Tujague v. Adkins et al
| Lucien J. Tujague, Jr. |
| Jason Elbert Adkins and The Castro Family Trust, LLC |
| 4:2018cv00631 |
| September 5, 2018 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| None |
Docket Report
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Filing 38
ORDER AND FINAL JUDGMENT. The Court GRANTS Plaintiff's Motion for Default Judgment (Dkt. #37 ) and ORDERS Defendant Jason Elbert Adkins to pay actual damages and exemplary damages. Signed by District Judge Amos L. Mazzant, III on 12/17/2018. (rpc, )
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| Filing 37 First MOTION for Default Judgment as to by Lucien J. Tujague, Jr. (Attachments: #1 Exhibit A Cover Sheet, #2 Affidavit Lucien Tujague, #3 Exhibit B Cover Sheet, #4 Affidavit Patrick Davis, #5 Exhibit C Cover Sheet, #6 Affidavit James Bogers, #7 Exhibit D Cover Sheet, #8 Affidavit Declaration of Geoff Henley in Support of Attorneys' Fees, #9 Text of Proposed Order)(Henley, Geoffrey) (Attachment 9 replaced on 10/15/2018) (rpc, ). |
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Filing 36
MEMORANDUM OPINION AND ORDER re preliminary injunction. Signed by District Judge Amos L. Mazzant, III on 10/4/2018. (rpc, )
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| Filing 35 Clerk's ENTRY OF DEFAULT as to Jason Elbert Adkins (rpc, ) |
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Filing 34
ORDER - DENYING AS MOOT #10 Motion to Dismiss; DENYING AS MOOT #12 Emergency Motion to Dissolve Emergency Order ; DENYING AS MOOT #13 Motion for Hearing; DENYING AS MOOT #16 Motion for Reconsideration ; DENYING AS MOOT #20 Motion to Quash Subpoena. The Court also DIRECTS the Clerk to terminate the Castro Family Trust as a party to this action.Signed by District Judge Amos L. Mazzant, III on 10/2/2018. (baf, )
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| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the Motion Hearing held on September 20, 2018 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (127 pages) Motion to Redact due 10/23/2018. Release of Transcript Restriction set for 12/31/2018. (jm, ) |
| Filing 32 Request by Lucien J. Tujague, Jr for Clerk's Entry of Default against Jason Elbert Adkins. (Attachments: #1 Exhibit A Cover, #2 Exhibit Executed Return of Service, #3 Exhibit B Cover, #4 Affidavit Soldier & Sailor's Affidavit, #5 Exhibit 1 Cover, #6 Exhibit Military Status Report, #7 Exhibit C Cover, #8 Exhibit Certificate of Last Known Mailing Address)(Henley, Geoffrey) (Additional attachment(s) added on 10/3/2018: #9 Text of Proposed Order) (rpc, ). |
| Filing 31 ***PLEASE DISREGARD. FILED IN ERROR BY ATTORNEY. INCORRECT DOCKET EVENT USED*** First MOTION for Entry of Default by Lucien J. Tujague, Jr. (Attachments: #1 Exhibit Exhibit A Cover, #2 Exhibit Return of Service of Summons on Jason Elbert Adkins, #3 Exhibit Exhibit B Cover, #4 Affidavit Soldier & Sailor's Affidavit, #5 Exhibit Exhibit 1 Cover, #6 Exhibit Department of Defense Military Status Report, #7 Exhibit Exhibit C Cover, #8 Exhibit Certificate of Last Known Address)(Henley, Geoffrey) Modified on 10/1/2018 (rpc, ). |
| NOTICE of Deficiency regarding the First MOTION for Entry of Default #31 submitted by Lucien J. Tujague, Jr. The document was incorrectly filed as a Motion. It should be refiled using Request for Entry of Default by Clerk event code. Correction should be made by one business day. (rpc, ) |
| Filing 30 PAPER TRANSCRIPT REQUEST by The Castro Family Trust, LLC for proceedings held on 09/20/18 Hearing on Preliminary Injunction before Judge Amos L. Mazzant, III. (Goolsby, Melanie) |
| Claims transferred to Southern District of Ohio, case number 2:18-cv-1125. (rpc, ) |
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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, )
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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, ) |
| 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, ) |
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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, )
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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, )
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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, ) |
| 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) |
| Filing 23 RESPONSE in Opposition re #20 MOTION to Quash Subpoena of John Eckerd filed by Lucien J. Tujague, Jr. (Henley, Geoffrey) |
| 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) |
| Filing 21 NOTICE of Attorney Appearance by William D Taylor on behalf of The Castro Family Trust, LLC (Taylor, William) |
| 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, ). |
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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, )
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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) |
| 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) |
| 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, ). |
| ***FILED IN ERROR. Document # 14. No hearing held for transcript to be ordered. PLEASE IGNORE.*** (fal, ) |
| Filing 15 NOTICE of Attorney Appearance by Melanie Pearce Goolsby on behalf of The Castro Family Trust, LLC (Goolsby, Melanie) |
| 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, ). |
| 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, ). |
| 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, ). |
| 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, ). |
| 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, ). |
| 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, ) |
| Filing 9 Sealed Affidavit of Ownership of security for Civil Bond and copy of receipt forwarded to Tyler Finance. (aam, ) |
| Filing 8 SUMMONS Issued as to The Castro Family Trust, LLC. (Attachments: #1 Summons(es))(rpc, ) |
| Filing 7 SUMMONS Issued as to Jason Elbert Adkins. (rpc, ) |
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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, )
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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, ) |
| 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, ) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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, ) |
| Case Assigned to District Judge Amos L. Mazzant, III. (rpc, ) |
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