Smith v. Martz
| SHERRIE LYNN SMITH |
| TAMMY SUE MARTZ and Tammy Sue Keyser |
| 1:2021cv03072 |
| December 2, 2021 |
| US District Court for the District of Maryland |
| Catherine C Blake |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 19 NOTICE by Sherrie Lynn Smith re #17 MOTION for Leave to File Surreply (Proposed Surreply) (Attachments: #1 Exhibit Affidavit)(Schimel, Richard) |
| Filing 18 QC NOTICE: #17 Motion for Leave to File filed by Sherrie Lynn Smith was filed incorrectly. **The following attachments or exhibits are missing - Proposed Surreply. To correct this problem, file Proposed Surreply using the event Notice (Other) and link Proposed Surreply to #17 Motion. (bmhs, Deputy Clerk) |
| Filing 17 MOTION for Leave to File Surreply by Sherrie Lynn Smith (Attachments: #1 Text of Proposed Order)(Schimel, Richard) |
| Filing 16 REPLY to Response to Motion re #9 MOTION to Dismiss or in the alternative Motion for Summary Judgment filed by Tammy Sue Martz. (Attachments: #1 Exhibit January 17, 2017 Transcript from Jury trial, Circuit Court for Frederick County Case No. 10-C-15-001632, #2 Exhibit January 18, 2017 Transcript from Jury trial, Circuit Court for Frederick County Case No. 10-C-15-001632, #3 Exhibit January 19, 2017 Transcript from Jury trial, Circuit Court for Frederick County Case No. 10-C-15-001632, #4 Exhibit January 20, 2017 Transcript from Jury trial, Circuit Court for Frederick County Case No. 10-C-15-001632, #5 Exhibit Smith 2016 Deposition in Case No. 10-C-15-001632, #6 Exhibit Original 2003 Deed of Decedent, #7 Exhibit Correct 2008 Deed of Decedent, #8 Exhibit April 28, 2016 Smith threat to Martz email 1, #9 Exhibit April 28, 2016 Smith threat to Martz email 2, #10 Exhibit April 27, 2015 Smith Facebook post, #11 Exhibit May 7, 2013 Smith Facebook post, #12 Exhibit Smiths Initial June 4, 2015 Complaint in Case No. 10-C-15-001632, #13 Exhibit Orphans Court January 17, 2018 Order in Estate No. 39,560, #14 Exhibit Circuit Court for Frederick County February 2, 2018 Judgment, #15 Exhibit Circuit Court for Frederick County Judge Nicklas November 1, 2018 Opinion in Case No. C-10-CV-18-000157, #16 Exhibit Circuit Court for Frederick County February 7, 2019 Order in Case No. C-10-CV-19-152, #17 Exhibit Court of Special Appeals March 8, 2021 Opinion in Smith v. Keyser (now Martz), #18 Exhibit Bank of America HELOC paid off, #19 Exhibit Affidavit of Tammy Sue Martz (formerly Keyser), #20 Exhibit 2014 Turbotax e-filing statement, #21 Exhibit 2015 Receipts from Items Donated from home, #22 Exhibit Capital One Documentation showing funeral expenses, #23 Exhibit 2020 Deposition of Sherrie Smith (page 54), #24 Exhibit Attorney Richard Winters Ledger, page 2, #25 Exhibit 2015 Email from Christopher Rolle, Esq. to Smith to confirm that joint account funds belong to Tammy, #26 Exhibit 2016 Letter from Capital One confirming that Tammy is a joint owner on the account, #27 Exhibit Smiths Bate-stamped copy of $20,000 lien, provided to Tammy in 2015 discovery proceedings)(Quinn, John) |
