Fantastic ... Texas Supreme Court Asks Attorney To File Briefs on the Merits Of Our Cases ... The Good News Is They Didn't Throw It Out!

Texas Lottery
... Updates On The Fun 5's Lawsuit ...
A Texas Lottery Scratch Off

Watch this page for the latest news

A $508 Million Lawsuit Against G-Tech


brought to you by
The Lotto Report

Originally Posted: Oct 3,2014 - PM
Revised: Sept 29, 2018

Email Me

Fun 5's Scratch Ticket

The Attorney's Representing Texas Lottery Players Are
($508 Million TX Fun 5's Mass Action Lawsuit)

Manfred Sternberg

& Associates, P.C.
Attorneys at Law
4550 Post Oak Place, Suite 119
Houston, Texas 77027
Ph: 713-622-4300
Fax: 713-622-9899
Twitter: @sternberglaw

Richard L. LaGarde

LaGarde Law Firm, P.C.
Houston Office:
3000 Weslayan Ste. 380
Houston, TX 77027
(713) 993-0660 Phone
(713) 993-9007 Fax
Twitter: @lagardelaw
Complete form on their website

Mark Lanier (Steele Appeal)
6810 FM 1960 West
Houston, Texas 77069
(713) 659-5200

Peter Kelley (Nettles Appeal)
1005 Heights Blvd.
Houston, Texas 77008
(713) 529-0048


A Personal Look At Mary LaGarde - One of the Fun 5's Lawyers
A Woman With An Amazing Talent - read Dec 7, 2015 entry


Check Lotto Report's Fun 5's Site Map
for links to all postings, news stories & explanations.
Link below



- Previous Update Pages -
Fun 5's Update #3 Jan 26, 2016 - Dec 11, 2016 ... Click here
Fun 5's Update #2 Jan 29, 2015 - Dec 7, 2015 ... Click here
Fun 5's Update #1 Oct 3, 2014 - Dec 9, 2014 ...Click here


Editorial & Opinions by Dawn Nettles


Sept 29, 2018 - I received word late yesterday that the Texas Supreme Court has asked for briefs to be filed on
the merits of our case. This is true for my case (Nettles vs G-Tech) as well as the Austin Case (Steele vs G-Tech).
The good news is that they want more information - they didn't throw it out which is something G-Tech was hoping
would happen.

The attorney's predict it is possible that the Supreme Court will also call for oral testimony in January 2019.

As you all know, I've not been posting much because the Lawyers Blog has been keeping everyone up to date
with all that has transpired. So far, it's been all filings so there's not really much for me to say so I don't!

It's Election Time ... NOW Fun 5 Players Can Speak Up ...
Since I am writing, I do want to remind everyone that it is now ELECTION time and this is what we've been waiting for
to let our elected officials know how we feel regarding the action they took when we all contacted them to help us in 2014.
If you will recall, they told us that we didn't know how to read. For a quick, partial refresher on our communications to them,
read May and June entries on this page.

I was on the line with many of you when you spoke to either your rep and/or his/her representative.
In mailings and/or emails, I was copied by many of you then you shared the response you received in return.

In this posting I will only name those where I know first hand that they allowed our state run lottery to
NOT honor the face value of a scratch ticket. They turned their backs and hoped this issue would simply
go away. As you know, statewide candidates are the only ones we can ALL vote for so you will
have to check your own district to see if your State Rep and State Senator is still the same person you spoke
to and you will know if they helped you or not.

Two Senators in 2014, Dan Patrick and Ken Paxton are now on the statewide ballot. Both turned their backs
on us and their staffs were very rude. Ted Cruz, Pete Sessions and John Cornyn were contacted and all three
refused to get involved. Governor Greg Abbot also refused to help, rather he instructed Gary Grief to respond for him.

Do I need to remind you that these people are elected to work for and to protect the PEOPLE?

If you want to be heard, then speak with your VOTE in November. They hear votes! Don't let them get away with
allowing the Texas Lottery and G-Tech to sell deceptive tickets.

Jan 23, 2018 - Just thought I'd let you all know there's a big story in the Caller Times about the cases going to the
Supreme Court and how the Austin and Dallas Courts have ruled in our cases. Click here to read it.

Also I've made a "site map" for all the different Fun 5's posting on my site so you can easily find what you may be
looking for. This "Update page" and the new "Site Map" page will be the pages to watch in the future. I'm trying to fix
my main pages to reflect this one change. Click here to see the Fun 5's Site Map.

