Berkadia Real Estate Advisors LLC v. Wadlund et al
Plaintiff: Berkadia Real Estate Advisors LLC
Defendant: Arthur R Wadlund, Unknown Wadlund and Clint Wadlund
Case Number: 4:2022cv00049
Filed: January 31, 2022
Court: US District Court for the District of Arizona
Presiding Judge: John C Hinderaker
Referring Judge: Cindy K Jorgenson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2023 Opinion or Order Filing 230 ORDER pursuant to #229 Stipulation : Plaintiff's Response to Defendants' Motion for Summary Judgment: November 21, 2023; Defendants' Response to Plaintiff's Motion for Partial Summary Judgment: December 15, 2023; Defendants' Reply in Support of Motion for Summary Judgment: December 26, 2023; Plaintiff's Reply in Support of Motion for Partial Summary Judgment: January 5, 2024. Signed by Senior Judge Cindy K Jorgenson on 11/17/2023. (MCO)
November 13, 2023 Opinion or Order Filing 229 STIPULATION [STIPULATED MOTION TO SET REMAINING DEADLINES REGARDING MOTIONS FOR SUMMARY JUDGMENT] by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
November 8, 2023 Opinion or Order Filing 228 Sealed Document: Statement of Facts re #227 MOTION for Partial Summary Judgment by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1a, #3 Exhibit 1b-8, #4 Exhibit 9-12, #5 Exhibit 13, #6 Exhibit 14-17, #7 Exhibit 18-22a, #8 Exhibit 22b, #9 Exhibit 22c-23, #10 Exhibit 24-30, #11 Exhibit 31-32, #12 Exhibit 33-34, #13 Exhibit 35-36, #14 Exhibit 37a, #15 Exhibit 37b, #16 Exhibit 37c-41a, #17 Exhibit 41b-43, #18 Exhibit 44a, #19 Exhibit 44b, #20 Exhibit 45-67, #21 Exhibit 68-80, #22 Exhibit 81-86, #23 Exhibit 87-90, #24 Exhibit 91-95, #25 Exhibit 96-101)(KAH)
November 8, 2023 Opinion or Order Filing 227 SEALED MOTION for Partial Summary Judgment by Berkadia Real Estate Advisors LLC. (KAH)
November 8, 2023 Opinion or Order Filing 226 MOTION for Partial Summary Judgment by Berkadia Real Estate Advisors LLC. (KAH)
November 8, 2023 Opinion or Order Filing 225 ORDER granting #219 Motion for Leave to File Excess Pages for Motion for Partial Summary Judgment and granting #222 Motion to Seal Document. Signed by Senior Judge Cindy K Jorgenson on 11/7/23. (KAH)
October 30, 2023 Opinion or Order Filing 224 FILED at (Doc. #228 ) SEALED LODGED Proposed Statement of Facts re: #222 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1a, #3 Exhibit 1b-8, #4 Exhibit 9-12, #5 Exhibit 13, #6 Exhibit 14-17, #7 Exhibit 18-22a, #8 Exhibit 22b, #9 Exhibit 22c-23, #10 Exhibit 24-30, #11 Exhibit 31-32, #12 Exhibit 33-34, #13 Exhibit 35-36, #14 Exhibit 37a, #15 Exhibit 37b, #16 Exhibit 37c-41a, #17 Exhibit 41b-43, #18 Exhibit 44a, #19 Exhibit 44b, #20 Exhibit 45-67, #21 Exhibit 68-80, #22 Exhibit 81-86, #23 Exhibit 87-90, #24 Exhibit 91-95, #25 Exhibit 96-101)(Quincy, Stephanie) Modified on 11/8/2023 (KAH).
October 30, 2023 Opinion or Order Filing 223 FILED at (Doc. #227 ) SEALED LODGED Proposed Motion for Partial Summary Judgment re: #222 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) Modified on 11/8/2023 (KAH).
October 30, 2023 Opinion or Order Filing 222 MOTION to Seal Document by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
October 30, 2023 Opinion or Order Filing 221 STATEMENT OF FACTS re: #220 Lodged Proposed Document, by Plaintiff Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1a, #3 Exhibit 1b, #4 Exhibit 1c, #5 Exhibit 2, #6 Exhibit 3-5, #7 Exhibit 6-10, #8 Exhibit 11-17, #9 Exhibit 18-20, #10 Exhibit 21-22a, #11 Exhibit 22b, #12 Exhibit 22c, #13 Exhibit 23, #14 Exhibit 24-30, #15 Exhibit 31-32, #16 Exhibit 33-37, #17 Exhibit 38, #18 Exhibit 39a, #19 Exhibit 39b-40, #20 Exhibit 41-70, #21 Exhibit 71-90, #22 Exhibit 91-101)(Quincy, Stephanie)
October 30, 2023 Opinion or Order Filing 220 FILED at (Doc. #226 ) LODGED Proposed Motion for Partial Summary Judgment re: #219 MOTION for Leave to File Excess Pages for Motion for Partial Summary Judgment . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) Modified on 11/8/2023 (KAH).
October 30, 2023 Opinion or Order Filing 219 MOTION for Leave to File Excess Pages for Motion for Partial Summary Judgment by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
October 24, 2023 Opinion or Order Filing 218 *RESPONSE in Opposition re: #211 MOTION for Reconsideration re: #201 Order on Motion for Sanctions, Order on Motion for Hearing, PLAINTIFFS RENEWED MOTION FOR RECONSIDERATION AND CLARIFICATION OF COURTS ORDER REGARDING ITS MOTION FOR SANCTIONS filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel) *Modified to correct docket text on 10/24/2023 (MCO).
October 17, 2023 Opinion or Order Filing 217 STATEMENT OF FACTS re: #216 MOTION for Summary Judgment by Counter Claimants Arthur R Wadlund, Clint Wadlund, Defendants Arthur R Wadlund, Clint Wadlund. (Herz, Joel) (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit/Declaration)(MCO)
October 17, 2023 Opinion or Order Filing 216 DEFENDANTS ARTHUR R. WADLUND'S AND CLINT WADLUND'S MOTION FOR SUMMARY JUDGMENT by Arthur R Wadlund, Clint Wadlund. (Herz, Joel) (Attachments: #1 Proposed Order)(MCO)
October 17, 2023 Opinion or Order Filing 215 ORDER granting #213 Defendants/Counterclaimants Motion to Exceed the Page Limitation. Defendants/Counterclaimants are permitted to file one consolidated Motion for Summary Judgment, not to exceed 26 pages. IT IS FURTHER ORDERED the Clerk of Court shall docket the Lodged Motion for Summary Judgment (Doc. 214). Signed by Senior Judge Cindy K Jorgenson on 10/17/2023. (MCO)
October 17, 2023 Opinion or Order Filing 214 *Filed at doc. 216 and 217 - LODGED Proposed Motion for Summary Judgment re: #213 MOTION for Leave to File Excess Pages . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Statement of Undisputed Material Facts, #2 Affidavit of Arthur Wadlund, #3 Affidavit of Clint Wadlund, #4 Affidavit of Donald Hendricks, #5 Proposed Order)(Herz, Joel) Modified on 10/17/2023 (MCO).
