Avant-Garde LLC v. Mountain Spa Properties, LLC et al
| Avant-Garde LLC |
| Richard H Bloomfield, Daniel Byer, Timothy R Forstrom, Unknown Byer, Unknown Forstrom, Rebecca R Mendenhall, Nolen Mendenhall, Unknown Locey, Bloomfield CFO PLLC, Unknown Rennert, Beck Locey, Mountain Spa Properties LLC, Michelle Locey, Aaron T Rennert, Michelle Forstrom and Unknown Bloomfield |
| 2:2010cv01499 |
| July 15, 2010 |
| U.S. District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Neil V Wake |
| Other Statutes: Securities/Commodities |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on August 13, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 159 SATISFACTION OF JUDGMENT Satisfaction of Judgment Against Defendant Beck Locey by Avant-Garde LLC. (Harris, Jeffrey) |
| Filing 158 *Judgment Renewal AFFIDAVIT of Jon A. Titus, Esq. re: #154 Clerks Judgment by Plaintiff Avant-Garde LLC. (Titus, Jon) *Modified to add text on 1/17/2017 (DXD). |
| Filing 157 *JUDGMENT RENEWAL AFFIDAVIT of Jon A. Titus, Esq. re: #147 Clerks Judgment by Plaintiff Avant-Garde LLC. (Titus, Jon) *Modified to add text on 12/15/2016 (DXD). |
| Filing 156 NOTICE OF FILING BANKRUPTCY Upon the Record as to Julie A. Rennert by Unknown Rennert. (DMT) |
| Filing 155 NOTICE of Voluntary Dismissal by Avant-Garde LLC (Brooks, Laura) |
| Filing 154 CLERK'S JUDGMENT - Pursuant to the Court's order filed this date and upon the Court's instruction therein, judgment is entered for the Plaintiff and against Defendant Rebecca R. Mendenhall in the principal sum of $1,000,000, with interest accruing at the rate of 24% per annum from February 14, 2008 until paid in full, plus a late fee of 5% of the total amount due when paid. Each party to bear its own attorneys' fees and costs. (DMT) |
Filing 153
ORDER granting #152 Stipulation for Entry of Judgment between Plaintiffand Defendant Rebecca Mendenhall. That the clerk shall enter judgment against Defendant Rebecca Mendenhall and in favor of Plaintiff for the principal sum of $1,000,000, with interest accruing at the rate of 24% per annum from February 14, 2008 until paid in full, plus a late fee of 5% of the total amount due when paid. Each party to bear its own attorneys' fees and costs. Plaintiff shall SHOW CAUSE by January 26, 2012 why this case should not be dismissed against Defendant Jane Doe Byer, who appears to be a nominal party only. Signed by Judge Neil V Wake on 1/19/12. (DMT)
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| Filing 152 STIPULATION For Entry of Judgment by Avant-Garde LLC. (Attachments: #1 Text of Proposed Order proposed Judgment)(Brooks, Laura) |
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Filing 151
ORDER: #150 Plaintiff's Motion to Continue Deadlines is denied. See order for details. Signed by Judge Neil V Wake on 1/17/12. (NKS)
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| Filing 150 *NOTICE of Settlement Pending Bankruptcy Court Approval and Motion to Continue Deadlines by Avant-Garde LLC (Brooks, Laura) *Modified to add motion type on 1/17/2012 (LSP). |
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Filing 149
ORDER that Defendant Beck Loceys Motion to Request a Magistrate Judge (Doc. 148), which is treated as that and as a motion to set aside the stipulated judgment of December 16, 2011 (Doc. 147), is denied. Signed by Judge Neil V Wake on 12/27/2011.(TCA)
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| Filing 148 MOTION to Request a Magistrate Judge Settlement Conference by Beck Locey. (SJF) |
| Filing 147 CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed December 16, 2011, judgment is entered against Defendant Beck Locey and in favor of Plaintiff for the principal sum of $1,000,000, with interest accruing at the rate of 24% per annum from February 14, 2008 until paid in full, plus a late fee of 5% of the total amount due when paid, each party to bear its own attorneys fees' and costs. Further, judgment is entered against Defendant Timothy Forstrom and in favor of Plaintiff for the principal sum of $1,000,000, with interest accruing at the rate of 24% per annum from February 14, 2008 until paid in full, plus a late fee of 5% of the total amount due when paid, each party to bear its own attorneys' fees and costs. (LAD) |
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Filing 146
ORDER granting #142 Stipulation, #141 Stipulation: IT IS FURTHER ORDERED that the clerk shall enter judgment against Defendant Beck Locey and in favor of Plaintiff for the principal sum of $1,000,000, with interest accruing at the rate of 24% per annum from February 14, 2008 until paid in full, plus a late fee of 5% of the total amount due when paid, each party to bear its ownattorneys' fees and costs. IT IS FURTHER ORDERED that the clerk shall enter judgment against Defendant Timothy Forstrom and in favor of Plaintiff for the principal sum of $1,000,000, with interest accruing at the rate of 24% per annum from February 14, 2008 until paid in full, plus a late fee of 5% of the total amount due when paid, each party to bear its own attorneys fees and costs. Signed by Judge Neil V Wake on 12/16/11. (LAD)
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| Filing 145 MEMORANDUM Memorandum Regarding Stipulated Judgment Terms by Plaintiff Avant-Garde LLC. (Brooks, Laura) |
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Filing 144
ORDER: Plaintiff shall file a memorandum on or before December 16, 2011, briefly explaining the basis for the 24% interest rate and 5% late fee. Signed by Judge Neil V Wake on 12/13/11. (NKS)
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| Filing 143 NOTICE re of Filing Proposed Judgment by Avant-Garde LLC re #141 Stipulation . (Fitzgerald, David) |
| Filing 142 STIPULATION for Entry of Judgment by Avant-Garde LLC. (Attachments: #1 Text of Proposed Order proposed Judgment)(Fitzgerald, David) |
| Filing 141 STIPULATION For Entry of Judgment by Avant-Garde LLC. (Fitzgerald, David) |
| Filing 140 REPORT of Settlement Talks Joint by Plaintiff Avant-Garde LLC. (Titus, Jon) |
| Filing 139 TEXT ONLY ORDER: The Court having reviewed the #138 Plaintiff's Motion for Extension of Time to File Dispositive Motions, ORDERED granting the aforementioned motion. FURTHER ORDERED extending the deadline to file dispositive motions from 11/18/11 to 12/22/11 AND extending the deadline to submit a Joint Proposed Pretrial Order from 12/16/11 to 01/13/12. If summary judgment motions have been filed, the Court will set a new time for lodging the Joint Proposed Pretrial Order after the resolution of such dispositive motions. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 138 MOTION for Extension of Time to File Dispositive Motions by Avant-Garde LLC. (Attachments: #1 Text of Proposed Order extending deadline to file dispositive motions)(Titus, Jon) |
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Filing 137
ORDER: Defendant Rebecca Mendenhall's #127 motion to dismiss is DENIED. See order for complete details. Signed by Judge Neil V Wake on 10/25/11. (NKS)
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| Filing 136 *NOTICE to #134 MOTION for Disclosure Clarification and Additional Information by Defendant Mendenhall on Plaintiff's Filing Document #134 by Rebecca R Mendenhall. (Mendenhall, Rebecca R) Modified on 10/17/2011 (DMT). *Modified on 10/17/2011 from motion* (DMT). |
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Filing 135
ORDER: #134 Plaintiff's Motion for Extension of Time to Engage in Good Faith Settlement Talks and Request for Order Compelling the Parties to Appear In Person for Settlement Conference is GRANTED. FURTHER ORDERED that the parties' deadline for engaging in good-faith, in-person settlement talks is extended until 11/18/11. See order for details. Signed by Judge Neil V Wake on 9/30/11. (NKS)
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| Filing 134 * MOTION for Extension of Time to Engage in Good Faith Settlement Talks by Avant-Garde LLC and MOTION (request) for Order Compelling Parties to Appear in Person for Settlement Conference. (Attachments: #1 Exhibit A-E, #2 Text of Proposed Order)(Titus, Jon). *Added MOTION for Order on 9/30/2011* (DMT). |
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Filing 133
ORDER granting #131 Motion to Allow Electronic Filing by a Party. Register as a user with the Clerk's Office within five (5) days of the date of this Order and register as a subscriber to PACER (PublicAccess to Electronic Records) within five (5) days of the date of this Order. (see attached pdf for complete information) Signed by Judge Neil V Wake on 9/29/2011.(GCP)
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| Filing 132 REPLY to Response to Motion re #127 MOTION to Dismiss for Lack of Jurisdiction filed by Rebecca R Mendenhall. (GCP) |
| Filing 131 MOTION to Allow Eletronic Filing by a Party Appearing Without an Attorney and Supporting Information by Rebecca R Mendenhall. (GCP) |
| Filing 130 RESPONSE to Motion re #127 MOTION to Dismiss for Lack of Jurisdiction and Motion for Leave to File Amended Complaint if Necessary filed by Avant-Garde LLC. (Titus, Jon) |
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Filing 129
ORDER: #128 Defendant Rebecca Mendenhall's Request to Place on Hold Plaintiffs Request for Notice of Deposition is DENIED without prejudice to refiling, if necessary, after following paragraph 6(a) of the 06/06/11 Scheduling Order. FURTHER ORDERED that Plaintiff's counsel shall forward a PDF copy of this order to beckmendenhall@gmail.com as soon as possible after receiving it. See order for details. Signed by Judge Neil V Wake on 9/15/11. (NKS)
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| Filing 128 MOTION to Stay Plaintiff's Request for Notice of Deposition by Rebecca R Mendenhall. (LSP) |
| Filing 127 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support of Motion by Rebecca R Mendenhall. (Attachments: #1 Exhibit E-J). (LSP) |
| Filing 126 NOTICE re Plaintiff's Notice of Lift Stay in Defendant Mendenhall's Bankruptcy Proceeding by Avant-Garde LLC. (Titus, Jon) |
| Filing 125 TEXT ONLY ORDER: #124 Defendant Beck Locey's Motion to Review #119 Order is GRANTED. IT IS FURTHER ORDERED that this Court's July 5, 2011 #119 Order is AMENDED as follows: the phrase "Locey's answer does establish" (p. 4, line 14) is changed to "Locey's answer does not establish." This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 124 MOTION to review order re #119 Order on Motion for Judgment on the Pleadings, Order on Motion to Dismiss/Lack of Jurisdiction, by Beck Locey. (DMT) |
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Filing 123
ORDER: The #120 Joint Request for Settlement Conference is DENIED without prejudice to a new request that either (a) includes Rebecca Mendenhall or (b) specifically explains why the Court should order mediation that will not resolve the entire case. Signed by Judge Neil V Wake on 7/18/11. (NKS)
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| Filing 122 NOTICE re Second Supplemental Disclosure by Avant-Garde LLC. (Titus, Jon) |
| Filing 121 CERTIFICATE OF SERVICE of defendant's answer to plaintiff's First Request for Production of Documents by Timothy R Forstrom (DMT) |
| Filing 120 JOINT MOTION for Settlement Conference by Plaintiff Avant-Garde LLC. (Titus, Jon) *Modified on 7/8/2011 from request*(DMT). |
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Filing 119
ORDER granting in part and denying in part #97 Plaintiff's Motion for Partial Judgment on the Pleading; GRANTED with respect to Plaintiff's claim of breach of guaranty against Beck Locey, and DENIED in all other respects. Granting without prejudice #106 Defendant Michelle Locey's Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Neil V Wake on 7/5/11.(DMT)
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Filing 118
ORDER: #117 Plaintiff's Request for Settlement Conference is DENIED. See order for details. Signed by Judge Neil V Wake on 6/29/11. (NKS)
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| Filing 117 *MOTION (Request) for Settlement Conference by Plaintiff Avant-Garde LLC. (Titus, Jon) *Modified on 6/27/2011 from request*(DMT). |
| Filing 116 ERRATA Notice of Errata by Plaintiff Avant-Garde LLC. (Titus, Jon) |
| Filing 115 REQUEST re: Plaintiff's Request for Settlement Conference by Plaintiff Avant-Garde LLC. (Titus, Jon) |
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Filing 114
SCHEDULING ORDER: Discovery due by 10/28/2011. Dispositive motions due by 11/18/2011. Proposed Pretrial Order due by 12/16/2011. See order for complete details. Signed by Judge Neil V Wake on 6/6/11. (NKS)
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| Filing 113 NOTICE of Initial Disclosure by Beck Locey. (DMT) |
| Filing 112 TEXT ONLY Minute Entry for proceedings held before Judge Neil V Wake: Scheduling Conference held on 6/3/2011. Appearances: Laura Brooks for Plaintiff; Pro Se Defendants Timothy Forstrom and Beck Locey (both telephonically). Discussion is held. Scheduling Order outlining the deadlines in this case to follow. (Court Reporter Laurie Adams.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 111 REPORT of Rule 26(f) Planning Meeting by Avant-Garde LLC. (Tellier, John) |
| Filing 110 TEXT ONLY ORDER: On the Court's own motion, ORDERED resetting the Scheduling Conference from 06/03/11 at 11:30 AM to 06/03/11 at 4:00 PM (same date/later time) in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 109 ANSWER to #1 Complaint, by Timothy R Forstrom.(LSP) |
| Filing 108 NOTICE re Plaintiff's Notice of First Supplemental Disclosure by Avant-Garde LLC. (Titus, Jon) |
| Filing 107 REPLY to Response to Motion re #97 MOTION for Judgment on the Pleadings (Partial) Against Defendants Beck Locey and Michelle Locey filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 106 MOTION to Dismiss for Lack of Jurisdiction by Michelle Locey. (DMT) |
| Filing 105 CERTIFICATE OF SERVICE of serving Initial Disclosures by Timothy R Forstrom (DMT) |
| Filing 104 RESPONSE to Motion re #97 MOTION for Judgment on the Pleadings (Partial) Against Defendants Beck Locey and Michelle Locey filed by Beck Locey, Michelle Locey. (DMT) |
| Filing 103 REPLY Memorandum to Response to Motion re #95 MOTION to Set Aside Judgment filed by Timothy R Forstrom. (DMT) |
| Filing 102 NOTICE re Initial Disclosure by Avant-Garde LLC. (Titus, Jon) |
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Filing 100
