Best Vinyl et al v. Homeland Vinyl Products
Plaintiff: Best Vinyl and Vanguard Vinyl
Consolidated Plaintiff: Homeland Vinyl Products and Marwit Capital Partners II
Consolidated Defendant: Vance C. Barrett, Melanie R. Barrett, Scott R. Petersen, Marilyn J. Petersen and David Patey
Cross Defendant: Best Vinyl Fence & Deck
Case Number: 2:2010cv01158
Filed: November 23, 2010
Court: US District Court for the District of Utah
Office: Central Office
County: Utah
Presiding Judge: David Nuffer
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Breach of Contract
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on March 7, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2013 Opinion or Order Filing 274 ORDER granting #273 Stipulated Motion to Dismiss remaining claims with prejudice - CASE CLOSED. Signed by Judge David Nuffer on 3/6/13 (alt)
March 5, 2013 Opinion or Order Filing 273 STIPULATED MOTION to Dismiss of all Pending Claims by Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Maxfield, Eric) Modified on 3/6/2013 ; changed event from Stipulation to Stipulated Motion (asp).
March 5, 2013 Opinion or Order Filing 272 SATISFACTION OF JUDGMENT entered In favor of Homeland Vinyl Products Against Vance C. Barrett, In favor of Homeland Vinyl Products Against Scott R. Petersen, In favor of Homeland Vinyl Products Against Marilyn J. Petersen, In favor of Homeland Vinyl Products Against Melanie R. Barrett, In favor of Homeland Vinyl Products Against Marwit Capital Partners II by Homeland Vinyl Products. (Maxfield, Eric)
February 28, 2013 Opinion or Order Filing 271 DOCKET TEXT ORDER re Docket Text Order entered on 01/25/2013. Pursuant to the parties' request for a 14 day extension of time to submit dismissal papers, lodged at #270 , the parties are ordered to submit appropriate dismissal papers on or before March 14, 2013. No attached document. Signed by Judge David Nuffer on 02/28/2013. (mjh)
February 28, 2013 Opinion or Order Filing 270 DOCUMENTS LODGED consisting of 2/28/2013 1:19 pm Email to Judge Nuffer from Eric Maxfield requesting an additional 14 days to submit final settlement paperwork. (asb)
February 8, 2013 Opinion or Order Filing 269 DOCKET TEXT ORDER granting #268 Motion for Extension of Time. The application may be filed February 8, 2013. Signed by Judge David Nuffer on 2/8/13. No attached document. (DN)
February 5, 2013 Opinion or Order Filing 268 Stipulated MOTION for Extension of Time to File Application of Fees and Expenses filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Maxfield, Eric)
January 29, 2013 Opinion or Order Filing 266 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRETRIAL CONFERENCE held on JANUARY 11, 2013 before Judge DAVID NUFFER. Court Reporter/Transcriber REBECCA JANKE. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 2/19/2013. Redacted Transcript Deadline set for 3/1/2013. Release of Transcript Restriction set for 4/29/2013. (asp) Modified by removing restricted text on 5/2/2013 (mlp).
January 25, 2013 Opinion or Order Filing 264 DOCKET TEXT ORDER re 01/25/2013 Notice Vacating Hearing. The parties are ordered to submit appropriate dismissal papers on or before February 28, 2013. No attached document. Signed by Judge David Nuffer on 01/25/2013. (cjf)
January 25, 2013 Opinion or Order Filing 263 FINAL JUDGMENT in favor of Homeland Vinyl Products and against Marwit Capital Partners II, Marilyn J. Petersen, Melanie R. Barrett, Scott R. Petersen, Vance C. Barrett, jointly and severally, in the amount of $2,490,405.00, together with prejudgment interest in the amount of $533,673.75 and attorneys' fees as established by subsequent order;judgment is further entered in favor of Homeland Vinyl Products against Marilyn J. Petersen, Melanie R. Barrett, Scott R. Petersen, Vance C. Barrett, jointly and severally, in the amount of $799.00, together with prejudgment interest in the amount of $154.74. Signed by Judge David Nuffer on 1/25/13 (alt) Modified on 1/25/2013: added link to #221 Order (alt)
January 25, 2013 Opinion or Order NOTICE VACATING 4-Day Bench Trial set for January, 28, 2013 at 8:30 a.m. before Judge David Nuffer. The trial in this matter has been vacated based on representations from the parties that all remaining claims have been settled. (cjf)
January 23, 2013 Opinion or Order Filing 262 MEMORANDUM DECISION AND ORDER granting #228 Motion to Affirm Award of Prejudgment Interest: prejudgment interest at the rate of 9 percent per annum will be awarded to Homeland from 9/1/10 to the date that final judgment is entered in favor of Homeland. Signed by Judge David Nuffer on 1/23/13 (alt)
January 22, 2013 Opinion or Order Filing 261 Minute Entry for proceedings held before Judge David Nuffer: Telephone Conference held on 1/22/2013. Counsel for parties present via telephone conference. Parties have scheduled a mediation in Salt Lake City for 1/24/2013. Pretrial discussions heard in preparation for trial set for 1/28/2013. Attorney for Plaintiff: Evan Strassberg, Michael Barnhill, Attorney for Defendant: Andrew Sjoblom, Eric Francisconi. Court Reporter: Kelly Hicken.(Time Start: 4:00, Time End: 4:25, Room 230.) (asb)
January 22, 2013 Opinion or Order Filing 260 DOCUMENTS LODGED consisting of 1/18/2013 5:28 p.m. Email to Judge Nuffer from Eric Francisconi re: Proposed Findings of Facts and Conclusions of Law.. (asb)
January 22, 2013 Opinion or Order Filing 259 DOCUMENTS LODGED consisting of 1/18/2013 3:00 p.m. Email to Judge Nuffer from Even Strassberg re: Proposed Findings of Facts and Conclusions of Law. (asb)
January 14, 2013 Opinion or Order Filing 258 DOCKET TEXT ORDER granting in part and denying in part #248 Motion for Protective Order. After carefully considering the parties' statements with regard to the issues presented by the #248 Motion for Protective Order, the #248 Motion is denied in part and granted in part. The claims by Marwit agains Best Vinyl, claim nos. 1 and 2 in Marwitt's #222 Cross-Claim, are stayed pending further order. At trial, the individual defendants will proceed first presenting one witness, and then Marwit will present one witness, and so forth in alternating form. Cross examination will not be limited to the scope of direct examination. This order of proof is set due to the absence of the original plaintiff in this action and the amount of proof that will be presented by deposition.. Signed by Judge David Nuffer on 1/14/2013. No attached document. (asb)
January 14, 2013 Opinion or Order Filing 256 PRETRIAL ORDER: 4-Day Bench Trial set for 1/28/2013 08:30 AM in Room 230 before Judge David Nuffer. Signed by Judge David Nuffer on 1/11/13 (alt)
January 11, 2013 Opinion or Order Filing 257 Minute Order. Proceedings held before Judge David Nuffer: Counsel present for parties. Discussion heard on the motion for protective order. Court will review briefing and issue an order. taking under advisement #248 Motion for Protective Order; Motion Hearing held on 1/11/2013 re #248 MOTION for Protective Order and Memorandum in Support filed by Best Vinyl ; Final Pretrial Conference held on 1/11/2013. As to trial, court will read the deposition designations. Each party to call its own witnesses and not restrict cross-examination. Proposed pretrial order discussed. Court executed the final pretrial order. Claims in Marwitt v. Best Vinyl will not go to trial and are stayed pending further ruling by the court. Homeland interest and judgment to be decided in short order. Court adjourned. Attorney for Plaintiff: Evan Strassberg, Michael Barnhill, Attorney for Defendant Eric Maxfield, Andrew Sjoblom, Eric Francisconi, David Slaughter. Court Reporter: Kelly Hicken.(Time Start: 1:30, Time End: 3:00, Room 230.) (asb)
January 10, 2013 Opinion or Order Filing 255 DOCUMENTS LODGED consisting of 1/10/2013 Email from Judge Nuffer to Counsel re: preparation for 1/11/2013 hearing. (asb)
January 9, 2013 Opinion or Order Filing 254 MEMORANDUM in Opposition re #248 MOTION for Protective Order and Memorandum in Support filed by Consol Plaintiff Marwit Capital Partners II. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Affidavit Declaration of Eric P. Francisconi, #6 Affidavit Declaration of Peter J. Tennyson)(Francisconi, Eric)
January 8, 2013 Opinion or Order Filing 253 **SEALED DOCUMENT** SEALED 12/10/12 LETTER From Chris Britt to Evan S. Strassberg filed by Cross Defendant Best Vinyl (alt)
January 8, 2013 Opinion or Order Filing 252 NOTICE OF CONVENTIONAL FILING of December 10, 2012 letter from Chris Britt to Evan S. Strassberg filed by Cross Defendant Best Vinyl re 251 Order, (Strassberg, Evan)
January 7, 2013 Opinion or Order Filing 251 DOCKET TEXT ORDER re #248 MOTION for Protective Order and Memorandum in Support filed by Best Vinyl. Vantus Law Group is ordered to file under seal the December 10, 2012 letter referenced in paragraph 22 of the #248 Motion on or before Wednesday, January 9, 2012 at 5:00 p.m. No attached document. Signed by Judge David Nuffer on 01/07/2013. (cjf)
January 7, 2013 Opinion or Order Filing 250 2nd AMENDED NOTICE OF HEARING: Final Pretrial Conference reset for Friday, 1/11/2013 01:30 PM in Room 230 before Judge David Nuffer (moved from 2:30 p.m.). Counsel must be present in the courtroom for the hearing. Court revokes the final pretrial by telephone conference. Responses to the motion for protective order are due no later than 5:00 p.m. Wednesday, January 9, 2013. (asb)
January 7, 2013 Opinion or Order Filing 249 AFFIDAVIT/DECLARATION of Evan S. Strassberg in Support re #248 MOTION for Protective Order and Memorandum in Support filed by Cross Defendant Best Vinyl. (Strassberg, Evan)
January 7, 2013 Opinion or Order Filing 248 MOTION for Protective Order and Memorandum in Support filed by Cross Defendant Best Vinyl. (Attachments: #1 Exhibit A - Written Consent of Board of Directors of Vanguard Vinyl, Inc, #2 Exhibit B - Written Consent of Board of Directors of Best Vinyl, LLC, #3 Exhibit C - Notice of Motion and Motion to Transfer Venue; Memorandum of Points Authorities, #4 Exhibit D - Marwit Capital Partners II, LPs Memorandum of Points and Authorities in Opposition to Homeland Vinyl Products, Inc.s Motion to Transfer Venue, #5 Exhibit E - Declaration of Chris Britt in Support of Opposition to Homeland Vinyl Products, Inc.s Motion to Transfer Venue, #6 Exhibit F - Marwit Capital Partners II, LP v. Vantus Law Group, P.C. et al., #7 Exhibit G - Three Written Consents of Stockholders, #8 Exhibit H - Email from David Slaughter to Melinda A. Morgan dated December 11, 2012, #9 Exhibit I - Best Vinyl Acquisition Corporation Stockholder Agreement dated March 30, 2007, #10 Exhibit J - Text of Proposed Order)(Strassberg, Evan)
January 4, 2013 Opinion or Order Filing 247 NOTICE OF HEARING: Final Pretrial Conference set for Friday, 1/11/2013 02:30 PM in Room 230 before Judge David Nuffer. Counsel are advised that the final pretrial conference will be held by telephone conference. Conference call information will be emailed to counsel.Proposed findings of fact and conclusions of law are to be submitted by 1/18/2013 3:00 p.m. to dj.nuffer@utd.uscourts.gov.Telephone Conference set for Tuesday, 1/22/2013 04:00 PM in Room 230 before Judge David Nuffer. Conference call information will be emailed to counsel. (asb)
December 21, 2012 Opinion or Order Filing 245 Proposed Exhibit List by Consol Plaintiff Marwit Capital Partners II.. (Francisconi, Eric)
December 21, 2012 Opinion or Order Filing 244 REQUEST to Submit for Decision re #228 MOTION to Affirm Award of Prejudgment Interest and Memorandum in Support filed by Consol Counter Claimant Homeland Vinyl Products. (Maxfield, Eric)
December 21, 2012 Opinion or Order Filing 243 REPLY to Response to Motion re #228 MOTION to Affirm Award of Prejudgment Interest and Memorandum in Support filed by Consol Counter Claimant Homeland Vinyl Products. (Maxfield, Eric)
December 21, 2012 Opinion or Order Filing 242 RE-FILED CORRECTLY AS #243 REPLY - REQUEST to Submit for Decision re #228 MOTION to Affirm Award of Prejudgment Interest and Memorandum in Support filed by Consol Counter Claimant Homeland Vinyl Products. (Maxfield, Eric) Modified on 12/21/2012: added re-filing info (alt)
December 19, 2012 Opinion or Order Filing 246 **SEALED DOCUMENT** SEALED EXHIBIT 7 TO #239 Witness List(Proposed) - Designation of Testimony, filed by Cross Defendants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen (alt)
December 19, 2012 Opinion or Order Filing 241 NOTICE OF CONVENTIONAL FILING of Exhibit 7 to Defendants' Designation of Testimony filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen, Cross Defendant Best Vinyl re #239 Witness List(Proposed),, (Attachments: #1 Exhibit 1 - Rakowski Dep. Excerpts) (Strassberg, Evan)
December 19, 2012 Opinion or Order Filing 240 OBJECTIONS to Counter-Designations of Testimony to Marwit filed by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen. (Attachments: #1 Exhibit 1 - Deposition of Samuel Sippl)(Strassberg, Evan)
December 19, 2012 Opinion or Order Filing 239 Proposed Witness List by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen. (Attachments: #1 Exhibit 1 - Deposition of John Morrell, #2 Exhibit 2 - Deposition of Samuel Sippl, #3 Exhibit 3 - Deposition of Thomas Dollhopf, #4 Exhibit 4 - Deposition of Randall Heath, #5 Exhibit 5 - Deposition of Scott Smith, #6 Exhibit 6 - Deposition of William Meehan, #7 Exhibit 7 - Deposition of Robert Philip Rakowski - Filed Under Seal, #8 Exhibit 8 - Deposition of Steven Heath)(Strassberg, Evan)
December 17, 2012 Opinion or Order Filing 238 MEMORANDUM in Opposition re #228 MOTION to Affirm Award of Prejudgment Interest and Memorandum in Support filed by Consol Plaintiff Marwit Capital Partners II. (Attachments: #1 Exhibit A)(Francisconi, Eric)
December 17, 2012 Opinion or Order Filing 237 MEMORANDUM in Opposition re #228 MOTION to Affirm Award of Prejudgment Interest and Memorandum in Support filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Attachments: #1 Exhibit A - Continuing Guaranty, #2 Exhibit B - Defendant's Response to the Individuals First Set of Request for Admissions to Homeland, #3 Exhibit C - Verified Statement of Account by Scott Smith)(Strassberg, Evan)
December 12, 2012 Opinion or Order Filing 236 Proposed Witness List (Amended) by Marwit Capital Partners II. (Francisconi, Eric)
December 7, 2012 Opinion or Order Filing 235 AMENDED TRIAL ORDER with instructions to counsel: Final Pretrial Conference set for 1/11/2013 02:30 PM in Room 230 before Judge David Nuffer. 5-Day Bench Trial set for 1/28/2013 08:30 AM in Room 230 before Judge David Nuffer. In Chambers Conference set for 1/28/2013 08:00 AM in Room 230 before Judge David Nuffer. Proposed Pretrial Order due by 1/11/2013. Signed by Judge David Nuffer on 12/6/12 (alt)
December 6, 2012 Opinion or Order Filing 234 DOCKET TEXT ORDER concerning the Individual Guarantors' demand for a jury trial. The remaining claims between Marwit and the Individual Guarantors for equitable apportionment, contribution, and exoneration are equitable claims that are not entitled to be tried to a jury as a matter of right. Amphibious Partners, LLC v. Redman, 534 F.3d 1357, 1362 (10th Cir. 2008); Gardner v. Bean, 677 P.2d 1116, 1119 (Utah 1984). Marwit has demanded a jury trial on claims "triable by right." However, Marwit has not consented to a jury trial on claims for which there is no right to a jury trial. Accordingly, the remaining claims in this case will be tried to the court. No attached document. Signed by Judge David Nuffer on 12/06/2012. (cjf)
December 6, 2012 Opinion or Order Filing 233 ORDER granting Summary Judgment in favor of Homeland Vinyl Products on counterclaim (consolidated from 2:11cv328) filed by Marilyn J. Petersen, Scott R. Petersen, Melanie R. Barrett, and Vance C. Barrett for reasons set forth in the #212 Memorandum Decision. Signed by Judge David Nuffer on 12/6/12 (alt)
December 6, 2012 Opinion or Order Filing 232 DOCUMENTS LODGED consisting of Dec. 5, 2012 email from counsel for the Individual Guarantors. (cjf)
December 6, 2012 Opinion or Order Filing 231 DOCUMENTS LODGED consisting of Dec. 4, 2012 email from counsel for Homeland Vinyl. (cjf)
December 4, 2012 Opinion or Order Filing 230 AFFIDAVIT/DECLARATION of Eric G. Maxfield in Support re #228 MOTION to Affirm Award of Prejudgment Interest and Memorandum in Support filed by Consol Plaintiff Homeland Vinyl Products. (Attachments: #1 Exhibit A E-mail exchange between Marwits officer, Sam Sippl, Best Vinyls CEO, John Morrell, and Homelands Controller, Scott Smith, regarding the calculation of interest, #2 Exhibit B Pages 31-32 of the Deposition of John Morrell taken November 15, 2011, #3 Exhibit C - Rule 26(a)(2)(C) Disclosure for Scott Smith)(Maxfield, Eric)
December 4, 2012 Opinion or Order Filing 229 AFFIDAVIT/DECLARATION of Scott Smith in Support re #228 MOTION to Affirm Award of Prejudgment Interest and Memorandum in Support filed by Consol Plaintiff Homeland Vinyl Products. (Attachments: #1 Exhibit A - Examples of interest calculations prepared and forwarded to Best Vinyl for payment, #2 Exhibit B - Sample 2010 Invoices, #3 Exhibit C - Chart prepared as part of Scott Smith Rule 26(a)(2)(c) Disclosures, #4 Exhibit D - Chart prepared as part of Scott Smith Rule 26(a)(2)(c) Disclosures, #5 Exhibit E Smith Letter to Marwit and accompanying account receivables report, #6 Exhibit F - Homeland Vinyls attorneys letter to Marwit and the accompanying account receivables report, #7 Exhibit G Smith Letter to Marwit with accompanying schedule, #8 Exhibit H - Chart showing calculation of interest amount 9% Interest on Marwit, #9 Exhibit I - Chart showing calculation of interest amount 9% Interest on Individual Guarantors, #10 Exhibit J - Chart showing calculation of interest amount 10% Interest Entire Balance Method on Marwit, #11 Exhibit K - Chart showing calculation of interest amount 10% Interest Entire Balance Method on Individual Guarantors, #12 Exhibit L - Chart showing calculation of interest amount 10% - Marwit 60 days after date of invoice, #13 Exhibit M - Chart showing calculation of interest amount 10% - Individuals 60 days after date of invoice)(Maxfield, Eric)
December 4, 2012 Opinion or Order Filing 228 MOTION to Affirm Award of Prejudgment Interest and Memorandum in Support filed by Consol Plaintiff Homeland Vinyl Products. (Maxfield, Eric)
December 4, 2012 Opinion or Order Filing 227 DOCUMENTS LODGED consisting of 12/04/2012 Email re: Individuals' Counterclaim. (asb)
December 4, 2012 Opinion or Order Filing 226 DOCKET TEXT ORDER Dismissing David Patey in his role as Consolidated Defendant (consolidated from case 2:11cv328) per stipulation made during the 11/20/12 hearing in open court, dismissing with prejudice the sole claim against Mr. Patey in Homeland's Alabama complaint. So ordered by Judge David Nuffer on 12/3/12 (docket text only - no attached document) (alt)
December 3, 2012 Opinion or Order Filing 225 NOTICE FROM THE COURT. New local rules governing civil cases are now in effect. The #Approved Amendments to the Local Rules and #Updated Rules are posted on the court's website. All new requirements are important but the most significant changes are in motion practice and sealed filings. Judge Nuffer will order that counsel refile summary judgment motions which do not follow the new standards.#DUCivR 5-2 Filing Cases and Documents Under Court Seal#DUCivR 7-1 Motions and Memoranda#DUCivR 26-2 Standard Protective Order and Stays of Depositions#DUCivR 56-1 Summary Judgment: Motions and Supporting Memoranda (asb)
November 30, 2012 Opinion or Order Filing 224 TRIAL BRIEF Re Jury Trial by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Strassberg, Evan)
November 30, 2012 Opinion or Order Filing 223 TRIAL BRIEF re: Absence of Right to Jury Trial for Remaining Claims by Consol Plaintiff Marwit Capital Partners II. (Francisconi, Eric)
November 30, 2012 Opinion or Order Modification of Docket re #62 Amended Answer to Complaint, #76 Answer to Crossclaim, Crossclaim. Errors: The Amended Crossclaim was not correctly filed as such in entry #62 ; the Crossclaim filed as #76 was filed with too many parties chosen as actual crossclaimants and the Answer to Crossclaim was linked to the original crossclaim, not the amended one being answered.Corrections: The Amended Crossclaim has been correctly filed as such as #222 on the docket; the #76 entry has been corrected to link to the correctly-filed Amended Crossclaim and has also been edited to reflect that there are only 4 crossclaimants named in the document. Best Vinyl and Vanguard Vinyl no longer appear on the docket as crossclaimants. (alt)
November 26, 2012 Opinion or Order Filing 221 ORDER granting #219 Motion to Dismiss claims between Best Vinyl, Vanguard Vinyl and Homeland Vinyl Products. Signed by Judge David Nuffer on 11/26/12 (alt)
November 20, 2012 Opinion or Order Filing 220 MEMORANDUM in Support re #219 Joint MOTION to Dismiss Best Vinyl, Vanguard Vinyl, and Homeland Vinyl Claims filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
