Morton et al v. Briggs
Adversary Proceeding
Lead BK case is: 4:23-bk-11071
Lead BK case is: 4:23-bk-11071
Oklahoma Northern Bankruptcy Court | |
Chapter 7 | |
Judge: | Terrence L Michael |
Case #: | 4:23-ap-01029 |
Nature of Suit | 67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny 62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud |
Case Filed: | Dec 20, 2023 |
Last checked: never |
Defendant
Todd Douglas Briggs
1109 S. Kalanchoe Ave
Broken Arrow, OK 74012 |
Represented By
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Plaintiff
Ken & Rachel Morton
11336 S Adams St
Jenks, OK 74037 |
Represented By
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Plaintiff
Nic & Jamie Mehas
12702 S 4th St
Jenks, OK 74037 |
Represented By
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Plaintiff
Melissa & Shea Boman
4880 W 77th St S
Tulsa, OK 74132 |
Represented By
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Plaintiff
Frank & Heidi Puglia
42022 E 133rd St S
Bixby, OK 74008 |
Represented By
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Plaintiff
Mike & Siera Strawser
13600 S Mingo Dr
Bixby, OK 74008 |
Represented By
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Plaintiff
Dylan & MacKayla Baggett
9191 9th St
Beggs, OK 74421 |
Represented By
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Plaintiff
Rex & Patricia Mann
2605 Falls Bend Dr
Sapulpa, OK 74066 |
Represented By
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Plaintiff
Gabriel Beltran
12444 S 66th E Ave
BIXBY, OK 74008 |
Represented By
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Docket last updated: 9 hours ago |
Monday, March 31, 2025 | ||
48 | 48
![]() Transmittal of Notice of Appeal and Related Documents . (NC) |
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47 | 47
![]() Record on Appeal to District Court . (NC) |
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Friday, March 14, 2025 | ||
46 | 46
![]() Appellant Designation of Contents for Inclusion in Record On Appeal Amended Filed by Plaintiffs Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser . (Mitchell, Brian) |
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Thursday, March 13, 2025 | ||
45 | 45
court
Transcript Order Form Completed
Thu 03/13 10:55 PM
Transcript order form completed for transcript ordered by Brian L. Mitchell, Esquire. Transcript consists of 19 pages at $5.85 per page. Fees in the amount of $111.15 were received on 3/7/2025 by Dipti Patel . (Patel, Dipti) |
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44 | 44
![]() Certified Transcript filed of proceedings held before The Honorable Chief Judge Paul R. Thomas on 2/18/2025. Pursuant to the Court's Transcript Policy and Procedure dated 08/22/2008, posted on our website at www.oknb.uscourts.gov, parties have (7) days to file a Statement of Intent to Redact (Bankruptcy/Miscellaneous) to have personal identifiers redacted from the public copy of the transcript. . Statement of Intent to Redact due by 03/20/2025 . List of Items for Redaction from Transcript due by 04/3/2025 . Transcript access will be restricted through 06/13/2025. The transcript may be viewed at the Office of the Clerk. For information on how to contact the transcriber contact the Office of the Clerk. (Patel, Dipti) |
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43 | 43
![]() Appellant Designation of Contents for Inclusion in Record On Appeal Filed by Plaintiffs Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser . (Mitchell, Brian) |
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Friday, March 07, 2025 | ||
42 | 42
![]() Transcript Order Form of proceedings held before on 02/18/2025. Reason for filing amendment or correction: Wrong form . Request for EXPEDITED Hearing. Filed by Brian L. Mitchell on behalf of Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser. (Mitchell, Brian) |
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Thursday, March 06, 2025 | ||
41 | 41
misc
Received Request for Transcript
Thu 03/06 2:42 PM
Received Request for Transcript from Clerk's office on 3/6/2025. Estimated Date of Delivery of Transcript 3/13/2025 . (Patel, Dipti) |
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40 | 40
appeal
Transcript Request Received
Thu 03/06 12:45 PM
Transcript request received by Clerk's Office, estimate provided to Brian L. Mitchell on 3/6/2025, and audio uploaded to Dipti Patel at Liberty Transcripts on 3/6/2025 . . (NC) |
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39 | 39
court
Memorandum of Document Deficiency
Thu 03/06 12:05 PM
