IMA North America, Inc. v. Marlyn Nutraceuticals, Inc.

Case Number: 2:2006cv00344
Filed: January 26, 2006
Court: Arizona District Court
Office: Phoenix Division Office
Presiding Judge: Lawrence O Anderson
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 16, 2009 178 Opinion or Order of the Court JUDGMENT AGAINST GARNISHEE ON WRIT OF GARNISHMENT - IMA North American is granted judgment against Garnishee Bank of America, N.A. in the amount of $505,037.69, plus $132.87 for each day the Judgment is not paid after March 13, 2009. Garnis hee is granted Judgment against Marlyn Nutraceuticals, Inc in the amount of $150 for the preparation of its Answer, which amount may be paid out of Marlyn's Accounts. See PDF document for details. Signed by Magistrate Judge Lawrence O Anderson on 3/16/09. (LSP)
January 22, 2009 163 Opinion or Order of the Court FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER directing the Clerk to enter a separate Judgment in favor of Plaintiff IMA North America, Inc and against Defendant Marlyn Nutraceuticals, Inc in the sum of $484,974.32 plus interest. IT IS FURTHER ORDERED awarding to IMA its reasonable attorneys' fees and reasonable non-taxable expenses. See PDF document for details. Signed by Magistrate Judge Lawrence O Anderson on 1/22/09. (LSP)
November 17, 2008 155 Opinion or Order of the Court ORDER - IT IS ORDERED that, except for Pla IMA North America's claim for unjust enrichment, the parties' 102 REPORT re: Rule 26(f) Planning Meeting (Joint Pretrial Statement), which the Court and parties treated as a pretrial order, is he reby amended to indicate that all claims and defenses, if any, in this litigation are controlled by Arizona's version of the U.C.C. The parties' written final arguments, proposed findings of fact and conclusions of law shall address the U.C .C. accordingly. FURTHER ORDERED that Pla IMA's conditional objection contained in 152 MEMORANDUM is hereby OVERRULED. The Court will consider Marlyn's rescission claim as one of rejection or revocation of acceptance under Arizona's U.C.C. provisions and IMA's breach of contract claim as an "[a]ction for the price" pursuant to A.R.S. § 47-2709 and other relevant provisions of Arizona's U.C.C.. Signed by Magistrate Judge Lawrence O Anderson on 11/17/08. (SAT)
October 28, 2008 128 Opinion or Order of the Court ORDER TO SHOW CAUSE that the parties shall show cause in writing why this Court should not consider Maryln's counterclaim seeking rescission of the subject contract to be one for rejection or revocation of acceptance pursuant to A.R.S. § 67; 47-2601, 47-2602, 47-2607(B), 47-2608 and 2714 in order to prevent manifest injustice; the parties shall file their responses on or before 11/7/2008 and optional replies to the adverse party's response by 11/14/08; that the Court's 10/2 2/08 oral order that Dft/Counterclaimant Maryln provide the Court with a memorandum of law on the issue of whether Arizona's version of the U.C.C. adopted or precluded the remedy of rescission is hereby VACATED. Signed by Magistrate Judge Lawrence O Anderson on 10/27/08. (ESL)
October 17, 2008 122 Opinion or Order of the Court ORDER granting 101 Plaintiff IMA North America Inc.'s Motion to Exclude the Report and Testimony of Damian Hillseth. Signed by Magistrate Judge Lawrence O Anderson on 10/17/08.(LSP)
September 23, 2008 114 Opinion or Order of the Court ORDER - Upon review of the parties' 113 Joint Motion to Continue, IT IS HEREBY ORDERED continuing the deadline to submit Proposed Findings of Fact and Conclusions of Law from 9/23/08 to 9/25/08. Signed by Magistrate Judge Lawrence O Anderson on 9/23/08.(SAT)
February 1, 2008 94 Opinion or Order of the Court ORDER Informal Rule 16(b) Scheduling Conference set for 2/26/2008 10:00 AM before Magistrate Judge Lawrence O Anderson.. Signed by Magistrate Judge Lawrence O Anderson on 2/1/08. (DMT, )

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