November 20, 2012 Opinion or Order Filing 219 Joint MOTION to Dismiss Best Vinyl, Vanguard Vinyl, and Homeland Vinyl Claims filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Maxfield, Eric)
November 20, 2012 Opinion or Order Filing 218 Minute Order. Proceedings held before Judge David Nuffer: Counsel present for parties. Best Vinyl, Vanguard and Homeland provided the court with a stipulation to dismiss Best Vinyl, Vanguard and Homeland Vinyl claims without prejudice. Court executed the order. Marwitt requested to review the motion and proposed order prior to court's entry of the order. Court will allow Marwitt to review and submit any objections by Monday, November 26, 2012. If objections filed, Best Vinyl, Vanguard and Homeland will have two days to respond. If no objections filed, the order will be filed end-of-business day on Monday, November 26, 2012.Discussion heard on the remaining claims between Best Vinyl, individuals, and Marwitt (docs. 62, 79 and 132). Homeland no longer has any claims remaining for trial. Discussion heard on if any remaining claims are entitled to trial by jury. Marwitt argued that the remaining claims are bench issues. Court ordered simultaneous briefing on this issue to be filed on or before November 30, 2012. Discussion heard on the motions in limine. Court DENIED AS MOOT the motions in limine filed by Homeland (docs. 163 and 165). Court GRANTED the motion in limine re: foreclosure sale (doc. 165).Discussion heard on the scheduling of trial. Parties agreed they need additional time to prepare for trial. Court granted the continuance. Court set for either bench/jury trial and will make a determination on type of trial after briefing.Court ordered the interest briefing due as follows: Homeland brief due 12/4/2012; any responses due 12/17/2012; reply due 12/21/2012. Attorney fees and costs to be briefed following the interest briefing. No briefing schedule set at the time of this hearing.Deposition designations will be exchanged on 12/12/2012 and filed by 12/19/2012. Exhibit/witness designations to be exchanged by 12/21/2012.finding as moot #163 Motion in Limine; finding as moot #165 Motion in Limine; granting #168 Motion in Limine; Final Pretrial Conference held on 11/20/2012; Motion Hearing held on 11/20/2012 re #163 MOTION in Limine (No. 1 to Preclude Evidence of Damages) filed by Homeland Vinyl Products, #168 MOTION in Limine No. 2 Regarding Westech and Premium Outdoor Products filed by Homeland Vinyl Products, #165 MOTION in Limine to Exclude Evidence, Argument And Questioning Regarding The Value Of The Assets Sold At The Foreclosure Auction filed by Vance C. Barrett, Vanguard Vinyl, Marilyn J. Petersen, Melanie R. Barrett, Scott R. Petersen, Best Vinyl Final Pretrial Conference set for Friday, 1/11/2013 02:30 PM in Room 230 before Judge David Nuffer., 5-Day Bench or Jury Trial set for Monday, 1/28/2013 08:30 AM in Room 230 before Judge David Nuffer.Court adjourned. Attorney for Plaintiff: Eric Maxfield, Andrew Sjoblom, Michael Barnhill, Evan Strassberg,, Attorney for Defendant Eric Francisconi. Court Reporter: Becky Janke.(Time Start: 9:05, Time End: 10:05, Room 230.) (asb)
November 19, 2012 Opinion or Order Filing 217 OBJECTIONS to #162 Witness List(Proposed), #161 Witness List(Proposed) filed by Homeland Vinyl Products. (Attachments: #1 Exhibit A - Specific Objections to the Exhibits Identified by Marwit Capital Partners II, LP, #2 Exhibit B - Specific Objections to the Exhibits Identified by Best Vinyl, Vanguard Vinyl, Vance Barrett, Melanie Barrett, Scott Petersen, and Marilyn Petersen)(Maxfield, Eric)
November 16, 2012 Opinion or Order Filing 216 OBJECTIONS to Verdict Form and Special Jury Instructions filed by Marwit Capital Partners II. (Attachments: #1 Exhibit Exhibit A (Guaranty))(Francisconi, Eric)
November 16, 2012 Opinion or Order Filing 215 OBJECTIONS to #192 Proposed Jury Verdict, #191 Proposed Jury Instructions, #198 Proposed Jury Verdict, #197 Proposed Jury Instructions filed by Homeland Vinyl Products. (Maxfield, Eric)
November 16, 2012 Opinion or Order Filing 214 OBJECTIONS to #185 Proposed Jury Verdict, #186 Proposed Jury Instructions filed by Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 Exhibit A - Continuing Guaranty)(Strassberg, Evan)
November 16, 2012 Opinion or Order Filing 213 MEMORANDUM re #197 Proposed Jury Instructions filed by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Strassberg, Evan)
November 16, 2012 Opinion or Order Filing 212 WRITTEN MEMORANDUM DECISION AND ORDER following 150 Minute Order granting and denying 5 motions for summary judgment. Signed by Judge David Nuffer on 11/15/12 (alt) Modified on 11/16/2012: added links to already-terminated #102 #121 #125 #126 #130 motions (alt)
November 15, 2012 Opinion or Order Filing 211 RESPONSE to Motion re #163 MOTION in Limine (No. 1 to Preclude Evidence of Damages) filed by Consol Counter Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen, Plaintiffs Best Vinyl, Vanguard Vinyl. (Strassberg, Evan)
November 15, 2012 Opinion or Order Filing 210 MEMORANDUM in Opposition re #168 MOTION in Limine No. 2 Regarding Westech and Premium Outdoor Products filed by Cross Defendants Best Vinyl, Vanguard Vinyl. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Strassberg, Evan)
November 15, 2012 Opinion or Order Filing 209 WRITTEN MEMORANDUM DECISION AND ORDER following 150 Minute Order granting the individuals' motion to dismiss and granting in part their motion for summary judgment on Marwit Capital Partners II's 6th cause of action. Signed by Judge David Nuffer on 11/15/12 (alt) Modified on 11/16/2012: added link to already-terminated #77 #130 motions (alt)
November 15, 2012 Opinion or Order Filing 208 WRITTEN MEMORANDUM DECISION AND ORDER following 150 Minute Order granting motion to dismiss Marwit Capital Partners II's 12th & 13th Causes of Action. Signed by Judge David Nuffer on 11/15/12 (alt) Modified on 11/16/2012: added link to already-terminated #56 motion (alt)
November 15, 2012 Opinion or Order Filing 207 DOCUMENTS LODGED consisting of 11/02/2012 email with proposed orders on summary judgment motions. (cjf)
November 15, 2012 Opinion or Order Filing 206 DOCUMENTS LODGED consisting of 11/01/2012 email with proposed order on motion to dismiss. (cjf)
November 15, 2012 Opinion or Order Filing 205 DOCUMENTS LODGED consisting of 11/01/2012 email with proposed order granting motion to dismiss. (cjf)
November 15, 2012 Opinion or Order Filing 198 Proposed Jury Verdict by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Strassberg, Evan)
November 15, 2012 Opinion or Order Filing 197 Proposed Jury Instructions by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Strassberg, Evan)
November 15, 2012 Opinion or Order Filing 194 OBJECTIONS to #167 Witness List(Proposed), filed by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Strassberg, Evan)
November 14, 2012 Opinion or Order Filing 204 **SEALED DOCUMENT** SEALED ATTACHMENT 10 TO #194 Objections filed by Consol Defendants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen, Plaintiffs Best Vinyl, Vanguard Vinyl (exhibit image uploaded from disc provided by filer) (alt)
November 14, 2012 Opinion or Order Filing 203 **SEALED DOCUMENT** SEALED ATTACHMENT 3 TO #183 Objections, filed by Consol Defendants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen, Plaintiffs Best Vinyl, Vanguard Vinyl (exhibit image uploaded from disc provided by filer) (alt)
November 14, 2012 Opinion or Order Filing 199 EXHIBITS filed by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl re #194 Objections (Attachments: #1 Exhibit 1- Vance Barrett, #2 Exhibit 2-Chris Britt, #3 Exhibit 3-Thomas Dollhopf, #4 Exhibit 4-Frances Hand, #5 Exhibit 5-John Morrell, #6 Exhibit 6-Jeffrey Rantz, #7 Exhibit 7-Samuel Sippl, #8 Exhibit 8-Jennifer Hayes, #9 Exhibit 9-Javier Valenzuela) (attachments were uploaded from disc provided by filer) (alt)
November 14, 2012 Opinion or Order Filing 196 CLERK'S NOTICE OF ERROR re #172 Witness List(Proposed), #191 Proposed Jury Instructions, #192 Proposed Jury Verdict, #193 Proposed Voir Dire. Description of error: documents have wrong judge initials in the case numbers. Filers are reminded to keep track of any/all judge reassignments and ensure that all case information on documents matches that appearing at the top of each CM/ECF screen before submitting same. (alt)
November 14, 2012 Opinion or Order Filing 195 NOTICE OF ERROR re #188 Proposed Jury Instructions, #190 Proposed Jury Verdict. The documents are red-lined with formatting information included on the documents and actual text confined to 2/3's of the page. The clerk requests the filer refile un-redlined, finalized versions of the document. The new documents will receive new document numbers on the docket. (alt)
November 14, 2012 Opinion or Order Filing 193 Proposed Voir Dire by Cross Claimant Marwit Capital Partners II, Consol Plaintiff Marwit Capital Partners II, Cross Defendant Marwit Capital Partners II, Consol Cross Defendant Marwit Capital Partners II. (Francisconi, Eric)
November 14, 2012 Opinion or Order Filing 192 Proposed Jury Verdict by Cross Claimant Marwit Capital Partners II, Consol Plaintiff Marwit Capital Partners II, Cross Defendant Marwit Capital Partners II, Consol Cross Defendant Marwit Capital Partners II. (Francisconi, Eric)
November 14, 2012 Opinion or Order Filing 191 Proposed Jury Instructions by Marwit Capital Partners II, Marwit Capital Partners II. (Francisconi, Eric)
November 14, 2012 Opinion or Order Filing 190 RE-FILED AT #198 - Proposed Jury Verdict by Cross Defendants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Plaintiff Vanguard Vinyl. (Strassberg, Evan) Modified on 11/15/2012: added re-filing info (alt)
November 14, 2012 Opinion or Order Filing 189 Proposed Voir Dire by Cross Defendants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Plaintiff Vanguard Vinyl. (Strassberg, Evan)
November 14, 2012 Opinion or Order Filing 188 RE-FILED AT #197 - Proposed Jury Instructions by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Strassberg, Evan) Modified on 11/15/2012: added re-filing info (alt)
November 14, 2012 Opinion or Order Filing 187 Proposed Jury Instructions by Homeland Vinyl Products. (Attachments: #1 Exhibit A - Agreed Upon Jury Instructions)(Sjoblom, J.)
November 14, 2012 Opinion or Order Filing 186 Proposed Jury Instructions by Homeland Vinyl Products. (Attachments: #1 Exhibit A - Separate Proposed Jury Instructions)(Sjoblom, J.)
November 14, 2012 Opinion or Order Filing 185 Proposed Jury Verdict by Defendant Homeland Vinyl Products. (Maxfield, Eric)
November 14, 2012 Opinion or Order Filing 184 Proposed Voir Dire by Defendant Homeland Vinyl Products. (Maxfield, Eric)
November 14, 2012 Opinion or Order Filing 183 OBJECTIONS to #172 Witness List(Proposed) filed by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 1 - Thomas Dollhopf, #2 2 - Samuel Sippl)(Strassberg, Evan)
November 14, 2012 Opinion or Order Filing 182 OBJECTIONS to #171 Notice of Filing,, #172 Witness List(Proposed) filed by Homeland Vinyl Products. (Attachments: #1 Exhibit A - Thomas Dollhopf, #2 Exhibit B - Frances Hand, #3 Exhibit C - Jennifer Hayes, #4 Exhibit D - William Meehan, #5 Exhibit E - John Morrell, #6 Exhibit G - Jeffrey Rantz, #7 Exhibit H - Samuel Sippl)(Maxfield, Eric) Modified on 11/14/2012: removed unecessary text (alt)
November 14, 2012 Opinion or Order Modification of Docket re #180 Notice of Filing, #176 Notice of Filing. Correction: Documents were correctly re-filed as "Objections" at #182 and #183 (alt)
November 13, 2012 Opinion or Order Filing 202 **SEALED DOCUMENT** SEALED EXHIBIT F TO #182 Objections, filed by Defendant Homeland Vinyl Products (alt)
November 13, 2012 Opinion or Order Filing 201 **SEALED DOCUMENT** SEALED ATTACHMENT 7 TO #173 Notice of Filing/Amended Designation of Testimony, filed by Consol Defendants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen, Plaintiffs Best Vinyl, Vanguard Vinyl (alt)
November 13, 2012 Opinion or Order Filing 200 **SEALED DOCUMENT** SEALED EXHIBIT H TO #167 Depo Designations/Witness List(Proposed), filed by Defendant Homeland Vinyl Products (alt)
November 13, 2012 Opinion or Order Filing 181 NOTICE OF CONVENTIONAL FILING of Attachment 3 Objections Responses or Counter Designations of Testimony of Marwit filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl re #172 Witness List(Proposed) (Strassberg, Evan)
November 13, 2012 Opinion or Order Filing 180 RE-FILED AS #183 OBJECTIONS - NOTICE OF FILING of Objections, Responses or Counter Designations to Marwit's Testimony Desigantion re #172 Witness List(Proposed) filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 Thoams Dollhopf, #2 Samule Sippl)(Strassberg, Evan) Modified on 11/14/2012: added re-filing info (alt)
November 13, 2012 Opinion or Order Filing 179 NOTICE OF CONVENTIONAL FILING of Attachment 10 Objections Responses or Counter Designations of Testimony of Homeland filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl re #170 Notice of Conventional Filing (Strassberg, Evan)
November 13, 2012 Opinion or Order Filing 178 NOTICE OF CONVENTIONAL FILING of Objections Responses or Counter Designations of Testimony of Homeland filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl re #173 Notice of Filing,, (Strassberg, Evan)
November 13, 2012 Opinion or Order Filing 177 NOTICE OF CONVENTIONAL FILING of Exhibit F to Homeland Vinyl Products, Inc.'s Objections to the Designations of Deposition Testimony filed by Defendant Homeland Vinyl Products re #176 Notice of Filing, (Maxfield, Eric)
November 13, 2012 Opinion or Order Filing 176 RE-FILED AS #182 OBJECTIONS - NOTICE OF FILING of Homeland Vinyl Products, Inc.'s Objections to the Designations of Deposition Testimony re #171 Notice of Filing,, #172 Witness List(Proposed) filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Thomas Dollhopf, #2 Exhibit B - Frances Hand, #3 Exhibit C - Jennifer Hayes, #4 Exhibit D - William Meehan, #5 Exhibit E - John Morrell, #6 Exhibit G - Jeffrey Rantz, #7 Supplement H - Samuel Sippl)(Maxfield, Eric) Modified on 11/14/2012: added re-filing info (alt)
November 13, 2012 Opinion or Order Filing 175 AMENDED NOTICE OF HEARING:8-Day Jury Trial reset for Wednesday, 12/12/2012 08:30 AM in Room 230 before Judge David Nuffer. (moved from 12/10/2012 due to court's scheduling conflict) (asb)
November 12, 2012 Opinion or Order Filing 174 NOTICE OF CONVENTIONAL FILING of Attachment 7 to Defendants' Amended Designation of Testimony filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl re #173 Notice of Filing,, (Strassberg, Evan)
November 12, 2012 Opinion or Order Filing 173 NOTICE OF FILING of Defendant's Amended Designation of Testimony re #171 Notice of Filing,, filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 1 -John Morell, #2 2 - Samuel Sipple, #3 3 - Thomas Dollhopf, #4 4 - Jeffrey Rantz, #5 5 - Jennifer Hayes, #6 6 - Frances R. Hand, #7 7 - Robert Rakowski - Filed Under Seal, #8 8 - William Meehan)(Strassberg, Evan)
November 9, 2012 Opinion or Order Filing 172 Proposed Witness List Submission of Deposition Designations by Marwit Capital Partners II, Marwit Capital Partners II. (Francisconi, Eric)
November 9, 2012 Opinion or Order Filing 171 NOTICE OF FILING of Defendants' Designation of Testimony filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 John Morell Deposition Designation, #2 Samuel Sippl Deposition Designation, #3 Thomas Dollhopf Deposition Designation, #4 Robert Philip Rakowki Deposition Designation, #5 Jeffrey Rantz Deposition Designation, #6 Jennifer Hayes Deposition Designation, #7 Frances R. Hand Deposition Designation)(Strassberg, Evan)
November 9, 2012 Opinion or Order Filing 170 NOTICE OF CONVENTIONAL FILING of Exhibit H To Homeland Vinyl Products, Inc.s Deposition Designations filed by Defendant Homeland Vinyl Products re #167 Witness List(Proposed), (Sjoblom, J.)
November 9, 2012 Opinion or Order Filing 169 MEMORANDUM in Support re #168 MOTION in Limine No. 2 Regarding Westech and Premium Outdoor Products filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Best Vinyl Credit Application, #2 Exhibit B - Fax Transmission to Westech, dated March 17, 2009, #3 Exhibit C - Premium Outdoor Products Articles of Incorporation, #4 Exhibit D - Vance Barretts deposition testimony, at pages 204 217, #5 Exhibit E - Various emails and related materials cited in deposition testimony, #6 Exhibit F - Various emails and related materials cited in deposition testimony, #7 Exhibit G - Various emails and related materials cited in deposition testimony, #8 Exhibit H - Various emails and related materials cited in deposition testimony, #9 Exhibit I - Various emails and related materials cited in deposition testimony, #10 Exhibit J - Various emails and related materials cited in deposition testimony, #11 Exhibit K - Various emails and related materials cited in deposition testimony, #12 Exhibit L - Various emails and related materials cited in deposition testimony, #13 Exhibit M - Various emails and related materials cited in deposition testimony, #14 Exhibit N - Various emails and related materials cited in deposition testimony, #15 Exhibit O - Various emails and related materials cited in deposition testimony)(Maxfield, Eric)
November 9, 2012 Opinion or Order Filing 168 MOTION in Limine No. 2 Regarding Westech and Premium Outdoor Products filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Maxfield, Eric)
November 9, 2012 Opinion or Order Filing 167 Proposed Witness List Deposition Designations by Homeland Vinyl Products. (Attachments: #1 Exhibit A - Vance Barrett, #2 Exhibit B - Chris Britt, #3 Exhibit C - Thomas Dollhopf, #4 Exhibit D - Frances Hand, #5 Exhibit E - Jennifer Hayes, #6 Exhibit F - John Morrell, #7 Exhibit G - Michael Powell, #8 Exhibit I - Rantz, #9 Exhibit J - Samuel Sippl, #10 Exhibit K - Javier Valenzuela)(Maxfield, Eric)
November 9, 2012 Opinion or Order Filing 166 MEMORANDUM in Support re #165 MOTION in Limine to Exclude Evidence, Argument And Questioning Regarding The Value Of The Assets Sold At The Foreclosure Auction filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 Exhibit A - Motion Hearing Transcript held October 25, 2012)(Strassberg, Evan)
November 9, 2012 Opinion or Order Filing 165 MOTION in Limine to Exclude Evidence, Argument And Questioning Regarding The Value Of The Assets Sold At The Foreclosure Auction filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 Text of Proposed Order)(Strassberg, Evan)
November 9, 2012 Opinion or Order Filing 164 MEMORANDUM in Support re #163 MOTION in Limine (No. 1 to Preclude Evidence of Damages) filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Marwit's Initial Disclosures, #2 Exhibit B - Select Pages from Deposition of Samuel Sippl, #3 Exhibit C - Best Vinyl et al Initial Disclosures)(Sjoblom, J.)
November 9, 2012 Opinion or Order Filing 163 MOTION in Limine (No. 1 to Preclude Evidence of Damages) filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
November 6, 2012 Opinion or Order Filing 162 Proposed Witness List Rule 26(a)(3) Pretrial Disclosures by Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 Exhibit A - Proposed Trial Exhibit List)(Strassberg, Evan)
November 6, 2012 Opinion or Order Filing 161 Proposed Witness List Rule 26(a)(3) Pretrial Disclosures by Marwit Capital Partners II, Marwit Capital Partners II. (Francisconi, Eric)
November 5, 2012 Opinion or Order Filing 160 WRITTEN MEMORANDUM DECISION AND ORDER following 150 Minute Order granting motion to dismiss the fifth cause of action in counterclaim with prejudice. Signed by Judge David Nuffer on 11/5/12 (alt) Modified on 11/16/2012: added link to already-terminated #13 motion (alt)
November 2, 2012 Opinion or Order Filing 157 WRITTEN MEMORANDUM DECISION AND ORDER following 150 Minute Order denying motion to amend answer. Signed by Judge David Nuffer on 11/2/12 (alt) Modified on 11/16/2012: added link to already-terminated #104 motion (alt)
November 2, 2012 Opinion or Order Filing 156 ORDER granting #155 Stipulated MOTION for Extension of Time to Extend the Deadlines in #151 Trial Order. Proposed Voir Dire due 11/14/12. Proposed Jury Instructions due 11/14/12. Signed by Judge David Nuffer on 11/1/12 (alt)
November 1, 2012 Opinion or Order Filing 159 DOCUMENTS LODGED consisting of 2012 Nov 1 Email from Maxfield re Proposed Order Motion to Amend. (asb)
November 1, 2012 Opinion or Order Filing 158 DOCUMENTS LODGED consisting of 2012 Nov 1 Email from Vantus re: Proposed Order re MTD Unjust Enrichment. (asb)
November 1, 2012 Opinion or Order Filing 155 Stipulated MOTION for Extension of Time to Extend the Deadlines in the Trial Order [Doc. No. 151] filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Attachments: #1 Text of Proposed Order)(Strassberg, Evan)
October 31, 2012 Opinion or Order Filing 154 DOCUMENTS LODGED consisting of 10/30/2012 Letter to Judge Nuffer from Eric Maxfield re: trial order. (asb)
October 30, 2012 Opinion or Order Filing 153 Proposed Witness List (Amended Rule 26(a)(3) Pretrial Disclosures) by Homeland Vinyl Products. (Attachments: #1 Exhibit A - Exhibit List)(Sjoblom, J.)
October 30, 2012 Opinion or Order Filing 152 WRITTEN ORDER re 150 Minute Entry granting Motion to Dismiss cross-claim for unjust enrichment asserted against Best Vinyl Fence & Deck by Marwit Capital Partners II (Follows oral order of 10/25/12). Signed by Judge David Nuffer on 10/30/12 (alt) Modified on 11/16/2012: added link to already-terminated #74 motion (alt)
October 25, 2012 Opinion or Order Filing 151 TRIAL ORDER with instructions to counsel.Proposed Voir Dire due 11/9/12. Proposed Jury Instructions due 11/9/12. Final Pretrial Conference set for 11/20/2012 09:00 AM in Room 230 before Judge David Nuffer. In Chambers Conference set for 12/10/2012 08:00 AM in Room 230 before Judge David Nuffer. 8-Day Jury Trial set for 12/10/2012 08:30 AM in Room 230 before Judge David Nuffer. Proposed Pretrial Order due by 11/20/2012. Signed by Judge David Nuffer on 10/25/12 (alt)
October 25, 2012 Opinion or Order Filing 150 Minute Order. Proceedings held before Judge David Nuffer: Counsel present for parties. Court instructed counsel to continue with resolution talks until 9:30. Court recessed.Court reconvened. Counsel did not reach any resolution. Court made findings and rulings on each of the pending motions (docs. 13, 56, 74, 77, 102, 104, 121, 125, 126, 130). Granting #56 Motion to Dismiss - Sjoblom/Maxfield to prepare the proposed order ; granting #56 Motion to Dismiss for Failure to State a Claim - Sjoblom/Maxfield to prepare the proposed order ; granting #74 Motion to Dismiss - Ball to prepare the proposed order ; granting #77 Motion to Dismiss for Failure to State a Claim - Stassberg to prepare the proposed order; denying #102 Motion for Partial Summary Judgment - Sjoblom/Maxfield to prepare the proposed order; denying #104 Motion to Amend/Correct - - Sjoblom/Maxfield to prepare the proposed order ; granting #121 Motion for Summary Judgment - Sjoblom/Maxfield to prepare the proposed order ; granting #125 Motion for Summary Judgment - Sjoblom/Maxfield to prepare the proposed order ; granting #126 Motion for Summary Judgment - Sjoblom/Maxfield to prepare the proposed order ; granting in part (Strassberg to prepare the proposed order) and denying in part (Sjoblom/Maxfield to prepare the proposed order) #130 Motion for Summary Judgment ; granting #13 Motion to Dismiss - Strassberg to prepare the proposed order.Discussion heard on the trial schedule. Court rescheduled the Final Pretrial Conference for Tuesday, 11/20/2012 09:00 AM in Room 230 before Judge David Nuffer. Plaintiffs to provide their proposed witness/exhibit list by Tuesday, Oct. 30, 2012. Defendants to provide their proposed witness/exhibit lists by Tuesday, Nov. 6, 2012. By Oct 30, 2012, parties to provide trial proposals.Court adjourned. Motion Hearing held on 10/25/2012 re #130 MOTION for Summary Judgment filed by Vance C. Barrett, Marilyn J. Petersen, Melanie R. Barrett, Scott R. Petersen, #125 MOTION for Summary Judgment Against Scott Petersen and Vance Barrett filed by Homeland Vinyl Products, #104 MOTION to Amend/Correct Answer to Complaint filed by Marilyn J. Petersen, Melanie R. Barrett, #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vance C. Barrett, Marilyn J. Petersen, Melanie R. Barrett, Scott R. Petersen, #74 MOTION to Dismiss Cross-Claim filed by Best Vinyl Fence & Deck, #121 MOTION for Summary Judgment Against Marwit Capital Partners II, LP filed by Homeland Vinyl Products, #126 MOTION for Summary Judgment Against Marilyn Petersen and Melanie Barrett filed by Homeland Vinyl Products, #13 MOTION to Dismiss Count 5 of the Counterclaim filed by Best Vinyl, #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts filed by Marwit Capital Partners II, #56 MOTION to Dismiss Twelfth and Thirteenth Causes of Action for Intentional and Negligent Interference with Prospective Economic Relations MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Homeland Vinyl Products ; (. Written Order to follow oral order: Yes. Attorney for Plaintiff: Eric Maxfield, Andrew Sjoblom., Attorney for Defendant Eric Francisconi, Matthew Ball, Evan Strassberg. Court Reporter: Kelly Hicken.(Time Start: 8:30, Time End: 10:00, Room 230.) (asb)
October 12, 2012 Opinion or Order Filing 149 Proposed Witness List Homeland Vinyl Prodcts, Inc.'s Rule 26(a)(3) Pretrial Disclosures by Homeland Vinyl Products. (Attachments: #1 Exhibit A)(Sjoblom, J.)
September 26, 2012 Opinion or Order Filing 148 NOTICE OF WITHDRAWAL OF COUNSEL of Richard F. Ensor filed by Richard F. Ensor on behalf of Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl (Ensor, Richard)
September 5, 2012 Opinion or Order Filing 147 DOCKET TEXT ORDER granting #145 Motion for Leave to File Excess Pages. Signed by Judge David Nuffer on 9/5/2012. No attached document. (asb)
September 4, 2012 Opinion or Order Filing 146 REPLY to Response to Motion re #125 MOTION for Summary Judgment Against Scott Petersen and Vance Barrett, #126 MOTION for Summary Judgment Against Marilyn Petersen and Melanie Barrett filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
September 4, 2012 Opinion or Order Filing 145 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
August 20, 2012 Opinion or Order Filing 144 NOTICE OF HEARING ON MOTION re: #56 MOTION to Dismiss Twelfth and Thirteenth Causes of Action for Intentional and Negligent Interference with Prospective Economic Relations MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #104 MOTION to Amend/Correct Answer to Complaint, #74 MOTION to Dismiss Cross-Claim, #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #13 MOTION to Dismiss Count 5 of the Counterclaim, #126 MOTION for Summary Judgment Against Marilyn Petersen and Melanie Barrett, #121 MOTION for Summary Judgment Against Marwit Capital Partners II, LP, #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts, #125 MOTION for Summary Judgment Against Scott Petersen and Vance Barrett, #130 MOTION for Summary Judgment : Motion Hearing set for Thursday, 10/25/2012 08:30 AM in Room 230 before Judge David Nuffer. (asb)
August 17, 2012 Opinion or Order Filing 143 MEMORANDUM in Opposition re #125 MOTION for Summary Judgment Against Scott Petersen and Vance Barrett, #126 MOTION for Summary Judgment Against Marilyn Petersen and Melanie Barrett filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer and Counterclaim, #3 Exhibit C - Homelands Answer to Marwit's First Set of Roggs, #4 Exhibit D - Deposition of Randall Heath, #5 Exhibit E - Defs Response to Individuals First Set RFA, #6 Exhibit F - Deposition of Vance Barrett, #7 Exhibit G - Letter dated September 2, 2012, #8 Exhibit H - Seperation Agreement and Release, #9 Exhibit I - Deposition of John Morrell, #10 Exhibit J - Deposition of Thomas Dollhopf, #11 Exhibit K - Email dated March 9, 2012 from John Morrell, #12 Exhibit L - Deposition of Steven Heath, #13 Exhibit M - Guaranty, #14 Exhibit N - Deposition of Chris Britt, #15 Exhibit O - MARWIT2494-MARWIT2503, #16 Exhibit P - Homeland's CC against Marwit, #17 Exhibit Q - September 10, 2012 letter from E. Scott Smith, #18 Exhibit R - Declaration of Scott Smith)(Strassberg, Evan)
August 17, 2012 Opinion or Order Filing 142 REPLY to Response to Motion re #130 MOTION for Summary Judgment filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Scott R. Petersen, Cross Defendant Marilyn J. Petersen. (Attachments: #1 Exhibit A Deposition of John Morrell, #2 Exhibit B - Memorandum in Support of Homelands MSJ Against Marwit, #3 Exhibit C - Complaint, #4 Exhibit D - Letter dated February 4, 2011, #5 Exhibit E - Deposition of Scott Smith, #6 Exhibit F - Declaration of Scott Smith, #7 Exhibit G - Barrett's Responses to Homeland's RFP, RFA and Roggs, #8 Exhibit H - Portions of Auction Catalog, #9 Exhibit I - Alces Treatise, #10 Exhibit J - Deposition of Randall Heath, #11 Exhibit K - Deposition of Thomas Dollhopf, #12 Exhibit L - Defs Response to Individuals First Roggs, #13 Exhibit M - Defs Respnseto Individuals First RFA)(Strassberg, Evan)
August 17, 2012 Opinion or Order Filing 141 REPLY to Response to Motion re #121 MOTION for Summary Judgment Against Marwit Capital Partners II, LP filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
August 17, 2012 Opinion or Order Filing 140 MEMORANDUM in Opposition re #130 MOTION for Summary Judgment filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Vance Barrett Deposition Pages, #2 Exhibit B - Steven Heath Deposition Pages)(Sjoblom, J.)
August 3, 2012 Opinion or Order Filing 139 ORDER granting #138 Motion for Extension of Time. Signed by Judge David Nuffer on 8/3/12 (alt)
August 2, 2012 Opinion or Order Filing 138 Stipulated MOTION for Extension of Time to respond to motions for summary judgment (Docket Entry Nos. 125, 126 and 130) filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
July 31, 2012 Opinion or Order Filing 137 MEMORANDUM in Opposition re #130 MOTION for Summary Judgment filed by Cross Claimant Marwit Capital Partners II. (Attachments: #1 Affidavit Declaration of Eric P. Francisconi, #2 Affidavit Declaration of Samuel Sippl)(Francisconi, Eric)
July 31, 2012 Opinion or Order Filing 136 MEMORANDUM in Opposition re #121 MOTION for Summary Judgment Against Marwit Capital Partners II, LP filed by Consol Cross Defendant Marwit Capital Partners II. (Attachments: #1 Affidavit Declaration of Eric P. Francisconi)(Francisconi, Eric)
July 6, 2012 Opinion or Order Filing 135 CLERK'S NOTICE OF ERROR re #114 Reply Memorandum/Reply to Response to Motion, #117 Motion for Amended Scheduling Order, #130 MOTION for Summary Judgment, #132 Memorandum in Support of Motion, #133 Reply Memorandum/Reply to Response to Motion, #134 Reply Memorandum/Reply to Response to Motion. Description of error: documents have wrong judge information on them. Filers are reminded to keep track of any/all judge reassignments and ensure that all case information on documents matches that appearing at the top of each CM/ECF screen before submitting same. (alt)
July 6, 2012 Opinion or Order Filing 134 REPLY to Response to Motion re #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts filed by Cross Defendant Marwit Capital Partners II. (Francisconi, Eric)
July 6, 2012 Opinion or Order Filing 133 REPLY to Response to Motion re #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts filed by Cross Defendant Marwit Capital Partners II. (Attachments: #1 Affidavit Declaration of Eric P. Francisconi)(Francisconi, Eric)
July 3, 2012 Opinion or Order Filing 132 MEMORANDUM in Support re #130 MOTION for Summary Judgment filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Attachments: #1 Exhibit A Petersen Guaranty, #2 Exhibit B Barrett Guaranty, #3 Exhibit C Deposition of V. Barrett excerpts, #4 Exhibit D Deposition of Christopher Britt excerpts, #5 Exhibit E Complaint filed by Homeland in Alabama (the Homeland Complaint"), #6 Exhibit F Deposition of Thomas Dollhopf excerpts, #7 Exhibit G J. Morrell Dep., #8 Exhibit H Homeland Counterclaim against Marwit at 12, #9 Exhibit I Marwits answer at 12, #10 Exhibit J Marwit Guaranty, #11 Exhibit K Homeland responses to Requests for Admission Nos. 2 and 3, #12 Exhibit L Deposition of S. Smith excerpts, #13 Exhibit M Deposition of S. Sippl excerpts, #14 Exhibit N Verified Statement of Account, #15 Exhibit O Rule 26a2c Counter Disclosure for Sam Sippl)(Strassberg, Evan)
July 3, 2012 Opinion or Order Filing 131 AFFIDAVIT/DECLARATION of J. Andrew Sjoblom in Support re #125 MOTION for Summary Judgment Against Scott Petersen and Vance Barrett, #126 MOTION for Summary Judgment Against Marilyn Petersen and Melanie Barrett filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Relevant Portions of the March 22 2012 Deposition of Randall Heath, #2 Exhibit B - Exhibit 162 to Mr. Heaths Deposition - the June 9 2003 Continuing Guaranty, #3 Exhibit C - Relevant Portions of the November 9 2011 Deposition of Vance Barrett, #4 Exhibit D - Exhibit 2 to Mr. Barretts deposition - the June 26 2003 Continuing Guaranty, #5 Errata E - December 15 2011 Rule 26(a)(2)(C) Disclosure for Scott Smith)(Sjoblom, J.)
July 3, 2012 Opinion or Order Filing 130 MOTION for Summary Judgment filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Strassberg, Evan)
July 3, 2012 Opinion or Order Filing 129 AFFIDAVIT/DECLARATION of Scott Smith in Support re #125 MOTION for Summary Judgment Against Scott Petersen and Vance Barrett, #126 MOTION for Summary Judgment Against Marilyn Petersen and Melanie Barrett filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Summary - Daily Basis from 12-31-08 to 12-30-10)(Sjoblom, J.)