ORDER granting #95 Defendant Timothy Forstrom's Motion to Set Aside Judgment; that the default judgment against Timothy Forstrom (Doc. 94) is VACATED. Forstrom shall answer Plaintiff's complaint within 14 days of the filing of this order. Denying #99 Motion to Continue Discovery Deadlines and Scheduling Conference. Signed by Judge Neil V Wake on 5/10/11.(DMT)
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| Filing 101 ANSWER to #1 Complaint, by Timothy R Forstrom.(DMT) |
| Filing 99 MOTION to Continue Discovery Deadlines and Scheduling Conference by Avant-Garde LLC. (Attachments: #1 Text of Proposed Order)(Titus, Jon) |
| Filing 98 RESPONSE to Motion re #95 MOTION to Set Aside Judgment filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 97 MOTION for Judgment on the Pleadings (Partial) Against Defendants Beck Locey and Michelle Locey by Avant-Garde LLC. (Titus, Jon) |
| Filing 96 MEMORANDUM in Support of #95 MOTION to Set Aside Default Judgment by Defendant Timothy R Forstrom. (DMT) |
| Filing 95 MOTION to Set Aside Default Judgment by Timothy R Forstrom. (DMT) |
| Filing 94 VACATED by (Doc. 100) - DEFAULT JUDGMENT entered in favor of Avant-Garde LLC against Timothy R Forstrom for the following: Judgment in the principal amount of $1,700,000; Pre-Judgment Interest awarded on the amount of $500,000 at the statutory rate of 10% per annum from April 1, 2006 until the date of Judgment; Pre-Judgment Interest awarded on the amount of $200,000 at the statutory rate of 10% per annum from October 1, 2007 until the date of Judgment; Pre-Judgment Interest awarded on the amount of $1,000,000 at the rate of 24% per annum in accordance with the Promissory Note, from February 14, 2008 until the date of Judgment; and Post-Judgment Interest awarded on the principal amount of $1,700,000 at the statutory rate of 10% per annum from the date of Judgment until paid in full. Signed by Judge Neil V Wake on 4/15/11. (DMT) Modified on 5/10/2011 (DMT). |
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Filing 93
ORDER granting #91 Ex Parte Motion to Withdraw as Counsel. ORDERED Withdrawing Attorney Jeffrey S Leonard as Counsel for Defendants' Beck Locey and Michelle Locey FURTHER ORDERED that the Clerk of the Court to update the address and telephone number of Defendants' Beck Locey and Michelle Locey. Signed by Judge Neil V Wake on 4/14/11.(MAP)
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| Filing 92 MOTION for Default Judgment as to Timothy R. Forstrom by Avant-Garde LLC. (Attachments: #1 Affidavit of James R. Schweikert, #2 Text of Proposed Order Default Judgment Against Defendant Timothy R. Forstrom)(Titus, Jon) |
| Filing 91 EX PARTE MOTION Application to Withdraw as Counsel of Record, With Consent by Beck Locey, Unknown Locey. (Attachments: #1 Text of Proposed Order Order Granting Ex Parte Application to Withdraw as Counsel of Record with Consent)(Leonard, Jeffrey) |
| Filing 90 Clerk's ENTRY OF DEFAULT as to Timothy R Forstrom (DMT) |
| Filing 89 ERRATA re #87 Notice (Other), #88 Application for Entry of Default by Plaintiff Avant-Garde LLC. (Titus, Jon) |
| Filing 88 APPLICATION for Entry of Default by Plaintiff Avant-Garde LLC against Timothy R. Forstrom. (Attachments: #1 Affidavit of Default)(Titus, Jon) |
| Filing 87 NOTICE re Change by Avant-Garde LLC. (Titus, Jon) |
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Filing 86
ORDER: Plaintiff show cause by 04/27/11 why this action should not be dismissed for lack of prosecution as to Timothy R. Forstrom ONLY, unless a responsive pleading or an application for entry of default has been filed by that date. FURTHER ORDERED if Plaintiff fails to comply with this order, the Clerk of Court shall dismiss this action after 04/27/11 as to Timothy R. Forstrom ONLY, for Plaintiff's lack of prosecution. Signed by Judge Neil V Wake on 04/13/11. (NKS)
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Filing 85
ORDER ISSUED: Scheduling Conference set for 6/3/2011 at 11:30 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. The parties are ordered to provide initial disclosures at least 21 calendar days before the Scheduling Conference in the form required by Federal Rule of Civil Procedure 26(a)(1). See order for details. Signed by Judge Neil V Wake on 03/14/11. (NKS)
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Filing 84
ORDER: The Forstroms' #76 Motion to Dismiss Rule 12(b)2 is GRANTED as to Defendant Jane Doe Forstrom (Michelle Forstrom) and DENIED as to Defendant Timothy Forstrom. See order for details. Signed by Judge Neil V Wake on 03/10/11. (NKS)
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| Filing 83 DEFAULT JUDGMENT in favor of Avant-Garde LLC against Aaron T Rennert, Unknown Rennert for the principal amount of $1,700,000; Pre-Judgment Interest awarded on the amount of $500,000 at the statutory rate of 10% per annum from April 1, 2006 until the date of Judgment; Pre-Judgment Interest awarded on the amount of $200,000 at the statutory rate of 10% per annum from October 1, 2007 until the date of Judgment; Pre-Judgment Interest awarded on the amount of $1,000,000 at the rate of 24% per annum in accordance with the Promissory Note, from February 14, 2008 until the date of Judgment; and Post-Judgment Interest awarded on the principal amount of $1,700,000 at the statutory rate of 10% per annum from the date of Judgment until paid in full. Signed by Judge Neil V Wake on 2/3/11. (DMT) |
