Aubrey et al v. The Estate of Ira Tobolowsky et al
Plaintiff: Steven B Aubrey and Brian E Vodicka
Defendant: Jane Doe, Jackie K Wheelington, Michael B Tobolowsky, The Estate of Ira Tobolowsky, Rachel Ann Craig, David P Hendricks, Robin L Landis, Eric V Moye, Kenneth Issac Simmons, Stephen Schoettmer, Donald J Cosby, Richard B Aubrey, Jr, Faith G Burk, Betsy S Aubrey and Michael Tobolowsky
Case Number: 3:2019cv02792
Filed: November 22, 2019
Court: US District Court for the Northern District of Texas
Presiding Judge: David C Godbey
Referring Judge: Karen Gren Scholer
2 Judge: Renee Harris Toliver
Nature of Suit: Other Statutes: Racketeer Influenced and Corrupt Organizations
Cause of Action: 18 U.S.C. ยง 1961
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2021 Filing 110 Appendix in Support filed by Steven B Aubrey re #109 Response/Objection, (Aubrey, Steven)
September 20, 2021 Filing 109 OBJECTION filed by Steven B Aubrey re: #108 Findings and Recommendations on Motion re: #76 Motion to Dismiss filed by David P Hendricks, #75 Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by Michael Tobolowsky, #72 Dismiss for Failure to State a Claim,, (Attachments: #1 Additional Page(s)) (Aubrey, Steven)
September 7, 2021 Opinion or Order Filing 108 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' motions to dismiss, Doc. 72, Doc. 75 & Doc. 76, should be GRANTED, the claims against them should be DISMISSED WITH PREJUDICE, and this case should be CLOSED. (Ordered by Magistrate Judge Renee Harris Toliver on 9/7/2021) (mcrd)
August 9, 2021 Opinion or Order Filing 107 ELECTRONIC ORDER: Upon review, Plaintiffs' Motion to Extend Time to File Responses to Rule 12(b)(6) and 12(b)(1) Motions to Dismiss Filed by Defendants Michael B. Tobolowsky, The Estate of Ira Tobolowsky, and David P. Hendricks, Doc. #92 , is GRANTED. In light of this order, the Court will consider Plaintiffs' responses, Doc. #95 and Doc. #98 , as timely. Further, Plaintiffs' Motion for Leave to File Response to Defendant Michael B. Tobolowskys Rule 12(b)(6) and 12(b)(1) Motion to Dismiss Plaintiffs' First Amended Complaint in Excess of 25-Page Limit Imposed by Local Rule 7.2(c), Doc. #94 , which refers to Doc. #95 , is GRANTED (As this document has already been filed, see Doc. #95 , the Clerk need not enter the document again.).Based on the above orders, Defendants' Joint Motion to Strike Plaintiffs' Late-Filed Responses to Defendants' Motions to Dismiss, Doc. #100 , is DENIED. Plaintiffs' Motion to Strike Defendants' Late-Filed 12(b)(6) Motions to Dismiss, Doc. #101 , is DENIED. And, as Plaintiffs' Motion for Leave to Correct Clerical Mistakes, Doc. #103 , seeks to correct portions of Doc. #101 , it is TERMINATED AS MOOT. (Ordered by Magistrate Judge Renee Harris Toliver on 8/9/2021) (chmb)
April 19, 2021 Filing 106 RESPONSE filed by David P Hendricks, The Estate of Ira Tobolowsky, Michael Tobolowsky re: #101 MOTION to Strike #76 MOTION to Dismiss Plaintiffs' Amended Complaint and Brief in Support, #75 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #72 Motion to Dismiss for Failure t (SCHORSCH, JOHN)
April 19, 2021 Filing 105 RESPONSE filed by David P Hendricks re: #101 MOTION to Strike #76 MOTION to Dismiss Plaintiffs' Amended Complaint and Brief in Support, #75 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #72 Motion to Dismiss for Failure t (SCHORSCH, JOHN)
April 12, 2021 Filing 104 REPLY filed by The Estate of Ira Tobolowsky, Michael Tobolowsky re: #100 Joint MOTION to Strike #94 MOTION for Leave to File Page Limit Extention, #95 Response/Objection, #98 Brief/Memorandum in Support of Motion, (Tobolowsky, Zachary)
April 5, 2021 Filing 103 MOTION for Leave to File Correct Clerical Mistakes filed by Steven B Aubrey (Aubrey, Steven)
March 31, 2021 Filing 102 RESPONSE filed by Steven B Aubrey re: #100 Joint MOTION to Strike #94 MOTION for Leave to File Page Limit Extention, #95 Response/Objection, #98 Brief/Memorandum in Support of Motion, (Aubrey, Steven)
March 29, 2021 Filing 101 MOTION to Strike #76 MOTION to Dismiss Plaintiffs' Amended Complaint and Brief in Support, #75 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #72 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) (subject-matter jurisdiction) filed by Steven B Aubrey (Aubrey, Steven)
March 17, 2021 Filing 100 Joint MOTION to Strike #94 MOTION for Leave to File Page Limit Extention, #95 Response/Objection, #98 Brief/Memorandum in Support of Motion, filed by The Estate of Ira Tobolowsky, Michael Tobolowsky (Attachments: #1 Proposed Order) (Tobolowsky, Zachary)
March 17, 2021 Opinion or Order Filing 99 ELECTRONIC ORDER: Upon review, Plaintiffs' Motion to Reconsider the Court's Order Denying Motion to Disqualify, Doc. #97 , is DENIED for substantially the same reasons set forth in the Court's prior Order, Doc. #93 . (Ordered by Magistrate Judge Renee Harris Toliver on 3/17/2021) (chmb)
March 17, 2021 Filing 98 Response filed by Steven B Aubrey re #72 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) (subject-matter jurisdiction) (Attachments: #1 Declaration(s), #2 Exhibit(s), #3 Exhibit(s)) (Aubrey, Steven) Modified on 3/18/2021 (ykp).
March 16, 2021 Filing 97 MOTION for Reconsideration re #93 Order on Motion for Recusal filed by Steven B Aubrey (Attachments: #1 Exhibit(s)) (Aubrey, Steven)
March 16, 2021 Filing 96 RESPONSE filed by David P Hendricks, The Estate of Ira Tobolowsky, Michael Tobolowsky re: #92 MOTION for Extension of Time to File Response/Reply to #76 MOTION to Dismiss Plaintiffs' Amended Complaint and Brief in Support, #75 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , (Tobolowsky, Zachary)
March 14, 2021 Filing 95 RESPONSE filed by Steven B Aubrey re: #75 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Declaration(s), #2 Declaration(s)) (Aubrey, Steven)
March 14, 2021 Filing 94 MOTION for Leave to File Response to Defendant Michael b Tobolowsky Rule 12(b)(6) and 12(b)(1) Motion to Dismiss Plaintiffs' First Amended Complaint in Excess of 25-page Limit imposed by Local Rule 7.2(C) filed by Steven B Aubrey. (Attachments: #1 Exhibit(s)) (Aubrey, Steven) Modified text on 3/15/2021 (jmg).
March 2, 2021 Opinion or Order Filing 93 ORDER DENYING #89 MOTION TO DISQUALIFY. (Ordered by Magistrate Judge Renee Harris Toliver on 3/2/2021) (twd)
March 2, 2021 Filing 92 MOTION for Extension of Time to File Response/Reply to #76 MOTION to Dismiss Plaintiffs' Amended Complaint and Brief in Support, #75 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #72 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) (subject-matter jurisdiction) filed by Steven B Aubrey (Aubrey, Steven)
March 1, 2021 Opinion or Order Filing 91 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' Motions to Dismiss, #29 , #30 & #31 , are GRANTED. (Ordered by Judge David C Godbey on 3/1/2021) (hml)
March 1, 2021 Opinion or Order Filing 90 ORDER ACCEPTING #86 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' Motions to Dismiss, #39 , #42 & #60 , are GRANTED. (Ordered by Judge David C Godbey on 3/1/2021) (hml)
February 27, 2021 Filing 89 MOTION for Recusal filed by Steven B Aubrey (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s)) (Aubrey, Steven) Modified security description on 3/5/2021 (ykp).
