Gardner v. Gary Sinise Foundation
| Samuel C Gardner |
| Gary Sinise Foundation |
| 4:2023cv00099 |
| February 8, 2023 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Contract: Other |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Plaintiff |
Docket Report
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Filing 8
WAIVER OF SERVICE Returned Executed by Samuel C Gardner. Gary Sinise Foundation waiver sent on 2/10/2023, answer due 4/11/2023. (Attachments: #1 Exhibit February 10, 2023 Plaintiff's letter to Gary Sinise Foundation enclosing Plaintiff's Notice of a Lawsuit & Request to Waive Service of Summons, Gary Sinise Foundation Waiver of the Service of Summons to be executed and Plaintiff's Original Complaint with exhibits, #2 Exhibit February 10, 2023 Plaintiff's Notice of a Lawsuit & Request to Waive Service of Summons, #3 Exhibit February 24, 2023 Defendant Gary Sinise Foundation executed Waiver of the Service of Summons)(Bundren, Wm.)
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Filing 7
SUMMONS Issued as to Gary Sinise Foundation. (daj, )
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Filing 6
***FILING ERROR. PLEASE DISREGARD.*** NOTICE by Samuel C Gardner Plaintiff's Notice of Plaintiff's Lead Counsel, Charles Bundren, Esq.'s, planned and Scheduled Family Vacation in 2023 (Bundren, Wm.) Modified on 2/9/2023 (daj, ).
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Filing 5
NOTICE of Designation of Attorney in Charge to Wm. Charles Bundren on behalf of Samuel C Gardner (Bundren, Wm.)
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Filing 4
NOTICE by Samuel C Gardner Plaintiff's Notice of Filing of Civil Cover sheet FORM JS 44 (Attachments: #1 Civil Cover Sheet Plaintiff's civil cover sheet FORM JS44)(Bundren, Wm.)
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Filing 3
DEMAND for Trial by Jury by Samuel C Gardner. (Bundren, Wm.)
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Filing 2
NOTICE of Attorney Appearance by Wm. Charles Bundren on behalf of Samuel C Gardner (Bundren, Wm.)
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Filing 1
COMPLAINT Samuel C. Gardner Successor Trustee of the 2104 PB Living Trust Plaintiff's Original Complaint against Gary Sinise Foundation ( Filing fee $ 402 receipt number ATXEDC-9346336.), filed by Samuel C Gardner. (Attachments: #1 Exhibit First Amendment and Complete Restatement of the 2014 PB Living Trust dated March 27, 2014, #2 Exhibit Last Will and Testament of Pamela E. Banks dated July 2, 2019, #3 Exhibit Pamela E. Banks HIPAA Release Authority dated July 2, 2019, #4 Exhibit Pamela E. Banks Medical Power of attorney appointing Samuel C. Gardner dated July 2, 2019, #5 Exhibit Gary Sinise Foundation demand for residence of Pamela E. Banks, constructive possession of personal property of Pamela E. Banks, demand that Samuel C. Gardner decline to serve as Executor of Pamela E. Banks Estate and demand for resignation of Samuel C Gardner as Successor Trustee dated April 29, 2022, #6 Exhibit Gary Sinise Foundation demand that Truist Investment Services Inc. and Hilltop Securities freeze all accounts owned by Pamela E. Banks dated April 29, 2022, #7 Exhibit Gary Sinise Foundation Original Petition lawsuit filed in Denton County, Texas against Samuel C. Gardner, Successor Trustee of the 2014 PB Living Trust demanding suspension of Trustee and appointment of Receiver dated May 17, 2022, #8 Exhibit Gary Sinise Foundation Objection filed in the Probate Ct. in Collin County Texas to Samuel C. Gardner serving as Independent Executor of the Estate of Pamela E. Banks dated May 19, 2022, #9 Exhibit Denton County Texas Probate Court Ruling denying the relief sought by Gary Sinise Foundation dated June 28, 2022, #10 Exhibit Denton County, Texas Probate Court No. 2 Order denying Gary Sinise Foundation lawsuit seeking to enjoin, suspend powers or appoint a receiver and to remove Samuel C. Gardner as the Successor Trustee of the 2014 PB Living Trust dated July 1, 2022, #11 Exhibit Gary Sinise Foundation Notice of Appeal from Probate Court No. 2 of Denton County, Texas Order denying Gary Sinise Foundation application to suspend trustee, appoint a receiver and to remove Samuel C. Gardner as the Successor Trustee of the 2014 PB Living Trust dated July 18, 2022, #12 Exhibit Second Appellate District of Texas Court of Appeals Memorandum Opinion and Judgment dismissing Gary Sinise Foundation appeal dated December 1, 2022, #13 Exhibit Mediated Settlement Agreement dated August 12, 2022, #14 Exhibit Monday, August 15, 2022 Samuel C. Gardner's legal counsel's email to legal counsel for Gary Sinise Foundation attaching ancillary documents from the August 12, 2022 Mediated Settlement Agreement including Indemnification Agreement and Mutual Release Agreement, #15 Exhibit Gary Sinise Foundation Arbitration Statement of Claim dated October 14, 2022, #16 Exhibit December 9, 2022 Samuel C. Gardner's legal counsel's email to Gary Sinise Foundation and Arbitrator attaching August 15, 2022 Indemnification Agreement and Mutual Release Agreement, #17 Exhibit Arbitrator Roger Yale's Final Reasoned Arbitration Award dated December 14, 2022, #18 Exhibit Denton County Probate Court No. 2 Order Confirming Arbitration Award and Approving and Enforcing Mediated Settlement Agreement and Final Judgment dated January 10, 2023, #19 Exhibit January 17, 2023 Samuel C. Gardner's legal counsel's letter delivered to Gary Sinise Foundation and Roger Yale Samuel C. Gardner executed Mutual Release Agreement and Indemnification Agreement signed by Samuel C. Gardner on January 16, 2023, #20 Exhibit January 23, 2023 Roger Yale, Esq. letter confirming receipt of Samuel C.. Gardner executed Mutual Release Agreement and Indemnity Agreement and confirming Gary Sinise Foundation refusal to execute Samuel C. Gardner's executed Mutual Release Agreement and Indemnification Agreement)(Bundren, Wm.)
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Case assigned to District Judge Sean D. Jordan. (daj, )
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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. (daj, )
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| Plaintiff: Samuel C Gardner | |
| Represented By: | Wm. Charles Bundren |
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| Defendant: Gary Sinise Foundation | |
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