October 17, 2023 Opinion or Order Filing 213 MOTION for Leave to File Excess Pages by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Proposed Order)(Herz, Joel)
October 10, 2023 Opinion or Order Filing 212 ORDER re: #211 MOTION for Reconsideration re: #201 that, pursuant to LRCiv. 7.2(g), Defendants shall file a responsive memorandum within fourteen days of the filing date of this Order. There shall be no reply. Signed by Senior Judge Cindy K Jorgenson on 10/6/2023. (MCO)
October 2, 2023 Opinion or Order Filing 211 MOTION for Reconsideration re: #201 Order on Motion for Sanctions,,,,,, Order on Motion for Hearing,,,,, PLAINTIFFS RENEWED MOTION FOR RECONSIDERATION AND CLARIFICATION OF COURTS ORDER REGARDING ITS MOTION FOR SANCTIONS by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Quincy, Stephanie)
September 29, 2023 Opinion or Order Filing 210 ORDER pursuant to the Notice (Doc. #209 ), Laura Luisi shall be removed as counsel and from receiving electronic Notice of Filing/CM ECF notifications in this matter for Plaintiff/Counter defendant Berkadia Real Estate Advisors LLC (Berkadia). Stephanie J. Quincy and Jorge Coss shall remain as counsel of record for Berkadia. Signed by Senior Judge Cindy K Jorgenson on 9/29/2023. (MCO)
September 22, 2023 Opinion or Order Filing 209 NOTICE re: of Withdrawal of Laura Luisi as Counsel for Plaintiff/Counterdefendant by Berkadia Real Estate Advisors LLC . (Quincy, Stephanie)
September 21, 2023 Opinion or Order Filing 208 ORDER that the Motion for Reconsideration (Doc. 200) is DENIED. (See attached Order for complete details) Signed by Senior Judge Cindy K Jorgenson on 9/21/2023. (MCO)
September 21, 2023 Opinion or Order Filing 207 ORDER: IT IS ORDERED, the #203 Motion to Consolidate Motions for Summary Judgment and Equal the Page Limitation for the Two Motions is GRANTED IN PART AND DENIED IN PART. Defendants/Counterclaimants shall file a consolidated dispositive motion. The request to file a dispositive motion exceeding the 14-page limit is DENIED without prejudice to being re-urged simultaneously with the filing of the dispositive motion. If any Response or Reply to the consolidated dispositive motion needs extra pages, any request to exceed the page limit shall be filed simultaneous with the over-length brief. Signed by Senior Judge Cindy K Jorgenson on 9/20/23. (BAC)
September 20, 2023 Opinion or Order Filing 206 NOTICE re: Compliance with Court's Order (ECF 201) by Arthur R Wadlund, Clint Wadlund re: #201 Order on Motion for Sanctions,,,,,, Order on Motion for Hearing,,,,, . (Herz, Joel)
September 20, 2023 Opinion or Order Filing 205 NOTICE re: Proof of Notice-Compliance with Court's Order Dated August 30, 2023 by Arthur R Wadlund, Clint Wadlund re: #197 Order on Motion to Compel,,,,,,,,,, Order on Motion for Extension of Time,,,,,,,,,,,,,, . (Herz, Joel)
September 20, 2023 Opinion or Order Filing 204 RESPONSE to Motion re: #203 MOTION to Consolidate Motions for Summary Judgment and Equal the Page Limitation for the Two Motions Combined filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit A)(Quincy, Stephanie)
September 18, 2023 Opinion or Order Filing 203 MOTION to Consolidate Motions for Summary Judgment and Equal the Page Limitation for the Two Motions Combined by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Proposed Order)(Herz, Joel)
September 14, 2023 Opinion or Order Filing 202 Sealed Document: In Camera Review of Joint Defense Agreement evidence and A Wadlund 2012 Tax Return by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 A. Wadlund 2012 Tax Return)(DLC)
September 14, 2023 Opinion or Order Filing 201 ORDER the Motion for Sanctions (Doc. #190 ) is DENIED. Within 7 days of the filing date of this Order, the Defendants, IPA, Hartley, and their attorneys shall conduct a coordinated and thorough search to locate the lost hard drive and file a notice with the Court of the search efforts undertaken by them and the results. After in camera review of A. Wadlund's 2012 tax return, the Court confirms that he did not claim the proceeds from the phantom stock sale as a capital gain. IT IS FURTHER ORDERED that the Clerk of the Court shall file the documents reviewed by the Court in camera UNDER SEAL. The Motion for Telephonic Status Conference (Doc. #198 ) is DENIED; the Court clarifies that dispositive motions are due 30 days after the close of discovery, which ends for all discovery as of September 30, 2023, unless additional discovery is required to redress the lost hard drive. There is no limit on the number of dispositive motions a party may file but the Court requires the parties to be cognitive of conserving judicial resources by not presenting repetitive arguments in multiple briefs or splitting up issues that are better combined in one brief. Signed by Senior Judge Cindy K Jorgenson on 9/14/2023. (Please see attached Order for complete details) (DLC)
September 13, 2023 Opinion or Order Filing 200 *MOTION for Reconsideration of Order #152 re: Motion to Compel Production of Defendant Arthur R. Wadlund's Tax Returns by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie) *Modified to add linkage on 9/15/2023 (JAM).
September 6, 2023 Opinion or Order Filing 199 NOTICE re: -Compliance with Court's Order (ECF 197) - Evidence Submitted for In Camera Review by Arthur R Wadlund, Clint Wadlund . (Herz, Joel)
August 31, 2023 Opinion or Order Filing 198 *MOTION for Telephonic Status Conference by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie) *Modified to correct motion type on 9/1/2023 (MYE).
August 30, 2023 Opinion or Order Filing 197 ORDER the Motion to Compel (Docs. #152 (Redacted), 164 (Sealed)) is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that within seven days of the filing date of this Order, Defendants shall file in camera any evidence beyond that submitted in opposition to the Motion to Compel to establish the January 12, 2023, effective date of the Joint Defense Agreement. The Motion to Compel Defendant A. Wadlund's 2012 Tax Return (Docs. #181 (Redacted), 185 (Sealed)) is DENIED AS MOOT. IT IS FURTHER ORDERED that within seven days of the filing date of this Order, A. Wadlund shall produce the admission and file the tax return in camera with the Court. The Motion to Extend Discovery (Docs. #152 (Redacted), 164 (Sealed)) is GRANTED for 30 days from the filing date of this Order. IT FURTHER ORDERED that in the future in this case, "certification" shall mean accompanying documentation of all proposed meetings for conferences up through the actually held meeting, telephonic or in-person, between the parties. Signed by Senior Judge Cindy K Jorgenson on 8/29/2023. (See attached PDF for complete details) (DLC)
August 29, 2023 Opinion or Order Filing 196 ORDER granting #193 Motion for Extension of Time to File Reply supporting #190 MOTION for Sanctions to: August 25, 2023. Ordered by Senior Judge Cindy K Jorgenson. (GB) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
August 28, 2023 Opinion or Order Filing 195 STATUS REPORT (JOINT SETTLEMENT STATUS REPORT) by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
August 25, 2023 Opinion or Order Filing 194 REPLY to Response to Motion re: #190 MOTION for Sanctions filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
August 18, 2023 Opinion or Order Filing 193 MOTION for Extension of Time to File Response/Reply as to #190 MOTION for Sanctions by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Quincy, Stephanie)
August 11, 2023 Opinion or Order Filing 192 *NON-PARTIES MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES, INC. AND LISA RINGO HARTLEY'S RESPONSE TO PLAINTIFF'S MOTION FOR SANCTIONS - RESPONSE to Motion re: #190 MOTION for Sanctions filed by Marcus & Millichap Real Estate Investment Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Garles, Cesilie) *Modified to have docket text title reflect document title on 8/15/2023 (MCO).
August 11, 2023 Opinion or Order Filing 191 *DEFENDANTS ARTHUR R. WADLUND AND CLINT WADLUND'S OPPOSITION TO PLAINTIFF BERKADIA REAL ESTATE ADVISORS LLC'S MOTION FOR SANCTIONS - RESPONSE in Opposition re: #190 MOTION for Sanctions filed by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Declaration of Arthur Wadlund, #2 Declaration of Clint Wadlund)(Herz, Joel) *Modified to have docket text title reflect document title on 8/15/2023 (MCO).
