Quilling v. 3D Marketing LLC
Plaintiff: Michael J Quilling
Defendant: 3D Marketing LLC
Interested Party: Dean Allen Steeves
Case Number: 3:2006cv00293
Filed: February 15, 2006
Court: US District Court for the Northern District of Texas
Office: Dallas Office
Presiding Judge: Jeff Kaplan
Referring Judge: Sam A Lindsay
Nature of Suit: Torts/Pers Prop: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on March 19, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 19, 2014 Opinion or Order Filing 80 ORDER: The court vacates its Order of Contempt that was issued 9/20/2007, and Dean A. Steeves is no longer in contempt of court. (Ordered by Judge Sam A Lindsay on 3/19/2014) (tla)
March 19, 2014 Filing 79 Notice That Dean A. Steeves and 3-D Marketing, LLC Have Complied with the Order of Contempt re: #73 Order on Motion for Order to Show Cause, filed by Michael J Quilling (Attachments: #1 Exhibit(s) A) (Rodine, Brent) Modified text on 3/19/2014 (tla).
March 19, 2014 ***Clerk's Notice of delivery: (see NEF for details) Docket No:80. Wed Mar 19 16:32:29 CDT 2014 (crt)
December 10, 2007 Opinion or Order Filing 78 Order Unfiling #75 Notice of Liability filed by Dean Allen Steeves, #77 Notice of Fault to U.S. Marshal's Service filed by Dean Allen Steeves due to the following deficiency: Because these documents are not proper pleadings and do not relate to any matter now pending before the court, the court strikes these documents from the record of this case. (see order for specifics) (Signed by Judge Sam A Lindsay on 12/10/07) (lmp) .
December 7, 2007 Filing 77 ***UNFILED PER ORDER OF 12/10/07 - DOC. 78*** Correspondence re Notice of Fault to United States Marshals Service filed by Dean Allen Steeves. (twd) Modified on 12/10/2007 (twd). Modified on 12/10/2007 (klm).
November 16, 2007 Filing 76 Mail Returned as Undeliverable. #73 Order on Motion for Order to Show Cause, received back from Dean Allen Steeves as Unclaimed. (twd)
November 14, 2007 Filing 75 ***UNFILED PER ORDER OF 12/10/07 - DOC. 78*** RESPONSE filed by Dean Allen Steeves to #73 ORDER OF CONTEMPT (twd) Modified on 12/7/2007 (twd). Modified on 12/10/2007 (klm).
September 24, 2007 Filing 74 NOTICE by Michael J Quilling of Last Known Address of Dean Steeves (Raibourn, D)
September 20, 2007 Opinion or Order Filing 73 ***VACATED, PER #80 ORDER*** ORDER OF CONTEMPT. The court has reviewed the magistrate judge's findings and recommendation, the record, and applicable law, and finds that the magistrate judge's findings are correct and are therefore accepted as those of the court. Accordingly, the court grants the Receiver's #50 Amended Motion for Show Cause Order and adjudges 3-D Marketing, LLC and its principal agent, Dean Allen Steeves, in civil contempt of this court for failing to comply with the Judgment entered on March 8, 2007 requiring the company to disgorge the sum of $150,000 to the Receiver within 30 days.(see order for specifics) (Signed by Judge Sam A Lindsay on 09/20/07) (lmp) Modified text on 3/19/2014 (tla).
