| Docket as of August 26, 2001
11:54 am |
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Web PACER (v2.3)
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U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 00-CV-1065
Papagni, et al v. Hammersmith Trust, et al
Filed: 05/19/00
Assigned to: Judge Barbara M. G. Lynn
Jury demand: Plaintiff
Demand: $0,000
Nature of Suit: 850
Lead Docket: None
Jurisdiction: Federal Question
Dkt # in ND of California : is 97cv4701
Cause: 15:78m(a) Securities Exchange Act
MICHAEL J QUILLING, as Andrew M Trusevich, Attorney at
Receiver for Howe Financial Law
Trust, MVP Network Inc d/b/a 214/871-2111 FAX
MVP Turst, Treds Financial [COR LD NTC ret]
Trust, Hammersmith Trust Quilling Selander Cummiskey &
receiver Lownds
2001 Bryan Street
Suite 1800
Dallas, TX 75201
USA
214/871-2100
JOHN PAPAGNI James F Adams, Attorney at Law
plaintiff 214/748-7949 FAX
[COR LD NTC ret]
Passman & Jones
Renaissance Tower
1201 Elm Street
Suite 2500
Dallas, TX 75270
USA
214/742-2121
Mark Fowler, Attorney at Law
650/320-7401 FAX
[COR ret]
Michael Schwartz, Attorney at
Law
[COR NTC ret]
Pamela R Davis, Attorney at Law
[COR ret]
Gray Cary Ware & Freidenrich
3340 Hillview Ave
Palo Alto, CA 94304-1203
USA
650/320-7400
FTS 3 ADDS
PAMELA L ALBION James F Adams, Attorney at Law
plaintiff (See above)
[COR LD NTC ret]
Mark Fowler, Attorney at Law
(See above)
[COR ret]
Michael Schwartz, Attorney at
Law
(See above)
[COR NTC ret]
Pamela R Davis, Attorney at Law
(See above)
[COR ret]
BYRON W BACCI IRREVOCABLE James F Adams, Attorney at Law
TRUST (See above)
plaintiff [COR LD NTC ret]
Mark Fowler, Attorney at Law
(See above)
[COR ret]
Michael Schwartz, Attorney at
Law
(See above)
[COR NTC ret]
Pamela R Davis, Attorney at Law
(See above)
[COR ret]
EDDIE M BACCHI James F Adams, Attorney at Law
plaintiff (See above)
[COR LD NTC ret]
Mark Fowler, Attorney at Law
(See above)
[COR ret]
Michael Schwartz, Attorney at
Law
(See above)
[COR NTC ret]
Pamela R Davis, Attorney at Law
(See above)
[COR ret]
EDDIE M BACCHI & VIRGINIA M James F Adams, Attorney at Law
BACCHI 1991 LIVING TRUST (See above)
plaintiff [COR LD NTC ret]
Mark Fowler, Attorney at Law
(See above)
[COR LD NTC ret]
Michael Schwartz, Attorney at
Law
(See above)
[COR ret]
Pamela R Davis, Attorney at Law
(See above)
[COR NTC ret]
WILLIAM L BACCHI & TERRI L James F Adams, Attorney at Law
BACCHI REVOCABLE TRUST (See above)
plaintiff [COR LD NTC ret]
Mark Fowler, Attorney at Law
(See above)
[COR ret]
Michael Schwartz, Attorney at
Law
(See above)
[COR NTC ret]
Pamela R Davis, Attorney at Law
(See above)
[COR ret]
v.
HAMMERSMITH TRUST LLC
defendant
DAVID GILLILAND Robert K Crowe, Attorney at Law
defendant [COR ret]
Law Office of Robert K Crowe
632 Commercial St
2nd Floor
San Francisco, CA 94111
USA
415/434-0385
Donald L Beckner, Attorney at
Law
[COR ret]
Law Office of Donald L Beckner
5800 One Perkins Place
Building 7
Suite A
Baton Rouge, LA 70808
USA
225/769-7779
David Gilliland
[COR LD NTC pse] [PRO SE]
714 German Town Pkwy
Suite 5-323
Cordova, TN 38018
901/763-3509
WILLIAM L BACCHI Mark Fowler, Attorney at Law
trustee 650/320-7401 FAX
[COR ret]
Michael Schwartz, Attorney at
Law
[COR NTC ret]
Pamela R Davis, Attorney at Law
[COR ret]
Gray Cary Ware & Freidenrich
3340 Hillview Ave
Palo Alto, CA 94304-1203
USA
650/320-7400
FTS 3 ADDS
DOCKET PROCEEDINGS
DATE #
DOCKET ENTRY
12/24/97 1 SECURITIES COMMODITIES EXCHANGE COMPLAINT filed; Filing
Fee $ 150.00 Receipt # 129843 (15+) (mlh)
[Entry date 06/07/00]
12/24/97 1 DEMAND for jury trial by plaintiff John Papagni, plaintiff
Pamela L Albion, plaintiff Byron W Bacci Irrev, plaintiff
Eddie M Bacchi, plaintiff Eddie M Bacchi & Vir, plaintiff
William L Bacchi & T (mlh) [Entry date 06/07/00]
2/17/98 9 ANSWER to Complaint by defendant Hammersmith Trust,
defendant David Gilliland (15+) (mlh) [Entry date 06/07/00]
7/9/99 123 SUGGESTION OF BANKRUPTCY by defendant Hammersmith
Trust...Hammersmith Trust filed bankruptcy 7/2/99 in USBC
Middle District of Florida #99-10881-9P1 (3) (mlh)
[Entry date 06/07/00]
5/1/00 188 NOTICE of withdrawal of application for default judgment
against dft Hammersmith Trust only by plaintiff John
Papagni, plaintiff Pamela L Albion, plaintiff Byron W Bacci
Irrev, plaintiff Eddie M Bacchi, plaintiff Eddie M Bacchi &
Vir, plaintiff William L Bacchi & T (5) (mlh)
[Entry date 06/07/00]
5/9/00 191 ORDER...denying motion to vacate entry of default, denying
motion for default judgment against David Gilliland,
Hammersmith Trust, transferring case to Northern District
of Texas, Dallas Division ( signed by Senior Judge Samuel
Conti) Copies to counsel: 5.12.00 Page(s) 6 (mlh)
[Entry date 06/07/00]
5/19/00 -- Original file, certified copy of transfer order and docket
sheet received from Northern District of California (mlh)
[Entry date 05/22/00]
5/19/00 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (mlh)
[Entry date 05/22/00]
5/30/00 192 STANDING ORDER OF REFERENCE & NOTICE OF OPTION TO CONSENT
TO PROCEED BEFORE MAGISTRATE REFERRING CASE to Magistrate
Judge Jeff Kaplan for pretrial management ( signed by jas)
Copies to counsel: 5.31.00 Page(s): 3 (mlh)
[Entry date 05/31/00]
6/2/00 193 AGREED MOTION with memorandum in support by movant Michael
J Quilling to transfer case to Judge Lynn (15+) (mlh)
[Entry date 06/05/00]
6/5/00 194 ORDER REASSIGNING CASE to Judge Barbara M G. Lynn;
granting Receiver's motion to transfer to Judge Lynn (
signed by Mag Kaplan) Copies to counsel: 6.6.00 Page(s):
1 (mlh) [Entry date 06/06/00]
6/27/00 195 ORDER REQUIRING ATTORNEY CONFERENCE AND JOINT STATUS
REPORT. Joint Status Report and Proposed Scheduling Plan
due on 7/25/00, ( signed by
Magistrate Judge Jeff Kaplan) Copies to counsel: 6/28/00
Page(s): 3 (djd) [Entry date 06/28/00]
6/27/00 196 STANDING ORDER ON ALL NON-DISPOSITIVE MOTIONS. This case
has been referred to US Magistrate Judge Jeff Kaplan for
pretrial management...The following order shall govern the
disposition of all non-dispositive motions filed in this
cause. ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 6/28/00 Page(s) 3
(djd) [Entry date 06/28/00]
7/6/00 197 ANSWER to Complaint by defendant David Gilliland (4) (jas)
[Entry date 07/07/00]
