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    Representing Survivors

    Stone v. Pagourtzis

    11.28.2018

      GALVESTON COUNTY, Texas – Everytown Law has been retained by the family of Sabika Aziz Sheikh, an exchange student murdered at Santa Fe High School on May 18, 2018. On November 28, 2018, Everytown filed a petition in intervention in Stone v. Pagourtzis, a case against the shooter’s parents for their negligent storage of firearms, without which, the student would not have been able to carry out the murder of ten of his fellow students and teachers. On June 12, 2019, Everytown filed an amended petition, adding claims against the shooter.

      On March 4, 2020, Everytown Law filed an amended petition, adding negligence and conspiracy claims against Luckygunner (an online ammunition sales website), its founders, and two affiliated companies. The petition alleges that Luckygunner and its affiliates negligently and illegally sold and delivered ammunition to the underage shooter.

      On May 1, 2020, Luckygunner and related defendants removed the lawsuit from state court to federal court. On June 1, 2020, Everytown filed a motion to remand the case to state court.

      On December 7, 2020, the U.S. District Court for the Southern District of Texas sided with the plaintiffs and remanded the case to Texas state court.

      Luckygunner and its co-defendants moved to dismiss. On March 18, 2021, the court denied LuckyGunner’s motion.

      On April 13, 2021, Luckygunner and its co-defendants filed a petition of mandamus to the Court of Appeals for the Fourteenth District. The Court of Appeals for the Fourteenth District denied their mandamus petition. On June 3, 2021, Luckygunner and its co-defendants filed a petition of mandamus to the Supreme Court of Texas.

      On February 18, 2022, the Texas Supreme Court denied the mandamus petition.  On November 29, 2022, the County Court denied Red Stag Fulfillment’s motion to dismiss for lack of personal jurisdiction, and granted MollenhourGross, Jordan Mollenhour, and Dustin Gross’s motion to dismiss for lack of personal jurisdiction. The parties have since agreed to settle the case.

      Case Documents

      November 28, 2018 – Intervention in Stone v. PagourtzisDownload
      January 4, 2019 – Defendants’ Original AnswerDownload
      June 12, 2019 – Plaintiffs’ First Amended Petition & Request for DisclosureDownload
      November 12, 2019 – Plaintiffs’ Second Amended PetitionDownload
      March 4, 2020 – Plaintiffs’ Third Amended PetitionDownload
      May 1, 2020 – Defendants’ Notice of RemovalDownload
      June 1, 2020 – Plaintiffs’ and Plaintiff-Intervenors’ Motion to RemandDownload
      December 7, 2020 – Order Granting Motions to RemandDownload
      December 23, 2020 – MG Defendants’ Special AppearanceDownload
      December 23, 2020 – Defendant Red Stag Fulfillment LLC’s Special AppearanceDownload
      January 6, 2021 – Defendants’ Rule 91A Motion to DismissDownload
      February 8, 2021 – Motion for Protective OrderDownload
      February 10, 2021 – Plaintiffs’ Opposition to 91A Motion to DismissDownload
      March 3, 2021 – Amended Order Consolidating CasesDownload
      March 8, 2021 – Defendants’ Reply in Support of Motion to DismissDownload
      March 19, 2021 – Order Denying Motion to DismissDownload
      March 26, 2021 – Defendants’ Motion to Stay Proceedings Pending ResolutionDownload
      April 9, 2021 – Plaintiffs’ Opposition to Motion to Stay and Protective Order.pdf
      Download
      April 13, 2021 – Defendants’ Petition for Writ of Mandamus [Court of Appeals for the Fourteenth District]Download
      April 13, 2021 – Emergency Motion for Stay of ProceedingsDownload
      April 22, 2021 – Plaintiffs’ Response to Relators’ Emergency Motion to StayDownload
      April 23, 2021 – Defendants’ Reply in Support of Motion to StayDownload
      May 12, 2021 – Order Denying Mandamus PetitionDownload
      May 12, 2021 – Opinion of the Court of Appeals for the Fourteenth DistrictDownload
      June 3, 2021 – Defendants’ Redacted Petition for Mandamus [Texas Supreme Court]Download
      June 3, 2021 – Defendants’ Motion for Temporary Relief and Stay of ProceedingsDownload
      June 11, 2021 – Plaintiffs’ Opposition to Motion to StayDownload
      June 16, 2021 – Relators’ Reply In Support of Motion for Temporary StayDownload
      August 9, 2021 – Plaintiffs’ Response to the Petition for Writ of MandamusDownload
      August 24, 2021 – Relators’ Reply in Support of Petition for ReviewDownload
      November 24, 2021 – Relators’ Brief on the MeritsDownload
      December 21, 2021 – Merits Brief of the Real Parties in InterestDownload
      February 18, 2022 – Denial of Petition for Mandamus ReviewDownload
      April 1, 2022 – Plaintiffs’ Amended Application for Attorney’s FeesDownload
      April 25, 2022 – Fourth Amended PetitionDownload
      May 13, 2022 – Defendants’ Objections to Attorneys’ FeesDownload
      May 16, 2022 – Order on Jurisdictional DiscoveryDownload
      June 2, 2022 – Order on Attorneys’ FeesDownload
      August 18, 2022 – Final Opposition to Special Appearances – RedactedDownload
      September 16, 2022 – Final Reply in Support of Special Appearances – RedactedDownload
      November 29, 2022 – Order Granting and Denying Special AppearancesDownload
      February 9, 2023 – Final JudgementDownload

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      Did you know?

      30 percent of guns recovered by ATF in California have no serial number on them, making it impossible for law enforcement to trace.

      Stephens A. “Ghost Guns Are Everywhere in California”. The Trace. (2019). https://bit.ly/2DKkIlt