2:09-CV-00231
09/11/2009
Disposed - Other Disposed
Bankruptcy - Withdrawal
Sam R Cummings
Robert L Templeton
Paul King
Frances Maddox Estate
Heron Land Company
Don Storseth
Clay Storseth
Storseth Family Trust
David Miller
Susan S Miller
Dennis Dougherty
Attebury Family Partnership LP
William Scott
Herring Bank
American Housing Foundation
Sterquell Irrevocable Life Insurance Trust
Housing For Texans Foundation
1800 S. Washington Street, Suite 311
Amarillo, TX 79102
Housing for Texans Charitable Trust doing business as Housing For Texas Foundation
Marshallette S Sterquell
Robert L Templeton
Paul King
Frances Maddox Estate
Heron Land Company
Don Storseth
Clay Storseth
Storseth Family Trust
David Miller
Susan S Miller
Dennis Dougherty
Attebury Family Partnership LP
William Scott
Herring Bank
Marshallette S Sterquell
David R Langston
Attorney at Mullin Hoard & Brown
Po Box 2585, 1500 Broadway Suite 700
Lubbock, TX 79408-2585
Anthony Ward Kirkwood
Attorney at Quilling Selander Lownds Winslett & Moser PC
2001 Bryan Street, Suite 1800
Dallas, TX 75201
David Mullin
Attorney at Mullin Hoard & Brown
Po Box 31656
Amarillo, TX 79120-1656
Joe L Lovell
Attorney at Lovell Lovell Isern & Farabough
Eagle Centre Building, 112 W 8Th Ave Suite 1000
Amarillo, TX 79101
John M Brown
Attorney at Mullin Hoard & Brown
Po Box 31656
Amarillo, TX 79120-1656
John Hunt Lovell
Attorney at Lovell Lovell Isern & Farabough, LLP
Eagle Centre Bldg, 112 S.W. 8Th Ave Suite 1000
Amarillo, TX 79101-2314
Lawrence M Doss
Attorney at Mullin Hoard & Brown
Po Box 2585, 1500 Broadway Suite 700
Lubbock, TX 79408-2585
Steven L Hoard
Attorney at Mullin Hoard & Brown
Po Box 31656
Amarillo, TX 79120-1656
John C Sims
Attorney at Sims Hubbert & Wilson
1205 Broadway, Po Box 10236
Lubbock, TX 79408-236
Charles G White
Attorney at Law Office of Charles G White
500 S Taylor St, Suite 505 Lb 201
Amarillo, TX 79101
John Thomas Boyd, Jr
Attorney at White Hanna & Boyd PLLC
600 South Tyler, Suite 1810
Amarillo, TX 79101
R Byrn Bass, Jr
Attorney at Law Office of R Byrn Bass Jr
State National Bank Building, 4716 4Th St Suite 100
Lubbock, TX 79416
Robert Yaquinto, Jr
Attorney at Sherman & Yaquinto LLP
509 N Montclair Avenue
Dallas, TX 75208-5498
David R Langston
Attorney at Mullin Hoard & Brown
Po Box 2585, 1500 Broadway Suite 700
Lubbock, TX 79408-2585
Michael V Powell
Attorney at Locke Lord LLP
2200 Ross Avenue, Suite 2800
Dallas, TX 75201-6776
Matthew M Hurt
Attorney at Locke Lord Bissell & Liddell LLP
2200 Ross Ave, Suite 2200
Dallas, TX 75201-6776
Robert Yaquinto, Jr
Attorney at Sherman & Yaquinto LLP
509 N Montclair Avenue
Dallas, TX 75208-5498
Michael V Powell
Attorney at Locke Lord LLP
2200 Ross Avenue, Suite 2800
Dallas, TX 75201-6776
Matthew M Hurt
Attorney at Locke Lord Bissell & Liddell LLP
2200 Ross Ave, Suite 2200
Dallas, TX 75201-6776
Joe L Lovell
Attorney at Lovell Lovell Isern & Farabough
Eagle Centre Building, 112 W 8Th Ave Suite 1000
Amarillo, TX 79101
Michael D Napoli
Attorney at Akerman, LLP
2001 Ross Ave, Suite 3600
Dallas, TX 75201
Christina Marie Putman
Attorney at DNV GL USA Inc
1400 Ravello Drive
Katy, TX 77449
James David Brown
Attorney at Winstead PC
500 Winstead Building, 2728 N. Harwood St.
Dallas, TX 75201
J Brian Vanderwoude
Attorney at Dorsey & Whitney LLP
200 Crescent Court, Suite 1600
Dallas, TX 75201
(#73) Agreed ORDER of Dismissal with Prejudice and Final JUDGMENT as to the Sterquell Family Defendants, ORDER of Payment of Settlement Funds, and ORDER Referring Texas Capital Bank, N.A.'s Intervention Back to Bankruptcy Court - (See Order for Specifics). #72 Motion for Judgment terminated. (Ordered by Judge Sam R Cummings on 8/25/2010) (djs) (Entered: 08/25/2010)
(#72) Agreed MOTION for Judgment AGREED MOTION FOR ORDER OF DISMISSAL WITH PREJUDICE AND ENTRY OF FINAL JUDGMENT AS TO THE STERQUELL FAMILY DEFENDANTS, AND MOTION TO ORDER PAYMENT OF SETTLEMENT FUNDS, AND REFERRING TEXAS CAPITAL BANK, N.A.'S INTERVENTION BACK TO BANKRUPTCY COURT filed by Elizabeth Ann Bunn, Marshallette S Sterquell(Trustee of Sterquell Family Irrevocable Life Insurance Trust), Steve Wright Sterquell, II (Hurt, Matthew). Added MOTION on 8/25/2010 (plh). (Entered: 08/24/2010)
