Caputo et al v. Monge et al
Plaintiff: Mark E. Caputo and Lisa S Caputo
Defendant: Thomas R. Monge, Elmar Grabher, Elisabeth Grabher and Infinity Projects LLC
Case Number: 1:2014cv00277
Filed: July 7, 2014
Court: US District Court for the District of Idaho
Office: Boise - Southern Office
County: Blaine - Southern
Presiding Judge: Larry Alan Burns
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2018 Opinion or Order Filing 179 ORDER GRANTING MOTION FOR RELIEF FROM JUDGMENT. The joint motion to vacate #178 is GRANTED and the judgment is VACATED. The parties shall each bear their own costs and attorney's fees. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
October 30, 2018 Filing 178 MOTION to Dismiss Stipulated Motion to Dismiss with Prejudice and Vacate Judgment Matthew P. Gordon appearing for Counter Defendants Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Plaintiffs Lisa S Caputo, Mark E. Caputo. Responses due by 11/20/2018 (Gordon, Matthew)
October 30, 2018 Opinion or Order Filing 177 ORDER Deeming Motion for Relief from Judgment Withdrawn. The motion (Docket no. #172 ) is DEEMED WITHDRAWN and the Clerk is directed to terminate it. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
October 29, 2018 Filing 176 NOTICE by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge Notice of Vacation of Motion for Relief from Judgment (Clark, Erin)
October 24, 2018 Reset Deadlines as to #172 MOTION for Relief FED. R. CIV. P. 60 (b)(5) & (b)(6) MOTION FOR RELIEF FROM JUDGMENT. Responses due by 10/31/2018. By Order Dkt. #175 . (cjs)
October 19, 2018 Opinion or Order Filing 175 ORDER EXTENDING DEADLINE TO vs. RESPOND re #174 Stipulation re #172 MOTION for Relief FED. R. CIV. P. 60 (b)(5) & (b)(6) MOTION FOR RELIEF FROM JUDGMENT. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
October 16, 2018 Filing 174 STIPULATION to Extend Time For Plaintiffs to Respond to Defendants' Motion for Relief from Judgment (Dkt. 172) by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). (Gordon, Matthew)
September 28, 2018 Filing 173 MEMORANDUM in Support re #172 MOTION for Relief FED. R. CIV. P. 60 (b)(5) & (b)(6) MOTION FOR RELIEF FROM JUDGMENT filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kane, William)
September 28, 2018 Filing 172 MOTION for Relief FED. R. CIV. P. 60 (b)(5) & (b)(6) MOTION FOR RELIEF FROM JUDGMENT William K. Kane appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Elmar Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Thomas R. Monge, Thomas R. Monge. Responses due by 10/19/2018 (Kane, William)
September 28, 2018 Opinion or Order Filing 171 ORDER DENYING MOTION TO STAY DEADLINES re: #170 Motion to Vacate. Although the Courts order reinstating the deadlines said it was granting Plaintiffsmotion, that aspect of the order is AMENDED to say that the Court sua sponte reinstates its own deadlines, and that Plaintiffs motion to reinstate them is denied as moot. Defendants request to stay the deadlines in order to give them a chance to oppose Plaintiffs motion is also DENIED AS MOOT. This order does not prevent Defendants from seeking relief from the injunction if, forexample, they are unable to comply within the time limit. But their working assumption should be that the new deadline will remain in place. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
September 25, 2018 Filing 170 MOTION to Vacate #169 Order on Motion to Enforce Judgment William K. Kane appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Elmar Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Thomas R. Monge, Thomas R. Monge. Responses due by 10/16/2018 (Kane, William)
September 24, 2018 Opinion or Order Filing 169 ORDER REQUIRING REMOVAL OF STRUCTURES Granting #165 Motion to Reinstate Deadlines. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
September 20, 2018 Filing 168 NOTICE of Appearance by William K. Kane on behalf of Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge (Kane, William)
September 17, 2018 Filing 167 DOCKET ENTRY ORDER Approving #166 Application for Pro Hac Vice Appearance of attorney William K Kane for Thomas R. Monge, Elmar Gabher, Elisabeth Grabher and Infinity Projects LLC. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
September 13, 2018 Filing 166 MOTION FOR PRO HAC VICE APPEARANCE by William K. Kane. ( Filing fee $ 250 receipt number 0976-1785668.)Erin F Clark appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Elmar Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Thomas R. Monge, Thomas R. Monge. Responses due by 10/4/2018 (Clark, Erin)
September 7, 2018 Filing 165 MOTION to Reinstate Deadline for Removal of Structures ,Matthew P. Gordon appearing for Counter Defendants Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Plaintiffs Lisa S Caputo, Mark E. Caputo. Responses due by 9/28/2018 (Gordon, Matthew) Modified on 9/10/2018 to edit text (jp).
August 8, 2018 Filing 164 MANDATE of USCA as to #135 Notice of Appeal, filed by Infinity Projects LLC, Elisabeth Grabher, Elmar Grabher, Thomas R. Monge (jp)
July 30, 2018 Opinion or Order Filing 163 ORDER of USCA as to #135 Notice of Appeal, filed by Infinity Projects LLC, Elisabeth Grabher, Elmar Grabher, Thomas R. Monge. The petition for rehearing en banc is DENIED. (jp)
June 7, 2018 Filing 162 MEMORANDUM of USCA as to #135 Notice of Appeal, filed by Infinity Projects LLC, Elisabeth Grabher, Elmar Grabher, Thomas R. Monge. AFFIRMED. (jp)
May 25, 2018 Opinion or Order Filing 161 ORDER of USCA as to #135 Notice of Appeal, filed by Infinity Projects LLC, Elisabeth Grabher, Elmar Grabher, Thomas R. Monge (jp)
March 5, 2018 Opinion or Order Filing 160 ORDER DENYING AS MOOT MOTION FOR STATUS CONFERENCE, re: #152 Motion for Hearing. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
June 28, 2017 Filing 159 NOTICE by Thomas R. Monge re #154 Order, Supersedeas Bond (Clark, Erin) Modified on 6/28/2017 (cjs).
