First Bank of the Lake v. Air Transport Network LLC
(4:23-cv-00927)
District Court, S.D. Texas
MAR 14, 2023 | REPUBLISHED BY LIT: MAY 3, 2023
ORDER OF DISMISSAL WITHOUT PREJUDICE.
Case terminated on 07/19/2023.
(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 07/20/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00927
First Bank of the Lake v. Air Transport Network LLC et al Assigned to: Judge Charles Eskridge Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 03/14/2023 Date Terminated: 07/19/2023 Jury Demand: Defendant Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
06/30/2023 | 33 | INITIAL DISCLOSURES by Air Transport Network LLC, Legacy Airways, LLC, Eddie Lindsey, filed.(Stafford, Paul) (Entered: 06/30/2023) |
07/17/2023 | 34 | STIPULATION of Dismissal Without Prejudice by First Bank of the Lake, filed. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 07/17/2023) |
07/19/2023 | 35 | ORDER OF DISMISSAL WITHOUT PREJUDICE. Case terminated on 07/19/2023. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 07/20/2023) |
08/04/2023 | 36 | NOTICE OF ESTOPPEL by Eddie Lindsey, filed. (KimberlyPicota, 4) (Entered: 08/04/2023) |
08/07/2023 | 37 | NOTICE of Withdrawal of Notice of Estoppel [Doc.36] Filed Pro Se By Eddie Lindsey re: 36 Notice (Other) by Air Transport Network LLC, Legacy Airways, LLC, Eddie Lindsey, filed. (Stafford, Paul) (Entered: 08/07/2023) |
PACER Service Center | |||
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Transaction Receipt | |||
08/07/2023 16:53:20 |
Minute Entry Order
Minute Entry and Order
Minute entry for INITIAL CONFERENCE before Judge Charles Eskridge by video conference on June 14, 2023.
All parties represented by counsel.
The Court addressed the scheduling and docket control order and the joint discovery/case management plan.
Dkts 23 & 31.
It was noted that an agreed preliminary injunction had entered in this case, which included a provision preventing Plaintiff First Bank of the Lake from selling the subject aircraft without permission from the Court.
See Dkt 20.
First Bank expressed possible intention to seek an order allowing it to sell the aircraft.
First Bank was GRANTED LEAVE to file a motion seeking permission to sell the subject aircraft.
Any such filing must be made by July 12, 2023, absent further order extending such deadline.
The parties also reported that settlement discussions had been fruitful to date.
It was ORDERED that the parties file a joint status report on settlement by July 12, 2023.
First Bank may there seek extension of the deadline to file any motion, if desired, and the parties may jointly request alteration of any other deadlines.
It is ORDERED that
(i) no continuance will be granted absent a showing of actual diligence and extraordinary cause,
and
(ii) discovery failures may result in the striking of evidence, dismissal of claims, or the striking of defenses.
The parties should continue to confer in good faith regarding discovery and settlement.
So ordered.
Signed on June 14, 2023, at Houston, Texas.
Hon. Charles Eskridge United States District Judge
Minute entry for PRELIMINARY INJUNCTION HEARING before Judge Charles Eskridge on March 21, 2023.
Plaintiff First Bank of the Lake appeared represented by counsel.
Defendant Eddie Lindsey appeared pro se.
Neither Defendant Air Transport Network LLC nor Defendant Legacy Airways LLC appeared represented by counsel.
Counsel to First Bank observed that Air Transport and Legacy Airways were served yesterday, March 20th.
He further observed that they (as LLCs) may not appear except by counsel.
Lindsey was placed under oath.
He stated that he was the sole owner of each entity.
He further stated that he desired a short continuance of the hearing to attempt to secure counsel for the two entities.
He acknowledged that the TRO would remain in effect until hearing resumed.
The Court addressed the status and terms of the TRO.
See Dkt 2.
Norman Cannon was placed under oath as a representative of First Bank and testified that
(i) the aircraft subject to the TRO is in possession of First Bank,
but
(ii) First Bank hasn’t received related parts, logs, keys, combinations, access codes, and other documents, as required under the TRO.
