Tujague v. Adkins et al
| Lucien J. Tujague, Jr. |
| Jason Elbert Adkins and The Castro Family Trust, LLC |
| 2:2018cv01125 |
| September 27, 2018 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Algenon L Marbley |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| None |
Docket Report
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Filing 31
ORDER: The Court REFERS this action to the United States Bankruptcy Court for the Southern District of Ohio, Eastern Division at the Columbus. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/28/2018. (ew)
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| Filing 30 Case transferred in from District of Texas Eastern; Case Number 4:18-cv-00631. Original file electronic copy of transfer order and docket sheet received. |
| Judge Algenon L. Marbley and Magistrate Judge Elizabeth Preston Deavers added. Motions referred to Elizabeth Preston Deavers. (er) |
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Filing 29
MEMORANDUM OPINION AND ORDER. The Court SEVERS and TRANSFERS Tujague's fraudulent transfer claims against Adkins and the Trust to the Southern District of Ohio, for referral to the Bankruptcy Court administering Landash's estate, No. 2:2018-BK-50300, and DIRECTS the Clerk of this Court to take all actions necessary and appropriate to effectuate the severance and transfer of these claims. The Clerk is DIRECTED to transfer this case without delay. Signed by District Judge Amos L. Mazzant, III on 9/21/2018. (rpc, ) [Transferred from Texas Eastern on 9/27/2018.]
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| Filing 28 Court's Exhibit List. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(saenz, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Preliminary Injunction Hearing held on 9/20/2018. Arguments held regarding the pending motions recently filed. Later, after a short recess, the Court announced that the testimony hearing will relate only as to defendant Adkins. Plaintiff called witness(es): 1) John Eckered, Jr. 2) Patrick Davis, and 3) Lucien J Tujague Jr. Exhibits 1-5 admitted. The Court announced it will issue written orders to modify and to extend the Temporary Restraining Order. Appearances: Paul Stanford and Geoffrey Henley for plaintiff. Robert Tobey; Gerrit Pronske; and William Taylor for defendant. Robert Webster for John Eckered Jr. (Court Reporter: Jan Mason [1:33-2:36; 2:43-3:03; 3:20-5:05pm]; Law clerk: Joseph Bui; Courtroom Deputy: Belinda Saenz), filed(saenz, ) [Transferred from Texas Eastern on 9/27/2018.] |
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Filing 27
ORDER. The Order on Plaintiff's Emergency Motion for Temporary Restraining Order, Expedited Discovery and Writ of Attachment and Avoidance of Transfers, entered by the Court on September 6, 2018, is hereby extended through October 4, 2018, but modified as follows: The Castro Family Trust is hereby ORDERED to maintain $3 million in the aggregate in their Wells Fargo bank account, and it is FURTHER ORDERED that all other funds, assets, accounts and credit in excess of $3 million be and hereby are UNFROZEN immediately upon entry of this Order. Signed by District Judge Amos L. Mazzant, III on 9/20/2018. (baf, ) [Transferred from Texas Eastern on 9/27/2018.]
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Filing 26
ORDER. On September 20, 2018, the Court held a preliminary injunction hearing. After considering the evidence presented and arguments of counsel at the hearing, the Court believes the preliminary injunction should be granted. Therefore, the Court extends the Temporary Restraining Order for fourteen (14) days so that the Court is able to issue an order on the preliminary injunction. Signed by District Judge Amos L. Mazzant, III on 9/20/2018. (baf, ) [Transferred from Texas Eastern on 9/27/2018.]
