Copper Sands Homeowners Association, Inc. et al v. Copper Sands Realty, LLC et al
| Copper Sands Homeowners Association, Inc., Everett F. Croxson, Paul Doyle, Richard Dressler, Richard Emanuel, David G. Ferguson, Hilary Garber, Steven Gazza, Doron Gerby, Milorad Jagrovic, Marcia Jarrett, Arlene Marentic, Bojan Nenadic, Catalin Nistor, Zui Yi Qui, Myra Schultz, Jane Soo Hoo Lui and Charles Wood |
| Brent Jones Services, Inc., CBC Investments, Inc., CS Consulting Service, LLC, Jim Cerrone, Robert Colucci, Complex Solutions, Limited, Condo Club, Condo Club - Las Vegas, Condo Club Las Vegas, Copper Sands Investors LP, Copper Sands Realty, LLC, Countrywide Home Loans, Inc., Teresa Cushman, DFT, Inc., Dario Deluca, Renato Deluca, Shawn Heyl, Lynda Hoang, Irwin Mortgage Corporation, Brent Jones, Manietta Electric, Inc., Mortgage Loan Specialists, Inc., Pacifica Enterprises Holdings LP, Pacifica Enterprises LLC, Pacifica Enterprises, Inc., Pacifica Marketing Services, LLC, Pacifica Real Estate Investments, Inc., Pacifica Real Estate Services, Inc., Plaster Development Company, Inc., Premier Communities, Inc., Premier Financial, LLC, Premier Realty Services, Inc., Premier Residential, Inc., Signature Homes, Signature Homes, Inc. and Vimark RE Enterprises, LLC |
| 2:2010cv00510 |
| April 9, 2010 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Real Property: Other |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| None |
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Filing
911
ORDER. IT IS ORDERED that 908 the motion to stay is DENIED as moot, and 905 the motion for judgment debtor examination is GRANTED in part and DENIED in part without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 10/2/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
904
ORDER. IT IS HEREBY ORDERED that 877 Defendant's Motion for Re-Taxation of Costs and 878 Plaintiff's Motion to Extend Time to File a Motion to Retax Costs are DENIED. Signed by Chief Judge Gloria M. Navarro on 3/22/17. (Copies have been distributed pursuant to the NEF - MR)
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Filing
896
JUDGMENT on Attorney Fees. Judgment is entered in favor of Defendant DFT, Inc. dba The Cannon Management Company and against PlaintiffCopper Sands Homeowners Association, Inc. Defendant is awarded $951,656.60 in attorneys' fees Signed by Clerk of Court, Lance S. Wilson. (Copies have been distributed pursuant to the NEF - DL)
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Filing
880
ORDER re 861 Motion for Attorney Fees. Both parties shall file, no later than May 11, 2016, simultaneous briefing providing a thorough analysis (supported by legal authority) on this issue.1 Those briefs shall be limited to 10 pages in length. Signed by Magistrate Judge Nancy J. Koppe on 4/27/16. (Copies have been distributed pursuant to the NEF - TR)
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Filing
869
ORDER Granting 868 Stipulation re 861 MOTION for Attorney Fees. Responses due by 3/21/2016. Signed by Magistrate Judge Nancy J. Koppe on 3/10/16. (Copies have been distributed pursuant to the NEF - TR)
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Filing
867
ORDER Denying 866 Stipulation to Extend Time to File Response to Motion for Attorney's Fees, Costs and Interest. Signed by Magistrate Judge Nancy J. Koppe on 3/9/16. (Copies have been distributed pursuant to the NEF - TR)
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Filing
863
ORDER Granting 862 Stipulation to Extend Time to File Response to Verified Memorandum of Costs. Signed by Chief Judge Gloria M. Navarro on 2/29/16. (Copies have been distributed pursuant to the NEF - TR)
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Filing
843
MINUTES OF PROCEEDINGS - Jury Trial (Day 16) held on 2/2/2016 before Chief Judge Gloria M. Navarro. Crtrm Administrator: Aaron Blazevich; Pla Counsel: Terry Wike and Charles Kelly; Def Counsel: Robert Carlson and Andrew Green; Court Reporter/FTR #: Araceli Bareng; Time of Hearing: 8:05 a.m. - 2:17 p.m.; Courtroom: 7D; Jury Trial (Day 16). The Court DENIES the 829 Motion for Judgment. Plaintiff's witness: Kenneth Rowan, Michael Trudell, and Jan Brussel. Evidence marked.Jury Trial continued to 2/3/2016 at 9:00 AM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
815