Jan 11, 2018 - We received fantastic news this morning - news that could affect lottery players world wide. The Austin Court
ruled today that G-Tech does NOT have Sovereign Immunity meaning they can be sued for wrong doing. Now it goes without
saying that G-Tech will most likely appeal this decision. But it just so happens I have faith and I firmly believe the Supreme Court
will uphold the lower courts decision. In the meantime, we have cause for believing our courts will not allow players to be lied
to and taken advantage of any longer.

The lawyers (Richard) have some details posted but are still reviewing the decision. Click here to see what's been posted thus far.

Read the Court of Appeals Opinion, click here (pdf)

Also, I just learned that there's a Texas Lottery Players Association who is fighting for a fair and honest lottery. My hats off to them.
You should all read their site. On the lawyers site, there a link to the South Carolina story which is what I just read that I found
very interesting. Anyway, click here to see for yourself. Everyone should join the Players Association - it's a great idea. Here's a
direct link to the Associations site with the SC story, click here)

August 6, 2017 - It goes without saying that I was extremely disappointed in the decision handed down by the Dallas Court.
Just the words, "the court affirm the trial court's order granting G-Tech plea" was an attention getter. As you all know,
this is my lawsuit against G-Tech. The Dallas ruling has absolutely no bearing on the Austin case.

I, like all of you, have been instructed by the attorneys to NOT comment about our lawsuits. So, unlike Trump, I will do
exactly as I've been told! <huge grin>

Instead, I'm just going to let the documents speak for themselves.

The Opinion and what's happened since ....
Here is the official ruling of the Dallas Appeals Court ....
Dallas Court of Appeals Opinion, click here

Then G-Tech attorney's immediately sent the following letter to the Austin Court advising them of the Dallas decision ....
G-Tech's Letter to Austin Court, click here

Finally, Mark Lanier, the attorney representing the 1500 Fun 5's lottery players, sent this letter to the Austin Courts explaining
how the 5th Circuit erred in their decision
Letter to Austin Appeals Court on behalf of the Fun 5's players, click here

On Friday, August 4, the following was filed with the Dallas Court by my attorneys.
Click here.

In concluding my comments -
IF G-Tech is given immunity from lawsuits, then lottery players world wide need to come together to outlaw all state lotteries. It
is not right that consumers have no recourse when they have been cheated. And there are MANY examples of players who were
cheated - here in TEXAS and across the US. The lotteries are out of control on giving players games that are not winnable - the
odds are to the extreme - not consumer friendly. Scratch tickets are out of control - all for the love of money.

April 22, 2017 - A couple of thing to say or share with you today. But first, NO, there is no ruling from
the Appeals Court. They have no deadlines or time frames - that's the rule of the law. But when there is
a ruling, I will post it immediately for ya'll.

The other day I read a very interesting bio on Manfred Sternberg. As I read it, it occurred to me that I don't think
I ever gave ya'll any personal information about Manfred. For that, I'm truly sorry. I should have told ya'll more about
our attorney's in the beginning. Anyway, I wanted to share his "life history" with ya'll so you can see the "human"
side of him - not just the "attorney" side. As you read it, you'll see how much he cares about what's in the
best interest of the People and I think you'll understand why he came to our rescue several years ago.
Click here to read Manfred's bio.

One last comment about Manfred .... anyone who spends their valuable time taking a service dog to a hospital to help
comfort others, speaks volumes about character. How fortunate can Texas Lottery players be in having such a human
being speaking for us?

Regarding Richard LaGarde - I think you've all come to know Richard quite well as he's given us all an insight through his
journey with leukemia. It takes courage to share his most intimate details - I can only imagine the thousands of
people he has helped with his writings.

I feel compelled to comment on one of Richard's latest postings - he titled it "Chemo Brain." He's describing
side effects which has to do with memory. Well, I've not had chemo but I can assure you that what he
described happens to me EVERY day without fail!!!

I realize there's nothing funny about side effects of chemo, but sometimes you just have to have a sense of humor.
He says that he gets up to go do something but forgets what he was going to do and why he got up. That's
not really funny but it happens to me at least 10 times per day and he described me very well!

Richard is strong - very strong - and he has a tremendous sense of humor. I hope that by sharing my
lack of memory will help him feel better. In his case, his memory will improve .... but mine .... well, I'm
just not sure my memory will ever get better!

Maybe Richard or Manfred will send me some personal info about Mark Lanier so I can share his
human side with ya'll too. And hopefully, the next time I write something, it'll be that the Appeals Court
issued an opinion.

