Mary Cummins, Mary, Cummins-Cobb, Cobb, Los Angeles, California, Animal Advocates, Cummins Real Estate Services, lawsuit

Mary Cummins of Animal Advocates vs Amanda Lollar, Bat World Sanctuary in Second Court of Appeals in Texas Case # 02-12-00285-CV. Judge Bonnie Sudderth oversaw pre-trial hearings. Judge William Brigham oversaw the trial and signed the court order. Judge Jeffrey Walker oversaw the motions to recuse.

Legal filings, evidence, court documents

SUMMARY: I reported Amanda Lollar, Bat World Sanctuary for animal cruelty, neglect, violations of the health code and other regulations. In retaliation they sued me for defamation and breach of contract. Even though they did not prove the elements of defamation, breach of contract, had no damages, stated there was no causation, retired visiting Judge William Brigham ruled against me. I am appealing that case to the Second Court of Appeals in Texas.

I am posting the appeal information here so there is no way they can possibly say I am violating the permanent order. This is a different web page. I need to post the items which they stated were defamation. I never defamed Amanda Lollar. Every word I said was the absolute truth. In fact a few items in the order were written by Plaintiff or Government Officials. They can never be my defamation. Hopefully there will be justice through the appeals court.

Link to appeal online is here.

Link to documents in appeal online is here

Link to my civil docketing statement for this appeal.

Link to information on original lawsuit is here.

May 7, 2013: The court granted Appellees' motion for extension. My only guess is that if you file a motion for extension just a few days before something is due, they will automatically give it to you even if your argument doesn't hold water. They lost their motion to strike my pleading with these same arguments. I hope the appeals court will be fair in my case. Otherwise I will end up in the supreme court with this case. Huge waste of time and money. If Randy Turner had not spent the last month sending demand letters to Google, WordPress, Typepad, Tumblr and Facebook, he would have been able to finish his reply.

May 1, 2013: Appellees filed a motion for 30 day extension to file their reply brief. They bring up the exact same arguments they used in their motion to strike my brief. They were denied those exact arguments April 15, 2013 by the court. Their motion is poorly written and the style has reverted back to the District Court filings. Something seems to be amiss. Nevertheless I replied with the same arguments I used in my reply to their motion to strike my pleadings. I can only hope Randy Turner is having second thoughts representing someone who was reprimanded by the USDA, TPWD and Texas Health Department for numerous violations. USDA stated that Amanda Lollar of Bat World Sanctuary caused a mom bat and her pup "pain and suffering" besides needless death. Why an animal rights attorney would represent such a person is beyond me.

April 30, 2013: Appellees response to my brief is due May 8, 2013. They just told me they will file motion for 30 day extension. I will of course oppose. If I can write and file my brief within 30 days as a pro se, they should be able to do it within a day or so. I didn't get even the minutes until a week before my brief was due. My video exhibits weren't even on the disc. Perhaps Randy Turner can't find any free lawyers to write it for him like they did his last replies?

April 9, 2013: Appellees filed a motion to strike my brief. I filed a reply here. Appellees incorrectly refer to a rule which was amended effective December 3, 2012. My brief could not exceed 15,000 words.

April 4, 2013: I filed my appeal April 1, 2013. Here is a digital copy of only the appeal without tabs 2-6. Appeal without tabs 2-6. Appeal without tabs 4-6 Appellees have 30 days to respond.

December 10, 2012: I just filed a writ of supersedeas here and attached my amended motion for new trial along with Exhibit 1 and Exhibit 2. The court order as it stands is illegal for quite a few reasons. I did not defame or breach a contract. Plus the monetary award is against the law. They lost no money, I did not defame, I did not defame with malice. Plus, any monetary award can't be over 50% of my net worth which is less than zero. You can't take every cent a person has even if they were guilty. I have a feeling that Randy Turner Texas attorney is trying to file a sister state judgment on me. He wants me to be penniless so I can't appeal so he can win by default. Not happening.

December 3, 2012: I was following up on my motion for new trial and objections to court order with the district court. I paid $40 to file the motion. I was told something about "operation of law." I called the Court of Appeals who had no problem explaining it to me. If a Judge does not rule on something within 75 days, it is deemed denied under "operation of law." Would have been nice to know before I filed my amended motion. At least I am better prepared to write my brief. The District Court's order is not legal for quite a few reasons. I asked when my brief is due. The Court is still awaiting the court record from District court. They will notify me when they have a due date for my brief.