June 12, 2017 Filing 158 Costs Taxed in amount of $ 5,036.14 against Defendants(jp)
June 8, 2017 Opinion or Order Filing 157 ORDER DIRECTING THE CLERK TO TAX COSTS AND ORDER DENYING MOTION FOR ATTORNEY'S FEES re #128 MOTION for Attorney Fees and Costs filed by Lisa S Caputo, Mark E. Caputo. To the extent the motion seeks an award of costs, it is DENIED WITHOUT PREJUDICE, and the Clerk is directed to tax costs in accordance with Civil Local Rule 54.1. Because the Court finds the standard for a fee award under Idaho Code 12-121 is not met, the request for attorney's fees is DENIED. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
May 23, 2017 Filing 156 Notice of Filing of Official Transcript (jp)
May 19, 2017 Filing 155 Transcript filed for dates of 11/10/16 (Bench Trial Day 2) before Judge Larry Alan Burns, re #135 Notice of Appeal, Court Reporter/Transcriber Brooke R. Bohr, Telephone number 208-345-3704. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/9/2017. Redacted Transcript Deadline set for 6/19/2017. Release of Transcript Restriction set for 8/17/2017. (jp)
May 5, 2017 Opinion or Order Filing 154 ORDER STAYING PERMANENT INJUNCTION PENDING APPEAL; AND ORDER DENYING MOTION TOSTRIKE The Court STAYS its injunction (Docket no. #133 ), until the appeal is resolved, provided Defendants post a $100,000 bond by 6/30/17. If Defendants do not timely post the bond as required, the stay will automatically expire, and Defendants must remove the structures as ordered, except that the deadline for removal will be 7/14/17. If either party, or both, believe the amount of the bond should be adjusted, they may file ex parte motions, or a single joint motion, no later than 5/25/17. Any such motion shall not exceed 5 pages. If either party files a motion, the other may file a response, subject to the same page limit, within 5 court days. The motion to strike is DENIED AS MOOT. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
May 5, 2017 Set Deadlines/Hearings: Per Order dkt 154, Deadline to file bond 6/30/2017. Motion to adjust due no later than 5/25/2017. (jp)
May 3, 2017 Filing 153 TRANSCRIPT REQUEST by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge for proceedings held on 11/09/2016 AND 11/10/2016 before Judge Judge Burns, (Notice sent by e-mail to Court Reporter) (Clark, Erin)
May 3, 2017 Filing 152 MOTION for Hearing Erin F Clark appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Responses due by 5/24/2017 (Clark, Erin)
May 2, 2017 CORRECTIVE ENTRY - The entry docket number #151 Notice of Hearing on Motion was filed using the incorrect docket event as it is a Motion for Status Conference. The filing party shall re-submit their filing using "Motion" and choose the motion relief "Hearing." (jp)
May 1, 2017 Filing 151 NOTICE of Hearing on Motion (Clark, Erin)
April 27, 2017 Filing 150 REPLY to Response to Motion re #147 MOTION to Strike #142 Response to Motion, Motion to Strike Declaration of Attorney Matthew Gordon filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Clark, Erin)
April 13, 2017 Filing 149 DECLARATION of Matthew P. Gordon re #147 MOTION to Strike #142 Response to Motion, Motion to Strike Declaration of Attorney Matthew Gordon, #148 Response to Motion filed by Lisa S Caputo, Mark E. Caputo . (Attachments: #1 Exhibit A)(Gordon, Matthew)
April 13, 2017 Filing 148 RESPONSE to Motion re #147 MOTION to Strike #142 Response to Motion, Motion to Strike Declaration of Attorney Matthew Gordon filed by Lisa S Caputo, Mark E. Caputo. Replies due by 4/27/2017.(Gordon, Matthew)
March 23, 2017 Filing 147 MOTION to Strike #142 Response to Motion, Motion to Strike Declaration of Attorney Matthew Gordon Erin F Clark appearing for Counter Claimants Elmar Grabher, Elmar Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Thomas R. Monge, Thomas R. Monge, Defendants Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Responses due by 4/13/2017 (Clark, Erin)
March 23, 2017 Filing 146 REPLY to Response to Motion re #136 MOTION to Stay of Permanent Mandatory Injunction Pending Appeal filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Clark, Erin)
March 16, 2017 Filing 145 MEMORANDUM in Support re #128 MOTION for Attorney Fees and Costs (Supplemental Brief Regarding Motion for Attorney Fees and Costs) filed by Lisa S Caputo, Mark E. Caputo. (Attachments: #1 Exhibit Attachment A)(Gordon, Matthew)
March 13, 2017 Filing 144 NOTICE by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge Notice of Filing - Advisement to the Court of Amended Statute (Clark, Erin)
March 10, 2017 Filing 143 NOTICE by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge Notice of Withdrawl (Haemmerle, Fritz)
March 9, 2017 Filing 142 RESPONSE to Motion re #136 MOTION to Stay of Permanent Mandatory Injunction Pending Appeal filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). Replies due by 3/23/2017. (Attachments: #1 Affidavit)(Gordon, Matthew)
February 24, 2017 Filing 141 REPLY to Response to Motion re #128 MOTION for Attorney Fees and Costs filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust).(Gordon, Matthew)
February 24, 2017 Filing 140 Notice of Filing of Official Transcript (jp)
