Marlin et al v. Moody National Bank, N.A. et al
Plaintiff: M. Gene Marlin and Old National Bank
Defendant: Moody National Bank, N.A., Michael S Hazlewood, Michael A. Virnau doing business as Rhino Machinery & Equipment Rental, James Edward Ogden doing business as Continental Foundation Restoration, Cabo Construction, Inc., Lissa Johnson, Gary Johnson, Jackson Crane Service, Brad Jackson, DBR Enterprises, Inc., David B. Ridgeway, X-Act Construction Services, LLC, Ted Ricketson, Gary Hanning, Amanda Bogges, Bradford Reeder, Elizabeth Reeder, William Padon, III, Carl Alan Swindoll, A&L Sandblasting And Painting, Inc., Jackie Ray Aldridge, Blake D. Aldridge, Inc., John Does 1-20, ALS Associates, Inc., Montgomery Sales, Ltd. and David Montgomery
Case Number: 4:2004cv04443
Filed: November 19, 2004
Court: U.S. District Court for the Southern District of Texas
Office: Racketeer/Corrupt Organization Office
Presiding Judge: Lynn N Hughes
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1962 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 9, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2009 Filing 240 Mail Returned Undeliverable as to attorney A Lee McLain re: #239 Order of Dismissal, filed. Unable to obtain updated address on TX State Bar website. (jegonzalez, )
February 1, 2009 Opinion or Order Filing 239 ORDER OF DISMISSAL re: #238 Joint MOTION to Dismiss. Case terminated on 2/1/2009.(Signed by Judge Lynn N. Hughes) Parties notified.(dkelly, )
January 27, 2009 Filing 238 Joint MOTION to Dismiss by Moody National Bank, N.A., filed. Motion Docket Date 2/17/2009. (Attachments: #1 Proposed Order of dismissal)(Adams, Michael)
January 5, 2009 Filing 237 Mail Returned Undeliverable as to attorney A Lee McLain re: #233 Order Setting Conference, filed. (pjameson, )
December 29, 2008 Filing 236 Mail Returned Undeliverable as to attorney A Lee McLain re: #233 Order Setting Conference, filed. (jewilliams, )
December 19, 2008 Filing 235 Mail Returned Undeliverable as to attorney A Lee McLain re: #234 Conference Memorandum,, filed. (lfilmore, )
December 12, 2008 Filing 234 CONFERENCE MEMORANDUM: Appearances: Michael Gerard Adams, Michael Burke Hughes, Andrew J Mytelka, Edward J Patterson, III, Steven D Smit, Larry Richard Veselka. Review (Internal Use Only): 1/12/2009. (Signed by Judge Lynn N. Hughes) Parties notified.(dkelly, )
December 12, 2008 Opinion or Order Filing 233 Order: Status Conference set for 12/12/2008 at 05:00 PM in Room 11122 before Judge Lynn N. Hughes. (Signed by Judge Judge Lynn N. Hughes) Parties notified. (dkelly, )
December 11, 2008 Filing 232 Joint MOTION for Status Conference by M. Gene Marlin, Old National Bank, Moody National Bank, N.A., Michael S Hazlewood, filed. Motion Docket Date 12/31/2008. (Patterson, Edward)
December 11, 2008 Filing 231 NOTICE of Appearance by Edward J. Patterson and Terriann Trostle on behalf of Old National Bank, filed. (Patterson, Edward)
December 1, 2008 Filing 230 Mail Returned Undeliverable as to attorney A Lee McLain re: #229 Order Setting Hearing, filed. (kstrouse, )
November 24, 2008 Opinion or Order Filing 229 Order: By 12/15/2008, the parties must comply. Hearing set for 12/18/2008 at 03:00 PM at Courtroom 11C before Judge Lynn N. Hughes. (Signed by Judge Judge Lynn N. Hughes) Parties notified. (dkelly, )
August 28, 2008 Filing 228 Copy of Bill of Costs by USCA for the Fifth Circuit in the amount of $838.50 against Defendants-Appellees Moody National Bank and Michael S. Hazlewood (USCA No. 07-20426), filed.(dclark, )
August 28, 2008 Filing 227 Judgment of USCA for the Fifth Circuit (Certified copy) dated 6/30/2008 issued as mandate 8/26/2008; re: #213 Notice of Appeal ; USCA No. 07-20426. Judgment of the District Court is vacated and the cause is remanded to the District Court for further proceedings., filed.(dclark, )
August 28, 2008 Opinion or Order Filing 226 Order of USCA for the Fifth Circuit (copy) dated 6/30/2008 re: #213 Notice of Appeal ; USCA No. 07-20426. Vacated and Remanded. Case reopened on 8/28/08, filed.(dclark, )
August 28, 2008 Filing 225 Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: #213 Notice of Appeal ; consisting of 2 Envelopes, forwarded to fileroom. Electronic copy of record has been recycled. (USCA No. 07-20426), filed.(pcrawford, )
October 26, 2007 Filing 224 Bill of Costs by USCA for the Fifth Circuit in the amount of $270.00 against Plaintiff's - Appellants M. Gene Marlin and Old National Bank (USCA No. 06-20776), filed.(jdav, )
October 26, 2007 Filing 223 JUDGMENT of USCA for the FIFTH CIRCUIT (CERTIFIED copy) dated SEPTEMBER 19, 2007 issued as mandate OCTOBER 24, 2007; re: #193 Notice of Appeal, ; USCA No. 06-20776. THE JUDGMENT OF THE DISTRICT COURT IS AFFIRMED., filed.(jdav, )
October 26, 2007 Filing 222 Fifth Circuit Court of Appeals LETTER advising The record/original papers/exhibits are TO BE returned. They are currently retained for use in 07-20426 (USCA No. 06-20776), filed.(jdav, ) Modified on 10/26/2007 (jdav, ).
October 26, 2007 Filing 221 PER CURIAM of USCA for the FIFTH CIRCUIT dated SEPTEMBER 19, 2997 re: #193 Notice of Appeal, ; USCA No. 06-20776. THE JUDGMENT OF THE DISTRICT COURT IS AFFIRMED., filed.(jdav, )
August 22, 2007 Filing 220 Fifth Circuit Court of Appeals LETTER advising The court has granted an unopposed extension of time and the court has granted the motion to supplement the record... (USCA No. 07-20426), filed.(kosborne, )
August 1, 2007 Filing 219 Transmittal Letter on Appeal Certified re: #213 Notice of Appeal. CD containing the electronic record is to be picked up by counsel Richardson, filed.(kettac, )
July 18, 2007 Filing 218 Transmittal Letter on Appeal re: #193 Notice of Appeal,. CD containing the 2nd supplemental electronic record is being sent to counsel Steven Smit, and Andrew J. Mytelka, filed.(kettac, ) Modified on 7/18/2007 (kettac, ).
July 13, 2007 Filing 217 Transmittal Letter on Appeal Certified re: #213 Notice of Appeal,. A paper copy of the 2nd supplemental electronic record is being transmitted to the Fifth Circuit Court of Appeals. (USCA No. 07-20426), filed.(kettac, ) Modified on 7/17/2007 (kettac, ).