November 2, 2012: Just had a quick phone hearing on my motion to disqualify Judge Brigham. I lost. There is obviously no way to get a judge recused or disqualified in this court. Even after the Second Court of Appeal's order reversing his court order stating he abused his discretion, Judge Jeffrey Walker won't disqualify him. Judge Walker stated that the court did not file my motion for telephonic hearing until AFTER the hearing. They received it that morning. Actually they received it 45 minutes after I was notified of the hearing via email and fax. I wrote and sent my motion over night within three hours of receiving notice of hearing. I emailed, faxed it on October 12 the day I was notified of the October 15 hearing on Monday. There's no other way for me to send an original faster than that. I did send in a letter to have on the record so people can see how unjust this is. Here is the letter. Here is proof of service. Here is an email I sent within an hour of notice of hearing. It included my motion for telephonic appearance. Here is my second letter to the courts about this.I emailed it to Lisa Adams, the clerk. I also called the court day of and told them it was received and by whom. I could have hand delivered my motion within a minute of notice of hearing and they would have made up some other excuse.

During the hearing attorney Randy Turner mentioned that I used to do Search Engine Optimization (SEO). He said "isn't that what you did to my website?" In order for me to optimize his website, I'd need his user name and password so I could edit his content. He truly is clueless.

UPDATE: Court reporter never got back to me on my offer to pay her even though I legally don't have to. Guess I won't be paying her. I just want people to know that I made the offer to pay her.

October 31, 2012: Two hour phone hearing on the contests to my affidavit of indigence. The good news is I won the hearing on my indigence. The bad news is that I am indigent. Two hours with three lawyers lying about me, making things up, twisting facts. Oddly enough Judge William Brigham oversaw this hearing. Seems there is a tertiary recusal rule. On the third motion for recusal the Judge is allowed to stay and oversee hearings. This was actually the first motion for disqualification, not recusal. The final ruling was "the petitioner is indigent. The contests to her indigence are over ruled." I may proceed without paying for the minutes. I'd asked the court reporter's attorney before if the court reporter would get stuck having to do the work for free. He didn't answer me so I thought the court would pay her. Today the Judge said she gets stuck eating the fee. I'd made an offer to pay her some in the hearing. The Judge said he can't rule on that, has nothing to do with that. If I like, I can negotiate with her. As it stands I don't have to pay anything. I feel bad that she gets stuck with the fee so I will make the same offer to her that I made in court and to her lawyer outside of court. Randy Turner, Bat World should do the right thing and pay the rest. They are the reason for the trial and appeal. They took up most of the time. And just like Bat World's previous California attorney I think it was Mr. Lively who today said "based on her motions she writes better than most lawyers I know. She should be able to get work." Bullshit. If I did write great motions, I would not have lost this case. It's not like I can get a job as a legal secretary or paralegal anyway. If I could, I would. I stated in the hearing that I do a bit of pro bono work. The lawyers attacked me saying I should do work for pay instead of pro bono. If I don't have paying work, I believe I should help indigent people. One lawyer asked if I applied to work in a restaurant. I can't stand over 10, 15 minutes at a time. No way I can work in a restaurant. That's why I couldn't take a leasing job.

October 30, 2012: I filed my response to Appellees motion for reconsideration on the Second Court of Appeals ruling on my affidavit of indigence. Here it is. This is what Randy Turner filed. Look how hard he is trying to keep an indigent appellant from appealing? Why? Because he knows I'll win on appeal. The first order by the Appeals Court shows they know I'm being railroaded.Here it is.

Yesterday I believe Amanda Lollar was posting crap about me on Facebook. It's absolutely identical to items she posted previously. She admits that I'm "indigent." They why is she contesting it in court? This is the crap she writes.