7/10/00 198 Notice of Appearance/Designation of lead counsel for
plaintiffs by James F Adams (2) (djd) [Entry date 07/11/00]
7/13/00 199 APPLICATION AND ORDER for Michael G. Schwartz to appear
pro hac vice ( signed by BMGL) Copies to counsel: 7/14/00
Page(s) 4 (djd) [Entry date 07/14/00]
7/13/00 200 APPLICATION AND ORDER for Mark Fowler to appear pro hac
vice ( signed by BMGL) Copies to counsel: 7/14/00 Page(s)
4 (djd) [Entry date 07/14/00]
7/13/00 201 APPLICATION AND ORDER for Pamela R. Davis to appear pro
hac vice ( signed by BMGL) Copies to counsel: 7/14/00
Page(s) 4 (djd) [Entry date 07/14/00]
7/25/00 202 JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN by
plaintiffs and defendant Hammersmith Trust LLC through the
Receiver (8) (djd)
7/25/00 203 RECEIVER'S PROPOSED LITIGATION BUDGET/RESPONSE by movant
Michael J Quilling to Court's order entered 6/28/00 (3) (djd)
7/31/00 204 INITIAL SCHEDULING ORDER setting Deadline for filing of
dispositive motions 6/15/01 ; Discovery cutoff 5/15/01 ;
Amending of Pleadings on 10/17/00 ; Joining of Parties on
10/17/00 ; ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 7/31/00 Page(s): 3
(djd)
7/31/00 205 ORDER setting hearing: set miscellaneous hearing re:
[203-1] receiver's proposed litigation budget for 8/24/00
at 9:00 a.m. ( signed by
Magistrate Judge Jeff Kaplan) Copies to counsel: 7/31/00
Page(s): 2 (djd)
8/24/00 206 Minute order: Litigation Budget Hearing Held before
Magistrate Judge Jeff Kaplan Court Reporter: Joe Belton (djd)
8/24/00 207 ORDER re: litigation budget...the Receiver's proposed
litigation budget in the amount of $840.00 is hereby
tentatively approved ( signed by
Magistrate Judge Jeff Kaplan) Copies to counsel: 8/24/00
Page(s) 2 (djd)
9/5/00 208 First Interim Application/MOTION with memorandum in support
by movant Michael J Quilling to allow and pay (1)
receiver's fees and expenses and (2) attorneys' fees and
expenses (12) (djd) [Entry date 09/07/00]
9/6/00 209 ORDER setting hearing: Motion hearing set for 10:00
10/6/00 for [208-1] motion to allow and pay (1) receiver's
fees and expenses and (2) attorneys' fees and expenses;
written objections to the fee application must be filed by
9/25/00. ( signed by Magistrate
Judge Jeff Kaplan) Copies to counsel: 9/7/00 Page(s): 2
(djd) [Entry date 09/07/00]
10/6/00 210 ORDER granting [208-1] motion to allow and pay (1)
receiver's fees and expenses and (2) attorneys' fees and
expenses...the fee application is approved and the Receiver
is authorized to pay the law firm of Quilling, Selander,
Cummiskey & Lownds, P.C. the sum of $4,215.00 in fees and
$30.00 in expenses for services performed and costs
incurred in this case from 6/1/00-8/31/00. ( signed by Jeff Kaplan) Copies to counsel:
10/6/00 Page(s) 2 (djd)
10/6/00 211 JOINT MOTION for entry of agreed judgment by plaintiff
John Papagni, plaintiff Pamela L Albion, Receiver Michael J
Quilling (4) (djd) [Entry date 10/10/00]
10/6/00 212 JOINT MOTION for entry of agreed judgment by plaintiff
William L Bacchi & T, trustee William L Bacchi, receiver
Michael J Quilling (4) (djd) [Entry date 10/10/00]
10/6/00 213 JOINT MOTION for entry of agreed judgment by plaintiff
Byron W Bacci Irrev, plaintiff Eddie M Bacchi, receiver
Michael J Quilling (4) (djd) [Entry date 10/10/00]
10/6/00 214 JOINT MOTION for entry of agreed judgment by plaintiff
Eddie M Bacchi & Vir, plaintiff Eddie M Bacchi, receiver
Michael J Quilling (4) (djd) [Entry date 10/10/00]
10/11/00 215 Agreed Final JUDGMENT for plaintiff Byron W Bacci Irrev
against defendant Hammersmith Trust. The Defendant
(Hammersmith Trust, L.L.C.) is liable to pay the Byron W.