July 13, 2007 2nd Supplemental Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #213 Notice of Appeal, filed.(kettac, )
July 9, 2007 Filing 216 Transmittal Letter on Appeal Certified re: #213 Notice of Appeal. A certified paper copy of the supplemental electronic record containing 1 volume is being transmitted to the Fifth Circuit Court of Appeals. (USCA No. 07-20426), filed.(mfritsche, )
June 15, 2007 Filing 215 Notice of Assignment of USCA No. 07-20426 re: #213 Notice of Appeal,, filed.(mmapps, ) Modified on 10/30/2007 (ltien, ).
June 5, 2007 Filing 214 Notice to the Circuit of an Appeal to US Court of Appeals for the Fifth Circuit. DKT13 transcript order form was not mailed to appellant. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: #213 Notice of Appeal, filed.(kettac, )
June 5, 2007 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #213 Notice of Appeal, filed.(kettac, )
May 31, 2007 Filing 213 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #212 Final Judgment, by all plaintiffs (Filing fee $ 455, receipt number 2725740), filed.(Smit, Steven)
May 23, 2007 Filing 212 FINAL JUDGMENT: Gene Marlin and Old National Bank must reimburse (1) Moody National Banks fees and costs of $403,126.85, and $56,413.88; and (2) Michael Hazelwoods fees and costs of $162,590.00 and $15,416.70. ( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
May 23, 2007 Filing 211 OPINION ON ATTORNEYS FEES.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
May 14, 2007 Filing 209 STATEMENT Michael B. Hazelwood's Statement of Fees and Expenses Incurred Since April 22, 2005 In Response to May 10, 2007 Order From the Court by Michael S Hazlewood, filed.(Hughes, Michael)
May 11, 2007 Filing 208 Report of Approximate Fees and Costs by Moody National Bank, N.A., filed.(Adams, Michael)
May 10, 2007 Filing 210 Fifth Circuit Court of Appeals LETTER advising Copies Received (USCA No. 06-20776), filed.(dpower, )
May 10, 2007 Opinion or Order Filing 207 ORDER: By 05/14/2007, Moody and Hazelwood must approximate their total fees and costs accumulated after 04/22/2005.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
April 9, 2007 Filing 206 Transmittal Letter on Appeal Certified re: #193 Notice of Appeal,. A paper copy of the certified electronic record containing 23 volumes is being transmitted to the Fifth Circuit Court of Appeals. (USCA No. 06-20776), filed.(jzielske, )
October 24, 2006 Filing 205 TRANSCRIPT of held on 10/19/2006 before Judge Hughes. Court Reporter: G Dye. Transcript is available for viewing in the office of the clerk , filed. (sbyrum, )
October 19, 2006 Filing 204 Minute Entry for HEARING held before Judge Lynn N. Hughes on 10/19/2006. Appearances:Joseph Fulcke, Michael Gerard Adams, Michael Burke Hughes, Andrew J Mytelka, Steven D Smit, Larry Richard Veselka, Christopher M Weil.(Court Reporter: G. Dye) Evidence taken. Motions taken under advisement.(dkelly, )
September 8, 2006 CLERK'S NOTE: ENTERED IN ERROR. ORDER of USCA for the Fifth Circuit dated September 6, 2006 (USCA No. 06-20651). The district court's preliminary injunction is VACATED. Appellees' motion to lift administrative stay is DENIED. Appellees' motion to vacate this court's order of August 2, 2006 is DENIED. Appellees' alternative motion for this court to deny appellants' emergency motion is DENIED., filed.(jdavenport, ) Modified on 9/8/2006 (jdavenport, ).
September 6, 2006 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #193 Notice of Appeal, , filed.(jdavenport, )
September 1, 2006 Opinion or Order Filing 203 Order: Hearing set for 10/19/2006 at 10:00 AM at Courtroom 11C before Judge Lynn N. Hughes. (Signed by Judge Lynn N. Hughes) Parties notified. (dkelly, )
August 31, 2006 Filing 202 RESPONSE to #200 Objections to Defendants' Fees and Costs, filed by Moody National Bank and Michael Hazlewood. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I)(Adams, Michael)
August 31, 2006 Filing 201 Certificate Concerning Transcript by all plaintiffs, filed.(Smit, Steven)
August 28, 2006 Filing 200 OBJECTIONS to #199 Reply, #197 Document Explanation of Fees and Costs, filed by all plaintiffs. (Smit, Steven)
August 28, 2006 APPEAL Filing fee re: #193 Notice of Appeal, : $455.00, receipt number 4-573519; PD BY GRAVES, DOUGHERTY, HEARTON & MOODY. , filed. (ejones, )
August 25, 2006 Filing 199 REPLY to #194 Order on Fees and Costs, filed by Michael S. Hazelwood. (Hughes, Michael)
August 25, 2006 Filing 198 PROPOSED ORDER re: #187 Memorandum & Opinion,, filed.(Adams, Michael)
August 25, 2006 Filing 197 Explanation of Costs and Fees by Moody National Bank, N.A., filed. (Attachments: #1 Exhibit A#2 Exhibit B)(Adams, Michael)
August 23, 2006 Filing 196 Amended Report of Costs by Moody National Bank, N.A., filed.(Adams, Michael)
August 23, 2006 Filing 195 Notice to the Circuit of an Appeal to US Court of Appeals for the Fifth Circuit; two copies of theDKT13 transcript order form were mailed to the appellant. Fee status: Not Paid. The following Notice of Appeal and related motions are pending in the District Court: #193 Notice of Appeal, filed.(sguevara, )
August 22, 2006 Opinion or Order Filing 194 ORDER: By August 25, 2006, Moody must explain its fees and costs in no more than five pages. It may separate the costs into categories, but should not include itemized statements.( Signed by Judge Lynn N. Hughes ) Parties notified.(dhansen)
August 22, 2006 Filing 193 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #190 Amended Final Judgment, #187 Opinion, #180 Order, #177 Order, and #175 Order by all plaintiffs (Filing fee $ 455), filed.(Smit, Steven) Linked to orders on 8/28/2006 (ltien, ).
August 22, 2006 Filing 192 Report of Costs by Michael S. Hazelwood, filed.(Hughes, Michael)
August 22, 2006 *** Re-noticed #187 OPINION ON SUMMARY JUDGMENT after attaching appendix. (dkelly, )
August 21, 2006 Filing 191 Report of Costs by Moody National Bank, N.A., filed.(Adams, Michael)
August 21, 2006 Filing 190 AMENDED FINAL JUDGMENT: M. Gene Marlin and Old National Bank take nothing.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
August 18, 2006 Filing 189 FINAL JUDGMENT: M. Gene Marlin and Old National Bank take nothing. Case terminated on 8/18/06.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
August 18, 2006 Opinion or Order Filing 188 ORDER: By 8/25/2006, Moody and Hazelwood must report their costs to the court.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
August 16, 2006 Filing 187 OPINION ON SUMMARY JUDGMENT: The defendants have moved for summary judgment and will prevail. Gene Marlin and Old National Bank will not recover from Moody National Bank or Hazelwood. Instead, they will pay them for the costs that they have have imposed - not as punishment but as simple equity. (Attachments: #1 Appendix) ( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, ) Appendix added on 8/22/2006 (dkelly, ).