July 3, 2012 Opinion or Order Filing 128 MEMORANDUM in Support re #126 MOTION for Summary Judgment Against Marilyn Petersen and Melanie Barrett filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
July 3, 2012 Opinion or Order Filing 127 MEMORANDUM in Support re #125 MOTION for Summary Judgment Against Scott Petersen and Vance Barrett filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
July 3, 2012 Opinion or Order Filing 126 MOTION for Summary Judgment Against Marilyn Petersen and Melanie Barrett filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
July 3, 2012 Opinion or Order Filing 125 MOTION for Summary Judgment Against Scott Petersen and Vance Barrett filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
July 3, 2012 Opinion or Order Filing 124 AFFIDAVIT/DECLARATION of J. Andrew Sjoblom in Support re #121 MOTION for Summary Judgment Against Marwit Capital Partners II, LP filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - December 15, 2011 Rule 26(a)(2)(C) Disclosure for Scott Smith, #2 Exhibit B - Marwit Capital Partners II January 11 2012 Rule 26(a)(2)(C) CounterDisclosure for Samuel Sippl, #3 Exhibit C - Relevant Portions of May 30 2012 Expert Deposition of Samuel Sippl)(Maxfield, Eric)
July 3, 2012 Opinion or Order Filing 123 AFFIDAVIT/DECLARATION of Scott Smith in Support re #121 MOTION for Summary Judgment Against Marwit Capital Partners II, LP filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A Guaranty, #2 Exhibit B Spreadsheet, #3 Exhibit C - August 31, 2010 letter to Mr. Morrell, #4 Exhibit D - September 10, 2010 letter to Mr. Morrell, #5 Exhibit E - letter to Marwit and the accompanying account receivables report, #6 Exhibit F - Homeland Vinyls attorneys letter to Marwit and the accompanying account receivables report, #7 Exhibit G - letter to Marwit and its accompanying schedule)(Maxfield, Eric)
July 3, 2012 Opinion or Order Filing 122 MEMORANDUM in Support re #121 MOTION for Summary Judgment Against Marwit Capital Partners II, LP filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
July 3, 2012 Opinion or Order Filing 121 MOTION for Summary Judgment Against Marwit Capital Partners II, LP filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
July 2, 2012 Opinion or Order Filing 120 REQUEST to Submit for Decision re #104 MOTION to Amend/Correct Answer to Complaint filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Strassberg, Evan)
July 2, 2012 Opinion or Order Filing 119 NOTICE of Change of Address by Evan S. Strassberg (Strassberg, Evan)
June 29, 2012 Opinion or Order Filing 118 ORDER granting #117 Motion for Amended Scheduling Order. Dispositive Motions due by 7/3/2012. Signed by Magistrate Judge Evelyn J. Furse on 6/29/12. (jlw)
June 28, 2012 Opinion or Order Filing 117 Stipulated MOTION to Amend/Correct #68 Order on Motion for Scheduling Order, filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Vanguard Vinyl, Cross Defendant Scott R. Petersen. (Attachments: #1 Text of Proposed Order)(Strassberg, Evan) Modified on 6/29/2012 by changing from motion to amend/correct to motion for scheduling order (jlw).
June 28, 2012 Opinion or Order Filing 114 REPLY to Response to Motion re #104 MOTION to Amend/Correct Answer to Complaint filed by Cross Claimants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Plaintiff Vanguard Vinyl. (Strassberg, Evan)
June 26, 2012 Opinion or Order Filing 113 CERTIFICATE OF SERVICE by Homeland Vinyl Products Declaration of Scott Smith in Opposition to Motion of Marwit Capital Partners II, L.P. for Partial Summary Judgment, or in the Alternative for an Order Establishing Specified Facts; and Declaration of Eric G. Maxfield in Support of Memorandum in Opposition to Motion of Marwit Capital Partners II, L.P. for Partial Summary Judgment, or in the Alternative for an Order Establishing Specified Facts (Maxfield, Eric)
June 26, 2012 Opinion or Order Filing 112 NOTICE OF CONVENTIONAL FILING of Declaration of Scott Smith in Opposition to Motion of Marwit Capital Partners II, L.P. for Partial Summary Judgment, or in the Alternative for an Order Establishing Specified Facts; Declaration of Eric G. Maxfield in Support of Memorandum in Opposition to Motion of Marwit Capital Partners II, L.P. for Partial Summary Judgment, or in the Alternative for an Order Establishing Specified Facts filed by Defendant Homeland Vinyl Products re #109 Memorandum in Opposition to Motion, (Maxfield, Eric)
June 25, 2012 Opinion or Order Filing 116 AFFIDAVIT/DECLARATION of Eric G. Maxfield in Opposition re #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts filed by Defendant Homeland Vinyl Products (document uploaded from disc provided by filer) (Attachments: #1 Exhibit A-D (bookmarked), #2 Exhibit E-H (bookmarked), #3 Exhibit I-M (bookmarked), #4 Exhibit N-R (bookmarked), #5 Exhibit S-U (bookmarked))(alt)
June 25, 2012 Opinion or Order Filing 115 DECLARATION of Scott Smith in Opposition re #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts filed by Defendant Homeland Vinyl Products (Attachments: #1 Exhibit A, #2 Exhibit B-E, #3 Exhibit F-I, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L, #7 Exhibit M) (document uploaded from disc provided by filer) (alt)
June 25, 2012 Opinion or Order Filing 111 MEMORANDUM in Opposition re #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts filed by Cross Defendants Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl. (Strassberg, Evan)
June 25, 2012 Opinion or Order Filing 110 AFFIDAVIT/DECLARATION of Steve Heath in Opposition re #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts filed by Counter Claimant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Morrell 3-5-10 email to Britt, Sippl, and Dollhopf, #2 Exhibit B - Payment Options, #3 Exhibit C - Sample Payment Projections, #4 Exhibit D - Marwit Guaranty)(Maxfield, Eric)
June 25, 2012 Opinion or Order Filing 109 MEMORANDUM in Opposition re #102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts and Request for Oral Argument filed by Defendant Homeland Vinyl Products, Counter Claimant Homeland Vinyl Products. (Maxfield, Eric)
June 11, 2012 Opinion or Order Filing 108 CLERK'S NOTICE OF ERROR re #107 Memorandum in Opposition to Motion. Description of error: document has wrong judge information on it. Filers are reminded to keep track of any/all judge reassignments and ensure that all case information on documents matches that appearing at the top of each CM/ECF screen before submitting same. (alt)
June 11, 2012 Opinion or Order Filing 107 MEMORANDUM in Opposition re #104 MOTION to Amend/Correct (Melanie Barrett And Marilyn Petersens Motion For Leave To Amend Their Answer To Assert One Additional Affirmative Defense) filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
May 24, 2012 Opinion or Order Filing 106 REQUEST to Submit for Decision re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Vance Barrett, Melanie Barrett, Scott Peterson, And Marilyn Petersons Motion To Dismiss The Sixth Cause Of Action (Unjust Enrichment) In Marwits Cross-Claim) filed by Cross Defendants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Strassberg, Evan)
May 24, 2012 Opinion or Order Filing 105 MEMORANDUM in Support re #104 MOTION to Amend/Correct (Melanie Barrett And Marilyn Petersens Motion For Leave To Amend Their Answer To Assert One Additional Affirmative Defense) filed by Cross Defendants Melanie R. Barrett, Marilyn J. Petersen. (Attachments: #1 Exhibit A - Deposition of Randall Heath, March 22, 2012, at 182:14-23, #2 Exhibit B - April 18, 2012, Email from E. Strassberg to E. Maxfield and A. Sjoblom, #3 Exhibit C - May 4, 2012, Email from A. Sjoblom to E. Strassberg, #4 Exhibit D - May 4, 2012, Email from E. Strassberg to A. Sjoblom, #5 Exhibit E - May 16, 2012, Email from E. Strassberg to A. Sjoblom, #6 Exhibit F - May 16, 2012, Email from A. Sjoblom to E. Strassberg)(Strassberg, Evan)
May 24, 2012 Opinion or Order Filing 104 MOTION to Amend/Correct Answer to Complaint (Melanie Barrett And Marilyn Petersens Motion For Leave To Amend Their Answer To Assert One Additional Affirmative Defense) filed by Cross Defendants Melanie R. Barrett, Marilyn J. Petersen. (Strassberg, Evan) Modified on 6/12/2012: corrected carry-over motion text (alt)
May 24, 2012 Opinion or Order Filing 103 REQUEST to Submit for Decision re #74 MOTION to Dismiss Cross-Claim filed by Cross Defendant Best Vinyl Fence & Deck. (Ball, Matthew)
May 23, 2012 Opinion or Order Filing 102 MOTION for Partial Summary Judgment or in the Alternative for an Order Establishing Specified Facts filed by Cross Defendant Marwit Capital Partners II. (Attachments: #1 Memorandum of Points and Authorities, #2 Affidavit Declaration of Christopher L. Britt, #3 Affidavit Declaration of Eric P. Francisconi)(Francisconi, Eric)
April 9, 2012 Opinion or Order Filing 101 PROTECTIVE ORDER re: Confidential Information. The arguments in the late filed #97 Opposition from Marwit Capital lack merit. Marwit's delay in responding to the motion was unjustified. Marwit's actions have unnecessarily delayed the proceedings. Signed by Judge David Nuffer (DJ) on 4/9/12. (Attachments: #1 Checklist for Filing Documents Under Seal) (alt)
April 5, 2012 Opinion or Order Filing 100 ANSWER to #76 Crossclaim filed by Marwit Capital Partners II.(Francisconi, Eric)
April 4, 2012 Opinion or Order Filing 99 REPLY to Response to Motion re #81 MOTION for Protective Order filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
April 4, 2012 Opinion or Order Filing 98 AFFIDAVIT/DECLARATION of Eric P. Francisconi in Opposition re #81 MOTION for Protective Order filed by Consol Plaintiff Marwit Capital Partners II. (Francisconi, Eric)
April 4, 2012 Opinion or Order Filing 97 MEMORANDUM in Opposition re #81 MOTION for Protective Order filed by Consol Plaintiff Marwit Capital Partners II. (Francisconi, Eric)
April 3, 2012 Opinion or Order Filing 96 AMENDED NOTICE OF HEARING: (Notice generated by Theresa Brown) Final Pretrial Conference set for 11/26/2012 02:30 PM in Room 230 before Judge David Nuffer (DJ). Five Day Jury Trial set for 12/10/2012 08:30 AM in Room 230 before Judge David Nuffer (DJ). Deadlines, hearings and trials which were scheduled before the judge previously presiding are now set before Judge Nuffer on the same date. Conflicts will be identified after all cases have been transferred from all judges. Then, schedules may be modified. (tab)
April 2, 2012 Opinion or Order Filing 95 DOCKET TEXT ORDER taking under advisement #81 Motion for Protective Order. Movant shall promptly email to dj.nuffer@utd.uscourts.gov and all counsel who were served with the motion a Microsoft Word copy of the protective order as proposed. The court will determine this motion on the basis of papers filed before 4:00 p.m. Wednesday April 4, 2012. Concurrent with the filing of any response, a redline Microsoft Word copy of the protective order showing changes proposed by that responding party shall be emailed to dj.nuffer@utd.uscourts.gov. Counsel shall not submit alternate forms of the order, but only redlines against the order proposed by movant.Signed by Judge David Nuffer (DJ) on April 2, 2012. No attached document. (DN) Modified on 4/2/2012 to add the date April 4.(DN).
