Joshua David Mellberg LLC et al v. Will et al
| Joshua David Mellberg LLC and Joshua David Mellberg |
| Jovan Will, Tree Fine, Impact Partnership LLC, John Steve Arceo, Jane Doe Arceo, Fernando Godinez, Jane Doe Godinez, Patricia Latham, John Doe Latham, Carly Uretz and John Doe Uretz |
| 4:2014cv02025 |
| April 14, 2014 |
| US District Court for the District of Arizona |
| Tucson Division Office |
| Pima |
| Cindy K Jorgenson |
| Charles R Pyle |
| Other Statutory Actions |
| 28 U.S.C. ยง 1441 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
643
ORDERED The Motion to Certify Question of Law Regarding Attorneys' Fees to Arizona Supreme Court (Doc. 632 ) is DENIED. Impact's Motion for Appellate Attorneys' Fees (Doc. 615 ) is GRANTED IN PART AND DENIED IN PART. Impact is award ed appellate attorneys' fees from Mellberg and JDM, LLC, in the amount of $236,754.00. Individual Defendants' Motion For Attorneys' Fees on Appeal (Doc. 617 ) is GRANTED IN PART AND DENIED IN PART. Individual Defendants are awarded appellate attorneys' fees from Mellberg and JDM, LLC, in the amount of $41,699.00. Signed by Senior Judge Cindy K Jorgenson on 11/7/22. (MYE)
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Filing
621
ORDER The Motion to File Exhibit A Under Seal (Doc. 600 ) is GRANTED. The Motion to Stay Entry of Judgment RE Attorney's Fees (Doc. 598 ) is DENIED AS MOOT. The Motion for Clarification Regarding Attorneys' Fee Award Against Mellberg (Doc . 599 ) is GRANTED IN PART. The Court's ruling is clarified herein. The Motion for Reconsideration (Doc. 599 ) and the Motion to Amend the Order on Fees Pursuant to Rule 59(e) and Motion for Relief from the Order on Fees Pursuant to Rule 60(b)(6) (Doc. 605 ) are DENIED. Signed by Senior Judge Cindy K Jorgenson on 3/31/2022. (See attached Order for complete details) (DLC)
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Filing
597
ORDERED JDM's Motion to Strike (Doc. 583 ) is GRANTED. Statement included in the declarations of William P. Eiselstein and Stephen W. Odom, Jr., related to settlement discussions between the parties are stricken and will not be considered by th e Court. JDM's Motion for Attorneys' Fees (Doc. 565 ) is DENIED. Individual Defendants' Motion For Award of Attorneys' Fees And Non-Taxable Expenses (Doc. 568 ) is GRANTED IN PART. Impact's Motion for Attorneys' Fees and Related Non-Taxable Expenses (Doc. 570 ) is GRANTED IN PART. Signed by Senior Judge Cindy K Jorgenson on 3/24/21. (See attached Order for complete details.) (MYE)
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Filing
556
ORDERED Impact's Motion for Attorneys' Fees and Expenses 479 is DENIED. Plaintiffs' First Motion to Supplement the Record 539 is DENIED. Plaintiffs' Second Motion to Supplement the Record 545 is GRANTED. Report and Recommend ation 531 is ADOPTED except as to the finding Impact has an ownership interest in FormulaFolios. Plaintiffs Objections (Doc. 541) are overruled. Impact's Objections II through VI (Doc. 542) are overruled. Impact's Objection VII as to the ownership interest of FormulaFolios is sustained. Defendants' Motion for Summary Judgment on Damages as to Claims 1-5 and 7-10 455 , Plaintiffs' Motion for Summary Judgment on Defendant Impact's Counterclaim 333 , Defendants Fine and Will's Motion for Summary Judgment as to Claim 6 329 are GRANTED. Defendants Fine and Will's Motion for Summary Judgment as to Claims 1, 5, 7, and 8 329 , Defendants' Motion for Summary Judgment on Claims 2, 3, 9, and 10 332 , Defendant Will's Motion for Summary Judgment on Claim 6 as to Damages 453 , JDM and Defendants Fine and Godinez's cross-motions for summary judgment on Claim 4 (Docs. 338 , 365 ), Plaintiffs' Motion for Spoliation Sanctions 382 , Impact's Motion to Strike 448 , and Impact's Motion to Disqualify a Witness 450 are DENIED AS MOOT. Summary Judgment is awarded in favor of Defendants and against Plaintiffs as to the claims in Plaintiffs' Second Amended Complaint. Summary judgment is awarded in favor of Plaintiffs and against Defendants as to the Counterclaims. The Clerk of Court shall enter judgment and shall then close its file in this matter. Signed by Senior Judge Cindy K Jorgenson on 5/20/20. (MYE)
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Filing
501
ORDERED: The 480 Report and Recommendation is adopted. Plaintiff's 449 Motion to Strike Answer of Defendant Arceo and Enter Default is granted. The Clerk of the Court shall strike Defendant John Steve Arceos Answer and enter his default. Signed by Senior Judge Cindy K Jorgenson on 7/15/2019. (BAR)
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Filing
442
ORDER granting 310 Motion for Sanctions to Exclude Plaintiffs' Untimely Damages Evidence. Mr. Crooks's lay testimony in the form of the September 2018 disclosure is excluded. Mr. Crooks may not provide testimony as a lay or expert witness in this case. Signed by Senior Judge Cindy K Jorgenson on 4/16/2019. (See attached Order for complete information) (DLC)
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Filing
85
ORDER adopting Report and Recommendations re 82 Report and Recommendation. Defendant Impact Partnerships 55 Motion to Dismiss the Second Amended Complaint is denied. This case is referred back to Magistrate Judge Charles R. Pyle for all pretr ial proceedings and any reports and recommendations as set forth in 28 U.S.C. § 636(b)(1) and L.R.Civ.P. 72.1 and 72.2. All future filings in this case shall be designated: 14-CV-02025-TUC-CKJ (CRP). Signed by Judge Cindy K Jorgenson on 3/11/2016. (KEP)
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Filing
53
ORDER ADOPTING REPORT AND RECOMMENDATION. The Report and Recommendation 45 is ADOPTED; The pending motions (Docs. 22 , 27 , 30 , and 34 ) are granted and denied as set forth in this Order. Plaintiffs may file a second amended complaint within 30 days of the date of this Order as set forth herein and in the Report and Recommendation. Signed by Judge Cindy K Jorgenson on 3/27/2015. (See Order for details)(ALS)
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