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Federal Complaint Against Robert Vance Jr.

Federal Complaint Against Robert Vance Jr.

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Published by Roger Shuler
Federal lawsuit against Alabama Judge Robert S. Vance Jr., alleging he acted without judicial authority and caused more than $20 million in damages. Plaintiffs are William B. Cashion Nevada Spendthrift Trust and Steven Mark Hayden, of Wetumpka, AL.
Federal lawsuit against Alabama Judge Robert S. Vance Jr., alleging he acted without judicial authority and caused more than $20 million in damages. Plaintiffs are William B. Cashion Nevada Spendthrift Trust and Steven Mark Hayden, of Wetumpka, AL.

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Categories:Business/Law
Published by: Roger Shuler on May 19, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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1
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ALABAMASOUTHERN DIVISIONCOMPLAINT
COME NOW Plaintiffs, William B. Cashion Nevada Spendthrift Trust and Stephen Mark Hayden (“Plaintiffs”), by and through the undersigned counsel, and hereby files this Complaintsuing the above-named defendant for injunctive relief, compensatory damages, punitivedamages, attorney’s fees and costs pursuant to applicable Federal and State statutes and thecommon law. Plaintiff moves for a preliminary injunction and alleges as follows:
JURISDICTION AND PARTIES
 1.
 
Plaintiffs allege violations of Due Process Clause of the 14
th
Amendment; 42U.S.C § 1983; and the common law and seeks damages, attorney’s fees and costs, declaratoryrelief and injunctive relief pursuant thereto.2.
 
This is an action for damages, declaratory and injunctive relief pursuant to 42U.S.C § 1983.
WILLIAM B. CASHION NEVADASPENDTHRIFT TRUST, STEVEN MARKHAYDEN,Plaintiffs,v.ROBERT S. VANCE JR.,Defendant.Civil Action File No.____________________JURY TRIAL REQUESTED
 
 
 
23.
 
This Court is vested with original jurisdiction under 28 U.S.C §§1331 and1343.4.
 
Venue is proper in this Court, the Southern Division of the Northern Districtof Alabama pursuant to 28 U.S.C. §1391 (b) and Local Rules of the United States DistrictCourt for the Northern District of Alabama.5.
 
Plaintiff, WILLIAM B. CASHION NEVADA SPENDTHRIFT TRUST(hereinafter referred to as “Trust”), is a spend thrift trust duly organized under Nevada statelaw. The trustee, Angela Rea Hayden is a resident of the State of Alabama. Trust maintainsits records within the State of Alabama.6.
 
Plaintiff, STEVEN MARK HAYDEN (hereinafter referred to as “Hayden”), isa resident of the State of Alabama.7.
 
The Defendant, ROBERT S. VANCE, JR., (herein after referred to as“Vance”) is an individual who resides in Jefferson County Alabama, within the SouthernDivision of the Northern District.8.
 
All events giving rise to this lawsuit occurred in the Southern Division of theNorthern District of Alabama. The Northern District of Alabama is the appropriate venue forthis matter unless the Court deems it proper to transfer this matter to another division due toany existing relationships with defendant and/or his wife.
STATEMENT OF FACTS
9.
 
Trust was sued by William B. Cashion (“Cashion”) in state court, in JeffersonCounty Alabama for declaratory relief. Case No. 01 CV 2012 000209.
 
 
310.
 
The state court case was filed on February 8, 2012, in the Birmingham Division of Jefferson County, an inappropriate venue, as none of the parties reside in or maintain a principalplace of business in the Birmingham Division of Jefferson County.11.
 
Cashion then promptly filed a motion to transfer the state court case to the“Commercial Litigation Docket” thereby enabling him to select their preferred judge, RobertVance.12.
 
The “Commercial Litigation Docket” was created by Jefferson County CircuitCourt (Birmingham Division) Administrative Order No. 2009-23, a copy of which is attachedhereto as “Exhibit 1.”13.
 
Initially, Cashion’s case was assigned to Circuit Court Judge Houston Brown. TheCase Action Summary Sheet for said action which reflects the appointment of Judge Brown hasbeen provided herewith as “Exhibit 2.”14.
 
On February 8, 2012, Judge Vance signed a Temporary Restraining Order(“TRO”) in said case despite the fact that said matter was not assigned to his court.15.
 
Vance had no authority or jurisdiction to rule on Cashion’s case as it had not beenassigned to him. A true and correct copy of said extrajudicial TRO is provided herewith as‘Exhibit 3.”16.
 
The TRO was signed at 3:30 p.m. on February 8, 2012, by Judge Robert Vance,Jr.(“Vance”).17.
 
The Case Action Summary Report reflects that Judge Houston Brown wasassigned to this case at 2:02 p.m. on February 8, 2012, about an hour and a half before JudgeVance signed the TRO. Exhibit 2.

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