Emily) Modified on 11/29/2018 (csr). |
| Filing 24 RESPONSE to Motion re #16 MOTION to Continue, MOTION to Stay, and MOTION for An In-Camera Review of Exhibits, filed by Greg Abbott, Valerie E. Ertz, Scott Field, Carl Ginsberg, Melissa Goodwin, Scot Graydon, Blake Hawthorne, Nathan L. Hecht, Harold Liller, Amy Clark Meachum, Orlinda Naranjo, Office of Texas Attorney General, Mark Pittman, Charles Ramsay, Jeff Rose, Wayne Salvant, State Commission on Judicial Conduct, State Ethics Commission, Timothy Sulak, Seana Willing, Steven Wolens, Carolyn Wright. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Varela, Enrique) Modified on 11/27/2018 (csr). |
| Filing 23 *******Supplemental MOTION to Dismiss filed by Greg Abbott, Valerie E. Ertz, Scott Field, Carl Ginsberg, Melissa Goodwin, Scot Graydon, Blake Hawthorne, Nathan L. Hecht, Harold Liller, Amy Clark Meachum, Orlinda Naranjo, Office of Texas Attorney General, Mark Pittman, Charles Ramsay, Jeff Rose, Wayne Salvant, State Commission on Judicial Conduct, State Ethics Commission, Timothy Sulak, Seana Willing, Steven Wolens, and Carolyn Wright re: #17 Motion to Dismiss. Responses due by 12/11/2018. (Varela, Enrique) Modified on 11/27/2018 (csr). |
| Filing 22 Statement of Interest and Motion to Dismiss filed by United States of America. (Statkus, Shannon). Responses due 11/30/18. Modified on 3/5/2019 (csr). |
| Filing 21 MOTION to Dismiss by John Burton, Law Office of James Monte Stanley. Responses due by 11/29/2018. (Attachments: #1 Briefs, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Smith, David) |
| Filing 20 MOTION to Dismiss #1 Complaint for Lack of Jurisdiction, filed by Trey Harlin P.C. Responses due by 11/28/2018. (Attachments: #1 Affidavit of David Lloyd Harlin, III)(Newcomb, William) Modified on 11/14/2018 (csr). |
| Filing 19 NOTICE of Appearance by Otto Woelke Leithart on behalf of United States of America. (Leithart, Otto) Modified on 11/14/2018 (csr). |
| Filing 18 NOTICE of Appearance by Shannon Heath Statkus on behalf of United States of America. (Statkus, Shannon) Modified on 11/14/2018 (csr). |
| Filing 17 MOTION to Dismiss #1 Complaint, filed by Greg Abbott, Scott Field, Carl Ginsberg, Melissa Goodwin, Scot Graydon, Blake Hawthorne, Nathan L. Hecht, Harold Liller, Amy Clark Meachum, Orlinda Naranjo, Office of Texas Attorney General, Mark Pittman, Jeff Rose, Wayne Salvant, State Commission on Judicial Conduct, State Ethics Commission, Timothy Sulak, Seana Willing, Steven Wolens, Carolyn Wright. Responses due by 11/27/2018. (Attachments: #1 Text of Proposed Order)(Varela, Enrique) Modified on 11/14/2018 (csr). |
| Filing 16 Plaintiff's Expedited Emergency MOTION to Continue; MOTION to Stay, and MOTION for An In-Camera Review of Exhibits, filed by E.V. Drake. Responses due by 11/27/2018. (Attachment: #1 Envelope). REFERRED to Judge Benjamin W. Cheesbro. (csr) (Additional attachment(s) added on 11/13/2018: #2 Letter) (csr). |
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Filing 15
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice by Enrique M. Varela. Jason Naunas has entered an appearance in this case and vouches that he will satisfy the obligations of local counsel, as required by this Court's Local Rule 83.4. Signed by Magistrate Judge Benjamin W. Cheesbro on November 13, 2018. (edd)
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| Filing 14 WAIVER OF SERVICE Returned Executed by State Farm Mutual Automobile Insurance Company. State Farm Mutual Automobile Insurance Company waiver sent on 10/18/2018, answer due 12/17/2018. (Cave, Maren) |
| Filing 13 WAIVER OF SERVICE Returned Executed by State Farm General Insurance Company. State Farm General Insurance Company waiver sent on 10/18/2018, answer due 12/17/2018. (Cave, Maren) |
| Filing 12 NOTICE of Appearance by Maren R. Cave on behalf of State Farm Mutual Automobile Insurance Company (Cave, Maren) |