Memorandum of Document Deficiency to Brian Mitchell, regarding document number38 . PDF is in editable format. Local Transcript Order Form not used. Resubmit the local Transcript Order Form document in non-editable format. Correction due by 3/7/2025. . (NC) |
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38 | 38
![]() Transcript Order Form of proceedings held before on 02/18/2025. Filed by Plaintiffs Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser. (Mitchell, Brian) |
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Monday, March 03, 2025 | ||
37 | 37
utility
Corrective Entry
Mon 03/03 9:57 AM
Corrective Entry: duplicate entries . (NC) |
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36 | 36
appeal
Initial Transmission of Notice of Appeal and Statement of Election
Mon 03/03 5:30 AM
(ENTERED IN ERROR) Initial Transmission of Notice of Appeal and Statement of Election to the District Court. Pursuant to Fed. R. Bankr. P. 8003(d)(1), this certifies that the Notice of Appeal and Statement of Election filed in this case on 02/27/2025, was transmitted via the notice transmission facilities of the case management and electronic case filing system of the Bankruptcy Court to the District Court. . (ADI)(Modified by NC) |
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Sunday, March 02, 2025 | ||
35 | 35
appeal
Initial Transmission of Notice of Appeal and Statement of Election
Sun 03/02 5:30 AM
(ENTERED IN ERROR) Initial Transmission of Notice of Appeal and Statement of Election to the District Court. Pursuant to Fed. R. Bankr. P. 8003(d)(1), this certifies that the Notice of Appeal and Statement of Election filed in this case on 02/27/2025, was transmitted via the notice transmission facilities of the case management and electronic case filing system of the Bankruptcy Court to the District Court. . (ADI)(Modified by NC) |
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Saturday, March 01, 2025 | ||
34 | 34
appeal
Initial Transmission of Notice of Appeal and Statement of Election
Sat 03/01 5:30 AM
(ENTERED IN ERROR) Initial Transmission of Notice of Appeal and Statement of Election to the District Court. Pursuant to Fed. R. Bankr. P. 8003(d)(1), this certifies that the Notice of Appeal and Statement of Election filed in this case on 02/27/2025, was transmitted via the notice transmission facilities of the case management and electronic case filing system of the Bankruptcy Court to the District Court. . (ADI)(Modified by NC) |
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Friday, February 28, 2025 | ||
33 | 33
![]() Civil Cover Sheet Certificate of Service attached. Filed by Brian L. Mitchell on behalf of Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser. (Mitchell, Brian) |
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32 | 32
appeal
District Court Appeal Number
Fri 02/28 10:06 AM
Notice from District Court : District Court Appeal Number:25-cv-00095-SEH-CDL . (NC) |
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31 | 31
appeal
Initial Transmission of Notice of Appeal and Statement of Election
Fri 02/28 5:30 AM
Initial Transmission of Notice of Appeal and Statement of Election to the District Court. Pursuant to Fed. R. Bankr. P. 8003(d)(1), this certifies that the Notice of Appeal and Statement of Election filed in this case on 02/27/2025, was transmitted via the notice transmission facilities of the case management and electronic case filing system of the Bankruptcy Court to the District Court. . (ADI) |
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Thursday, February 27, 2025 | ||
30 | 30
misc
Certificate of Service
Thu 02/27 4:16 PM
Certificate of Service via email to Office of the US Trustee at USTPRegion20.TU.ECF@usdoj.gov . (NC) |
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29 | 29
tclerk
Notice is Given to the Appellant
Thu 02/27 4:11 PM
NOTICE IS GIVEN TO THE APPELLANT that pursuant to Rule 8009 the Appellant shall, within 14 days of 2/27/2025, the date the appeal was filed, file with the Clerk of the United States Bankruptcy Court the following: (1) a Designation of the Items to be Included in the Record on Appeal and serve a copy upon the appellee; (2) A Statement of Issues to be Presented and serve a copy upon the appellee; and (3) A written request for the Transcript. Within 14 days after the service of the Appellants Statement, the Appellee may file and serve on the Appellant, a Designation of Additional Items to be Included in the Record on Appeal. Please review the Bankruptcy Code and Rules for further instructions. . This Notice of Electronic Filing is the Official Form for this entry. No document is attached. (NC) |
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28 | 28
![]() Transmittal of Notice of Appeal and Related Documents . (NC) |
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27 | 27
court
1 Day Incomplete Filing
Thu 02/27 3:16 PM
NOTICE OF INCOMPLETE FILING to Brian L. Mitchell: District Court Civil Cover Sheet - Form JS-44 not submitted. Correction due by 2/28/2025 . (NC) |
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26 | 26
crditcrd
none
Thu 02/27 11:31 AM
Receipt of Notice of Appeal and Statement of Election([LINK 23-01029 M] ) [appeal,ntcaplel] ( 298.00) Filing Fee. Receipt number A4806839. Fee amount 298.00 . (U.S. Treasury) |
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25 | 25
![]() Notice of Appeal and Statement of Election to District Court. Fee Amount $298 Filed by Plaintiffs Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser . (Mitchell, Brian) |
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Tuesday, February 18, 2025 | ||
24 | 24
order
Reconsider
Tue 02/18 12:19 PM
ORDER DENYING PLAINTIFFS MOTION TO RECONSIDER THE COURTS JANUARY 2, 2025, ORDER OF DISMISSAL. THIS MATTER comes before the Court pursuant to the Plaintiffs Motion to Reconsider the Courts January 2, 2025, Order of Dismissal filed at Docket No.18 . A hearing was held to consider the motion on February 18, 2025. For the reasons stated on the record in open court, IT IS HEREBY ORDERED that the Plaintiffs Motion to Reconsider the Courts January 2, 2025, Order of Dismissal filed at Docket No.18 be, and the same hereby is, denied. BY THE COURT: Chief Judge Terrence L. Michael. (text-only order) This entry is the Official Order of the Court. No document is attached. (SAB) |
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23 | 23
jmmin11
Hearing held; motion denied
Tue 02/18 10:43 AM
MINUTE: Hearing held and concluded on 2/18/2025. Motion to Reconsider is denied. Separate order to be entered. . (SAB) |
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22 | 22
TextOrderM
Minute Order
Tue 02/18 8:14 AM
Minute Order: Upon consideration of the Court's docket, the hearing scheduled for February 18, 2025 at 10:00 AM, will be heard via Telephonic DIAL-IN. Parties desiring to participate in this hearing shall DIAL-IN to the hearing using the toll-free dial-in number of 650-479-3207 and the Access Code of 23074889611 . BY THE COURT: Chief Judge Terrence L. Michael . This entry is the Official Order of the Court. No document is attached. (text-only order). (SAB) |
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Wednesday, February 12, 2025 | ||
21 | 21
TextOrderM
Minute Order
Wed 02/12 8:47 AM
Minute Order: Upon consideration of the Court's docket, the hearing scheduled for February 12, 2025 is hereby continued to February 18, 2025 at 10:00 AM at Courtroom # 1, 1st Floor, 224 South Boulder Avenue, Tulsa OK 74103. BY THE COURT: Chief Judge Terrence L. Michael . This entry is the Official Order of the Court. No document is attached. (text-only order). (SAB) |
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Tuesday, January 28, 2025 | ||
20 | 20
![]() Order Setting Hearing on Motion to Reconsider . (SAB) |
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Sunday, January 19, 2025 | ||
19 | 19
![]() Objection to18 Motion to Reconsider . Filed by Greggory T. Colpitts on behalf of Todd Douglas Briggs (Colpitts, Greggory) |
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Tuesday, January 07, 2025 | ||
18 | 18
![]() Motion to Reconsider . Certificate of Service attached. Filed by Brian L. Mitchell on behalf of Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser.. (Mitchell, Brian) |
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Att: 3
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Thursday, January 02, 2025 | ||
17 | 17
order
Dismiss Adversary Proceeding
Thu 01/02 12:01 PM
ORDER OF DISMISSAL. THIS MATTER comes before the Court pursuant to the Scheduling Order entered July 12, 2024, at Docket No.15 . The Scheduling Order contained the following: The parties will submit a Pre-Trial Order, initiated by the Plaintiff on or before December 20, 2024. If a Pre-Trial Order or a motion for extension of time to submit the same is not timely submitted, this adversary proceeding may be dismissed. No proposed pre-trial order or motion to extend the time to submit a pre-trial order has been submitted. IT IS THEREFORE ORDERED that this adversary proceeding be, and the same hereby is, dismissed. BY THE COURT: Chief Judge Terrence L. Michael. . This entry is the Official Order of the Court. No document is attached. (SAB) |
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Friday, July 12, 2024 | ||
16 | 16
TextOrderM
Minute Order
Fri 07/12 2:22 PM
Minute Order: Upon consideration of the Scheduling Order entered at Docket No. 15, the Telephonic Scheduling Conference scheduled for July 17, 2024, is stricken as moot. BY THE COURT: Chief Judge Terrence L. Michael . This entry is the Official Order of the Court. No document is attached. (text-only order). (AB) |
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15 | 15
![]() Scheduling Order. Pretrial Order due by 12/20/2024. (AB) |
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Tuesday, June 11, 2024 | ||
14 | 14
![]() Telephonic Scheduling Conference: A Telephonic DIAL-IN Scheduling Conference shall be held on 7/17/2024 at 10:00 AM. Parties desiring to participate in this hearing shall DIAL-IN to the hearing using the toll-free dial-in number of 888-684-8852 and the Access Code of 9298395 . Further instructions governing this hearing are contained in the document attached hereto and are incorporated herein by this reference. BY THE COURT: Chief Judge Terrence L. Michael. (AB) |
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Att: 1
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Monday, May 20, 2024 | ||
13 | 13
![]() Answer to Complaint Filed by Greggory T. Colpitts on behalf of Todd Douglas Briggs. (Colpitts, Greggory) |
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Friday, May 03, 2024 | ||
12 | 12
tclerk
Clerk's Extension of Time to Respond to Adversary Complaint
Fri 05/03 8:50 AM
Clerk's Extension of Time to Respond to Adversary Complaint. It appears from the record that the Defendant Todd Douglas Briggs filed the Application for Extension of Time within the time period permitted to serve an answer or responsive pleading to a complaint. Therefore, the Defendant Todd Douglas Briggs is granted an additional 14 days, or until 5/20/2024, in which to answer or otherwise respond to Plaintiff's Adversary Complaint as authorized by Local Rule 7012-1. . This Notice of Electronic Filing is the Official Form for this entry. No document is attached. (JT) |
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Thursday, May 02, 2024 | ||
11 | 11
![]() Request for Extension of Time to Respond . Filed by Greggory T. Colpitts on behalf of Todd Douglas Briggs. (Colpitts, Greggory) |
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Monday, April 08, 2024 | ||
10 | 10
![]() Certificate of Service of Summons. Served on Todd Douglas Briggs Defendant . Certificate of Service attached. Filed by Brian L. Mitchell on behalf of Dylan & MacKayla Baggett ; Gabriel Beltran ; Melissa & Shea Boman ; Rex & Patricia Mann ; Nic & Jamie Mehas ; Ken & Rachel Morton ; Frank & Heidi Puglia ; Mike & Siera Strawser. (Mitchell, Brian) |
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Friday, April 05, 2024 | ||
9 | 9
![]() Summons Issued for Service by Plaintiff upon Defendant(s) Todd Douglas Briggs Date Issued 4/5/2024, Answer Due 5/6/2024 . (NC) |
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8 | 8
order
Generic Order
Fri 04/05 1:41 PM
ORDER DENYING REQUEST FOR ENTRY OF DEFAULT BY THE CLERK. On 04/01/2024, a Request for Entry of Default by the Clerk was filed by Brian L. Mitchell, counsel for Plaintiffs herein, at Docket No.7 . The Request appears to seek an entry of default by the Clerk. On 12/21/2023, the Clerk of this Court issued a summons in this proceeding, Docket No.3 . On 02/07/2024, Mitchell, on behalf of Plaintiffs, filed a Certificate of Service indicating a copy of the summons and complaint had been served on Todd Douglas Briggs, Debtor/Defendant herein, and his counsel Gregory T. Colpitts on February 08, 2024, at Docket No.4 . Fed. R. Bankr. P. 7004(e) requires that "If service is by any authorized form of mail, the summons and complaint shall be deposited in the mail within 7 days after the summons is issued. If a summons is not timely delivered or mailed, another summons shall be issued and served." This rule requires service on both the Debtor and the attorney for Debtor, pursuant to Fed. R. Bankr. P. 7004(g), within 7 days after the summons is issued. Otherwise, the summons is considered stale, and must be reissued. The Court finds that the Request is procedurally deficient for failure to properly serve the Debtor and his attorney pursuant to Fed. R. Bankr. P. 7004. In addition, Fed. R. Civ. P. 4(m), made applicable to this adversary proceeding by Fed. R. Bankr. P. 7004(a)(1), provides a time limit of 90 days after a complaint is filed for service of a defendant. Pursuant to Rule 4(m), the Court will exercise its discretion to extend the time for service on Defendant and his counsel. The Clerk of this Court shall issue a new summons in this case. If proper service is not effectuated within the time allowed under Rule 7004(e), the Plaintiffs may apply to the Clerk for an alias summons. Plaintiffs are given until May 2, 2024, to effectuate proper service on Defendant, and to certify service of same to this Court. If no certificate of service has been filed by that time, which indicates service of a summons and the complaint on Defendant, this case may be dismissed pursuant to Rule 4(m), or it may be set for further hearing. Accordingly, IT IS THEREFORE ORDERED that the Request for Entry of Default by the Clerk filed by Brian L. Mitchell, counsel for Plaintiffs herein, be, and the same hereby is, denied without prejudice. IT IS FURTHER ORDERED that the Clerk shall immediately issue a new summons in this adversary proceeding, and further summonses upon request of the Plaintiffs if they fail to make service within the 7-day deadline of Fed. R. Bankr. P. 7004(e). IT IS FURTHER ORDERED that the time under Fed. R. Civ. P. 4(m) to serve a summons and the complaint, and certify same to the Court, is enlarged to May 2, 2024. IT IS FURTHER ORDERED that failure to file a certificate of service within the allotted time will result in dismissal of this action without prejudice against the Defendant. BY THE COURT: Chief Judge Terrence L. Michael. . This entry is the Official Order of the Court. No document is attached. CERTIFICATE OF SERVICE to Todd Douglas Briggs, 1109 S. Kalanchoe Ave, Broken Arrow, OK 74012 (AB) |
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Monday, April 01, 2024 | ||
7 | 7
![]() Plaintiff's Request for Entry of Default by the Clerk Certificate of Service attached. Filed by Brian L. Mitchell on behalf of Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser. (Mitchell, Brian) |
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Att: 1
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6 | 6
![]() Response to of March 26, 2024 . Certificate of Service attached. Filed by Brian L. Mitchell on behalf of Dylan & MacKayla Baggett, Gabriel Beltran, Melissa & Shea Boman, Rex & Patricia Mann, Nic & Jamie Mehas, Ken & Rachel Morton, Frank & Heidi Puglia, Mike & Siera Strawser (Mitchell, Brian) |
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Att: 2
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Tuesday, March 26, 2024 | ||
5 | 5
order
Show Cause
Tue 03/26 1:20 PM
ORDER TO SHOW CAUSE WHY ADVERSARY PROCEEDING SHOULD NOT BE DISMISSED. THIS MATTER comes before the Court on its own motion. Upon review of the file, the Court notes that a complaint was filed on December 20, 2023, a summons was issued on December 21, 2023, and a Certificate of Service of Summons was filed on February 7, 2024. There has been no additional activity in the adversary proceeding. IT IS THEREFORE ORDERED that on or before April 9, 2024 , counsel for plaintiff shall show cause in writing as to why this adversary proceeding should not be dismissed. IT IS FURTHER ORDERED that in the absence of such a filing on or before April 9, 2024 , this adversary proceeding shall be dismissed. BY THE COURT: Chief Judge Terrence L. Michael. This entry is the Official Order of the Court. No document is attached. (AB) |
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Wednesday, February 07, 2024 | ||
4 | 4
![]() Certificate of Service of Summons. Served on Todd Douglas Briggs February 8, 2024 . Filed by Brian L. Mitchell on behalf of Dylan & MacKayla Baggett ; Gabriel Beltran ; Melissa & Shea Boman ; Rex & Patricia Mann ; Nic & Jamie Mehas ; Ken & Rachel Morton ; Frank & Heidi Puglia ; Mike & Siera Strawser. (Mitchell, Brian) |
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Thursday, December 21, 2023 | ||
3 | 3
![]() Summons Issued for Service by Plaintiffs upon Defendant(s) Todd Douglas Briggs Date Issued 12/21/2023, Answer Due 1/22/2024 . (JT) |
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Wednesday, December 20, 2023 | ||
2 | 2
crditcrd
none
Wed 12/20 3:57 PM
Receipt of Complaint([LINK 23-01029 M] ) [cmp,cmp] ( 350.00) Filing Fee. Receipt number A4681615. Fee amount 350.00 . (U.S. Treasury) |
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1 | 1
![]() Complaint by Ken & Rachel Morton, Nic & Jamie Mehas, Melissa & Shea Boman, Frank & Heidi Puglia, Mike & Siera Strawser, Dylan & MacKayla Baggett, Rex & Patricia Mann, Gabriel Beltran vs. Todd Douglas Briggs. Fee Amount $350. Nature of Suit: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud),67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny). Filed by Brian L. Mitchell on behalf of Ken & Rachel Morton, Nic & Jamie Mehas, Melissa & Shea Boman, Frank & Heidi Puglia, Mike & Siera Strawser, Dylan & MacKayla Baggett, Rex & Patricia Mann, Gabriel Beltran. (Mitchell, Brian) |