Rindlisbacher et al v. Steinway & Sons Incorporated
| Kevin H Rindlisbacher, Jami L Rindlisbacher and Piano Showroom of Arizona Incorporated |
| Steinway Incorporated |
| 2:2018cv01131 |
| April 12, 2018 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| John J Tuchi |
| Other Fraud |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
296
ORDER granting Plaintiffs' Motion for Expedited Review (Doc. 295 ). IT IS FURTHER ORDERED denying Plaintiffs' Motion for Determination of Bond Amount and Type under Rule 62(b) (Doc. 294 ). If Plaintiffs determine a bond is needed to stay Defendant's collection efforts, they shall provide security in the full amount of the attorneys' fees ordered by the Court. Signed by Judge Michael T Liburdi on 6/11/2021. (LFIG)
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Filing
293
ORDER denying Plaintiffs' Motion for Reconsideration of Order on Attorneys' Fees (Doc. 289 ). IT IS FURTHER ORDERED denying Plaintiffs' Motion for Expedited Review of Motion for Reconsideration of Order on Attorneys' Fees (Doc . 290 ) as moot. IT IS FURTHER ORDERED denying Plaintiffs' Motion to Extend Time for Appeal of Order on Motion for Attorneys' Fees (Doc. 291 ). IT IS FINALLY ORDERED denying Plaintiffs' Motion for Expedited Review of Motion to Extend Appeal Time (Doc. 292 ) as moot. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 6/8/2021. (RMW)
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Filing
252
ORDER granting Steinway's Motion for Summary Judgment #1 (Liability) on the statute of limitations issue as to both of the Rindlisbachers' remaining claims and the duty to disclose issue as to the merits of the Rindlisbachers' const ructive fraud claim (part of Doc. 205 ). ORDERED denying the Rindlisbachers' Motion for Partial Summary Judgment on Constructive Fraud (Doc. 199 ). ORDERED granting Steinway's Motion for Summary Judgment # 2 (Damages) on the issues of causation and punitive damages (part of Doc. 207 ). ORDERED denying Steinway's Motion for Sanctions (Doc. 202 ). FURTHER ORDERED that the following motions are denied as moot and without prejudice: the Rindlisbachers' Motion for Partial Summary Judgment on Certain Defenses (Doc. 192 ); Steinway's Motion for Summary Judgment # 1 (Liability) as to the issue of detrimental reliance (part of Doc. 205 ); Steinway's Motion for Summary Judgment # 2 (Damages) on the issues o f benefit-of-the-bargain damages and mitigation (part of Doc. 207 ); the Rindlisbachers' Daubert Motion to Exclude Certain Proffered Testimony of David A. Schwickerath (Doc. 221 ); Steinway's Daubert Motion to Preclude Opinions of Davi d R. Perry (Doc. 223 ); and Steinway's Motion for Leave to Supplement Trial Exhibits (Doc. 242 ). FINALLY ORDERED that the Clerk of Court shall enter judgment in favor of Defendant Steinway, Inc. and against Plaintiffs Kevin and Jami Rindlisbacher and Piano Showroom of Arizona, Inc. The Clerk of Court shall close this case. Signed by Judge Michael T Liburdi on 10/30/20. (EJA)
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Filing
246
ORDER that Plaintiffs and Defendant may each file a supplemental brief on the topics raised in the Reply (Doc. 227 ) and discussed herein, not to exceed 12 pages. Defendant's brief is due by 8/7/2020. Plaintiffs' brief is due by 8/14/2020. The parties should not expect any extensions of these deadlines. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 7/31/2020. (RMW)
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Filing
197
ORDER denying Joint Motion to Seal (Doc. 179 ) and the Supplement to Joint Motion to File Under Seal (Doc. 186 ). IT IS FURTHER ORDERED striking Docs. 183 , 184 , 185 , which contained the redactions. IT IS FURTHER ORDERED pursuant to LRCiv 5.6( e) that the lodged documents at Docs. 180 , 181 shall not be filed and the Court will not consider them. IT IS FURTHER ORDERED pursuant to LRCiv 5.6(e) that Plaintiffs may, within five (5) days from the entry of this order, resubmit a Motion for P artial Summary Judgment on Constructive Fraud and Separate Statement of Facts Supporting Plaintiffs' Motion for Partial Summary Judgment on Constructive Fraud, for filing in the public record. See attached order for additional information. Signed by Judge Michael T. Liburdi on 3/11/2020. (RMW)
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Filing
113
ORDER: IT IS THEREFORE ORDERED granting Plaintiffs' Motion for Reconsideration (Doc. 75 ). IT IS FURTHER ORDERED denying as moot Defendant's Motion for Reconsideration (Doc. 102 ). IT IS FURTHER ORDERED denying as moot Defendant's Motion to Expedite Consideration of Motion for Leave to File Counterclaims (Doc. 94 ) [see attached Order for details]. Signed by Judge John J Tuchi on 8/9/19. (MAW)
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Filing
101
ORDER: IT IS THEREFORE ORDERED granting Plaintiffs' Motion for Reconsideration (Doc. 75 ). The Court vacates the portion of its May 1, 2019 Order on Defendant's Motion to Dismiss (Doc. 74 ) pertaining to Plaintiffs' Count II for fr audulent representations and omissions. Count II, premised on Defendant's alleged nondisclosure, may proceed along with Plaintiffs' other surviving claims. IT IS FURTHER ORDERED denying Defendant's Motion for Leave to File Counterclaims (Doc. 81 ). IT IS FURTHER ORDERED denying as moot Defendant's Motion to Expedite Consideration of Motion for Leave to File Counterclaims (Doc. 94 ). (See attached Order). Signed by Judge John J Tuchi on 7/17/19. (JAMA)
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Filing
74
ORDER granting in part and denying in part Defendant's Motion to Dismiss Plaintiffs' Amended Complaint (Doc. 26 ). Count Two for Fraudulent Representations and Omissions is dismissed. Defendant's Motion is denied as to Count One for Nondisclosure/Constructive Fraud. FURTHER ORDERED granting Defendant's Motion to Dismiss Counts/Claims: Breach of Contract (Doc. 52 ), and Count Three is dismissed. FURTHER ORDERED granting Plaintiffs' Consent Motion to Amend/Correct Complaint (Doc. 47 ). Signed by Judge John J Tuchi on 5/1/19. (SJF)
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Filing
35
ORDER denying 30 Motion to Stay Discovery and Postpone Scheduling Conference Pending Resolution of Motion to Dismiss. Denying as moot 32 Motion to Expedite Consideration of its Motion to Stay. Signed by Judge John J Tuchi on 6/27/18. (DXD)
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