(#71) ORDER: Came on for consideration the #70 Notice to Withdraw Creditors' Motion for Allowance of Administrative Priority Claim, filed April 28, 2010. The Court finds that the Motion for Allowance of Administrative Priority Claims should be, and the same is hereby WITHDRAWN. Motions terminated: #68 MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4). (Ordered by Judge Sam R Cummings on 4/29/2010) (djs) Modified on 4/30/2010 (awc). (Entered: 04/29/2010)
(#70) NOTICE of Withdrawal of Motion for Allowance of Administrative Priority Claim re: #69 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), #68 MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) filed by C. C. Burgess, Campbell Burgess, Carson Herring Burgess, Burgess Trust No. 4, Carson Burgess Inc., Chain-C, Inc., Keevin Clark, Cornelia J. Slemp Trust, Dennis Dougherty, Frances Maddox Estate, Charlotte Burgess Griffiths, Heron Land Company, Herring Bank, Herring Financial Services, Terrill J Horton, Jessie Herring Johnson Estate Trust No. 1, Jessie Herring Johnson Estate Trust No. 2, Paul King, Louise Johnson Thomas Trust, David Miller, Susan S Miller, William Scott, Clay Storseth, Don Storseth, Storseth Family Trust, Robert L Templeton, Vaudrey Capital, L.P. a/k/a Vaudry Capital, LP (Lovell, Joe) (Entered: 04/28/2010)
Exhibit(s)
Exhibit(s)
Exhibit(s)
Exhibit(s)
Main Document
Report and Recommendation
Order Modifying Court's Prior Order Staying
Order Staying Proceedings
Dft's Reply to Response to Motion to Withdraw
Dfts' Reply to Response to Motion to Withdraw
Intervenor's Response to Motion to Withdraw
Creditor's Response to Motion to Withdraw
Main Document
(#1) Transmittal and certification regarding Withdrawal of Reference from the U.S. Bankruptcy Court. 1 volumes of Bankruptcy records transmitted. (plh) (Entered: 09/15/2009)
Docket(#73) Agreed ORDER of Dismissal with Prejudice and Final JUDGMENT as to the Sterquell Family Defendants, ORDER of Payment of Settlement Funds, and ORDER Referring Texas Capital Bank, N.A.'s Intervention Back to Bankruptcy Court - (See Order for Specifics). #72 Motion for Judgment terminated. (Ordered by Judge Sam R Cummings on 8/25/2010) (djs) (Entered: 08/25/2010)
[-] Read LessDocket(#72) Agreed MOTION for Judgment AGREED MOTION FOR ORDER OF DISMISSAL WITH PREJUDICE AND ENTRY OF FINAL JUDGMENT AS TO THE STERQUELL FAMILY DEFENDANTS, AND MOTION TO ORDER PAYMENT OF SETTLEMENT FUNDS, AND REFERRING TEXAS CAPITAL BANK, N.A.'S INTERVENTION BACK TO BANKRUPTCY COURT filed by Elizabeth Ann Bunn, Marshallette S Sterquell(Trustee of Sterquell Family Irrevocable Life Insurance Trust), Steve Wright Sterquell, II (Hurt, Matthew). Added MOTION on 8/25/2010 (plh). (Entered: 08/24/2010)
[-] Read LessDocket(#71) ORDER: Came on for consideration the #70 Notice to Withdraw Creditors' Motion for Allowance of Administrative Priority Claim, filed April 28, 2010. The Court finds that the Motion for Allowance of Administrative Priority Claims should be, and the same is hereby WITHDRAWN. Motions terminated: #68 MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4). (Ordered by Judge Sam R Cummings on 4/29/2010) (djs) Modified on 4/30/2010 (awc). (Entered: 04/29/2010)
[-] Read LessDocket(#70) NOTICE of Withdrawal of Motion for Allowance of Administrative Priority Claim re: #69 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), #68 MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) filed by C. C. Burgess, Campbell Burgess, Carson Herring Burgess, Burgess Trust No. 4, Carson Burgess Inc., Chain-C, Inc., Keevin Clark, Cornelia J. Slemp Trust, Dennis Dougherty, Frances Maddox Estate, Charlotte Burgess Griffiths, Heron Land Company, Herring Bank, Herring Financial Services, Terrill J Horton, Jessie Herring Johnson Estate Trust No. 1, Jessie Herring Johnson Estate Trust No. 2, Paul King, Louise Johnson Thomas Trust, David Miller, Susan S Miller, William Scott, Clay Storseth, Don Storseth, Storseth Family Trust, Robert L Templeton, Vaudrey Capital, L.P. a/k/a Vaudry Capital, LP (Lovell, Joe) (Entered: 04/28/2010)