"Daisy Peachtree - I believe Cummins is re-posting the defamation that landed her with a $6.1M judgment against her. It appears she is trying to rope others into making defamatory statements to take the heat off of herself. She claims she is indigent. Of course Cummins is jealous of anyone who has managed their organization’s finances so well. I read Cummins runs a ‘living room’ operation according to her friend. Cummins herself claims she does it on approximately $200 per year. Bat World is a huge organization, involved in conservation efforts worldwide. Cummins appears to be jealous of Lollar. Look at what Lollar has accomplished in her life with her supposed 9th grade education (although I read she received a GED at the age of 15). Lollar is one of the foremost bat authorities in the world. She has trained veterinarians, zoologists, biologists and other animal care professionals from every bat inhabited continent in the world. Lollar has saved tens of thousands of bats in the past 20 years and has not received any salary. What has Cummins done? Cummins claims she retired twice yet she is indigent at the age of 48. I guess she should have kept on working. Seriously, over 20 lawsuits– Wow. From what I have observed, Cummins is obsessed with her long gone youth. Look at the depo video pics from 2011 and the pics Cummins posts on her sites, in newspaper articles, etc. Cummins posts that she feeds her animal’s rotten meat and allows her dog to eat ‘used’ tampons. Ugh. I just feel bad that Cummins is taking over Lisa’s Creatures issue, the well being of a tiny bat, to champion her own pathetic and ill-fated struggle to battle Lollar. Sick and sad."

I don't feed rotten food or "used tampons" to my dog. The only person who ever mentioned Amanda Lollar, a GED and age 15 is Amanda Lollar. I most certainly am not jealous of someone who abuses animals and breaks the law. The real bat experts think Amanda Lollar is an uneducated nasty kook. Amanda Lollar gets $1,500/month minimum from Bat World. I am 46 years old, not 48. I have not been in over 20 lawsuits. It is Amanda Lollar who is obviously obsessed with my looks. That's all she talks about. You don't see me talking about her looks. I don't run my group out of my living room. I don't operate on $200/year. This is the same crap Amanda Lollar has said online. I saved a screen capture, image and print out of the post in question. I mentioned in my filing today that Lollar agreed that I was indigent online today and now the post is gone.

October 29, 2012: October 31 at 1:30 pm Texas time there will be a hearing on my indigence. November 2, 2012 at 11:30 a.m. Texas time there will be a hearing on my motion to disqualify Judge Brigham. Oddly enough Judge Brigham is presiding over my indigence hearing. I can only hope that he is disqualified. If not, I won't be treated fairly in my next two hearings.

October 24, 2012: I filed a motion to disqualify Judge William Brigham with new evidence, mainly the Appeals Court Ruling. Judge William Brigham is extremely biased against me. He is also not fit to oversee this case for a few reasons. File is 1.5MB pdf here. Randy Turner just filed a motion to reconsider the Appeal's Court ruling. I will reply tomorrow. I sent a money order for $80 for the motion for new trial and to object to court order. I will send in amended motions tomorrow.

October 23, 2012: Yesterday in the car I spoke with someone named Michael from an unknown phone number about this case. He said he was from "Public Citizen." I now see some of my quotes from here and the phone call online but from another group. I don't mind talking about the case but try to get the quotes right. I also noted some corrections. The 352nd District Court Lisa Adams is not the one who told me I could appear by phone then I couldn't appear. It was Linda Blair the Court Coordinator. She is just the messenger of the Judge. She makes no decisions and is not responsible for the Judge's rulings.

I re-read the Appeal's Court ruling today. I was very busy yesterday as I had to drive up to Santa Barbara. I thought one of the contests was late but couldn't prove it. The Appeals Court said it was late. The person signed it on one day, filed it with the court a different day, supposedly mailed it days later yet I never received it. That is the Court Reporter's contest. That is the one that matters. I paid the appeals fee. I just can't afford the $4,000 minutes from the court reporter. The trial court reporter was Carolyn Gayaldo, not Monica Willenburg. Monica Willenburg has always been kind, professional and fair. This is directed at the person who emailed me and said I should sue these people. Judge William Brigham, Randy Turner, Amanda Lollar, John Lively Jr, Chris Ponder and Carolyn Gayaldo are responsible for the previous unjust District court ruling on the contests. The Court Coordinator, regular Court Reporter have nothing to do with this.

