Sak v. Lester et al
| Eugene Sak doing business as Sak Capital Partners LLC |
| Timothy P Lester, Moseley & Lester, Larry Bennett, Key Resource Financial Board LLC and Jacqui Bennett |
| 2:2025cv00651 |
| June 23, 2025 |
| U.S. District Court for the Eastern District of Texas |
| Rodney Gilstrap |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 17, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 60
NOTICE OF SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDER AND DISCOVERY ORDER ( Scheduling/Case Management Conference set for 1/22/2026 at 10:30 AM before District Judge Rodney Gilstrap.). Signed by District Judge Rodney Gilstrap on 12/16/2025. (mdj)
|
| Filing 59 Minute Entry for proceedings held before District Judge Rodney Gilstrap: Scheduling Conference/Case Management Conference set on 11/24/2025 from 11:00 AM - 11:58 AM. Case called. Counsel for Plaintiff appeared. No appearance made by Defendant due to inclement weather. Court noted on the record counsel for Defendant previously notified Chambers re: inability to attend. Court continued scheduling conference to be reset for the January term at which time a new notice will be issued. (Court Reporter - Shawn McRoberts) (Text entry only; no document attached) (aeb) |
| Filing 58 FIRST NOTICE of Attorney Appearance by Joseph Matthew Cross on behalf of Eugene Sak (Cross, Joseph) |
|
Filing 57
NOTICE OF SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDER AND DISCOVERY ORDER- Scheduling Conference set for 11/24/2025 at 10:30 AM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 10/28/2025. (mdj)
|
| Filing 56 Minute Entry for proceedings held before District Judge Rodney Gilstrap: Scheduling Conference/Case Management Conference set on 9/30/2025 from 10:38 AM - 11:19 AM. Case called. Court continued scheduling conference to be reset for the November term at which time a new notice will be issued. No exhibits. (Court Reporter - Shawn McRoberts) (Text entry only; no document attached) (aeb) |
| Filing 55 NOTICE of Attorney Appearance by Samantha Palma on behalf of Eugene Sak (Palma, Samantha) |
| Filing 54 NOTICE of Attorney Appearance - Pro Hac Vice by Kevin Heard on behalf of Eugene Sak. Filing fee $ 100, receipt number ATXEDC-11099786. (Heard, Kevin) |
| Filing 53 NOTICE of Attorney Appearance by Kaetlin Austin Martin on behalf of Timothy P Lester, Moseley & Lester (Martin, Kaetlin) |
| Filing 52 NOTICE OF SCHEDULING CONFERENCE: Scheduling/Case Management Conference set for 9/30/2025 at 10:30 AM before District Judge Rodney Gilstrap.. Signed by District Judge Rodney Gilstrap on 08/18/2025. (KLC) |
| Filing 51 Defendants' Original ANSWER to #27 Amended Complaint by Timothy P Lester, Moseley & Lester.(Simmerman, Kirstie) |
| Filing 50 NOTICE of Attorney Appearance by Kirstie M Simmerman on behalf of Timothy P Lester, Moseley & Lester (Simmerman, Kirstie) |
| Case assigned to District Judge Rodney Gilstrap. (KLC) |
| Filing 49 Case transferred in from District of Alabama Northern; Case Number 3:22-cv-01628. Original file certified copy of transfer order and docket sheet received. Pursuant to LR CV-7(j), other than in a prisoner case, any motion pending in the transferor district is considered moot, has been terminated, and must be re-urged to be considered in this district. Modified on 6/23/2025 (KLC). E-mail sent to all counsel of record regarding admittance to TXED. |
|
Filing 48
ORDER transferring case to the Eastern District of Texas for further proceedings; original electronic record will be uploaded to the Clerk of Court 10 business days from this date. Signed by Judge Liles C Burke on 6/9/2025. (AHI) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 47 NOTICE to Jacqui Bennett of the ability to request pro bono counsel (AHI) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 46 NOTICE to Larry Bennett of the ability to request pro bono counsel (AHI) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 45 NOTICE to Key Resource Financial Board, LLC of the ability to request pro bono counsel (AHI) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 44 Clerk's ENTRY OF DEFAULT as to Jacqui Bennett, Larry Bennett, and Key Resource Financial Board, LLC (AHI) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 43 MOTION for Entry of Default Application for Entry of Default by the Clerk of Court by Eugene Sak. (Attachments: #1 Affidavit of Kevin D. Heard)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 42