April 2, 2012 Opinion or Order Filing 94 DOCKET TEXT ORDER finding as moot #84 Motion to Expedite Motion for Protective Order. The date for response under a normal briefing schedule has passed already and no response has been filed. Signed by Judge David Nuffer (DJ) on April 2, 2012. No attached document. (DN)
April 2, 2012 Opinion or Order Filing 93 REPLY to Response to Motion re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Reply Memorandum in Support of Their Motion to Dismiss Sixth Cause of Action (Unjust Enrichment) in Marwit's Cross-Claim) filed by Cross Defendants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Strassberg, Evan)
April 2, 2012 Opinion or Order Filing 92 REQUEST to Submit for Decision re #81 MOTION for Protective Order filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
April 2, 2012 Opinion or Order Filing 91 REPLY to Response to Motion re #74 MOTION to Dismiss Cross-Claim filed by Cross Defendant Best Vinyl Fence & Deck. (Ball, Matthew)
March 31, 2012 Opinion or Order Filing 90 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge David Nuffer (DJ). Judge Dee Benson no longer assigned to the case. Case number will now read 2:10-cv-01158-DN. Please make changes to document captions accordingly. (asp)
March 16, 2012 Opinion or Order Filing 89 MEMORANDUM in Opposition re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cross Claimant Marwit Capital Partners II. (Francisconi, Eric)
March 16, 2012 Opinion or Order Filing 88 MEMORANDUM in Opposition re #74 MOTION to Dismiss Cross-Claim filed by Cross Claimant Marwit Capital Partners II. (Francisconi, Eric)
March 9, 2012 Opinion or Order Filing 87 OBJECTIONS to #84 MOTION to Expedite Hearing on Motion for Protective Order filed by Marwit Capital Partners II, Marwit Capital Partners II. (Slaughter, David)
March 8, 2012 Opinion or Order Filing 86 RECEIVED Consent/Reassignment Form from Cross Defendant Best Vinyl Fence & Deck.(Case has been reassigned to District Judge) (alp)
March 8, 2012 Opinion or Order Filing 85 MEMORANDUM in Support re #84 MOTION to Expedite Hearing on Motion for Protective Order filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
March 8, 2012 Opinion or Order Filing 84 MOTION to Expedite Hearing on Motion for Protective Order filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Maxfield, Eric)
March 8, 2012 Opinion or Order Filing 83 AFFIDAVIT/DECLARATION of Eric G. Maxfield in Support re #81 MOTION for Protective Order filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
March 8, 2012 Opinion or Order Filing 82 MEMORANDUM in Support re #81 MOTION for Protective Order filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
March 8, 2012 Opinion or Order Filing 81 MOTION for Protective Order filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Maxfield, Eric)
March 8, 2012 Opinion or Order Filing 80 The deadline for filing of Consent/Reassignment Forms has now passed. Case is no longer eligible for magistrate assignment and is reassigned to a District Judge. Case randomly assigned to Judge Dee Benson. Magistrate Judge David Nuffer no longer assigned to the case. (alp)
February 22, 2012 Opinion or Order Filing 79 NOTICE REMINDER - All parties who have not done so are requested to respond within the time frame set forth in the #65 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (alp)
February 21, 2012 Opinion or Order Filing 78 MEMORANDUM in Support re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cross Defendants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Strassberg, Evan)
February 21, 2012 Opinion or Order Filing 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cross Defendants Melanie R. Barrett, Vance C. Barrett, Marilyn J. Petersen, Scott R. Petersen. (Strassberg, Evan)
February 21, 2012 Opinion or Order Filing 76 ANSWER to #222 Amended Crossclaim filed by Vance C. Barrett, Marilyn J. Petersen, Melanie R. Barrett, Best Vinyl, Scott R. Petersen, Vanguard Vinyl, CROSSCLAIM against Marwit Capital Partners II filed by Vance C. Barrett, Marilyn J. Petersen, Melanie R. Barrett, Scott R. Petersen. (Strassberg, Evan) Modified on 11/30/2012: corrected entry to link to the Amended Crossclaim 6 parties are answering and clarified that Crossclaim is filed only by 4 or the 6 answering parties (alt)
February 17, 2012 Opinion or Order Filing 75 MEMORANDUM in Support re #74 MOTION to Dismiss Cross-Claim filed by Cross Defendant Best Vinyl Fence & Deck. (Ball, Matthew)
February 17, 2012 Opinion or Order Filing 74 MOTION to Dismiss Cross-Claim filed by Cross Defendant Best Vinyl Fence & Deck. (Ball, Matthew)
February 17, 2012 Opinion or Order Filing 73 DOCKET TEXT ORDER granting #72 Motion for Extension of Time to Answer Answer to Cross-Claims deadline updated for Melanie R. Barrett answer due 2/21/2012; Vance C. Barrett answer due 2/21/2012; Best Vinyl answer due 2/21/2012; Best Vinyl Fence & Deck(a Utah limited liability company) answer due 2/21/2012; Marilyn J. Petersen answer due 2/21/2012; Scott R. Petersen answer due 2/21/2012; Vanguard Vinyl answer due 2/21/2012.. Signed by Magistrate Judge David Nuffer on 2/17/12. No attached document. (asb)
February 16, 2012 Opinion or Order Filing 72 Stipulated MOTION for Extension of Time to File Answer re #62 Amended Answer to Complaint Cross Claim filed by Marwit Capital Partners, II, LP filed by Cross Defendant Best Vinyl. (Attachments: #1 Exhibit A- Text of Proposed Order)(Strassberg, Evan)
February 9, 2012 Opinion or Order Filing 71 RECEIVED Consent/Reassignment Form from Melanie R. Barrett, Vance C. Barrett, Scott R. Petersen, Best Vinyl, Marilyn J. Petersen, Vanguard Vinyl. (alp)
February 9, 2012 Opinion or Order Filing 70 RECEIVED Consent/Reassignment Form from Defendant Homeland Vinyl Products. (alp)
February 8, 2012 Opinion or Order Filing 69 CERTIFICATE OF SERVICE by Marwit Capital Partners II re #62 Amended Answer to Complaint Service of Crossclaim upon Best Vinyl Fence & Deck, LLC (Francisconi, Eric)
February 2, 2012 Opinion or Order Filing 68 ORDER granting #66 Motion for Amended Scheduling Order - Discovery due by 5/31/2012. Motions due by 6/30/2012. Final Pretrial Conference set for 11/26/2012 02:30 PM in Room 477 before Magistrate Judge David Nuffer. 8 Day Jury Trial set for 12/10/2012 08:30 AM in Room 477 before Magistrate Judge David Nuffer. Signed by Magistrate Judge David Nuffer on 02/02/2012. (asp)
February 1, 2012 Opinion or Order Filing 67 RECEIVED Consent/Reassignment Form from Marwit Capital Partners II. (alp)
February 1, 2012 Opinion or Order Filing 66 Stipulated MOTION for Scheduling Order (Joint Stipulated Motion to Amend Scheduling Order) filed by Defendant Homeland Vinyl Products. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
February 1, 2012 Opinion or Order Filing 65 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Consol Counter Claimants Melanie R. Barrett, Vance C. Barrett, Scott R. Petersen, Plaintiff Best Vinyl, Cross Defendants Best Vinyl Fence & Deck, David Patey, Defendant Homeland Vinyl Products, Consol Plaintiff Marwit Capital Partners II, Consol Defendant Marilyn J. Petersen, Counter Defendant Vanguard Vinyl. Form due by 2/16/2012. (alp)
January 31, 2012 Opinion or Order Filing 64 ORDER OF RECUSAL Magistrate Judge Samuel Alba recused. Case reassigned to Magistrate Judge David Nuffer for all further proceedings. Signed by Magistrate Judge Samuel Alba on 1/31/2012. (cas)
January 27, 2012 Opinion or Order Filing 63 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Best Vinyl Fence & Deck(a Utah limited liability company). Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls)
January 26, 2012 Opinion or Order Filing 222 FIRST AMENDED CROSSCLAIM against Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Best Vinyl Fence & Deck, David Patey, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl, filed by Marwit Capital Partners II (document was originally filed only as an "Answer" at #62 on the docket, but not as an Amended Crossclaim - this entry corrects the docket and clarifies what was filed and which parties are involved in this crossclaim) (alt)
January 26, 2012 Opinion or Order Filing 62 AMENDED ANSWER to Counterclaim and Crossclaim filed by Marwit Capital Partners II, Marwit Capital Partners II. (Francisconi, Eric)
January 17, 2012 Opinion or Order Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on October 3, 2011 before Judge SAMUEL ALBA. Court Reporter/Transcriber Ed Young, Telephone number (801) 328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 2/7/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/16/2012. (las) Modified by removing restricted text on 4/16/2012 (rks).
December 27, 2011 Opinion or Order Filing 59 ORDER Granting Motion of Marwit Capital Partners II, L.P. Leave to File First Amended Answer to Counterclaim and Crossclaim-granting #48 Motion to Amend/Correct. Signed by Magistrate Judge Samuel Alba on 12/27/11. (jmr)
October 13, 2011 Opinion or Order Filing 58 ANSWER to #45 Amended Complaint with Jury Demand filed by Homeland Vinyl Products.(Sjoblom, J.)
October 13, 2011 Opinion or Order Filing 57 MEMORANDUM in Support re #56 MOTION to Dismiss Twelfth and Thirteenth Causes of Action for Intentional and Negligent Interference with Prospective Economic Relations MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
October 13, 2011 Opinion or Order Filing 56 MOTION to Dismiss Twelfth and Thirteenth Causes of Action for Intentional and Negligent Interference with Prospective Economic Relations, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
October 11, 2011 Opinion or Order Filing 55 DOCKET TEXT ORDER granting #51 stipulated motion for extension of time. Defendant Homeland Vinyl Products, Inc. may have until October 17, 2011, to respond to Plaintiff Marwit Capital Partners II, L.P.'s complaint. Signed by Magistrate Judge Samuel Alba on October 11, 2011. No attached document. (lgk)
October 7, 2011 Opinion or Order Filing 54 AFFIDAVIT OF SERVICE for Subpoena to Produce Documents served on NACM - Tampa on 10-7-11, filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
October 6, 2011 Opinion or Order Filing 52 AFFIDAVIT OF SERVICE for Subpoena to Produce Documents to Best Vinyl Fence & Deck LLC served on Kristine Hummer, Records Custodian on 9-2-11, filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
October 3, 2011 Opinion or Order Filing 53 Minute Order. Proceedings held before Magistrate Judge Samuel Alba. After hearing arguments from counsel, Court took the #13 MOTION to Dismiss Count 5 of the Counterclaim filed by Best Vinyl under advisement. Attorney for Plaintiff: Evan Strassberg, Attorney for Defendant Andrew Sjoblom. Court Reporter: Electronic.(Time Start: 5:59, Time End: 21:09, Room 248.) (ss)
October 3, 2011 Opinion or Order Filing 51 STIPULATED MOTION for Extension of Time to File Answer EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT OF MARWIT CAPITAL PARTNERS II, L.P. by Homeland Vinyl Products. (Attachments: #1 Exhibit Proposed Order)(Maxfield, Eric) Modified on 10/4/2011 ; changed event from Stipulation to Stipulated Motion for Extension of Time to File Answer (asp).