MINUTES OF PROCEEDINGS - Jury Trial (Day 8) held on 1/20/2016 before Chief Judge Gloria M. Navarro. Crtrm Administrator: Aaron Blazevich; Pla Counsel: Terry Wike and Charles Kelly; Def Counsel: Robert Carlson and Andrew Green; Court Reporter/FTR #: Araceli Bareng; Time of Hearing: 9:08 a.m. - 4:33 p.m.; Courtroom: 7D; Jury Trial (Day 8). Plaintiff's witnesses: Michael Trudell. Evidence admitted. The Court denies the 814 Motion for Judgment. Jury Trial continued to 1/21/2016 at 1:00 PM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
731
ORDER Granting 730 Stipulation to Extend Time. Proposed Joint Pretrial Order due by 9/11/2015. Signed by Chief Judge Gloria M. Navarro on 8/27/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
729
ORDER that 716 Motion for District Judge to Reconsider Order is DENIED. IT IS FURTHER ORDERED that 717 Motion for District Judge to Reconsider Order is DENIED. IT IS FURTHER ORDERED that 724 Motion for Leave to File is DENIED as moot. IT IS FURTHER ORDERED that Joint Pretrial Order due by 8/28/2015. Signed by Chief Judge Gloria M. Navarro on 7/29/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
722
ORDER granting 720 Stipulation of Dismissal as to CS Consulting Service, LLC with prejudice. Each party to bear its own fees and costs. Signed by Chief Judge Gloria M. Navarro on 4/1/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
712
ORDER that 679 Motion for Summary Judgment is GRANTED in part and DENIED in part. Accordingly, the Court dismisses the following claims against Cannon: (1) breach of implied warranty; (2) negligence; and (3) negligent misrepresentation. However, Plaintiffs claim of breach of contract survives Cannons Motion and remains the only claim for resolution at trial. Signed by Chief Judge Gloria M. Navarro on 3/5/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
700
ORDER Granting 678 Defendant Cannon Management's Motion to Strike Section 18 from Jan Brussel's 5/27/2011, expert report. Signed by Magistrate Judge Nancy J. Koppe on 6/4/2014. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
687
ORDER Denying 682 Plaintiffs' Motion for Leave to File Excess Pages. IT IS FURTHER ORDERED that Plaintiffs shall have through and including 5/16/2014 to file their Response in Opposition to 679 Defendant DFT, Inc., dba The Cannon Management Company's Motion for Summary Judgment. Signed by Chief Judge Gloria M. Navarro on 4/23/14. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
683
ORDER that a Motion Hearing re: 627 Defendant's Motion For Determination of Good Faith Settlement is set for 4/22/2014 09:30 AM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. IT IS FURTHER ORDERED that this hearing may be vacated upon the filing of a notice of non-opposition by Defendant Cannon Management Company or a stipulation signed by both parties. Signed by Chief Judge Gloria M. Navarro on 04/15/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
676
ORDER that the dispositive motions deadline is extended to 4/8/14, for the limited purpose of allowing Defendant to file a renewed Motion for Summary Judgment. IT IS FURTHER ORDERED that 674 Stipulation to Extend Time to File Proposed Joint Pretrial Order is GRANTED. Proposed Joint Pre-Trial Order due by 5/8/2014. Signed by Chief Judge Gloria M. Navarro on 3/18/2014. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
668
AMENDED ORDER re 667 MINUTES OF PROCEEDINGS of Motion Hearing. Plaintiff's written support for its timeliness argument must be file no later than 3/7/14. Defendant's response shall be filed no later than 3/14/14, and a reply from Plai ntiff shall be filed no later than 3/18/14. Defendant's supplemental brief shall be filed no later than 3/7/14. Plaintiff's responsive brief shall be filed no later than 3/14/14, and any reply from Defendant shall be filed no later than 3/18/14. Signed by Magistrate Judge Nancy J. Koppe on 2/20/14. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
661
ORDER Granting 662 Stipulation to Extend Time re 645 Order to Show Cause. Defendant Cannon Management's Motion of Points and Authorities extended to 1/29/2014. Plaintiff's Responses to Defendant Cannon Management's Motions of Points and Authorities extended to 2/5/14. Signed by Chief Judge Gloria M. Navarro on 1/24/14. (Copies have been distributed pursuant to the NEF - EDS) Modified on 1/27/2014 to link to stipulation filed out of order (EDS).