July 28, 2023 Opinion or Order Filing 190 MOTION for Sanctions by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-7, #2 Exhibit 8-14, #3 Exhibit 15, Part 1, #4 Exhibit 15, Part 2 - Exhibit 21, #5 Proposed Order)(Quincy, Stephanie)
July 17, 2023 Opinion or Order Filing 189 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
July 13, 2023 Opinion or Order Filing 188 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 20, 2023 Opinion or Order Filing 187 REPLY to Response to Motion re: #152 MOTION to Compel Discovery and to Extend Case Deadlines (Supplemental Reply) filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1)(Quincy, Stephanie)
June 18, 2023 Opinion or Order Filing 186 RESPONSE in Opposition re: #181 MOTION to Compel PRODUCTION OF DEFENDANT ARTHUR R. WADLUNDS 2012 TAX RETURNS , #185 SEALED MOTION to Compel filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
June 16, 2023 Opinion or Order Filing 185 SEALED MOTION to Compel Production of Defendant Arthur W. Wadlund's 2012 Tax Returns by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-5) (KAH)
June 16, 2023 Opinion or Order Filing 184 ORDER granting #182 MOTION to Seal Document #181 MOTION to Compel PRODUCTION OF DEFENDANT ARTHUR R. WADLUNDS 2012 TAX RETURNS. It is further ordered that Defendant A. Wadlund shall have 48 hours from the filing date of this Order to file a Response to the Motion to Compel. There shall be no Reply. Signed by Senior Judge Cindy K Jorgenson on 6/16/23. (KAH)
June 15, 2023 Opinion or Order Filing 183 FILED at (Doc. #185 ) SEALED LODGED Proposed Unredacted Motion to Compel Production of Defendant Arthur W. Wadlund's 2012 Tax Returns and Exhibits Thereto re: #182 MOTION to Seal Document #181 MOTION to Compel PRODUCTION OF DEFENDANT ARTHUR R. WADLUNDS 2012 TAX RETURNS . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-5) (Quincy, Stephanie) Modified on 6/16/2023 (KAH).
June 15, 2023 Opinion or Order Filing 182 MOTION to Seal Document #181 MOTION to Compel PRODUCTION OF DEFENDANT ARTHUR R. WADLUNDS 2012 TAX RETURNS by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
June 15, 2023 Opinion or Order Filing 181 MOTION to Compel PRODUCTION OF DEFENDANT ARTHUR R. WADLUNDS 2012 TAX RETURNS by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-5, #2 Proposed Order)(Quincy, Stephanie)
June 14, 2023 Opinion or Order Filing 180 RESPONSE in Opposition re: #152 MOTION to Compel Discovery and to Extend Case Deadlines , #164 SEALED MOTION to Compel SEALED MOTION for Extension of Time (Updated Response) filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
June 13, 2023 Opinion or Order Filing 179 ORDER that the Motion to Withdraw the Motion to Quash (Doc. #170 ) is GRANTED. IT IS FURTHER ORDERED that the Motion to Quash Doc. #159 is withdrawn and no further action shall be taken by the Court on such Motion. Signed by Senior Judge Cindy K Jorgenson on 6/13/2023. (MCO)
June 8, 2023 Opinion or Order Filing 178 PLAINTIFF'S REPLY IN SUPPORT OF re: #164 SEALED MOTION to Compel Discovery and To Extend Case Deadlines by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1)(DLC)
June 8, 2023 Opinion or Order Filing 177 ORDER granting #172 MOTION to Seal Document (Motion to File Unredacted Reply In Support of Motion to Compel Discovery and to Extend Case Deadlines Under Seal). IT IS FURTHER ORDERED that the Clerk of the Court shall file the Reply UNDER SEAL. Signed by Senior Judge Cindy K Jorgenson on 6/7/2023. (DLC)
June 7, 2023 Opinion or Order Filing 176 Second AMENDED NOTICE of Deposition of Marcus & Millichap, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 7, 2023 Opinion or Order Filing 175 AMENDED NOTICE of Deposition of Marcus & Millichap, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 6, 2023 Opinion or Order Filing 174 ORDER granting #168 Motion for Extension of Time to supplement its Motion to Quash. IT IS FURTHER ORDERED that the time for Marcus & Millichap to supplement the Motion to Quash is extended up to and including June 5, 2023. Signed by Senior Judge Cindy K Jorgenson on 6/6/2023. (MCO)
June 5, 2023 Opinion or Order Filing 173 FILED AT DOC. #178 PURSUANT TO ORDER DOC. #177 ----SEALED LODGED Proposed Plaintiff's Reply In Support of Its Motion to Compel Discovery and to Extend Case Deadlines With Exhibits re: #172 MOTION to Seal Document (Motion to File Unredacted Reply In Support of Motion to Compel Discovery and to Extend Case Deadlines Under Seal). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-12)(Quincy, Stephanie) Modified on 6/8/2023 (DLC).
June 5, 2023 Opinion or Order Filing 172 MOTION to Seal Document (Motion to File Unredacted Reply In Support of Motion to Compel Discovery and to Extend Case Deadlines Under Seal) by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
June 5, 2023 Opinion or Order Filing 171 REPLY to Response to Motion re: #152 MOTION to Compel Discovery and to Extend Case Deadlines filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-12)(Quincy, Stephanie)
June 5, 2023 Opinion or Order Filing 170 MOTION to Withdraw #159 MOTION to Quash Plaintiff Subpoena for deposition of Marcus & Millichap by Marcus & Millichap Real Estate Investment Services, Inc.. (Attachments: #1 Proposed Order)(Garles, Cesilie)
June 1, 2023 Opinion or Order Filing 169 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
May 31, 2023 Opinion or Order Filing 168 *MOTION for Extension of Time to supplement its Motion to Quash by Marcus & Millichap Real Estate Investment Services, Inc.. (Attachments: #1 Proposed Order)(Garles, Cesilie) *Modified to correct docket text and to add linkage to #159 on 6/1/2023 (MCO).
May 31, 2023 Opinion or Order Filing 167 ORDER that the Motion to Withdraw Motion for Protective Order and Motion to File Under Seal (Doc. #162 ) is GRANTED. IT IS FURTHER ORDERED that Non-Parties Steven Gebing and Hamid Panahi's Motion for Protective Order Doc. #155 and Motion to File Under Seal Doc. #156 are withdrawn and no further action shall be taken by the Court on such motion. Signed by Senior Judge Cindy K Jorgenson on 5/31/2023. (MCO)
May 29, 2023 Opinion or Order Filing 166 RESPONSE in Opposition re: #152 MOTION to Compel Discovery and to Extend Case Deadlines filed by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Exhibit 1 - Responses to Supplemental Requests to Admit and Non-Uniform Interrogatories, #2 Exhibit 2 - Excerpts from Keith Misner's Deposition, #3 Exhibit 3 - Bank Statements, #4 Exhibit 4 - Declaration of Arthur Wadlund, #5 Exhibit 5 - Declaration of Brian M. Chase, Esq., #6 Exhibit 6 - Declaration of Clint Wadlund, #7 Exhibit 7 - Wadlunds Response to Berkadia's Second Supplemental Document Requests, #8 Exhibit 8 - Counsel for Wadlunds' April 28, 2023 Email)(Herz, Joel)
May 25, 2023 Opinion or Order Filing 165 Sealed Document: Deposition Transcript re: #155 Motion for Protective Order by Marcus & Millichap Real Estate Investment Services, Inc.. (KAH)
May 25, 2023 Opinion or Order Filing 164 SEALED MOTION to Compel Discovery and To Extend Case Deadlines by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-4, #2 Exhibit 4b, #3 Exhibit 5-11, #4 Exhibit 12-33, #5 Exhibit 34, #6 Exhibit 35-52) (KAH)
May 25, 2023 Opinion or Order Filing 163 ORDER: the Motion for Expedited briefing for the Motion to Compel (Doc. 158) is DENIED, and Motion to Extend the Case Deadlines (Doc. 158) is GRANTED, with new case management deadlines to be reset when the Court rules on the pending discovery motions. Within 7 days of the filing date of this Order, the Nonparties Gebing and Panahi shall withdraw the Motion for Protective Order. Within 7 days of the filing date of this Order, the Nonparty shall withdraw the Motion to Quash (Doc. 159) or supplement it. The Motion to Seal the Motion to Compel (Doc. 153) is GRANTED. The Motion to Seal the Motion for Protective Order (Deposition Transcript) (Doc. 156) is GRANTED. Signed by Senior Judge Cindy K Jorgenson on 5/24/23.(See attached PDF for complete information.) (KAH)
May 24, 2023 Opinion or Order Filing 162 MOTION to Withdraw #156 MOTION to Seal Document , #155 MOTION for Protective Order by Marcus & Millichap Real Estate Investment Services, Inc.. (Attachments: #1 Proposed Order)(Garles, Cesilie)
May 23, 2023 Opinion or Order Filing 161 First AMENDED NOTICE of Deposition of Ryan Sarbinoff, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
May 19, 2023 Opinion or Order Filing 160 STATUS REPORT Joint Settlement Status Report by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
May 19, 2023 Opinion or Order Filing 159 *WITHDRAWN at Doc. #179 MOTION to Quash Plaintiff Subpoena for deposition of Marcus & Millichap by Marcus & Millichap Real Estate Investment Services, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Proposed Order) (Garles, Cesilie) *Modified on 6/13/2023 (MCO).
May 17, 2023 Opinion or Order Filing 158 *MOTION to Expedite BRIEFING ON MOTION TO COMPEL DISCOVERY AND TO EXTEND CASE DEADLINES by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie) *Modified to add linkage to #152 on 5/19/2023 (MCO).
May 17, 2023 Opinion or Order Filing 157 FILED at (Doc. #165 ) SEALED LODGED Proposed Deposition Transcript re: #156 MOTION to Seal Document , #155 MOTION for Protective Order . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Marcus & Millichap Real Estate Investment Services, Inc.. (Garles, Cesilie) Modified on 5/25/2023 (KAH).
May 17, 2023 Opinion or Order Filing 156 *WITHDRAWN at Doc. #167 - MOTION to Seal Document by Marcus & Millichap Real Estate Investment Services, Inc.. (Attachments: #1 Proposed Order)(Garles, Cesilie) *Modified on 5/31/2023 (MCO). *Modified to correct docket text on 6/1/2023 (MCO).
May 17, 2023 Opinion or Order Filing 155 *WITHDRAWN at Doc. #167 - MOTION for Protective Order by Marcus & Millichap Real Estate Investment Services, Inc.. (Attachments: #1 Exhibit, #2 Proposed Order)(Garles, Cesilie) *Modified on 5/31/2023 (MCO). *Modified to correct docket text on 6/1/2023 (MCO).
May 15, 2023 Opinion or Order Filing 154 FILED at (Doc. #164 ) SEALED LODGED Proposed Unredacted Motion to Compel Discovery and to Extend Deadlines, with Unredacted Exhibits re: #153 MOTION to Seal Document #152 MOTION to Compel Discovery and to Extend Case Deadlines . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-4, #2 Exhibit 4b, #3 Exhibit 5-11, #4 Exhibit 12-33, #5 Exhibit 34, #6 Exhibit 35-52)(Quincy, Stephanie) Modified on 5/25/2023 (KAH).
May 15, 2023 Opinion or Order Filing 153 MOTION to Seal Document #152 MOTION to Compel Discovery and to Extend Case Deadlines by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
May 15, 2023 Opinion or Order Filing 152 MOTION to Compel Discovery and to Extend Case Deadlines by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-33 (Redacted), #2 Exhibit 34-52 (Redacted), #3 Proposed Order)(Quincy, Stephanie)
May 15, 2023 Opinion or Order Filing 151 *NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Cesilie Jane Garles. (Garles, Cesilie) *Attorney Notified on 5/16/2023 to Update PACER. (MCO).
May 15, 2023 Opinion or Order Filing 150 NOTICE of Deposition of Marcus & Millichap, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
May 8, 2023 Opinion or Order Filing 149 NOTICE of Deposition of Ryan Sarbinoff, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
April 24, 2023 Opinion or Order Filing 148 NOTICE of Deposition of Steve Gebing, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
April 24, 2023 Opinion or Order Filing 147 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
April 24, 2023 Opinion or Order Filing 146 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
April 20, 2023 Opinion or Order Filing 145 NOTICE of Deposition of Arthur Wadlund and Clint Wadlund, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
March 30, 2023 Opinion or Order Filing 144 NOTICE of Deposition of Lisa Ringo Hartley, Krista Ying, and Hamid Panahi, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
March 10, 2023 Opinion or Order Filing 143 Fourth AMENDED NOTICE of Deposition of Don Hendricks, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
March 3, 2023 Opinion or Order Filing 142 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-5)(Quincy, Stephanie)
March 3, 2023 Opinion or Order Filing 141 SECOND AMENDED JOINT PROTECTIVE ORDER. Signed by Senior Judge Cindy K Jorgenson on 3/2/2023. (See attached Order for complete details) (MCO)
March 3, 2023 Opinion or Order Filing 140 ORDER granting #137 Second Motion for Protective Order. Signed by Senior Judge Cindy K Jorgenson on 3/2/2023. (See attached Order for complete details) (MCO)
March 2, 2023 Opinion or Order Filing 139 Third AMENDED NOTICE of Deposition of Don Hendricks, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
March 1, 2023 Opinion or Order Filing 138 Second AMENDED NOTICE of Deposition of Don Hendricks, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
March 1, 2023 Opinion or Order Filing 137 *SECOND MOTION for Protective Order by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit A - Proposed Second Amended Protective Order (redlined)) (Quincy, Stephanie) *Modified to correct docket text on 3/3/2023 (MCO).
February 21, 2023 Opinion or Order Filing 136 Sealed Document: Confidential Non-Party Subpoena Responses and Exhibits by Steve Gebing, Marcus & Millichap Real Estate Investment Services, Inc., Hamid Panahi, Lisa Ringo Hartley, Ryan Sarbinoff, Krista Ying. (Attachments: #1 Exhibit 2, #2 Exhibit 3-5, #3 Exhibit 6-9, #4 Exhibit 10-12, #5 Exhibit 13, #6 Exhibit 14-17, #7 Exhibit 18, #8 Exhibit 19-21, #9 Exhibit 22 part 1, #10 Exhibit 22 part 2, #11 Exhibit 22 part 3, #12 Exhibit 23 part1, #13 Exhibit 23 part 2, #14 Exhibit 23 part 3, #15 Exhibit 24, #16 Exhibit 25 part 1, #17 Exhibit 25 part 2, #18 Exhibit 25 part 3, #19 Exhibit 25 part 4, #20 Exhibit 25 part 5, #21 Exhibit 25 part 6, #22 Exhibit 26-28, #23 Exhibit 29-32)(DLC)
February 21, 2023 Opinion or Order Filing 135 ORDER: IT IS ORDERED that the motion to compel responses by Nonparties to Subpoenas, issued September 2022, (Doc. #120 ) is GRANTED IN PART AND DENIED IN PART, within 14 days of the filing date of this Order, the Plaintiff and Nonparties shall meet and confer for Plaintiff to identify and the Nonparties to concur regarding amendment, pursuant to this Order, of the document requests pending pursuant to the Subpoenas. IT IS FURTHER ORDERED that the request for attorney fees by the Nonparties is DENIED.IT IS FURTHER ORDERED that within 14 days of the filing date of this Order the Nonparties shall make modifications to the existing Amended Protective Order or draft a separate Protective Order to its satisfaction and provide the document to the Plaintiff for its consideration and to be filed in the case. IT IS FURTHER ORDERED Pursuant to entry of an order of protection for Nonparties' confidentiality and proprietary interests, the redacted documents shall be reviewed and redisclosed pursuant to the protective order, without redaction. All redactions or nondisclosures based on claims of privilege shall be accompanied by a Privilege Log. IT IS FURTHER ORDERED that the Nonparties shall have 30 days to produce the documents in response to the Subpoenas as amended in accordance with this Order, but not later than March 31, 2023. IT IS FURTHER ORDERED that at the request of the Plaintiff, the Nonparties shall, each through their attorney, tender 3 possible dates for their depositions to be held no later than May 31, 2023. IT IS FURTHER ORDERED that the Motion to Seal Proposed Confidential Nonparty Subpoena Responses and Exhibits (Doc. 121) is GRANTED, and the Clerk of the Court shall file the Document (lodged Doc. 122) UNDER SEAL. Signed by Senior Judge Cindy K Jorgenson on 2/17/2023. (DLC)
February 21, 2023 Opinion or Order Filing 134 AMENDED PROTECTIVE ORDER. Signed by Senior Judge Cindy K Jorgenson on 2/21/2023. (See attached Order for complete details) (MCO)
February 17, 2023 Opinion or Order Filing 133 ORDER that the Plaintiff's #95 Motion to Compel Discovery Re: RFPs, ROGs, and RFAs is DENIED, without prejudice. Defendants' #110 Motion to Compel Produce Rule 30(b)(6) Deponent; Provide Dates for Individual Depositions and Addresses is DENIED as moot. Plaintiff's #114 Motion to Compel Production of Joint Defense Agreements from Defendants is DENIED, without prejudice. IT IS FURTHER ORDERED that the case management deadlines are extended: Discovery shall end by June 1, 2023; Dispositive motions shall be filed on or before June 14, 2023. Counsel shall file a Joint Proposed Pretrial Order (Pretrial Statement) within thirty (30) days after resolution of the dispositive motions filed after the end of discovery. If no such motions are filed, a Joint Proposed Pretrial Order will be due on or before July 14, 2023. Signed by Senior Judge Cindy K Jorgenson on 2/17/23. (See attached Order for complete details) (JAM)
