Stetter v. Blackpool, LLC et al
Plaintiff: Guenter Stetter
Defendant: Blackpool, LLC, John Bickley, IV, Burton D. Gould, Thinkorswim, Inc, Wells Fargo Bank NA and Bank of Hawaii
Case Number: 2:2009cv01071
Filed: May 20, 2009
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Mary H Murguia
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other 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
January 17, 2012 Opinion or Order Filing 233 ORDER AND DEFAULT JUDGMENT Plaintiff's 230 Motion to Amend or Correct Judgment is granted. Although Plaintiff did not file a motion for default judgment within the time allotted by the Court (Doc. 205 ), the Court concludes that dismissal of Plaintiff's claims against John R. Bickley, IV, as suggested in Doc. 228 , would be unjust. That portion of Doc. 228 is therefore deleted by this order. Plaintiff's 232 Motion for Default Judgment is granted. Default judgment is entered in favor of Plaintiff and against Defendant John R. Bickley IV in the amount of $350,000, plus interest at the applicable legal rate until satisfied. Signed by Judge David G Campbell on 01/17/12. (ESL)
November 28, 2011 Opinion or Order Filing 228 ORDER AND JUDGMENT pursuant to the parties' 227 stipulation, it is the order and judgment of the Court that judgment is entered against Defendant Burton D. Gould in the amount of $95,000 on Count 3 of the First Amended Complaint. As this judgment resolves the liability of all Defendants in this case, the remaining claims in the First Amended Complaint are dismissed with prejudice. In addition, all counterclaims asserted by Defendants are dismissed with prejudice. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 11/28/11. (ESL)
September 14, 2011 Opinion or Order Filing 216 ORDER: Plaintiff Guenter Stetter's motion for summary judgment 211 is denied. Plaintiff and Defendant Burton Gould's joint final pretrial order is due by October 14, 2011. The bench trial in this matter will begin on October 27, 2011 at 9:00 a.m. See Doc. 206 . See order for further details. Signed by Judge David G. Campbell on 9/14/11.(SJF)
August 1, 2011 Opinion or Order Filing 205 ORDER OF DEFAULT AGAINST DEFENDANT BICKLEY - As a sanction for his failure to assist in preparing this case for trial, default is entered against Defendant Bickley. Plaintiff may, within 20 days of the date of this order, provide the Court with a proposed form of judgment and any evidence in support of the proposed judgment. Signed by Judge David G Campbell on 08/01/11. (ESL)
April 18, 2011 Opinion or Order Filing 196 ORDER granting 195 Ex Parte Motion to Withdraw as Attorney. Thomas F. O'Malley be allowed to withdraw as local counsel for Plaintiff in this matter. Signed by Judge David G Campbell on 4/18/11. (cc: All Parties) (MAP)
December 9, 2010 Opinion or Order Filing 176 ORDER AND DEFAULT JUDGMENT that Plaintiff Guenter Stetter's 175 motion for entry of default judgment is granted. Default judgment is entered in favor of Plaintiff and against Defendant Blackpool, LLC in the amount of $350,000.00, plus interest at the applicable legal rate until the judgement is satisfied. Plaintiff Guenter Stetter's request for an order for turnover is denied. Signed by Judge David G Campbell on 12/09/10.(ESL)
October 19, 2010 Opinion or Order Filing 174 ORDER granting Stetter's 171 Motion to Dismiss the Amended Counterclaim fild by Burton Gould; Stetter shall have until 11/05/10 to seek default judgment against Blackpool, LLC. The Court will dismiss the claims asserted against Blackpool if Stetter fails to comply with this order. Signed by Judge David G Campbell on 10/19/10. (NOTE: See attached pdf for complete details)(ESL)
July 21, 2010 Opinion or Order Filing 169 ORDER granting Burton Gould's 156 Motion for leave to file an amended counterclaim; the amended counterclaim shall be filed by 8/6/10; the deadline for completing fact discovery is 12/17/10; the deadline for making initial expert disclosures i s 10/22/10; Rebuttal expert disclosures, if any, shall be made by 11/19/10; Expert depositions shall be completed no later than 12/17/10; the deadline for filing dispositive motions is 1/4/11; all other terms of the case management order (Doc. 72) remain in effect. Signed by Judge David G Campbell on 7/21/10.(REW)
