IMA North America, Inc. v. Marlyn Nutraceuticals, Inc.
| 2:2006cv00344 |
| January 26, 2006 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Lawrence O Anderson |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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The following documents for this case are available for you to view or download:
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Filing
178
JUDGMENT AGAINST GARNISHEE ON WRIT OF GARNISHMENT - IMA North American is granted judgment against Garnishee Bank of America, N.A. in the amount of $505,037.69, plus $132.87 for each day the Judgment is not paid after March 13, 2009. Garnis hee is granted Judgment against Marlyn Nutraceuticals, Inc in the amount of $150 for the preparation of its Answer, which amount may be paid out of Marlyn's Accounts. See PDF document for details. Signed by Magistrate Judge Lawrence O Anderson on 3/16/09. (LSP)
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Filing
163
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER directing the Clerk to enter a separate Judgment in favor of Plaintiff IMA North America, Inc and against Defendant Marlyn Nutraceuticals, Inc in the sum of $484,974.32 plus interest. IT IS FURTHER ORDERED awarding to IMA its reasonable attorneys' fees and reasonable non-taxable expenses. See PDF document for details. Signed by Magistrate Judge Lawrence O Anderson on 1/22/09. (LSP)
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Filing
155
ORDER - IT IS ORDERED that, except for Pla IMA North America's claim for unjust enrichment, the parties' 102 REPORT re: Rule 26(f) Planning Meeting (Joint Pretrial Statement), which the Court and parties treated as a pretrial order, is he reby amended to indicate that all claims and defenses, if any, in this litigation are controlled by Arizona's version of the U.C.C. The parties' written final arguments, proposed findings of fact and conclusions of law shall address the U.C .C. accordingly. FURTHER ORDERED that Pla IMA's conditional objection contained in 152 MEMORANDUM is hereby OVERRULED. The Court will consider Marlyn's rescission claim as one of rejection or revocation of acceptance under Arizona's U.C.C. provisions and IMA's breach of contract claim as an "[a]ction for the price" pursuant to A.R.S. § 47-2709 and other relevant provisions of Arizona's U.C.C.. Signed by Magistrate Judge Lawrence O Anderson on 11/17/08. (SAT)
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Filing
128
ORDER TO SHOW CAUSE that the parties shall show cause in writing why this Court should not consider Maryln's counterclaim seeking rescission of the subject contract to be one for rejection or revocation of acceptance pursuant to A.R.S. § 67; 47-2601, 47-2602, 47-2607(B), 47-2608 and 2714 in order to prevent manifest injustice; the parties shall file their responses on or before 11/7/2008 and optional replies to the adverse party's response by 11/14/08; that the Court's 10/2 2/08 oral order that Dft/Counterclaimant Maryln provide the Court with a memorandum of law on the issue of whether Arizona's version of the U.C.C. adopted or precluded the remedy of rescission is hereby VACATED. Signed by Magistrate Judge Lawrence O Anderson on 10/27/08. (ESL)
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Filing
122
ORDER granting 101 Plaintiff IMA North America Inc.'s Motion to Exclude the Report and Testimony of Damian Hillseth. Signed by Magistrate Judge Lawrence O Anderson on 10/17/08.(LSP)
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Filing
114
ORDER - Upon review of the parties' 113 Joint Motion to Continue, IT IS HEREBY ORDERED continuing the deadline to submit Proposed Findings of Fact and Conclusions of Law from 9/23/08 to 9/25/08. Signed by Magistrate Judge Lawrence O Anderson on 9/23/08.(SAT)
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Filing
94
ORDER Informal Rule 16(b) Scheduling Conference set for 2/26/2008 10:00 AM before Magistrate Judge Lawrence O Anderson.. Signed by Magistrate Judge Lawrence O Anderson on 2/1/08. (DMT, )
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