Merkle v Gragg, et al
Plaintiff: Carl N. Merkle, Carl Nathan Merkle and Carl Nathaniel Merkle
Defendant: Langley and Banack, Incorporated, Bradley M. Gordon, Kevin F. Shea, Denis B Stratford, Capital Crossing Servicing Company, LLC, Natalie Friend Wilson, Reese Gordon Marketos, LLP, William C. Garlington, David S. Gragg and Joel W. Reese
Case Number: 5:2019cv00640
Filed: June 10, 2019
Court: US District Court for the Western District of Texas
Presiding Judge: Xavier Rodriguez
Nature of Suit: Other Fraud
Cause of Action: 11:101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2019 Filing 16 Response in Opposition to Motion, filed by Carl Nathaniel Merkle, re #13 MOTION to Dismiss With Prejudice All Claims And Causes Of Action Pursuant to Fed. R. Civ. P. 12(b)(6), or in The Alternative, To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(1) filed by Defendant Kevin F. Shea, Defendant Capital Crossing Servicing Company, LLC, Defendant William C. Garlington, Defendant Denis B Stratford (Attachments: #1 Exhibit Ex 01 - Attachment 2 - Final Signed Escrow Statement - Unlawful debt collection, #2 Exhibit Ex 02 - Stolen Hazard Insurance Check 20150618 $104,767_38, #3 Exhibit Ex 03 - Attachment 4 - Executive Summary Charts - Merkle's accounting, #4 Exhibit Ex 04 - D-Ex 24 Debtor Calculation of Loan Payoff Based on Dates of Payments, #5 Exhibit Ex 05 - D-Ex 28 Correspondence between Merkle and CCSC, #6 Exhibit Ex 06 - was 19-790 Ex B - Transcript 20190605, #7 Exhibit Ex 07 - Paragraph by Paragraph Analysis of Response, #8 Exhibit Ex 08 - Complete Section II, #9 Exhibit Ex 09 - Complete Section III - not used, #10 Exhibit Ex 10 - Complete Section IV, #11 Exhibit Ex 11 - Complete Section V - not used, see Ex 7, #12 Exhibit Ex 12 - Complete Section VI - not used, see Ex 7, #13 Exhibit Ex 13 - Complete Section VII, #14 Exhibit Ex 14 - Complete Section VIII, #15 Exhibit Ex 15 - 1080B - Understanding The Fraudster, #16 Exhibit Ex 16 - Donald Cressey's Criminologist Article -1965-05 The Respectable Criminal, #17 Exhibit Ex 17 - Fighting Fraud In the Government_Introduction Chapter, #18 Exhibit Ex 18 - 9051D - Ethics for California CPAs, #19 Exhibit Ex 19 - Ethical Hedonism, #20 Exhibit Ex 20 - Some Personality Correlates of Business WhiteCollar Crime, #21 Exhibit Ex 21 - Research Article_05_Fraud_Triangle_Theory_and_Fraud_Diamond_Theory - Copy, #22 Exhibit Ex 22 - Case Cite - In re Gilbreath - proof of claims that fail to comply w BK rules invalid, #23 Exhibit Ex 23 - Criminal Series 1 - 7-15-19 Mtn to File State Case Docs in 19-740, #24 Exhibit Ex 24 - Criminal Series 2 - 7-31-19 Reply to RIO 2 Mtn to WD Reference in 19-740, #25 Exhibit Ex 25 - Advisory 1 to 18-588, Pilgrim REO LLC stole Merkle's Insurance Check, #26 Exhibit Ex 26 - Advisory 2 to 18-588, Shea's facts vs Merkle's facts, #27 Exhibit Ex 27 - Advisory 3 to 18-588, Fraudulent $940K Plan Confirmation Amount, #28 Exhibit Ex 28 - 20190103 Q3 2018 PCR and Forensic Accountant's Report, #29 Exhibit Ex 29 - Order of Reference BK Cases, #30 Exhibit Ex 30 - 20190709 640 Dkt 9 9-1 Ex A 8-4-17 order, which is fraudulent - markup, #31 Exhibit Ex 31 - 20190709 640 Dkt 9 9-2 Ex B 5-5-17 order, which contains fraudulent $940,000 amt - markup, #32 Exhibit Ex 32 - 20190709 640 Dkt 9 9-3 Ex C 10-24-17 illegal order that is 1129 Plot and 28 USC 455 violation - mark up, #33 Exhibit Ex 33 - 20190709 640 Dkt 9 9-4 Ex D partial transcript of 6-5-19 hearing - w comments, #34 Exhibit Ex 34 - Case Cite - Holloway v Wells Fargo - USCOURTS-txnd-3_12-cv-02184 - 5th circuit, pro se, about 12(b)(6), #35 Exhibit Ex 35 - Paragraph by Paragraph Analysis of L&B Mtn to Dismiss, #36 Exhibit Ex 36 - Analysis of Criminal Gang's Ethical Hedonism v Merkle's Principles, #37 Exhibit Ex 37 - Transcript 20190417 File (audio-joiner.com), #38 Exhibit Ex 38 - Transcript 09-26-27 hearing, #39 Exhibit Ex 39 - Transcripts for Hearings Held June 20 and 21, 2017 filed w BK court - skinny, #40 Exhibit Ex 40 - Updated Glossary of Confidence Trick Terminology)(Merkle, Carl)
August 6, 2019 Opinion or Order Text Order GRANTING #15 Motion for Leave to File Excess Pages entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
August 6, 2019 Filing 15 Unopposed MOTION for Leave to Exceed Page Limitation by Carl Nathaniel Merkle. (Attachments: #1 Proposed Order Proposed Order)(Merkle, Carl)
August 1, 2019 Opinion or Order Text Order GRANTING #14 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. Plaintiff's deadline to respond to Docket 13 is extended to September 19, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mdxr)
August 1, 2019 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss With Prejudice All Claims And Causes Of Action Pursuant to Fed. R. Civ. P. 12(b)(6), or in The Alternative, To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(1) by Carl Nathaniel Merkle. (Attachments: #1 Proposed Order Proposed order)(Merkle, Carl)
July 30, 2019 Filing 13 MOTION to Dismiss With Prejudice All Claims And Causes Of Action Pursuant to Fed. R. Civ. P. 12(b)(6), or in The Alternative, To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(1) by Capital Crossing Servicing Company, LLC, William C. Garlington, Kevin F. Shea, Denis B Stratford. (Attachments: #1 Exhibit A (Bankr Dkt 214 Dismissal Order), #2 Exhibit B (Bankr Dkt 224 Claim Objection Order ), #3 Exhibit C (Bankr Dkt 232 Attorneys Fees Order ), #4 Exhibit D (Bankr Dkt 261 Distribution Order ))(Wilson, Natalie)
July 25, 2019 Opinion or Order Text Order GRANTING #12 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. Plaintiff's deadline to respond to Docket 11 is extended to September 4, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mdxr)
July 25, 2019 Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss all Claims and Causes of Action with Prejudice Pursuant to Federal Rule of Civil Procedure 12(B)(6) and,Alternatively, Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(1) to September 4, 2019 by Carl Nathaniel Merkle. (Attachments: #1 Proposed Order Proposed order)(Merkle, Carl)
July 23, 2019 Filing 11 MOTION to Dismiss all Claims and Causes of Action with Prejudice Pursuant to Federal Rule of Civil Procedure 12(B)(6) and,Alternatively, Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(1) by Bradley M. Gordon, Joel W. Reese, Reese Gordon Marketos, LLP. (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, #10 Proposed Order)(Gordon, Bradley)
July 17, 2019 Opinion or Order Text Order GRANTING #10 Unopposed Motion for Extension of Time to File Response entered by Judge Xavier Rodriguez. The deadline to respond to docket no. 9 is extended to August 6, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
July 17, 2019 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 Motion to Dismiss for Failure to State a Claim by Carl Nathaniel Merkle. (Attachments: #1 Proposed Order Proposed Order)(Merkle, Carl)
July 10, 2019 Opinion or Order Text Order GRANTING #7 Motion for Leave to File Excess Pages entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
July 9, 2019 Filing 9 Motion to Dismiss for Failure to State a Claim by David S. Gragg, Langley and Banack, Incorporated, Natalie Friend Wilson. (Attachments: #1 Exhibit A - Claim Objection Order, #2 Exhibit B - Confirmation Order, #3 Exhibit C - Distribution Order, #4 Exhibit D - Transcript of June 5, 2019 Ruling)(Wilson, Natalie)
July 9, 2019 Filing 7 Unopposed MOTION for Leave to Exceed Page Limitation by David S. Gragg, Langley and Banack, Incorporated, Natalie Friend Wilson. (Attachments: #1 Proposed Order)(Wilson, Natalie)
July 8, 2019 Filing 8 PRO SE MOTION to Withdraw Reference to Bankruptcy by Carl Nathaniel Merkle. (aej)
July 3, 2019 Opinion or Order Text Order TERMINATING #5 Emergency Motion to Withdraw Reference entered by Judge Xavier Rodriguez. This motion has been docketed as 19-mc-740. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
June 26, 2019 Opinion or Order Filing 6 ORDER re #5 MOTION to Withdraw filed by Carl Nathaniel Merkle. Signed by Judge Craig A. Gargotta (aej).
June 24, 2019 Filing 5 EMERGENCY MOTION to Withdraw the Reference in Bankruptcy Case by Carl Nathaniel Merkle. (aej)
June 17, 2019 Filing 4 PRO SE MOTION to Withdraw the Reference in Bankruptcy by Carl Nathaniel Merkle. (aej)
June 13, 2019 Opinion or Order Text Order GRANTING #3 Motion for permission to file electronically entered by Judge Xavier Rodriguez. Plaintiff is directed to contact the Office of the District Clerk to obtain the e-filing and e-noticing registration form and to submit the fully completed form to the Clerk. Under standard procedures, the registration form will be processed by the Clerk, who has the responsibility of verifying, approving, and effectuating e-filing and e-noticing of court documents. All filings must comply with the Federal Rules of Civil Procedure and the Local Rules. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
June 11, 2019 Filing 3 Emergency Motion for Permission for Electronic Case Filing by Carl N. Merkle. (bc)
June 10, 2019 Filing 2 Summons Issued as to All Defendants. (bc)
June 10, 2019 Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 500049583), filed by Carl N. Merkle. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt)(bc)
June 10, 2019 If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (bc)
June 10, 2019 THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE XAIVER RODRIGUEZ. (bc)

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Plaintiff: Carl N. Merkle
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Plaintiff: Carl Nathan Merkle
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Plaintiff: Carl Nathaniel Merkle
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Defendant: Langley and Banack, Incorporated
Represented By: Natalie Friend Wilson
Represented By: David S. Gragg
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Defendant: Bradley M. Gordon
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Defendant: Kevin F. Shea
Represented By: Natalie Friend Wilson
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Defendant: Denis B Stratford
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Defendant: Capital Crossing Servicing Company, LLC
Represented By: Natalie Friend Wilson
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Defendant: Natalie Friend Wilson
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Represented By: David S. Gragg
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Defendant: Reese Gordon Marketos, LLP
Represented By: Bradley M. Gordon
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Defendant: William C. Garlington
Represented By: Natalie Friend Wilson
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Defendant: David S. Gragg
Represented By: Natalie Friend Wilson
Represented By: David S. Gragg
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Defendant: Joel W. Reese
Represented By: Bradley M. Gordon
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