First Bank stated upon inquiry that it has no intention of selling the aircraft until authorized by the Court in the course of this litigation.
Lindsey addressed his motion to dissolve the TRO.
Dkt 8.
It was noted that the motion would be resolved at the hearing on the 28th.
Lindsey was ADMONISHED to comply with the terms of the TRO, with it being noted that sanctions would be imposed upon appropriate motion.
First Bank was ADMONISHED not to sell the aircraft absent further application and order of the Court.
The parties were ORDERED to confer about satisfying the terms of the TRO following the hearing.
The hearing was ADJOURNED and CONTINUED to March 28, 2023, at 2:30 pm.
Appearances: Michael F Hord, Jr.; Eddie Lindsey, Pro Se. Ct Reporter: ERO.
Injunction Hearing set for 3/28/2023 at 02:30 PM in Courtroom 9F before Judge Charles Eskridge.
(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/22/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00927
First Bank of the Lake v. Air Transport Network LLC et al Assigned to: Judge Charles Eskridge Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 03/14/2023 Jury Demand: Defendant Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
Plaintiff | ||
First Bank of the Lake | represented by | Michael F Hord , Jr Hirsch Westheimer PC 1415 Louisiana 36th Floor Houston, TX 77002-2772 713-220-9182 Fax: 713-223-9319 Email: mhord@hirschwest.com ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
Air Transport Network LLC | represented by | Ashley Ann Sander Mayer, LLP 2900 N. Loop West Suite 500 Houston, TX 77092 404-406-9035 Email: asander@mayerllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDGary Linn Evans Coats and Evans PC PO Box 130246 The Woodlands, TX 77393 281-367-7732 Email: evans@texasaviationlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDPaul K. Stafford Stafford Moore, PLLC 325 N. St. Paul Street Suite 2210 Dallas, TX 75201 214-764-1529 Fax: 214-580-8104 Email: paul@staffordmoore.law LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Defendant | ||
Eddie Lindsey | represented by | Ashley Ann Sander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDGary Linn Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDPaul K. Stafford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Defendant | ||
Legacy Airways, LLC | represented by | Ashley Ann Sander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDGary Linn Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDPaul K. Stafford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
03/14/2023 | 1 | COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-29594649) filed by First Bank of the Lake. (Attachments: # 1 Affidavit VERIFICATION, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Civil Cover Sheet)(Hord, Michael) (Entered: 03/14/2023) |
03/15/2023 | 2 | Order GRANTING TEMPORARY RESTRAINING ORDER. It is further ORDERED that Plaintiff’s Application for Temporary Injunction shall be heard by this Court on March 21, 2023 at 1:30 o’clock p.m., in Courtroom 9F before Judge Charles Eskridge. This Order is not effective unless and until Plaintiff executes and files with the Clerk a bond in conformity with the law, or a cash deposit in lieu thereof, in the amount of $5,000.00 (five thousand dollars). (Signed by Judge Charles Eskridge) Parties notified. (RachelWillborg, 4) (Entered: 03/15/2023) |
03/15/2023 | 3 | NOTICE of Setting. Parties notified. Injunction Hearing set for 3/21/2023 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge, filed. (RachelWillborg, 4) (Entered: 03/15/2023) |
03/15/2023 | 4 | Request for Issuance of Summons as to Air Transport Network LLC, filed.(Hord, Michael) (Entered: 03/15/2023) |
03/15/2023 | 5 | Request for Issuance of Summons as to Eddie Lindsey, filed.(Hord, Michael) (Entered: 03/15/2023) |