| Filing 15 NOTICE by Sherrie Lynn Smith re #13 Response to Motion,,,,, (Schimel, Richard) |
| Filing 14 QC NOTICE: #13 Response to Motion filed by Sherrie Lynn Smith was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to #13 Response. (bmhs, Deputy Clerk) |
| Filing 13 RESPONSE to Motion re #9 MOTION to Dismiss or in the alternative Motion for Summary Judgment filed by Sherrie Lynn Smith. (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 Affidavit Smith Affidavit, #13 Exhibit 1, #14 Exhibit 2, #15 Exhibit 3, #16 Exhibit 4, #17 Exhibit 5, #18 Exhibit 6, #19 Exhibit 7, #20 Exhibit 8A, #21 Exhibit 8B, #22 Exhibit 9, #23 Exhibit 10, #24 Exhibit 11A, #25 Exhibit 11B, #26 Exhibit 12A, #27 Exhibit 12B, #28 Exhibit 13, #29 Exhibit 14, #30 Exhibit 15, #31 Exhibit 16, #32 Exhibit 17, #33 Exhibit 18A, #34 Exhibit 18B, #35 Exhibit 19A, #36 Exhibit 19B, #37 Exhibit 20, #38 Exhibit 21, #39 Exhibit 22, #40 Exhibit 23, #41 Exhibit 24, #42 Exhibit 25, #43 Exhibit 26, #44 Exhibit 27, #45 Exhibit 28, #46 Exhibit 29, #47 Exhibit 30, #48 Exhibit 31A, #49 Exhibit 31B, #50 Exhibit 32, #51 Exhibit 33A, #52 Exhibit 33B, #53 Exhibit 34, #54 Exhibit 35, #55 Exhibit 36, #56 Exhibit 37, #57 Exhibit 38, #58 Exhibit 39, #59 Exhibit 40, #60 Exhibit 41, #61 Exhibit 42, #62 Exhibit 43, #63 Exhibit 44)(Schimel, Richard) |
| Filing 12 NOTICE of Appearance by Thomas Maurice DeGonia, II on behalf of Tammy Sue Martz (DeGonia, Thomas) |
| Filing 11 (FILED IN ERROR - Refiled as ECF 12) NOTICE of Appearance by Thomas Maurice DeGonia, II on behalf of Tammy Sue Martz (DeGonia, Thomas) Modified on 1/5/2022 (bmhs, Deputy Clerk). |
| Filing 10 QC NOTICE: #9 Motion to Dismiss filed by Thomas DeGonia on behalf of Tammy Sue Martz was filed incorrectly. **Counsel that filed the document is not listed as counsel and has not signed the document. Court staff has entered the appearance of only the attorneys who signed the document. All other attorneys must enter their own entries of appearance. (bmhs, Deputy Clerk) |
| Filing 9 MOTION to Dismiss or in the alternative Motion for Summary Judgment by Tammy Sue Martz (Attachments: #1 Memorandum in Support MTD memorandum 12.23.21 FINAL PDF, #2 Exhibit Exh 1- December 26, 2017 Exceptions Hearing Transcript, Circuit Court for Frederick County Case No. 10-C-15-001632, #3 Exhibit Exh 2- Affidavit of Tammy Sue Martz (formerly Keyser), #4 Exhibit Exh 3 - 2014 Turbotax e-filing statement, #5 Exhibit Exh 4 -April 16, 2015 Email from Martz to Smith, #6 Exhibit Exh 5- 2016 Deposition of Sherrie Smith (page 172), #7 Exhibit Exh 6- 2020 Deposition of Sherrie Smith (page 54), #8 Exhibit Exh 7-2020 Deposition of Sherrie Smith (page 74-75), #9 Exhibit Exh 8-Appraisal Report on Decedents personal effects, #10 Exhibit Exh 9 -Auction Settlement of Decedents home, #11 Exhibit Exh 10-Attorney Rick Winters Ledger, page 2, #12 Exhibit Exh 11- Court-appointed Trustee Marshall Hormans paperwork regarding sale of Decedents home, #13 Exhibit Exh 12- Sherrie Smiths Initial June 4, 2015 Complaint in Case No. 10-C-15-001632, #14 Exhibit Exh 13 -Circuit Court