| Filing 82 MOTION for Default Judgment as to Aaron T. Rennert and Jane Doe Rennert by Avant-Garde LLC. (Attachments: #1 Affidavit of James R. Schweikert, #2 Text of Proposed Order Default Judgment)(Titus, Jon) |
| Filing 81 NOTICE re Notice of Errata by Avant-Garde LLC re #80 Response to Motion to Dismiss for Lack of Jurisdiction. (Titus, Jon) |
| Filing 80 RESPONSE to Motion re #76 MOTION to Dismiss for Lack of Jurisdiction filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 79 TEXT ONLY ORDER: The Court having reviewed the Defendant's #78 Stipulated Motion for Withdrawal of Counsel, ORDERED granting the aforementioned Motion. FURTHER ORDERED that Donald L. Myles, Jr. and Jones, Skelton & Hochuli, P.L.C. shall be withdrawn as counsel of record for Defendant Nolen Mendenhall. Defendant Nolen Mendenhall shall continued to be represented by Glenn C. Hanni and the Law Firm of Strong & Hanni, PC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 78 STIPULATION Motion for Withdrawal as Counsel of Record by Nolen Mendenhall. (Attachments: #1 Text of Proposed Order)(Myles, Donald) |
| Filing 77 MEMORANDUM in Support of #76 MOTION to Dismiss for Lack of Jurisdiction by Defendants Timothy R Forstrom, Unknown Forstrom. (DMT) |
| Filing 76 MOTION to Dismiss for Lack of Jurisdiction by Timothy R Forstrom, Unknown Forstrom. (DMT) |
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Filing 75
ORDER granting #62 Motion for Judgment on the Pleadings. Signed by Judge Neil V Wake on 1/12/11.(DMT)
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| Filing 74 Clerk's ENTRY OF DEFAULT as to Aaron T Rennert, Unknown Rennert (DMT) |
| Filing 73 APPLICATION for Entry of Default by Plaintiff Avant-Garde LLC against Aaron T. Rennert and Jane Doe Rennert. (Attachments: #1 Affidavit of Default)(Titus, Jon) |
| Filing 72 AFFIDAVIT of Service for Summons and Complaint served on Jane Doe Forstrom on 12/23/2010, filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 71 AFFIDAVIT of Service for Summons and Complaint served on Timothy R. Forstrom on 12/23/2010, filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 70 REPLY to Response to Motion re #62 MOTION for Judgment on the pleadings filed by Nolen Mendenhall. (Hanni, Glenn) |
| Filing 68 TEXT-ONLY ORDER granting #67 Stipulation: THE COURT ORDERS that Defendant Nolen Mendenhall shall have leave to file a late reply brief in support of his Motion for Judgment on the Pleadings #62 within three (3) days after the date of this Order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) |
| Filing 67 STIPULATION for Leave to File Late Reply Brief in Support of Motion for Judgment on the Pleadnigs by Nolen Mendenhall. (Attachments: #1 Text of Proposed Order Order)(Hanni, Glenn) |
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Filing 69
ORDER re #66 Notice of Voluntary Dismissal with Prejudice as to Bloomfield Defendants Only. FURTHER ORDERED directing the Clerk of the Court to dismiss this action with prejudice as it pertains to Defendants Richard H. Bloomfield and Jane Doe Bloomfield, husband and wife, and Bloomfield CFO, PLLC only, with each party to bear their own attorneys' fees and costs. Signed by Judge Neil V Wake on 12/29/10. (NKS)
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| Filing 66 NOTICE of Party Dismissal by Avant-Garde LLC. Party Bloomfield CFO PLLC, Richard H Bloomfield and Unknown Bloomfield terminated. (Attachments: #1 Text of Proposed Order)(Titus, Jon) |
| Filing 65 RESPONSE to Motion re #62 MOTION for Judgment on the pleadings filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 64 AFFIDAVIT of Service for Summons and Complaint served on Jane Doe Rennert on December 2, 2010, filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 63 AFFIDAVIT of Service for Summons and Complaint served on Aaron T. Rennert on December 2, 2010, filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 62 MOTION for Judgment on the pleadings by Nolen Mendenhall. (Attachments: #1 Text of Proposed Order Proposed Order)(Hanni, Glenn) Modified on 11/30/2010 (DMT). CORRECT event was used by counsel. |
| Filing 61 ANSWER to Complaint by Nolen Mendenhall.(Hanni, Glenn) |
| Filing 60 DEFAULT JUDGMENT entered in favor of Avant-Garde LLC against Mountain Spa Properties LLC as follows: A. Judgment in the principal amount of $1,700,000; B. Pre-Judgment Interest awarded on the amount of $500,000 at the statutory rate of 10% per annum from April 1, 2006 until the date of Judgment; C. Pre-Judgment Interest awarded on the amount of $200,000 at the statutory rate of 10% per annum from October 1, 2007 until the date of Judgment; D. Pre-Judgment Interest awarded on the amount of $1,000,000 at the rate of 24% per annum in accordance with the Promissory Note, from February 14, 2008 until the date of Judgment; and E. Post-Judgment Interest awarded on the principal amount of $1,700,000 at the statutory rate of 10% per annum from the date of Judgment until paid in full. Signed by Judge Neil V Wake on 11/24/10. (DMT) |
| Filing 59 DEFAULT JUDGMENT entered in favor of Avant-Garde LLC against Daniel Byer as follows: A. Judgment in the principal amount of $1,700,000; B. Pre-Judgment Interest awarded on the amount of $500,000 at the statutory rate of 10% per annum from April 1, 2006 until the date of Judgment; C. Pre-Judgment Interest awarded on the amount of $200,000 at the statutory rate of 10% per annum from October 1, 2007 until the date of Judgment; D. Pre-Judgment Interest awarded on the amount of $1,000,000 at the rate of 24% per annum in accordance with the Promissory Note, from February 14, 2008 until the date of Judgment; and E. Post-Judgment Interest awarded on the principal amount of $1,700,000 at the statutory rate of 10% per annum from the date of Judgment until paid in full. Signed by Judge Neil V Wake on 11/24/10. (DMT) |
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Filing 58
ORDER that Defendant Nolen Mendenhall's #56 Motion to Dismiss Plaintiff's Seventh Claim for Relief Breach of Guaranty is DENIED. This denial is without prejudice to a procedurally proper motion raising the same argument. Signed by Judge Frederick J Martone on 11/16/10. (ESL)
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| Filing 57 ANSWER to #1 Complaint,, with Jury Demand by Beck Locey, Unknown Locey.(Leonard, Jeffrey) |
| Filing 56 MOTION to Dismiss Counts/Claims : Seventh Claim Nolen Mendenhall's Motion to Dismiss Plaintiff's Seventh Claim for Relief - Breach of Guaranty by Nolen Mendenhall. (Attachments: #1 Text of Proposed Order)(Myles, Donald) |
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Filing 55
ORDER granting #53 Motion for Extension of Time to serve Complaint. Plaintiff has to January 10, 2011, to serve its Complaint on Defendants' Aaron T. Rennert and Jane Doe Rennert, husband and wife, and Timothy R. Forstrom and Jane Doe Forstrom, husband and wife. Signed by Judge Neil V Wake on 11/10/10.(DMT)
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| Filing 54 Additional Attachments to Main Document re #53 MOTION for Extension of Time in Which to Serve Complaint Proposed Order Granting Extension by Plaintiff Avant-Garde LLC. (Titus, Jon) |
| Filing 53 MOTION for Extension of Time in Which to Serve Complaint by Avant-Garde LLC. (Attachments: #1 Exhibit Proof of Attempted Service on Defendants Rennert, #2 Exhibit Proof of Attempted Service on Defendants Forstrom)(Titus, Jon) |
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Filing 52
ORDER that Defendant Nolen Mendenhall's second motion to dismiss, styled a "Surreply to Plaintiff's Motion for Leave to File Amended Complaint (Seventh Claim for Relief Breach of Guaranty)" #51 , is DENIED. This denial is without prejudice to a procedurally proper motion raising the same argument. Signed by Judge Susan R Bolton on 11/9/10. (DMT)
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| Filing 51 Reply Nolen Mendenhall's Surreply to Plaintiff's Motion for Leave to File Amended Complaint (Seventh Claim for Relief - Breach of Guaranty) by Defendant Nolen Mendenhall. (Myles, Donald) |
| Filing 50 LODGED Proposed Default Judgment Against Defendant Daniel Byer re: #49 MOTION for Default Judgment as to Daniel Byer Amended. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 49 MOTION for Default Judgment as to Daniel Byer Amended by Avant-Garde LLC. (Attachments: #1 Affidavit of James R. Schweikert, #2 Text of Proposed Order Default Judgment)(Titus, Jon) |
| Filing 48 LODGED Proposed Default Judgment Against Mountain Spa Properties, LLC re: #47 MOTION for Default Judgment as to Mountain Spa Properties, LLC Amended. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 47 MOTION for Default Judgment as to Mountain Spa Properties, LLC Amended by Avant-Garde LLC. (Attachments: #1 Affidavit Affidavit of James R. Schweikert, #2 Text of Proposed Order Proposed Default Judgment)(Titus, Jon) |
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Filing 46
ORDER that Defendant Nolen Mendenhall's Motion to Dismiss #31 is GRANTED with respect to Plaintiff's first, second, third, fourth, fifth, and sixth claims, and DENIED in all other respects. That Plaintiff's Motion for Leave to File Amended Complaint If Necessary #33 is DENIED without prejudice to a subsequent motion. Signed by Judge John W Sedwick on 11/2/10.(DMT)
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Filing 45
ORDER, Defendant Nolen Mendenhall may, if desired, file a Surreply to Plaintiff's alternative #33 MOTION to Amend by 11/8/10. Signed by Judge Neil V Wake on 10/25/10. (REW)
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Filing 44
ORDER denying without prejudice #39 Motion for Default Judgment against Mountain Spa and #41 Motion for Default Judgment D. Byer. Signed by Judge David G Campbell on 10/20/10.(DMT)
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| Filing 43 REPLY to Response to Motion re #33 MOTION to Amend/Correct filed by Avant-Garde LLC. (Attachments: #1 Exhibit [proposed] Amended Complaint, #2 Exhibit A to [proposed] Amended Complaint)(Titus, Jon) |
| Filing 42 LODGED Proposed Default Judgment Against Defendant Daniel Byer re: #41 MOTION for Default Judgment as to Daniel Byer. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 41 MOTION for Default Judgment as to Daniel Byer by Avant-Garde LLC. (Attachments: #1 Proposed Default Judgment)(Titus, Jon) |
| Filing 40 LODGED Proposed Default Judgment Against Defendant Mountain Spa Properties, LLC re: #39 MOTION for Default Judgment as to Mountain Spa Properties, LLC. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 39 MOTION for Default Judgment as to Mountain Spa Properties, LLC by Avant-Garde LLC. (Attachments: #1 Default Judgment)(Titus, Jon) |
| Filing 38 RESPONSE in Opposition re #33 MOTION to Amend/Correct for Leave to File Amended Complaint filed by Nolen Mendenhall. (Attachments: #1 Exhibit)(Myles, Donald) |
| Filing 37 REPLY to Response to Motion re #31 MOTION to Dismiss for lack of Jurisdiction filed by Nolen Mendenhall. (Attachments: #1 Exhibit)(Myles, Donald) Modified on 10/8/2010 (DMT). DOCUMENT linkage corrected. |
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Filing 36
ORDER denying #34 Defendant N. Mendenhall's Motion for Leave to File Excess Pages. Signed by Judge Neil V Wake on 10/6/10.(DMT)
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| Filing 35 LODGED PROPOSED DOCUMENT re #34 Motion for Leave to File Excess Pages re REPLY to Response to Motion re #33 MOTION to Amend/Correct, #31 MOTION to Dismiss for Lack of Jurisdiction filed by Nolen Mendenhall. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. (Attachments: #1 Exhibit)(Myles, Donald) Modified on 10/6/2010 (LSP). CORRECTION to "Lodged Proposed Document". |
| Filing 34 MOTION for Leave to File Excess Pages for Nolen Mendenhall's Reply in Support of Motion to Dismiss and In Opposition to Plaintiff's Motion for Leave to File Amended Complaint by Nolen Mendenhall. (Attachments: #1 Text of Proposed Order)(Myles, Donald) |
| Filing 33 RESPONSE to Motion re #31 MOTION to Dismiss for Lack of Jurisdiction and Motion for Leave to File Amended Complaint if Necessary filed by Avant-Garde LLC. (Titus, Jon) Modified on 9/28/2010 (DMT).DOCUMENT now lists motion as correct event. |
| Filing 32 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 31 MOTION to Dismiss for Lack of Jurisdiction by Nolen Mendenhall. (Attachments: #1 Text of Proposed Order)(Myles, Donald) |
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Filing 30
ORDER pursuant to General Order 05-25 granting #29 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 29 MOTION for Admission Pro Hac Vice as to attorney Glenn C Hanni on behalf of Nolen Mendenhall. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX10997 as to Glenn C Hanni. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 28
ORDER granting #9 Stipulation For Extension of Time To Answer Complaint : Nolen Mendenhall answer due 9/10/2010. Signed by Judge Neil V Wake on 9/3/10. (DMT)
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| Filing 27 Minute Order Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Neil V. Wake. All further pleadings/papers should now list the following COMPLETE case number: CV 10-1499-PHX-NVW. FURTHER ORDERED that the Order to Show Cause Hearings scheduled for September 27, 2010, are hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 26 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 25 AMENDED Ordered that Nolen Mendenhall show cause for failure to comply with LRCiv 3.8(a) before Judge Mary H Murguia. Show Cause Hearing set for 9/27/2010 04:00 PM before Judge Mary H Murguia. (Attachments: #1 Instructions, #2 Consent Form)(MAP) |
| Filing 24 AMENDED Ordered that Rebecca R Mendenhall show cause for failure to comply with LRCiv 3.8(a) before Judge Mary H Murguia. Show Cause Hearing set for 9/27/2010 04:00 PM before Judge Mary H Murguia. (Attachments: #1 Instructions, #2 Consetn Form)(MAP) |
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Filing 23
Ordered that Nolen Mendenhall show cause for failure to comply with LRCiv 3.8(a) before Judge Mary H Murguia. Show Cause Hearing set for 9/27/2010 04:00 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge Mary H Murguia. (Attachments: #1 Instructions, #2 Consent Forms)(MAP)
