Parks et al v. AIG et al
| Tonya Parks, Bennie Gibson, Francis Gibson, Nyanza Cook and Alexander Bednar |
| AIG, Timothy Henderson, David Prater, Mike Hunter, Melissa Abernathy, Brett Slimp, Chicago Title and Oklahoma County |
| 4:2022cv00991 |
| November 22, 2022 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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USCA 5th CIRCUIT NOTICE: Original eROA has been accepted. [23-40044] (rpc, )
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Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. #Link to Instructions re #40 Notice of Appeal : (rpc, )
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Notice of certification of eROA provided to 5th Circuit Court of Appeals. [23-40044] (rpc, )
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Filing 43
Notice from Fifth Circuit, Order denying Petition for Writ of Mandamus. [23-40039] (Attachments: #1 USCA Cover Letter)(rpc, ) Modified on 2/9/2023 (rpc, ).
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USCA Appeal Fees received $ 505 receipt number 6-63145 re #40 Notice of Appeal filed by Bennie Gibson, Francis Gibson, Nyanza Cook, Alexander Bednar, Tonya Parks (gsm)
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Notice of Docketing Notice of Appeal from USCA re #40 Notice of Appeal filed by Bennie Gibson, Francis Gibson, Nyanza Cook, Alexander Bednar, Tonya Parks. USCA Case Number 23-40044. (rpc, )
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Filing 42
Notice of filing Amended Petition for Writ of Mandamus received from 5th Circuit via email, Case number 23-40039. (rpc, )
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Filing 41
Notice of filing Petition for Writ of Mandamus received from 5th Circuit via email, Case number 23-40039. (Attachments: #1 USCA Cover Letter)(rpc, )
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Filing 40
NOTICE OF APPEAL as to #38 Order by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. Filing fee $ 505 (manual receipt #01242). (mmc)
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Filing 39
NOTICE by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks of Default (Attachments: #1 Affidavit of default for AIG, #2 Affidavit of default of Chicago TItle, #3 Text of Proposed Order For Court Clerk)(Musgrove, Ronnie)
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Filing 38
ORDER. It is ORDERED that Plaintiffs Emergency Motion to Reconsider Order (Doc. #20 ) and for Relief, as Plaintiffs Have Now Cured All Defects Per FRCP Rule 65, (Dkt. #34 ); is DENIED. It is further ORDERED that Plaintiffs' Motion to Reconsider Venue Change, for Enlargement of Time, Stay of Litigation to Conduct ADR and for Special Master, (Dkt. #37 ); is DENIED. The clerk is instructed to transfer this civil action to the United States District Court for the Western District of Oklahoma for further disposition. Signed by District Judge Sean D. Jordan on 1/12/2023. (rpc, )
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ACKNOWLEDGMENT OF RECEIPT: Case transferred from Texas Eastern has been opened in Western District of Oklahoma[LIVE] as case 5:23-cv-00041, filed 01/12/2023. (rpc, )
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Interdistrict transfer to the Western District of Oklahoma. (rpc, )
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Filing 37
MOTION for Reconsideration re #21 Memorandum & Opinion, Order TO RECONSIDER VENUE CHANGE, FOR ENLARGEMENT OF TIME, STAY OF LITIGATION TO CONDUCT ADR AND FOR SPECIAL MASTER by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Attachments: #1 Exhibit 1. News video where guest uses same protected free speech as Mr. Gibson, #2 Exhibit 2. Recording of Defendant Courthouse administrator threatening contempt against Ms. Parks and Mother implying incarceration for protected litigation activity, #3 Exhibit 3. Affidavit of Plaintiff Bednar that Oklahoma venue appears tainted, #4 Exhibit 4. AIG insurance policy indicating in Section 8 a thirty day window to settle claim, #5 Exhibit PROPOSED ORDER)(Musgrove, Ronnie)
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Filing 36
MOTION to Dismiss and Brief in Support by Timothy Henderson, Mike Hunter, David Prater. Responses due by 1/31/2023 (Lawson, Stefanie) (Additional attachment(s) added on 1/11/2023: #1 Text of Proposed Order) (rpc, ).
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Filing 35
NOTICE of Attorney Appearance by Stefanie Lawson on behalf of Timothy Henderson, Mike Hunter, David Prater (Lawson, Stefanie)
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Filing 34
Emergency MOTION for Reconsideration re #20 Order on Motion for TRO, by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Attachments: #1 Exhibit Letters served on Defendants requesting discussion of TRO and preservation of evidence)(Musgrove, Ronnie) (Additional attachment(s) added on 1/6/2023: #2 Text of Proposed Order) (rpc, ).
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Filing 33
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel served on Brett Slimp on 01/03/2023, filed by Alexander Bednar. (Musgrove, Ronnie)
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Filing 32
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel served on Melissa Abernathy on 12/28/2022, filed by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 31
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel served on Timothy Henderson on 12/23/2022, filed by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 30
AFFIDAVIT of Service for Complaint, Summons, Application for TRO, Notice, and Letter from Counsel served on Mike Hunter individually on 12/22/2022, filed by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 29
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel Courtesy Copy to Okla. AG served on Oklahoma Attorney General on 12/21/2022, filed by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 28
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel served on Chicago Title on 12/21/2022, filed by Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 27
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel served on AIG on 12/21/2022, filed by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 26
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel served on Mike Hunter in official capacity on 12/21/2022, filed by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 25
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel served on David Prater on 12/21/2022, filed by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 24
AFFIDAVIT of Service for Application for TRO, Notice, and Letter from Counsel for good faith discussion served on Oklahoma County on 12/21/2022, filed by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Musgrove, Ronnie)
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Filing 23
SUMMONS Returned Executed by Francis Gibson, Bennie Gibson, Nyanza Cook, Tonya Parks, Alexander Bednar. Timothy Henderson served on 12/19/2022, answer due 1/9/2023. (Musgrove, Ronnie)
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Filing 22
MOTION to Dismiss for Lack of Jurisdiction by Melissa Abernathy, Oklahoma County, Brett Slimp. (Attachments: #1 Text of Proposed Order)(Smith, Michael)
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Filing 21
MEMORANDUM OPINION AND ORDER. It is ORDERED that this civil action is hereby TRANSFERRED to the United States District Court for the Western District of Oklahoma for further disposition. Signed by District Judge Sean D. Jordan on 12/22/2022. (rpc, )
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Note: The case will be transferred to another district 20 days from the date the Order of Transfer was entered on the docket, per Local Rule CV-83(b). (rpc, )
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Filing 20
ORDER. It is ORDERED that, to the extent it seeks a TRO ex parte, Plaintiffs' Emergency Motion for Temporary Restraining Order, For Preliminary Injunction and For Expedited Briefing Schedule, (Dkt. #11 ), is DENIED. The Court will address Plaintiffs' motion for a preliminary injunction once Defendants have been served and given the opportunity to respond. Signed by District Judge Sean D. Jordan on 12/20/2022. (rpc, )
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Filing 19
SUMMONS Returned Executed by Alexander Bednar. Brett Slimp served on 12/6/2022, answer due 12/27/2022. (Musgrove, Ronnie)
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Filing 18
SUMMONS Returned Executed by Francis Gibson, Bennie Gibson, Nyanza Cook, Tonya Parks, Alexander Bednar. David Prater served on 12/5/2022, answer due 12/26/2022. (Musgrove, Ronnie)
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Filing 17
SUMMONS Returned Executed by Francis Gibson, Bennie Gibson, Nyanza Cook, Tonya Parks, Alexander Bednar. Oklahoma County served on 12/5/2022, answer due 12/26/2022. (Musgrove, Ronnie)
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Filing 16
SUMMONS Returned Executed by Francis Gibson, Bennie Gibson, Nyanza Cook, Tonya Parks, Alexander Bednar. Mike Hunter served on 12/5/2022, answer due 12/26/2022. (Musgrove, Ronnie)
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Filing 15
SUMMONS Returned Executed by Francis Gibson, Bennie Gibson, Tonya Parks. Chicago Title served on 12/5/2022, answer due 12/26/2022. (Musgrove, Ronnie)
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Filing 14
SUMMONS Returned Executed by Francis Gibson, Bennie Gibson, Nyanza Cook, Tonya Parks, Alexander Bednar. AIG served on 12/5/2022, answer due 12/26/2022. (Musgrove, Ronnie)
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Filing 13
SUMMONS Returned Executed by Francis Gibson, Bennie Gibson, Nyanza Cook, Tonya Parks, Alexander Bednar. Melissa Abernathy served on 12/5/2022, answer due 12/26/2022. (Musgrove, Ronnie)