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Filing
656
ORDER Granting 626 Motion for Determination of Good Faith Settlement filed by Plaster Development Company, Inc. and Jim Cerrone. IT IS FURTHER ORDERED that 616 Plaintiffs' MOTION for District Judge to Reconsider Order re 615 Order on Motion for Summary Judgment is DENIED as moot. Signed by Chief Judge Gloria M. Navarro on 1/21/14. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
645
ORDER that Plaintiffs are to file their Response to 643 Renewed Motion to Set Aside Plaintiff's Assertion of Attorney-Client Privilege by 11/1/2013. Failure to do so may result in the Court finding the renewed motion to be unopposed. Signed by Magistrate Judge Nancy J. Koppe on 10/30/2013. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
640
ORDER re 631 Renewed Motion in Support of Motion to Set Aside. Defendant shall file a renewed motion to set aside no later than 10/24/2013. Plaintiffs shall file a response to that renewed motion no later than 10/29/2013. Defendant shall file rep ly no later than 11/1/13. To the extent 631 Defendant's opening brief constitutes a renewed motion to set aside, is hereby DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 10/21/2013. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
625
ORDER Denying 577 Motion for District Judge to Reconsider Order. Signed by Judge Gloria M. Navarro on 9/19/2013. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
624
ORDER Setting Status Conference. A Status Conference is hereby set for 9/30/2013 at 11:00 AM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 9/18/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
615
ORDER Granting in Part and Denying in Part 307 Defendants' Motion for Summary Judgment (see Order for specifics). Signed by Judge Gloria M. Navarro on 6/26/2013. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
611
ORDER Denying 472 Defendant's Motion to Strike Michael Trudell's 01/31/2012, Supplemental Report without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 06/05/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
610
ORDER Granting 609 Motion to Excuse Attendance at the June 17, 2013 Settlement Conference. Signed by Magistrate Judge Peggy A. Leen on 4/25/2013 on behalf of Judge Robert A. McQuaid. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
605
ORDER that 468 Motion to Reconsider is DENIED. Signed by Judge Gloria M. Navarro on 3/28/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
572
ORDER Granting 559 Motion to Set Aside. Signed by Magistrate Judge Robert J. Johnston on 12/31/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
551
ORDER Granting 533 Motion to Extend Discovery. Discovery due by 10/12/2012. Signed by Magistrate Judge Robert J. Johnston on 8/30/2012. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
518
ORDER Granting Stipulation of Dismissal. Defendant Countrywide Home Loans Inc (CHL) dismissed with prejudice. Each party will bear their/its own attorneys' fees and costs. Signed by Judge Gloria M. Navarro on 6/28/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
514
ORDER granting 495 Motion for Good Faith Settlement Except as to Irwin Mortgage Corporation. Countrywide Home Loans, Inc. terminated. Signed by Judge Gloria M. Navarro on 6/25/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
509
ORDER granting Defendants' Emergency 441 Motion for Determination of Good Faith Settlement, except as to defendant Irwin Mortgage Corporation. Signed by Judge Gloria M. Navarro on 6/18/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
500
ORDER OF RECUSAL. This action is referred to the Clerks Office for reassignment. Signed by Magistrate Judge George Foley, Jr on 6/8/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
454
ORDER that Cannon Management's deadline to respond to CSR's 441 Emergency MOTION Determination of Good Faith Settlement is extended to 5/4/2012. Signed by Judge Gloria M. Navarro on 4/13/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
427