ORDER: The Court DENIES WITHOUT PREJUDICE as procedurally improper under Rule 55 the #40 Motion for Default Judgment. Signed by Judge Liles C Burke on 3/24/2025. (AHI) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 41 AFFIDAVIT in Support re #40 MOTION for Entry of Default against Defendants Larry Bennett, Jacqui Bennett, and Key Resource Financial Board, LLC (AMENDED AFFIDAVIT) filed by Eugene Sak. (Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 40 MOTION for Entry of Default against Defendants Larry Bennett, Jacqui Bennett, and Key Resource Financial Board, LLC by Eugene Sak. (Attachments: #1 Affidavit)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 39 SERVICE by Publication filed by Eugene Sak. Last publication date January 15, 2025. (Attachments: #1 Exhibit Exhibit A)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 38
ORDER: The Court GRANTS the #37 Motion for Service by Publication. Signed by Judge Liles C Burke on 12/12/2024. (AHI) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 37 MOTION for Service by Publication by Eugene Sak. (Attachments: #1 Affidavit with Exhibits A-D)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Minute Entry for proceedings held before Judge Liles C Burke: Status Conference held on 12/11/2024; Kevin Heard present for plaintiff; Jeremy Richter present for defendants. (Court Reporter Christina Decker.) (SPT ) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 36
TEXT ORDER (CHANGE IN TIME ONLY): The In Person Status Conference is RESET for 9:00 a.m. on Wednesday, 12/11/24, in the John McKinley Federal Building, Florence, AL before the undersigned. Signed by Judge Liles C Burke on 12/6/24. (SPT ) [Transferred from Alabama Northern on 6/23/2025.]
|
|
Filing 35
TEXT ORDER: The In Person Status Conference is reset for 10:00 a.m. on Wednesday, 12/11/24, in the John McKinley Federal Building, Florence, AL before the undersigned. Signed by Judge Liles C Burke on 11/13/24. (SPT ) [Transferred from Alabama Northern on 6/23/2025.]
|
|
Filing 34
TEXT ORDER: For good cause shown, the Court GRANTS the #33 Motion to Continue. Signed by Judge Liles C Burke on 11/13/2024.(SGS) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 33 Unopposed MOTION to Continue Status Conference by Timothy P Lester, Moseley & Lester. (Moon, Stacy) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 32
TEXT ORDER: An In Person Status Conference is set for 1:30 p.m. on Wednesday, 11/20/24, in the John McKinley Federal Building, Florence, AL before the undersigned. Signed by Judge Liles C Burke on 11/4/24. (SPT ) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 31 REPLY to Response to Motion re #29 MOTION to Dismiss and Alternatively, Motion to Quash Service filed by Timothy P Lester, Moseley & Lester. (Moon, Stacy) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 30 RESPONSE in Opposition re #29 MOTION to Dismiss and Alternatively, Motion to Quash Service Response in Opposition to Defendants Motion to Dismiss filed by Eugene Sak. (Attachments: #1 Affidavit with Exhibit A - E)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 29 MOTION to Dismiss and Alternatively, Motion to Quash Service by Timothy P Lester, Moseley & Lester. (Moon, Stacy) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 28
TEXT ORDER: Because Plaintiff has filed an amended complaint, Defendants' motion to dismiss (Doc. 13) is DENIED as moot with leave to refile. Signed by Judge Liles C Burke on 9/5/2023. (AHI) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 27 AMENDED COMPLAINT against All Defendants, filed by Eugene Sak. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 26
ORDER: The Court ORDERS Plaintiff to file an amended complaint by September 5, 2023 as more fully set out in order. Signed by Judge Liles C Burke on 8/22/2023. (LCB) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 25 RESPONSE to re 24 PLAINTIFFS RESPONSE TO TEXT ORDER DATED JULY 27, 2023, filed by Eugene Sak. (Attachments: #1 Exhibit A)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 24
TEXT ORDER: On or before August 4, 2023, Plaintiff shall either serve Defendants Larry Bennett, Key Resource Financial Board, and Jacqui Bennett, or show cause why the claims against those defendants should not be dismissed under Federal Rule of Civil Procedure 4(m). Signed by Judge Liles C Burke on 7/27/2023. (AHI) [Transferred from Alabama Northern on 6/23/2025.]
