Hill v. Hunt et al

Texas Northern District Court
Judge:Sam A Lindsay
Referred: Renee Harris Toliver
Case #: 3:07-cv-02020
Nature of Suit470 Other Statutes - Racketeer Influenced and Corrupt Organizations
Cause28:1332 Diversity-Racketeering (RICO) Act
Case Filed:Dec 03, 2007
Terminated:May 06, 2010
Appellant
Albert G Hill III
Counter Claimant
Alinda H Wikert
Counter Claimant
Elisa M Summers
Counter Claimant
Heather V Washburne
Counter Claimant
Lyda Hill
Counter Defendant
Albert G Hill III
Defendant
Albert G Hill Jr
Defendant
Alinda H Wikert
Defendant
Brett Ringle
Defendant
Carol E. Irwin
Defendant
Elisa M Summers
Defendant
Haroldson Lafayette Hunt Jr Trust Estate
Defendant
Heather V Washburne
Defendant
Ivan Irwin Jr
Defendant
John W Creecy
Defendant
Lyda Hill
Defendant
Margaret Hunt Trust Estate
Defendant
Margaret Keliher
Defendant
Tom Hunt
Defendant
William Herbert Hunt
Defendant
William Schilling
Guardian Ad Litem
Guardian Ad Litem
Interested Party
Brent Walker
Interested Party
David Evans
Interested Party
Gresham PC
Interested Party
Jonathan Nockels
Interested Party
Locke Lord Bissell & Liddell LLP
Interested Party
Locke Lord Bissell&Liddell LLP
Interested Party
Ron Cresswell
Interested Party
XTO Energy Inc
Interested Party
XTO Energy Inc.
Intervenor
Blind Faith Speculation LLC
Intervenor
Calloway Norris Burdette & Weber PLLC
Intervenor
Calloway, Norris, Burdette&Weber, PLLC
Intervenor
Campbell Harrison & Dagley LLP
Intervenor
Campbell Harrison&Dagley LLP
Intervenor Plaintiff
Aldous Law Firm
Intervenor Plaintiff
Baron & Blue
Intervenor Plaintiff
Baron&Blue
Intervenor Plaintiff
Charla Aldous
Intervenor Plaintiff
Charla Aldous, PC
Intervenor Plaintiff
D&B Thompson Investments, LP
Intervenor Plaintiff
Erin Nance Hill
Intervenor Plaintiff
Law Offices of Stephen F. Malouf, PC
Intervenor Plaintiff
Lisa Blue
Intervenor Plaintiff
Melrose Properties, LLC
Intervenor Plaintiff
Stephen Malouf
Intervenor Plaintiff
THH Properties Limited Partnership
Intervenor Plaintiff
Thompson-Huffman Limited Partnership
Mediator
ADR Provider
Movant
Albert G. Hill, IV
Movant
Caroline Hill
Movant
Eliot Shavin
Movant
Ellen Flowers
Movant
Joyce E. Waller
Movant
Joyce Waller
Movant
Kenneth Robert Stewart Jr
Movant
Marco A Montemayor
Movant
Michael V Bourland
Movant
Nance Hill
Movant
PBL Multi-Strategy Fund LP
Movant
PBL Multi-Strategy Fund, L.P.
Movant
Shamoun & Norman, LLP
Movant
Shamoun&Norman, LLP
Movant
Stewart H Thomas
Movant
Tom M Dees III
Movant
Wilmington Trust NA
Plaintiff
Albert G Hill III
Receiver
Daniel L Jackson
Respondent
Albert G. Hill, III
Respondent
R. Dean Gresham
Respondent
The Aldous Law Firm
Trustee
Chester Donnally
Trustee
Danny Bowlin
Trustee
Larry E. Jacobs
Trustee
Legacy Trust Company, L.T.A.