September 20, 2007 Opinion or Order Filing 72 ORDER denying #42 Motion for Entry of Judgment Nunc Pro Tunc. By way of example, on August 9, 2007, while the Receiver's motion was pending, the Clerk of Court, Karen Mitchell, issued an Abstract of Judgment in favor of the Receiver, which provides among other things that "a judgment was rendered in this Court... on the 8th day of March, 2007, in favor of [the Receiver] against [Defendant] in the sum of $150,000.00 with interest at the rate of 5 per cent per annum from the 15th day of February, 2006." (see order for specifics) (Signed by Judge Sam A Lindsay on 09/20/07) (lmp)
August 9, 2007 Filing 71 Abstract of Judgment issued. (skt)
August 8, 2007 Opinion or Order Filing 70 Order re #69 NOTICE OF LIABILITY filed by 3D Marketing LLC due to the following deficiency: Because this document is not a proper pleading and does not relate to any matter now pending before the court, the document (doc. 69) is stricken from the record of this case. (see order for specifics) (Signed by Judge Sam A Lindsay on 08/08/07) (lmp)
July 31, 2007 Filing 69 ***UNFILED--SEE 70***NOTICE OF LIABILITY by 3D Marketing LLC. (Attachments: #1 #2) (klm) Modified on 8/8/2007 (JB).
July 30, 2007 Filing 68 Certified Mail Executed as to Dean Allen Steeves on 7/25/07 re: #66 Findings and Recommendations. (skt)
July 18, 2007 Opinion or Order Filing 67 ORDER denying #59 Motion to Compel discovery and impose sanctions upon Dean A. Steeves is denied without prejudice. (Signed by Judge Jeff Kaplan on 7/18/07) (skt)
July 18, 2007 Opinion or Order Filing 66 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re #50 Amended MOTION for Order to Show Cause filed by Michael J Quilling. Marketing, LLC and its principal agent, Dean Allen Steeves, should be adjudged in civil contempt for failing to comply with the final judgment entered on March 8, 2007, requiring the company to disgorge the sum of $150,000.00 to the Receiver within 30 days. Steeves should be taken into custody immediately and incarcerated until such time as he and 3-D Marketing comply with the disgorgement order. (See Order for specifics) (Signed by Judge Jeff Kaplan on 7/18/07) (skt)
July 13, 2007 Opinion or Order Filing 65 ORDER granting #57 Amended Motion to Withdraw as Attorney for Defendant. Attorney Stephen Charles Schoettmer terminated. Mailed copy to the defendant at the address listed on the order. (Signed by Judge Jeff Kaplan on 07/13/2007) (axm)
July 13, 2007 Filing 64 Minute Entry for proceedings held before Judge Jeff Kaplan: Show Cause Hearing held on 7/13/2007. Atty Schoettmer's Amended motion to withdraw is granted. Findings and Recommendations to be entered holding Mr. Steeves in contempt. Attorney Appearances: Plaintiff - Michael Quilling; Defense - Stephen Schoettmer. (Tape #K1167/K1166.) Time in Court: 9 mins. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (vdf)
July 12, 2007 Opinion or Order Filing 63 Order Unfiling #60 Letter filed by Dean Allen Steeves, #56 Letter filed by Dean Allen Steeves due to the following deficiency: Because these documents are not proper pleadings, are not signed by Steeves, and do not relate to any matter now pending before the court, the documents [Docs. #56 & 60] are stricken from the record of this case. The district clerk is directed to note on the docket that these documents have been unfiled. (Signed by Judge Jeff Kaplan on 7/12/07) (npk)
July 12, 2007 Filing 62 AFFIDAVIT of Service for Show Cause Order served on Dean Steeves on 06/19/2007. (Quilling, Michael)
July 10, 2007 Filing 60 *** UNFILED per order dated 7/12/07, doc. 63. *** Email Correspondence received by Dean Allen Steeves. (skt) Modified on 7/13/2007 (cxb).