Bacchi Irrevocable Trust $100,000.00 for damages. The
Defendant (Hammersmith Trust, L.L.C.) is liable to pay the
Byron W. Bacchi Irrevocable Trust the additional sum of
$15,000.00 for reasonable and necessary attorneys' fees and
court costs...The Court denies all relief not granted in
this Agreed Final Judgment (
signed by BMGL) Copies to counsel: 10/12/00 Page(s): 3 (djd)
[Entry date 10/12/00]
10/11/00 216 Agreed Final JUDGMENT for plaintiff Eddie M Bacchi & Vir
against defendant Hammersmith Trust. The Defendant
(Hammersmith Trust, L.L.C.) is liable to pay the Eddie
Bacchi & Virginia Bacchi 1991 Living Trust $50,000.00 for
damages. The Defendant (Hammersmith Trust, L.L.C.) is
liable to pay the Eddie Bacchi & Virginia Bacchi 1991
Living Trust the additional sum of $7,500.00 for reasonable
and necessary attorneys' fees and court costs...The Court
denies all relief not granted in this Agreed Final
Judgment. ( signed by BMGL)
Copies to counsel: 10/12/00 Page(s): 3 (djd)
[Entry date 10/12/00]
10/11/00 217 Agreed Final JUDGMENT for plaintiff John Papagni, plaintiff
Pamela L Albion against defendant Hammersmith Trust. The
Defendant (Hammersmith Trust, L.L.C.) is liable to pay John
Papagni and Pamela L. Albion a total of $36,496.00 for
damages. The Defendant (Hammersmith Trust, L.L.C.) is
liable to pay John Papagni and Pamela L. Albion the
additional sum of $6,000.00 for reasonable and necessary
attorneys' fees and court costs...The Court denies all
relief not granted in this Agreed Final Judgment ( signed by BMGL) Copies to
counsel: 10/12/00 Page(s): 3 (djd) [Entry date 10/12/00]
10/11/00 218 Agreed Final JUDGMENT for plaintiff William L Bacchi & T
against defendant Hammersmith Trust. The Defendant
(Hammersmith Trust, L.L.C.) is liable to pay the William &
Terrie Bacchi Revocable Trust $50,000.00 for damages. The
Defendant (Hammersmith Trust, L.L.C.) is liable to pay the
William & Terri Bacchi Revocable Trust the additional sum
of $7,500.00 for reasonable and necessary attorneys' fees
and court costs...The Court denies all relief not granted
in this Agreed Final Judgment
( signed by BMGL) Copies to counsel: 10/12/00 Page(s): 3
(djd) [Entry date 10/12/00]
12/4/00 219 Second Interim Application/MOTION with memorandum in
support by receiver Michael J Quilling to allow & pay (1)
receiver's fees & expenses and (2) attorneys' fees &
expenses (12/exhibit not imaged) (djd) [Entry date 12/05/00]
12/5/00 220 ORDER setting hearing: Motion hearing set for 9:00 1/5/01
for [219-1] motion to allow & pay (1) receiver's fees &
expenses and (2) attorneys' fees & expenses ( signed by Magistrate Judge Kaplan) Copies
to counsel: 12/6/00 Page(s): 2 (djd) [Entry date 12/06/00]
12/7/00 221 ORDER re: pending cases before Judge Lynn. If a Scheduling
Order has been entered in your case prior to December 1,
2000, the amendments to Rule 26(a)(1) shall not be
applicable and you shall not be required to make the
disclosures required therein. ( signed by Judge Lynn)
Copies to counsel: 12/7/00 Page(s) 2 (djd)
1/5/01 -- Motion hearing re: [219-1] motion to allow & pay (1)
receiver's fees & expenses and (2) attorneys' fees &
expenses (12/exhibit not imaged) Motion hearing held (djd)
[Entry date 01/08/01]
1/5/01 222 Minute order: Hearing Held on Fee Applications before
Magistrate Judge Jeff Kaplan Court Reporter: electronic.