October 22, 2012: The Appeals Court reversed Judge William Brigham's order on the hearing! Looks like there may be justice in Texas after all. Appeals Court ruled that Judge William Brigham abused his discretion. It doesn't make sense that someone could lose a hearing on indigence because they are so indigent that they can't afford to fly to the hearing on indigence.Appeals Court order reversing Judge William Brigham's order. If you read the minutes from the hearing you can see that the Judge ruled that I lost the hearing because I failed to appear. I failed to prove my allegations even though they had my written brief. Randy Turner for Amanda Lollar/Bat World Sanctuary, Chris Ponder Assistant District Attorney on behalf of the Tarrant County District Clerk and John Lively Jr on behalf of the court reporter Carolyn Gayaldo all agreed with the Judge that I should lose because I didn't appear. They all agreed with this unjust order. They were all cc'd on correspondence with the District and Appeals court. They knew the situation yet still were willing to support an unjust ruling. Any one of them could have said "it's not fair that someone loses a hearing on indigence because they are too indigent to fly to the hearing." Not one of them stepped up to do the right thing. I would never do that to someone no matter what. I really don't know how they can live with themselves. One funny note, Judge William Brigham said it was a "hearing for indecency," instead of "indigence."

October 21, 2012: I just received copies of the court orders. I did not receive a copy on the orders of motion for telephonic appearance. I need those to file an amended motion to reconsider. I filed a motion requesting the court to write and sign a findings of fact and conclusions of law. Randy Turner wrote one and sent it to the Judge who just signed it without making any changes. Ridiculous! Randy Turner might as well have been the Judge in this case considering the fact that the Judge just signs everything Randy Turner puts in front of him. Randy Turner was telling the truth when he told me, "I've known this judge for years. He'll sign whatever I put in front of him." That's exactly what this Judge William Brigham has done. Judge Brigham did not read the temporary injunction before signing it. I doubt he read the court order or this last document. What the Judge signed is not true. I never defamed Plaintiffs.

UPDATE: I contacted the court. Judge never signed an order on my motions for telephonic appearance. Even though the Appeals Court told him to rule on the motions, he didn't.

October 18, 2012: I just received the minutes from the hearing on the contests of my affidavit of indigence. I have never seen a more unfair hearing in my entire life! This is the craziest thing I have ever seen! I filed an affidavit of indigence because I don't have $4,000 to pay for the minutes to the trial. I am an out of state appellant. I stated I didn't have the funds to fly to Texas so I asked for telephonic hearing. I was granted a telephonic hearing for the hearing on the contests of indigence. I got three days notice for the October 15 hearing at 1:30 pm. I asked for the number to appear telephonically. Two hours before the hearing I call and ask again. I am finally told it will not be telephonic. I obviously can't fly to Texas in two hours even if I had the money. This was a total setup for me to lose. I lost the hearing because I did not appear. They did not read my response to their contests. I told them I could not and would not appear. Linda Blair spoke to me on the phone right before the hearing. Waiting a few extra minutes and calling my name in the God damn hallway is a total sham. I don't know how these people sleep at night. Here are the minutes.

October 16, 2012: I filed a motion to reconsider the contests of my affidavit of indigence. In the meantime the Court of Appeals sent parties a letter stating the reporter must give me a copy of the minutes of the hearing for free. I will file an amended motion to reconsider the contests as soon as I find out what was said. I think the Appeals court may understand what is happening here. After the hearing I emailed the court reporter and asked her how much for just a portion of the minutes that deal with the issues of the contests of indigence. I told her I don't know if I could afford it, then the Appeals letter comes in saying I should be given them for free.

October 15, 2012: I filed a motion for telephonic hearing which was received by the court. I was not allowed to appear telephonically today. I was told this about two hours before the hearing. Like I could fly to TX in two hours. Judge gave no reason why I could not appear by phone even though I was allowed previously. It doesn't cost anything for the court or anyone to appear by phone. I believe he didn't want me to appear so I could not state my case so I would lose. If he really thought I had no case, why not let me appear by phone? Phone conference calls are free online. I filed my response to the contests of my affidavit of indigence. The court received it. The court also received my motion to reconsider recusal. I have not received any of the Judge's orders on any of these motions even though they could have faxed them to me. I will await the orders so I can properly reply.

Judge Brigham and Texas attorney Randy Turner are doing everything they can to make it so I cannot appeal. I've been told because they know I will win on appeal. Some of Judge Brigham's orders have been overturned on appeal. Some of Turner's cases have been overturned on appeal. I'll be speaking to some people and readying new filings. I don't feel Randy Turner or Judge William Brigham's actions are proper. So far the court of appeals has been fair. They must deal with cases like this all the time where a Judge or an attorney is way out of line. In fact this court over turned one of Judge Brigham's previous rulings. He tried to force a woman to turn over privileged communications with her lawyer to her ex-husband. It was over ruled. Even I know that is privileged.

October 12, 2012: I filed a motion to reconsider recusal of Judge William Brigham here. Exhibit 3 is the basis of my appeal. It's my line item response to the court order on defamation. Here is Exhibit 3. I posted the court order as text with my responses after each alleged "defamatory" item. This is not a violation of the court order as it an exhibit in my appeal. I removed all the items from all of the places as instructed. The court order is a public document. My reply is part of my appeal.

October 12, 2012: Before 10:30 a.m. today I filed my response to Appellees' reply to my motion to recuse Judge Brigham. Here it is. 3 mb pdf file. I was allowed until end of today to file my documents. Judge Jeffrey Walker ruled before he received my documents. Here is a cleaner, smaller version. I just reread this. I still don't think Judge Jeffrey Walker should have sanctioned me. Read the part where he first says "The signatures of attorneys or parties constitute a certificate by them that they have read the pleadings, motion or other paper that to the best of their knowledge, information and belief formed, after reasonable inquiry, the instrument is not groundless and brought in bad faith or groundless and brought for purposes of harassment. It's that word "belief" that is, I think, the problem that you have. From what I've heard from Ms. Cummins, she stated it was her belief and she stated the basis for her belief. Your motion for Rule 13 sanctions is denied.” He basically said my motion was not groundless, brought in bad faith or brought for purposes of harassment.

In the next paragraph he ruled that my "motion to recuse was groundless and filed in bad faith." He contradicts what he said previously. How can that be right?

October 11, 2012: Been a busy week. Check the link above. October 5, Friday I was notified there would be a hearing on my affidavit of indigence October 8, Monday. Seems three days notice is legal minimum. They just barely made it. Because of Lollar's defamation, I don't have the $4,000 needed to pay for the minutes of the trial. I must order the trial minutes in order to appeal. I'd asked repeatedly how much were the minutes, which minutes do I need but no one responded until very recently, after I filed my affidavit and docketing statement.

Two hours or so before the appeal they finally tell me that Judge Brigham would oversee that hearing. He clearly has a conflict of interest with this hearing. He would not want me to appeal his decision. If he rules against my affidavit, I cannot afford to appeal. I would lose by default. I filed a motion to recuse Judge Brigham from this hearing. I was allowed until end of day October 12 to send in my reply. Judge Walker will rule on this. If I were to lose the hearing on my affidavit, I would not be able to appeal. I would be denied the due process of law. I would then add the $6.2M order as part of my financial damage caused by Lollar's defamation to my defamation case.

October 4, 2012: The Second Court of Appeals has abated my appeal. I believe this means that they have temporarily halted the appeal until a hearing on the contests of my affidavit of indigence has been heard in 352nd court. Appellee, district clerk and court reporter are contesting my inability to pay for the minutes. The minutes are $4,000! I had a friend pay for the $175 application fee for the appeal because I couldn't afford that. I obviously do not have $4,000. I am currently suing Amanda Lollar, Bat World Sanctuary for defamation. Their defamation has harmed me financially. I am also suing them for personal injury. I injured myself while at Bat World. I could not afford an attorney for this case or those cases. Appellee knows I have no funds. She's been posting it all over the Internet trying to harm me.

September 7, 2012: I just saw my appeal online. Here it is.Case number 02-12-00285-CV. I filed notice of appeal twice. Court should be getting the second notice soon. I just sent in my Civil Docketing Statement.

Texas court of appeals over turns defamation verdict. This case is so similar to mine. Plaintiffs never showed defamation yet won the case. It was over turned on appeals. This is the opinion here

. Here is a copy of the court order which Judge William Brigham signed August 27, 2012. These are the items I removed. I will be going through each item to prove it is not defamation. One of these items was a manual which Amanda Lollar wrote. I didn't even write it. Another was a photo of me which they photoshopped. Another item was emails from Texas Parks & Wildlife. NOTHING was defamatory. All of the statements I did make are the absolute truth.

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