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Filing 12
NOTICE by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks re #11 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Expedited Briefing Schedule and to Waive Local Rule CV-7(h) (Musgrove, Ronnie)
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Filing 11
Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Expedited Briefing Schedule by Alexander Bednar, Nyanza Cook, Bennie Gibson, Francis Gibson, Tonya Parks. (Attachments: #1 Exhibit EX 1. Rep Humphrey Report delivered to AG & Gov in last year, #2 Exhibit EX 2 Volume II Rep Humphrey Report, #3 Exhibit EX 3 Proof check for property sale clears October 19, #4 Exhibit EX 4. Disbursements Summary showing payments made to estate 10.18.17, #5 Exhibit EX 5. Proof first learned in 2020 that Chicago Title fronted money for sham escrow sale, #6 Exhibit EX 6. Affidavit of purchaser first received in 2020 implying Chicago Title complicit in sham sale, #7 Exhibit EX 7. Chase Bank willing to work with this court, #8 Exhibit EX 8. Recording 78 TRANSCRIPT of Sept 26 2019 AG investigator recommends federal investigator, #9 Exhibit EX 9. Fall 2021 letter to AIG and Okla, #10 Exhibit EX 10. Gov Musgrove Second letter to AIG and Oklahoma, #11 Exhibit EX 11 Recording of AIG broker for Oklahoma who states no adjuster until file lawsuit, #12 Exhibit EX 12 Recording of AG attorney Corley confirming never investigated Plaintiff claims, #13 Exhibit EX 13Tonya Parks Power of Attorney for mother Frances Gibson.pdf, #14 Exhibit EX 14. Julie Corley AG follows up from recorded conversation that victims need scheduling order to trigger AIG, #15 Exhibit EX 15 Nov 1 2022 Response to Open Records request page showing civil rights claim made during 2018 2019 policy year, #16 Exhibit EX. 16 AIG policy Oct 18 to Oct shows Plaintiffs trigger policy when placing State on notice and no retention amount, #17 Exhibit EX 17 DOJ letter shows civil rights matter opened during 2018 2019 AIG policy period, #18 Exhibit EX 18 Oklahoma law that insurance policy state takes out controls over Tort Claims Act, #19 Exhibit EX 19 12.12.22 Affidavit of Tonya Parks detailing sham AIG insurance adjustment, #20 Exhibit EX 20 OSTROWE LAWSUIT shows already existing litigation hold, #21 Exhibit EX 21 SW-2021-839 Application Search Warrant - Henderson email account - oscn email account, #22 Exhibit EX 22 SW-2021-964 Application_Search Warrant - Henderson - Saliva Bucal Swab, #23 Exhibit EX 23 SW-2021-840 Application_Search Warrant - Henderson - records and information maintained by OK Council on Judicial Complaints, #24 Exhibit EX 24 SW-2021-681 Application_Search Warrant - Henderson, #25 Exhibit EX 25. Affidavit of victim and whistleblower Kathy Doyle identifying Henderson retaliation, #26 Exhibit EX 26 Affidavit of judicial candidate who experienced same Henderson retaliation, #27 Exhibit EX. 27 Pattern and Custom - Sworn Statement of Teresa Anderson identifying corruption, #28 Exhibit EX. 28 Affidavit of Christine Allen grandmother retaliated against for filing judicial complaint, #29 Exhibit EX. 29 Aff of mother who exposed judicial corruption that Okla AG does not investigate corrupt judges, #30 Exhibit EX 30 Affidavit of imminent and ongoing harm)(Musgrove, Ronnie)
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Filing 10
NOTICE of Attorney Appearance - Pro Hac Vice by Ronnie Musgrove on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9253560. (Musgrove, Ronnie)
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Filing 9
SUMMONS Issued as to Brett Slimp. (rpc, )
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Filing 8
SUMMONS Issued as to David Prater. (rpc, )
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Filing 7
SUMMONS Issued as to Oklahoma County. (rpc, )
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Filing 6
SUMMONS Issued as to Mike Hunter. (rpc, )
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Filing 5
SUMMONS Issued as to Timothy Henderson. (rpc, )
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Filing 4
SUMMONS Issued as to Chicago Title. (rpc, )
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Filing 3
SUMMONS Issued as to AIG. (rpc, )
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Filing 2
SUMMONS Issued as to Melissa Abernathy. (rpc, )
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Case Assigned to District Judge Sean D. Jordan. (rpc, )
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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, )
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Filing 1
COMPLAINT against Melissa Abernathy ( Filing fee $ 402 receipt number ATXEDC-9240064.), filed by AIG. (Attachments: #1 Exhibit Verification, #2 Exhibit Verification, #3 Exhibit Affidavit)(Hurlbut, Roger) (Additional attachment(s) added on 11/23/2022: #4 Civil Cover Sheet) (rpc, ).
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