Jan 24, 2017 - I know it feels like we've been forgotten, but that's far from the truth. In the Austin case,
oral testimony was given to the Appeals Court on October 26, 2016 so we're just waiting for the court to
issue their opinion. Everything stands still until that decision is given.

In my case, the 5th Court of Appeals heard oral testimony on Jan 11, 2017. So again, we can't move
forward until they issue their opinion.

I know many of you would like to know more about what goes on or what's said during oral arguments.
In Dallas, the Court posts a recording online of the actual hearing. If you would like to hear the arguments,
click here. Scroll down to "Case Events," then click on the January 11, 2017 link that's described
"Submitted." with an extension of "mp3/7158." You should find listening to the attorneys first hand
of great interest. The hearing was about 55 minutes long so that's how long the recording is.

As I write this message, the link is second on the list.

After you hear each argument presented, then you should read the "Post Submission" made to the
court. You can either click my link or the one on the courts page right above the "Submitted."

I am of the belief that the courts will do the right thing and hold G-Tech accountable. Clearly G-Tech
should not be entitled to sovereign immunity. - in my humble opinion - of course.

Ya'll be patient, that's the only thing you can do. We are at the mercy of the courts and so are
our attorneys. Have faith - Justice WILL Prevail!


Dec 11, 2016 - On Oct 26, 2016, oral arguments were heard by the Appeals Court in Austin
with regard to G-Tech claiming they have Sovereign Immunity and can NOT be sued. I firmly
believe the courts will NOT give G-Tech immunity. Consumers have rights but G-Tech thinks
otherwise. We are currently awaiting the courts decision.

In my case in Dallas, oral arguments will be heard in January 2017.

Neither case will move forward until the immunity issued is settled once and for all. We have the
finest attorneys representing us and I do believe we will prevail in the end. G-Tech has deep pockets
and will continue to drag this out as long as they can. Let's just hope that the courts do the
same thing to G-Tech as they did to Donald Trump. In November, the courts refused to
allow Trump to stall (postpone) his case again. This was the case where folks sued over
Trump's University.

Interestingly, as we all know, Mr. Trump settled quickly rather than to go to trial at that time.
To me, this is a sign of guilt!

More later.


Previous Update Pages
Fun 5's Update #3 Jan 26, 2016 - Dec 11, 2016 ... Click here
Fun 5's Update #2 Jan 29, 2015 - Dec 7, 2015 ... Click here
Fun 5's Update #1 Oct 3, 2014 - Dec 9, 2014 ...Click here

(The Fun 5's Update page was originally posted: Oct 3, 2014 - PM)

Related Fun 5's Links

What To Do If You Have A Money Bag
on Your Fun 5's Ticket
Read then DO IT ... Click here

Rule 202 Petition Filed In Travis County
This is NOT a lawsuit - We're asking for the
Courts to allow us to take depositions. Petition
is easy to read and understand. A great read!
Click here, pdf. Filing Receipt, click here to see.
Posted 10/16/14. Do keep making those calls ...

My Letter To The District Attorney
RE: Fun 5's Scratch Ticket

Click here, a pdf

Official Fun 5's Rule
If you want to know that much about it.
click here

Houston Attorney Shares A
Sample Demand Letter

that he sent to the Texas Lottery on behalf of his clients.
An interesting read. I do appreciate his sharing this letter
to help you understand your case from a legal standpoint.
Click here (pdf).

Media Coverage - Fun 5's
This is NOT all of them!

ABC - KTRK TV Houston
NBC - KXAS - Dallas
Houston Chronicle
Dallas Morning News
Kens5 - San Antonio - TV.
Dallas Observer
Click 2 - Houston
Fox News
Fox 7 - Austin
Austin American Statesman/Longview
Good Morning America (Can't find link)
Channel 11 TV - Fort Worth - 10/21/14
Courthouse News (10/21/14)
Houston Chronicle (10/23/14)
Dallas Morning News, (10/24/14)
Courthouse News, (10/24/14)
Dallas Morning News, (12/10/14)
Houston Chronicle, (12/10/14)
4 Traders (12/11/14)
Courthouse News (12/11/14)
News Journal (!2/12/14)
WacoTrib (AP) (12/11/14)
Time Warner News
Time Warner News.
USA Today, Caller Times, (01/23/18)


Texas Lotto Report
(All About the Texas Lottery)
Dawn Nettles
P. O. Box 495033
Garland, Texas 75049-5033
(972) 686-0660
(972) 681-1048 (Fax)

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