February 23, 2017 Filing 139 Transcript filed for dates of 11/9/16 before Judge Larry A. Burns, re #135 Notice of Appeal, Court Reporter/Transcriber Susan L. Sims, Telephone number 208-288-1873. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/24/2017. (jp)
February 16, 2017 Filing 136 MOTION to Stay of Permanent Mandatory Injunction Pending Appeal Heather Elizabeth O'Leary appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Responses due by 3/9/2017 (Attachments: #1 Memorandum in Support for Stay of Permanent Mandatory Injunction Pending Appeal)(O'Leary, Heather)
February 14, 2017 Filing 138 USCA Scheduling Order as to #135 Notice of Appeal, filed by Infinity Projects LLC, Elisabeth Grabher, Elmar Grabher, Thomas R. Monge. (Notice sent by e-mail to Court Reporter) (cjs)
February 14, 2017 Filing 137 USCA Case Number 17-35133 for #135 Notice of Appeal, filed by Infinity Projects LLC, Elisabeth Grabher, Elmar Grabher, Thomas R. Monge. (cjs)
February 10, 2017 Filing 135 NOTICE OF APPEAL as to #127 Judgment, #133 Order, #126 Order on Motion for Reconsideration, #122 Order, #106 Order, by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Filing fee $ 505, receipt number 0976-1548123. (Notice sent to Court Reporter & 9th Cir) (Clark, Erin) Modified on 2/13/2017 to edit text (jp).(17-35133)
February 10, 2017 Filing 134 MEMORANDUM in Opposition re #128 MOTION for Attorney Fees and Costs filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 2/24/2017.(Clark, Erin)
February 8, 2017 Opinion or Order Filing 133 ORDER REQUIRING REMOVAL OF STRUCTURES Before June 1, 2017, Defendants must remove the townhomes currently located on the following parcels of land in Parkwood Subdivision, Ketchum, Idaho: Lot 19B, Sublot 1B; and Lot 19A, Sublot 2A, according to the official plat of Vue Townhomes, recorded as Instrument No. 627026, records of Blaine County, Idaho. If Defendants do not comply fully with this order, Plaintiffs may move for sanctions. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
January 27, 2017 Filing 132 BILL OF COSTS by Lisa S Caputo, Mark E. Caputo. Taxation of Costs due by 2/13/2017 (Gordon, Matthew)
January 27, 2017 Filing 131 MEMORANDUM/BRIEF re #128 MOTION for Attorney Fees and Costs filed by Lisa S Caputo, Mark E. Caputo . (Attachments: #1 Exhibit Attachment A)(Gordon, Matthew)
January 27, 2017 Filing 130 DECLARATION of Matthew P. Gordon re #128 MOTION for Attorney Fees and Costs filed by Lisa S Caputo, Mark E. Caputo . (Attachments: #1 Exhibit A, #2 Exhibit B)(Gordon, Matthew)
January 27, 2017 Filing 129 DECLARATION of B. Newal Squyres re #128 MOTION for Attorney Fees and Costs filed by Lisa S Caputo, Mark E. Caputo . (Gordon, Matthew)
January 27, 2017 Filing 128 MOTION for Attorney Fees and Costs Matthew P. Gordon appearing for Plaintiffs Lisa S Caputo, Mark E. Caputo. Responses due by 2/21/2017 (Gordon, Matthew)
January 13, 2017 Filing 127 JUDGMENT in favor of Plaintiffs and against Defendants. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
January 12, 2017 Opinion or Order Filing 126 ORDER DENYING MOTION FOR RECONSIDERATION, re #124 . The Caputos are directed to promptly designate two of the four townhomes for removal. The parties are directed to meet and confer to determine a deadline for removal, and to submit a proposed order. The proposed order should be submitted promptly, but in no event later than February 7, 2017. The Clerk is directed to enter judgment in favor of Plaintiffs and against Defendants. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
January 8, 2017 Filing 125 RESPONSE to Motion re #124 MOTION for Reconsideration re #122 Order, Set Deadlines,,,, filed by Lisa S Caputo, Mark E. Caputo. Replies due by 1/26/2017. (Attachments: #1 Exhibit)(Gordon, Matthew)
December 28, 2016 Set/Reset Deadlines as to #124 MOTION for Reconsideration re #122 Order, . Per Order dkt 122, response due within 20 calendar days of the date of order: Responses due by 1/8/2017 (jp)
December 28, 2016 Filing 124 MOTION for Reconsideration re #122 Order, Set Deadlines,,,, Edward A Lawson appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Elmar Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Thomas R. Monge, Thomas R. Monge. Responses due by 1/23/2017 (Lawson, Edward)
December 22, 2016 Filing 123 NOTICE by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge Notice of Association of Counsel (Haemmerle, Fritz)
December 19, 2016 Opinion or Order Filing 122 VERDICT AND ORDER FOLLOWING BENCH TRIAL. Within 10 calendar days of the date this order is issued, Defendants may file a motion for reconsideration, not to exceed ten pages. Within 20 calendar days of the date this order is issued, Plaintiffs may file a response, also not to exceed ten pages. Unless this order is amended, the Court intends to direct the Caputos to designate two of the four townhomes for removal. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) Modified on 12/20/2016 to modify document title in the docket text (st).
November 10, 2016 Filing 121 Defendant's Exhibit List. (so)
November 10, 2016 Filing 120 Plaintiff's Exhibit List.(so).
