Soutullo v. Smith et al
| Scott Soutullo |
| Jason Shelton, Danny A. Drake, Lawrence Hoskins, Calvin Land, United States of America, Cunningham Bounds, LLC, John Green, Michael Joe Cannon, Don Davis, Robert Grantham, Dwight Lovelady, George Haymans, James Irvin, Adrianne Lovelady, Tyler L. Smith and Associates, PLLC, Tracy Williams, Tyler L. Smith, Mike Huggins, Frank M. Yerger, Meriweather Shelton, Jeff Irvin, Ann McCain, Karen Smith, Ray Poole and Frank Yerger |
| 3:2019cv00148 |
| July 8, 2019 |
| US District Court for the Northern District of Mississippi |
| Debra M Brown |
| Roy Percy |
| Forfeit/Penalty: Other |
| 28 U.S.C. § 2410 |
| None |
Docket Report
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This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 REPLY to Response to Motion re #26 Amended MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land filed by George Haymans. (Martz, Michael) |
| Filing 44 JOINDER re #40 Response in Opposition to Motion, #34 Response in Opposition to Motion, #38 Memorandum in Support, #37 Response in Opposition to Motion, re #26 Amended MOTION for Summary Judgment By Mike Huggins and Ann McCain. (Harper, James) Modified on 8/29/2019 (jla). |
| Filing 43 JOINDER re #38 Memorandum in Support, #37 Response in Opposition to Motion re #26 Amended MOTION for Summary Judgment By: Michael Joe Cannon, Don Davis, and Ray Poole. (Hughes, J.) Modified on 8/29/2019 (jla). |
| Filing 42 JOINDER re #38 Memorandum in Support, #37 Response in Opposition to Motion re #26 Amended MOTION for Summary Judgment . (Shelton, David) Modified on 8/29/2019 (jla). |
| Filing 41 MEMORANDUM IN SUPPORT re #40 Response in Opposition to Motion re #26 Amended MOTION for Summary Judgment filed by Robert Grantham, Frank Yerger. (Shelton, David) Modified on 8/29/2019 (jla). |
| Filing 40 RESPONSE in Opposition re #26 Amended MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land filed by Robert Grantham, Frank Yerger. (Shelton, David) |
| Filing 39 JOINDER re #38 Memorandum in Support, #37 Response in Opposition to Motion, re #26 Amended MOTION for Summary Judgment by Lawrence Hoskins. (Woodhouse, Ben) Modified on 8/29/2019 (jla). |
| Filing 38 MEMORANDUM IN SUPPORT re #37 Response in Opposition to Motion, re #26 Amended MOTION for Summary Judgment. (Wright, Samuel) Modified on 8/29/2019 (jla). |
| Filing 37 RESPONSE in Opposition re #26 Amended MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land filed by United States of America. (Attachments: #1 Exhibit HCM Complaint, #2 Exhibit Consent Judgment, #3 Exhibit Answer of Garnishee) (Wright, Samuel) |
| Filing 36 RESPONSE to Motion re #26 Amended MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land filed by Cunningham Bounds, LLC. (Mauldin, John) |
| Filing 35 CORPORATE STATEMENT . (Mauldin, John) |
| Filing 34 RESPONSE in Opposition re #26 Amended MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land filed by Scott Soutullo. (Klotz, J.) |
| Filing 33 Interpleader Deposit Received (28 U.S.C. Section 1335) in the amount of $529,291.98. (Attachments: #1 Receipt) (edc) |
Filing 32
ORDER granting #30 Motion to Deposit Funds. Signed by Magistrate Judge Roy Percy on 8/20/19. (cs)
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| Filing 31 NOTICE of Conference: Case Management Conference reset for 9/26/2019 02:00 PM in Judge Percy Chambers before Magistrate Judge Roy Percy. (rtc) |
| Filing 30 MOTION to Deposit Funds by United States of America. (Attachments: #1 Exhibit Circuit Court Order) (Wright, Samuel) |
| Filing 29 CORPORATE STATEMENT . (Martz, Michael) |
| Filing 28 NOTICE of Attorney Appearance by Terry Dwayne Little on behalf of Ann McCain (Little, Terry) |
| Filing 27 MEMORANDUM IN SUPPORT re #26 Amended MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land filed by Calvin Land. (Land, John) |
