MARCH 8, 2002
|
THE DALLAS
LAWSUIT:
This is a lawsuit by the Receiver to clear and obtain title to real property and a house located on the shorefront of Lake Michigan. The property was purchased in the name of the Wolcott Lifetime Trust, which was established by David Gilliland for the benefit of his ex-wife and his daughters. The $400,000.00 purchase price was paid from funds invested by defrauded Hammersmith investors. In an effort to avoid hot check charges against him in Alabama, arising from checks which David Gilliland instructed him to write, Jack Higgins (the Trustee of the Trust) gave a deed to the property to Jeffrey Saxon, a Hammersmith investor. The Dallas lawsuit was dismissed after the Michigan lawsuit was filed. THE MICHIGAN LAWSUIT:
On
November 3, 2000, the Receiver filed the Michigan lawsuit as a result
of new developments relating to the case, which prevented proper
jurisdiction in Dallas. In particular, after Saxon learned of the
Receiver's claim to the property, in an attempt to defraud the Receiver,
Saxon placed mortgages against the property. The facts relating
to this situation are set forth in the Complaint.
The answers and cross-claims by the Defendants can also be viewed
below. The Receiver sought and obtained a preliminary injunction
against Saxon. Saxon has refused to comply with the injunction.
As a result, the Receiver filed a Motion
to Show Cause to Hold Saxon in Contempt. On January 15, 2002, the Receiver filed a Motion for Summary Judgment as to the Wolcott Lifetime Trust and Melody Gilliland. On February 28, 2002, the Court issued an Opinion and Order pursuant to which the Court granted the Motion and held that neither of them have any interest in the house. After lengthy settlement discussions, the Receiver reached a settlement with the various lenders who claimed to have valid mortgages against the property. On June 10, 2002 the Receiver filed a Motion to Approve Compromise and Settlement Agreement and on July 24, 2002 the Court signed an Order approving the settlement. |
APRIL 18, 2002
- View the actual docket sheet for this case;
- Definition and sample of a docket sheet;
- Contact information for the court and judge presiding over this case; and,
- A
link to PACER [access to the court via Internet]
The Michigan Lawsuit Docket Sheet is unavailable at this time.
FEBRUARY 10, 2003
-
Important documents, including relevant pleadings and orders.
These documents can only be read with Adobe Acrobat Reader, which may be downloaded for free:
THE DALLAS LAWSUIT:
|
Item
#
|
Date
Filed/ Sent or Signed |
Document
|
|
1
|
6.16.00
|
Complaint |
|
2
|
7.12.00
|
Order Granting Motion to Transfer |
|
3
|
7.17.00
|
Standing Order of Reference and Notice of Option to Consent to Proceed Before the Magistrate Judge |
|
4
|
7.18.00
|
Standing Order on All Non-Dispositive Motions |
|
5
|
9.5.00
|
Receiver's First Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support |
|
6
|
9.6.00
|
Order Setting Hearing |
|
7
|
10.6.00
|
Order [approving the Receiver's Fee Application] |
|
8
|
12.1.00
|
Order of Dismissal Without Prejudice |
|
9
|
12.4.00
|
Receiver's Second Interim and Final Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support |
|
10
|
1.5.00
|
Order [regarding the Receiver's Fee Application] |
THE MICHIGAN LAWSUIT:
