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Thomas Retzlaff

2402 E. Esplanade Ln.

PO Box 46424

Phoenix, Arizona 85063-6424

210-317-9800

Retzlaff@texas.net

June 28, 2020

The Honorable Mark Lane

U.S. Magistrate Judge

501 West 5th Street, Suite 7400 

Austin, Texas 78701

Re: Cause No. 1:20-MC-00657-LY; Van Dyke v. Retzlaff; in the U.S. 

District Court for the Western District of Texas.

NOTICE OF REOPENING OF DISCOVERY PERIOD & DEPOSITION NOTICE 

FOR JAMES MCGIBNEY

 

Dear Judge Lane:

I wish to make you aware of a recent development in state court 

litigation involving myself and plaintiff Jason Lee Van Dyke that is relevant 

to your decisions in this case here. Retzlaff v. Van Dyke, 431st District Court

of Denton County, Texas, Case # 20-2579-431.

As you know, former attorney Jason Lee Van Dyke just finished riding 

out a 12-month total state bar suspension after pleaded guilty to making 

repeated threats to murder me and my family. Based on a new grievance I 

filed, he is now suspended until Oct 31, 2021.

As you also know, Van Dyke is the leader of a violent white 

supremacist street gang that claims over 10,000 members which has been 

responsible for a series of violent political and racial assaults all across the 

country. In March of this year I was provided with an audio recording made 

by an FBI informant who went into Van Dyke’s home in Denton County and 

recorded Van Dyke and other members of this street gang plotting to 

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assassinate me, my attorney (Jeffrey Dorrell), a Dallas area dentist named Dr. 

Ryan Daniel, as well as a Denton City Councilwoman and a state bar 

prosecutor. As a result, I filed for a criminal order of protection pursuant to 

Texas Code of Criminal Procedure Chapter 7A.

The trial date has been canceled and the trial judge just signed the 

attached order re-opening up the discovery period.

The movant in the case before you, James McGibney, is a white 

supremacist and a close associate of Van Dyke. In a May 28th deposition, Van 

Dyke admitted to having weekly phone calls with McGibney going back to at 

least January of 2018. Furthermore, Van Dyke admitted to having received 

information and materials from McGibney about me and my family (which 

McGibney obtained from this FBI guy Walker Wicevich) which aided Van 

Dyke in his assassination plot to murder me, my lawyer (who is involved in 

defending me and several others a separate lawsuit McGibney filed against 

me in Fort Worth), and several others. Clearly this testimony and information 

is relevant to my criminal protective order case.

Furthermore, Van Dyke claims McGibney has evidence and testimony 

that support his claimed “affirmative defenses” to my criminal protective 

order case.

This evening I sent McGibney a letter requesting that he voluntarily 

accept a deposition subpoena for him. As you know from this federal case, 

McGibney evaded service of process for over three weeks – at great expense 

to myself – by him playing games with the process servers.

I have been told that in Texas any random person who is not a party to 

the case and is 18 years of age or older may serve a subpoena. That means, I 

suppose, that I could post an ad on Craigslist offering $1000 cash to the first 

person who is 18 years old or older and can get McGibney served, right? 

Which seems perfectly reasonable since it cost me much more than that in 

process server fees the last time around.

I do not know if you have any ability or authority to help here, but I 

thought I would ask. Any decision you make in this case could possibly affect 

my ability to compel McGibney’s testimony in other cases, you know. My 

Constitutional rights are at stake here, along with my ability to defend myself 

in these SLAPP lawsuits filed by drug addled lunatics. 

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Respectfully,

__________________

Thomas Retzlaff

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CERTIFICATE OF SERVICE

I certify that on June 30, 2020, a copy of this document was delivered 

to the US District Court Clerk’s office by the electronic dropbox, which will 

automatically serve a Notice of Electronic Filing on all parties of record.

__________________

Thomas Retzlaff

Case 1:20-mc-00657-LY-ML Document 24 Filed 06/30/20 Page 4 of 10
THOMAS RETZLAFF 

vs. 

CAUSE NO. 20-2579-431 

§ IN THE DISTRICT COURT 

431st JUDICIAL DISTRICT 

DENTON COUNTY, TEXAS 

§ 

§ 

§ 

JASON LEE VAN DYKE § 

SCHEDULING ORDER 

On this date, the Court considered the above entitled and numbered cause and ORDERED 

the following deadlines or settings on the Court's docket: 

July 31, 2020 @ 5:00 PM 

August 7, 2020@ 5:00 PM 

August 11, 2020@ 5:00 PM 

August 14, 2020@ 5:00 PM 

Deadline for completion of discovery. 

Deadline to file all pre-trial motions and request hearing 

(by submission of pleadings). Hearing request must 

specify the title of the motion, date filed, and be directed 

to the court administrator by the deadline. 

Deadline to file response (if any) to pre-trial motions 

that have been set for hearing (by submission of 

pleadings) per timely request. 

Deadline to file reply (if any) to response to pre-trial 

motions that have been set for hearing (by submission 

of pleadings) per timely request. 

Pre-trial hearing on any motions timely filed and set for 

hearing (by submission of pleadings) per timely request. 

September 2, 2020 @ 8:30 AM Trial before the Court (in person based upon the Court's 

prior findings) 

If the case is not reached for trial on the scheduled date, or cannot be tried in person due to 

the ongoing pandemic, a new trial date will be set. However, these deadlines will not be extended 

unless approved by the Court through the entry of a new scheduling order. 