February 25, 2021 Filing 88 OBJECTION filed by Steven B Aubrey re: #86 Findings and Recommendations. (Aubrey, Steven) Modified docket text on 2/26/2021 (oyh).
February 24, 2021 Filing 87 OBJECTION filed by Steven B Aubrey re: #85 Findings and Recommendations on Case re: #3 Complaint filed by Brian E Vodicka, Steven B Aubrey. (Aubrey, Steven)
February 11, 2021 Opinion or Order Filing 86 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' #39 , #42 , #60 Motions to Dismiss should be GRANTED and the claims against them should be DISMISSED WITH PREJUDICE. (Ordered by Magistrate Judge Renee Harris Toliver on 2/11/2021) (hml)
February 10, 2021 Opinion or Order Filing 85 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The State Bar Defendants' Motions to Dismiss, Doc. #29 , Doc. #30 & Doc. #31 , should be GRANTED, and Plaintiffs' claims against them should be DISMISSED WITHOUT PREJUDICE. (Ordered by Magistrate Judge Renee Harris Toliver on 2/10/2021) (mcrd)
February 9, 2021 Opinion or Order Filing 84 ELECTRONIC ORDER: Defendant David P. Hendricks's Motion for Leave to File Rule 12(b)(6) and 12(b)(1) Motion to Dismiss and Brief in Support in Excess of 25-page Limit, Doc. #78 , is GRANTED. The document has already been filed of record at Doc. #76 . (Ordered by Magistrate Judge Renee Harris Toliver on 2/9/2021) (chmb)
February 9, 2021 Opinion or Order Filing 83 ELECTRONIC ORDER: Defendant Michael B. Tobolowsky's Motion for Leave to File Rule 12(b)(6) and 12(b)(1) Motion to Dismiss and Brief in Support in Excess of 25-page Limit is GRANTED. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Magistrate Judge Renee Harris Toliver on 2/9/2021) (chmb)
February 9, 2021 The clerk declines to issued default at this time pending judicial screening re: #79 , #80 , #81 , #82 Requests for Clerk to Issue Document. (axm)
February 8, 2021 Filing 82 Request for Clerk to issue Entry of Default filed by Steven B Aubrey. (Attachments: #1 Declaration(s), #2 Exhibit(s) Proof of Service, #3 Proposed Order Proposed Order of Default) (Aubrey, Steven)
February 8, 2021 Filing 81 Request for Clerk to issue Entry of Default filed by Steven B Aubrey. (Attachments: #1 Declaration(s), #2 Exhibit(s) Proof of Service, #3 Proposed Order Proposed Order of Default) (Aubrey, Steven)
February 8, 2021 Filing 80 Request for Clerk to issue Entry of Default filed by Steven B Aubrey. (Attachments: #1 Declaration(s), #2 Exhibit(s) Proof of Service, #3 Proposed Order Proposed Order of Default) (Aubrey, Steven)
February 8, 2021 Filing 79 Request for Clerk to issue Entry of Default filed by Steven B Aubrey. (Attachments: #1 Declaration(s), #2 Exhibit(s) Proof of Service, #3 Proposed Order Proposed Order of Default) (Aubrey, Steven)
February 8, 2021 Filing 78 MOTION for Leave to File Re-File Motion to Dismiss and Brief in Support of Excess of 25 Page Limit Imposed by Local Rule 7.2(c) filed by David P Hendricks (Attachments: #1 Exhibit(s)) (SCHORSCH, JOHN)
February 8, 2021 Opinion or Order Filing 77 ELECTRONIC ORDER: TERMINATING AS MOOT Defendants' Motions to Dismiss at Doc. #17 , Doc. #18 , Doc. #20 , Doc. #24 , and Doc. #34 in light of Defendants' filing of subsequent dismissal motions. (Ordered by Magistrate Judge Renee Harris Toliver on 2/8/2021) (chmb)