November 10, 2016 Filing 119 Minute Entry for proceedings held before Judge Larry Alan Burns: Bench Trial Day 2 completed on 11/10/2016. (Court Reporter/ESR Brooke Bohr.) (Attachments: #1 Request for Admission Exhibits) (so)
November 9, 2016 Filing 118 Minute Entry for proceedings held before Judge Larry Alan Burns: Bench Trial - Day 1 held on 11/9/2016. Bench Trial continued to 11/10/2016 09:00 AM in Boise - Courtroom 1 before Judge Larry Alan Burns. (Court Reporter/ESR Susan Sims.) (so)
November 9, 2016 Set/Reset Hearings: Bench Trial set for 11/10/2016 08:30 AM in Boise - Courtroom 1 before Judge Larry Alan Burns. (so)
November 9, 2016 Set/Reset Hearings: Bench Trial set for 11/10/2016 09:00 AM in Boise - Courtroom 1 before Judge Larry Alan Burns. (so)
November 8, 2016 Opinion or Order Filing 117 AMENDED PRETRIAL ORDER. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
November 8, 2016 Filing 116 CERTIFICATE OF SERVICE by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge Micah Austin Subpoena (Haemmerle, Fritz)
November 7, 2016 Filing 115 MOTION Approval of Amended Pretrial Order re #109 Order, Set Hearings,, Nicholas P Gellert appearing for Plaintiffs Lisa S Caputo, Mark E. Caputo. Responses due by 12/1/2016 (Attachments: #1 Exhibit Final Pretrial Order, #2 Exhibit Redline Proposed Pretrial Order, #3 Appendix Attachement 1 to Pretrial Order, #4 Appendix Attachment 2 to Pretrial Order)(Gellert, Nicholas)
November 2, 2016 Filing 114 REPLY re #112 Trial Brief filed by Lisa S Caputo, Mark E. Caputo . (Gordon, Matthew)
October 26, 2016 Filing 113 TRIAL BRIEF by Lisa S Caputo, Mark E. Caputo. (Gordon, Matthew)
October 26, 2016 Filing 112 TRIAL BRIEF by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. (Haemmerle, Fritz)
October 25, 2016 Filing 111 DOCKET ENTRY ORDER approving #110 Motion for Pro Hac Vice Appearance of attorney Nicholas P Gellert for Lisa S Caputo, Mark E. Caputo. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
October 24, 2016 Filing 110 MOTION FOR PRO HAC VICE APPEARANCE by Nicholas P. Gellert. ( Filing fee $ 225 receipt number 0976-1507534.)Matthew P. Gordon appearing for Plaintiffs Lisa S Caputo, Mark E. Caputo. Responses due by 11/17/2016 (Gordon, Matthew)
October 20, 2016 Opinion or Order Filing 109 PRETRIAL ORDER (With Exhibits 1 and 2) - Bench Trial set for 11/9/2016 08:30 AM in Boise - Courtroom 1 before Judge Larry Alan Burns. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
October 20, 2016 Opinion or Order Filing 108 ORDER FOLLOWING PRETRIAL CONFERENCE - Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
October 18, 2016 Filing 107 Minute Entry for proceedings held before Judge Larry Alan Burns: Interim Pretrial Conference held on 10/18/2016. (Court Reporter/ESR not recorded.) (so)
September 30, 2016 Opinion or Order Filing 106 ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT; ORDER GRANTING MOTION FOR JUDICIAL NOTICE; AND ORDER DENYING AS MOOT MOTION TO WITHDRAW ADMISSION. Defendants' motion for judicial notice #46 is GRANTED. Defendants' motion for summary judgment #48 is DENIED. Plaintiffs' motion for summary judgment #51 is GRANTED IN PART and DENIED IN PART. Defendants' motion to withdraw the admission of Elisabeth Grabher #78 is DENIED as moot. The Court will hold a telephonic pretrial conference on Tuesday, 10/18/2016 at 1:00 p.m. Pacific Time. Joint proposed pretrial order due by 10/14/2016. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
June 15, 2016 Filing 105 MEMORANDUM/BRIEF re #101 Order, Set Deadlines/Hearings,,,, filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
June 15, 2016 Filing 104 RESPONSE re #101 Order, Set Deadlines/Hearings,,,, filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge Status of State Action. (Haemmerle, Fritz)
June 10, 2016 Filing 103 MEMORANDUM/BRIEF re #101 Order, Set Deadlines/Hearings,,,, filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge on Amount in Controversey. (Haemmerle, Fritz)
May 27, 2016 Filing 102 MEMORANDUM/BRIEF re #101 Order, filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley Residence Trust) . (Gordon, Matthew) Modified on 5/31/2016 to link to dkt. 101 (km).
May 11, 2016 Opinion or Order Filing 101 ORDER Requiring Supplemental Briefing on Amount in Controversy and Pending State Case. The parties are therefore ORDERED to file either a joint brief, or separate briefs, identifying the state case by name, and explaining the status of that case. Their separate briefs or joint brief should be filed no later than 6/15/16 and must not exceed three pages. Signed by Judge Larry Alan Burns. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
November 18, 2015 Opinion or Order Filing 100 DOCKET ENTRY ORDER OF RECUSAL - Pursuant to 28 U.S.C. Section 455(a), the undersigned District Judge hereby issues this order recusing himself from any further proceedings in this matter. The Clerk is requested to reassign this matter to another District Judge. Signed by Judge John C. Coughenour. (klw)
November 18, 2015 DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Larry Alan Burns for all further proceedings. Judge John C. Coughenour no longer assigned to case. Please use this case number on all future pleadings, 1:14-cv-277-LAB (jp)
November 12, 2015 Opinion or Order Filing 99 ORDER REASSIGNING CASE. It is hereby ORDERED that the reference to Judge Candy W. Dale is withdrawn and this case be reassigned in its entirety to the Honorable John C. Coughenour, United States Senior District Judge for the Western District of Washington, for all further proceedings. The case number shall be changed to 1:14-cv-00277-JCC which the parties are directed to use on all future filings. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
October 13, 2015 Opinion or Order Filing 98 DOCKET ENTRY ORDER VACATING TRIAL SETTING. In light of the pending motions in this matter, the parties have stipulated to vacate the trial date. The Court finds good cause has been shown and, therefore, will vacate the November 10, 2015 trial setting. The trial will be reset, if necessary, after the pending motions have been resolved. Signed by Judge Edward J. Lodge. ((lat)
August 21, 2015 Filing 97 AFFIDAVIT in Opposition re #51 MOTION for Summary Judgment Corrected Second Supplemental Affidavit of Fritz X. Haemmerle filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 9/8/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhbit 6, Part 1, #7 Exhbit 6, Part 2, #8 Exhbit 6, Part 3)(Haemmerle, Fritz)
August 21, 2015 Filing 96 AFFIDAVIT in Opposition re #51 MOTION for Summary Judgment filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 9/8/2015. (Attachments: #1 Exhibit 1, #2 Exhbit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, Part 1, #7 Exhbit 6, Part 2, #8 Exhibit 6, Part 3)(Haemmerle, Fritz)
August 11, 2015 Opinion or Order Filing 95 ORDER denying #86 Defendants' Motion to Strike. Defendants will be permitted to submit additional affidavits as set forth in the Court's order. District Judge Edward J. Lodge will consider #78 Defendants' MOTION to Withdraw Admission No. 20 of Elisabeth Grabher upon deciding the pending motions for summary judgment. Signed by Judge Candy W. Dale. (klw)