April 15, 2010 Opinion or Order Filing 147 ORDER granting 94 Stetter and Dunbar's Motion to Dismiss the counterclaim of John Bickley. John Bickley's 138 request for leave to file an amended counterclaim is denied. Signed by Judge David G Campbell on 4/15/10.(DMT)
March 17, 2010 Opinion or Order Filing 139 ORDER denying 113 John Bickley's Motion to Dismiss Case. Signed by Judge David G Campbell on 3/16/10.(DMT)
February 24, 2010 Opinion or Order Filing 135 ORDER denying 132 Defendant John Bickley's Motion to Set Aside Entry of Default Signed by Judge David G Campbell on 2/24/10.(TLJ)
January 8, 2010 Opinion or Order Filing 101 ORDER Burton Gould's motion 89 to continue case is granted in part and denied in part. The case is stayed until May 31, 2010 with respect to all claims asserted by or against Gould. The case remains active as to all other claims and parties. G ould shall file a report regarding the status of his health every 30 days beginning on February 1, 2010. Gould shall promptly notify the Court and the other parties if his health improves such that he is able to proceed with the case. Dr. Guenter Ste tter's motion 93 to dismiss Gould's counterclaims is denied without prejudice to refiling after the partial stay is lifted. Stetter's motion 83 for order to show cause and other relief is granted in part. An order to show cause hea ring is set for January 21, 2010, at 1:00 p.m. John Bickley IV and Kelly Olson shall appear at the hearing and show cause why they should not be held in contempt for failing to comply the Court's order of October 21, 2009 (Dkt. #70). Bickley sha ll provide Olson with a copy of this order. Stetter's motion 97 to extend time to file an amended complaint is denied without prejudice. Wells Fargo Bank's motion 73 to modify orders is taken under advisement. Wells Fargo shall, by Janu ary 15, 2010, submit evidence establishing the specific balance of the Blackpool accounts and the amount of attorneys' fees and costs incurred by Wells Fargo in this action. Stetter's motion 96 for relief from late filing is granted. Ste tter shall seek default of Blackpool by January 15, 2010. Blackpool will be dismissed from this action if Stetter fails to comply with this order. The parties shall file a joint report regarding settlement efforts by January 15, 2010. Signed by Judge David G Campbell on 1/7/10.(KMG, )
October 15, 2009 Opinion or Order Filing 63 ORDER denying 39 Burton Gould's Motion for Reconsideration. Signed by Judge David G Campbell on 10/15/09.(DMT, )
September 4, 2009 Opinion or Order Filing 46 ORDER granting 35 Plaintiff's unopposed motion to amend Court's order of August 7, 2009 Defendants shall fully complete the Accounting Details Form (Dkt. #35-1) and provide it to Plaintiff and file it with the Court before the close of business on September 16, 2009. Signed by Judge David G Campbell on 9/4/09.(DMT, )
August 7, 2009 Opinion or Order Filing 32 AMENDED PRELIMINARY INJUNCTION. Defendant Gould's motion to dissolve preliminary injunction 19 is denied. Signed by Judge David G Campbell on 8/7/2009. (NVO)
August 4, 2009 Opinion or Order Filing 22 ORDER: In-Court Hearing set for 8/7/2009 at 09:30 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 8/4/2009. (NVO)
July 31, 2009 Opinion or Order Filing 17 ORDER, ORDER TO SHOW CAUSE, PRELIMINARY INJUNCTION Show Cause Hearing set for 8/4/2009 at 09:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 7/31/2009. (NVO)
July 20, 2009 Opinion or Order Filing 12 TEMPORARY RESTRAINING ORDER (granting 7 Ex Parte Motion for Temporary Restraining Order. SEE ORDER FOR FULL DETAILS. FURTHER ORDERED Preliminary Injunction Hearing set for 7/30/2009 10:00 AM before Judge David G Campbell. Signed by Judge David G Campbell on 7/20/09. (MAP)
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Defendant: Blackpool, LLC
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Defendant: John Bickley, IV
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Defendant: Burton D. Gould
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Defendant: Thinkorswim, Inc
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Defendant: Wells Fargo Bank NA
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Defendant: Bank of Hawaii
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Plaintiff: Guenter Stetter
Represented By: Thomas Francis OMalley, III
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