| Filing 26 Amended MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land by Calvin Land. (Attachments: #1 Exhibit Hayman's 1/22/15 Enrolled Judgment, #2 Exhibit Lands' 3/16/15 Civil Complaint, #3 Exhibit Land's lien demand on Soutullo, #4 Exhibit Land's lien demand on Cunningham, #5 Exhibit US Attorney's letter to victims, #6 Exhibit USDC Judgment against Tyler Smith, #7 Exhibit USDC Abstract - Land's Restitution Judgment, #8 Exhibit Land's Garnishment on funds, #9 Exhibit US Attorney's letter to victims re: funds deposited, #10 Exhibit US Attorney's lien notices in Panola Chancery Court) (Land, John) |
| NOTICE Cancelling Case Management Conference set for August 20, 2019. To be reset by a separate notice. (rtc) |
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Filing 25
ORDER denying as moot #21 Motion for Extension of Time to File Response ; denying as moot #22 Motion for Extension of Time to File Response ; denying without prejudice #13 Motion for Summary Judgment. Signed by District Judge Debra M. Brown on 8/7/19. (tab)
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| Filing 24 NOTICE of Attorney Appearance by Danny A. Drake on behalf of Danny A. Drake (Drake, Danny) |
| Filing 23 RESPONSE to Motion re #13 Joint MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land filed by Scott Soutullo. (Klotz, J.) |
| Filing 22 MOTION for Extension of Time to File Response/Reply re #13 Joint MOTION for Summary Judgment by Robert Grantham, Frank Yerger. (Shelton, David) Modified on 8/5/2019 (jla). Modified on 8/5/2019 (jla). |
| Filing 21 MOTION for Extension of Time to File Response/Reply re #13 Joint MOTION for Summary Judgment by Lawrence Hoskins, United States of America. (Wright, Samuel) Modified on 8/5/2019 (jla). |
| Filing 20 ANSWER to State Court Complaint by Robert Grantham, Frank Yerger. (Shelton, David) Modified on 8/5/2019 (jla). |
| Filing 19 NOTICE of Attorney Appearance by James David Harper on behalf of Mike Huggins, Ann McCain (Harper, James) |
| Filing 18 RESPONSE to Motion re #12 MOTION to Dismiss Cunningham Bounds as a Claimant Defendant filed by Scott Soutullo. (Klotz, J.) |
| Filing 17 STATE COURT RECORD - REMOVAL. (Attachments: #1 State Court Civil Cover Sheet, #2 Complaint for Interpleader, #3 Receipt #36949 (filing fees), #4 Receipt #36951, #5 Summons Issued to Jason Shelton, #6 Summons Issued to Meriwether Shelton, #7 Summons Issued to Jeff Irwin, #8 Summons Issued to Calvin Land, #9 Summons Issued to Robert Grantham, #10 Summons Issued to Frank Yerger, #11 Summons Issued to Mike Huggins, #12 Summons Issued to Don Davis, #13 Summons Issued to Michael Joe Cannon, #14 Summons Issued to John Green, #15 Summons Issued to George Haymans DBA Haymans' Capital Management, #16 Summons Issued to Tyler Lee Smith, #17 Summons Issued to Karen Smith, #18 Answer and Asserts a Claim Against the Money Deposited (by Land), #19 Notice and Certificate of Discovery (by Land), #20 Corrected 1st page of Answer and Assertion of Claim Against the Money Deposited (by Land), #21 Joinder and Waiver (by Poole), #22 Answer of Defendants Cannon, Davis and Poole to Plaintiff's 1st Amended Complaint for Interpleader and Defendants Cannon, Davis and Poole's Claim of Fraud, Demand for Funds and any Future Funds being held in the Circuit Court of Lafayette County, #23 First Amended Complaint for Interpleader, #24 Answer and Assertion of Claim of Land to First Amended Complaint for Interpleader, Objection to Dismissal of Plaintiff Without Production of Supporting Documents and Claim Against the Money Deposited or to be Deposited, #25 Notice and Certificate of Service of Discovery (by Land), #26 Tyler Lee Smith Summons Returned "Not Found", #27 Executed Summons on Jason Shelton, #28 Executed Summons on Meriwether Shelton, #29 Answer to Plaintiff's 1st Amended Complaint (by Grantham and Yerger), #30 Answer of Haymans' Capital Management to 1st Amended Complaint, #31 Answer to Plaintiff's 1st Amended Complaint (by John Green), #32 Defendant Huggins' Answer to 1st Amended Complaint for Interpleader, #33 Notice of Service of First Interrogatories and Requests for