for Frederick County Judgment in Case No. 10-C-15-001632, #15 Exhibit Exh 14-Sherrie Smiths September 21, 2017 Petition to Reopen the Estate, #16 Exhibit Exh 15- Orphans Court January 16, 2018 Order in Estate No. 39,560, #17 Exhibit Exh 16- Circuit Court for Frederick County Judge Nicklas November 1, 2018 Opinion in Case No. C-10-CV-18-000157, #18 Exhibit Exh 17-Sherrie Smiths August 24, 2018 Petition to Remove Tammy Keyser (now Martz) as Personal Representative of the Estate, #19 Exhibit Exh 18- Tammy Keysers (now Martz) November 2018 Motion to Dismiss Sherrie Smiths Petition to Remove Tammy Keyser (now Martz) as Personal Representative of the Estate, #20 Exhibit Exh 19- Orphans Court January 3, 2019 Order in Estates No. 39,560, #21 Exhibit Exh 20-Circuit Court for Frederick County Order in Case No. C-10-CV-19-152, #22 Exhibit Exh 21- Court of Special Appeals March 8, 2021 Opinion in Smith v. Keyser (now Martz), #23 Exhibit Exh 22-Sherrie Smiths July 12, 2019 filing of Criminal Charges against Tammy Martz in Case No. D-111-CR-19-000102, #24 Exhibit Exh 23- Court of Special Appeals July 27, 2020 Opinion in Smith v. Horman, #25 Exhibit Exh 24-Tammy Keysers (now Martz) September 12, 2015 Counter Complaint in Case No. 10-C-15-001632, #26 Exhibit Exh 25- Circuit Court for Frederick County Order for Partial Summary Judgment in Case No. 10-C-15-001632, #27 Exhibit Exh 26- February 2, 2018 Exceptions Hearing Transcript in Case No. 10-C-15-001632, #28 Exhibit Exh 27- January 20, 2017 Motions Hearing Transcript in Case No. 10-C-15-001632)(DeGonia, Thomas) |
| Filing 8 SUMMONS Returned Executed by Sherrie Lynn Smith. Tammy Sue Martz served on 12/4/2021, answer due 12/27/2021.(Schimel, Richard) |
| Filing 7 QC NOTICE: #6 Affidavit of Service filed by Sherrie Lynn Smith was filed incorrectly. **Incorrect event was selected. Please refile using the event under Service of Process: Summons Returned Executed. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) |
| Filing 6 (FILED IN ERROR) AFFIDAVIT of Service for Complaint & Summons served on Tammy Sue Martz on 12/4/21, filed by Sherrie Lynn Smith.(Schimel, Richard) Modified on 12/8/2021 (bmhs, Deputy Clerk). |
| Filing 5 NOTICE by Sherrie Lynn Smith re #1 Complaint (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4, #5 Exhibit #5, #6 Exhibit #6, #7 Exhibit #7)(Schimel, Richard) |
| Filing 4 Summons Issued 21 days as to Tammy Sue Martz.(ko, Deputy Clerk) |
| Filing 3 NOTICE by Sherrie Lynn Smith re #1 Complaint (Attachments: #1 Summons)(Schimel, Richard) |
| Filing 2 QC NOTICE: #1 Complaint filed by Sherrie Lynn Smith was filed incorrectly. **The following attachments or exhibits are missing - Civil Cover Sheet and summons. To correct this problem, file Civil Cover Sheet and summons using the event Notice (Other) and link Civil Cover Sheet and summons to #1 . (ko, Deputy Clerk) |
| Filing 1 COMPLAINT against TAMMY SUE MARTZ ( Filing fee $ 402 receipt number 0416-9634427.), filed by SHERRIE LYNN SMITH.(Schimel, Richard) |
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