United States of America v. 5.62 Acres of Land et al
Plaintiff: United States of America
Defendant: Trust 18223-T, Landmark Title Assurance Agency and 5.62 Acres of Land
Case Number: 4:2013cv00198
Filed: March 25, 2013
Court: US District Court for the District of Arizona
Office: Tucson Division Office
County: Santa Cruz
Presiding Judge: David C Bury
Nature of Suit: Real Property: Land Condemnation
Cause of Action: 28 U.S.C. § 1358
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 6, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2017 Disbursement made in accordance with #173 Order payable to Stubbs & Schubart, P.C. in Trust for Landmark Title Assurance Agency of Arizona LLC, under Trust 18223-T in the amount of $140,000.00, check number 71683602.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DBG)
June 5, 2017 Opinion or Order Filing 177 ORDER that the Petition to Show Cause (CV 13-198 TUC DCB) is DENIED AS MOOT. Signed by Senior Judge David C Bury on 6/1/2017. (SIB)
May 30, 2017 Filing 176 MOTION for Order to Show Cause by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas)
May 23, 2017 Filing 175 CLERK'S RECEIPT: Deposit in the sum of $140,000.00. (SIB)
May 23, 2017 Filing 174 NOTICE re: Additional Deposit by United States of America re: #173 Order . (Muenzen, Kristin)
March 27, 2017 Opinion or Order Filing 173 AMENDED ORDER (STIPULATED FINAL JUDGMENT) granting #171 Joint Motion for entry of the Stipulated Judgment. Judgment shall be and hereby is entered against the United States in the amount of $147,650, inclusive of interest and costs. Signed by Senior Judge David C Bury on 3/24/2017. (See attached Order for details) (KEP)
March 21, 2017 Opinion or Order Filing 172 (AMENDED BY DOC #173 ) ORDER granting #171 Joint Motion for entry of the Stipulated Judgment. Judgment shall be and hereby is entered against the United States in the amount of $147,650, inclusive of interest and costs. Upon entry of this Stipulated Final Judgment, the United States shall pay into the registry of the Court the deficiency amount of $140,000. Upon the Court's entry of this Stipulated Final Judgment and the United States' deposit of $140,000 into the registry of the Court, in accord with this stipulation of just compensation, the Clerk of the Court shall without further order immediately distribute such deposit to Defendant Landmark Title Assurance Agency of Arizona, an Arizona LLC under Trust 18223-T, with check payable to: Stubbs & Schubart, P.C. in Trust for Landmark Title Assurance Agency of Arizona LLC, under Trust 18223-T. Signed by Senior Judge David C Bury on 3/21/2017. (SEE ORDER FOR FURTHER DETAILS) (DPS) Modified on 3/27/2017 (KEP).
March 10, 2017 Filing 171 Joint MOTION for Judgment Stipulated Joint Motion to Approve Stipulated Final Judgment by United States of America. (Attachments: #1 Exhibit Stipulated Final Judgment)(Muenzen, Kristin)
March 1, 2017 Opinion or Order Filing 170 ORDERED that the case is dismissed without prejudice, and the Clerk of the Court shall close it. It is further ordered that the parties shall file the appropriate dismissal documents within 30 days of the filing of this Order. Signed by Senior Judge David C Bury on 3/1/2017. (BAR)
February 22, 2017 Opinion or Order Filing 169 ORDER granting #168 Joint Motion to Extend Pretrial Deadlines. The Pretrial Deadlines shall be extended to February 28, 2017. Signed by Senior Judge David C Bury on 2/22/2017. (SIB)
February 21, 2017 Filing 168 MOTION Joint Motion to Extend Pretrial Deadlines by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas)
January 20, 2017 Filing 167 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Settlement Conference held on 1/20/2017. The parties have not reached a settlement at this time. Hearing held 9:00 AM to 1:00 PM.(DLC)
January 19, 2017 Filing 166 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Settlement Conference held on 1/19/2017. The parties will reconvene for further negotiations on January 20, 2017. Hearing held 9:30 AM to 6:00 PM.(DLC)
November 30, 2016 Opinion or Order Filing 165 ORDER: This matter is set for a jury trial on damages only on Monday, March 13, 2017, at 9:30 a.m. for a 10 day trial. The parties' Joint Proposed Pretrial Orders (CV 13-198-TUC-DCB (Doc. #155 ); CV 13-441-TUC-DCB (Doc. 154); CV 13-443-TUC-DCB (Doc. 133); CV 13-480-TUC-DCB (Doc. 129)) are approved, adopted and incorporated herein by reference. Pretrial Conference set for Monday, March 6, 2017, at 1:30 p.m. in Courtroom 6B, Sixth Floor, Evo A. DeConcini United States Courthouse, 405 W. Congress Street, Tucson, Arizona. Signed by Senior Judge David C Bury on 11/30/2016. (see Order for additional details) (SIB) Modified to include Pretrial Conference details on 12/1/2016 (SIB).
November 29, 2016 Filing 164 MINUTE ENTRY for Initial Pretrial Conference held on 11/29/2016 before Senior Judge David C Bury. This civil matter and CV 13-441-DCB, CV 13-443-DCB and CV 13-480-DCB shall be consolidated for purposes of trial only. Jury trial to be held as to damages only. A formal order shall follow. (Court Reporter Dianne Davenport) Hearing held 1:30 p.m. to 2:02 p.m.(MLH)
November 28, 2016 Opinion or Order Filing 163 ORDER denying #150 Motion to Strike. IT IS FURTHER ORDERED that the Motion to consolidate for Trial, View Properties, and Appoint Commission (CV 13-198 TUC DCB (Doc. 156)) is GRANTED IN PART AND DENIED IN PART, as follows: 1) The appointment of a commission for trial is DENIED; 2) The cases are consolidated for the purpose of trial only, with judgments to be entered separately in each case; and 3) The request for viewing is denied without prejudice to being reurged at the time of trial. Signed by Senior Judge David C Bury on 11/21/2016. (SIB)
November 14, 2016 Opinion or Order Filing 162 ORDER that these matters are set for a SETTLEMENT CONFERENCE beginning at 9:30 a.m., Thursday, January 19, 2017 and Friday, January 20, 2017 before the Honorable Bruce G. Macdonald. The parties shall meet at the Evo A. DeConcini United States Courthouse, Courtroom 3C. IT IS FURTHER ORDERED that lead trial counsel and a representative of Defendants with settlement authority attend the settlement conference. If the parties have any questions or concerns prior to the conference, please contact my law clerk. Signed by Magistrate Judge Bruce G Macdonald on 11/10/2016. (see Order for more details) (SIB)
October 31, 2016 Filing 161 REPORT of Settlement Talks/Discussions Joint Settlement Status Report by United States of America. (Kastner, Daniel)
October 14, 2016 Opinion or Order Filing 160 ORDER, Pretrial Conference reset for 11/29/2016 at 01:30 PM before Senior Judge David C Bury. Signed by Senior Judge David C Bury on 10/14/16. (KAH)
October 13, 2016 Filing 159 REPLY to Response to Motion re: #156 MOTION in Limine re: Consolidation, Property View, Commission Request Motion to Consolidate Cases for Trial, View Properties and Appoint Commission United States' Reply in Support of Motion to Consolidate Cases for Trial, View Properties, and Appoint Commission filed by United States of America. (Kastner, Daniel)
October 3, 2016 Filing 158 RESPONSE in Opposition re: #156 MOTION in Limine re: Consolidation, Property View, Commission Request Motion to Consolidate Cases for Trial, View Properties and Appoint Commission filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A-Email from A. Abreu)(Talwar, Rohit)
September 27, 2016 Opinion or Order Filing 157 ORDER: IT IS ORDERED that a Pretrial Conference is set on Monday, 11/14/2016, at 1:00 p.m. IT IS FURTHER ORDERED that the Pretrial Conference shall be held before the Honorable David C. Bury in Courtroom 6B, Sixth Floor, Evo A. DeConcini United States Courthouse, 405 W. Congress Street, Tucson, Arizona. IT IS FURTHER ORDERED that the Court shall also hear oral argument on the pending discovery motion and the motion for consolidation of the trial, property viewing, and to appoint a commission to determine just compensation. Signed by Senior Judge David C Bury on 9/26/2016. (DLC)
September 16, 2016 Filing 156 MOTION in Limine re: Consolidation, Property View, Commission Request Motion to Consolidate Cases for Trial, View Properties and Appoint Commission by United States of America. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Kastner, Daniel)
September 8, 2016 Filing 155 NOTICE of Filing - Proposed Pretrial Order filed by United States of America Joint Proposed Pretrial Order. (Attachments: #1 Appendix)(Kastner, Daniel)
August 30, 2016 Opinion or Order Filing 154 ORDER granting #152 Motion for Extension of Time to File Joint Pretrial Order to: September 8, 2016. Ordered by Senior Judge David C Bury. (DCB, gb)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
August 29, 2016 Filing 153 REPLY to Response to Motion re: #150 MOTION to Strike Defendants' Eleventh Supplemental Disclosure United States' Reply in Support of Its Motion to Strike Defendants' Eleventh Supplemental Disclosure filed by United States of America. (Kastner, Daniel)
August 23, 2016 Filing 152 MOTION for Extension of Time to File Joint Pretrial Order by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas)
August 19, 2016 Filing 151 RESPONSE in Opposition re: #150 MOTION to Strike Defendants' Eleventh Supplemental Disclosure filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Talwar, Rohit)
August 2, 2016 Filing 150 MOTION to Strike Defendants' Eleventh Supplemental Disclosure by United States of America. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order Proposed Order)(Kastner, Daniel)
August 1, 2016 Filing 149 REPORT of Settlement Talks/Discussions Joint Settlement Status Report by United States of America. (Kastner, Daniel)
July 26, 2016 Opinion or Order Filing 148 ORDER granting #135 Motion to Strike Defendants' Supplemental Expert Reports and Supplemental Disclosure Statement; granting #145 Motion to Strike Supplemental Expert Disclosures. The Pretrial Orders are due within 30 days ofthe filing date of this Order. Signed by Senior Judge David C Bury on 7/22/2016. (See Order for complete details) (DPS)
July 25, 2016 Filing 147 REPLY to Response to Motion re: #145 MOTION to Strike Supplemental Expert Disclosures United States' Reply in Support of Motion to Strike Defendants' Supplemental Expert Disclosures filed by United States of America. (Kastner, Daniel)
July 14, 2016 Filing 146 RESPONSE in Opposition re: #145 MOTION to Strike Supplemental Expert Disclosures filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A-Sanders Appraisal Excerpt, #2 Exhibit B-Baker Deposition Excerpt, #3 Exhibit C-Baker Appraisal Excerpt, #4 Exhibit D-Baker Review of Sanders Excerpt)(Talwar, Rohit)
June 27, 2016 Filing 145 MOTION to Strike Supplemental Expert Disclosures by United States of America. (Attachments: #1 Exhibit Exhibit 1 (Part A), #2 Exhibit Exhibit 1 (Part B), #3 Exhibit Exhibit 1 (Part C), #4 Text of Proposed Order Proposed Order)(Kastner, Daniel)
May 31, 2016 Filing 144 REPLY to Response to Motion re: #135 MOTION to Strike Defendant's Supplemental Expert Reports and Tenth Supplemental Disclosure Statement filed by United States of America. (Kastner, Daniel)
May 27, 2016 Opinion or Order Filing 143 ORDER granting #142 Motion for Leave to File Reply to Support Motion to Strike. Ordered by Senior Judge David C Bury. (DCB, gb) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
May 27, 2016 Filing 142 MOTION for Leave to File Reply for Motion to Strike by United States of America. (Attachments: #1 Exhibit Reply to Motion to Strike Supplemental Expert Report and Disclosures)(Kastner, Daniel)
May 12, 2016 Opinion or Order Filing 141 ORDER granting #139 Motion to Set Aside. Part of the Order (Doc. #138 ) granting Plaintiff's Motion to Strike is vacated. The Motion to Strike (Doc. #135 ) remains pending. Signed by Senior Judge David C Bury on 5/11/2016. (DPS)
May 2, 2016 Filing 140 REPORT of Settlement Talks/Discussions Joint Settlement Status Report by United States of America. (Kastner, Daniel)
May 2, 2016 Filing 139 MOTION to Set Aside #138 Order Adopting Report and Recommendation by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Talwar, Rohit)
April 29, 2016 Opinion or Order Filing 138 *Vacating the ruling on Motion to Strike per doc #141 ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that the #114 Report and Recommendation is ADOPTED IN PART AND REJECTED IN PART. The #122 Motion to Modify in Part and Adopt in Part shall be treated as an Objection and, accordingly, DENIED AS MOOT. Plaintiff's #71 Motion in Limine to Exclude After Sales and Listings is DENIED and individual listing evidence may not be presented to the jury, but Sanders may rely on this evidence to form his opinions. Plaintiff's #72 Motion in Limine to Exclude Lost Profits is GRANTED. Plaintiff's #73 Motion in Limine to Exclude Non-Compensable Severance Damages is DENIED. Plaintiff's #74 Motion in Limine to Exclude Impact Opinions of Defendants Experts Drake and Sanders is DENIED. Defendant's #75 Motion in Limine to Exclude Testimony of Baker and Alternatively his Non-expert Survey and Paired Sale Analysis of Cell Towers is DENIED, pursuant to the R&R. Defendant's #76 Motion in Limine to Exclude Any Evidence, Testimony or Argument Regarding Nominal Use is DENIED, pursuant to the R&R. Defendant's #77 Motion in Limine to Exclude any Evidence Testimony or Argument Regarding Title 8 U.S.C. 1357 is DENIED, pursuant to the R&R. The motions to set hearings are GRANTED as follows: (Doc. 136): CV 13-198 TUC DCB; (Doc. 118): CV 13-441 TUC-DCB; (Doc. 112): CV 13-443 TUC-DCB, and (Doc. 92): CV 13-480-TUC DCB. Defendants Supplements are STRICKEN by granting the motions, as follows: (Doc. 135): CV 13-198 TUC DCB; (Doc. 115): CV 13-441 TUC DCB; (Doc. 111): CV 13-443 TUC DCB, and (Doc. 90): CV 13-480 TUC DCB. (See attached PDF for complete information). Signed by Senior Judge David C Bury on 4/29/16.(BAC) *Modified to reflect part of this Order was vacated per Order #141 on 5/12/2016 (DPS).
April 29, 2016 Filing 137 RESPONSE in Opposition re: #135 MOTION to Strike Defendant's Supplemental Expert Reports and Tenth Supplemental Disclosure Statement filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A-Sanders Deposition, #2 Exhibit B-2nd Request for Production, #3 Exhibit C-1st Request for Production, #4 Exhibit D-Emails, #5 Exhibit E-Design Analysis, #6 Exhibit F-Drake Email, #7 Exhibit G-Baker Appraisal, #8 Exhibit H-Baker Review)(Talwar, Rohit)
April 18, 2016 Filing 136 MOTION for Hearing or Conference re: Joint Motion to Set Hearing and Pretrial Order Dates by United States of America. (Attachments: #1 Text of Proposed Order)(Kastner, Daniel)
April 12, 2016 Filing 135 MOTION to Strike Defendant's Supplemental Expert Reports and Tenth Supplemental Disclosure Statement by United States of America. (Attachments: #1 Exhibit Ex. 1 - Landmark Disclosure of Supplemental Expert Appraisal Report & Updated Report, #2 Exhibit Ex. 2 - Landmark's 10th Supplemental Disclosure Statement, #3 Text of Proposed Order Proposed Order)(Muenzen, Kristin)
April 8, 2016 Filing 134 REPLY to Response to Motion re: #122 MOTION United States' Reply in Support of Motion to Modify in Part and Adopt in Part Report and Recommendation filed by United States of America. (Muenzen, Kristin)
April 7, 2016 Opinion or Order Filing 133 ORDER: The Clerk of the Court shall remove the referral to Magistrate Judge Macdonald in this case. The Court hereby transfers this case to Senior District Court Judge David C. Bury. All future filings shall bear the caption CV 13-198-TUC-DCB. Signed by Judge James A Soto on 4/7/2016. (DPS)
April 7, 2016 Opinion or Order Filing 132 ORDER granting #131 Plaintiff's Unopposed Motion. Plaintiff may add Kevin Hecht to the United States' Rule 26(a) disclosures. Signed by Judge James A Soto on 4/7/2016. (DPS)
April 1, 2016 Filing 131 MOTION for Disclosure to Add Kevin Hecht to the United States' Rule 26(a) Disclosures by United States of America. (Attachments: #1 Exhibit Ex. 1 - 4th Supp Disclosures, #2 Text of Proposed Order Proposed Order)(Kastner, Daniel)
March 31, 2016 Opinion or Order Filing 130 ORDER granting #129 Motion for Leave to File. Signed by Judge James A Soto on 3/31/16.
March 31, 2016 Filing 129 MOTION for Leave to File Motion for Leave to File a Reply in Support of United States' Motion to Modify in Part and Adopt in Part Report and Recommendation by United States of America. (Attachments: #1 Text of Proposed Order)(Kastner, Daniel)
March 25, 2016 Filing 128 REPLY TO OBJECTION to #114 Report and Recommendation filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A-Transcript, #2 Exhibit B-Carmencita Ruling, #3 Exhibit C-Drake Report)(Talwar, Rohit)
March 10, 2016 Filing 127 TRANSCRIPT REQUEST by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T for proceedings held on 1/29/2016, Magistrate Judge Bruce G Macdonald hearing judge(s). (Talwar, Rohit)
March 10, 2016 Opinion or Order Filing 126 ORDER: Defendants, 5.62 Acres of Land and Landmark Title Assurance Agency of Arizona under Trust 18223-T may file responses to the United States' Motion to Modify in Part and Adopt in Part Report and Recommendation not to exceed 20 pages. In addition, Defendants' motion for an extension of time (Doc. #125 ) is granted. Signed by Judge James A Soto on 3/10/2016.(DLC)
March 9, 2016 Filing 125 *MOTION for Extension of Time to File Response/Reply re: #122 MOTION to Modify in Part and Adopt in Part Report and Recommendation doc. #114 by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Talwar, Rohit) *Modified to correct motion type and to correct reference to related document on 3/10/2016 (MFR).
March 9, 2016 Filing 124 MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Talwar, Rohit)
March 8, 2016 Filing 123 NOTICE of Appearance by Rohit Talwar on behalf of 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Talwar, Rohit)
March 4, 2016 Filing 122 *MOTION to Modify in Part and Adopt in Part Report and Recommendation doc. #114 filed by United States of America. (Muenzen, Kristin) *Modified to add motion type on 3/7/2016 (DLC).
March 2, 2016 Filing 121 NOTICE OF ATTORNEY APPEARANCE: Daniel W. Kastner appearing for United States of America. . (Kastner, Daniel)
February 23, 2016 Filing 120 TRANSCRIPT of MOTIONS IN LIMINE held on 1/29/2016, before Judge BRUCE G. MACDONALD. Transcriber Cindy J. Shearman. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/15/2016. Redacted Transcript Deadline set for 3/25/2016. Release of Transcript Restriction set for 5/23/2016. (CSL)
February 23, 2016 Opinion or Order Filing 119 ORDER granting #118 Motion for Leave to File Excess Pages. IT IS HEREBY ORDERED that the United States may submit objections to the Report and Recommendation not to exceed 20 pages. Signed by Judge James A Soto on 2/22/2016.(DLC)
February 22, 2016 Filing 118 MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit by United States of America. (Attachments: #1 Text of Proposed Order Proposed Order)(Muenzen, Kristin)
February 17, 2016 Filing 117 TRANSCRIPT REQUEST by United States of America for proceedings held on 1/29/2016, Magistrate Judge Bruce G Macdonald hearing judge(s). (Muenzen, Kristin)
February 11, 2016 Opinion or Order Filing 116 ORDER that the United States' #115 Motion for Extension of Time to submit objections to the Magistrates February 4,2016 Report and Recommendation is fair, reasonable, and just. The United States may submit objections to the Report and Recommendation by March 4, 2016. Signed by Judge James A Soto on 2/10/2016. (KEP)
February 5, 2016 Filing 115 *MOTION for Extension of Time For Objections To The Magistrate's February 4, 2016 #114 Report and Recommendation by United States of America. (Attachments: #1 Text of Proposed Order)(Muenzen, Kristin) *Modified to correct reference to related document on 2/8/2016 (KEP).
February 4, 2016 Filing 114 REPORT AND RECOMMENDATION re: #73 MOTION in Limine to Exclude Non-Compensable Severance Damages filed by United States of America, #77 MOTION in Limine re: TO EXCLUDE ANY EVIDENCE, TESTIMONY OR ARGUMENT REGARDING TITLE 8 USC 1357 filed by 5.62 Acres of Land, Trust 18223-T, Landmark Title Assurance Agency, #76 MOTION in Limine re: TO EXCLUDE ANY EVIDENCE, TESTIMONY OR ARGUMENT REGARDING NOMINAL USE filed by 5.62 Acres of Land, Trust 18223-T, Landmark Title Assurance Agency, #74 MOTION in Limine to Exclude Impact Opnions of Defendants' Experts Peter Drake and Jim Sanders filed by United States of America, #75 MOTION in Limine re: TO EXCLUDE THE TESTIMONY OF THOMAS BAKER AND ALTERNATIVELY HIS NON-EXPERT SURVEY AND PAIRED SALE ANALYSIS OF CELL TOWERS filed by 5.62 Acres of Land, Trust 18223-T, Landmark Title Assurance Agency, #72 MOTION in Limine to Exclude Defendants' Claim to Lost Profits filed by United States of America, #71 MOTION in Limine to Exclude Defendants' After Sales and Listings filed by United States of America. Signed by Magistrate Judge Bruce G Macdonald on 2/4/2016. (DLC)
February 4, 2016 NOTICE of request for e-notices by Janet K. Martin. (Martin, Janet)
February 1, 2016 Filing 113 STATUS REPORT Joint Settlement Status Report by United States of America. (Muenzen, Kristin)
January 29, 2016 Filing 112 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Motion Hearing held on 1/29/2016. Argument heard. The Court takes the 7 pending MOTIONS IN LIMINE UNDER ADVISEMENT: #71 , #72 , #73 , #74 , #75 , #76 , and #77 Motions in Limine. (Recorded by COURTSMART.) Hearing held 1:35 pm to 3:35 pm.(BHA)
December 24, 2015 Opinion or Order Filing 111 ORDER Currently pending before the Court are the #71 Government's Motion in Limine to Exclude Defendants' After Sales and Listings; #72 Motion to Exclude Defendants' Claim of Lost Profits; #73 Motion in Limine to Exclude Non-Compensable Severance Damages; and #74 Motion in Limine to Exclude Impact Opinions of Defendants' Experts Peter Drake and Jim Sanders and #75 Defendants' Motion in Limine to Exclude the Testimony of Thomas Baker and Alternatively His Non-Expert Survey and Paired Sale Analysis of Cell Towers; #76 Motion in Limine to Exclude Any Evidence, Testimony or Argument Regarding Nominal Use; and #77 Motion in Limine to Exclude Any Evidence, Testimony or Argument Regarding Title 8 U.S.C. 1357. Motion Hearing set for 1/29/2016 at 01:30 PM in Courtroom 3C, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Bruce G Macdonald. Signed by Magistrate Judge Bruce G Macdonald on 12/23/2015. (KEP)
November 2, 2015 Filing 110 REPORT of Settlement Talks/Discussions Joint Settlement Status Report by United States of America. (Muenzen, Kristin)
November 2, 2015 Filing 109 NOTICE OF ATTORNEY SUBSTITUTION: Kristin R. Muenzen appearing for United States of America. Attorney Alejandro Alberto Abreu terminated. . (Muenzen, Kristin)
September 25, 2015 Opinion or Order Filing 108 ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Macdonald's #89 Report and Recommendation is accepted and adopted. Plaintiff's #68 Motion for consolidation is denied. Signed by Judge James A Soto on 9/25/2015. (KEP)
September 10, 2015 Filing 107 REPLY TO OBJECTION to #89 Report and Recommendation filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Parsons, Thomas)
August 27, 2015 Filing 106 OBJECTION to #89 Report and Recommendation filed by United States of America. (Abreu, Alejandro)
August 26, 2015 Filing 105 SUPPLEMENT Notice of Filing Supplemental Exhibit to Reply to Opposition to Motion in Limine to Exclude any Evidence, Testimony or Argument Regarding Title 8 USC 1357 re: #103 Reply to Response to Motion by Defendants 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit C)(Parsons, Thomas)
August 26, 2015 Filing 104 SUPPLEMENT Notice of Filing Supplemental Exhibit to Reply to Opposition to Motion in Limine to Exclude the Testimony of Thomas Baker and Alternatively his Non-Expert Survey and Paired Sale Analysis of Cell Towers re: #101 Reply to Response to Motion by Defendants 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit D)(Parsons, Thomas)
August 25, 2015 Filing 103 REPLY to Response to Motion re: #77 MOTION in Limine re: TO EXCLUDE ANY EVIDENCE, TESTIMONY OR ARGUMENT REGARDING TITLE 8 USC 1357 filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parsons, Thomas)
August 25, 2015 Filing 102 REPLY to Response to Motion re: #76 MOTION in Limine re: TO EXCLUDE ANY EVIDENCE, TESTIMONY OR ARGUMENT REGARDING NOMINAL USE filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Parsons, Thomas)
August 25, 2015 Filing 101 REPLY to Response to Motion re: #75 MOTION in Limine re: TO EXCLUDE THE TESTIMONY OF THOMAS BAKER AND ALTERNATIVELY HIS NON-EXPERT SURVEY AND PAIRED SALE ANALYSIS OF CELL TOWERS filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Parsons, Thomas)
August 25, 2015 Filing 100 REPLY to Response to Motion re: #73 MOTION in Limine to Exclude Non-Compensable Severance Damages filed by United States of America. (Attachments: #1 Exhibit Excerpt of Real Estate Valuation in Litigation, #2 Exhibit Excerpt of Sanders Deposition)(Abreu, Alejandro)
August 25, 2015 Filing 99 REPLY to Response to Motion re: #72 MOTION in Limine to Exclude Defendants' Claim to Lost Profits filed by United States of America. (Attachments: #1 Exhibit Excerpt of Appraisal of Real Estate)(Abreu, Alejandro)
August 25, 2015 Filing 98 REPLY to Response to Motion re: #74 MOTION in Limine to Exclude Impact Opnions of Defendants' Experts Peter Drake and Jim Sanders filed by United States of America. (Abreu, Alejandro)
August 25, 2015 Filing 97 REPLY to Response to Motion re: #71 MOTION in Limine to Exclude Defendants' After Sales and Listings filed by United States of America. (Attachments: #1 Exhibit Excerpts of Real Estate Valuation in Litigation, #2 Exhibit Excerpts of Sanders Deposition)(Abreu, Alejandro)
August 20, 2015 Opinion or Order Filing 96 ORDER The Court finds that there was no manifest error in its previous ruling, nor have any new facts or legal authority come to light that would alter its previous decision. As such, the Government's Motion for Reconsideration of Report and Recommendation #92 is DENIED. Signed by Magistrate Judge Bruce G Macdonald on 08/20/2015. (See attached Order for complete information)(DLC)
August 13, 2015 Opinion or Order Filing 95 ORDER granting #90 Motion for Extension of Time to File Reply. IT IS FURTHER ORDERED that replies to the Motions in Limine shall be filed on or before 08/25/2015. Signed by Magistrate Judge Bruce G Macdonald on 08/12/2015.(DLC)
August 7, 2015 Opinion or Order Filing 94 ORDER re: #93 United States' Motion for Extension of Time to Object to the Report and Recommendation. IT IS ORDERED: The United States shall file objections, if any, to the Magistrate Judges #89 Report and Recommendation within seven days of a ruling on its Motion for Reconsideration of the Report and Recommendation. Signed by Judge James A Soto on 8/6/2015. (KEP)
August 5, 2015 Filing 93 MOTION for Extension of Time to File Objections to Report and Recommendation by United States of America. (Attachments: #1 Text of Proposed Order)(Abreu, Alejandro)
August 5, 2015 Filing 92 MOTION for Reconsideration re: #89 REPORT AND RECOMMENDATION re: #68 MOTION to Transfer Related Case filed by United States of America by United States of America. (Attachments: #1 Text of Proposed Order)(Abreu, Alejandro)
August 3, 2015 Filing 91 REPORT of Settlement Talks/Discussions by United States of America. (Abreu, Alejandro)
August 3, 2015 Filing 90 *STIPULATED MOTION TO EXTEND TIME TO FILE REPLIES TO RESPONSES TO MOTIONS IN LIMINE by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas) *Modified on 8/4/2015 to change event to Motion for Extension of Time to File Response/Reply (KEP).
July 31, 2015 Opinion or Order Filing 89 REPORT AND RECOMMENDATION re: #68 Amended MOTION to Transfer Related Case. The Magistrate Judge recommends that the District Judge enter an order DENYING the Governments Amended Motion to Transfer Related Cases. Any party may serve and file written objections within 14 days after being served with a copy of this Report and Recommendation. Signed by Magistrate Judge Bruce G Macdonald on 7/31/2015. (BAR)
July 29, 2015 Filing 88 RESPONSE in Opposition re: #74 MOTION in Limine to Exclude Impact Opnions of Defendants' Experts Peter Drake and Jim Sanders filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Parsons, Thomas)
July 29, 2015 Filing 87 RESPONSE in Opposition re: #73 MOTION in Limine to Exclude Non-Compensable Severance Damages filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Parsons, Thomas)
July 29, 2015 Filing 86 RESPONSE in Opposition re: #72 MOTION in Limine to Exclude Defendants' Claim to Lost Profits filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Parsons, Thomas)
July 29, 2015 Filing 85 RESPONSE in Opposition re: #71 MOTION in Limine to Exclude Defendants' After Sales and Listings filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, #2 Exhibit B (Part One), #3 Exhibit B (Part Two))(Parsons, Thomas)
July 29, 2015 Filing 84 RESPONSE in Opposition re: #77 MOTION in Limine re: TO EXCLUDE ANY EVIDENCE, TESTIMONY OR ARGUMENT REGARDING TITLE 8 USC 1357 filed by United States of America. (Attachments: #1 Exhibit 1 - Excerpts of Report by Thomas Baker, #2 Exhibit 2 - Appraisal of Real Estate)(Abreu, Alejandro)