Trustee
Peggy Allison
Trustee
Regions Bank

GPO Sep 04 2008
Memorandum Opinion and Order granting 5 Motion to Disqualify Plaintiff's Counsel filed by Albert G Hill Jr. Plaintiff is ORDERED to retain replacement counsel within 45 days of the date of this order. (see order) (Signed by Judge Reed C O'Connor on 9/4/2008) (axm)
GPO Dec 07 2009
Memorandum Opinion and Order denying 227 MOTION to Strike 224 Appendix in Support,and Declaration of Lucian L. Morrison, filed by Margaret Hunt Trust Estate, William Schilling, Haroldson Lafayette Hunt Jr Trust Estate, 254 MOTION for Leave to File Supplemental Evidence in Support of Plaintiff's Application for Preliminary Injunction filed by Albert G Hill, III, 188 MOTION for Temporary Restraining Order and Preliminary Injunction to Appoint Neutral Receiver and Enjoin Distributions from the Trusts without the Supervision of a Neutral Receiver filed by Albert G Hill, III, and 188 Motion for Injunction filed by Albert G Hill, III. See Order (Ordered by Judge Reed C O'Connor on 12/7/2009) (svc)
GPO Dec 29 2010
***VACATED PER ORDER/DOCUMENT #542*** Memorandum Opinion and Order denying 286 Motion for Partial Summary Judgment, filed by Albert G Hill, III. (see order for specifics) (Ordered by Judge Reed C O'Connor on 12/29/2009) (tln) Modified on 2/19/2010 (skt).
GPO Dec 30 2010
Supplemental Memorandum Opinion and Order. Court dismissed the Margaret Hunt Trust Estate and the Haroldson Lafayette Hunt, Jr. Trust Estate from this case. The Court DENIES the motion to dismiss (Doc. 211) to the extent it contests Plaintiff's standing. See Order (Ordered by Judge Reed C O'Connor on 12/30/2009) (svc)
GPO Jan 04 2010
Memorandum Opinion and Order granting 294 Motion to Dismiss filed by Lyda Hill. Amended Pleadings due by 1/19/2010. (see order) (Ordered by Judge Reed C O'Connor on 1/4/2010) (klm)
GPO Nov 08 2010
ORDER: The Court finds that the parties have shown their intent to enter into a binding agreement, and therefore, this Court will approve the Global Settlement Agreement and Agreed Final Judgment. In doing so, the Court ACCEPTS in part 917 the findings of Magistrate Judge Stickney, consistent with the parties' subsequent agreement and as reflected in the Final Judgment which will be entered by separate order. (See Order) (Ordered by Judge Reed C O'Connor on 11/8/2010) (skt)
GPO Apr 15 2014
MEMORANDUM OPINION AND ORDER: Accordingly, the court overrules The Hills' Objections to the Magistrate Judge's Order Denying the Hills' Motion to Recuse the Honorable Renee H. Toliver, and denies The Hills' Motion to Alter or Amend the Magistrate Judge's Order Denying the Hills' Motion to Recuse the Honorable Renee H. Toliver. Further, the court concludes that recusal is not required in Case No. 3:07-CV-2020-L-BK; or Case No. 3:12-CV-4599-L-BK; and to the extent the Hills move to recuse Magistrate Judge Toliver, the court denies the motions. (Ordered by Judge Sam A Lindsay on 4/15/2014) (tln)
GPO Apr 17 2014
MEMORANDUM OPINION AND ORDER: The court accepts the 1401 Findings and Conclusions as those of the court, overrules Plaintiff's objections, and denies Albert G. Hill, III's 1389 Supplemental Motion Pursuant to Fed. R. Civ. P. 60(b) to Vacate Global Settlement Agreement and Final Judgment in Light of the Honorable Reed O'Connor's Recusal or, in the Alternative, for Leave to Take Discovery. (Ordered by Judge Sam A Lindsay on 4/17/2014) (tln)
GPO Jun 04 2014
MEMORANDUM OPINION AND ORDER granting 1342 Motion for Leave to File Intervention. The Louisiana Creditors shall file their Complaint in Intervention by June 6, 2014. (Ordered by Judge Sam A Lindsay on 6/4/2014) (aaa) Modified title on 6/5/2014 (ctf).