Production of Documents to Scott Soutullo (by Yerger and Grantham), #34 Notice of Adding Additional Funds to Interpleader (filed 6/20/2019), #35 Receipt #37681, #36 Receipt #37778, #37 Motion to Intervene and Interplead Funds (by Cunningham Bounds LLC), #38 Notice of Adding Additional Funds to Interpleader (filed 3/13/2017), #39 Receipt #38751, #40 Receipt #38752, #41 Receipt #38753, #42 Receipt #38754, #43 Receipt #38755, #44 Receipt #38756, #45 Receipt #38761, #46 Receipt #38758, #47 Receipt #38759, #48 Answer and Assertion of Claim and Request for Seizure of All Interplead Funds in this Action Puursuant to Judgment Lien, #49 Co-Defendants' Response and Objection to Co-Defendant Land's Answer and Request for Seizure, #50 Amendment to Answer and Assertion of Claim and Request for Seizure of All Interpled Funds in this Action Pursuant to Judgment Lien and Notice of Request for Hearing as Soon as Counsel Can be Heard and Alternatively for Trial Setting (by Land), #51 Addendum to Land's Motion for Summary Judgment, #52 Motion for Summary Judgment Awarding Interpled Fund to Calvin Land and Supporting Memorandum of Law, #53 Co-Defendants' Response and Opposition to Co-Defendant Land's Motion for Summary Judgment and Addendum, #54 Order of Recusal, #55 Response to Motion for Summary Judgment (by Plaintiff), #56 Co-Defendants Yerger and Grantham's Response in Opposition to Land's Request for Seizure and Motion for Summary Judgment, #57 Amendment to Answer to Interpleader of Soutullo and Bounds, Re-Assertion of Seizure of Existing Interpled Funds, Assertion of Seizure Against Newly Interpled Funds, Request for Distribution of Interpled Funds to Land and Amendment of Pending Motion for Summary Judgment to Include Consideration of Subsequently Interpled Funds and Notice of Request for Hearing, Alternatively for a Trial Setting, #58 Receipt #39119, #59 Notice of Adding Additional Funds Interpleader (filed 5/8/2017), #60 Notice of Service (by Land), #61 Response and Objection to Co-Defendant Land's Answer and Request for Seizure (by Green), #62 Order from Supreme Court Appointing Special Judge, #63 Receipt #39429, #64 Receipt #39430, #65 Receipt #39431, #66 Motion to Interplead Additional Funds (by Bounds), #67 Notice of Service (by Land), #68 Rebuttal in Opposition to Land's Motion for Summary Judgment, #69 Motion to Set Hearing Date, #70 Co-Defendants' Objection to Land Hearing as Premature, #71 Notice and Certificate of Service on Tracy Williams of Recent Filings by Calvin Land, #72 Notice of Adding Additional Funds to Interpleader (filed 9/29/17), #73 Receipt #39799, #74 Land's Response to Writ of Garnishment Served by Co-Defendant George Haymans Capital Management, #75 Motion to Intervene and Claim to Interplead Funds (filed by Drake), #76 Notice of Hearing, #77 Land's Rebuttal to Opposition of Certain Defendants to the Court Hearing Land's Motion for Summary Judgment, #78 Intervenor Drake's Reply to Defendant Land's Response, #79 Motion of Land for Additional Time to File Rebuttal to Drake Response to Land's Opposition, #80 Response of Defendant Land to Motion of Drake to Intervene and to Assert a Claim Against the Interpled Fund, #81 Rebuttal of Defendant Land in Response to Drake's Reply, #82 Order Granting [time] Land Rebuttal to Drake Response, #83 Further Response (by Drake), #84 Land's Notice and Certificate of Service of Discovery Requests to Haymans, #85 Notice and Certificate of Service (by Land), #86 Notice of Hearing as Soon as Counsel Can be Heard, #87 Motion for Judgment on the Pleadings (by Land), #88 Renewed Motion and Request of Land for Entry of Judgment or Alternatively, a Hearing Date for Motions or Alternatively, for a Rule 16 Pre-Trial Conference, #89 Notice of Adding Additional Funds to Interpleader (filed 6/4/18), #90 Receipt #41177, #91 Receipt #41178, #92 Joinder in Defendant Drake's Response in Opposition to Land's Renewed Motion and Request (by Cannon, Davis and Poole), #93 Addendum to Renewed Motion and Request