February 17, 2023 Opinion or Order Filing 132 REPORT of Settlement Talks/Discussions by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
February 9, 2023 Opinion or Order Filing 131 ORDER granting #123 Motion for Extension of Time to Complete Discovery, with deadline to be reset upon resolution of pending discovery motions. Ordered by Senior Judge Cindy K Jorgenson.(GB) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
February 3, 2023 Opinion or Order Filing 130 ORDER denying #96 Motion to Quash Subpoenas to Don Hendricks. (See attached Order for complete details) Signed by Senior Judge Cindy K Jorgenson on 2/3/2023. (MCO)
February 2, 2023 Opinion or Order Filing 129 REPLY to Response to Motion re: #120 MOTION to Compel NON-PARTY SUBPOENA RESPONSES FROM MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES, INC., RYAN SARBINOFF, HAMID PANAHI, STEVE GEBING, LISA RINGO HARTLEY, and KRISTA YING filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
February 2, 2023 Opinion or Order Filing 128 REPLY to Response to Motion re: #123 MOTION for Extension of Time to Complete Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
January 26, 2023 Opinion or Order Filing 127 RESPONSE in Opposition re: #120 MOTION to Compel NON-PARTY SUBPOENA RESPONSES FROM MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES, INC., RYAN SARBINOFF, HAMID PANAHI, STEVE GEBING, LISA RINGO HARTLEY, and KRISTA YING filed by Marcus & Millichap Real Estate Investment Services, Inc., Ryan Sarbinoff, Steve Gebing, Hamid Panahi, Lisa Ringo Hartley, Krista Ying. (Attachments: #1 Declaration of Cesilie J. Garles, Esq.)(Garles, Cesilie)
January 26, 2023 Opinion or Order Filing 126 RESPONSE in Opposition re: #123 MOTION for Extension of Time to Complete Discovery filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
January 23, 2023 Opinion or Order Filing 125 Third AMENDED NOTICE of Deposition of Arthur Wadlund and Clint Wadlund, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
January 18, 2023 Opinion or Order Filing 124 AMENDED NOTICE of Deposition of Arthur Wadlund and Clint Wadlund, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
January 12, 2023 Opinion or Order Filing 123 MOTION for Extension of Time to Complete Discovery by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-9, #2 Proposed Order)(Quincy, Stephanie)
January 12, 2023 Opinion or Order Filing 122 FILED AT DOC. #136 PURSUANT TO ORDER DOC. #135 ---SEALED LODGED Proposed Confidential Non-Party Subpoena Responses and Exhibits re: #121 MOTION to Seal Document #120 MOTION to Compel NON-PARTY SUBPOENA RESPONSES FROM MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES, INC., RYAN SARBINOFF, HAMID PANAHI, STEVE GEBING, LISA RINGO HARTLEY, and KRISTA YING . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 3-5, #3 Exhibit 6-9, #4 Exhibit 10-12, #5 Exhibit 13, #6 Exhibit 14-17, #7 Exhibit 18, #8 Exhibit 19-21, #9 Exhibit 22 PART 1, #10 Exhibit 22 PART 2, #11 Exhibit 22 PART 3, #12 Exhibit 23 PART 1, #13 Exhibit 23 PART 2, #14 Exhibit 23 PART 3, #15 Exhibit 24, #16 Exhibit 25 PART 1, #17 Exhibit 25 PART 2, #18 Exhibit 25 PART 3, #19 Exhibit 25 PART 4, #20 Exhibit 25 PART 5, #21 Exhibit 25 PART 6, #22 Exhibit 26-28, #23 Exhibit 29-32)(Quincy, Stephanie) Modified on 2/21/2023 (DLC).
January 12, 2023 Opinion or Order Filing 121 MOTION to Seal Document #120 MOTION to Compel NON-PARTY SUBPOENA RESPONSES FROM MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES, INC., RYAN SARBINOFF, HAMID PANAHI, STEVE GEBING, LISA RINGO HARTLEY, and KRISTA YING by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
January 12, 2023 Opinion or Order Filing 120 MOTION to Compel NON-PARTY SUBPOENA RESPONSES FROM MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES, INC., RYAN SARBINOFF, HAMID PANAHI, STEVE GEBING, LISA RINGO HARTLEY, and KRISTA YING by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-32, #2 Proposed Order)(Quincy, Stephanie)
January 12, 2023 Opinion or Order Filing 119 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
January 6, 2023 Opinion or Order Filing 118 AMENDED NOTICE of Deposition of Arthur Wadlund and Clint Wadlund, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
January 5, 2023 Opinion or Order Filing 117 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
December 22, 2022 Opinion or Order Filing 116 RESPONSE in Opposition re: #114 MOTION to Compel Production of Joint Defense Agreements from Defendants filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
December 22, 2022 Opinion or Order Filing 115 RESPONSE to Motion re: #110 MOTION to Compel Produce Rule 30(b)(6) Deponent ; Provide Dates for Individual Depositions and Addresses filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-5)(Quincy, Stephanie)
December 20, 2022 Opinion or Order Filing 114 MOTION to Compel Production of Joint Defense Agreements from Defendants by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-6, #2 Proposed Order)(Quincy, Stephanie)
December 16, 2022 Opinion or Order Filing 113 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Berkadia Real Estate Advisors LLC . (Attachments: #1 Exhibit A (Amended Joint Protective Order))(Quincy, Stephanie)
December 15, 2022 Opinion or Order Filing 111 ORDER pursuant to #108 Stipulation, the parties are granted leave to amend the Protective Order. It is further ordered that the parties shall file the Amended Protective Order within seven days of the filing date of this Order. It shall be captioned Amended Protective Order and not be redlined. Signed by Senior Judge Cindy K Jorgenson on 12/15/2022. (ARC)
December 15, 2022 Opinion or Order Filing 110 MOTION to Compel Produce Rule 30(b)(6) Deponent ; Provide Dates for Individual Depositions and Addresses by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Exhibit A - Notice of Taking Rule 30(b)(6) Deposition, #2 Exhibit B - Berkadia Objection Letter, #3 Proposed Order)(Herz, Joel)
December 12, 2022 Opinion or Order Filing 112 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CASE MANAGEMENT CONFERENCE proceedings held on 08/23/2022, before Judge CINDY K. JORGENSON. [Court Reporter: Cheryl L. Cummings, RDR-CRR-RMR, Telephone number (520) 205-4290]. Amended to correct case designation from 'CR' to 'CV' on title page. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/30/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/9/2023. (RAP)
November 30, 2022 Opinion or Order Filing 108 STIPULATION re: #67 Order on Motion for Protective Order by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order (Redlined))(Quincy, Stephanie)
November 26, 2022 Opinion or Order Filing 109 *(AMENDED TRANSCRIPT FILED AT DOC. #112 )* - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CASE MANAGEMENT CONFERENCE proceedings held on 08/23/2022, before Judge CINDY K. JORGENSON. [Court Reporter: Cheryl L. Cummings, RDR-CRR-RMR, Telephone number (520) 205-4290]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/30/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/9/2023. (RAP) *Modified to reference amended version and create docket entry relationship on 12/16/2022 (RAP).
November 23, 2022 Opinion or Order Filing 107 TRANSCRIPT REQUEST by Berkadia Real Estate Advisors LLC for proceedings held on 08/23/2022, Judge Cindy K Jorgenson, Judge Case Management Conference hearing judge(s). (Coss Ortega, Jorge)
November 18, 2022 Opinion or Order Filing 106 REPORT of Settlement Talks/Discussions by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
November 3, 2022 Opinion or Order Filing 105 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
November 1, 2022 Opinion or Order Filing 104 ORDER granting #100 Motion to Extend Expert Disclosure Deadline by 3 days to: November 2, 2022. Ordered by Senior Judge Cindy K Jorgenson. (GB) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
November 1, 2022 Opinion or Order Filing 103 REPLY to Response to Motion re: #96 MOTION to Quash Subpoenas to Don Hendricks filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
October 31, 2022 Opinion or Order Filing 102 REPLY to Response to Motion re: #95 MOTION to Compel Discovery filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-8)(Quincy, Stephanie)
October 28, 2022 Opinion or Order Filing 101 RESPONSE to Motion re: #100 MOTION for Extension of Time to Extend Expert Disclosure Deadline filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
October 28, 2022 Opinion or Order Filing 100 MOTION for Extension of Time to Extend Expert Disclosure Deadline by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
October 25, 2022 Opinion or Order Filing 99 RESPONSE to Motion re: #96 MOTION to Quash Subpoenas to Don Hendricks filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-6)(Quincy, Stephanie)
October 24, 2022 Opinion or Order Filing 98 RESPONSE in Opposition re: #95 MOTION to Compel Discovery filed by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Index of Exhibits, #2 Exhibits 1-10)(Herz, Joel)
October 21, 2022 Opinion or Order Filing 97 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
October 11, 2022 Opinion or Order Filing 96 MOTION to Quash Subpoenas to Don Hendricks by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Proposed Order)(Herz, Joel)
October 10, 2022 Opinion or Order Filing 95 MOTION to Compel Discovery by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit A-K, #2 Proposed Order)(Quincy, Stephanie)
September 28, 2022 Opinion or Order Filing 93 *REPLY re: #88 Answer to Amended Complaint, Counterclaim Doc. #82 by Counter Defendant Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) *Modified to correct linkage on 9/28/2022 (MCO).
September 27, 2022 Opinion or Order Filing 92 AMENDED NOTICE of Deposition of Don Hendricks, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
September 22, 2022 Opinion or Order Filing 94 ORDER of USCA re: 22-70202. Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. DENIED. (BAC)
September 15, 2022 Opinion or Order Filing 91 SECOND Amended Verified Complaint by Berkadia Real Estate Advisors LLC. (Attachments: #1 Attachment A, #2 Index, #3 Exhibit 1, #4 Exhibit 2 part 1, #5 Exhibit 2 part 2, #6 Exhibit 3, #7 Exhibit 4 part 1, #8 Exhibit 4 part 2, #9 Exhibit 5-21)(DLC)
September 15, 2022 Opinion or Order Filing 90 ORDER the Order (Doc. #87 ) is VACATED. IT IS FURTHER ORDERED that the Motion to Seal (Doc. #85 ) is GRANTED. The Clerk of the Court shall file the Lodged Second Amended Complaint and Exhibits (Doc. 86) into the record UNDER SEAL. Signed by Senior Judge Cindy K Jorgenson on 9/14/2022. (DLC)
September 9, 2022 Opinion or Order Filing 89 USCA Case Number re: Petition for Writ of Mandamus and/or Prohibition, Ninth Circuit Case number 22-70202. (BAC)
September 6, 2022 Opinion or Order Filing 88 ANSWER to #82 Amended Complaint, (Second Amended Complaint), COUNTERCLAIM against Berkadia Real Estate Advisors LLC by Clint Wadlund, Arthur R Wadlund.(Herz, Joel)
August 30, 2022 Opinion or Order Filing 87 VACATED PURSUANT TO ORDER DOC. #90 ---ORDER denying #85 Motion to Seal Document (MOTION TO FILE UNREDACTED SECOND AMENDED COMPLAINT & EXHIBITS UNDER SEAL). The lodged proposed document (Doc. 86) shall remain UNDER SEAL and will not be considered. IT IS FURTHER ORDERED that within 21 days of the filing date of this Order, the Plaintiff may file a redacted Second Amended Complaint, with redacted Exhibits. For purposes of retaining a record for any appeal, unredacted documents provided for the Court's in camera review shall be filed UNDER SEAL. Signed by Senior Judge Cindy K Jorgenson on 8/30/2022. (DLC) Modified on 9/15/2022 (DLC).
August 26, 2022 Opinion or Order Filing 86 FILED AT DOC. #91 PURSUANT TO ORDER DOC. #90 ---SEALED LODGED Proposed Second Amended Complaint and Exhibits re: #85 MOTION to Seal Document #82 Amended Complaint, (MOTION TO FILE UNREDACTED SECOND AMENDED COMPLAINT & EXHIBITS UNDER SEAL). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Attachment A, #2 Exhibit Index, #3 Exhibit 1, #4 Exhibit 2, Part 1, #5 Exhibit 2, Part 2, #6 Exhibit 3, #7 Exhibit 4, Part 1, #8 Exhibit 4, Part 2, #9 Exhibit 5-21)(Quincy, Stephanie) Modified on 9/15/2022 (DLC).
August 25, 2022 Opinion or Order Filing 85 MOTION to Seal Document #82 Amended Complaint, (MOTION TO FILE UNREDACTED SECOND AMENDED COMPLAINT & EXHIBITS UNDER SEAL) by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
August 24, 2022 Opinion or Order Filing 84 CASE MANAGEMENT SCHEDULING ORDER: All Discovery completed by 2/16/2023. Dispositive motions filed by 3/16/2023. Proposed Pretrial Order due by 4/17/2023. Joint Settlement Status Report on or before 11/19/2022, and every three (3) months thereafter. (See attached Order for complete details) Signed by Senior Judge Cindy K Jorgenson on 8/23/2022. (MCO)
August 23, 2022 Opinion or Order Filing 83 MINUTE ENTRY for proceeding held August 23, 2022, before Senior Judge Cindy K. Jorgenson. Case management conference held. Formal order to follow. APPEARANCES: Stephanie J. Quincy and Jorge Coss for the Plaintiff, Berkadia Real Estate Advisors LLC. Joel Herz for the Defendants, Wadlund, et al. Court reporter: Cheryl Cummings. Hearing held from 2:00 p.m. to 2:38 p.m. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF)
August 23, 2022 Opinion or Order Filing 82 AMENDED COMPLAINT (SECOND AMENDED) against Arthur R Wadlund, Clint Wadlund, Unknown Wadlund(named as Jane Doe Wadlund) filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Attachment A, #2 Exhibit Index, #3 Exhibit 1-10, #4 Exhibit 11-21)(Quincy, Stephanie)
August 17, 2022 Opinion or Order Filing 81 IT IS ORDERED the Case Management Conference presently set for 8/23/22 at 1:30 p.m. is RESET AS TO TIME ONLY!! Case Management Conference RESET for 8/23/2022 at 02:00 PM with counsel to appear in person before Senior Judge Cindy K Jorgenson. Ordered by Senior Judge Cindy K Jorgenson. (ABU)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
August 9, 2022 Opinion or Order Filing 80 ORDER that Plaintiff's Motion to Vacate Order Denying Plaintiff's Motion for Temporary Restraining Order (Doc. #41 ) is DENIED. Arthur R. Wadlund's Motion to Dismiss Plaintiff's First Amended Verified Complaint (Doc. #36 ) and Clint Wadlund's Motion to Dismiss Plaintiff's First Amended Complaint or in the Alternative, Abstain (Doc. #37 ) is GRANTED, except the request for abstention is DENIED. Plaintiff has leave to file a Second Amended Complaint, which shall be due within 14 days of the filing date of this Order. Defendants Arthur R. Wadlund and Clint Wadlund's Motion to Quash Subpoenas and for a Protective Order (Doc. #63 ) is GRANTED IN PART to quash the subpoenas and DENIED IN PART for a protective order; the subpoenas are quashed without prejudice to being reurged following the filing of the Second Amended Complaint. IT IS FURTHER ORDERED affirming the Scheduling Conference date of August 23, 2022. Signed by Senior Judge Cindy K Jorgenson on 8/9/22. (See attached Order for complete details) (JAM)
July 8, 2022 Opinion or Order Filing 79 NOTICE of Service of Discovery filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
July 7, 2022 Opinion or Order Filing 78 ORDER: IT IS ORDERED that the Motion to Continue Case Management Conference set on July 11, 2022, at 3:15 p.m. (Doc. #74 ) is GRANTED. IT IS FURTHER ORDERED that the Case Management Conference is reset to August 23, 2022, at 1:30 p.m., with counsel to appear in person before the Honorable Cindy K. Jorgenson, Courtroom 6B, Evo A. DeConcini United States Courthouse, 405 W. Congress Street, Tucson, Arizona. All prior directives related to the conference are affirmed. Signed by Senior Judge Cindy K Jorgenson on 07/07/2022. (SCA)
June 30, 2022 Opinion or Order Filing 77 REPLY to Response to Motion re: #74 MOTION to Continue Case Management Conference filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
June 30, 2022 Opinion or Order Filing 76 NOTICE of Appearance by Joel Louis Herz on behalf of Clint Wadlund. (Herz, Joel)
June 29, 2022 Opinion or Order Filing 75 RESPONSE in Opposition re: #74 MOTION to Continue Case Management Conference filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit A-D)(Quincy, Stephanie)
June 29, 2022 Opinion or Order Filing 74 MOTION to Continue Case Management Conference by Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Proposed Order)(Herz, Joel)
June 27, 2022 Opinion or Order Filing 73 NOTICE of Service of Discovery filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
June 27, 2022 Opinion or Order Filing 72 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 21, 2022 Opinion or Order Filing 71 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 17, 2022 Opinion or Order Filing 70 REPORT of Rule 26(f) Planning Meeting by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 17, 2022 Opinion or Order Filing 69 REPLY to Response to Motion re: #63 MOTION to Quash Subpoenas MOTION for Protective Order filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
June 15, 2022 Opinion or Order Filing 68 ORDERED: Defendant Arthur R. Wadlund's Motion to Dismiss Plaintiff's Complaint and Memorandum in Support (Doc. #15 ) and Defendant Clint Wadlund's Motion to Dismiss or in the Alternative Abstain (Doc. #17 ) are DENIED AS MOOT. Plaintiff's Motion for Entry of Protective Order (Doc. #20 ) is DENIED AS MOOT. Plaintiff's Motion for Entry of Stipulated Protective Order (Doc. #66 ) is GRANTED. The Clerk of Court shall issue the Stipulated Protective Order in a separate docket entry. Signed by Senior Judge Cindy K Jorgenson on 6/14/2022. (MCO)
June 15, 2022 Opinion or Order Filing 67 JOINT PROTECTIVE ORDER: IT IS ORDERED granting #66 Joint Motion for Protective Order. Signed by Senior Judge Cindy K Jorgenson on 6/14/2022. (MCO)
June 14, 2022 Opinion or Order Filing 66 MOTION for Protective Order (Stipulated Protective Order) by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
June 10, 2022 Opinion or Order Filing 65 RESPONSE in Opposition re: #63 MOTION to Quash Subpoenas MOTION for Protective Order filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Quincy, Stephanie)
June 8, 2022 Opinion or Order Filing 64 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 2, 2022 Opinion or Order Filing 63 MOTION to Quash Subpoenas , MOTION for Protective Order by Arthur R Wadlund. (Attachments: #1 Proposed Order)(Herz, Joel)
June 2, 2022 Opinion or Order Filing 62 NOTICE of Deposition of Art Wadlund, Clint Wadlund, Don Hendricks, Lisa Hartley, Krista Ying, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 2, 2022 Opinion or Order Filing 61 NOTICE of Deposition of Ryan Sarbinoff, Hamid Pahahi, Steve Gebing, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
June 1, 2022 Opinion or Order Filing 60 *Service Executed - AFFIDAVIT (Certificate of Service on Ryan Sarbinoff) by Plaintiff Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) *Modified to correct event type from Affidavit event to Service Executed event on 6/1/2022 (MCO).
June 1, 2022 Opinion or Order Filing 59 *Service Executed - AFFIDAVIT (Certificate of Service on Hamid Panahi) by Plaintiff Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) *Modified to correct event type from Affidavit event to Service Executed event on 6/1/2022 (MCO).
June 1, 2022 Opinion or Order Filing 58 *Service Executed - AFFIDAVIT (Certificate of Service on Marcus & Millichap Real Estate Investment Services, Inc.) by Plaintiff Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) *Modified to correct event type from Affidavit event to Service Executed event on 6/1/2022 (MCO).
June 1, 2022 Opinion or Order Filing 57 *Service Executed - AFFIDAVIT (Certificate of Service on Don Hendricks) by Plaintiff Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) *Modified to correct event type from Affidavit event to Service Executed event on 6/1/2022 (MCO).
June 1, 2022 Opinion or Order Filing 56 *Service Executed - AFFIDAVIT (Certificate of Service on Steve Gebing) by Plaintiff Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) *Modified to correct event type from Affidavit event to Service Executed event on 6/1/2022 (MCO).
May 26, 2022 Opinion or Order Filing 55 *Service Executed - AFFIDAVIT (Proof of Service on Lisa Ringo Hartley) by Plaintiff Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) *Modified to correct event type from Affidavit event to Service Executed event on 6/1/2022 (MCO).
May 26, 2022 Opinion or Order Filing 54 *Service Executed - AFFIDAVIT (Proof of Service on Krista Ying) by Plaintiff Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) *Modified to correct event type from Affidavit event to Service Executed event on 6/1/2022 (MCO).