July 29, 2015 Filing 83 RESPONSE in Opposition re: #75 MOTION in Limine re: TO EXCLUDE THE TESTIMONY OF THOMAS BAKER AND ALTERNATIVELY HIS NON-EXPERT SURVEY AND PAIRED SALE ANALYSIS OF CELL TOWERS filed by United States of America. (Attachments: #1 Exhibit 1 - Appraisal of Real Estate, #2 Exhibit 2 - Real Estate Valuation in Litigation, #3 Exhibit 3 - Report of Thomas Baker)(Abreu, Alejandro)
July 29, 2015 Filing 82 RESPONSE in Opposition re: #76 MOTION in Limine re: TO EXCLUDE ANY EVIDENCE, TESTIMONY OR ARGUMENT REGARDING NOMINAL USE filed by United States of America. (Abreu, Alejandro)
June 29, 2015 Opinion or Order Filing 81 ORDER granting #80 Stipulation Stipulated Motion to Extend Time to File Responses to Motions in Limine. IT IS FURTHER ORDERED that responses to the Motions in Limine shall be filed on or before July 29, 2015. Signed by Magistrate Judge Bruce G Macdonald on 6/26/2015. (DLC)
June 23, 2015 Filing 80 STIPULATION Stipulated Motion to Extend Time to File Responses to Motions in Limine by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas)
June 22, 2015 Filing 79 REPLY to Response to Motion re: (68 in 4:13-cv-00198-JAS-BGM) MOTION to Transfer Related Case filed by United States of America. (Associated Cases: 4:13-cv-00198-JAS-BGM, 4:13-cv-00441-RM, 4:13-cv-00443-RM-DTF, 4:13-cv-00480-DCB) (Abreu, Alejandro)
June 18, 2015 Opinion or Order Filing 78 ORDER granting #70 Motion for Extension of Time to File Reply to #68 AMENDED MOTION to Transfer Related Case. Government shall file its reply in support of its motion to consolidate on or before June 22, 2015. Signed by Magistrate Judge Bruce G Macdonald on 6/16/2015.(DLC)
June 10, 2015 Filing 77 MOTION in Limine re: TO EXCLUDE ANY EVIDENCE, TESTIMONY OR ARGUMENT REGARDING TITLE 8 USC 1357 by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, B, and C, #2 Text of Proposed Order)(Parsons, Thomas)
June 10, 2015 Filing 76 MOTION in Limine re: TO EXCLUDE ANY EVIDENCE, TESTIMONY OR ARGUMENT REGARDING NOMINAL USE by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A and B, #2 Text of Proposed Order)(Parsons, Thomas)
June 10, 2015 Filing 75 MOTION in Limine re: TO EXCLUDE THE TESTIMONY OF THOMAS BAKER AND ALTERNATIVELY HIS NON-EXPERT SURVEY AND PAIRED SALE ANALYSIS OF CELL TOWERS by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit A, B, C, and D, #2 Text of Proposed Order)(Parsons, Thomas)
June 10, 2015 Filing 74 MOTION in Limine to Exclude Impact Opnions of Defendants' Experts Peter Drake and Jim Sanders by United States of America. (Attachments: #1 Errata Exhibit 1 - Peter Drake's CV, #2 Errata Exhibit 2 - Defendants' Non-Appraisal Expert Disclosure, #3 Exhibit Exhibit 3 - Peter Drake's Deposition Transcript, #4 Errata Exhibit 4 - Peter Drake's 2014 Report, #5 Exhibit Exhibit 5 - Defendants' Disclosure Expert Appraisal, #6 Exhibit Exhibit 6 - Excerpt of Jim Sanders 2013 Report, #7 Exhibit Exhibit 7 - Jim Sanders Deposition Transcript, #8 Text of Proposed Order Proposed Order)(Abreu, Alejandro)
June 10, 2015 Filing 73 MOTION in Limine to Exclude Non-Compensable Severance Damages by United States of America. (Attachments: #1 Exhibit Exhibit 1 - Peter Drake 2014 Report, #2 Exhibit Exhibit 2 - Excerpt Jim Sanders 2013 Report, #3 Exhibit Exhibit 3 - Excerpt Jim Sanders Deposition Transcript, #4 Text of Proposed Order Proposed Order)(Abreu, Alejandro)
June 10, 2015 Filing 72 MOTION in Limine to Exclude Defendants' Claim to Lost Profits by United States of America. (Attachments: #1 Exhibit Exhibit 1 - Proposed Lease, #2 Exhibit Exhibit 2 - Defendants Disclosure of Expert Appraisal, #3 Exhibit Exhibit 3 - Excerpts Jim Sanders 2013 Report, #4 Text of Proposed Order Proposed Order)(Abreu, Alejandro)
June 10, 2015 Filing 71 MOTION in Limine to Exclude Defendants' After Sales and Listings by United States of America. (Attachments: #1 Exhibit Exhibit 1 - Defendants' Disclosure of Expert Appraisal, #2 Exhibit Exhibit 2 - Excerpts Jim Sanders 2013 Report, #3 Exhibit Exhibit 3 - ExcerptsReal Estate Appraisal Book, #4 Exhibit Exhibit 4 - Excerpts Jim Sanders 2009 Report, #5 Exhibit Exhibit 5 - Document 107 and 108 Refers to Court Record, #6 Text of Proposed Order Proposed Order)(Abreu, Alejandro)
June 9, 2015 Filing 70 MOTION for Extension of Time to File Response/Reply as to #69 Response to Motion to Consolidate/Transfer Cases by United States of America. (Attachments: #1 Text of Proposed Order Proposed Order)(Abreu, Alejandro)
June 5, 2015 Filing 69 RESPONSE to Motion re: (68 in 4:13-cv-00198-JAS-BGM, 68 in 4:13-cv-00198-JAS-BGM) MOTION to Transfer Related Case filed by 0.41 Acre of Land, Anthony J Hanna, Raymond A Hanna, 0.96 Acre of Land, Robert Lucero, Anilu Martinez, Miguel Martinez, 2.83 Acres of Land, Carmencita Ranch LLC, 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order) (Associated Cases: 4:13-cv-00198-JAS-BGM, 4:13-cv-00441-RM, 4:13-cv-00443-RM-DTF, 4:13-cv-00480-DCB) (Parsons, Thomas)
May 20, 2015 Filing 68 AMENDED MOTION to Transfer Related Case by United States of America. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Associated Cases: CV-13-00198-TUC-JAS (BGM), CV-13-00441-TUC-RM, CV-13-00443-TUC-JGZ (DTF), CV-13-00480-TUC-DCB) (Abreu, Alejandro)
May 19, 2015 Filing 67 NOTICE OF DEFICIENCY re: #66 MOTION to Transfer Related Case filed by United States of America. Description of deficiency: Related case information is incomplete.(BAC)
May 19, 2015 Filing 66 MOTION to Transfer Related Case by United States of America. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-13-00441-TUC-RM; CV-13-00443-TUC-JGZ (DTF); CV-13-00480-TUC-DCB) (Abreu, Alejandro) Modified on 5/19/2015 to remove wording "Proposed" before Motion (KEP).
