ZOO LAWSUIT

Howie put this together for me to recap the lawsuit we’ve had against Joe Exotic Schreibvogel.  

 

2014-04-15

cv-14-377

 

Suit filed

Defendants:

 

• Zoo 1, Zoo 2, Directors of Zoo 1 Reinke, Finlay, Corona, McAnallys

• Shirley was later added as a defendant because tax return said assets transferred to her, she gave deposition saying they were not, she only owned land, and was dismissed.

• Individual directors later dismissed to increase chances for Motion for Summary Judgment.Claims:

• Fraudulent Transfers/Oklahoma Uniform Fraudulent Transfer Act

• Successor Liability/Corporate Alter Ego

• Individual Liability for Dissolved Entity’s Debts (the five directors)Layman’s Argument: Zoo 2 is really Zoo 1 and liable for the judgment.2015-10Mediation reaches settlement agreement, Lowe scuttles it following week.2016-02-02RULING:

• Just before trial Zoo 2 consented to judgment leaving damages for court to decide. 2/2/16 J. Cauthron granted MSJ, set damages, entered an Agreed Judgment and Permanent Injunction against Zoo 2 in favor of BCR forbidding further transfer of assets. Basically rules Zoo 2 is Zoo 1 and liable for judgment.2016-02-05+Joe announces Zoo 3 will take over managing the zoo. Zoo 2 dissolved.2016-02-13Lowe forms (1) Zoo 3 LLC, (2) Big Cat Institute OK nonprofit, (3) GW Development LLC.2016-03-04Our Motion for Receiver2016-03-10Our Motion for contempt for violating injunction against transfer of assets2016-03-10Our Motion for Receiver Supplement: At court’s request we submit supplement recommending Klingenberg be Receiver and advising court of Zoo 3.2016-03-14RULING:

• Order for Receiver over Zoo 2 and Zoo 3

• Hearing to show cause re contempt for transfer

 

Lowe hires Ryan Leonard of Meyer, Leonard & Edinger where J. Cauthron’s husband works so she recuses and case goes to J. Miles-LaGrange.

2016-03-21

Zoo 3 files to intervene and vacate Receiver

2016-09-07

Atty Leonard moves to withdraw. Denied two days later. Then replaced by Justin Meek and Melanie Christians.

2016-10-05

Court approves Receiver invoice for $50k and orders Zoo 3 to pay.

2016-10-20

Zoo 3 Motion to Intervene broadly

2016-12-08

Receiver Motion for Contempt for not paying $50k invoice and Motion for acceptance of 2nd invoice for $35k.

2016-12-16

Claims by Zoo 3: Zoo 3 Intervenes, asks for declaratory judgment that Zoo 3 not Zoo 2 and not liable for judgment, makes following claims: (I don’t have this filing, info from ruling on our Motion to dismiss)

 

• wrongful receivership

• abuse of process

• tortious interference (based on contact with Travis Horn)2017-01-17Our Motion to dismiss Zoo 3 claims2017-07-21RULING: (On Zoo 3’s Motion to vacate order for receiver and stay receivership)

• Vacates order appointing Receiver

• Grants stay of Receivership pending ruling on Zoo 3 motion

• Requires Receiver & BCR return any property

• Set hearing schedule on motion to appoint Receiver2017-09-11RULING: (On our Motion to dismiss their claims)

• Granted re declaratory judgment but could amend, denied re other claims.2017-09-22Zoo 3 amends claim for declaratory judgment and adds LaWanna post to Travis Horn as evidence of tortious interference and adds claim for Defamation/Libel based on LaWanna post.2017-10-06Our answer to Zoo 3 claims and our Counterclaims:

• Fraudulent Transfers/OK Uniform Fraudulent Transfer Act

• Successor Liability/Corporate Alter EgoLayman’s Argument: Zoo 3 is Zoo 22017-10-06Receiver Motion for 3rd invoice $24k2017-10-26Zoo 3 Motion to dismiss our counterclaims2017-10-26J. Palk appointed and in November case transferred to him.2017-12-01Zoo 3 reply to dismiss our counterclaims2018-07-11RULINGS:

• Zoo 3 in contempt for not paying first Receiver bill $50k. Hearing set Aug 28 but Lowe firing counsel 8/24 delayed.  29 days to obtain counsel and counsel will likely ask for time to learn case.

• Receiver reinstated

• Our Motion to add BCI and GW Dev granted

• BCR owes 60% of Receiver 2nd & 3rd invoices minus few thousand relate