February 5, 2021 Filing 76 MOTION to Dismiss Plaintiffs' Amended Complaint and Brief in Support filed by David P Hendricks with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (SCHORSCH, JOHN)
February 5, 2021 Filing 75 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Michael Tobolowsky with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Tobolowsky, Michael)
February 5, 2021 Filing 74 MOTION for Leave to File Motion in Excess Page Limit filed by Michael Tobolowsky (Attachments: #1 Exhibit(s) Proposed M to Dismiss) (Tobolowsky, Michael)
February 5, 2021 Filing 73 Appendix in Support filed by The Estate of Ira Tobolowsky re #72 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) (subject-matter jurisdiction) (Tobolowsky, Zachary)
February 5, 2021 Filing 72 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) (subject-matter jurisdiction) () filed by The Estate of Ira Tobolowsky with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix in Support of Estate's Motion to Dismiss, #2 Proposed Order) (Tobolowsky, Zachary)
January 8, 2021 Opinion or Order Filing 71 ORDER: Plaintiffs' #50 Motion for Leave to File Second Amended Complaint is DENIED WITHOUT PREJUDICE. If Plaintiffs wish to file a renewed motion for leave in accordance with the parameters outlined above, they must do so within 14 days of the date of this order. Defendants are not required to respond to any renewed motion for leave unless the Court requests briefing. (Ordered by Magistrate Judge Renee Harris Toliver on 1/8/2021) (twd)
September 30, 2020 Opinion or Order Filing 70 ELECTRONIC ORDER: Plaintiffs' Motion for Default Judgment, Doc. #57 , and Amended Motion for Default Judgment, Doc. #58 , are TERMINATED AS PREMATURE in light of the Court's order providing that Defendants are not required to answer or otherwise respond to Plaintiffs' First Amended Complaint until the Court rules on Plaintiffs' motion for leave to amend. See Doc. #49 . (Ordered by Magistrate Judge Renee Harris Toliver on 9/30/2020) (chmb)
September 18, 2020 Opinion or Order Filing 69 ELECTRONIC ORDER finding as moot #16 Motion to Strike ; finding as moot #19 Motion to Strike ; finding as moot #23 Motion to Strike Motion to Strike filed by Michael Tobolowsky, The Estate of Ira Tobolowsky. Doc #16 .Motion to Strike filed by Stephen Schoettmer. Doc. #19 .Motion to Strike Pursuant to Rule 12(f) filed by David P Hendricks with Brief/Memorandum in Support. Doc. #23 .Because the motions relate back to the original Complaint, Doc. #3 , all are TERMINATED AS MOOT. (Ordered by Magistrate Judge Renee Harris Toliver on 9/18/2020) (chmb)
September 18, 2020 Opinion or Order Filing 68 ORDER ACCEPTING #66 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE:The objections are overruled and the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge.Judge Cosby and Judge Moye's motions, Doc. #15 , Doc. #35 , are GRANTED, and Plaintiffs' case against them is DISMISSED WITH PREJUDICE. Judge Cosby and Judge Moye are terminated as Defendants in this case. (Ordered by Judge David C Godbey on 9/18/2020) (ykp)
August 26, 2020 Filing 67 OBJECTION filed by Steven B Aubrey re: #66 Findings and Recommendation. (Aubrey, Steven) Modified linkage on 8/27/2020 (mla).