July 6, 2015 Filing 94 REPLY to Response to Motion re #86 MOTION to Strike filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
June 16, 2015 Filing 93 RESPONSE to Motion re #86 MOTION to Strike filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). Replies due by 7/6/2015. (Attachments: #1 Declaration of Matthew P. Gordon ISO Response to Defendants' Motion to Strike)(Gordon, Matthew)
June 12, 2015 Filing 92 REPLY to Response to Motion re #78 MOTION to Withdraw Admission No. 20 of Elisabeth Grabher Response to Admissions filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
May 26, 2015 Filing 91 RESPONSE to Motion re #78 MOTION to Withdraw Admission No. 20 of Elisabeth Grabher Response to Admissions filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). Replies due by 6/12/2015.(Gordon, Matthew)
May 22, 2015 Filing 90 RESPONSE re #84 Reply to Response to Motion, filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge Response to Evidentiary Objection t. (Attachments: #1 Appendix A)(Haemmerle, Fritz)
May 22, 2015 Opinion or Order Filing 89 DOCKET ENTRY ORDER terminating #85 Motion to Strike. Defendants filed an amended motion at Docket #86 . Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (klw)
May 22, 2015 CORRECTIVE ENTRY - The entry docket number #86 MOTION to Amend/Correct #85 MOTION to Strike #84 Reply to Response to Motion, Third Declaration of Matthew P. Gordon and Declaration of Gregory S. Ruddell filed by Infinity Projects LLC, Elisabeth Grabher, Elmar Grabher, Thomas R. Monge was filed incorrectly in this case as the wrong motion event was used. The correct motion event is "Motion to Strike" as it is not a motion to amend. No action is needed by the filing party as the Clerk's Office will edit the entry.(cjs)
May 21, 2015 Filing 88 MEMORANDUM in Support re #86 MOTION to Amend/Correct #85 MOTION to Strike #84 Reply to Response to Motion, Third Declaration of Matthew P. Gordon and Declaration of Gregory S. Ruddell filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
May 21, 2015 Filing 87 AFFIDAVIT in Support by Fritz X. Haemmerle re #86 MOTION to Amend/Correct #85 MOTION to Strike #84 Reply to Response to Motion, Third Declaration of Matthew P. Gordon and Declaration of Gregory S. Ruddell filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
May 21, 2015 Filing 86 MOTION to Strike re #85 MOTION to Strike #84 Reply to Response to Motion, Third Declaration of Matthew P. Gordon and Declaration of Gregory S. Ruddell, AMENDED Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.Motions referred to Candy W. Dale. Responses due by 6/15/2015 (Haemmerle, Fritz) Modified on 5/22/2015 to edit text per Corrective Entry (cjs).
May 19, 2015 Filing 85 MOTION to Strike #84 Reply to Response to Motion, Third Declaration of Matthew P. Gordon and Declaration of Gregory S. Ruddell Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.Motions referred to Candy W. Dale. Responses due by 6/12/2015 (Haemmerle, Fritz)
May 13, 2015 Filing 84 REPLY to Response to Motion re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). (Attachments: #1 Affidavit Third Declaration of Matthew P. Gordon, #2 Affidavit Declaration of Gregory S. Ruddell)(Gordon, Matthew)
May 12, 2015 Opinion or Order Filing 83 DOCKET ENTRY ORDER granting #82 Motion for Extension of Time to File Response/Reply re #51 MOTION for Summary Judgment Replies due by 5/13/2015. Motion Ripe Deadline set for 5/13/2015. The Court finds there is good cause supported by the affidavit to the motion to grant the requested two-day extension. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (klw)
May 11, 2015 Filing 82 MOTION for Extension of Time to File Response/Reply as to #70 Memorandum in Opposition to Motion for Summary Judgment Matthew P. Gordon appearing for Counter Defendants Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Plaintiffs Lisa S Caputo, Mark E. Caputo.Motions referred to Candy W. Dale. Responses due by 6/4/2015 (Gordon, Matthew)
May 1, 2015 CORRECTIVE ENTRY - The entry docket number #80 Affidavit in Support of Motion was inadvertently filed without attachments. Please disregard. It has been re-filed correctly at dkt #81 .(jp)
April 30, 2015 Filing 81 AFFIDAVIT in Support re #78 MOTION to Withdraw Admission No. 20 of Elisabeth Grabher Response to Admissions Affidavit of Fritz Haemmerle filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Haemmerle, Fritz)
April 30, 2015 Filing 80 AFFIDAVIT in Support re #78 MOTION to Withdraw Admission No. 20 of Elisabeth Grabher Response to Admissions Affidavit of Fritz Haemmerle filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
April 30, 2015 Filing 79 MEMORANDUM in Support re #78 MOTION to Withdraw Admission No. 20 of Elisabeth Grabher Response to Admissions filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
April 30, 2015 Filing 78 MOTION to Withdraw Admission No. 20 of Elisabeth Grabher Response to Admissions Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.Motions referred to Candy W. Dale. Responses due by 5/26/2015 (Haemmerle, Fritz)
April 30, 2015 Filing 77 REPLY to Response to Motion re #48 MOTION for Summary Judgment Reply Brief filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
April 24, 2015 Filing 76 Statement Response to Statement of Facts and Objection re #51 MOTION for Summary Judgment filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
April 24, 2015 Filing 75 AFFIDAVIT in Opposition re #51 MOTION for Summary Judgment Affidavit of G. Joseph Corlett filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 5/11/2015. (Attachments: #1 Exhibit 1)(Haemmerle, Fritz)
April 24, 2015 Filing 74 AFFIDAVIT in Opposition re #51 MOTION for Summary Judgment Second Affidavit of Fritz X. Haemmerle filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 5/11/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Haemmerle, Fritz)
April 24, 2015 Filing 73 AFFIDAVIT in Opposition re #51 MOTION for Summary Judgment Second Affidavit of Thomas Monge filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 5/11/2015. (Attachments: #1 Exhibit 1)(Haemmerle, Fritz)
April 24, 2015 Filing 72 AFFIDAVIT in Opposition re #51 MOTION for Summary Judgment Affidavit of Elmar Grabher filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 5/11/2015. (Attachments: #1 Exhibit 1)(Haemmerle, Fritz)
April 24, 2015 Filing 71 AFFIDAVIT in Opposition re #51 MOTION for Summary Judgment Affidavit of Elisabeth Grabher filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 5/11/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Haemmerle, Fritz)
April 24, 2015 Filing 70 MEMORANDUM in Opposition re #51 MOTION for Summary Judgment filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Replies due by 5/11/2015.(Haemmerle, Fritz)
April 20, 2015 Filing 69 NOTICE by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge re #47 Affidavit in Support of Motion,, Notice of Filing Hard Copy of Yeager Report, Exhbits 1 - 4 of Yeager Affidavit (Haemmerle, Fritz) (Received 1 binder/ stored in Clerk's Office- jp).