03/15/2023 | 6 | Request for Issuance of Summons as to Legacy Airways, LLC, filed.(Hord, Michael) (Entered: 03/15/2023) |
03/16/2023 | 7 | NOTICE of Estoppel by Eddie Lindsey, filed. (RachelWillborg, 4) (Entered: 03/16/2023) |
03/16/2023 | 8 | EMERGENCY MOTION to Dissolve the TRO (Motion Docket Date 4/6/2023.) by Eddie Lindsey, filed. (RachelWillborg, 4) (Entered: 03/16/2023) |
03/16/2023 | 9 | ORDER re: Pending is an emergency motion by Defendant Eddie Lindsey to dissolve the TRO issued in this matter. Dkt 8. This and any other purportedly new motion will be taken up at the hearing set for March 21, 2023. (Signed by Judge Charles Eskridge) Parties notified.(JacquelineMata, 4) (Entered: 03/17/2023) |
03/17/2023 | 10 | Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (Attachments: # 1 Summons, # 2 Summons)(ckrus, 4) (Entered: 03/17/2023) |
03/20/2023 | 11 | RETURN of Service of SUMMONS Executed as to Legacy Airways, LLC served on 3/20/2023, answer due 4/10/2023, filed.(Hord, Michael) (Entered: 03/20/2023) |
03/20/2023 | 12 | RETURN of Service of SUMMONS Executed as to Eddie Lindsey served on 3/20/2023, answer due 4/10/2023, filed.(Hord, Michael) (Entered: 03/20/2023) |
03/20/2023 | 13 | RETURN of Service of SUMMONS Executed as to Air Transport Network LLC served on 3/20/2023, answer due 4/10/2023, filed.(Hord, Michael) (Entered: 03/20/2023) |
03/20/2023 | 14 | RETURN of Service, filed.(Hord, Michael) (Entered: 03/20/2023) |
03/20/2023 | 15 | RETURN of Service, filed.(Hord, Michael) (Entered: 03/20/2023) |
03/20/2023 | 16 | RETURN of Service, filed.(Hord, Michael) (Entered: 03/20/2023) |
03/21/2023 | 17 | PROPOSED ORDER GRANTING TEMPORARY INJUNCTION, filed.(Hord, Michael) (Entered: 03/21/2023) |
03/21/2023 | 18 | MINUTE ENTRY ORDER: Minute entry for PRELIMINARY INJUNCTION HEARING before Judge Charles Eskridge on March 21, 2023. Plaintiff First Bank of the Lake appeared represented by counsel. Defendant Eddie Lindsey appeared pro se. Neither Defendant Air Transport Network LLC nor DefendantLegacy Airways LLC appeared represented by counsel. Counsel to First Bank observed that Air Transport and Legacy Airways were served yesterday, March 20th. He further observed that they (as LLCs) may not appear except by counsel. Lindsey was placed under oath. He stated that he wasthe sole owner of each entity. He further stated that hedesired a short continuance of the hearing to attempt tosecure counsel for the two entities. He acknowledged thatthe TRO would remain in effect until hearing resumed.The Court addressed the status and terms of the TRO.See Dkt 2.Norman Cannon was placed under oath as a representative of First Bank and testified that (i) the aircraft subject to the TRO is in possession of First Bank, but (ii) First Bank hasn’t received related parts, logs, keys, combinations, access codes, and other documents, as required under the TRO. First Bank stated upon inquiry that it has no intention of selling the aircraft until authorized by the Court in the course of this litigation. Lindsey addressed his motion to dissolve the TRO. Dkt 8. It was noted that the motion would be resolved at the hearing on the 28th. Lindsey was ADMONISHED to comply with the terms of the TRO, with it being noted that sanctions would be imposed upon appropriate motion. First Bank was ADMONISHED not to sell the aircraft absent further application and order of the Court.The parties were ORDERED to confer about satisfying the terms of the TRO following the hearing.The hearing was ADJOURNED and CONTINUED to March 28, 2023, at 2:30 pm. Appearances: Michael F Hord, Jr.; Eddie Lindsey, Pro Se. Ct Reporter: ERO. Injunction Hearing set for 3/28/2023 at 02:30 PM in Courtroom 9F before Judge Charles Eskridge.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/22/2023) |
