United States of America v. Hurry et al
Court Docket Sheet

Middle District of Alabama

2:2015-cv-00106 (almd)

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Description
1
02/09/2015
COMPLAINT TO SET ASIDE FRAUDULENT TRANSFERS against Marcus Dupree Hurry, Anthony G. McMillian, Edith N. McMillian, filed by United States of America.
1
Exhibit A, Amended Judgment, Doc. #77
1 Attachment
2
02/09/2015
Corporate/Conflict Disclosure Statement by United States of America.
3
02/11/2015
Summons Issued as to Marcus Dupree Hurry, Anthony G. McMillian, Edith N. McMillian; summons and complaint hand delivered to U S Marshal with 285 forms for service.
4
03/24/2015
US Marshal ACKNOWLEDGEMENT OF SERVICE Executed on 2/26/2015 as to Marcus Dupree Hurry re 1 Complaint, and 3 Summons.
5
03/24/2015
US Marshals ACKNOWLEDGEMENT OF SERVICE Executed on 3/4/2015 as to Anthony G. McMillian re 1 Complaint, and 3 Summons.
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03/24/2015
US Marshals ACKNOWLEDGEMENT OF SERVICE Executed on 3/4/2015 as to Edith N. McMillian re 1 Complaint, and 3 Summons.
7
03/26/2015
MOTION to Dismiss For Lack of in personam Jurisdiction by Anthony G. McMillian, Edith N. McMillian.
8
03/27/2015
ORDER directing Plaintiff TO SHOW CAUSE as to why the 7 Motion to Dismiss filed by Anthony G. McMillian, Edith N. McMillian should not be granted. Show Cause Response due by 4/17/2015. The Defendants shall have until 4/24/2015 to file any response they may wish to file. Motion Submission Deadline set for 4/24/2015 without oral argument. Signed by Honorable Judge W. Harold Albritton, III on 3/27/2015.
9
03/27/2015
ANSWER to 1 Complaint by Marcus Dupree Hurry.
10
04/17/2015
RESPONSE to 7 MOTION to Dismiss For Lack of in personam Jurisdiction (Opposition) filed by United States of America. Modified on 4/17/2015.
1
Attachment A
2
Attachment B
3
Attachment C) (Main Document 10 replaced on 4/17/2015 due to errors per attorney's office.
3 Attachments
11
04/17/2015
NOTICE of Correction re 10 Response to Motion. The original pdf contained errors per attorney's office. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
10
https://ecf.almd.uscourts.gov/doc1/01702472623" onClick="goDLS{{'/doc1/01702472623','56474','38','','2','1','',''}};">10</a>)
2 Attachments
04/17/2015
RESPONSE TO 8 ORDER TO SHOW CAUSE by United States of America. (This document has no pdf attached, see Doc. 10 for pdf.) (Text entry; no document attached.)
12
04/21/2015
Corporate/Conflict Disclosure Statement by Marcus Dupree Hurry.
13
04/21/2015
Corporate/Conflict Disclosure Statement by Anthony G. McMillian.
14
04/21/2015
Corporate/Conflict Disclosure Statement by Edith N. McMillian.
15
04/27/2015
MEMORANDUM OPINION AND ORDER: The 7 Motion to Dismiss is ORDERED DENIED as further set out in the opinion and order. Signed by Honorable Judge W. Harold Albritton, III on 4/27/2015.
16
05/21/2015
MOTION for Default Judgment as to the Defendants, Anthony G. McMillian and Edith N. McMillian by United States of America.
17
05/21/2015
ANSWER to 1 Complaint by Edith N. McMillian.
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05/21/2015
ANSWER to 1 Complaint by Anthony G. McMillian.
19
05/22/2015
ORDER: Answers having now been filed by Edit N. McMillian and Anthony G. McMillian, the 16 Motion for Entry of Default Judgment is hereby ORDERED DENIED. Signed by Honorable Judge W. Harold Albritton, III on 5/22/2015.
20
05/26/2015
RULE 26(f) ORDER: it is ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than June 16, 2015, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 5/26/2015.
21
06/08/2015
AMENDED ANSWER to Complaint by Edith N. McMillian.
22
06/08/2015
AMENDED ANSWER to Complaint by Anthony G. McMillian.
23
06/15/2015
REPORT of Rule 26(f) Planning Meeting.
24
06/16/2015
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 6/30/2016 in Montgomery, AL before Honorable Judge W. Harold Albritton III. Non-Jury Trial set for 8/15/2016 trial term in Montgomery, AL before Honorable Judge W. Harold Albritton III. Motions due by 2/29/2016. Mediation Notice due by 3/26/2016. Amended Pleadings due by 7/31/2015. Discovery due by 1/30/2016. Signed by Honorable Judge W. Harold Albritton, III on 6/16/2015. Copies furnished to calendar group, EB.
25
06/18/2015
ORDER: The court having been advised of a clerical error in the 24 Uniform Scheduling Order, entered on 6/16/2015, it is ORDERED that the 24 Uniform Scheduling Order is AMENDED as further set out in the order. In all other respects, the Uniform Scheduling Order shall remain in full force and effect. Signed by Honorable Judge W. Harold Albritton, III on 6/18/2015.
10/30/2015
Case reassigned to Honorable Judge Gray Michael Borden as referral judge. Honorable Judge Terry F. Moorer no longer assigned to the case as referral judge. (NO PDF) (Text entry; no document attached.)
26
01/07/2016
MOTION to Dismiss by United States of America.
27
01/07/2016
Joint MOTION for Entry of Consent Judgment by United States of America, Edith N. McMillian, Anthony G. McMillian, and Marcus Dupree Hurry. (Main Document 27 replaced on 1/7/2016 to correct footnote, adding CR to Case No. and paragraph 9, added CR to Case No.). Modified on 1/7/2016 to add additional filers.
28
01/07/2016
NOTICE of Correction re 27 Joint Motion for Entry of Consent Judgment. The original pdf contained typographical errors. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
27
https://ecf.almd.uscourts.gov/doc1/01712611396" onClick="goDLS{{'/doc1/01712611396','56474','87','','2','1','',''}};">27</a>)
2 Attachments
29
01/12/2016
JUDGMENT: Before the Court is a 28 Joint Motion for Entry of Consent Judgment from the United States of America and Defendants Anthony G. McMillian and Edith N. McMillian. It is ORDERED, ADJUDGED AND DECREED that the motion is GRANTED as follows: Judgment in the amount of $30,115.91 is entered against the defendants, Anthony G. McMillian and Edith N. McMillian, jointly and severally with each other and with defendant Marcus Dupree Hurry in his criminal case, United States v. Marcus Dupree Hurry, Case No. 2:12-CR-00063-MEF-01. The parties consented to judgment in the amount of $55,115.91. However, the Court finds that the demand of $55,115.91 minus the $25,000.00 already paid to the United States, has reduced the judgment amount to $30,115.91. Judgment amount in this case constitutes money that would have been available to pay restitution in criminal case number 2:12-CR-00063-MEF-01; therefore, the clerk of court shall pay any and all payments made in this case to the victims pursuant to the criminal judgment and restitution order in case number 2:12-CR-00063-MEF-01. Anthony G. McMillian and Edith N. McMillian shall pay $100.00 per month until the balance of $30,115.91 is paid in full by Anthony G. McMillian, Edith N. McMillian jointly and severally, or by Defendant Marcus Dupree Hurry pursuant to his criminal judgment in Case No. 2:12-CR-00063-MEF-01. Anthony G. McMillian and Edith N. McMillian shall receive credit for all payments made by Marcus Dupree Hurry pursuant to the restitution order contained in his criminal judgment. Judgment shall be submitted to the Treasury Offset Program for collection. Failure to pay the specified monthly installment payment of $100.00 on or before the 15th day of each month, until paid in full, will constitute a default by the defendants. Plaintiff may not execute upon this judgment unless defendants default in the specified monthly installment payments. Upon default, the entire balance owed shall become due and payable without further notice to the defendants. The case number of 2:12-CR-0063-MEF-01, be included on each monthly payment submitted. The first monthly payment is due on 2/15/2016, and shall be due on or before the 15th of each month until paid in full. Each monthly installment payment shall be addressed to: Clerk of the Court as further set out in the order. Upon the satisfaction of this judgment, the defendants stand discharged from any and all further liability to the plaintiff for the fraudulent transfer claims made the basis of this action. Each party will bear the cost of his own attorneys fees and litigation expenses in this case. By separate order Defendant Marcus Dupree Hurry will be dismissed as a defendant in this case. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge W. Harold Albritton, III on 1/12/2016. Copies furnished to Financial, cashier, EB.
1
Civil Appeals Checklist
1 Attachment
30
01/12/2016
ORDER that the 26 Motion to Dismiss be and the same is hereby GRANTED. Signed by Honorable Judge W. Harold Albritton, III on 1/12/2016.
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