July 28, 2006 Filing 186 RESPONSE to Order Dated July 26, 2006, filed by all plaintiffs. (Attachments: #1 Exhibit 1)(Smit, Steven)
July 26, 2006 Opinion or Order Filing 185 ORDER: By 7/28/2006, Old National must report how much of its loss it has recovered from the guarantor - Marlin. It must also explain why it is pursuing a claim for fraud against the defendants rather than collecting on the promise made by its customer.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
July 13, 2006 Filing 184 Letter from Attorney, Steven D. Smit re: Vacation from July 29, 2006 through August 13, 2006 , filed. (ledwards, )
July 13, 2006 Filing 183 Letter from Steven D. Smit re: requesting that no matters be scheduled during 7/29-8/13/06 vacation , filed. (cpeebles)
July 11, 2006 Filing 182 Letter from Steven Smit re: Vacation , filed. (jbradford, )
March 28, 2006 Filing 181 RESPONSE to #172 MOTION to Strike #159 Response in Opposition to Motion,, Evidence, filed by all plaintiffs. (Smit, Steven)
March 27, 2006 Opinion or Order Filing 180 ORDER: The court's explanation of its evidentiary rulings and sustaining Moody's objections to Marlin's summary judgment evidence re: #172 and #176 . ( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
March 27, 2006 Opinion or Order Filing 179 ORDER granting #176 MOTION for Leave to File Response to Moody National Bank's Motion to Strike Plaintiffs' Summary Judgment Evidence.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
March 20, 2006 Filing 178 RESPONSE to #170 MOTION to Strike Hewson Affidavit, filed by all plaintiffs. (Smit, Steven)
March 17, 2006 Filing 176 MOTION for Leave to File Response to Moody National Bank's Motion to Strike Plaintiffs' Summary Judgment Evidence, MOTION for Clarification as to #175 Order on Motion to Strike, by all plaintiffs, filed. Motion Docket Date 4/6/2006. (Smit, Steven)
March 15, 2006 Opinion or Order Filing 177 ORDER: Brendan Hewson is unqualified to be called "expert." Hewson's affidavit is struck re: #170 MOTION to Strike Hewson Affidavit.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
March 10, 2006 Opinion or Order Filing 175 ORDER granting #158 Motion to Strike and #172 Motion to Strike. The plaintiffs' hearsay and speculative summary-judgment evidence is struck.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
March 10, 2006 Filing 174 Reply in Support of #153 MOTION for Summary Judgment, filed by Moody National Bank, N.A. (Attachments: #1 Appendix Tab A #2 Appendix Tab B #3 Appendix Tab C #4 Appendix Tab D #5 Appendix Tab E)(dkelly, )
March 9, 2006 Opinion or Order Filing 173 ORDER granting #171 MOTION for Leave to File Reply Brief in support of motion for summary judgment. The clerk will accept Moody's reply.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
March 7, 2006 Filing 172 MOTION to Strike #159 Response in Opposition to Motion,, Evidence by Moody National Bank, N.A., filed. Motion Docket Date 3/27/2006. (Attachments: #1 Proposed Order)(Adams, Michael)
March 3, 2006 Filing 171 MOTION for Leave to File Reply Brief in support of motion for summary judgment by Moody National Bank, N.A., filed. Motion Docket Date 3/23/2006. (Attachments: #1 Proposed Order #2 Exhibit Exhibit A#3 Appendix Tab A#4 Appendix Tab B#5 Appendix Tab C#6 Appendix Tab D#7 Appendix Tab E)(Adams, Michael)
March 3, 2006 Filing 170 MOTION to Strike Hewson Affidavit by Michael S. Hazelwood, filed. Motion Docket Date 3/23/2006. (Attachments: #1 Proposed Order)(Hughes, Michael)
March 2, 2006 Filing 169 RESPONSE to Hazlewood's #158 Objections and Motion to Strike Plaintiffs' Summary Judgment Evidence, filed by all plaintiffs. (Smit, Steven) Modified on 3/10/2006 - linked to #158 (ltien, ).
February 27, 2006 Filing 168 ***STRUCK. See #177 *** AFFIDAVIT of Brendan Hewson in Support of Plaintiffs' Response to Michael Hazlewood's Motion for Summary Judgment, filed.(Smit, Steven) Modified on 3/20/2006 (dkelly, ).
February 24, 2006 Opinion or Order Filing 167 ORDER granting #165 Motion for Leave to File Hewson Affidavit.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
February 22, 2006 Opinion or Order Filing 166 ORDER granting #163 Motion for Leave to File Reply to Plaintiff's Response to Hazelwood's Motion for Summary Judgment.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
February 22, 2006 Filing 165 MOTION for Leave to File to file Hewson Affidavit in Support of Plaintiffs' Response to Hazlewood's Motion for Summary Judgment by all plaintiffs, filed. Motion Docket Date 3/14/2006. (Smit, Steven)
February 21, 2006 Filing 164 Reply to Response to #152 MOTION for Summary Judgment, filed by Michael S. Hazelwood. (Hughes, Michael)
February 21, 2006 Filing 163 MOTION for Leave to File His Reply to Plaintiffs Response to Motion for Summary Judgment Filed by Defendant Michael S. Hazlewood by Michael S. Hazelwood, filed. Motion Docket Date 3/13/2006. (Attachments: #1 Exhibit A)(Hughes, Michael)
February 10, 2006 Filing 162 SEALED EXHIBIT #23 by M. Gene Marlin, Old National Bank. Related document: #159 Response in Opposition to Motion,,, #160 Response in Opposition to Motion, filed. (4:06CI0033) (mewilliams, )
February 10, 2006 Filing 161 MOTION to Seal Exhibit 23 (4:06:CI0033) to Plaintiff's Response to Moody National Bank's Motion for Summary Judgment by Old National Bank, filed. Motion Docket Date 3/2/2006. (Attachments: #1 Proposed Order)(kmurphy, )
February 10, 2006 Filing 160 DUPLICATE OF ENTRY NUMBER 159 (as verified by KHarrison). RESPONSE in Opposition to #153 MOTION for Summary Judgment, filed by all plaintiffs. (Attachments: #1 Index of Exhibits#2 Exhibit 1 & 1A - 1L#3 Exhibit 2, 3, 4, 5, 6#4 Exhibit 7, 8, 9#5 Exhibit 10, 11#6 Exhibit 12, 13#7 Exhibit 14, 15, 16#8 Exhibit 17#9 Exhibit 18#10 Exhibit 19A - 19D#11 Exhibit 19E - 19G#12 Exhibit 20, 21#13 Exhibit 22, 23, 24#14 Exhibit 25, 26#15 Exhibit 27, 28, 29#16 Exhibit 30, 31, 32#17 Exhibit 33, 34#18 Exhibit 35, 36, 37#19 Proposed Order)(Smit, Steven) Modified on 2/13/2006 (mrios, ).
February 10, 2006 Filing 159 RESPONSE in Opposition to #153 MOTION for Summary Judgment, filed by all plaintiffs. (Attachments: #1 Index of Exhibits#2 Exhibit 1 & 1A - 1L#3 Exhibit 2, 3, 4, 5, 6#4 Exhibit 7, 8, 9#5 Exhibit 10, 11#6 Exhibit 12, 13#7 Exhibit 14, 15, 16#8 Exhibit 17#9 Exhibit 18#10 Exhibit 19A - 19D#11 Exhibit 19E - 19G#12 Exhibit 20, 21#13 Exhibit 22, 23, 24#14 Exhibit 25, 26#15 Exhibit 27, 28, 29#16 Exhibit 30, 31, 32#17 Exhibit 33, 34#18 Exhibit 35, 36, 37#19 Proposed Order)(Smit, Steven)
February 10, 2006 Filing 158 MOTION to Strike #155 Response in Opposition to Motion,, by Michael S. Hazelwood, filed. Motion Docket Date 3/2/2006. (Attachments: #1 Exhibit #2 Proposed Order)(Hughes, Michael)
February 8, 2006 Opinion or Order Filing 157 ORDER: Because Marlin and Old National have abandoned their claims against them, these defendants are dismissed with prejudice: James Edward Ogden; Bradford Reeder; Elizabeth Reeder; Michael A. Virnau; David Montgomery and Montgomery Sales, Ltd. ( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
January 31, 2006 Opinion or Order Filing 156 ORDER granting #154 Motion to Seal Exhibit 23.( Signed by Judge Lynn N. Hughes ) Parties notified.(dhansen)
January 23, 2006 Filing 155 RESPONSE in Opposition to #152 MOTION for Summary Judgment, filed by all plaintiffs. (Attachments: #1 Index of Exhibits#2 Exhibit 1 & 1A - 1L #3 Exhibits 2, 3, 4, 5, 6#4 Exhibits 7, 8, 9#5 Exhibits 10, 11#6 Exhibits 12, 13#7 Exhibits 14, 15, 16#8 Exhibit 17#9 Exhibit 18#10 Exhibit 19A - 19D#11Exhibit 19E - 19G#12 Exhibits 20, 21#13 Exhibits 22, 23, 24#14 Exhibits 25, 26#15 Exhibits 27, 28, 29#16 Exhibits 30, 31, 32#17 Exhibits 33, 34#18 Exhibit 35#19 Proposed Order)(Smit, Steven)
January 23, 2006 Filing 154 UNOPPOSED MOTION to Seal Exhibit by all plaintiffs, filed. Motion Docket Date 2/13/2006. (Attachments: #1 Proposed Order) Exhibit 23 - Bar Code: 4:05CI3864. (jbradford, ) Text Modified on 1/23/2006 (ghassan, ).
January 17, 2006 Filing 153 MOTION for Summary Judgment by Moody National Bank, N.A., filed. Motion Docket Date 2/6/2006. (Attachments: #1 Exhibit A 1 of 2#2 Exhibit A 2 of 2#3 Exhibit B#4 Exhibit C#5 Exhibit D 1 of 2#6 Exhibit D 2 of 2#7 Exhibit E & F#8 Exhibit G & H#9 Exhibit I, J & K#10 Exhibit L & M#11 Exhibit N#12 Exhibit O#13 Exhibit P & Q#14 Exhibit R & S#15 Exhibit T & U#16 Exhibit V)(Adams, Michael)
January 3, 2006 Filing 152 MOTION for Summary Judgment by Michael S. Hazelwood, filed. Motion Docket Date 1/23/2006. (Attachments: #1 Appendix #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Exhibit)(Hughes, Michael)
December 30, 2005 Filing 151 Third AMENDED ANSWER to by Michael S. Hazelwood, filed. (Hughes, Michael)
December 29, 2005 Filing 150 ANSWER to Amended Complaint by Moody National Bank, N.A., filed.(Adams, Michael)
December 12, 2005 Filing 149 Second AMENDED Complaint against Moody National Bank, N.A., Michael S. Hazelwood filed by all plaintiffs.(Smit, Steven)
December 6, 2005 Opinion or Order Filing 148 ORDER: By 12/07/2005, Moody must give Marlin the eight requested pages from the procedure manual. Marlin may share the documents with co-counsel and the consultant re: #146 MOTION to Compel Production of Documents.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
December 1, 2005 Filing 146 MOTION to Compel Production of Documents by all plaintiffs, filed. Motion Docket Date 12/21/2005. (Smit, Steven)
November 30, 2005 Opinion or Order Filing 147 ORDER granting #145 Agreed MOTION for Extension of Time for Montgomery Deposition. The parties may take the deposition of David Montgomery in Dallas, Texas, before December 21, 2005.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
November 29, 2005 Filing 145 Agreed MOTION for Extension of Time for Montgomery Deposition by Montgomery Sales, Ltd., David Montgomery, filed. Motion Docket Date 12/19/2005. (Petrocchi, Anthony)
November 17, 2005 Opinion or Order Filing 144 ORDER: By 12/11/2005, Marlin must depose David Montgomery and Michael Virnau.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
November 14, 2005 Filing 143 STATUS REPORT by all plaintiffs, filed.(Smit, Steven)
October 18, 2005 Filing 142 NOTICE of Appearance by Michael E. Richardson on behalf of Moody National Bank, N.A., filed. (Beck, David)
October 18, 2005 Filing 141 NOTICE of Appearance by David J. Beck on behalf of Moody National Bank, N.A., filed. (Beck, David)
October 12, 2005 Opinion or Order Filing 140 ORDER: By 11/14/2005, the plaintiffs must report on the status of their case against the Redders, Virnau, and Montgomery. Moody must furnish documents to the designated plaintiffs; attorney. By 12/12/2005, the plaintiffs must file an amended complaint. By 1/18/2006, Moody must move for summary judgment. By 2/10/2006, the plaintiffs must respond.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
October 12, 2005 Opinion or Order Filing 139 CONFERENCE MEMORANDUM: Apps: Amie Berg, D. Verkan, Michael Richardson, Joseph Fulcher, Michael Gerard Adams, Gordon E Davenport, Jr, John M Harmon, Michael Burke Hughes, Larry Richard Veselka, Christopher M Weil. Ct Reporter: S. Carlisle. Order to be entered. Review deadline set: 2/13/2006.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
September 21, 2005 Opinion or Order Filing 138 ORDER OF DISMISSAL granting #137 Agreed MOTION to Dismiss Claims Against William Padon, III, without prejudice. William Padon, III terminated.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly, )
September 20, 2005 Filing 137 Agreed MOTION to Dismiss Claims Against William Padon, III by all plaintiffs, filed. Motion Docket Date 10/11/2005. (Smit, Steven)
September 20, 2005 Opinion or Order Filing 136 Order Resetting Conference. Pretrial Conference reset for 10/12/2005 at 04:30 PM in Room 11122 before Judge Lynn N. Hughes. Parties notified. (dkelly, )
September 13, 2005 Filing 135 RESPONSE to #133 MOTION for Discovery, filed by Moody National Bank, N.A.. (Adams, Michael)
September 2, 2005 Opinion or Order Filing 134 Order: Pretrial Conference set for 9/22/2005 at 03:00 PM in Room 11122 before Judge Lynn N. Hughes. Parties notified. (dkelly, )
August 25, 2005 Filing 133 MOTION for Discovery by all plaintiffs, filed. Motion Docket Date 9/14/2005. (Smit, Steven)
August 24, 2005 Filing 132 STATUS REPORT by all parties, filed.(Smit, Steven)
July 22, 2005 Filing 131 NOTICE to Take Deposition of Christopher D Ogden by Moody National Bank, N.A., Michael S. Hazelwood, filed. (kmurphy, )
July 18, 2005 Filing 130 Mail Returned Undeliverable as to Anthony A Petrocchi as to Montgomery Sales, Ltd. re: #129 Conference Memorandum, , filed. (RTS; Party not at this address)(sguevara, )
July 6, 2005 Filing 129 CONFERENCE MEMORANDUM: Pretrial conference held Apps: Fulcher, Cowen, Allen. Michael Gerard Adams, Gordon E Davenport, Jr, John M Harmon, Michael Burke Hughes, A Lee McLain, Steven D Smit, Larry Richard Veselka, Christopher M Weil. Ct Reporter: F. Warner. By August 24, 2005, the plaintiffs must file a joint status report.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly)
June 17, 2005 Opinion or Order Filing 128 ORDER granting #127 Agreed Motion to Dismiss. The claims against A&L Sandblasting and Painting, Inc, ALS Associates, Inc, and Carl Alan Swindoll are dismissed without prejudice.( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly)
June 16, 2005 Filing 127 Agreed MOTION to Dismiss by all plaintiffs, filed. Motion Docket Date 7/6/2005. (Smit, Steven)
June 14, 2005 Opinion or Order Filing 126 PARTIAL ORDER OF DISMISSAL granting #125 Agreed MOTION to Dismiss.The claims against Lissa Johnson, Gary Johnson and Cabo Construction, Inc are dismissed without prejudice. ( Signed by Judge Lynn N. Hughes ) Parties notified.(dkelly)
June 8, 2005 Filing 125 Agreed MOTION to Dismiss by all plaintiffs, filed. Motion Docket Date 6/28/2005. (Smit, Steven)
June 8, 2005 Filing 124 NOTICE OF DISMISSAL WITHOUT PREJUDICE as to Claims Against Defendant James Edward Ogden d/b/a Continental Foundation Restoration by all plaintiffs, filed. (Smit, Steven)
May 13, 2005 Opinion or Order Filing 123 Order, Pretrial Conference set for 6/20/2005 at 04:00 PM in Room 11122 before Judge Lynn N. Hughes Parties notified. (dhansen)
April 26, 2005 Opinion or Order Filing 122 ORDER granting Pltfs #121 Motion for G Thomas Blankenship to Appear Pro Hac Vice.( Signed by Judge Lynn N. Hughes ) Parties notified.(psmith, )
April 22, 2005 Filing 121 MOTION for G. Thomas Blankenship to Appear Pro Hac Vice by all plaintiffs, filed. Motion Docket Date 5/12/2005. (Smit, Steven)
April 15, 2005 Filing 120 AMENDED ANSWER to #12 Amended Complaint/Counterclaim/Crossclaim etc. by Moody National Bank, N.A., filed. (Adams, Michael)
April 14, 2005 Opinion or Order Filing 119 ORDER granting #114 Motion to Dismiss claims against Gary Hanning d/b/a Gary Hanning Equipment without prejudice.( Signed by Judge Lynn N. Hughes ) Parties notified.(sfedele, )
April 14, 2005 Opinion or Order Filing 118 ORDER granting #113 Motion to Dismiss DBR Enterprises and David Ridgeway without prejudice.( Signed by Judge Lynn N. Hughes ) Parties notified.(sfedele, )
April 14, 2005 Opinion or Order Filing 117 ORDER granting #112 Motion to Dismiss claims against Jackie Aldridge and Blake D Aldridge without prejudice.( Signed by Judge Lynn N. Hughes ) Parties notified.(sfedele, )
April 14, 2005 Opinion or Order Filing 116 ORDER granting #111 Motion to Appear Pro Hac Vice for David P Lein to appear for M Gene Martin and Old National Bank.( Signed by Judge Lynn N. Hughes ) Parties notified.(sfedele, )
April 12, 2005 Opinion or Order Filing 115 ORDER to Clarify granting #110 MOTION for Clarification as to #70 Response to Discovery.( Signed by Judge Lynn N. Hughes ) Parties notified.(djustice, )
April 12, 2005 Filing 114 Agreed MOTION to Dismiss by all plaintiffs, filed. Motion Docket Date 5/2/2005. (Smit, Steven)
April 12, 2005 Filing 113 Agreed MOTION to Dismiss by all plaintiffs, filed. Motion Docket Date 5/2/2005. (Smit, Steven)
April 12, 2005 Filing 112 Agreed MOTION to Dismiss by all plaintiffs, filed. Motion Docket Date 5/2/2005. (Smit, Steven)
April 12, 2005 Filing 111 MOTION for David P. Lein to Appear Pro Hac Vice by all plaintiffs, filed. Motion Docket Date 5/2/2005. (Smit, Steven)
April 8, 2005 Filing 110 MOTION for Clarification of Discovery Orders by Michael S. Hazelwood, filed. Motion Docket Date 4/28/2005. (rroberts, ) Additional attachment(s) added on 4/12/2005 (psmith, ).
April 8, 2005 Filing 109 TRANSCRIPT of hearing held on 3/30/05 before Judge Lynn N. Hughes. Court Reporter: Johnny Sanchez , filed. (cpeebles) Additional attachment(s) added on 9/6/2006 (tthompson, ).
April 5, 2005 Filing 108 SUPPLEMENT to #12 Amended Complaint/Counterclaim/Crossclaim etc. by all plaintiffs, filed.(Smit, Steven)
April 1, 2005 Opinion or Order Filing 107 ORDER: Virnau and Moody Bank's motions to dismiss are denied without prejudice [16, 36, 72].( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock)
March 30, 2005 Filing 106 Minute Entry: Conference held 3-30-05.Appearances:J. Fulcher, D. Cowen, A. Berg, M. Richardson, Michael Gerard Adams, John M Harmon, Michael Burke Hughes, A Lee McLain, Steven D Smit, Roy Braden Stanton, Larry Richard Veselka.(Court Reporter: J. Sanchez)Order to be entered. Leave is granted #101 .(jhancock)
March 30, 2005 Filing 104 PROPOSED ORDER Dismissing Claims Against Ted Ricketson and X-Act Construction, filed.(psmith, )
March 28, 2005 Filing 105 REQUEST by counsel for Jackie Ray Aldridge and Blake D. Aldridge that they be allowed to appear by telephone at the pre-trial conference set for March 30, 2005 at 10 am, filed.(psmith, )
March 28, 2005 Filing 101 MOTION to Supplement Amended Complaint as to #12 Amended Complaint/Counterclaim/Crossclaim etc. by all plaintiffs, filed. Motion Docket Date 4/18/2005. (Smit, Steven)
March 25, 2005 Opinion or Order Filing 102 ORDER granting #99 Agreed Motion to Dismiss Claims against Ted Ricketson and X-Act Construction without prejudice.( Signed by Judge Lynn N. Hughes ) Parties notified.(djustice)
March 24, 2005 Filing 99 Agreed MOTION to Dismiss by all plaintiffs, filed. Motion Docket Date 4/13/2005. (Smit, Steven)
March 23, 2005 Filing 103 Email/Letter from T. Richardson for George W. Healy re: request to appear by phone at 3/30/05 conference, filed. (dkelly, ) Modified on 3/29/2005 (dkelly, ).
March 23, 2005 Opinion or Order Filing 100 ORDER granting Defts #96 Motion Allowing Timothy Thriffiley to appear as Co-Counsel for Defts David Ridgeway and DBR Enterprises.( Signed by Judge Lynn N. Hughes ) Parties notified.(psmith, )
March 23, 2005 Opinion or Order Filing 98 Order: Resetting Conference. Pretrial Conference is reset for 3/30/2005 at 10:00 AM before Judge Lynn N. Hughes. Parties notified. (jhancock)
March 21, 2005 Filing 97 LETTER by George Pivach notifying the case manager that he will be attending the pretrial conference set for March 30, 2005 via telephone, by DBR Enterprises, Inc, filed. (psmith, )
March 21, 2005 Filing 96 MOTION to Enroll as Co-Counsel for Defts Timothy Thriffiley, by DBR Enterprises, Inc., David B. Ridgeway, filed. Motion Docket Date 4/11/2005. (Attachments: #1 Proposed Order)(psmith, )
March 16, 2005 Filing 95 TRANSCRIPT of Hearing held on 2/23/05 before Judge Lynn N Hughes. Court Reporter: J. Simon, filed. (espencer, ) Additional attachment(s) added on 9/6/2006 (tthompson, ).
March 3, 2005 Opinion or Order Filing 94 ORDER granting #92 Motion to Substitute Attorney .( Signed by Judge Lynn N. Hughes ) Parties notified.(dhansen, )
March 3, 2005 Filing 93 Letter from Ed Huddleston re: Vacation schedule , filed. (sfedele, )
February 25, 2005 Opinion or Order Filing 91 ORDER by March 11, 2005, Dft must furnish pltfs w/ account cards of Odgen and Bogges. Dft must provide secondary information that demonstrates relationship between these customers and Nixon, Delta Mike, Delta Crane. L&D or Marlin..( Signed by Judge Lynn N. Hughes ) Parties notified.(dhansen, )
February 25, 2005 Opinion or Order Filing 89 FINAL ORDER OF DISMISSAL as to Jackson Crane Service; Amanda Bogges and Brad Jackson terminated.( Signed by Judge Lynn N. Hughes ) Parties notified.(dhansen, )
February 24, 2005 Filing 92 MOTION to Substitute Attorney A. Lee McLain in place of W. Michael Leebron by William Padon, III, filed. Motion Docket Date 3/16/2005. (Attachments: #1 Proposed Order)(dkelly, )
February 23, 2005 Filing 90 CONFERENCE MEMORANDUM: Pretrial conference held John M Harmon, Andrew J Mytelka, Steven D Smit, Larry Richard Veselka, LOngoria. Ct Reporter: June Simon. Pretrial Conference set for 3/30/2005 at 04:30 PM before Judge Lynn N. Hughes.( Signed by Judge Lynn N. Hughes ) Parties notified.(dhansen, )
February 23, 2005 Opinion or Order Filing 87 ORDER granting #86 Motion to Substitute Attorney .( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, )
February 22, 2005 Filing 88 Letter from Steven D. Smit re: vacation schedule, filed. (dkelly, )
February 22, 2005 Filing 85 NOTICE of Dismissal of Defendants Brad Jackson and Jackson Crane Service by all plaintiffs, filed. (Smit, Steven)
February 22, 2005 Filing 84 NOTICE of Dismissal of Defendant Amanda Bogges by all plaintiffs, filed. (Smit, Steven)
February 18, 2005 Filing 86 MOTION to Substitute Attorney R. B. Stanton in place of Carla Cotropia and Charles P. Dunkel, Jr. by Carl Alan Swindoll, A&L Sandblasting And Painting, Inc., and ALS Associates, Inc., filed. Motion Docket Date 3/10/2005. (Attachments: #1 Proposed Order)(dkelly, )
February 18, 2005 Opinion or Order Filing 83 ORDER granting #79 Motion to Withdraw as Attorney .( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, )
February 17, 2005 Filing 82 RESPONSE to #79 MOTION for Carla Cotropia to Withdraw as Attorney filed by all plaintiffs. (Smit, Steven)
February 16, 2005 Opinion or Order Filing 81 Order: Resetting Conference. Pretrial Conference is reset for 2/23/2005 at 03:30 PM before Judge Lynn N. Hughes. Parties notified. (jhancock)
February 15, 2005 Filing 80 Reply to Response to #36 MOTION to Dismiss filed by Moody National Bank, N.A.. (Adams, Michael)
February 11, 2005 Filing 79 MOTION for Carla Cotropia to Withdraw as Attorney by Carl Alan Swindoll, A&L Sandblasting And Painting, Inc., ALS Associates, Inc., filed. Motion Docket Date 3/3/2005. (Attachments: #1 Proposed Order)(sjones, )
February 11, 2005 Filing 78 email to case manager from Pivach, Pivach, Hufft & Thriffley, LLC, Mr. Pivach will be attending the pretrial conference fof 2/22/2005 by phone., filed.(fwilliams)
February 11, 2005 Filing 77 JOINT DISCOVERY/CASE MANAGEMENT PLAN by all plaintiffs, filed.(Smit, Steven)
February 10, 2005 Filing 76 RESPONSE to #72 MOTION to Dismiss filed by all plaintiffs. (Smit, Steven)
January 27, 2005 Filing 75 CERTIFICATE Of Written Discovery, by Ted Ricketson, filed.(psmith, )
January 27, 2005 Filing 74 MOTION and Special Appearance of Deft Gary Hanning, Requesting Continuance of Deadline to File Rule 26 Disclosure until Court Determines Discovery Scope and Limitations, by Gary Hanning, filed. Motion Docket Date 2/16/2005. (psmith, )
January 26, 2005 Filing 73 RESPONSE to #36 MOTION to Dismiss filed by all plaintiffs. (Smit, Steven)
January 21, 2005 Filing 72 MOTION to Dismiss the Amended Complaint by Michael A. Virnau, filed. Motion Docket Date 2/10/2005. (Attachments: #1 Proposed Order)(gfrancis, )
January 21, 2005 Filing 71 ANSWER to Amended Complaint by William Padon, III, filed.(mbergara, )
January 20, 2005 Filing 70 RESPONSE to Discovery Request by Cabo Construction, Inc., Lissa Johnson, Gary Johnson, filed.(mbergara, )
January 19, 2005 Filing 69 Mail Returned Undeliverable as to Edward Huddleston re: #27 Order on Motion for Extension of Time , filed. (mbergara, )
January 18, 2005 Filing 68 RETURN of Service Executed as to DBR Enterprises, Inc. on 11/30/04 , filed.(sguevara, )
January 18, 2005 Filing 67 RETURN of Service Executed as to Montgomery Sales, Ltd. on 11/30/04 , filed.(sguevara, )
January 18, 2005 Filing 66 RETURN of Service Executed as to David Montgomery on 11/30/04 , filed.(sguevara, )
January 18, 2005 Filing 65 RETURN of Service Executed as to Michael A. Virnau on 11/30/04 , filed.(sguevara, )
January 18, 2005 Filing 64 RETURN of Service Executed as to Blake D. Aldridge, Inc. on 11/24/04 , filed.(sguevara, )
January 18, 2005 Filing 63 RETURN of Service Executed as to Jackie Ray Aldridge on 11/24/04 , filed.(sguevara, )
January 18, 2005 Filing 62 RETURN of Service Executed as to Cabo Construction, Inc. on 11/22/04 , filed.(sguevara, )
January 18, 2005 Filing 61 RETURN of Service Executed as to Lissa Johnson on 11/22/04 , filed.(sguevara, )
January 18, 2005 Filing 60 RETURN of Service Executed as to Gary Johnson on 11/22/04 , filed.(sguevara, )
January 18, 2005 Filing 59 RETURN of Service Executed as to Bradford Reeder on 11/22/04 , filed.(sguevara, )
January 18, 2005 Filing 58 RETURN of Service Executed as to Elizabeth Reeder on 11/22/04 , filed.(sguevara, )
January 18, 2005 Filing 57 RETURN of Service Executed as to Michael S. Hazelwood on 11/22/04 , filed.(sguevara, )
January 18, 2005 Filing 56 RETURN of Service Executed as to Moody National Bank, N.A. on 11/22/04 , filed.(sguevara, )
January 18, 2005 Filing 55 RETURN of Service Executed as to X-Act Construction Services, LLC on 11/23/04 , filed.(sguevara, )
January 18, 2005 Filing 54 RETURN of Service Executed as to Ted Ricketson on 11/23/04 , filed.(sguevara, )
January 18, 2005 Filing 53 RETURN of Service Executed as to Carl Alan Swindoll on 11/23/04 , filed.(sguevara, )
January 18, 2005 Filing 52 RETURN of Service Executed as to A&L Sandblasting And Painting, Inc. on 11/23/04 , filed.(sguevara, )
January 18, 2005 Filing 51 RETURN of Service Executed as to ALS Associates, Inc. on 11/23/04 , filed.(sguevara, )
January 18, 2005 Filing 50 RETURN of Service Executed as to Gary Hanning on 11/29/04 , filed.(sguevara, )
January 18, 2005 Filing 49 RETURN of Service Executed as to William Padon, III on 1/5/05 , filed.(sguevara, )
January 18, 2005 Filing 48 RETURN of Service Executed as to James Edward Ogden on 1/8/05 , filed.(sguevara, )
January 18, 2005 Filing 47 RETURN of Service Executed as to David B. Ridgeway on 11/30/04 , filed.(sguevara, )
January 18, 2005 Filing 46 RETURN of Service Executed as to James Edward Ogden on 11/24/04 re: #12 Amended Complaint, filed.(sguevara, )
January 17, 2005 Filing 44 RESPONSE to #33 MOTION for Entry of Order filed by all plaintiffs. (Smit, Steven)
January 14, 2005 Filing 45 NOTICE OF WITHDRAWAL OF: #4 MOTION to Dismiss by Bradford Reeder, Elizabeth Reeder, filed. (sguevara, )
January 13, 2005 Filing 43 NOTICE of Re-Designation of Attorney-In-Charge by all plaintiffs, filed. (Smit, Steven)
January 12, 2005 Filing 42 INITIAL DISCLOSURES by DBR Enterprises, Inc., David B. Ridgeway, filed.(kmurphy, )
January 10, 2005 Filing 41 ANSWER to Complaint with Jury Demand, ANSWER to Amended Complaint with Jury Demand by X-Act Construction Services, LLC, Ted Ricketson, filed.(kmurphy, )
January 10, 2005 Opinion or Order Filing 40 ORDER by 1/21/05, Plaintiffs must respond to Hanning's motion and special appearance .( Signed by Judge Lynn N. Hughes ) Parties notified.(fwilliams)
January 10, 2005 Filing 39 First Original ANSWER to Pltfs First Amended Complaint, by Michael S. Hazelwood, filed.(psmith, )
January 10, 2005 Filing 38 INITIAL DISCLOSURES by Bradford Reeder, Elizabeth Reeder, filed.(mbergara, )
January 10, 2005 Filing 37 RESPONSE to #16 MOTION to Dismiss filed by all plaintiffs. (Smit, Steven)
January 7, 2005 Filing 35 ANSWER to complaint and Amended Complaint with jury demand by DBR Enterprises, Inc., David B. Ridgeway, filed.(sfedele, )
January 7, 2005 Filing 34 MEMORANDUM in support of motion and special appearance by Gary Hanning, filed.(sfedele, )
January 7, 2005 Filing 33 MOTION and special appearance for Entry of Order for exception and objection to personal jurisdiction pursuant to Rule 12(b)(2) and 12(b)(5) by Gary Hanning, filed. Motion Docket Date 1/27/2005. (sfedele, )
January 7, 2005 Summons Issued as to James Edward Ogden , filed.(hlerma, )
January 6, 2005 Filing 36 MOTION to Dismiss For Failure to State A Claim by Moody National Bank, N.A., filed. Motion Docket Date 1/26/2005. (Attachments: #1 Proposed Order)(mbergara, )
January 6, 2005 Filing 32 ANSWER to Amended Complaint with Jury Demand by Montgomery Sales, Ltd., David Montgomery, filed.(Petrocchi, Anthony)
January 6, 2005 Filing 31 MEMORANDUM of Agreement for Enlargement of Time for Defts to Repond to Complaint by Montgomery Sales, Ltd., David Montgomery, filed.(mgore, )
January 6, 2005 Filing 30 ANSWER to Amended Complaint with Jury Demand by Jackie Ray Aldridge, Blake D. Aldridge, Inc., filed.(mgore, )
January 5, 2005 Opinion or Order Filing 27 ORDER: By January 6, 2005, Ridgeway, DBR Enterprises, Montgomery Sales, Ltd, and David Montgomery must file their answers #19 #21 ( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock)
January 4, 2005 Filing 29 INITIAL DISCLOSURES by Michael A. Virnau, filed.(mgore, )
January 4, 2005 Filing 25 ANSWER to Amended Complaint with Jury Demand by Carl Alan Swindoll, A&L Sandblasting And Painting, Inc., ALS Associates, Inc., filed.(Vie, George)
January 3, 2005 Filing 28 Mail Returned Undeliverable as to Edward Huddleston Instrument 17 , filed. (sfedele, )
January 3, 2005 Filing 26 Mail Returned Undeliverable as to Edward Huddleston re: #18 Order , filed. (amaly, )
December 30, 2004 Filing 24 INITIAL DISCLOSURES by Jackie Ray Aldridge, Blake D. Aldridge, Inc., filed.(mbergara, )
December 29, 2004 Filing 23 Mail Returned Undeliverable re: #13 Order on Motion for Extension of Time , filed. (sjones, )
December 29, 2004 Filing 22 Mail Returned Undeliverable as to Edward Huddleston re: #14 Order on Motion for Extension of Time , filed. (mbergara, )
December 28, 2004 Filing 21 UNOPPOSED MOTION for Extension of Time to file responsive pleadings by DBR Enterprises, Inc., David B. Ridgeway, filed. Motion Docket Date 1/18/2005. (Attachments: #1 Proposed Order)(sjones, )
December 28, 2004 Filing 20 RESPONSE to #4 MOTION to Dismiss filed by all plaintiffs. (Smit, Steven)
December 23, 2004 Opinion or Order Filing 18 ORDER Resetting Conference, The pretrial conference is reset tp 2/22/05 @9:30am .( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, )
December 22, 2004 Filing 19 MEMORANDUM of Agreement for Enlargement of Time for Defendants to Answer Complaint re: #12 Amended Complaint by M. Gene Marlin, filed.(jrichards, )
December 22, 2004 Opinion or Order Filing 17 ORDER granting #15 Motion to Appear Pro Hac Vice .( Signed by Judge Lynn N. Hughes ) Parties notified.(fwilliams)
December 20, 2004 Filing 16 MOTION to Dismiss for failure to state a claim by Michael A. Virnau, filed. Motion Docket Date 1/10/2005. (Attachments: #1 Proposed Order)(kmurphy, )
December 20, 2004 Filing 15 MOTION for George W Healy IV to Appear Pro Hac Vice by Gary Hanning, filed. Motion Docket Date 1/10/2005. (kmurphy, )
December 17, 2004 Opinion or Order Filing 14 ORDER granting #9 Motion for Extension of Time. Moody Nat'l Bank and Hazelwood have until 1/6/05 to file their answers .( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, )
December 17, 2004 Opinion or Order Filing 13 ORDER granting #10 Motion for Extension of Time. Ted Ricketson, and X-ACT Construction Services LLC have until 1/6/2005 to file their answers .( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, )
December 17, 2004 Filing 12 AMENDED Complaint against all defendants filed by all plaintiffs. Related document: #1 Complaint filed by Old National Bank,, M. Gene Marlin,.(Smit, Steven)
December 14, 2004 Filing 8 ANSWER to Complaint by Jackie Ray Aldridge, Blake D. Aldridge, Inc., filed.(sguevara, )
December 13, 2004 Filing 11 ANSWER to Complaint by Cabo Construction, Inc., Lissa Johnson, Gary Johnson, filed.(sguevara, )
December 13, 2004 Filing 9 AGREED MOTION TO ENLARGE TIME FOR FILING ANSWER OR OTHER RESPONSIVE PLEADINGS by Moody National Bank, N.A., Michael S. Hazlewood, filed. Motion Docket Date 1/3/2005. (Attachments: #1 Proposed Order)(sguevara, )
December 10, 2004 Filing 10 AGREED MOTION for Extension of Time TO ANSWER PLTFS' COMPLAINT by X-Act Construction Services, LLC, Ted Ricketson, filed. Motion Docket Date 12/30/2004. (Attachments: #1 Proposed Order)(sguevara, ) Modified on 12/15/2004 (sguevara, ).