Orders to follow. (djd) [Entry date 01/08/01]
1/5/01 223 ORDER granting [219-1] motion to allow & pay (1)
receiver's fees & expenses and (2) attorneys' fees &
expenses...the fee application is approved & the Receiver
is authorized to pay the law firm of Quilling, Selander,
Cummiskey & Lownds PC the sum of $1,362.50 in fees & $82.17
in expenses for services performed & costs incurred in this
case from 9/1/00 through 11/30/00. (12/exhibit not imaged)
( signed by Magistrate Judge Kaplan) Copies to counsel:
1/8/01 Page(s) 2 (djd) [Entry date 01/08/01]
2/14/01 224 Agreed Final JUDGMENT for pltf Byron W Bacci Irrev against
dft David Gilliland. Dft David Gilliland is liable to pay
the Byron W Bacci Irrevocable Trust $100,000.00 for
damages. Dft David Gilliland is liable to pay the Byron W
Bacci Irrevocable Trust the additional sum of $15,000.00
for reasonable & necessary attorneys' fees & court
costs...this judgment shall be joint & several to the
judgment entered in favor of the pltf against dft
Hammersmith Trust LLC on 10/12/00. The Court denies all
other relief not granted in this Agreed Final Judgment. (
Signed by Judge Barbara M G. Lynn ) Copies to counsel:
2/15/01 Page(s): 2 (djd) [Entry date 02/15/01]
2/14/01 225 Agreed Final JUDGMENT for pltf Eddie M Bacchi & Vir against
dft David Gilliland. Dft David Gilliland is liable to pay
the Eddie M Bacchi & Virginia M Bacchi 1991 Living Trust
$50,000.00 for damages. Dft David Gilliland is liable to
pay the Eddie M Bacchi & Virginia M Bacchi 1991 Living
Trust the add'l sum of $7,500.00 for reasonable & necessary
attorneys' fees & court costs...This judgment shall be
joint & several as to the judgment entered in favor of the
pltf against dft Hammersmith Trust LLC on 10/12/00. The
Court denies all other relief not granted in this Agreed
Final Judgment. ( Signed by Judge Barbara M G. Lynn )
Copies to counsel: 2/15/01 Page(s): 2 (djd)
[Entry date 02/15/01]
2/15/01 226 Agreed Final JUDGMENT for plaintiff William L Bacchi & T
against defendant David Gilliland...Dft David Gilliland is
liable to pay the William L Bacchi & Terri L Bacchi
Revocable Trust $50,000.00 for damages. Dft David Gilliland
is liable to pay the William L Bacchi & Terri L Bacchi
Revocable Trust the additional sum of $7,500.00 for
reasonable & necessary attorneys' fees & court costs...the
Court denies all other relief not granted in this Agreed
Final Judgment ( Signed by Judge
Barbara M G. Lynn ) Copies to counsel: 2/15/01 Page(s): 3
(djd)
2/15/01 227 Agreed Final JUDGMENT for plaintiff John Papagni, plaintiff
Pamela L Albion against defendant David Gilliland...Dft
David Gilliland is liable to pay John Papagni & Pamela L
Albion $34,496.00 for damages. Dft David Gilliland is
liable to pay John Papagni & Pamela L Albion the additional
sum of $6,000.00 for reasonable & necessary attorneys' fees
& court costs...The Court denies all other relief not
granted in this Agreed Final Judgment. ( Signed by Judge Barbara M G. Lynn ) Copies to
counsel: 2/15/01 Page(s): 3 (djd)
2/15/01 -- CASE NO LONGER REFERRED TO Magistrate Judge Jeff Kaplan
(djd)
2/15/01 -- PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (djd)
2/15/01 -- Case closed (djd)
3/5/01 228 THIRD INTERIM AND FINAL APPLICATION with memorandum in
support by receiver Michael J Quilling to allow and pay
receiver's fees and expenses and attorneys' fees and
expenses (12) (exhibits not imaged) (mlh)
[Entry date 03/06/01]
3/7/01 229 ORDER setting hearing: Motion hearing set for 10:00
4/12/01 for [228-1] motion to allow and pay receiver's fees
and expenses and attorneys' fees and expenses Written objs
to appl must be filed by 4/6/01 ( Signed by Magistrate
Judge Jeff Kaplan ) Copies to counsel: 3/8/01 Page(s): 2
(jyg) [Entry date 03/08/01]
4/12/01 230 Minute order: Hearing held on fee application before
Magistrate Judge Jeff Kaplan. Court Reporter: electronic.
(mlh)
4/16/01 231 ORDER granting [228-1] motion to allow and pay receiver's
fees and expenses and attorneys' fees and expenses. The
receiver is authorized to pay the law firm of Quilling,
Selander, Cummiskey & Lownds, P.C. the sum of $825.00 in
fees and $46.91 in expenses for services performed and
costs incurred in this case from December 1, 2000 through
February 28, 2001. ( Signed by Magistrate Judge Jeff Kaplan
) Copies to counsel: 4.16.01 Page(s) 2 (mlh)
[Entry date 04/17/01]
Case Flags:
M-KAP
CLOSED
JURY
END OF DOCKET: 3:00cv1065
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| 08/31/2001 09:42:44 |
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