SO ORDERED on June 30, 2020. 

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James McGibney

4305 Ridgebend Dr

Round Rock, TX 78665 June 30, 2020

Served via Texas e-Filing system

Re: Your deposition 

 Retzlaff v. Van Dyke, 

 431st District Court of Denton County

 Case # 20-2579-431

McGibney, 

As provided by Texas Rules of Civil Procedure 199.2(b)(5) and 

205.1(c), I got a deposition subpoena with your name on it! I just need to 

know whether or not you are going to play games, again, with the process 

servers and constables or if you will simply agree to accept your subpoena 

like a man?

The voluntary acceptance of the subpoena will not prevent you from 

filing a motion to quash. It just saves time and hassle. 

Attached is a list of things that I will want you to produce for your 

deposition so we can have something to talk about. Such as this social 

media post by you:

E-Served via EFile.TXCourts.gov on Case 1:20-mc-00657-LY-ML Document 24 Filed 06/30/20 Page 6 of 10 6/30/2020 9:22 PM
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I would like to know what it means for you to be a “central repository

for evidence collection” and I am deeply curious to see whether or not this 

Walker Wicevich guy is willing to sign a Declaration saying that he 

authorized you to receive child pornography and to share links with child 

pornography websites with others (such as your “hard hittin’ crew” whom 

you so often times brag about). Back when you had that @Bullyville twitter 

account, you would often times Tweet about how people were sending you 

child porn or links to child porn websites and about your “work” for the FBI.

As evidence by the above Tweet, you seem to like to refer a lot of 

people to the FBI for investigation and you brag about your association with 

them. Besides myself (of course), I am curious to find out how many others 

on your enemies list that you have referred to the FBI for investigation.

In any event, I need to know whether or not you are going to dick 

around with this or if you will simply accept the subpoena. Keep in mind 

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that I will be suing you for all the monies I have had to spend on those 

process servers for the three weeks you spent evading them and playing 

games. Under the law, I am absolutely entitled to compensation.

I need your answer ASAP.

Respectfully,

__________________

Thomas Retzlaff

2402 E. Esplanade Ln.

PO Box 46424

Phoenix, AZ 85063-6424

ph# 210-317-9800

Retzlaff@texas.net

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DOCUMENTS TO BE PRODUCED

1. All documents reflecting communications between you (or 

from any other 3rd party) and Jason Lee Van Dyke, to include 

all emails, text messages and any other form of communication 

(to include notes of any conversations), from January 1, 2014, 

to the date of your response.

2. All documents supporting a claim that Thomas Retzlaff is

the author of content on the “BV Files” blog located at

www.ViaViewFiles.net.

3. All documents supporting a claim that Thomas Retzlaff is an 

administrator of, or otherwise exercising control over, the BV 

Files blog.

4. All documents pertaining to any technical, scientific, or 

investigative methods you have used to determine that Thomas 

Retzlaff is an owner, administrator, author, or contributor of 

content to the “BV Files” blog located at 

www.ViaViewFiles.net.

5. Your most current resume.

6. All documents evidencing any computer technology and 

investigative training you have had, including college degrees, 

diplomas, certificates, or transcripts of course work.

7. All documents evidencing any special skills in computer

technology you claim to possess, including college degrees,

diplomas, certificates, or transcripts of course work.

8. All documents reflecting communications between you and

Philip Klein, including audio recordings, letters, reports, emails, text messages, and any other form of communication (to

include notes of any conversations), from January 1, 2014, to

the date of your response.

9. All documents reflecting communications between you and

Brittany Retzlaff, including audio recordings, letters, reports, eCase 1:20-mc-00657-LY-ML Document 24 Filed 06/30/20 Page 9 of 10
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mails, text messages, drafts of affidavits, interlineated 

comments on drafts of affidavits. and any other form of 

communication (to include notes of any conversations), from 

January 1, 2014, to the date of your response.

10. All documents reflecting communications between you and

Collin Retzlaff, including audio recordings, letters, reports, emails, text messages, drafts of affidavits, interlineated

comments on drafts of affidavits. and any other form of 

communication (to include notes of any conversations), from 

January 1, 2014, to the date of your response.

11. All communications between you and Walker Wicevich, including 

audio recordings, letters, reports, e-mails, text messages, and any 

other form of communication (to include notes of any 

conversations), from January 1, 2014, to the date of your response.

12. All communications between you and any representative of the FBI, 

including audio recordings, letters, reports, e-mails, text messages, 

and any other form of communication (to include notes of any 

conversations), from January 1, 2014, to the date of your response.

13. All communications referencing or pertaining to Thomas Retzlaff 

between you and any member of local, state, or federal law

enforcement.

14.Copies of any law enforcement reports, complaints, and 

communications, you have filed, submitted, or transmitted that 

reference or pertain to Thomas Retzlaff from January 1, 2014, to the 

date of your response.

15. All documents reflecting any surveillance activities performed by

you or at your request on Thomas Retzlaff or any of his family

members from January 1, 2014, to the date of your response.

16. All communications between you and any family member of Thomas 

Retzlaff, including audio recordings, letters, reports, e-mails, text 

messages, and any other form of communication (to include notes of

any conversations), from January 1, 2014, to the date of your 

response.

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