April 13, 2015 Filing 68 RESPONSE to Motion re #46 MOTION to Take Judicial Notice of Local Ordinances filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). Replies due by 4/30/2015.(Gordon, Matthew)
April 13, 2015 Filing 67 DECLARATION of Matthew P. Gordon filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
April 13, 2015 Filing 66 DECLARATION of Mark E. Caputo filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Gordon, Matthew)
April 13, 2015 Filing 65 Statement Response to Statement of Material Facts Not in Dispute filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust).(Gordon, Matthew)
April 13, 2015 Filing 64 RESPONSE to Motion re #36 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). Replies due by 4/30/2015.(Gordon, Matthew)
March 31, 2015 Filing 63 DECLARATION of Michael Haxby re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
March 31, 2015 Filing 62 DECLARATION of John Griffith re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
March 31, 2015 Filing 61 DECLARATION of Marilana Lervick Rubatino re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
March 31, 2015 Filing 60 DECLARATION of Kristin Sweeney Smith re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
March 31, 2015 Filing 59 DECLARATION of Micah Austin re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
March 31, 2015 Filing 58 DECLARATION of Polly King re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Attachments: #1 Exhibit Exhibit A to Declaration of Polly King)(Gordon, Matthew)
March 31, 2015 Filing 57 DECLARATION of Susan M. Scovell re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
March 31, 2015 Filing 56 DECLARATION of Robert Korb re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
March 31, 2015 Filing 55 DECLARATION of Mark E. Caputo re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Attachments: #1 Exhibit Exhibit A-C to Declaratoan of Mark E. Caputo)(Gordon, Matthew)
March 31, 2015 Filing 54 DECLARATION of Matthew P. Gordon re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Attachments: #1 Exhibit Exhibits A-I to Declaraton of Matthew P. Gordon)(Gordon, Matthew)
March 31, 2015 Filing 53 Statement Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust).(Gordon, Matthew)
March 31, 2015 Filing 52 MEMORANDUM IN SUPPORT re #51 MOTION for Summary Judgment filed by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust) . (Gordon, Matthew)
March 31, 2015 Filing 51 MOTION for Summary Judgment Matthew P. Gordon appearing for Counter Defendants Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Lisa S Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Mark E. Caputo, Plaintiffs Lisa S Caputo, Mark E. Caputo. Responses due by 4/24/2015 (Gordon, Matthew)
March 31, 2015 Filing 50 Corporate Disclosure Statement by Infinity Projects LLC. (Haemmerle, Fritz)
March 26, 2015 Opinion or Order Filing 49 DOCKET ENTRY ORDER - Pending is a motion to amend motion for summary judgment #48 . The Court has reviewed the filing. The request seeks to substitute the pleading titled Amended Motion for Summary Judgment #48 for the pleading titled Motion for Summary Judgment #36 to correct typographical errors and clarify that the Defendants/Counterclaimants do not seek summary judgment on any issue with respect to damages. The motion to substitute the pleading is therefore granted. The Clerk shall terminate the motion at Dkt. #36 , and the Court shall consider the present pleading at Dkt. #48 to be the operative pleading, nunc pro tunc to March 20, 2015. Signed by Judge Candy W. Dale. (klw)
March 26, 2015 Set/Reset Deadlines as to #48 MOTION to Amend/Correct #36 MOTION for Summary Judgment Amended Motion for Summary Judgment. Docket Entry Order is nunc pro tunc to 3/20/15 so the correct response due date for dkt 48 should be by 4/13/2015 (the same as it was for dkt 36)(jp)
March 25, 2015 Filing 48 MOTION to Amend/Correct #36 MOTION for Summary Judgment Amended Motion for Summary Judgment Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Responses due by 4/20/2015 (Haemmerle, Fritz) Modified on 3/26/2015 to change to Motion for Summary Judgment (jp). Modified on 11/4/2015 to edit text (jp).