July 10, 2007 Filing 59 MOTION to Compel Discovery and Impose Sanctions upon Dean A. Steeves by Michael J Quilling with Brief in Support. (Attachments: #1 Exhibit 1#2 Exhibit 2) (Rodine, Brent)
July 6, 2007 Opinion or Order Filing 58 ORDER: Stephen C. Schoettmer and the law firm of Thompson & Knight LLP have filed an amended motion to withdraw as counsel for Defendant 3-D Marketing, LLC. The court will consider the amended motion to withdraw immediately prior to the Show Cause Hearing scheduled for July 13, 2007 at 9:00 a.m. (Signed by Judge Jeff Kaplan on 7/6/07) (skt)
July 6, 2007 Filing 57 Amended MOTION to Withdraw as Attorney for Defendant by 3D Marketing LLC (Schoettmer, Stephen)
July 3, 2007 Filing 56 *** UNFILED per order dated 7/12/07, doc. 63. *** Correspondence filed by Dean Allen Steeves. (bss) Modified on 7/13/2007 (cxb).
June 29, 2007 Opinion or Order Filing 55 ORDER denying without prejudice #54 Motion to Withdraw as Attorney. Schoettmer may refile his motion after the show cause hearing on July 13, 2007. [see order for specifics] (Signed by Judge Jeff Kaplan on 6/29/07) (cxb)
June 29, 2007 Filing 54 MOTION to Withdraw as Attorney for Defendant by 3D Marketing LLC (Schoettmer, Stephen)
June 28, 2007 Filing 61 Certificate of Non-Performance/Dishonor by Dean Allen Steeves. (skt)
June 27, 2007 Opinion or Order Filing 53 Order Unfiling #52 Notice Re: Falsification of the Record Via Affidavit of Quilling filed by Dean Allen Steeves due to the following deficiency: Not a proper pleading and not signed by Steeves, and does not relate to any matter now pending before the court. (Signed by Judge Jeff Kaplan on June 27, 2007) (jyg)
June 25, 2007 Filing 52 ***STRICKEN PER ORDER OF 6/27/07, DOC. NO. 53*** Correspondence re Falsification of Record filed by Dean Allen Steeves. See for details. (jyg) Modified on 6/27/2007 (klm).
June 6, 2007 Opinion or Order Filing 51 ORDER TO SHOW CAUSE Show Cause Hearing set for 7/13/2007 09:00 AM before Magistrate Judge Jeff Kaplan. (Signed by Judge Jeff Kaplan on 6/6/07) (jrb) (copy mailed to counsel for 3-D Marketing LLC)
June 5, 2007 Filing 50 Amended MOTION for Order to Show Cause by Michael J Quilling with Brief in Support. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D) (Quilling, Michael)
June 1, 2007 Opinion or Order Filing 49 ORDER. Dean Allen Steeves has filed a document entitled "Due Presentment Under Notary Seal." Because this document is not a proper pleading and does not relate to any matter now pending before the court, the document [Doc. #48] is stricken from the record of this case. (Signed by Judge Jeff Kaplan on 6/1/07) (jrb) Modified on 6/4/2007 (jb).
June 1, 2007 Filing 48 ***UNFILED PER ORDER OF 6/1/07***Notary's Due Presentment under Notary Seal, Bonded Promissory Note, Fiduciary Instructions, IRS Form 1040v, Summary Judgment originating with Recipient or agents thereof filed by Dean Allen Steeves. (mfw) Modified on 6/1/2007 (JB).
May 11, 2007 Opinion or Order Filing 47 ORDER denying without prejudice #43 Motion for Order to Show Cause. (Signed by Judge Jeff Kaplan on 5/11/07) (jrb)
May 11, 2007 Filing 46 Minute Entry for proceedings held before Judge Jeff Kaplan : Show Cause Hearing held on 5/11/07. Attorney Appearances: Plaintiff - Michael Quilling/Brent Rodine; Defense - Stephen Schoettmer. (Tape #k1152.) Time in Court: 20 minutes. (jrb)
May 7, 2007 Filing 45 RESPONSE filed by 3D Marketing LLC re #43 MOTION for Order to Show Cause Hearing and Response to Court Order Dated April 13, 2007 (Schoettmer, Stephen)
April 13, 2007 Opinion or Order Filing 44 ORDER TO SHOW CAUSE Show Cause Hearing set for 5/11/2007 09:00 AM before Magistrate Judge Jeff Kaplan. (Signed by Judge Jeff Kaplan on 4/13/07) (jrb)
April 11, 2007 Filing 43 MOTION for Order to Show Cause by Michael J Quilling with Brief in Support. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C) (Rodine, Brent)
March 19, 2007 Filing 42 MOTION for Entry of Judgment Nunc Pro Tunc and Brief in Support by Michael J Quilling with Brief in Support. (Attachments: #1 Exhibit A) (Rodine, Brent) Modified on 3/20/2007 (jb).