ORDER that Defendants, Copper Sands Investors, LP, Pacifica Enterprises Holdings, LP, Pacifica Enterprises, Inc., Pacifica Enterprises LLC, Pacifica Real Estate Investments, Inc., Pacifica Real Estate Services, Inc., and Vimark RE Enterprises, LLCs (hereinafter Defendants) Motion to Reconsider the Magistrates Order 145 is GRANTED in part and DENIED in part. The magistrate judges ruling that Plaintiffs request for production no. 10 is discoverable is AFFIRMED. The magistrate judges ruling that Plaintiffs requests for production nos. 11, 12, 14, 15, 16, 17, 18, 22, 23, 24, 27, 28, and 30 through 37 that request materials related to different real estate projects are discoverable is AFFIRMED. The magistrate judges ruling that Plaintiffs req uests for production 13, 14, 15, 16, 17, 18 and 28, which request Defendants and others confidential financial and taxation records in requests is REMANDED for a determination regarding whether the requested items are relevant and whether there is a compelling need for them because the information sought is not otherwise available. Signed by Judge Gloria M. Navarro on 3/29/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
425
ORDER that Defendant CS Consulting Service, LLCs Motion for Summary Judgment 250 is GRANTED in part and DENIED part. CS Consultings request for summary judgment on Plaintiffs claims for negligent misrepresentation, breach of contract and implied warranty is DENIED. Summary Judgment is entered in favor of CS Consulting on Plaintiffs claim for negligence. Signed by Judge Gloria M. Navarro on 3/27/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
411
ORDER that Defendants Copper Sands Realty, LLC, Robert Colucci, and Dario Delucas Motion to Strike the proffered testimony of Plaintiffs expert Michael Trudell 135 is GRANTED in part and DENIED in part. See Order for details. Signed by Judge Gloria M. Navarro on 3/21/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
408
ORDER that Defendant Brent Jones Services, Inc.s Motion for Summary Judgment 249 is GRANTED in part. Summary Judgment is GRANTED in favor of Brent Jones Services, Inc. on Plaintiffs claims of negligence and negligent misrepresentation. Plaintiffs claim of breach of implied warranty is DISMISSED against Brent Jones Services, Inc. Defendant Brent Jones Motion for Summary Judgment 297 is GRANTED. Brent Jones terminated. Signed by Judge Gloria M. Navarro on 3/20/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
382
ORDER that Plaintiffs Emergency Motion to Strike Joinders 349 is GRANTED in part and DENIED in part. See Order for details. Signed by Judge Gloria M. Navarro on 3/7/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
350
ORDER that Plaintiffs' Motion for Extension of Time 34 is GRANTED. Responses to the 308 310 311 312 313 Motions for Partial Summary Judgment are due by February 27, 2012. Response to the 340 Motion for Summary Judgment is due by 3/5/12. Signed by Judge Gloria M. Navarro on 2/13/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
341
ORDER granting 336 Stipulation to Extend Deadline. Responses due by 3/5/2012 re 306 MOTION for Summary Judgment. Signed by Judge Gloria M. Navarro on 2/7/12. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
280
ORDER Granting 62 Motion to Dismiss Crossclaim. Signed by Judge Gloria M. Navarro on 9/26/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
278
ORDERED that 270 Emergency Motion for Enlargement of Time to Complete Deposition of Don L. Gifford is granted as follows: (1) Plaintiffs will produce their electrical expert, Don L. Gifford, for one additional day of deposition testimony. Defendants will avoid duplicative questioning. (2) The deposition will be completed no later than September 29, 2011. Signed by Magistrate Judge Lawrence R. Leavitt on 9/20/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
256
ORDER Denying 209 Plaintiff's Motion to Strike and 214 Plaintiff's Motion to Extend Deadline to File Plaintiffs' Expert Supplemental Reports. Signed by Magistrate Judge Lawrence R. Leavitt on 7/5/11. (Copies have been distributed pursuant to the NEF - EDS)
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Filing
251