|
|
Filing 23
TEXT ORDER: For good cause shown in accordance with Federal Rule of Civil Procedure 6(b)(1)(A), Plaintiff's motion for extension of time (Doc. 21) is GRANTED. Plaintiff shall serve Defendants Larry Bennett, Key Resource Financial Board, and Jacqui Bennett on or before May 15, 2023. Signed by Judge Liles C Burke on 4/3/2023. (AHI) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 22 Alias Summons Issued by the clerk and delivered to plaintiff for service as to Jacqui Bennett, Larry Bennett, and Key Resource Financial Board. (AHI) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 21 MOTION for Extension of Time to serve process of service upon certain Defendants by Eugene Saks. (Attachments: #1 Exhibit A, #2 Exhibit B)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 20
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Liles C Burke on 3/22/2023. (AHI) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 19 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, this action has been randomly reassigned to the HONORABLE JUDGE LILES C. BURKE. Please use case number 3:22-cv-1628-LCB on all subsequent pleadings. Magistrate Judge Herman N. Johnson, Jr is no longer assigned to this case. (LCB) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 18 REPLY to Response to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction and Alternatively, Motion to Quash Service filed by Timothy P Lester, Moseley & Lester. (Moon, Stacy) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 17 RESPONSE in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction and Alternatively, Motion to Quash Service filed by Eugene Saks. (Attachments: #1 Affidavit Affidavit with Ex's A - E)(Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 16
ORDER: The Court SETS a Telephone Status Conference for 3/13/2023 at 09:30 AM before Magistrate Judge Herman N Johnson Jr. Signed by Magistrate Judge Herman N Johnson, Jr on 2/10/2023. (LCB) [Transferred from Alabama Northern on 6/23/2025.]
|
|
Filing 15
ORDER: That the parties are required to enter an election regarding the exercise of jurisdiction by a magistrate judge no later than March 27, 2023; in the absence of consent by all parties, the Clerk is directed to reassign the case to a randomly drawn district judge without further order after March 27, 2023. Signed by Magistrate Judge Herman N Johnson, Jr on 2/10/2023. (LCB) [Transferred from Alabama Northern on 6/23/2025.]
|
|
Filing 14
ORDER: Plaintiff shall file a response to the motion #13 within 14 days of the date of this order; Defendant's shall file any reply within 7 days thereafter. Signed by Magistrate Judge Herman N Johnson, Jr on 2/10/2023. (LCB) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction and Alternatively, Motion to Quash Service by Timothy P Lester, Moseley & Lester. (Attachments: #1 Affidavit Affidavit of Timothy P. Lester)(Moon, Stacy) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 12 Summons Returned Unexecuted as to Key Resource Financial Board. (LCB) [Transferred from Alabama Northern on 6/23/2025.] |
|
Filing 11
ORDER: The Court GRANTS the #10 Motion for Extension of Time; Defendants must respond to Plaintiff's complaint by February 9, 2023. Signed by Magistrate Judge Herman N Johnson, Jr on 1/31/2023. (LCB) [Transferred from Alabama Northern on 6/23/2025.]
|
| Filing 10 First MOTION for Extension of Time to Respond Motion is RIPE 1/30/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Timothy P Lester, Moseley & Lester. (Richter, Jeremy) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 9 SUMMONS Returned Executed Moseley & Lester served on 1/9/2023, answer due 1/30/2023. (LCB) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 8 SUMMONS Returned Executed Timothy P Lester served on 1/9/2023, answer due 1/30/2023. (LCB) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 7 Summons Issued by the clerk and delivered via certified mail for service as to Jacqui Bennett, Larry Bennett, Key Resource Financial Board, Timothy P Lester, and Moseley & Lester. (AHI) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 6 Request for service by certified mail filed by Eugene Saks. (Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 5 Request for service by certified mail filed by Eugene Saks. (Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 4 Request for service by certified mail filed by Eugene Saks. (Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 3 Request for service by certified mail filed by Eugene Saks. (Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 2 Request for service by certified mail filed by Eugene Saks. (Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4239472 (B-2986). related document #1 COMPLAINT against Larry Bennett, Key Resource Financial Board, Timothy P Lester, Moseley & Lester, filed by Eugene Saks. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(KAM). (Heard, Kevin) [Transferred from Alabama Northern on 6/23/2025.] |
| Filing 1 COMPLAINT against Larry Bennett, Key Resource Financial Board, Timothy P Lester, Moseley & Lester and Jacqui Bennett, filed by Eugene Saks. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(KAM) [Transferred from Alabama Northern on 6/23/2025.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