August 12, 2020 Opinion or Order Filing 66 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant District Judge Donald J. Cosby's Motion to Dismiss, Doc. #15 , and Defendant District Judge Eric Vaughn Moye's Motion to Dismiss Pursuant to Rule 12(b), Doc. #35 , should be GRANTED. Plaintiffs' case against Judges Cosby and Moye should be DISMISSED WITH PREJUDICE, and Judge Cosby and Judge Moye should be terminated as Defendants in this case. (Ordered by Magistrate Judge Renee Harris Toliver on 8/12/2020) (ctf)
June 24, 2020 Opinion or Order Filing 65 ELECTRONIC ORDER: Plaintiff's unopposed motion to correct a clerical mistake, Doc. #55 , is GRANTED. Accordingly, the "4th day of June 2020" in Doc. #54 at 14 shall be construed as the "4th day of May 2020." (Ordered by Magistrate Judge Renee Harris Toliver on 6/24/2020) (chmb)
May 28, 2020 Filing 64 REPLY filed by Steven B Aubrey re: #63 Response/Objection (Aubrey, Steven)
May 14, 2020 Filing 63 RESPONSE filed by Betsy S Aubrey re: #57 MOTION for Default Judgment against Betsy S Aubrey, #58 Amended MOTION for Default Judgment against Betsy S Aubrey (Aubrey, Betsy)
May 13, 2020 Filing 62 REPLY filed by Steven B Aubrey re: #53 Response/Objection (Aubrey, Steven)
May 12, 2020 Filing 61 REPLY filed by Steven B Aubrey re: #52 Response/Objection (Aubrey, Steven)
May 7, 2020 Filing 59 ***PLEASE DISREGARD - ENTERED PREMATURELY PER #49 ORDER**** Clerk's ENTRY OF DEFAULT as to Betsy S Aubrey. (aaa) Modified on 8/10/2020 (axm).
May 6, 2020 Filing 60 MOTION to Dismiss filed by Betsy S Aubrey with Brief/Memorandum in Support. (oyh)
May 6, 2020 Filing 58 Amended MOTION for Default Judgment against Betsy S Aubrey filed by Steven B Aubrey (Attachments: #1 Proposed Order) (Aubrey, Steven)
May 6, 2020 Filing 57 MOTION for Default Judgment against Betsy S Aubrey filed by Steven B Aubrey (Attachments: #1 Proposed Order) (Aubrey, Steven)
May 6, 2020 Filing 56 Request for Clerk to issue Entry of Default filed by Steven B Aubrey. (Attachments: #1 Affidavit(s), #2 Affidavit(s), #3 Proposed Order) (Aubrey, Steven)
May 5, 2020 Filing 55 MOTION Date correction re #54 Reply filed by Steven B Aubrey (Aubrey, Steven)
May 4, 2020 Filing 54 REPLY filed by Steven B Aubrey re: #51 Response/Objection (Aubrey, Steven)
April 29, 2020 Filing 53 OBJECTION filed by Michael Tobolowsky re: #50 MOTION for Leave to File Amended PetitionSecond (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C) (Tobolowsky, Michael)
April 28, 2020 Filing 52 OBJECTION filed by Stephen Schoettmer re: #50 MOTION for Leave to File Amended PetitionSecond (Schoettmer, Stephen)
April 28, 2020 Filing 51 OBJECTION filed by David P Hendricks re: #50 MOTION for Leave to File Amended PetitionSecond (Attachments: #1 Exhibit(s)) (SCHORSCH, JOHN)
April 21, 2020 Filing 50 MOTION for Leave to File Amended PetitionSecond filed by Steven B Aubrey, Brian E Vodicka (Aubrey, Steven) Modified filer on 4/22/2020 (awc).