GPO Nov 19 2015
MEMORANDUM OPINION AND ORDER: The court denies Defendants' Motion to Disqualify Magistrate Judge or Withdraw Referral (Doc. 144 in the 4599 Action), and denies Albert G. Hill, III's Emergency Motion to Stay Proceedings Before Magistrate Judge, to Direct Magistrate Judge to Cease Conduct Exceeding Scope of Authority and for Withdrawal of Referrals to Magistrate Judge (Doc. 1631 in the 2020 Action). (Ordered by Judge Sam A Lindsay on 11/19/2015) (axm)
GPO Nov 23 2015
MEMORANDUM OPINION AND ORDER denying 1642 Motion to Intervene, filed by Blind Faith Speculation, LLC. The court directs the Clerk of Court to file a copy of this Memorandum Opinion and Order in Civil Action Nos. 3:07-CV-2020-L-BK and 3:12-CV-4599-L-BK. (Ordered by Judge Sam A Lindsay on 11/23/2015) (aaa)
GPO Jan 15 2016
MEMORANDUM OPINION AND ORDER: The court construes the Magistrate Judge's 7/23/2015 Order (Doc. 1620), and the findings made during the 7/23/2015 hearing (see Tr., Doc. 1621), as a report and recommendation. For the reasons herein stated, and upon de novo review, the court accepts the Magistrate Judge's findings and recommendations in full. (Ordered by Judge Sam A Lindsay on 1/15/2016) (sss)
GPO Jan 15 2016
MEMORANDUM OPINION AND ORDER granting in part and denying in part 1576 MOTION for Payment filed by Calloway, Norris, Burdette&Weber, PLLC, Campbell Harrison&Dagley LLP. (Ordered by Judge Sam A Lindsay on 1/15/2016) (sss)
GPO Dec 01 2016
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Firms' Motion 1709 to Pay Gift Tax Refund to the Registry should be DENIED WITHOUT PREJUDICE. (Ordered by Magistrate Judge Renee Harris Toliver on 12/1/2016) (mcrd)
GPO Dec 20 2016
ORDER Accepting 1724 Findings, Conclusions, and Recommendation re: 1709 Motion to Pay Gift Tax Refund to Registry. Accordingly, the court denies CHD/CNBWs 1709 Motion to Pay Gift Tax Refund to the Registry without prejudice. (Ordered by Judge Sam A Lindsay on 12/20/2016) (ran)
GPO Jan 12 2017
Findings and Recommendations on Motion re: 1718 Emergency Motion for Aid in Collection of Judgment Under CPRC § 31.002, filed by Calloway Norris Burdette & Weber PLLC, Campbell Harrison & Dagley LLP. The Court recommends that the Law Firms Emergency Motion for Aid in Execution of Judgment, Doc. 1718, be DENIED. (Ordered by Magistrate Judge Renee Harris Toliver on 1/12/2017) (mem)
GPO Jan 27 2017
Order Accepting 1729 Findings and Recommendations on 1718 Emergency MOTION for Aid in Collection of Judgment Under CPRC 31.002. The court denies Plaintiff's Motion. (Ordered by Judge Sam A Lindsay on 1/27/2017) (rekc)
GPO Oct 06 2017
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that Hill Jr.'s Objection 1735 to Appointment of Successor Trustee in Violation of Final Judgment be OVERRULED. (Ordered by Magistrate Judge Renee Harris Toliver on 10/6/2017) (mcrd)
GPO Oct 27 2017
ORDER: The 1784 findings and recommendation of the magistrate judge are hereby accepted by the court. Albert G. Hill, Jr.'s Objection to Appointment of Successor Trustee in Violation of Final Judgment (Doc. 1735), is overruled. (Ordered by Judge Sam A Lindsay on 10/27/2017) (sss)
GPO May 15 2018
decedent Albert G. Hill, Jr. in this action, and the court directs the clerk of court to reflect this substitution on the docket sheet. (Ordered by Judge Sam A Lindsay on 5/15/2018) (aaa)MEMORANDUM OPINION AND ORDER granting 1839 (Document Restricted) Temporary Administrator of the Estate of Albert G. Hill, Jr.'s Estate Sealed Motion to Substitute. Temporary Administrator Margaret Keliher is hereby substituted in place of
GPO Jun 01 2018
f requested pending its consideration of the parties' respective applications for preliminary injunction and related relief. (Ordered by Judge Sam A Lindsay on 6/1/2018) (zkc)MEMORANDUM OPINION AND ORDER: The court denies Washburne and Summers's 1876 Application for Temporary Restraining Order; denies Hill III's 1877 Application for Temporary Restraining Order; and defers ruling on the remainder of the relie
GPO Jul 03 2018
MEMORANDUM OPINION AND ORDER: The court denies without prejudice as premature the remaining relief sought in Washburne and Summers' Emergency Motion to Enforce the Final Judgment and Settlement Agreement, and Application for Temporary Restrainineement and Final Judgment and for Preservation of Assets and Records (Doc. 1877). (Ordered by Judge Sam A Lindsay on 7/3/2018) (zkc)g Order, Preliminary Injunction, and Permanent Injunction (Doc. 1876); and denies without prejudice as premature Albert G. Hill, III's Emergency Application for Temporary Restraining Order and Injunctive Relief to Enforce Global Settlement Agr
GPO Dec 07 2018
MEMORANDUM OPINION AND ORDER: The court grants Washburne and Summers' Motion to Enforce the Final Judgment and the Settlement Agreement, and Application for Permanent Injunction (Doc. 1886); and grants Margaret Keliher, as Independent Executor of the Estate of Albert G. Hill, Jr.'s Joinder in Heather Hill Washburne and Elisa Hill Summers' Motion to Enforce the Final Judgment and the Settlement Agreement (Doc. 1916). The court directs counsel for Movants to provide it with documentation, including affidavits and invoices, supporting their request for reasonable attorney's fees and costs. The deadline to submit proof of reasonable attorney's fees and costs is 12/21/2018. Responses due by 1/11/2019. Replies due by 1/22/2019. (Ordered by Judge Sam A Lindsay on 12/7/2018) (zkc)
GPO Dec 10 2018
Memorandum Opinion and Order: Within 14 days of the date this memorandum opinion and order is filed, Keliher, as Independent Executor of the Estate of Hill Jr., must apply for such fees and costs by filing an application, supporting brief, and supporting evidence in the form of an appendix. Opposition briefs and supporting evidence in the form of appendixes must be filed within 14 days, and reply briefs must be filed within 10 days of the filing of the opposition response. The court determines that the imposition of the previously described attorneys fees and legal costs as a sanction is eminently reasonable and fair, as Hill Jr., now deceased, and the Estate of Hill Jr. have incurred attorneys fees and costs in connection with Hill IIIs attempts to remove FTB as trustee of the Grandchildrens Trusts. (Ordered by Judge Sam A Lindsay on 12/10/2018) (svc)
GPO Dec 20 2018
MEMORANDUM OPINION AND ORDER denying 1921 Emergency Motion to Stay. The deadline to submit proof of reasonable attorney's fees and costs is 1/4/2019. Responses due by 1/18/2019. Replies due by 1/29/2019. (Ordered by Judge Sam A Lindsay on 12/20/2018) (zkc)
GPO Sep 30 2019
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Pursuant to the District Judge's 1940 Amended Order of Reference, Margaret Keliher, as Independent Executor of the Estate of Albert G. Hill, Jr., Deceased's, Application and Brief in Support of Attorneys' Fees and Costs Pursuant to the Court's 12/10/2018 Memorandum Opinion and Order (ECF 1920) is before the Court for a recommended disposition. Keliher should be awarded attorneys' fees in the amount of $27,378.50 and costs in the amount of $15.00. (Ordered by Magistrate Judge Renee Harris Toliver on 9/30/2019) (ndt) Modified text on 10/5/2019 (axm).