March 23, 2015 CORRECTIVE ENTRY - The entries docket numbers #37 , #38 , & #39 MOTIONs for Summary Judgment filed by Infinity Projects LLC, Elisabeth Grabher, Elmar Grabher, Thomas R. Monge were filed using the incorrect docket event as they are not motions. For future reference, do not use the event "Motion" for supporting documents. The docket clerk will term the incorrect pending motion docket entries 37, 38 and 39. (jp)
March 20, 2015 Filing 47 AFFIDAVIT in Support re #36 MOTION for Summary Judgment Affidavit of Brian Yeager filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. (Attachments: #1 Exhibit Exhibit 1, 1 of 7, #2 Exhibit Exhibt 2, 1 of 2, #3 Exhibit Exhibit 1, 3 of 7, #4 Exhibit Exhibit 1, 4 of 7, #5 Exhibit Exhibit 1, 5 of 7, #6 Exhibit Exhibit 1, 6 of 7, #7 Exhibit Exhibit 1, 7 of 7, #8 Exhibit Exhibit 2, #9 Exhibit Exhibit 3, 1 of 2, #10 Exhibit Exhibit 3, 2 of 2, #11 Exhibit Exhibit 4)(Haemmerle, Fritz)
March 20, 2015 Filing 46 MOTION to Take Judicial Notice of Local Ordinances Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge, Counter Claimants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.Motions referred to Candy W. Dale. Responses due by 4/13/2015 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Haemmerle, Fritz)
March 20, 2015 Filing 45 AFFIDAVIT in Support re #36 MOTION for Summary Judgment Affidavit of Thomas Monge filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Haemmerle, Fritz)
March 20, 2015 Filing 44 AFFIDAVIT in Support re #36 MOTION for Summary Judgment Affidavit of Tammy Robison filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, Part 1, #3 Exhibit Exhibit 2, Part 2)(Haemmerle, Fritz)
March 20, 2015 Filing 43 AFFIDAVIT in Support re #36 MOTION for Summary Judgment Affidavit of Micah Austin filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. (Attachments: #1 Exhibit Exhibit 1, Part 1, #2 Exhibit Exhibit 1, Part 2, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9)(Haemmerle, Fritz)
March 20, 2015 Filing 42 AFFIDAVIT in Support re #36 MOTION for Summary Judgment Affidavit of Fritz X. Haemmerle filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Haemmerle, Fritz)
March 20, 2015 Filing 41 Statement Statment of Material Facts Not in Dispute re #36 MOTION for Summary Judgment filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC.(Haemmerle, Fritz)
March 20, 2015 Filing 40 MEMORANDUM in Support re #36 MOTION for Summary Judgment filed by Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge.(Haemmerle, Fritz)
March 20, 2015 Filing 39 MOTION for Summary Judgment Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Responses due by 4/13/2015 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Haemmerle, Fritz)
March 20, 2015 Filing 38 MOTION for Summary Judgment Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Responses due by 4/13/2015 (Haemmerle, Fritz)
March 20, 2015 Filing 37 MOTION for Summary Judgment Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Responses due by 4/13/2015 (Haemmerle, Fritz)
March 20, 2015 Filing 36 MOTION for Summary Judgment Fritz Xavier Haemmerle appearing for Defendants Elisabeth Grabher, Elmar Grabher, Infinity Projects LLC, Thomas R. Monge. Responses due by 4/13/2015 (Haemmerle, Fritz)
March 11, 2015 Opinion or Order Filing 35 ORDER to Extend Discovery Deadline for Purpose of Taking Expert Depositions, re #34 Stipulation, filed by Lisa S Caputo, Mark E. Caputo, ( Discovery due by 3/13/2015). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
February 27, 2015 Filing 34 STIPULATION re #11 Scheduling Order, Order Referring Case to Magistrate Judge,,,, by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). (Gordon, Matthew)
February 20, 2015 Filing 33 Plaintiffs' ANSWER to Amended Counterclaim, re #29 , #30 , #31 , #32 Answers to Amended Complaint, Counterclaim, by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust).(Gordon, Matthew) Modified on 2/27/2015 to edit text (jp).
February 2, 2015 Filing 32 Defendants' ANSWER to #22 Amended Complaint, Second, Amended COUNTERCLAIM against All Plaintiffs by Thomas R. Monge.(Haemmerle, Fritz)
February 2, 2015 Filing 31 Defendants' ANSWER to #22 Amended Complaint, Second, Amended COUNTERCLAIM against All Plaintiffs by Infinity Projects LLC.(Haemmerle, Fritz)
February 2, 2015 Filing 30 Defendants' ANSWER to #22 Amended Complaint, Second, Amended COUNTERCLAIM against All Plaintiffs by Elmar Grabher.(Haemmerle, Fritz)
February 2, 2015 Filing 29 Defendants' ANSWER to #22 Amended Complaint, Second, Amended COUNTERCLAIM against All Plaintiffs by Elisabeth Grabher.(Haemmerle, Fritz)
February 2, 2015 Filing 28 NOTICE of Appearance by Fritz Xavier Haemmerle on behalf of Infinity Projects LLC (Haemmerle, Fritz)
February 2, 2015 Filing 27 NOTICE of Appearance by Fritz Xavier Haemmerle on behalf of Elisabeth Grabher (Haemmerle, Fritz)
January 29, 2015 Filing 26 SUMMONS Returned Executed by Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust), Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust). Infinity Projects LLC served on 1/29/2015, answer due 2/19/2015. (Gordon, Matthew)
January 29, 2015 Filing 25 SUMMONS Returned Executed by Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust), Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust). Elisabeth Grabher served on 1/29/2015, answer due 2/19/2015. (Gordon, Matthew)
January 28, 2015 Filing 24 Summons Issued as to Elisabeth Grabher, Infinity Projects LLC. (Print attached Summons for service.) (Attachments: #1 Summons)(jp)
January 23, 2015 Opinion or Order Filing 23 DOCKET ENTRY ORDER GRANTING #21 Stipulation To File Second Amended Complaint. The Second Amended Complaint #22 is deemed filed as of the date of this Order. Signed by Judge Candy W. Dale. (klw)