September 29, 2011 Opinion or Order Filing 50 AFFIDAVIT OF SERVICE for Subpoena to Produce Documents served on Fifth Street Finance Corp. on September 26, 2011, filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
September 26, 2011 Opinion or Order Filing 49 AFFIDAVIT OF SERVICE for Deposition Subpoena served on John Joseph Morrell on September 21, 2011, filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
September 20, 2011 Opinion or Order Filing 48 MOTION to Amend/Correct Answer to Counterclaim filed by Consol Cross Defendant Marwit Capital Partners II. (Attachments: #1 Points and Authorities in Support, #2 Affidavit Declaration of Eric P. Francisconi in Support)(Francisconi, Eric)
September 16, 2011 Opinion or Order Filing 47 NOTICE of Issuance of Subpoena to NACM - Tampa by Homeland Vinyl Products (Attachments: #1 Exhibit A) (Maxfield, Eric)
September 16, 2011 Opinion or Order Filing 46 NOTICE of Issuance of Subpoena to Fifth Street Finance Corp by Homeland Vinyl Products (Attachments: #1 Exhibit A) (Maxfield, Eric)
September 14, 2011 Opinion or Order Filing 45 AMENDED COMPLAINT (First) against Homeland Vinyl Products with Jury Demand., filed by Marwit Capital Partners II. (Francisconi, Eric)
September 13, 2011 Opinion or Order Filing 44 AMENDED NOTICE OF HEARING ON MOTION re: #13 MOTION to Dismiss Count 5 of the Counterclaim: After reviewing the Court's calendar, it has been determined that in order to allow adequate time for oral argument, the motion hearing has been rescheduled for October 3, 2011, at 10:00 a.m., in Room 248 before Magistrate Judge Samuel Alba. The Court apologizes for the confusion. (cas)
September 13, 2011 Opinion or Order Filing 43 DOCKET TEXT ORDER GRANTING #35 Motion for Leave to File. Plaintiffs are to file and serve the First Amended Complaint, pursuant to the Federal Rules of Civil Procedure. Signed by Magistrate Judge Samuel Alba on 9/13/2011. No attached document. (cas)
September 12, 2011 Opinion or Order Filing 42 Remark: Please diregard the notice of hearing for October 3, 2011, on the Motion to Dismiss Count 5 of the Counterclaim. The hearing will be held on September 28, 2011, at 9:30 a.m., as noticed. (cas)
September 12, 2011 Opinion or Order Filing 41 NOTICE OF HEARING ON MOTION re: #13 MOTION to Dismiss Count 5 of the Counterclaim: Motion Hearing set for 10/3/2011 10:00 AM in Room 248 before Magistrate Judge Samuel Alba. (cas)
September 12, 2011 Opinion or Order Filing 40 RESPONSE to Motion re #35 MOTION for Leave to File Motion for Leave to File First Amended Complaint filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
September 9, 2011 Opinion or Order Filing 39 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Best Vinyl Fence & Deck c/o Kristine Hummer on 09/02/2011, filed by Defendant Homeland Vinyl Products. (Maxfield, Eric)
September 9, 2011 Opinion or Order Filing 38 NOTICE OF HEARING ON MOTION re: #13 MOTION to Dismiss Count 5 of the Counterclaim: Motion Hearing set for 9/28/2011 09:30 AM in Room 248 before Magistrate Judge Samuel Alba. (cas)
August 31, 2011 Opinion or Order Filing 37 DOCKET TEXT ORDER RESCINDING 36 ORDER FOR CASE TO BE REASSIGNED. Due to the parties' stipulation to have this case assigned to Magistrate Judge Alba (Doc. 16, at 4), the Court hereby rescinds the previous docket text order for this case to be reassigned (Doc. 36). No attached document. Signed by Magistrate Judge Samuel Alba on August 31, 2011. (lgk)
August 31, 2011 Opinion or Order Filing 36 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. In light of the pending dispositive motion ( #13 Motion to Dismiss Count 5 of the Counterclaim), and because the parties have not consented to presiding magistrate judge assignment, the Court has determined that this case should be reassigned to a district judge through random assignment. No attached document. Signed by Magistrate Judge Samuel Alba on August 31, 2011. (lgk)
August 29, 2011 Opinion or Order Filing 35 MOTION for Leave to File Motion for Leave to File First Amended Complaint filed by Consol Plaintiff Marwit Capital Partners II. (Attachments: #1 Points and Authorities in Support, #2 Declaration of Eric P. Francisconi in Support)(Francisconi, Eric)
August 26, 2011 Opinion or Order Filing 34 NOTICE OF DEFICIENCY re #33 MOTION for Leave to File First Amended Complaint. The document 33 was filed as a Motion however the image is a Memorandum in Support of Motion. The clerk requests the filer of the original document to refile the pleading with the proper image attached. The new pleading will receive a new document number on the docket. (asp)
August 25, 2011 Opinion or Order Filing 33 MOTION for Leave to File First Amended Complaint filed by Consol Plaintiff Marwit Capital Partners II. (Attachments: #1 Affidavit Declaration of Eric P. Francisconi)(Francisconi, Eric)
August 25, 2011 Opinion or Order Filing 32 CROSSCLAIM against Melanie R. Barrett, Vance C. Barrett, Best Vinyl, Best Vinyl Fence & Deck, David Patey, Marilyn J. Petersen, Scott R. Petersen, Vanguard Vinyl, filed by Marwit Capital Partners II. (Francisconi, Eric)
August 25, 2011 Opinion or Order Deadlines/Hearings terminated - motion hearing set on 8/31/11 at 3:30 with Judge Clark Waddoups terminated as case has been reassigned to Magistrate Judge Samuel Alba. (jwt)
August 17, 2011 Opinion or Order Filing 31 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Samuel Alba for all further proceedings. Judge Clark Waddoups no longer assigned to case. See order for further details. Signed by Judge Clark Waddoups on 8/16/11. (jmr)
August 17, 2011 Opinion or Order Magistrate Judge Samuel Alba added. Judge Clark Waddoups no longer assigned to case. (jmr)
August 9, 2011 Opinion or Order Filing 30 SCHEDULING ORDER: Amended Pleadings due by 10/15/2011. Joinder of Parties due by 10/15/2011. Discovery due by 2/29/2012. Motions due by 3/30/2012. Final Pretrial Conference set for 8/20/2012 02:30 PM in Room 102 before Judge Clark Waddoups. Eight Day Jury Trial set for 9/4/2012 08:30 AM in Room 102 before Judge Clark Waddoups.. Signed by Magistrate Judge David Nuffer on 8/8/11. (jmr)
July 20, 2011 Opinion or Order Filing 29 REPORT OF ATTORNEY PLANNING MEETING. (Maxfield, Eric)
July 13, 2011 Opinion or Order Filing 28 ORDER consolidating cases 2:11cv328 and 2:11cv329 with this case as the lead case. Signed by Magistrate Judge Samuel Alba on 7/13/11. (alp)
June 17, 2011 Opinion or Order Filing 27 NOTICE of Motion to Consolidate by Homeland Vinyl Products (Maxfield, Eric)
April 27, 2011 Opinion or Order Filing 26 NOTICE OF HEARING ON MOTION re: #13 MOTION to Dismiss Count 5 of the Counterclaim : (Notice generated by jwt). Motion Hearing set for 8/31/2011 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt)
April 4, 2011 Opinion or Order Filing 25 NOTICE of Change of Address by Eric G. Maxfield (Maxfield, Eric)
March 23, 2011 Opinion or Order Filing 24 AMENDED NOTICE OF REMOVAL from 4th District Court Utah County, case number 100403740, (AMENDED) (Filing fee $ 350, receipt number 1088-1241812), filed by Homeland Vinyl Products. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - Declaration of Scott Smith, #3 Exhibit 3 - Marwit v. Homeland Vinyl Complaint) Assigned to Judge Clark Waddoups (Sjoblom, J.) Modified on 3/25/2011 to add clarification text Amended to beginning of entry (jtj).
March 23, 2011 Opinion or Order Filing 23 NOTICE OF DEFICIENCY re #22 Notice (Other). The document was not filed as a Notice of Removal. The clerk requests the filer of the original document to file again the pleading. The Event can be found under Complaints and Other Initiating Documents > Notice of Removal. Filer will be able to text in "Amended". The new pleading will receive a new document number on the docket. (jtj)
March 21, 2011 Opinion or Order Filing 22 ENTRY ERROR- See Entry 23 NOTICE of Removal of Action by Homeland Vinyl Products (AMENDED) (Attachments: #1 Exhibit Exhibit 1 - State Court Complaint, #2 Exhibit Exhibit 2 - Declaration of E. Scott Smith, #3 Exhibit Exhibit 3 - Marwit v. Homeland Vinyl Complaint) (Sjoblom, J.) Modified on 3/23/2011 to reflect Entry Error (jtj).
March 17, 2011 Opinion or Order Filing 21 ORDER granting #19 Motion for Leave to File Amended Notice of Removal. Signed by Judge Clark Waddoups on 3/17/2011. (jtj)
March 16, 2011 Opinion or Order Filing 20 MEMORANDUM in Support re #19 MOTION for Leave to File Amended Notice of Removal filed by Defendant Homeland Vinyl Products. (Sjoblom, J.)
March 16, 2011 Opinion or Order Filing 19 MOTION for Leave to File Amended Notice of Removal filed by Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Amended Notice of Removal, #2 Text of Proposed Order)(Sjoblom, J.)
March 4, 2011 Opinion or Order Filing 18 MEMORANDUM DECISION and ORDER TO SHOW CAUSE. Homeland Vinyl is hereby ORDERED to show cause why this case should not be remanded to state court. Homeland Vinyls response, including any motion to amend the notice of removal, is due by 20 days from the date of this Order. The court is aware that there is an outstanding motion to dismiss. Once the court determines that it has jurisdiction here, it will schedule a hearing on that motion. See Order for details. Signed by Judge Clark Waddoups on 3/4/2011. (jtj)
February 25, 2011 Opinion or Order Filing 17 REPLY to Response to Motion re #13 MOTION to Dismiss Count 5 of the Counterclaim filed by Counter Defendants Best Vinyl, Vanguard Vinyl. (Strassberg, Evan)
February 14, 2011 Opinion or Order Filing 16 MEMORANDUM in Opposition re #13 MOTION to Dismiss Count 5 of the Counterclaim filed by Counter Claimant Homeland Vinyl Products, Defendant Homeland Vinyl Products. (Attachments: #1 Exhibit A - Marwit Capital Partners Complaint)(Jibson, Ryan)
February 14, 2011 Opinion or Order Filing 15 NOTICE of Appearance by Ryan R. Jibson on behalf of Homeland Vinyl Products (Jibson, Ryan)
January 14, 2011 Opinion or Order Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss Count 5 of the Counterclaim filed by Counter Defendant Best Vinyl. (Strassberg, Evan)
January 14, 2011 Opinion or Order Filing 13 MOTION to Dismiss Count 5 of the Counterclaim filed by Counter Defendant Best Vinyl. (Strassberg, Evan)
December 22, 2010 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to Answer re #2 Notice of Removal/ Counterclaim. Answer deadline updated for Best Vinyl answer due 1/14/2011; Vanguard Vinyl answer due 1/14/2011. Signed by Judge Clark Waddoups on 12/21/2010. (jtj)
December 21, 2010 Opinion or Order Filing 11 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Counterclaim filed by Plaintiffs Best Vinyl, Vanguard Vinyl. (Attachments: #1 Exhibit A - Proposed Order)(Barnhill, Michael)
December 10, 2010 Opinion or Order Filing 10 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Clark Waddoups. Magistrate Judge Paul M. Warner no longer assigned to the case. (jmr)
December 10, 2010 Opinion or Order Filing 9 RECEIVED Consent/Reassignment Form from Plaintiff Vanguard Vinyl. (jmr)
December 9, 2010 Opinion or Order Filing 8 NOTICE REMINDER - Plaintiff Vanguard Vinyl is requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (jmr)
December 8, 2010 Opinion or Order Filing 7 RECEIVED Consent/Reassignment Form from Defendant Homeland Vinyl Products. (jmr)
November 30, 2010 Opinion or Order Filing 6 ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Best Vinyl, Vanguard Vinyl filed by Homeland Vinyl Products. (Attachments: #1 Exhibit Application for Trade Account)(Maxfield, Eric)
November 24, 2010 Opinion or Order Filing 5 RECEIVED Consent/Reassignment Form from Plaintiff Best Vinyl. (jmr)
November 24, 2010 Opinion or Order Filing 4 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiffs Best Vinyl, Vanguard Vinyl, Defendant Homeland Vinyl Products. Form due by 12/9/2010. (jmr)
November 24, 2010 Opinion or Order Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Best Vinyl, Vanguard Vinyl, Defendant Homeland Vinyl Products. (rks)
November 23, 2010 Opinion or Order Filing 2 NOTICE OF REMOVAL from 4th District Court Utah County, case number 100403740, (Filing fee $ 350, receipt number 1088-1241812), filed by Homeland Vinyl Products. Assigned to Magistrate Judge Paul M. Warner (Maxfield, Eric)
November 23, 2010 Opinion or Order Filing 1 Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Defendant Homeland Vinyl Products is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (rks)

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Search for this case: Best Vinyl et al v. Homeland Vinyl Products
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Plaintiff: Best Vinyl
Represented By: Evan S. Strassberg
Represented By: Michael C. Barnhill
Represented By: Richard F. Ensor
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Plaintiff: Vanguard Vinyl
Represented By: Evan S. Strassberg
Represented By: Michael C. Barnhill
Represented By: Richard F. Ensor
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Consolidated plaintiff: Homeland Vinyl Products
Represented By: Eric G. Maxfield
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Consolidated plaintiff: Marwit Capital Partners II
Represented By: David W. Slaughter
Represented By: Eric P. Francisconi
Represented By: Larry S. Zeman
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Consolidated defendant: Vance C. Barrett
Represented By: Evan S. Strassberg
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Consolidated defendant: Melanie R. Barrett
Represented By: Evan S. Strassberg
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Consolidated defendant: Scott R. Petersen
Represented By: Evan S. Strassberg
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Consolidated defendant: Marilyn J. Petersen
Represented By: Evan S. Strassberg
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Consolidated defendant: David Patey
Represented By: Evan S. Strassberg
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Cross defendant: Best Vinyl Fence & Deck
Represented By: Matthew J. Ball
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