April 15, 2020 Opinion or Order Filing 49 ORDER: IT IS ORDERED that Defendants are not required to answer or otherwise respond to Plaintiffs First Amended Complaint, Doc. 37, until the Court rules on Plaintiffs anticipated motion for leave to amend (Anticipated Motion). If the Court grants Plaintiffs Anticipated Motion, then Defendants shall answer or otherwise respond to the Second Amended Complaint within 14 days of its filing date. If the Court issues an order denying Plaintiffs Anticipated Motion, then Defendants shall answer or otherwise respond to Plaintiffs First Amended Complaint, Doc. 37, within 14 days of that order. (Ordered by Magistrate Judge Renee Harris Toliver on 4/15/2020) (mcrd)
April 14, 2020 Filing 48 Agreed STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT OR PROPOSED SECOND AMENDED COMPLAINT by Donald J Cosby, Rachel Ann Craig, David P Hendricks, Robin L Landis, Eric V Moye, The Estate of Ira Tobolowsky, Michael Tobolowsky, Jackie K Wheelington. (Tobolowsky, Zachary)
April 7, 2020 Filing 47 SUMMONS Returned Executed as to Betsy S Aubrey ; served on 3/30/2020. (oyh)
April 3, 2020 Opinion or Order Filing 46 ELECTRONIC ORDER granting #43 Motion to Extend Time to File Response/Reply. Defendant Richard B. Aubrey is GRANTED until April 17, 2020 to file an answer or other responsive pleading to Plaintiff's First Amended Complaint. (Ordered by Magistrate Judge Renee Harris Toliver on 4/3/2020) (Magistrate Judge Renee Harris Toliver)
April 3, 2020 Opinion or Order Filing 45 ELECTRONIC ORDER granting #40 Motion for Extension of Time to File Answer David P Hendricks answer due 4/17/2020; The Estate of Ira Tobolowsky answer due 4/17/2020; Michael Tobolowsky answer due 4/17/2020. (Ordered by Magistrate Judge Renee Harris Toliver on 4/3/2020) (Magistrate Judge Renee Harris Toliver)
April 3, 2020 Opinion or Order Filing 44 ELECTRONIC ORDER granting #41 Motion to Extend Time to File Response/Reply. Defendants Cosby and Moye are GRANTED until April 17, 2020 to file an answer or other responsive pleading to Defendant's First Amended Complaint. (Ordered by Magistrate Judge Renee Harris Toliver on 4/3/2020) (Magistrate Judge Renee Harris Toliver)
April 3, 2020 Filing 43 MOTION for Extension of Time to File Response/Reply to #37 Amended Complaint,, filed by Richard B Aubrey, Jr (Aubrey, Richard)
April 3, 2020 Filing 42 MOTION to Dismiss First Amended Complaint filed by Stephen Schoettmer (Attachments: #1 Proposed Order)Attorney Stephen Charles Schoettmer added to party Stephen Schoettmer(pty:dft) (Schoettmer, Stephen)
April 3, 2020 Filing 41 MOTION for Extension of Time to File Response/Reply to #3 Complaint,,, filed by Donald J Cosby, Eric V Moye (Attachments: #1 Proposed Order) (Wade, Landon)
April 2, 2020 Filing 40 Unopposed Motion for Extension of Time to File Answer or Respond to Plaintiffs' First Amended Complaint filed by David P Hendricks (Attachments: #1 Exhibit(s)) (SCHORSCH, JOHN)
April 2, 2020 Filing 39 MOTION to Dismiss First Amended Complaint filed by Faith G Burk (Burk, Faith)
March 23, 2020 Filing 38 Summons Issued as to Betsy S Aubrey. (hml)
March 20, 2020 Filing 37 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Steven B Aubrey and Brian E. Vodicka. (One or more defendant(s) is no longer named.) Clerk to issue summons(es). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Aubrey, Steven) Modified filed by on 3/23/2020 (hml).
March 12, 2020 Filing 36 Appendix in Support filed by Eric V Moye re #35 MOTION to Dismiss Pursuant to Rule 12(b) and Brief in Support (Wade, Landon)
March 12, 2020 Filing 35 MOTION to Dismiss Pursuant to Rule 12(b) and Brief in Support filed by Eric V Moye with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Wade, Landon)
March 11, 2020 Filing 34 Defendant's Rule 12(b)(6) and 12(b)(1) MOTION to Dismiss filed by Faith G Burk with Brief in Support. (hml)
March 11, 2020 Opinion or Order Filing 33 ELECTRONIC ORDER: Upon cursory review of Defendants' pending motions to dismiss, Docs. #15 , #17 , #18 , #20 , #23 , #24 , #29 , #30 , #31 , the Court finds good cause to postpone the entry of a scheduling order pending its determination of the motions. See Fed. R. Civ. P. 16(b)(2). (Ordered by Magistrate Judge Rene Harris Toliver on 3/11/2020) (Magistrate Judge Rene Harris Toliver)
