Aubrey et al v. The Estate of Ira Tobolowsky et al
| Steven B Aubrey and Brian E Vodicka |
| 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 |
| 3:2019cv02792 |
| November 22, 2019 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Karen Gren Scholer |
| Renee Harris Toliver |
| Other Statutes: Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 110 Appendix in Support filed by Steven B Aubrey re #109 Response/Objection, (Aubrey, Steven) |
| 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) |
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)
|
|
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)
|
| 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) |
| 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) |
| 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) |
| Filing 103 MOTION for Leave to File Correct Clerical Mistakes filed by Steven B Aubrey (Aubrey, Steven) |
| 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) |
| 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) |
| 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) |
|
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)
|
| 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). |
| Filing 97 MOTION for Reconsideration re #93 Order on Motion for Recusal filed by Steven B Aubrey (Attachments: #1 Exhibit(s)) (Aubrey, Steven) |
| 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) |
| 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) |
| 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). |
|
Filing 93
ORDER DENYING #89 MOTION TO DISQUALIFY. (Ordered by Magistrate Judge Renee Harris Toliver on 3/2/2021) (twd)
|
| 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) |
|
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)
|
|
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)
|
| 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). |
| Filing 88 OBJECTION filed by Steven B Aubrey re: #86 Findings and Recommendations. (Aubrey, Steven) Modified docket text on 2/26/2021 (oyh). |
| 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) |
|
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)
|
|
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)
|
|
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)
|
|
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)
|
| The clerk declines to issued default at this time pending judicial screening re: #79 , #80 , #81 , #82 Requests for Clerk to Issue Document. (axm) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
|
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)
|
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
|
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)
|
|
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)
|
|
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)
|
|
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)
|
| Filing 67 OBJECTION filed by Steven B Aubrey re: #66 Findings and Recommendation. (Aubrey, Steven) Modified linkage on 8/27/2020 (mla). |
|
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)
|
|
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)
|
| Filing 64 REPLY filed by Steven B Aubrey re: #63 Response/Objection (Aubrey, Steven) |
| 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) |
| Filing 62 REPLY filed by Steven B Aubrey re: #53 Response/Objection (Aubrey, Steven) |
| Filing 61 REPLY filed by Steven B Aubrey re: #52 Response/Objection (Aubrey, Steven) |
| 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). |
| Filing 60 MOTION to Dismiss filed by Betsy S Aubrey with Brief/Memorandum in Support. (oyh) |
| Filing 58 Amended MOTION for Default Judgment against Betsy S Aubrey filed by Steven B Aubrey (Attachments: #1 Proposed Order) (Aubrey, Steven) |
| Filing 57 MOTION for Default Judgment against Betsy S Aubrey filed by Steven B Aubrey (Attachments: #1 Proposed Order) (Aubrey, Steven) |
| 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) |
| Filing 55 MOTION Date correction re #54 Reply filed by Steven B Aubrey (Aubrey, Steven) |
| Filing 54 REPLY filed by Steven B Aubrey re: #51 Response/Objection (Aubrey, Steven) |
| 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) |
| Filing 52 OBJECTION filed by Stephen Schoettmer re: #50 MOTION for Leave to File Amended PetitionSecond (Schoettmer, Stephen) |
| Filing 51 OBJECTION filed by David P Hendricks re: #50 MOTION for Leave to File Amended PetitionSecond (Attachments: #1 Exhibit(s)) (SCHORSCH, JOHN) |
| 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). |
|
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)
|
| 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) |
| Filing 47 SUMMONS Returned Executed as to Betsy S Aubrey ; served on 3/30/2020. (oyh) |
|
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)
|
|
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)
|
|
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)
|
| Filing 43 MOTION for Extension of Time to File Response/Reply to #37 Amended Complaint,, filed by Richard B Aubrey, Jr (Aubrey, Richard) |
| 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) |
| 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) |
| 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) |
| Filing 39 MOTION to Dismiss First Amended Complaint filed by Faith G Burk (Burk, Faith) |
| Filing 38 Summons Issued as to Betsy S Aubrey. (hml) |
| 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). |
| 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) |
| 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) |
| 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) |
|
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)
|
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 28 Unopposed MOTION for Extension of Time to File Responsive Pleading filed by Eric V Moye (Attachments: #1 Proposed Order) (Wade, Landon) |
| 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) |
| Filing 26 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Tobolowsky. (Tobolowsky, Michael) |
| 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) |
| 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) |
| 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) |
| Filing 20 Motion to Dismiss for Failure to State a Claim filed by Stephen Schoettmer with Brief/Memorandum in Support. (Tobolowsky, Michael) |
| Filing 19 MOTION to Strike filed by Stephen Schoettmer. Party Stephen C. Schoettmer added. (Tobolowsky, Michael) |
| Filing 22 SUMMONS Returned Executed as to Faith G Burk served on 2/21/2020. (hml) |
| Filing 21 SUMMONS Returned Executed as to Rachel Ann Craig served on 2/18/2020. (hml) |
| 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) |
| Filing 17 Motion to Dismiss for Failure to State a Claim filed by Michael Tobolowsky with Brief/Memorandum in Support. (Tobolowsky, Michael) |
| 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). |
| 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) |
| Filing 14 SUMMONS Returned Executed as to Stephen Schoettmer; served on 2/10/2020. (oyh) |
| Filing 13 SUMMONS Returned Executed as to Michael Tobolowsky; served on 2/10/2020. (oyh) |
| Filing 12 SUMMONS Returned Executed as to David P Hendricks; served on 2/11/2020. (oyh) |
| Filing 11 SUMMONS Returned Executed as to The Estate of Ira Tobolowsky; served on 2/10/2020. (oyh) Modified on 2/26/2020 (axm). |
| 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). |
| Filing 9 SUMMONS Returned Executed as to Donald J Cosby ; served on 2/7/2020. (Aubrey, Steven) |
| 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). |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steven B Aubrey. (Aubrey, Steven) |
| 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) |
| 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). |
| 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) |
| 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) |
| Filing 2 Notice and Instruction to Pro Se Party. (cdt) |
| 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