| Filing 11 NOTICE of Appearance by Maren R. Cave on behalf of State Farm General Insurance Company (Cave, Maren) |
| MOTIONS REFERRED: #10 MOTION for Leave to Appear Pro Hac Vice. (slt) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Application for Admission Pro Hac Vice Receipt Number 113J-2478616, Fee Amount $200, by Enrique M. Varela. Responses due by 11/21/2018. (Naunas, Jason) |
| Filing 9 NOTICE of Appearance by Jason Naunas on behalf of Greg Abbott, Scott Field, Carl Ginsberg, Melissa Goodwin, Scot Graydon, Blake Hawthorne, Nathan L. Hecht, Harold Liller, Eric Moye, Mark Pittman, Jeff Rose, Wayne Salvant, State Ethics Commission, Carolyn Wright (Naunas, Jason) |
| Filing 8 Summons Reissued as to George Hanks, Jr. (Attachments: Summons Reissued as to #1 Timothy Sulak, #2 Velva L. Price). (csr) |
| Filing 7 Summons Issued as to Ed Kinkeade. (Attachments: Summons Issued as to #1 William Tapscott Jr., #2 Amy Clark Meachum, #3 Alfred H. Bennett, #4 Lynn Hughes, #5 Sim Lake, #6 Ewing Werlein, Jr., #7 Mary Lou Robinson, #8 Terry R. Means, #9 Jeffrey L. Cureton, #10 Eric Moye, #11 Mike Hrabal, #12 Scott Jenkins, #13 Nathan L. Hecht, #14 Sidney A. Fitzwater, #15 Attorney General of Texas, #16 Paul Raleeh). (csr) |
| Case Reassigned to Magistrate Judge Benjamin W. Cheesbro pursuant to standing Order in 1:18-mc-12. Magistrate Judge R. Stan Baker no longer assigned to the case. (csr) |
| Filing 6 MOTION for Recusal of Judge Lisa G. Wood by E.V. Drake. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Envelope)(slt) |
| Filing 5 Summons Issued as to Greg Abbott, David Bradley, John Burton, Edith B. Clement, Caroline M. Craven, Dallas County, James L. Dennis, Scott Field, Melissa Goodwin, George Hanks, Jr, Stephen A. Higginson, Martin Hoffman, Edith Jones, Harold Liller, Jeffrey C, Manske, Orlinda Naranjo, Jeff Rose, Gena Slaughter, Leslie H. Southwick, State Commission on Judicial Conduct, State of Texas, Carl E. Stewart, Timothy Sulak, Tarrant County, Travis County, Jack Wiener, Steven Wolens, and Carolyn Wright. (Attachments: Summons Issued as to: #1 Carl E. Stewart, #2 Caroline M. Carven, #3 Carolyn Wright, #4 Dallas County, #5 David J. Bradley, #6 Edith B. Clement, #7 Edith Jones, #8 Gena Slaughter, #9 George Hanks, #10 Greg Abbott, #11 Harold Liller, #12 Jack Wiener, #13 James L. Dennis, #14 Jeff Rose, #15 Jeffrey C. Manske, #16 John R. Burton, PC, #17 Leslie H. Southwick, #18 Martin Hoffman, #19 Melissa Goodwin, #20 Orlinda Naranjo, #21 Scott Field, #22 State Commission on Judicial Conduct, #23 State of Texas, #24 Stephen A. Higginson, #25 Tarrant County, #26 Texas Ethics Commission, #27 Tim Sulak, and #28 Travis County). (csr) |
| Filing 4 Summons Submitted. (Attachments: #1 Letter, #2 Envelope). (csr) |
| Filing 3 Summons Issued as to Brandy Austin Attorney At Law PLLC, Carl Ginsberg, Scot Graydon, Higier Allen & Lautin, Kastl Law Firm, Jack Henry Ikenaga, Jr, Kastina Kastl, Law Office of James Monte Stanley, Lora Livingston, Kenneth Molberg, Payne Mitchell Law Group LLC, Mark Pittman, Velva L. Price, Charles Ramsay, Wayne Salvant, State Farm General Insurance Company, State Farm Mutual Automobile Insurance Company, Tilton & Tilton LLP, Trey Harlin P.C., Warren Lloyd Vavra, and Seana Willing. (csr) |
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Filing 2
RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge R. Stan Baker on 8/16/2018. (csr)
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| Filing 1 COMPLAINT against All Defendants, filed by E.V. Drake. $400.00 Filing Fee Paid - Receipt Number: BWK007971. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Letter, #4 Civil Cover Sheet, #5 Receipt). (csr) (Additional attachment(s) added on 8/16/2018: #6 Envelope) (csr). |
| Filing fee: $400.00, receipt number: BWK007971. (csr) |
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