03/27/2023 | 19 | MOTION for Entry of Order re: Entry of Agreed Order Granting Temporary Injunction by First Bank of the Lake, filed. Motion Docket Date 4/17/2023. (Attachments: # 1 Agreed Order)(Hord, Michael) (Entered: 03/27/2023) |
03/27/2023 | 20 | AGREED ORDER GRANTING TEMPORARY INJUNCTION granting 19 MOTION for Entry of Order re: Entry of Agreed Order Granting Temporary Injunction.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/27/2023) |
04/11/2023 | 21 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/14/2023 at 10:30 AM in Courtroom 9F before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 04/11/2023) |
04/11/2023 | 22 | Joint MOTION for Extension of Time Defendant’s Answer by Air Transport Network LLC, Legacy Airways, LLC, Eddie Lindsey, filed. Motion Docket Date 5/2/2023. (Attachments: # 1 Proposed Order Proposed Order)(Sander, Ashley) (Entered: 04/11/2023) |
04/13/2023 | 23 | SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 08/15/2023. Joinder of Parties due by 07/14/2023. Plaintiff Expert Report due by 02/13/2024. Deft Expert Report due by 03/14/2024. Discovery due by 04/30/2024. Mediation due by 07/16/2024. Dispositive Motion Filing due by 05/30/2024. Non-Dispositive Motion Filing due by 05/30/2024. Joint Pretrial Order due by 08/15/2024. Docket Call set for 09/17/2024 at 1:30 PM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (JennelleGonzalez) (Entered: 4/13/2023) (Entered: 04/13/2023) |
04/18/2023 | 24 | ORDER granting 22 Motion for Extension of Time; Motion-related deadline set re: 22 Joint MOTION for Extension of Time Defendant’s Answer. Response due by 04/24/2023.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 04/18/2023) |
04/24/2023 | 25 | NOTICE of Appearance by Paul K. Stafford on behalf of Air Transport Network LLC, filed. (Stafford, Paul) (Entered: 04/24/2023) |
04/24/2023 | 26 | NOTICE of Appearance by Paul K. Stafford on behalf of Eddie Lindsey, filed. (Stafford, Paul) (Entered: 04/24/2023) |
04/24/2023 | 27 | NOTICE of Appearance by Paul K. Stafford on behalf of Legacy Airways, LLC, filed. (Stafford, Paul) (Entered: 04/24/2023) |
04/24/2023 | 28 | ANSWER to 1 Complaint, with Jury Demand by Air Transport Network LLC, Legacy Airways, LLC, Eddie Lindsey, filed.(Stafford, Paul) (Entered: 04/24/2023) |
04/26/2023 | 29 | CERTIFICATE OF INTERESTED PARTIES by First Bank of the Lake, filed.(Hord, Michael) (Entered: 04/26/2023) |
04/26/2023 | 30 | CERTIFICATE OF INTERESTED PARTIES by Air Transport Network LLC, Legacy Airways, LLC, Eddie Lindsey, filed.(Stafford, Paul) (Entered: 04/26/2023) |
PACER Service Center | |||
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Transaction Receipt | |||
05/03/2023 18:22:27 |
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 6/14/2023 at 10:30 AM in Courtroom 9F before Judge Charles Eskridge
(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 04/11/2023)
From and including: Tuesday, March 14, 2023
To and including: Wednesday, June 14, 2023
Result: 93 days
It is 93 days from the start date to the end date, end date included.
Or 3 months, 1 day including the end date.
Didn’t the affidavit for United Pilot Eddie say that he purchased the property in 2020? Why is HCAD showing 1988?
Answer; Coz he bought it in a company name – Legacy Airways, LLC and made it a commercial loan.
But we’ve got questions… Legacy ain’t showing on HCAD…
and, when you look at Eddie’s Linkedin, he’s quickly ‘retired’ Legacy, and setup another company, Business air, or could it be under the other company, Air Transport Network?
(His day job is/was a Pilot for United for over 4 decades).
Jan 17, 2023. No follow up from Judge Schaffer re the compelling Sanctions motion confirming Title Deed Theft and the fact Bandit Lawyer Clay Vilt ain’t representin’ or getting paid by homeowners who have signed over homesteads (stolen) under extreme duress to these Bandits.
— lawsinusa (@lawsinusa) January 17, 2023