[-] Read LessDocket(#69) NOTICE of Hearing on Motion for Allowance of Administrative Priority Claim Under 11 USC 503(b)(3) and (4) re: #68 MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) filed by C. C. Burgess, Campbell Burgess, Carson Herring Burgess, Burgess Trust No. 4, Carson Burgess Inc., Chain-C, Inc., Keevin Clark, Cornelia J. Slemp Trust, Dennis Dougherty, Frances Maddox Estate, Charlotte Burgess Griffiths, Heron Land Company, Herring Bank, Herring Financial Services, Terrill J Horton, Jessie Herring Johnson Estate Trust No. 1, Jessie Herring Johnson Estate Trust No. 2, Paul King, Louise Johnson Thomas Trust, David Miller, Susan S Miller, William Scott, Clay Storseth, Don Storseth, Storseth Family Trust, Robert L Templeton, Vaudrey Capital, L.P. a/k/a Vaudry Capital, LP (Lovell, Joe) (Entered: 04/20/2010)
[-] Read LessDocketNOTICE of Docket Text/Document Modification by Deputy Clerk regarding Doc #69 -- deleted by clerk because of incorrect certificate of service, will be redocketed by attorney. (awc) (Entered: 04/20/2010)
[-] Read LessDocket(#68) WITHDRAWN (per Order dated 4/29/10 Doc #71) MOTION for Attorney Fees for Allowance of Administrative Priority Claim Under 11 USC Sec. 503(b)(3) and (4) filed by C. C. Burgess, Campbell Burgess, Carson Herring Burgess, Burgess Trust No. 4, Carson Burgess Inc., Chain-C, Inc., Keevin Clark, Cornelia J. Slemp Trust, Dennis Dougherty, Frances Maddox Estate, Charlotte Burgess Griffiths, Heron Land Company, Herring Financial Services, Herring Bank, Terrill J Horton, Jessie Herring Johnson Estate Trust No. 1, Jessie Herring Johnson Estate Trust No. 2, Paul King, Louise Johnson Thomas Trust, David Miller, Susan S Miller, William Scott, Clay Storseth, Don Storseth, Storseth Family Trust, Robert L Templeton, Vaudrey Capital, L.P. a/k/a Vaudry Capital, LP (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Additional Page(s)) (Lovell, Joe) Modified on 4/29/2010 (djs). (Entered: 04/19/2010)
[-] Read LessDocket(#67) Designation of Experts by Texas Capital Bank NA. (Vanderwoude, J) (Entered: 03/15/2010)
[-] Read LessDocket(#66) AGREED PROTECTIVE ORDER - Upon motion of all the parties for a Protective Order pursuant to Rule 26(c) of the FRCP, the Court enters this Protective Order to facilitate discovery in this matter. This Protective Order applies only in this cause and does not apply to any discovery sought or obtained in any related bankruptcy proceeding. Motions terminated: #65 Joint MOTION for Protective Order (Ordered by Judge Sam R Cummings on 3/2/2010) (djs) (Entered: 03/02/2010)
[-] Read LessDocket(#65) Joint MOTION for Protective Order filed by Attebury Family Partnership LP, William Scott, Herring Bank, Marshallette S Sterquell, American Housing Foundation, Sterquell Irrevocable Life Insurance Trust, Housing For Texans Foundation, Housing for Texans Charitable Trust, Steve Wright Sterquell, II, Elizabeth Ann Bunn, Metropolitan Life Insurance Company, New England Life Insurance Company, Unknown Life Insurance Company, Alvin Johnson, Lincoln Benefit Life Company, Elizabeth Ann Bunn(Trustee of Housing for Texans Charitable Trust), Steve Wright Sterquell, II(Trustee of Housing for Texans Charitable Trust), Marshallette S Sterquell(Trustee of Sterquell Family Irrevocable Life Insurance Trust), Sterquell Family Irrevocable Life Insurance Trust, Steve Wright Sterquell, II(as Trustee of Housing for Texans Charitable Trust), Dennis Dougherty, Frances Maddox Estate, Heron Land Company, Paul King, David Miller, Susan S Miller, Elizabeth Ann Bunn(as Trustee of Housing for Texans Charitable Trust), Clay Storseth, Don Storseth, Storseth Family Trust, Robert L Templeton, Texas Capital Bank NA, American Housing Foundation,(Vanderwoude, J) Modified on 3/3/2010 (djs). (Entered: 03/02/2010)