of Land for Entry of Judgment or Alternatively, a Hearing Date or Alternatively, for Rule 16 Pre-Trial Conference, #94 Rebuttal of Defendant Land to Opposition of Drake to Judgment for Distribution of $155,900 to Land Now, #95 Drake's Response in Opposition to Land's Renewed Motion and Request, #96 Objection of Land to Entry of Proposed Consent Judgment of Tyler Smith, #97 Request of Defendant/Claimants Who are Enrolled Judgment Creditors Against the Funds Deposited with the Clerk for a Hearing and/or Rule 16 Conference, #98 Drake's Response in Opposition to Land's Request of Def/Claimants who are Enrolled Judgment Creditors Against the Funds Deposited with the Clerk for a Court Hearing and/or Rule 16 Conference, #99 Suggestion for Writ of Garnishment (by Land), #100 Receipt #42052 (garnishment fee), #101 Writ of Garnishment (by Land), #102 Land's Notice and Certificate of Service of Documents Relating to Garnishment, #103 Suggestion for Issuance of Writ of Garnishment and Writ of Garnishment in Reference to Case 3:16CR009-001, #104 [Circuit Clerk's] Answer to Writ of Garnishment for Tracy Williams, #105 [Circuit Clerk's] Answer to Writ of Garnishment for Calvin Land, #106 Notice of Entry of Appearance (Mauldin on behalf of Bounds), #107 Joint Motion for Summary Judgment (Land and Haymans), #108 Drake's Response in Opposition to Land's and Haymans' Joint Motion for Summary Judgment, #109 Suggestion for Issuance of Writ of Garnishment (by Tracy Williams), #110 Notice of Adding Additional Funds to Interpleader (filed 2/14/19), #111 Receipt #42577, #112 Receipt #42578, #113 Receipt #4579, #114 Receipt #42580, #115 Receipt #42581, #116 Receipt #42582, #117 Receipt #42583, #118 Receipt #42584, #119 Joinder in Defendant Drake's Response in Opp to Land's and Haymans' Joint Mot for Summary Judgment (by Cannon, Davis and Poole), #120 Notice of Adding Additional Funds to Interpleader (filed 2/25/19), #121 Receipt #42643, #122 Notice of Adding Additional Funds to Interpleader (filed 2/25/19), #123 Receipt #42637, #124 Receipt #42638, #125 Receipt #42639, #126 Receipt #42640, #127 Receipt #42641, #128 Receipt #42642, #129 Attorney M. Reed Martz Letter to Judge Ford, #130 Motion to Intervene (by Hoskins), #131 Order Setting Hearing for May 15, 2019, #132 Motion for Leave to File Third Amended Interpleader Complaint, #133 Third Amended Interpleader Complaint, #134 Notice of Appearance by Attorney Hearn, #135 Notice of Hearing on May 15, 2019, #136 Motion for Leave to File Fourth Amended Interpleader Complaint, #137 Fourth Amended Interpleader Complaint, #138 Entry of Appearance (for Hoskins), #139 Notice of Adding Additional Funds to Interpleader (filed 5/20/19), #140 Receipt #43120, #141 Receipt #43121, #142 Notice of Adding Additional Funds to Interpleader (filed 5/30/19), #143 Receipt #43164, #144 Receipt #43166, #145 Receipt #43165, #146 Answer and Claim of Lawrence Hoskins, #147 Answer of Haymans to Fourth Amended Complaint, #148 Answer and Defenses of Land, Defendant, Counterclaimant and Cross Claimant, #149 Order Resetting Status Conference, #150 Order Granting Bounds' Motion to Intervene and Interplead, #151 Amended Answer and Defenses of Calvin Land, Defendant, Counterclaimant and Cross Claimant, #152 Order of Voluntary Dismissal (dismissing Beacon Holdings), #153 Order Granting Motion for Leave to File Fourth Amended Interpleader Complaint, #154 Order on Motion for Summary Judgment, #155 Order on Voluntary Dismissal (Beacon Holdings), #156 Notice of Filing of Removal from State Court (by United States of America)) (Wright, Samuel) |
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TEXT ORDER EXTENDING DEADLINE TO FILE STATE COURT RECORD TO 7/26/19. NO DOCUMENT ATTACHED. Signed by Magistrate Judge Roy Percy on 7/23/19. (cs)
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| Filing 16 NOTICE of Attorney Appearance by John Stannard Farese on behalf of John Green (Farese, John) |
