Brakebill et al v. Moncier et al (TV2)
Plaintiff: Jack F. Brakebill and Donna Brakebill
Defendant: Herbert S. Moncier, J. Michell Brakebill-Wilkerson and James J. Wilkerson, Jr.
Thirdparty_defendant: Dale J Montpelier, Joseph F Della-Rodolfa and Stephen K Perry
Thirdparty_plaintiff: Herbert S. Moncier
Counter_claimant: Herbert S. Moncier
Counter_defendant: Donna Brakebill and Jack F. Brakebill
Case Number: 3:2014cv00105
Filed: March 14, 2014
Court: US District Court for the Eastern District of Tennessee
Office: Knoxville Office
County: Knox
Presiding Judge: Thomas A Varlan
Presiding Judge: C Clifford Shirley
Nature of Suit: Racketeer Influenced and Corrupt Organizations
Cause of Action: 18:1962
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 15, 2016 Opinion or Order Filing 308 MEMORANDUM AND ORDER denying 306 Motion Supplement the Record for Purposes of Appeal. Signed by Magistrate Judge C Clifford Shirley, Jr on 3/15/16. (JBR)
November 17, 2015 Opinion or Order Filing 300 MEMORANDUM OPINION AND ORDER: The Court DENIES defendant's appeal of the protective order and supplemental motions [Docs. 268 , 270 , 273 , 276 ]. Defendant's motion to lift the stay to consider granting relief from the protective order is hereby MOOT [Doc. 284 ]. Plaintiff is DIRECTED to respond to defendant's motion for an extension of time to file a notice of appeal of the abstention and stay order [Doc. 269 ] within fourteen days from the entry of this order. Defendant will have seven days from the filing of plaintiff's response to reply. Defendant's motion for an extension of time to file a notice of appeal of the Court's order denying defendant's motion to revise the protective order is DENIED [Doc. 274 ]. Signed by Chief District Judge Thomas A Varlan on 11/17/15. (JBR)
November 14, 2014 Opinion or Order Filing 228 MEMORANDUM AND ORDER denying 86 Motion to Bifurcate. Signed by Magistrate Judge C Clifford Shirley, Jr on 11/14/14. (JBR)
October 8, 2014 Opinion or Order Filing 192 ORDER denying 159 Motion to Expedite. Consistent with the Court's Order 180 , entered September 29, 2014, Plaintiffs shall have up to and including October 14, 2014, in which to respond to the Motion to Disqualify Counsel, and Defendants shall have up to and including October 28, 2014, in which to file a final reply in support of the Motion to Disqualify Counsel. As stated in the Notice of Hearing sent September 24, 2014, the undersigned will hear oral arguments on the Motion to Disqualify at 1:30 p.m. on November 19, 2014. Signed by Magistrate Judge C Clifford Shirley, Jr on 10/8/14. (JBR)
October 6, 2014 Opinion or Order Filing 185 ORDER denying as moot 130 the Motion to Strike. Signed by Magistrate Judge C Clifford Shirley, Jr on October 6, 2014. (AYB) (Main Document 185 replaced on 10/6/2014) (ABF, ).