[-] Read LessDocket(#9) RESPONSE in Opposition filed by Attebury Family Partnership LP to Intervenor's Motion for Partial Summary Judgment (Sims, John) (Entered: 09/29/2009)
[-] Read LessDocket(#8) RESPONSE in Opposition filed by Steve Wright Sterquell, II, Marshallette S Sterquell, Elizabeth Ann Bunn, Sterquell Family Irrevocable Life Insurance Trust, Housing for Texans Charitable Trust Response to Motion for Partial Summary Judgment filed by Intervenor Texas Capital Bank (Hurt, Matthew) Modified on 9/29/2009 (djs). (Entered: 09/29/2009)
[-] Read LessDocket(#7) ORDER: All motions to join other parties and amend the pleadings must be filed by 3:00 pm on 12/15/2009. Unless otherwise identified pursuant to written discovery, experts must be disclosed pursuant to FRCP 26(a)(2) by 3:00 pm on 3/15/2010. All other pretrial motions, including motions for summary judgment, must be filed, and all discovery must be completed, by 3:00 pm on 7/15/2010. (Ordered by Judge Sam R Cummings on 9/25/09) (djs) (Entered: 09/25/2009)
[-] Read LessDocket(#6) ORDER - The Court is of the opinion that the Report and Recommendation should be ADOPTED; the Motions to Withdraw the Reference should be GRANTED; the Motions to Strike should be DENIED without prejudice to reconsideration; the pending stay should be LIFTED; Adversary Proceedings Nos. 09-2005 and 09-2007 should be CONSOLIDATED into Civil Action no. 2:09cv231-C; and Civil Action No. 2:09cv233-C is ADMINISTRATIVELY CLOSED. The United States Bankruptcy Clerk and the United States District Clerk shall coordinate the transfer of all filings in Adversary Proceedings Nos. 09-2005 and 09-2007 and in Civil Action No. 2:09cv233-C for docketing in Civil Action No. 2:09cv231-C. CONSOLIDATING CASES: Member case(s) 2:09-cv-233-C consolidated with lead case 2:09-cv-231-C. American Housing Foundation (Consolidated Plaintiff) rep by R Byrn Bass, Jr, Charles G White, and American Housing Foundation (Consolidated Respondent) rep by Lloyd Lim, Charles G White added to case pursuant to consolidation. (Ordered by Judge Sam R Cummings on 9/25/09) (djs) (Entered: 09/25/2009)
[-] Read LessDocket(#5) Court Request for Recusal: Judge Mary Lou Robinson recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Sam R Cummings for all further proceedings. Future filings should indicate the case number as: 2:09-cv-231-C. (djs) (Entered: 09/16/2009)
[-] Read LessDocketDEMAND for Trial by Jury by Housing for Texans Charitable Trust, Steve Wright Sterquell, II, Marshallette S Sterquell, Elizabeth Ann Bunn, Sterquell Family Irrevocable Life Insurance Trust. (plh) (Entered: 09/15/2009)
[-] Read LessDocket(#4) Letter transmitting bankruptcy record on appeal to presiding judge. CC to counsel, bankruptcy clerk and bankruptcy judge. (plh) Modified on 9/16/2009 (plh). (Entered: 09/15/2009)
[-] Read LessDocket(#3) "BANKRUPTCY DOCKET SHEET" (plh) (Entered: 09/16/2009)
[-] Read LessDocket(#2) MOTION to Withdraw Reference For Two Overlapping Adversary Proceedings and Brief in Support Thereof filed by Housing for Texans Charitable Trust, Steve Wright Sterquell, II, Marshallette S Sterquell, Elizabeth Ann Bunn, Sterquell Family Irrevocable Life Insurance Trust. (Attachments: #1 Creditor's Response to Motion to Withdraw, #2 Intervenor's Response to Motion to Withdraw, #3 Dfts' Reply to Response to Motion to Withdraw, #4 Dft's Reply to Response to Motion to Withdraw, #5 Order Staying Proceedings, #6 Order Modifying Court's Prior Order Staying, #7 Report and Recommendation) (plh) Modified on 9/16/2009 (plh). (Entered: 09/16/2009)
[-] Read LessDocket(#1) Transmittal and certification regarding Withdrawal of Reference from the U.S. Bankruptcy Court. 1 volumes of Bankruptcy records transmitted. (plh) (Entered: 09/15/2009)
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