| Filing 15 ITEMIZATION OF FACTS re #14 Memorandum in Support, #13 Joint MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land . (Attachments: #1 Exhibit Enrolled Judgment of Haymans, #2 Exhibit Land's Complaint for Damages, #3 Exhibit Land's Demand to Soutullo, #4 Exhibit Land's Demand to Cunningham Bounds, #5 Exhibit US Attorney Restitution Letter, #6 Exhibit Restitution Judgment, #7 Exhibit Abstract of Land Judgment, #8 Exhibit Land's Suggestion for Garnishment, #9 Exhibit US Attorney to Restitution Victims, #10 Exhibit US Enrollment of Restitution Judgment) (Land, John) |
| Filing 14 MEMORANDUM IN SUPPORT re #13 Joint MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land filed by Calvin Land. (Land, John) |
| Filing 13 Joint MOTION for Summary Judgment By Haymans Capital Management, LLC and Calvin Land by Calvin Land. (Land, John) |
| Filing 12 MOTION to Dismiss Cunningham Bounds as a Claimant Defendant by Cunningham Bounds, LLC. (Attachments: #1 Exhibit A - Motion to Intervene and Interplead Funds, #2 Exhibit B - Motion to Interplead Additional Funds, #3 Exhibit C - Order Granting Motion to Intervene, #4 Exhibit D - Order Granting Motion for Leave) (Mauldin, John) |
| Filing 11 NOTICE of Attorney Appearance by J. Christopher Klotz on behalf of Scott Soutullo (Klotz, J.) |
| Filing 10 NOTICE of Attorney Appearance by John W. Land on behalf of Calvin Land (Land, John) |
| Filing 9 NOTICE of Attorney Appearance by David Shelton on behalf of Robert Grantham, Frank Yerger (Shelton, David) Modified on 8/5/2019 (jla). |
| Filing 8 NOTICE of Attorney Appearance by Philip C. Hearn on behalf of Tracy Williams (Hearn, Philip) |
| Filing 7 NOTICE of Attorney Appearance by J. P. Hughes, Jr on behalf of Michael Joe Cannon, Don Davis, Ray Poole (Hughes, J.) |
| Filing 6 NOTICE of Attorney Appearance by J. P. Hughes, Jr on behalf of Jay P. Hughes (Hughes, J.) |
| Filing 5 NOTICE of Attorney Appearance by Michael Reed Martz on behalf of George Haymans (Martz, Michael) |
| CLERK'S NOTICE OF CORRECTION re #6 Notice of Attorney Appearance: Attorney to refile as to parties indicated on document. (jwr) |
| Filing 4 NOTICE of Attorney Appearance by Ben Thomas Woodhouse on behalf of Lawrence Hoskins (Woodhouse, Ben) |
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Filing 3
INITIAL ORDER - RULE 16.1 Case Management Conference set for 8/20/2019 11:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 7/9/19. (rtc)
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| NOTICE OF ASSIGNMENT. Case assigned to Judge Debra M Brown and Magistrate Judge Roy Percy. (tab) |
| Filing 2 FOURTH AMENDED STATE COURT COMPLAINT against Michael Joe Cannon, Cunningham Bounds, LLC, Don Davis, Danny A. Drake, Robert Grantham, John Green, George Haymans, Lawrence Hoskins, Mike Huggins, James Irvin, Jeff Irvin, Calvin Land, Adrianne Lovelady, Dwight Lovelady, Ann McCain, Ray Poole, Jason Shelton, Meriweather Shelton, Karen Smith, Tyler L. Smith, Scott Soutullo, Tyler L. Smith and Associates, PLLC, United States of America, Tracy Williams, Frank M. Yerger, filed by Scott Soutullo. (tab) |
| Filing 1 NOTICE OF REMOVAL by United States of America from Circuit Court Lafayette County, MS, case number L15-478. Pursuant to Local Uniform Civil Rule 5(b) and the Administrative Procedures for Electronic Case Filing for the Northern District of Mississippi, the removing defendant must electronically file a copy of the entire state court record within 14 days of the date of removal. The state court record will be filed using the event State Court Record - Removal. Attach the Notice/Certificate of Filing State Court Record as the main document with each state court document attached as a separate PDF. All attachments must be clearly identified. The state court record can not be filed conventionally., filed by United States of America. (Attachments: #1 Exhibit A Fourth Amended State Court Complaint, #2 Exhibit B State Court Order, #3 Civil Cover Sheet) (tab) |
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