ORDERED that defendants' Emergency Joint Motion for extension of Scheduling Order Deadlines 163 is GRANTED. FURTHER ORDERED that Motion to Extend Discovery for Plaintiffs Due to Defendants, Countrywide Home Loans, Inc.'s Pending Motion t o Dismiss Second Amended Complaint 208 is denied without prejudice. FURTHER ORDERED that Motion to Extend Discovery for Plaintiffs 211 is denied as moot. FURTHER ORDERED that Motion to Extend Discovery for Plaintiffs Due to Defendant, Plaster Dev elopment Company, Inc.'s Failure to Disclose over 20,000 Documents 213 is denied as moot. FURTHER ORDERED that the court's Order 157 Scheduling Settlement Conference is vacated. FURTHER ORDERED that defendant, Irwin Mortgage Corp oration's Request for Permission to Attend the Settlement Conference by Telephone 248 is denied as moot. FINALLY ORDERED that the scheduling order is hereby modified to reflect the following deadlines: Discovery cutoff - 9/29/11; Dispositive motions - 10/29/11; Interim Status Report - 8/2/11; Joint Pretrial Order - 11/29/11. Signed by Magistrate Judge Lawrence R. Leavitt on 7/1/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
156
ORDERED that defendant Brent Jones' Motion to Compel Plaintiffs' Discovery Responses 114 is granted to the extend that plaintiffs, not later than 5/10/2011, shall serve Brent Jones with verified supplemental responses to the interrogatories. FURTHER ORDERED that in all other respects the motion 114 is denied without prejudice. Signed by Magistrate Judge Lawrence R. Leavitt on 5/4/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
134
ORDER that Defendants Cooper Sands Realty, LLC, Robert Colucci, and Dario Delucas Motion to Dismiss 4 is GRANTED. Plaintiffs eighteen, nineteenth, twentieth, and twenty-first causes of action are DISMISSED without prejudice. Plaintiffs are granted leave to amend these claims within thirty (30) days of the date of this Order. Signed by Judge Gloria M. Navarro on 3/31/11. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
129
ORDER Denying 23 Motion to Remand to State Court without prejudice. Signed by Judge Gloria M. Navarro on 3/16/11. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
127
ORDER Denying 112 Motion to Strike Discovery, or in the Alternative for Protective Order. Signed by Magistrate Judge Lawrence R. Leavitt on 3/15/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
105
ORDER Granting 104 Notice of Substitution of Counsel, filed by The Cannon Management Company. Attorneys Peter C. Brown and Karen M. Baytosh are substituted for Defendant, The Cannon Management Company, in place of Carolyn Broussard. Signed by Magistrate Judge Lawrence R. Leavitt on 1/21/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
103
AMENDED ORDER Amending 102 Order on Motion for Protective Order. ORDERED that 90 Motion for Protective Order to Quash Plaintiffs' Subpoena Duces Tecum for 1st Pacific Bank of California is GRANTED. The subpoena issued to 1st Pacific B ank of California is hereby quashed as to defendants Copper Sands Realty, LLC, Robert Colucci, Dario Deluca, and Copper Sands Investors LP; and as to dismissed defendant CBC Investments, Inc., and defendants Copper Sands Investors, LP, Renato De Luca a/k/a Ray De Luca and Ray De Luca, Pacifica Enterprises Holdings, LP, Pacifica Enterprises, Inc., Pacific Enterprises, LLC, Pacifica Real Estate Investments, Inc., Pacific Real Estate Services, Inc., and Vimark RE Enterprises, LLC. Signed by Magistrate Judge Lawrence R. Leavitt on 1/13/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
86
ORDER Denying 80 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge Lawrence R. Leavitt on 10/18/2010. (Copies have been distributed pursuant to the NEF - SD)
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Filing
74
ORDER Approving 71 Amended Stipulated Discovery Plan and Scheduling Order and Denying as Moot 70 Objection to 67 Scheduling Order. Signed by Magistrate Judge Lawrence R. Leavitt on 9/2/2010. (Copies have been distributed pursuant to the NEF - DXS)
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Filing
69
ORDER Granting 30 Motion to Dismiss for Lack of Jurisdiction as to CBC Investments, Inc. Signed by Judge Gloria M. Navarro on 8/9/10. (Copies have been distributed pursuant to the NEF - ASB)
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