December 10, 2004 Filing 7 ORIGINAL ANSWER subject to Mtn to Dismiss by Bradford Reeder, Elizabeth Reeder, filed.(sjones, )
December 10, 2004 Opinion or Order Filing 6 ORDER granting #3 Motion for Extension of Time. A&L Sandblasting and Painting Inc and ALS Associates Inc will have until 12/22/04 to file answers .( Signed by Judge Lynn N. Hughes ) Parties notified.(sjones, )
December 10, 2004 Opinion or Order Filing 5 ORDER; Marlin to Amend his Complaint by 12/17/2004.( Signed by Judge Lynn N. Hughes ) Parties notified.(sguevara, )
December 9, 2004 Filing 4 MOTION to Dismiss by Bradford Reeder, Elizabeth Reeder, filed. Motion Docket Date 12/29/2004. (Attachments: #1 Ex. C cont/D,E,F#2 Proposed Order)(sjones, )
December 3, 2004 Filing 3 AGREED MOTION TO EXTEND ORIGINAL ANSWER DEADLINE by A&L Sandblasting And Painting, Inc., M. Gene Marlin, Old National Bank, ALS Associates, Inc., filed. Motion Docket Date 12/23/2004. (Attachments: #1 Proposed Order)(sguevara, )
November 23, 2004 Filing fee re: #1 Complaint: $ 150.00, receipt number 550521 , filed. (agould, )
November 22, 2004 Opinion or Order Filing 2 ORDER for conference; 2/14/05 at 10:30 AM .( Signed by order of court ) Parties notified.(sfedele, )
November 22, 2004 25 Summons Issued as to Cabo Construction, Inc., Lissa Johnson, John G. "Gary&q Johnson, Jackson Crane Service, Brad Jackson, DBR Enterprises, Inc., David B. Ridgeway, X-Act Construction Services, LLC, Ted Ricketson, Gary Hanning, Amanda Bogges, Bradford Reeder, Elizabeth Reeder, William Padon, III, Carl Alan Swindoll, A&L Sandblasting And Painting, Inc., Jackie Ray Aldridge, Blake D. Aldridge, Inc., John Does 1-20, Moody National Bank, N.A., Michael S. Hazlewood, Michael A. Virnau, James Edward Ogden , filed.(lfilmore, )
November 19, 2004 Filing 1 COMPLAINT against all defendants (Filing fee $ 150) filed by all plaintiffs.(Smit, Steven) Additional attachment(s) added on 12/3/2004 (rwestmoreland, ).

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Search for this case: Marlin et al v. Moody National Bank, N.A. et al
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Plaintiff: M. Gene Marlin
Represented By: G Thomas Blankenship
Represented By: Steven D Smit
Represented By: John M Harmon
Represented By: Larry Richard Veselka
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Plaintiff: Old National Bank
Represented By: G Thomas Blankenship
Represented By: Edward J Patterson, III
Represented By: Steven D Smit
Represented By: John M Harmon
Represented By: Larry Richard Veselka
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Defendant: Moody National Bank, N.A.
Represented By: David J Beck
Represented By: Michael Gerard Adams
Represented By: Michael E Richardson, II
Represented By: Andrew J Mytelka
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Defendant: Michael S Hazlewood
Represented By: Michael Burke Hughes
Represented By: Andrew J Mytelka
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Defendant: Michael A. Virnau doing business as Rhino Machinery & Equipment Rental
Represented By: Douglas D. D'Arche
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Defendant: James Edward Ogden doing business as Continental Foundation Restoration
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Defendant: Cabo Construction, Inc.
Represented By: Rokki Ford Roberts
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Defendant: Lissa Johnson
Represented By: Rokki Ford Roberts
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Defendant: Gary Johnson
Represented By: Rokki Ford Roberts
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Defendant: Jackson Crane Service
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Defendant: Brad Jackson
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Defendant: DBR Enterprises, Inc.
Represented By: George Pivach, II
Represented By: Timothy Thriffiley
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Defendant: David B. Ridgeway
Represented By: George Pivach, II
Represented By: Timothy Thriffiley
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Defendant: X-Act Construction Services, LLC
Represented By: Wade B Reese
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Defendant: Ted Ricketson
Represented By: Wade B Reese
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Defendant: Gary Hanning
Represented By: George W Healy, IV
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Defendant: Amanda Bogges
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Defendant: Bradford Reeder
Represented By: Gordon E. Davenport, Jr
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Defendant: Elizabeth Reeder
Represented By: Gordon E. Davenport, Jr
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Defendant: William Padon, III
Represented By: A Lee McLain
Represented By: W Michael Leebron, II
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Defendant: Carl Alan Swindoll
Represented By: Carla Jean Cotropia
Represented By: Roy Braden Stanton
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Defendant: A&L Sandblasting And Painting, Inc.
Represented By: Carla Jean Cotropia
Represented By: Roy Braden Stanton
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Defendant: Jackie Ray Aldridge
Represented By: Edgar Huddleston
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Defendant: Blake D. Aldridge, Inc.
Represented By: Edgar Huddleston
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Defendant: John Does 1-20
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Defendant: ALS Associates, Inc.
Represented By: Carla Jean Cotropia
Represented By: Roy Braden Stanton
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Defendant: Montgomery Sales, Ltd.
Represented By: Anthony A Petrocchi
Represented By: Christopher M Weil
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Defendant: David Montgomery
Represented By: Anthony A Petrocchi
Represented By: Christopher M Weil
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