May 4, 2015 Filing 65 REPORT of Settlement Talks/Discussions Joint Settlement Status Report by United States of America. (Abreu, Alejandro)
March 12, 2015 Filing 64 NOTICE OF ATTORNEY SUBSTITUTION: Alejandro Abreu appearing for United States of America. Attorney Charles Alexander Davis terminated. . (Abreu, Alejandro)
March 6, 2015 Opinion or Order Filing 63 ORDER granting #62 Motion for Extension of Time Deadline. It is Ordered that dispositive motions are due by 6/10/2015. It is further Ordered that a Joint Proposed Pretrial Order shall be filed by 7/15/2015. Otherwise, the Joint Proposed Pretrial Order shall be filed twenty-one days after a ruling on pending motions. Signed by Magistrate Judge Bruce G Macdonald on 3/5/2015.(MFR)
February 23, 2015 Filing 62 MOTION for Extension of Time Stpulated Motion for Extension of Time (4th Request) by United States of America. (Attachments: #1 Text of Proposed Order)(Davis, Charles)
January 12, 2015 Filing 61 NOTICE of Deposition of Gary Ploss, filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Parsons, Thomas)
January 2, 2015 Filing 60 NOTICE of Deposition of Shawn Palmer, filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Parsons, Thomas)
January 2, 2015 Filing 59 NOTICE of Deposition of Bruce Wilson, filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Parsons, Thomas)
January 2, 2015 Filing 58 NOTICE of Deposition of Thomas Baker, filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Parsons, Thomas)
January 2, 2015 Filing 57 NOTICE of Deposition of Michael Grassinger, filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Parsons, Thomas)
December 11, 2014 Filing 56 SERVICE EXECUTED filed by United States of America: Notice of Service re: Plaintiff's 5th Supplemental Disclosure upon Defendant's Counsel on December 11, 2014. (Davis, Charles)
December 3, 2014 Filing 55 REPORT of Settlement Talks/Discussions Joint Settlement Status Report by United States of America. (Davis, Charles)
December 1, 2014 Filing 54 NOTICE of Deposition of Frank Patania, Landmark Title Assurance Agency of Arizona, LLC, filed by United States of America. (Davis, Charles)
December 1, 2014 Filing 53 NOTICE of Deposition of Peter Drake (Amended Notice), filed by United States of America. (Davis, Charles)
December 1, 2014 Filing 52 NOTICE of Deposition of Jim Sanders (Amended Notice), filed by United States of America. (Davis, Charles)
November 26, 2014 Filing 51 NOTICE of Deposition of Jim Sanders, filed by United States of America. (Davis, Charles)
November 26, 2014 Filing 50 NOTICE of Deposition of Peter Drake, filed by United States of America. (Davis, Charles)
September 11, 2014 Opinion or Order Filing 49 ORDER granting #48 Motion for Extension of Time Deadline ; Discovery due by 1/26/2015. Dispositive motions due by 3/12/2015. Proposed Pretrial Order due by 4/20/2015 or twenty-one days after a ruling on pending motions. Signed by Magistrate Judge Bruce G Macdonald on 9/10/14.(SMBE)
September 8, 2014 Filing 48 *MOTION for Extension of Time re: Deadlines (4th Request) < by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas) *Modified to clarify docket text on 9/9/2014 (SMBE).
August 1, 2014 Filing 47 SERVICE EXECUTED filed by United States of America: re: Plaintiff's 4th Supplemental Disclosure upon Defendant's Counsel on August 1, 2014. (Davis, Charles)
August 1, 2014 Filing 46 REPORT of Settlement Talks/Discussions Joint Settlement Status Report by United States of America. (Davis, Charles)
July 22, 2014 Filing 45 Due to the appointment of new district judges in the Tucson division, this case is hereby reassigned by the clerk to the Honorable District Judge James A. Soto. All future filings shall reflect the following case number CIV 13-00198-TUC-JAS-BGM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ADI-MLH, )
July 3, 2014 Filing 44 SERVICE EXECUTED filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T: Notice of Service re: Expert Appraisal Report Disclosure upon Plaintiff's Counsel on July 2, 2014. (Parsons, Thomas)
July 2, 2014 Filing 43 SERVICE EXECUTED filed by United States of America: Notice of Service re: Plaintiff's 3rd Supplemental Disclosure (Appraisal Expert Report) upon Defendant's Counsel on July 2, 02014. (Davis, Charles)
May 23, 2014 Opinion or Order Filing 42 ORDER granting #41 Motion for Extension of Time Deadlines. Discovery due by 10/17/2014. Dispositive motions due by 11/14/2014. Joint Proposed Pretrial Order due by 11/5/2014 or 21 days after ruling on pending motions. Signed by Magistrate Judge Bruce G Macdonald on 5/23/14.(SMBE)
May 23, 2014 Filing 41 MOTION for Extension of Time Stipulated Motion to Extend Deadlines (3rd Request) by United States of America. (Attachments: #1 Text of Proposed Order)(Davis, Charles)
May 9, 2014 Filing 40 NOTICE of Service of Discovery filed by United States of America. (Davis, Charles)
May 1, 2014 Filing 39 REPORT of Settlement Talks/Discussions Joint Settlement Status Report by United States of America. (Davis, Charles)
April 1, 2014 Filing 38 SERVICE EXECUTED filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T: Notice of Service re: Non-Appraisal Expert Witness Disclosure upon Plaintiff's Counsel on 3/31/14. (Parsons, Thomas)
March 13, 2014 Filing 37 SERVICE EXECUTED filed by United States of America: Notice of Service re: Plaintiff USA's Supplemental Reponses to Defendant's 1st Request for Production of Documents upon Defendants' Counsel on March 13, 2014. (Davis, Charles)
February 27, 2014 Filing 36 REPORT of Settlement Talks/Discussions by United States of America. (Davis, Charles)
February 5, 2014 Opinion or Order Filing 35 ORDER granting #34 Stipulation to Amend December 6, 2013 Scheduling Order (2nd Request). It is Ordered that the discovery and the Joint Proposed Pretrial Order are due by 8/1/2014 (see attached PDF for more information). Signed by Magistrate Judge Bruce G Macdonald on 2/4/2014. (MFR)
January 29, 2014 Filing 34 STIPULATION to Amend December 6, 2013 Scheduling Order (2nd Request) by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas)
January 2, 2014 Filing 33 SERVICE EXECUTED filed by United States of America: Notice of Service re Responses to First Request for Production upon Defendants on 12/30/13. (Davis, Charles)
December 6, 2013 Opinion or Order Filing 32 ORDER granting #31 Stipulation : Discovery due by 6/13/2014. Proposed Pretrial Order due by 6/13/2014. (See attached PDF for complete information).. Signed by Magistrate Judge Bruce G Macdonald on 12/5/2013. (JKM)
December 4, 2013 Disbursement made in accordance with #29 Order on Stipulation, payable to STUBBS & SCHUBART, P.C. IN TRUST FOR DEFENDANT LANDMARK TITLE ASSURANCE AGENCY OF AZ, UNDER TRUST 18223-T in the amount of $7,650.98, check number 703830. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JEM)
December 2, 2013 Filing 31 STIPULATION to Amend August 12, 2013 Scheduling Order (1st Request) by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas)