March 8, 2007 Opinion or Order Filing 41 JUDGMENT. ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Michael J. Quilling as Receiver for Sardauker Holdings, IBC and Bradley C.Stark against Defendant 3-D Marketing, LLC in the amount of $150,000; that a constructive trust is hereby imposed on the $150,000 in funds which the court found were voidable transfers under the Texas Uniform Fraudulent Transfer Act, Tex. Bus. & Comm. Code Ann. 24.005 (Vernon 2002);that 3-D Marketing, LLC is to disgorge these funds to the Receiver within thirty (30) days of the entry of this Judgment; that prejudgment interest on the principal amount of $150,000 shall be allowed from the date or dates on which 3-D Marketing received the transfer(s) to the date of this Judgment at the rate provided under applicable state law; and that postjudgment interest shall accrue on this Judgment at the applicable federal rate from the date of its entry until paid in full. It is further ORDERED, ADJUDGED, and DECREED that all relief not expressly granted herein is denied; that all allowable and reasonable costs are taxed against 3-D Marketing, LLC; and that this action is dismissed with prejudice. The Receiver is entitled to recover reasonable attorney's fees. (Signed by Judge Sam A Lindsay on 3/8/07) (jrb) Modified on 3/9/2007 (jb).
February 28, 2007 Opinion or Order Filing 40 Memorandum Opinion and Order granting #23 Motion for Summary Judgment filed by Michael J Quilling and denying #27 Motion for Summary Judgment filed by 3D Marketing LLC. The court will issue judgment against 3-D Marketing in the amount of $150,000, together with prejudgment and postjudgment interest as allowed by law and will impose a constructive trust on the funds transferred by Sardauker. The court also orders that 3-D Marketing disgorge the funds. (Signed by Judge Sam A Lindsay on 2/28/07) (jrb) Modified on 3/2/2007 (jb).
February 20, 2007 Filing 39 RESPONSE in Opposition filed by Michael J Quilling re #38 Response in Opposition Reply to Defendant's Objections Regarding the Findings and Recommendations of United States Magistrate Judge (Attachments: #1 Exhibit A) (Quilling, Michael)
February 14, 2007 Filing 38 RESPONSE in Opposition filed by 3D Marketing LLC re #37 Findings and Recommendations, (Schoettmer, Stephen)
February 8, 2007 Opinion or Order Filing 37 FINDINGS AND RECOMMENDATIONS re #23 MOTION for Summary Judgment filed by Michael J Quilling, #27 MOTION for Summary Judgment filed by 3D Marketing LLC. The court recommends #23 should be granted and #27 should be denied. The court should enter judgment against 3D Marketing in the amount of $150,000.00, together with prejudgment and post-judgment interest as allowed by law. See order for other specifics. (Signed by Judge Jeff Kaplan on 2/8/07) (jrb)
January 2, 2007 Filing 36 REPLY Brief filed by Michael J Quilling re #23 MOTION for Summary Judgment (Rodine, Brent) Modified on 1/3/2007 (jrb, ).
December 22, 2006 Filing 35 Appendix in Support filed by Michael J Quilling re #33 Response to Motion for Summary Judgment (Rodine, Brent)
December 22, 2006 Filing 34 Brief/Memorandum in Support filed by Michael J Quilling re #33 Response to Motion (Rodine, Brent)
December 22, 2006 Filing 33 RESPONSE filed by Michael J Quilling re #27 MOTION for Summary Judgment (Rodine, Brent)
December 18, 2006 Filing 32 Appendix in Support filed by 3D Marketing LLC re #30 Response in Opposition (Schoettmer, Stephen)
December 18, 2006 Filing 31 Brief/Memorandum in Support filed by 3D Marketing LLC re #30 Response in Opposition (Schoettmer, Stephen)
December 18, 2006 Filing 30 RESPONSE in Opposition filed by 3D Marketing LLC re #23 MOTION for Summary Judgment (Schoettmer, Stephen)
December 7, 2006 Filing 29 Appendix in Support filed by 3D Marketing LLC re #28 MOTION for Summary Judgment Brief in Support of, #27 MOTION for Summary Judgment (Schoettmer, Stephen)
December 7, 2006 Filing 28 Brief in Support of #27 MOTION for Summary Judgment by 3D Marketing LLC (Schoettmer, Stephen) Modified on 12/8/2006 (jrb, ).
December 7, 2006 Filing 27 MOTION for Summary Judgment by 3D Marketing LLC. (Schoettmer, Stephen) Modified on 12/8/2006 (jrb, ).
November 20, 2006 Opinion or Order Filing 26 ORDER: Plaintiff Michael J. Quilling, as Receiver for Sardaukar Holdings, IBC and related entities, has filed a motion for summary judgment in this civil action. Defendant shall file a written response to the motion by December 18, 2006. Plaintiff may file a reply brief, but no additional evidence, by January 2, 2007. See order for other specifics. (Signed by Judge Jeff Kaplan on 11/20/06) (jrb, ) Modified on 11/22/2006 (lmr, ).
November 17, 2006 Filing 25 Appendix in Support filed by Michael J Quilling re #24 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit A#2 Exhibit A-1#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E#7 Exhibit F#8 Exhibit G#9 Exhibit H#10 Exhibit I#11 Exhibit J#12 Exhibit K) (Quilling, Michael)
November 17, 2006 Filing 24 Brief/Memorandum in Support filed by Michael J Quilling re #23 MOTION for Summary Judgment (Quilling, Michael)
November 17, 2006 Filing 23 MOTION for Summary Judgment by Michael J Quilling (Quilling, Michael)
September 1, 2006 Opinion or Order Filing 22 INITIAL SCHEDULING ORDER. Plaintiff shall file a motion for summary judgment by November 17, 2006. Defendant shall file a combined cross-motion for summary judgment and response to plaintiff's motion for summary judgment by December 7, 2006. Amended Pleadings due by 9/15/2006. Discovery due by 11/3/2006. See order for other specifics. (Signed by Judge Jeff Kaplan on 9/1/06) (jrb, ) Modified on 9/5/2006 (jrb, ).
August 18, 2006 Opinion or Order Filing 21 ORDER Setting Status Conference. Status Conference set for 9/1/2006 09:00 AM before Magistrate Judge Jeff Kaplan. (Signed by Judge Jeff Kaplan on 8/18/06) (jrb, )
August 18, 2006 Filing 20 DEMAND for Trial by Jury by 3D Marketing LLC. (skt, )
August 17, 2006 Filing 19 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 3D Marketing LLC. (jrb, )
August 17, 2006 Filing 18 ANSWER to Complaint by 3D Marketing LLC (jrb, )
July 14, 2006 Opinion or Order Filing 17 ORDER. Defendant 3-D Marketing, LLC is ordered to make an appearance in this case through a licensedattorney by August 17, 2006. (Signed by Judge Jeff Kaplan on 7/14/06) (jrb, )
June 16, 2006 Opinion or Order Filing 16 ORDER...Defendant 3-D Marketing, LLC is ordered to make an appearance in this case through alicensed attorney by July 17, 2006. See order for specifics. (Signed by Judge Jeff Kaplan on 6/16/06) (svc, )
June 16, 2006 Filing 15 Minute Entry for proceedings held before Judge Jeff Kaplan : Show Cause Hearing held on 6/16/06. (Tape #K1102.) (klm, )
June 14, 2006 Filing 14 Judicial NOTICE by Special Appearance, De Bene Esse, in re: Purported Order to Show Cause, Purported Jurisdictions and Purported Entitlement of Justice by Dean Allen Steeves (jrb, )
June 14, 2006 Opinion or Order Filing 13 STANDING ORDER FOR ELECTRONIC FILINGS RELATED TO MATTERS REFERRED TO THE UNITED STATES MAGISTRATE JUDGE (Signed by Judge Jeff Kaplan on 6/14/06) (jrb, )
June 2, 2006 Opinion or Order Filing 12 ORDER TO SHOW CAUSE Show Cause Hearing set for 6/16/2006 09:00 AM before Magistrate Judge Jeff Kaplan. (Signed by Judge Jeff Kaplan on 6/2/06) (copies mailed as ordered)(jrb, )
May 22, 2006 Opinion or Order Filing 11 Standing ORDER on Non-Dispositive Motions: The following order shall govern the filing and disposition of all discovery-related motions, pleading disputes, and other non-dispositive motions in this case. (See Order for specifics) (Signed by Judge Jeff Kaplan on 5/22/2006) (skt, )
May 22, 2006 Opinion or Order Filing 10 ORDER Setting Status Conference: Status Conference set for 6/2/2006 09:00 AM before Magistrate Judge Jeff Kaplan.(See Order for specifics) (Signed by Judge Jeff Kaplan on 5/22/2006) (skt, )
May 18, 2006 Opinion or Order Filing 9 Standing Order of Reference : This case is hereby referred to Magistrate Judge Jeff Kaplan for pretrial management. (Signed by Judge Sam A Lindsay on 5/18/06) (jrb, )
May 18, 2006 Opinion or Order Filing 8 Order Designating Case for ECF - see order for specifics. (Signed by Judge Sam A Lindsay on 5/18/06) (jrb, )
May 18, 2006 ***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (jrb, )
May 1, 2006 Opinion or Order Filing 7 ORDER. The above-referenced matter is Transferred to the docket of the Honorable Sam A. Lindsay for possible consolidation. All future pleadings and papers shall be filed with the case number 3:06cv293-L. Case reassigned to Judge Sam A Lindsay for all further proceedings. Judge Jorge A Solis no longer assigned to case. (Signed by Judge Jorge A Solis on 05/01/06) (lmr, )
March 10, 2006 Filing 6 Rebuttal/General Facts filed by 3D Marketing LLC. (lmr, )
February 27, 2006 Filing 5 SUMMONS Returned Executed as to 3D Marketing LLC served on 2/21/2006, answer due 3/13/2006. (Quilling, Michael)
February 15, 2006 Opinion or Order Filing 4 Order Designating Case for ECF - see order for specifics. (klm, )
February 15, 2006 Filing 3 Summons Issued as to 3D Marketing LLC. (klm, )
February 15, 2006 Filing 2 CERTIFICATE OF INTERESTED PERSONS by Michael J Quilling. (klm, )
February 15, 2006 Filing 1 COMPLAINT against 3D Marketing LLC filed by Michael J Quilling. (Filing fee $250; Receipt number 227940)(klm, )
February 15, 2006 ***Magistrate Judge Sanderson chosen by random selection to handle matters that may be referred in this case. (klm, )
February 15, 2006 DEMAND for Trial by Jury by Michael J Quilling. (see image 1) (klm, )

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Interested party: Dean Allen Steeves
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Plaintiff: Michael J Quilling
Represented By: Michael J Quilling
Represented By: D Dee Raibourn, III
Represented By: Brent Jason Rodine
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Defendant: 3D Marketing LLC
Represented By: Stephen Charles Schoettmer
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