January 21, 2015 Filing 22 AMENDED COMPLAINT (Second) against Elmar Grabher, Thomas R. Monge, filed by Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust), Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust).(Gordon, Matthew)
January 21, 2015 Filing 21 STIPULATION to File Second Amended Complaint by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). (Gordon, Matthew)
January 8, 2015 Filing 20 NOTICE by Elmar Grabher Haemmerle Firm Name Change (Haemmerle, Fritz)
January 2, 2015 Filing 19 Expert Witness Disclosure filed by Defendant Elmar Grabher. (Haemmerle, Fritz)
December 23, 2014 Filing 18 AMENDED ANSWER to #14 Amended Complaint and, COUNTERCLAIM against All Plaintiffs by Thomas R. Monge.(Haemmerle, Fritz)
December 23, 2014 Filing 17 AMENDED ANSWER to #14 Amended Complaint and, COUNTERCLAIM against All Plaintiffs by Elmar Grabher.(Haemmerle, Fritz)
December 9, 2014 Opinion or Order Filing 16 ORDER. The Court hereby GRANTS the parties Stipulation #13 . The Amended Complaint #14 is deemed filed as of the date of this Order. An answer to the Amended Complaint is due on or before 12/23/2014 (Elmar Grabher answer due 12/23/2014; Thomas R. Monge answer due 12/23/2014). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
November 14, 2014 Filing 14 AMENDED COMPLAINT (First) against All Defendants, filed by All Plaintiffs.(Gordon, Matthew)
November 14, 2014 Filing 13 STIPULATION to File First Amended Complaint by Lisa S Caputo, Mark E. Caputo. (Gordon, Matthew)
November 14, 2014 Filing 12 NOTICE of Change of Address by Matthew P. Gordon (Gordon, Matthew)
October 3, 2014 The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (jp)
September 29, 2014 Opinion or Order Filing 11 SCHEDULING ORDER The telephonic scheduling conference set on 10/10/14 is VACATED. ( Amended Pleadings & Joinder of Parties due by 1/31/2015, Mediation shall take place by 1/30/2015, Discovery due by 2/28/2015, Pre-Trial Motions due by 3/31/2015, Bench Trial set for 11/10/2015 09:30 AM in Boise - Courtroom 2 before Judge Edward J. Lodge. All non-dispositive matters are referred to United States Magistrate Judge Candy W. Dale. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
September 26, 2014 Filing 10 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Lisa S Caputo, Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust). (Gordon, Matthew)
August 15, 2014 Filing 9 Plaintiffs/Counterdefendants ANSWER to #7 Answer to Complaint, Counterclaim, #6 Answer to Complaint, Counterclaim , and ANSWER to #7 Answer to Complaint, Counterclaim, #6 Answer to Complaint, Counterclaim by Lisa S Caputo(in her capacity as Trustee of the Lisa S. Caputo Sun Valley Residence Trust), Mark E. Caputo(in his capacity as Trustee of the Mark E. Caputo Sun Valley ResidenceTrust).(Gordon, Matthew)
July 29, 2014 Filing 8 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Lisa S Caputo, Mark E. Caputo, Elmar Grabher, Thomas R. Monge re #1 Complaint, #7 Answer to Complaint, Counterclaim. Consent/Objection to Magistrate due by 10/2/2014. (jp)
July 28, 2014 Filing 7 Defendant Grabher ANSWER to #1 Complaint , COUNTERCLAIM against All Plaintiffs by Elmar Grabher.(Haemmerle, Fritz)
July 28, 2014 Filing 6 Defendats' ANSWER to #1 Complaint , COUNTERCLAIM against All Plaintiffs by Thomas R. Monge.(Haemmerle, Fritz)
July 14, 2014 Filing 5 AFFIDAVIT of Service for Complaint/Summons served on Elmar Grabher on 07/07/2014, filed by Lisa S Caputo, Mark E. Caputo. (Gordon, Matthew)
July 14, 2014 Filing 4 AFFIDAVIT of Service for Complaint/Summons served on Thomas R. Monge on 07/07/2014, filed by Lisa S Caputo, Mark E. Caputo. (Gordon, Matthew)
July 10, 2014 Opinion or Order Filing 3 LITIGATION ORDER On or before 9/26/14 the parties shall file with the court the joint Litigation Plan. Telephonic Scheduling Conference set for 10/10/2014 10:00 AM in Telephonic Hearing - Boise Chambers before Judge Edward J. Lodge. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
July 7, 2014 Filing 2 Summons Issued as to Elmar Grabher, Thomas R. Monge. (Print attached Summons for service.) (Attachments: #1 Summons)(jp)
July 7, 2014 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-1180034.), filed by All Plaintiffs. (Attachments: #1 Cover Sheet, #2 Summons, #3 Summons)(Gordon, Matthew)

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Search for this case: Caputo et al v. Monge et al
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Plaintiff: Mark E. Caputo
Represented By: Matthew P. Gordon
Represented By: Nicholas P Gellert
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Plaintiff: Lisa S Caputo
Represented By: Matthew P. Gordon
Represented By: Nicholas P Gellert
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Defendant: Thomas R. Monge
Represented By: Fritz Xavier Haemmerle
Represented By: Edward A Lawson
Represented By: Erin F Clark
Represented By: William K. Kane
Represented By: Heather Elizabeth O'Leary
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Defendant: Elmar Grabher
Represented By: Edward A Lawson
Represented By: Erin F Clark
Represented By: William K. Kane
Represented By: Fritz Xavier Haemmerle
Represented By: Heather Elizabeth O'Leary
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Defendant: Elisabeth Grabher
Represented By: William K. Kane
Represented By: Fritz Xavier Haemmerle
Represented By: Edward A Lawson
Represented By: Erin F Clark
Represented By: Heather Elizabeth O'Leary
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Defendant: Infinity Projects LLC
Represented By: Edward A Lawson
Represented By: Erin F Clark
Represented By: William K. Kane
Represented By: Fritz Xavier Haemmerle
Represented By: Heather Elizabeth O'Leary
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