FOLLOW US

Mon

August 3, 2026

America December 28, 2017 6 mins read

Attorneys Timothy Ducar & Margie Hauf Accused of Naming “Fake” Defendants in Federal Court

America ı By Jeff Watterson

0 Comments

Justice

USMC (retired) David Michael Ellis is back in court again. This time, the U.S. District Court of Nevada, with an alleged fraudulent filing submitted by his new attorneys Timothy D. Ducar of Arizona and Margie Hauf of Nevada.

Fake Defendants: A Deceptive Tactic Used to Obtain Judgments Against Very Real Defendants

Some attorneys rely on a legal "strategy" of submitting court documents on behalf of their clients to obtain judgments and/or other types of signed orders against "fake" defendants. By naming a “fake” defendant, the true defendant is not notified of the legal action. This "strategy" used by plaintiff attorneys means that the true defendant generally won't file a defense or any sort of response. So, the plaintiff is free to move forward with obtaining a default judgment or other court order.

Brent Oesterblad: An Alleged Victim of the Fake Defendant Strategy

Brent Oesterblad, of Arizona, claims that he was victimized by being named as a fake defendant by Major David Micheal Ellis (USMC, retired) and his Nevada filing.

Oesterblad Accuses Ellis' Attorneys of Fraudulent Harassment

The foundation for this case begins not in Nevada, but in U.S. District Court in Arizona. That particular case was set before the Honorable Susan R. Bolton.

On December 21, 2017, Brent Oesterblad responded to the Ellis' latest use of the judicial system when he filed counter objections to the alleged fraudulent filing in Nevada. Oesterblad brought the documents (and lawsuit) filed by Ellis' attorneys, Timothy Ducar and Marjorie Hauf, to the attention of Judge Bolton of the U.S. District Court District of Arizona. In his response, Oesterblad claims David Ellis, with the assistance of attorneys Timothy Ducar and Marjorie Hauf, engaged in “fraudulent” harassment.

Ellis Allegedly Abused the Judicial System for Years

According to court filings, the Nevada filing constituted the continuation of an “agenda” incorporating “abuse of process” of the judicial system by David Michael Ellis that occurred over many years.

Oesterblad was available to discuss his filing in the Arizona Federal Court.  When asked how he learned of the Nevada filing, he stated, “It came completely from left field. I was having a business discussion with a third-party who took the opportunity to pepper in an inquiry ‘What’s with the Nevada Federal Court Writ of Garnishment against you?’ You can imagine my response being that I had no idea what was being referred to as I had no dealings in Nevada either personal or business.”

According to Oesterblad, he accessed the Federal Court PACER system to search for the referenced document. To his dismay, Oesterblad learned what Ellis and his attorneys, Timothy Ducar and Marjorie Hauf, filed in Nevada. According to the PACER documents he retrieved through a basic search of the system, Oesterblad was the sole “Defendant.” However, when searching PACER on just his name, the Nevada filing result makes no mention of him.

According to Oesterblad, without his name listed, there would be no way for service to be attempted or properly executed. Although he was listed as the sole “defendant,” there was no address provided.  It would be “ludicrous for Ellis to claim after our years of litigation that he did not have contact information he could provide his attorneys,” Oesterblad told USA Herald.

Why Did Oesterblad File with the Arizona Federal Court?

Since Oesterblad was the defendant in a case filed in Nevada, why did he file a lawsuit in Arizona?

According to Oesterblad, he filed in Arizona was to document the alleged  “fraudulent” filing and abuse of process in what was, in his opinion, a clear case of David Ellis utilizing Oesterblad’s name as a “fake” Defendant.

Does David Ellis Have a Connection to the Kelly/Warner Law Firm?

In a separate matter before the Arizona Superior Court, there are allegations against alleged the Kelly/Warner Law firm “ex-employee” Barri Grossman. Those claims and allegations are directly associated with work duties involving the firm's websites and its online postings.

As part of the Grossman case, David Ellis submitted a 200-page document that coordinated with information from the Kelly/Warner Law firm. The David Ellis filing in the Grossman case was subsequently denied and summarily stricken from the record.