August 11, 2014 Opinion or Order Filing 125 ORDER granting 119 Motion to Continue Hearing regarding [Doc. 119 ] Motion to Quash filed by Non-Party Katherine A. Young. The hearing set to commence at 9:30 a.m. on August 12, 2014 is CANCELLED. The Court will not re-schedul e the hearing at this time, and instead, the Court will rely on Ms. Young's counsel and Mr. Moncier to advise the Court when the parties are prepared to go forward with this hearing. If a hearing has not been set by October 15, 2014, the parties are INSTRUCTED to join in a conference call and contact chambers to advise the Court of the status of this dispute. Signed by Magistrate Judge C Clifford Shirley, Jr on August 11, 2014. (RLK)
July 25, 2014 Opinion or Order Filing 102 ORDER denying as moot 71 Defendant Herbert Moncier's Motion to Revise the Court's Order to Substitute the Date of August 12th for August 11th for Setting Depositions. Signed by Magistrate Judge C Clifford Shirley, Jr on July 25, 2014. (AYB)
June 13, 2014 Opinion or Order Filing 62 MEMORANDUM AND ORDER. The Plaintiffs' Motion to Withdraw as Attorney [Doc. 38 ] filed by AttorneyStephen Perry is GRANTED. Attorney Stephen Perry is RELIEVED of his duties as counsel in this case. The Plaintiffs' Motion to Stay Depositions Pending Ruling of Applicability of Younger Doctrine [Doc. 37 ] is DENIED. The Plaintiffs' Motion for Protective Order [Doc. 46 ] is DENIED AS MOOT. Defendant Herbert Moncier's Motion to Strike and Provisional Response [Doc. 49 ] is DENIED AS MOOT. Defendant Herbert Moncier's Motion to Strike and Provisional Response [Doc. 50 ] is DENIED AS MOOT. Plaintiffs' Supplemental Motion for Protective Order [Doc. 51 ] is DENIED AS MOOT. Addition ally, the Court finds that the related request for fees and expenses is moot. Defendant Herbert Moncier's Motion to File Motion and Materials Under Seal [Doc. 53 ] is DENIED. The Clerk of Court will remove the proposed sealed documents from the record. To the extent the proposed sealed documents constituted a motion to strike portions of Mr. Perry's Motion to Withdraw as counsel, the motion to strike is DENIED. Similarly, to the extent Mr. Moncier made an oral motion to strike po rtions of Mr. Perry's Motion to Withdraw, based upon the allegedly disparaging and irrelevant allegations contained therein, this oral motion is DENIED. The Plaintiffs' Second Motion to Supplement Motion for Protective Order [Doc. 57 ] is DENIED AS MOOT. Additionally, the Court finds that the related request for fees and expenses is moot. Mr. Moncier SHALL SERVE the Rule 34 document requests described at the hearing on counsel for the Plaintiffs on or before June 14, 2014. The p arties SHALL RESPOND on or before July 14, 2014 to the document requests that have been served and are pending on or before June 14, 2014. Counsel for the parties SHALL HOLD OPEN July 25, July 30, August 4, August 5, August 6, August 8, August 11, A ugust 14, August 15, August 18, August 19, and August 20 as potential dates for conducting depositions. Counsel for the parties SHALL APPEAR before the undersigned on July 22, 2014, at 9:30 a.m. for a status conference to address discovery in this matter. The parties are strongly encouraged to discuss and schedule depositions, to the extent they are able, prior to appearing before the undersigned. The parties are ADMONISHED to conduct this litigation in a manner that will not waste the parties' and the Court's resources and will ensure the "just, speedy, and inexpensive determination" of this action. Signed by Magistrate Judge C Clifford Shirley, Jr on June 13, 2014. (RLK)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Tennessee Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Brakebill et al v. Moncier et al (TV2)
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Herbert S. Moncier
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: J. Michell Brakebill-Wilkerson
Represented By: Wayne A Ritchie, II
Represented By: James R Stovall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: James J. Wilkerson, Jr.
Represented By: Wayne A Ritchie, II
Represented By: James R Stovall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Jack F. Brakebill
Represented By: Joseph F Della-Rodolfa
Represented By: Dale J Montpelier
Represented By: Stephen K Perry
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Donna Brakebill
Represented By: Joseph F Della-Rodolfa
Represented By: Dale J Montpelier
Represented By: Stephen K Perry
Represented By: Joseph F Della-Rodolfa
Represented By: Dale J Montpelier
Represented By: Stephen K Perry
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_defendant: Dale J Montpelier
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_defendant: Joseph F Della-Rodolfa
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_defendant: Stephen K Perry
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_plaintiff: Herbert S. Moncier
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter_claimant: Herbert S. Moncier
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter_defendant: Donna Brakebill
Represented By: Joseph F Della-Rodolfa
Represented By: Dale J Montpelier
Represented By: Stephen K Perry
Represented By: Joseph F Della-Rodolfa
Represented By: Dale J Montpelier
Represented By: Stephen K Perry
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter_defendant: Jack F. Brakebill
Represented By: Joseph F Della-Rodolfa
Represented By: Dale J Montpelier
Represented By: Stephen K Perry
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?