GPO Oct 16 2019
ORDER Accepting 1978 Findings and Recommendation. The court awards Keliher reasonable attorney's fees in the amount of $27,378.50 and costs in the amount of $15. Interest shall accrue on the amount of this award from the date of entry of this order at the applicable federal rate of 1.63% until it is paid in full. (Ordered by Judge Sam A. Lindsay on 10/16/2019) (axm)
GPO Feb 21 2020
Judge Sam A. Lindsay on 2/21/2020) (ndt) Memorandum Opinion and Order Denies 1965 Motion to Enjoin Vexatious Litigant. The court directs the clerk of court to file a copy of this Memorandum Opinion and Order in Civil Action Nos. 3:07-CV-2020-L-BK and 3:10-CV-2269-L-BK. (Ordered by
GPO Apr 13 2022
MEMORANDUM OPINION AND ORDER denying 2003 Motion for Leave to File Motion to Enforce Final Judgment and Global Settlement Agreement and for Other Relief. (Ordered by Judge Sam A. Lindsay on 4/13/2022) (jmg)
GPO May 03 2022
Memorandum Opinion and Order: The court grants the Sisters' request for attorney's fees and costs for the time period from July 2019 through March 2020 related to Mr. Hill III's unsuccessful appeal in the Fifth Circuit, as requested in their Supplemental Brief (Doc. 1993). The court awards Ms. Washburne and Ms. Summers attorney's fees in the amount of $16,797 and costs in the amount $750.59. The court awards Ms. Keliher attorney's fees in the amount of $107,509.82 (which is $123,574.50 minus 13% for failure to demonstrate the exercise of billing judgment) and costs in the amount $1620.02. The court directs Mr. Hill III to pay Ms. Washburne and Ms. Summers, on the one hand, and Ms. Keliher, on the other hand, these amounts within thirty days of the date this memorandum opinion and order is filed. (Ordered by Judge Sam A. Lindsay on 5/3/2022) (ykp)
GPO Nov 22 2022
MEMORANDUM OPINION AND ORDER: The court grants Movants' request for attorney's fees and costs for legal fees and costs incurred as a result of Mr. Hill III's Will contest and subsequent appeal in the state appellate courts. Postjudgment interest shall accrue on the total amount of attorneys fees and costs ($521,338.54) at the applicable federal rate of 4.73% from the date of this Memorandum Opinion and Order until all amounts awarded are paid in full. The court denies Movants' request for attorneys fees and costs in all other respects. (Ordered by Judge Sam A. Lindsay on 11/22/2022) (axm)
GPO Dec 05 2022
Memorandum Opinion and Order Grants in Part and Denies in Part Motion in case 3:20-cv-3634-L at docket 41 defendant Lyda Hill's Motion for Attorney Fees and Sanctions and Grants Motion at docket 43 defendant's Motion for Award of Attorney's Fees and Costs. (Ordered by Judge Sam A. Lindsay on 12/5/2022) (cea)

Docket last updated: 9 hours ago
Thursday, February 01, 2024
2039 2039 appeal USCA Judgment/Mandate Fri 03/22 4:23 PM
JUDGMENT/MANDATE of USCA as to2037 Notice of Appeal filed by Marco A Montemayor. The Judgment of the District Court is AFFRIMED. Issued as Mandate: 03/14/2024. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at[LINK:Exhibit Guide] ). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (mcrd)
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Att: 1 Additional Page(s) USCA Letter
2038 2038 appeal USCA Opinion Fri 03/22 4:06 PM
Opinion of USCA in accordance with USCA judgment re2037 Notice of Appeal filed by Marco A Montemayor. AFFIRMED. (mcrd)
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