USA Herald previously published numerous articles concerning attorney Daniel Warner and Aaron Kelly, the partners of Kelly Warner Law. Both Daniel Warner and Aaron Kelly were the targets of an extensive investigation by the State Bar of Arizona for their alleged involvement in filing cases with fake defendants and notorizations.

The results of the investigation: The Attorney Discipline Probable Cause Committee of the Supreme Court of Arizona voted 8 – 0 vote in issuing a Probable Cause Order for misoncudct. The allegations against Warner and Kelly will be heard before the Arizona Supreme Court in the future. (Stay tuned - we'll update you as the case develops.)

Oesterblad: Ellis and Kelly Warner Law Illustrates Pattern of Harassment

Oesterblad asserted in his legal filings that the relationship between Ellis and Kelly Warner Law, along with the pattern of harassment and “fake” Defendants, create an abuse of process that isn't a coincidence. The Nevada filing, Oesterblad argued, was willful “fraudulent” abuse of process involving him as the sole “fake” Defendant to pursue a Writ of Garnishment against another party in a clandestine manner. Oesterblad stated “Ellis pursuing legal action against the real person shouldn’t be any of my business or concern.

 

Court Dismissed Ellis' Claims Against Oesterblad

The Court dismissed all claims by David Ellis against Oesterblad. Time will tell if the courts begin to take the “fake” Defendant filings seriously.

With an 8 - 0 vote for probable cause of misconduct filed against Attorney Warner and Aarron Kelly, an official complaint is now forthcoming and could lead to sanctions such as disbarment.

The connection between David Ellis and the Kelly Warner Law firm is being investigated further by the USA Herald.   Stay tuned for updates.

**this story was originally edited by Robin Bull and has been updated by Jeff Watterson**

Previous Article

GOP Lawmaker Calls on Mueller to Step Aside from Russia Probe

Read More
100 Posts

Jeff Watterson

Jeff Watterson is a journalist that focuses on politics, investigative journalism, and technology news. When Jeff is not writing, which is his hobby, he enjoys fishing and hunting.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 01, 2026
Westinghouse Electric Files for IPO
By – Rihem Akkouche
America July 31, 2026
Kean University Hit With Class Claims Over Data Breach
By – Rihem Akkouche
America July 31, 2026
Space-Eyes to Go Public in $638 Million SPAC Merger
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 31, 2026
Alimentation Couche-Tard Inks $8.6B Deal For…

Alimentation Couche-Tard Inc. just made its boldest move yet, announcing…

By – Rihem Akkouche
America July 31, 2026
Netflix sued for $105M over stolen…

An unreleased World War II spy film starring Nicolas Cage…

By – Rihem Akkouche
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
High Profile Court Cases July 31, 2026
Colin Gray Gets 15 Years After…

Colin Gray received a 15-year prison sentence Thursday, far below…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America July 28, 2026
Lindsey Graham Remembered by Trump as…

 WASHINGTON — President Donald Trump remembered Lindsey Graham as a…

By – Jackie Allen
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 26, 2026
Kacy Corso Pleads in the Stony…

Kacy Corso, 34, of East Setauket, pleaded guilty in July…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Lululemon Murder: Part II — Forensic…

Editor’s Note: This is Part II of an ongoing series…

By – Jackie Allen
America July 24, 2026
Lululemon Murder: Brutal Killing of Jayna…

More than 15 years after a young retail manager was…

By – Jackie Allen
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Defense Lawyers Warned: Use AI or…

INSIDE THIS REPORT Defense lawyers are being urged to adopt…

By – Samuel Lopez
America July 30, 2026
Could Diddy Still Cooperate? Federal Law…

INSIDE THIS REPORT A federal prison sentence does not necessarily…

By – Samuel Lopez
Entertainment July 29, 2026
Children of Blood and Bone Author…

Paramount Pictures is promoting the Children of Blood and Bone…

By – Michallie Harrison
America July 29, 2026
Grant Thornton To Buy CBIZ in…

In a move poised to redraw the map of the…

By – Rihem Akkouche
America July 29, 2026
Avi Loeb, Trump’s Handpicked UFO Chief,…

Inside This Report Avi Loeb once petitioned the United Nations…

By – Samuel Lopez
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter