FOLLOW US

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.

Arizona Attorney Timothy D. Ducar, licensed attorney in Nevada & Arizona: Accused of fraud in federal court.
Nevada attorney Marjorie L. Hauf, licensed in Arizona & Nevada. Accused of fraud.

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.

USMC (retired) David Michael Ellis of Arizona, accused of fraudulent court filings

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 October 6, 2026
Tate Brothers Face Extradition Over Alleged…

The Tate Brothers—Andrew Tate and Tristan Tate—are facing a new…

By – Jackie Allen
America October 6, 2026
Russian Lab Worker’s Mystery Pneumonia Death…

WHY THIS CASE DESERVES ATTENTION A 28-year-old worker at Russia’s…

By – Samuel Lopez
America October 6, 2026
CIA Officer Stealing Gold Bars: David…

WASHINGTON — The case involving a former CIA official and…

By – Jackie Allen
America October 6, 2026
Vehicle Touching Occupying Suit Puts Michigan…

A hand resting on a truck could become the dividing…

By – Tyler Brooks
America October 6, 2026
Emera, ATCO CA$72B Canadian Utility Merger…

A massive transformation is taking shape in Canada’s utility sector…

By – Rachel Moore
America October 6, 2026
Energy Transfer $2.6B Vaquero Deal Expands…

Energy Transfer is making another major push into one of…

By – Rachel Moore
America October 6, 2026
Energy Transfer $2.6B Vaquero Deal Expands…

Energy Transfer is making another major push into one of…

By – Rachel Moore
America October 6, 2026
Uber’s $2.3B EzCater Buy Targets the…

Uber is making a major move beyond the individual meal…

By – Rachel Moore
America October 6, 2026
ICE Fines: Judge Halts Rule Behind…

BOSTON — A federal judge has halted a Trump administration…

By – Michallie Harrison
America October 6, 2026
SIAA Acquires Canopy in Specialty Insurance…

The insurance landscape is shifting again as SIAA Acquires Canopy,…

By – Tyler Brooks
America October 6, 2026
Diesel Tax Relief: Trump’s Order Could…

WASHINGTON — President Donald Trump’s new diesel tax relief order…

By – Michallie Harrison
America October 6, 2026
Why Did I Get $90 From…

Millions of older Americans are seeing an unexpected $90 deposit…

By – Tyler Brooks
America October 6, 2026
‘We are all Jane Doe’ Cornell…

More than 1,000 Cornell protestors marched across Cornell University’s Ithaca…

By – Jackie Allen
America October 6, 2026
Influencer Sara Gilson Murder-Suicide: 911 Call…

Influencer Sara Gilson was fatally shot by her estranged husband…

By – Jackie Allen
America October 5, 2026
Letitia James Takes Over Cornell 7…

New York Attorney General Letitia James is facing criticism over…

By – Jackie Allen
America October 4, 2026
Russia Plague Scare Follows Lab Worker’s…

A Russia plague scare has prompted medical monitoring and reported…

By – Michallie Harrison
America October 4, 2026
UFO Whistleblower David Grusch Makes Explosive…

A UFO whistleblower has made some of the most extraordinary…

By – Jackie Allen
America October 4, 2026
UFO Waiver: Pentagon Opens  Door for…

The new UFO Waiver issued by the Pentagon creates a…

By – Jackie Allen
America October 6, 2026
NASA Pushes Permanent Moon Base as…

WHAT READERS SHOULD WATCH NASA says astronauts are headed back…

By – Samuel Lopez
America October 5, 2026
DOJ Weaponization Report Exposes How Biden…

Inside the Bureaucracy Internal DOJ and FBI records prove career…

By – Samuel Lopez
America October 5, 2026
Cornell Rape Investigation Reopened As Netflix’s…

Key Takeaways New York Attorney General Letitia James has been…

By – Samuel Lopez
America October 4, 2026
OSHA Wants Overdose Reversal Kits at…

Inside OSHA’s Overdose Playbook for Employers OSHA wants naloxone kept…

By – Samuel Lopez
America October 4, 2026
Google Told Investors Gemini 3.5 Pro…

Key Takeaways A proposed securities class action filed Friday in…

By – Samuel Lopez
America October 4, 2026
Dollar Tree Wins Major Ruling in…

Key Takeaways A federal judge on Friday denied an attempt…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 2, 2026
Halle Berry Hit with Temporary Restraining…

What the Court Order Signals A Los Angeles judge granted…

By – Samuel Lopez
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter