IN THE UNITED STATES DISTRICT FOR THE 

WESTERN DISTRICT OF TEXAS,

AUSTIN DIVISION

JASON LEE VAN DYKE, §

Plaintiff, §

v. § 

§

THOMAS CHRISTOPHER § NO. 1:20-MC-657-LY

RETZLAFF, a/k/a DEAN §

ANDERSON, d/b/a BV FILES, VIA §

VIEW FILES, L.L.C., and VIAVIEW § 

FILES, §

Defendants §

RETZLAFF’S UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO UNITED

STATES’ AMENDED MOTION TO QUASH DEPOSITION OF “FBI WITNESS”

JAMES MCGIBNEY AND MOTION TO TRANSFER (DOC. 5)

I. INTRODUCTION

1. Plaintiff Jason Van Dyke1 sued defendant Thomas Retzlaff for 

$100,000,000.00 for libel and other causes of action after Retzlaff filed a 

grievance against Van Dyke with the State Bar of Texas.

2 

2. Van Dyke’s suit is pending as No. 4:18-CV-247-ALM; Van Dyke v. 

Retzlaff; in the U.S. District Court for the Eastern District of Texas.

3. The case is set for trial in the U.S. Eastern District of Texas between 

January 4, 2020, and January 29, 2021. Id.

1 Van Dyke is an attorney whose his license to practice law in Texas is currently 

suspended. Van Dyke represents himself in this case pro se. 2 Van Dyke denies the grievance is the basis of his claims. Plaintiff’s Third 

Amended Complaint in the Eastern District case (“TAC”) ¶ 5.33. 

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Van Dyke v. Retzlaff

Retzlaff’s Unopposed Motion to Extend Time to Respond to United States’ Motion to Quash and Motion to Transfer 2

II. FACTS

4. On June 23, 2020, nonparty United States of America filed in this 

Court a motion to quash Retzlaff’s subpoena for the deposition of nonparty 

witness James McGibney and a motion to transfer the case back to the U.S. 

District Court for the Eastern District of Texas. (Doc. 3.) The same day, the 

United States filed an amended version of the same motion. (Doc. 5.) 

5. The United States inadvertently failed to serve either Retzlaff or the 

undersigned counsel with its original or amended motion to quash and motion to 

transfer.

III. ARGUMENT & AUTHORITIES

6. If Retzlaff had been served with the United States’ motions, 

Retzlaff’s response to the motions would have been due for filing in this Court on 

June 30, 2020. See L.R. CV-7(e)(2) (requiring response to be filed within seven 

days after service of a motion). The United States does not oppose an extension of 

time for Retzlaff to file his response to its motion to July 7, 2020.

IV. CONCLUSION & PRAYER

7. For these reasons, Retzlaff asks the Court to grant this unopposed

motion for extension of time to file Retzlaff’s response to the United States’

amended motion to quash and to transfer (Doc. 5) to July 7, 2020. Retzlaff prays 

for such other and further relief, at law or in equity, as to which he shall show 

himself justly entitled. 

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Van Dyke v. Retzlaff

Retzlaff’s Unopposed Motion to Extend Time to Respond to United States’ Motion to Quash and Motion to Transfer 3

Respectfully submitted,

By: /s/ Jeffrey L. Dorrell 

JEFFREY L. DORRELL 

Texas Bar No. 00787386

Federal ID #18465 

jdorrell@hanszenlaporte.com

14201 Memorial Drive

Houston, Texas 77079

Telephone 713-522-9444

FAX: 713-524-2580

ATTORNEYS FOR DEFENDANT THOMAS RETZLAFF

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Van Dyke v. Retzlaff

Retzlaff’s Unopposed Motion to Extend Time to Respond to United States’ Motion to Quash and Motion to Transfer 4

CERTIFICATE OF CONFERENCE

I hereby certify that on 6-30 , 2020, I e-mailed assistant U.S. attorney

Kristina Baehr representing nonparty movant United States of America and advised I 

would be filing the foregoing motion for extension of time to file Retzlaff’s response to

the United States’ motion to quash Retzlaff’s deposition of “FBI witness James 

McGibney” and to transfer this case back to the U.S. Eastern District. Ms. Baehr advised 

me the United States was NOT opposed to an extension for Retzlaff to file his response 

until July 7, 2020.

 /s/ Jeffrey L. Dorrell

JEFFREY L. DORRELL

CERTIFICATE OF SERVICE

I hereby certify that on 7-1 , 2020, the foregoing was electronically 

filed using the Court’s CM/ECF filing system, which will provide notice and a copy of 

this document to all registered ECF filers in the United States District Court for the 

Western District of Texas. In addition, the foregoing was served upon nonparty movant

James McGibney by e-mail at james@bullyville.com. 

 /s/ Jeffrey L. Dorrell

JEFFREY L. DORRELL

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