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Filing 22
Ordered that Rebecca R Mendenhall show cause for failure to comply with LRCiv 3.8(a) before Judge Mary H Murguia. Show Cause Hearing set for 9/27/2010 04:00 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge Mary H Murguia. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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| Filing 21 Clerk's ENTRY OF DEFAULT Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon application by the Plaintiff, default is hereby entered against Defendants Daniel Byer and Jane Doe Byer.(ESL) |
| Filing 20 Clerk's ENTRY OF DEFAULT Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon application by the Plaintiff, default is hereby entered against Defendant Mountain Spa Properties, LLC.(ESL) |
| Filing 19 APPLICATION for Entry of Default by Plaintiff Avant-Garde LLC against Daniel and Jane Doe Byer, husband and wife. (Attachments: #1 Affidavit of Default)(Titus, Jon) |
| Filing 18 APPLICATION for Entry of Default by Plaintiff Avant-Garde LLC against Mountain Spa Properties, LLC. (Attachments: #1 Affidavit of Default)(Titus, Jon) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Mountain Spa Properties, LLC on 07/22/2010, filed by Avant-Garde LLC. (Titus, Jon) Modified on 8/16/2010 (DMT). DOCUMENT does not contain case caption. |
| Filing 16 AFFIDAVIT of Service for Summons and Complaint served on Jane Doe Byer on 07/26/2010, filed by Avant-Garde LLC. (Titus, Jon) Modified on 8/16/2010 (DMT). DOCUMENT does not contain case caption. |
| Filing 15 AFFIDAVIT of Service for Summons and Complaint Replacement Affidavit served on Daniel Byer on 07/26/2010, filed by Avant-Garde LLC. (Titus, Jon) Modified on 8/16/2010 (DMT). DOCUMENT does not contain case caption. |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint served on Beck Locey on 07/22/2010, filed by Avant-Garde LLC. (Titus, Jon) Modified on 8/16/2010 (DMT). DOCUMENT does not contain case caption. |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint served on Jane Doe Locey on 07/22/2010, filed by Avant-Garde LLC. (Titus, Jon) Modified on 8/16/2010 (DMT). DOCUMENT does not contain case caption. |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Nolan Mendenhall on 07/22/2010, filed by Avant-Garde LLC. (Titus, Jon) Modified on 8/16/2010 (DMT). DOCUMENT does not contain case caption. |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on Rebecca R. Mendenhall on 07/22/2010, filed by Avant-Garde LLC. (Titus, Jon) Modified on 8/16/2010 (DMT). DOCUMENT does not contain case caption. |
| Filing 10 ERRATA re #9 Stipulation For Extension of Time To Answer Complaint by Defendant Nolen Mendenhall. (Myles, Donald) |
| Filing 9 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Nolen Mendenhall. (Attachments: #1 Text of Proposed Order)(Myles, Donald) |
| Filing 8 ANSWER to #1 Complaint, by Rebecca R Mendenhall.(DMT) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Daniel Byer on July 26, 2010, filed by Avant-Garde LLC. (Titus, Jon) |
| Filing 6 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 5 Summons Issued as to Richard H Bloomfield, Unknown Bloomfield, Bloomfield CFO PLLC, Daniel Byer, Unknown Byer, Timothy R Forstrom, Unknown Forstrom, Beck Locey, Unknown Locey, Nolen Mendenhall, Rebecca R Mendenhall, Mountain Spa Properties LLC, Aaron T Rennert, Unknown Rennert. (Attachments: #1 Beck Locey, #2 Bloomfield CFO PLLC, #3 Daniel Byer, #4 Mountain Spa Properties LLC, #5 Nolen Mendenhall, #6 Rebecca Mendenhall, #7 Richard H Bloomfield, #8 Timothy R Forstrom, #9 Unknown Bloomfield, #10 Unknown Byer, #11 Unknown Forstrom, #12 Unknown Locey, #13 Unknown Rennert)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 Magistrate Election Form Deadline (Attachments: #1 Instructions)(BAS) |
| Filing 3 This case has been assigned to the Honorable Edward C. Voss. All future pleadings or documents should bear the correct case number: CV 10-1499-PHX-ECV. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 2 Corporate Disclosure Statement by Avant-Garde LLC. (Titus, Jon) |
| Filing 1 COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-4126740, filed by Avant-Garde LLC. (Attachments: #1 Exhibit Promissory Note, #2 Civil Cover Sheet, #3 Summons Richard H Bloomfield, #4 Summons Jane Doe Bloomfield, #5 Summons Bloomfield CFO, PLLC, #6 Summons Rebecca R Mendenhall, #7 Summons Nolen Mendenhall, #8 Summons Daniel Byer, #9 Summons Jane Doe Byer, #10 Summons Aaron T Rennert, #11 Summons Jane Doe Rennert, #12 Summons Timothy R Forstrom, #13 Summons Jane Doe Forstrom, #14 Summons Beck Locey, #15 Summons Jane Doe Locey, #16 Summons Mountain Spa Properties, LLC)(Titus, Jon) |
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