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| Filing 25 Summons Returned Unexecuted by Lucien J. Tujague, Jr as to The Castro Family Trust, LLC. (Dan Castro and Donna Castro) (Attachments: #1 Summons(es))(rpc, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 24 SUMMONS Returned Executed by Lucien J. Tujague, Jr. Jason Elbert Adkins served on 9/9/2018, answer due 10/1/2018. (Henley, Geoffrey) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 23 RESPONSE in Opposition re #20 MOTION to Quash Subpoena of John Eckerd filed by Lucien J. Tujague, Jr. (Henley, Geoffrey) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 22 RESPONSE in Opposition re #13 Emergency MOTION for Hearing re #12 Emergency MOTION to Dissolve Emergency Order and to Schedule Emergency Hearing re #2 Complaint, #6 Temporary Restraining Order, Terminate Motions, #1 Emergency MOTION for Temporary Restraining Order a, #12 Emergency MOTION to Dissolve Emergency Order and to Schedule Emergency Hearing re #2 Complaint, #6 Temporary Restraining Order, Terminate Motions, #1 Emergency MOTION for Temporary Restraining Order and Expedited Discovery and Writs of Atta, #16 MOTION for Reconsideration re #6 Temporary Restraining Order, Terminate Motions and Objection to Expedited Discovery filed by Lucien J. Tujague, Jr. (Attachments: #1 Exhibit Exhibit A Cover, #2 Exhibit Euro Tread website excerpts, #3 Exhibit Exhibit B Cover, #4 Exhibit Euro Tread Acct Signature Cards, #5 Exhibit Exhibit C Cover, #6 Exhibit Euro Tread Corp Resolution, #7 Exhibit Exhibit D Cover, #8 Exhibit Euro Tread Bank Statements, #9 Exhibit Exhibit E Cover, #10 Exhibit La Mia Bella BOA Acct Excerpts, #11 Exhibit Exhibit F Cover, #12 Exhibit Creditor Meeting Transcript Excerpts, #13 Exhibit Exhibit G Cover, #14 Exhibit Johnston Correspondence to Wells Fargo)(Henley, Geoffrey) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 21 NOTICE of Attorney Appearance by William D Taylor on behalf of The Castro Family Trust, LLC (Taylor, William) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 20 MOTION to Quash Subpoena of John Eckerd by The Castro Family Trust, LLC. (Attachments: #1 Text of Proposed Order)(Tobey, Robert) (Attachment 1 replaced on 9/19/2018) (rpc, ). [Transferred from Texas Eastern on 9/27/2018.] |
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Filing 19
ORDER SETTING HEARING. The Court hereby sets motion #12 for hearing on Thursday, September 20, 2018, at 1:30 p.m. Plaintiff is directed to file a response to this motion no later than 5:00 p.m. on Wednesday, September 19, 2018. The Court hereby RESETS the Preliminary Injunction Hearing to Thursday, September 20, 2018, at 1:30 p.m. Signed by District Judge Amos L. Mazzant, III on 9/17/2018. (rpc, ) [Transferred from Texas Eastern on 9/27/2018.]
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| Filing 18 RESPONSE in Opposition re #1 Emergency MOTION for Temporary Restraining Order and Expedited Discovery and Writs of Attachment to Plaintiff's Request for Preliminary Injunction filed by The Castro Family Trust, LLC. (Johnston, Coyt) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 17 AFFIDAVIT in Support re #12 Emergency MOTION to Dissolve Emergency Order and to Schedule Emergency Hearing re #2 Complaint, #6 Temporary Restraining Order, Terminate Motions, #1 Emergency MOTION for Temporary Restraining Order and Expedited Discovery and Writs of Atta filed by The Castro Family Trust, LLC. (Johnston, Coyt) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 16 MOTION for Reconsideration re #6 Temporary Restraining Order, Terminate Motions and Objection to Expedited Discovery by The Castro Family Trust, LLC. (Attachments: #1 Text of Proposed Order)(Johnston, Coyt) (Attachment 1 replaced on 9/18/2018) (rpc, ). [Transferred from Texas Eastern on 9/27/2018.] |
| ***FILED IN ERROR. Document # 14. No hearing held for transcript to be ordered. PLEASE IGNORE.*** (fal, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 15 NOTICE of Attorney Appearance by Melanie Pearce Goolsby on behalf of The Castro Family Trust, LLC (Goolsby, Melanie) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 14 ***FILED IN ERROR. PLEASE IGNORE.***PAPER TRANSCRIPT REQUEST by The Castro Family Trust, LLC for proceedings held on 9/5/18 TRO Hearing before Judge Amos Mazzant III. (Johnston, Coyt) Modified on 9/17/2018 (fal, ). [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 13 Emergency MOTION for Hearing re #12 Emergency MOTION to Dissolve Emergency Order and to Schedule Emergency Hearing re #2 Complaint, #6 Temporary Restraining Order, Terminate Motions, #1 Emergency MOTION for Temporary Restraining Order and Expedited Discovery and Writs of Atta by The Castro Family Trust, LLC. (Attachments: #1 Text of Proposed Order)(Johnston, Coyt) (Attachment 1 replaced on 9/14/2018) (rpc, ). [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 12 Emergency MOTION to Dissolve Emergency Order and to Schedule Emergency Hearing re #2 Complaint, #6 Temporary Restraining Order, Terminate Motions, #1 Emergency MOTION for Temporary Restraining Order and Expedited Discovery and Writs of Attachment by The Castro Family Trust, LLC. (Attachments: #1 Appendix A)(Johnston, Coyt) (Additional attachment(s) added on 9/14/2018: #2 Text of Proposed Order) (rpc, ). [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 11 ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION Dissolve Emergency Order re #6 Temporary Restraining Order, Terminate Motions by The Castro Family Trust, LLC. (Attachments: #1 Text of Proposed Order)(Johnston, Coyt) Modified on 9/13/2018 (rpc, ). [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 10 MOTION to Dismiss ALTERNATIVELY FOR MORE DEFINITE STATEMENT, and BRIEF IN SUPPORT by The Castro Family Trust, LLC. (Attachments: #1 Text of Proposed Order)(Johnston, Coyt) (Attachment 1 replaced on 9/13/2018) (rpc, ). [Transferred from Texas Eastern on 9/27/2018.] |
| NOTICE of Deficiency regarding the MOTION Dissolve Emergency Order re #6 Temporary Restraining Order, Terminate Motions [document #11 ] submitted by The Castro Family Trust, LLC. The document exceeds the page limit pursuant to Local Rules CV-7(a) and also does not contain a Certificate of Conference pursuant to Local Rules CV-7(i). Correction should be made by one business day. (rpc, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 9 Sealed Affidavit of Ownership of security for Civil Bond and copy of receipt forwarded to Tyler Finance. (aam, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 8 SUMMONS Issued as to The Castro Family Trust, LLC. (Attachments: #1 Summons(es))(rpc, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 7 SUMMONS Issued as to Jason Elbert Adkins. (rpc, ) [Transferred from Texas Eastern on 9/27/2018.] |
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Filing 6
ORDER ON #1 PLAINTIFFS EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY AND WRIT OF ATTACHMENT AND AVOIDANCE OF TRANSFERS. Signed by District Judge Amos L. Mazzant, III on 9/6/2018. (rpc, ) [Transferred from Texas Eastern on 9/27/2018.]
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| NOTICE of Hearing: Preliminary Injunction Hearing set for 9/20/2018 at 12:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. (rpc, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Issued receipt number TXE100017108 in the amount of $1000 to Geoff J. Henley for bond money into the Registry of the Court. Per Court Order doc no. 6, The Clerk shall issue Temporary Restraining Order upon Plaintiff posting a bond of $1,000. (aam, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 5 Additional Attachments to Main Document: #1 Emergency MOTION for Temporary Restraining Order and Expedited Discovery and Writs of Attachment.. (Attachments: #1 Exhibit Affidavit of Lucien Tujague Cover, #2 Exhibit Affidavit of Lucien Tujague, #3 Exhibit Euo Tread Bank Statements Cover, #4 Exhibit Euo Tread Bank Statements, #5 Exhibit 885 Sternberger Road Cover, #6 Exhibit 885 Sternberger Road, #7 Exhibit Affidavit of James Bogers Cover, #8 Exhibit Affidavit of James Bogers, #9 Exhibit Affidavit of Patrick Davis Cover, #10 Exhibit Cover to Proposed Order, #11 Exhibit Proposed Order)(Henley, Geoffrey) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 4 Additional Attachments to Main Document: #2 Complaint.. (Attachments: #1 Exhibit Exhibit A Order Denying Dishcharge, #2 Civil Cover Sheet Civil Case Cover Sheet)(Henley, Geoffrey) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 3 Additional Attachments to Main Document: #1 Emergency MOTION for Temporary Restraining Order and Expedited Discovery and Writs of Attachment.. (Attachments: #1 Exhibit)(Henley, Geoffrey) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 2 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6928785.), filed by Lucien J. Tujague, Jr. (Attachments: #1 Exhibit, #2 Exhibit)(Henley, Geoffrey) [Transferred from Texas Eastern on 9/27/2018.] |
| Filing 1 Emergency MOTION for Temporary Restraining Order and Expedited Discovery and Writs of Attachment by Lucien J. Tujague, Jr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Henley, Geoffrey) [Transferred from Texas Eastern on 9/27/2018.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) [Transferred from Texas Eastern on 9/27/2018.] |
| Case Assigned to District Judge Amos L. Mazzant, III. (rpc, ) [Transferred from Texas Eastern on 9/27/2018.] |
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