December 2, 2013 Filing 30 SERVICE EXECUTED filed by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T: Notice of Service re Defendants' First Request for Production upon Plaintiff's Counsel on 11/26/13. (Parsons, Thomas)
November 14, 2013 Opinion or Order Filing 29 ORDER granting #28 Stipulation ; The Clerk of the Court shall disburse the amount of $7,650.00. The registry check in the amount of $7,650.00 shall be made payable to: Stubbs & Schubart, P.C. in Trust for Defendant Landmark Title Assurance Agency of Arizona, LLC, under Trust 18223-T.. Signed by Magistrate Judge Bruce G Macdonald on 11/13/2013. (JKM)
November 5, 2013 Filing 28 STIPULATION for Withdrawal of Funds by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas)
November 1, 2013 Filing 27 REPORT of Settlement Talks/Discussions by United States of America. (Davis, Charles)
November 1, 2013 Filing 26 NOTICE re Corrected Caption (as to Tract numbers) by United States of America . (Davis, Charles)
October 31, 2013 Filing 25 SERVICE EXECUTED filed by United States of America: Notice of Service re Plaintiff's 1st Supplemental Disclosure (Fact Witness Disclosure upon Defendant's Counsel on October 31, 2013. (Davis, Charles)
September 16, 2013 Filing 24 NOTICE re Service of Defendants Initial Disclosure Statement by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T . (Parsons, Thomas)
September 16, 2013 Filing 23 SERVICE EXECUTED filed by United States of America: Notice of Service re Plaintiff's Initial Disclosure Statement upon Defendants on September 16, 2013. (Davis, Charles)
August 13, 2013 Opinion or Order Filing 22 SCHEDULING ORDER: Discovery due by 4/14/2014. Proposed Pretrial Order due by 4/14/2014. Status Report due by 11/1/2013, and every 90 days thereafter.(See attached PDF for complete information).. Signed by Magistrate Judge Bruce G Macdonald on 8/12/2013. (JKM)
August 12, 2013 Filing 21 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Scheduling Conference held on 8/12/2013. Formal ORDER to follow. (Recorded by COURTSMART.) Hearing held 2:00 pm to 2:05 pm.(BHA)
August 8, 2013 Filing 20 *Document was filed in the wrong case. All information associated with this entry has been removed; NEF regenerated on 8/9/2013 (CMAL).
August 6, 2013 Filing 19 REPORT of Rule 26(f) Planning Meeting by United States of America. (Davis, Charles)
July 30, 2013 Opinion or Order Filing 18 ORDER granting #17 Motion to Continue Scheduling Conference re-set for 8/12/2013 at 02:00 PM in Courtroom 3C, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Bruce G Macdonald.. Signed by Magistrate Judge Bruce G Macdonald on 7/30/2013.(JKM)
July 24, 2013 Filing 17 MOTION to Continue Case Management Conference (2nd Request) (Stipulated) by United States of America. (Attachments: #1 Text of Proposed Order)(Davis, Charles)
May 31, 2013 Filing 16 NOTICE re Waiver of Service of Judicial Process by United States of America . (Davis, Charles)
May 31, 2013 Opinion or Order Filing 15 ORDER: Scheduling Conference reset for 8/5/2013 at 10:30 AM before Magistrate Judge Bruce G Macdonald. Signed by Magistrate Judge Bruce G Macdonald on 5/31/13. (KAD)
May 28, 2013 Filing 14 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Attachments: #1 Text of Proposed Order)(Parsons, Thomas)
May 23, 2013 Opinion or Order Filing 13 ORDER Case Management Conference set for 6/14/2013 at 10:30 AM before Magistrate Judge Bruce G Macdonald. Parties directed to confer at least 21 days before the conference. Counsel shall file with the Court, on or before 6/7/2013, a Joint Report. (See attached PDF for complete information). Signed by Magistrate Judge Bruce G Macdonald on 5/23/2013. (JKM)
April 22, 2013 Opinion or Order Filing 12 ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Bruce G Macdonald for Report and Recommendations and Pretrial proceedings. All future filings in this case shall be designated: CV-13-198-TUC-JGZ (BGM). Signed by Judge Jennifer G Zipps on 4/19/13. (KAD)
April 16, 2013 Filing 11 Minute Order: Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge. Case reassigned by random draw to Jennifer G Zipps. All further pleadings should now list the following COMPLETE case number: 13-CV-00198-TUC-JGZ. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMBE)
April 16, 2013 Filing 10 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMBE)
April 15, 2013 Filing 9 DEFENDANT'S DEMAND for Jury Trial by 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Parsons, Thomas)
April 15, 2013 Filing 8 NOTICE of Appearance by Thomas Michael Parsons on behalf of 5.62 Acres of Land, Landmark Title Assurance Agency, Trust 18223-T. (Parsons, Thomas)
April 3, 2013 Filing 7 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMBE)
March 27, 2013 Opinion or Order Filing 6 ORDER granting #5 Motion for Order for Delivery of Possession. A notice of this order shall be served upon all persons in possession or control of the said property.. Signed by Magistrate Judge Bruce G Macdonald on 3/27/2013.(JKM), cc: Order not Exparte per Chambers
March 25, 2013 Filing 5 EX PARTE MOTION for Order of Delivery of Possession by United States of America. (Attachments: #1 Text of Proposed Order)(Davis, Charles)
March 25, 2013 Filing 4 Additional Attachments to Main Document #1 Declaration of Taking by Plaintiff United States of America. (Davis, Charles) Modified on 3/26/2013 (JKM).
March 25, 2013 Filing 3 This case has been assigned to the Honorable Bruce G Macdonald. All future pleadings or documents should bear the correct case number: 4:13-CV-00198-TUC-BGM. Magistrate Election form attached. (Attachments: #1 Magistrate Form)(PAA)
March 25, 2013 Filing 2 NOTICE re: Notice of Filing Clerk's Receipt by United States of America re #1 Complaint. (Davis, Charles) (Attachments: #1 Receipt)(PAA)
March 25, 2013 Filing 1 COMPLAINT. filed by United States of America. (Davis, Charles) (Attachments: #1 Civil Cover Sheet, #2 Notice of Condemnation, #3 Notice of Filing of Clerk's Receipt)(PAA)

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Search for this case: United States of America v. 5.62 Acres of Land et al
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Defendant: Trust 18223-T
Represented By: Rohit Talwar
Represented By: Thomas Michael Parsons
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Defendant: Landmark Title Assurance Agency
Represented By: Rohit Talwar
Represented By: Thomas Michael Parsons
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Defendant: 5.62 Acres of Land
Represented By: Rohit Talwar
Represented By: Thomas Michael Parsons
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Plaintiff: United States of America
Represented By: Charles Alexander Davis - Inactive
Represented By: Kristin R Muenzen
Represented By: Alejandro Alberto Abreu
Represented By: Daniel W Kastner
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