March 11, 2020 Filing 32 ELECTRONIC ORDER: Upon consideration, Defendant Eric Moy's Unopposed Motion for Extension of Time to File Responsive Pleading, Doc. #28 . is GRANTED. Defendant Eric Moy's responsive pleading must be filed on or before March 13, 2020. (Magistrate Judge Rene Harris Toliver)
March 9, 2020 Filing 31 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Robin L Landis with Brief/Memorandum in Support. Attorney Kristin Virginia Brady added to party Robin L Landis (pty:dft). (Brady, Kristin)
March 9, 2020 Filing 30 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Jackie K Wheelington with Brief/Memorandum in Support. Attorney Kristin Virginia Brady added to party Jackie K Wheelington (pty:dft). (Brady, Kristin)
March 9, 2020 Filing 29 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Rachel Ann Craig with Brief/Memorandum in Support. Attorney Kristin Virginia Brady added to party Rachel Ann Craig (pty:dft). (Brady, Kristin)
March 6, 2020 Filing 28 Unopposed MOTION for Extension of Time to File Responsive Pleading filed by Eric V Moye (Attachments: #1 Proposed Order) (Wade, Landon)
March 6, 2020 Filing 27 NOTICE of Attorney Appearance by Landon A Wade on behalf of Donald J Cosby, Eric V Moye. (Filer confirms contact info in ECF is current.) (Wade, Landon)
March 5, 2020 Filing 26 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Tobolowsky. (Tobolowsky, Michael)
March 4, 2020 Filing 25 ANSWER to #3 Complaint filed by Richard B Aubrey, Jr. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (rekc)
March 3, 2020 Filing 24 MOTION to Dismiss (Rule 12(b)(6) and 12(b)(1) and Brief in Support filed by David P Hendricks with Brief/Memorandum in Support. (Schorsch, John)
March 3, 2020 Filing 23 MOTION to Strike Pursuant to Rule 12(f) filed by David P Hendricks with Brief/Memorandum in Support. Attorney John B Schorsch, Jr added to party David P Hendricks(pty:dft) (Schorsch, John)
March 3, 2020 Filing 20 Motion to Dismiss for Failure to State a Claim filed by Stephen Schoettmer with Brief/Memorandum in Support. (Tobolowsky, Michael)
March 3, 2020 Filing 19 MOTION to Strike filed by Stephen Schoettmer. Party Stephen C. Schoettmer added. (Tobolowsky, Michael)
March 2, 2020 Filing 22 SUMMONS Returned Executed as to Faith G Burk served on 2/21/2020. (hml)
March 2, 2020 Filing 21 SUMMONS Returned Executed as to Rachel Ann Craig served on 2/18/2020. (hml)
March 2, 2020 Filing 18 Motion to Dismiss for Failure to State a Claim filed by The Estate of Ira Tobolowsky with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit A, #2 Proposed Order Exhibit B (Proposed Order PDF)). Party The Estate of Ira Tobolowsky added.Attorney Michael Benjamin Tobolowsky added to party The Estate of Ira Tobolowsky(pty:dft) (Tobolowsky, Michael)
March 2, 2020 Filing 17 Motion to Dismiss for Failure to State a Claim filed by Michael Tobolowsky with Brief/Memorandum in Support. (Tobolowsky, Michael)
March 2, 2020 Filing 16 MOTION to Strike filed by Michael Tobolowsky, The Estate of Ira Tobolowsky. Party Michael B. Tobolowsky added.Attorney Michael Benjamin Tobolowsky added to party Michael Tobolowsky(pty:dft) (Tobolowsky, Michael) Modified filer on 3/3/2020 (awc).
February 28, 2020 Filing 15 MOTION to Dismiss filed by Donald J Cosby with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Proposed Order). Party Judge Donald J Cosby added.Attorney Demetri Anastasiadis added to party Donald J Cosby(pty:dft) (Anastasiadis, Demetri)
February 19, 2020 Filing 14 SUMMONS Returned Executed as to Stephen Schoettmer; served on 2/10/2020. (oyh)
February 19, 2020 Filing 13 SUMMONS Returned Executed as to Michael Tobolowsky; served on 2/10/2020. (oyh)
February 19, 2020 Filing 12 SUMMONS Returned Executed as to David P Hendricks; served on 2/11/2020. (oyh)
February 19, 2020 Filing 11 SUMMONS Returned Executed as to The Estate of Ira Tobolowsky; served on 2/10/2020. (oyh) Modified on 2/26/2020 (axm).
February 19, 2020 Filing 10 SUMMONS Returned Executed as to Richard B Aubrey, Jr; served on 2/11/2020. (oyh) Modified filed date on 2/26/2020 (axm).
February 17, 2020 Filing 9 SUMMONS Returned Executed as to Donald J Cosby ; served on 2/7/2020. (Aubrey, Steven)
January 23, 2020 Filing 8 Summons Issued as to Richard B Aubrey, Jr, Faith G Burk, Donald J Cosby, Rachel Ann Craig, David P Hendricks, Eric V Moye, Stephen Schoettmer, Kenneth Isaac Simmons, The Estate of Ira Tobolowsky, Michael B Tobolowsky. (rekc) Modified on 1/23/2020 to correct name of party being issued summons (Richard B Aubrey, Jr) (ctf).
January 22, 2020 Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steven B Aubrey. (Aubrey, Steven)
January 22, 2020 Filing 6 Request for Clerk to issue summons filed by Steven B Aubrey. (Attachments: #1 summons for clerk issue, #2 summons for clerk issue, #3 summons for clerk issue, #4 summons for clerk issue, #5 summons for clerk issue, #6 summons for clerk issue, #7 summons for clerk issue, #8 summons for clerk issue, #9 summons for clerk issue) (Aubrey, Steven)
November 25, 2019 Filing 5 Pursuant to instruction in Special Order 3-334, the Clerk has reassigned the case to Judge David C Godbey for all further proceedings. Future filings should indicate the case number as: 3:19-cv-2792-N-BK. (ctf) Modified text on 11/25/2019 (ctf).
November 25, 2019 Filing 4 Court Request for Recusal: Judge Karen Gren Scholer recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Senior Judge Sidney A Fitzwater for all further proceedings. Future filings should indicate the case number as: 3:19-cv-2792-D-BK. (ctf)
November 22, 2019 Filing 3 COMPLAINT WITH JURY DEMAND against Betsy S Aubrey, Richard B Aubrey, Jr, Faith G Burk, Donald J Cosby, Rachel Ann Craig, Jane Doe, David P Hendricks, Robin L Landis, Eric V Moye, Stephen Schoettmer, Kenneth Issac Simmons, The Estate of Ira Tobolowsky, Michael B Tobolowsky, Jackie K Wheelington filed by Brian E Vodicka, Steven B Aubrey. (Filing fee $400.00; Receipt number 120410) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (cdt)
November 22, 2019 Filing 2 Notice and Instruction to Pro Se Party. (cdt)
November 22, 2019 Filing 1 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (cdt)

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Search for this case: Aubrey et al v. The Estate of Ira Tobolowsky et al
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Defendant: Jane Doe
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Defendant: Jackie K Wheelington
Represented By: Kristin Virginia Brady
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Defendant: Michael B Tobolowsky
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Defendant: The Estate of Ira Tobolowsky
Represented By: Zachary Brian Tobolowsky
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Defendant: Rachel Ann Craig
Represented By: Kristin Virginia Brady
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Defendant: David P Hendricks
Represented By: JOHN B SCHORSCH, Jr
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Defendant: Robin L Landis
Represented By: Kristin Virginia Brady
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Defendant: Eric V Moye
Represented By: Demetri Anastasiadis
Represented By: Landon A Wade
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Defendant: Kenneth Issac Simmons
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Defendant: Stephen Schoettmer
Represented By: Stephen Charles Schoettmer
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Defendant: Donald J Cosby
Represented By: Demetri Anastasiadis
Represented By: Landon A Wade
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Defendant: Richard B Aubrey, Jr
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Defendant: Faith G Burk
Represented By: Faith Guthrie Burk
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Defendant: Betsy S Aubrey
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Defendant: Michael Tobolowsky
Represented By: Michael Benjamin Tobolowsky
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Plaintiff: Steven B Aubrey
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Plaintiff: Brian E Vodicka
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