May 19, 2022 Opinion or Order Filing 53 NOTICE of Service of Discovery filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
May 18, 2022 Opinion or Order Filing 52 ORDERED that counsel shall file with the Court, on or before June 17, 2022, a supplemental Joint Rule 26(f) Report reflecting the results of their meeting and outlining the discovery plan. IT IS FURTHER ORDERED that all parties are expected to comply with Rule 26 and to minimize the expense of discovery. The parties and their counsel are cautioned that the deadlines set in the Court's Scheduling Order shall be strictly enforced. IT IS FURTHER ORDERED that a Case Management Conference is set for 7/11/2022, at 3:15 p.m. before the Honorable Cindy K. Jorgenson, Courtroom 6B. (See attached Order for complete details) Signed by Senior Judge Cindy K Jorgenson on 5/17/2022. (MCO)
May 11, 2022 Opinion or Order Filing 51 REPORT of Rule 26(f) Planning Meeting by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
April 20, 2022 Opinion or Order Filing 50 REPLY to Response to Motion re: #37 MOTION to Dismiss Case Motion to Dismiss Plaintiff's First Amended Complaint, #36 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Arthur R Wadlund, Clint Wadlund. (Herz, Joel)
April 18, 2022 Opinion or Order Filing 49 REPLY to Response to Motion re: #41 MOTION to Vacate #31 Order,,,, Terminate Motions,,,, Set/Reset Hearings,,, (Plaintiff's Reply to Defendant Clint Wadlund's Joinder to Defendant Arthur Wadlund's Opposition to Plaintiff's Motion to Vacate) filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
April 14, 2022 Opinion or Order Filing 48 RESPONSE to Motion re: #37 MOTION to Dismiss Case Motion to Dismiss Plaintiff's First Amended Complaint filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
April 14, 2022 Opinion or Order Filing 47 RESPONSE to Motion re: #36 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
April 14, 2022 Opinion or Order Filing 46 NOTICE of Errata re: #44 Reply to Response to Motion by Plaintiff Berkadia Real Estate Advisors LLC.. (Attachments: #1 Exhibit 1-2)(Quincy, Stephanie)
April 11, 2022 Opinion or Order Filing 45 Joinder re: #42 Response in Opposition to Motion by Defendant Clint Wadlund. filed by Clint Wadlund. (Saffer, Jonathan)
April 7, 2022 Opinion or Order Filing 44 REPLY to Response to Motion re: #41 MOTION to Vacate #31 Order,,,, Terminate Motions,,,, Set/Reset Hearings,,, filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
March 31, 2022 Opinion or Order Filing 42 RESPONSE in Opposition re: #41 MOTION to Vacate #31 Order,,,, Terminate Motions,,,, Set/Reset Hearings,,, filed by Arthur R Wadlund. (Herz, Joel)
March 28, 2022 Opinion or Order Filing 41 MOTION to Vacate #31 Order,,,, Terminate Motions,,,, Set/Reset Hearings,,, by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order, #2 Exhibit 1 - 17)(Quincy, Stephanie)
March 22, 2022 Opinion or Order Filing 40 NOTICE of Appearance by Robert A Hill on behalf of Berkadia Real Estate Advisors LLC. (Hill, Robert)
March 21, 2022 Opinion or Order Filing 39 TRANSCRIPT REQUEST by Berkadia Real Estate Advisors LLC for proceedings held on 02/03/2022, Judge John C Hinderaker hearing judge(s). (Coss Ortega, Jorge)
March 16, 2022 Opinion or Order Filing 38 ORDER Granting Motion for Recusal #34 filed by Berkadia Real Estate Advisors LLC. Senior Judge Cindy K. Jorgenson added as presiding judge. Judge John C. Hinderaker no longer assigned to case. Future case filings must bear the case number 4:22-cv-00049-CKJ. Signed by Judge John C. Hinderaker on 3/16/2022. (SSG)
March 15, 2022 Opinion or Order Filing 37 MOTION to Dismiss Case Motion to Dismiss Plaintiff's First Amended Complaint by Clint Wadlund. (Saffer, Jonathan)
March 15, 2022 Opinion or Order Filing 36 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Arthur R Wadlund. (Herz, Joel)
March 14, 2022 Opinion or Order Filing 35 ORDER Vacating the Status Conference set for 3/15/2022 at 11:30 AM. IT IS ORDERED the Defendants have until 3/23/2022 to file a response to Plaintiff's Motion for Recusal #34 . Signed by Judge John C. Hinderaker on 3/14/2022. (SSG)
March 14, 2022 Opinion or Order Filing 34 MOTION for Recusal by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit Exhibits 1-14, #2 Proposed Order)(Quincy, Stephanie)
March 6, 2022 Opinion or Order Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENTS proceedings held on 02/23/2022, before Judge JOHN C. HINDERAKER. [Court Reporter: Erica R. McQuillen, RDR, CRR, Telephone number (520) 205-4267]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/1/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/9/2022. (RAP)
March 4, 2022 Opinion or Order Filing 32 TRANSCRIPT REQUEST by Berkadia Real Estate Advisors LLC for proceedings held on 2/23/22, Judge John C Hinderaker hearing judge(s). (Quincy, Stephanie)
March 3, 2022 Opinion or Order Filing 31 ORDERED DENYING IN PART Plaintiff's combined Application For Temporary Restraining Order and Motion to Expedite Discovery. (Doc. #7 .) Plaintiff's request for a temporary restraining order is DENIED. A hearing on Plaintiff's application for a temporary restraining order has already been held and thus Plaintiff's motion for hearing (Doc. #9 ) is DENIED AS MOOT. IT IS FURTHER ORERED SETTING a telephonic Status Conference for March 15, 2022 at 11:30 a.m. for 30 minutes at which the parties shall be prepared to discuss a schedule should Plaintiff seek to pursue a preliminary injunction and, if so, argue Plaintiffs motion for expedited discovery. (See attached Order for complete details) Signed by Judge John C Hinderaker on 3/3/2022. (MCO)
March 1, 2022 Opinion or Order Filing 29 AMENDED COMPLAINT against Arthur R Wadlund, Clint Wadlund filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Attachment Index of Exhibits, #2 Exhibit 1 - 10, #3 Exhibit 11 - 21)(Quincy, Stephanie)
March 1, 2022 Opinion or Order Filing 28 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Berkadia Real Estate Advisors LLC . (Attachments: #1 Attachment First Amended Verified Complaint)(Quincy, Stephanie)
February 25, 2022 Opinion or Order Filing 27 Corporate Disclosure Statement by Clint Wadlund. (Saffer, Jonathan)
February 24, 2022 Opinion or Order Filing 26 *SEALED Verified Complaint. Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, Part 1, #4 Exhibit 2, Part 2, #5 Exhibit 3-21)(Quincy, Stephanie) *Modified from lodged to filed per Order #23 on 2/25/2022 (SCH).
February 23, 2022 Opinion or Order Filing 30 MINUTE ENTRY for proceedings held before Judge John C. Hinderaker: Motion Hearing Re: Plaintiff's Motion for Temporary Restraining Order and Motion to Expedite Discovery #7 held on 2/23/2022. The Court takes the motion Under Advisement. Formal Order to follow. (Court Reporter Erica McQuillen.) Hearing held 1:30 PM to 3:20 PM.(SSG)
February 22, 2022 Opinion or Order Filing 25 *SEALED BERKADIA REAL ESTATE ADVISORS LLCS MEMORANDUM OF LAW IN SUPPORT OF ITS APPLICATION FOR TEMPORARY RESTRAINING ORDER (WITH NOTICE). Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1-7, #3 Exhibit 8, Part 1, #4 Exhibit 8, Part 2, #5 Exhibit 8, Part 3, #6 Exhibit 9)(Quincy, Stephanie) *Modified from lodged to filed per Order #23 on 2/23/2022 (SCH).
February 22, 2022 Opinion or Order Filing 24 *SEALED BERKADIA REAL ESTATE ADVISORS LLCS REPLY IN SUPPORT OF ITS APPLICATION FOR TEMPORARY RESTRAINING ORDER AGAINST C. WADLUND. Filed by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, Part 1, #4 Exhibit 2, Part 2, #5 Exhibit 3-4, #6 Exhibit 5-12)(Quincy, Stephanie) *Modified from lodged to filed per Order #23 on 2/23/2022 (SCH).
February 22, 2022 Opinion or Order Filing 23 ORDER granting #22 Emergency MOTION to Seal Document (Emergency Motion to File Unredacted Reply and Exhibits Under Seal as well as Complaint and Application for TRO). Signed by Judge John C Hinderaker on 2/22/2022. (DLC)
February 22, 2022 Opinion or Order Filing 22 Emergency MOTION to Seal Document (Emergency Motion to File Unredacted Reply and Exhibits Under Seal as well as Complaint and Application for TRO) by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie)
February 21, 2022 Opinion or Order Filing 21 REPLY re: #7 MOTION for Temporary Restraining Order and Motion for Expedited Discovery by Plaintiff Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, Part 1, #4 Exhibit 2, Part 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12)(Quincy, Stephanie)
February 21, 2022 Opinion or Order Filing 20 MOTION for Protective Order by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1 - Proposed Protective Order)(Quincy, Stephanie)
February 17, 2022 Opinion or Order Filing 19 ORDER granting #18 Motion to Consolidate Reply Brief and Exceed the Page Limitations. Plaintiff is permitted to file one consolidated reply in support of its Application for Temporary Restraining Order and Motion to Expedite Discovery, not to exceed 22 pages. Signed by Judge John C Hinderaker on 2/17/22. (JAM)
February 17, 2022 Opinion or Order Filing 18 *MOTION re: #7 MOTION for Temporary Restraining Order and Motion for Expedited Discovery TO CONSOLIDATE REPLY BRIEF AND EXCEED THE PAGE LIMITATIONS by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order)(Quincy, Stephanie) *Modified to add motion type on 2/22/2022 (MYE).
February 16, 2022 Opinion or Order Filing 17 MOTION to Dismiss Case or in the Alternative Abstain by Clint Wadlund. (Saffer, Jonathan)
February 15, 2022 Opinion or Order Filing 16 RESPONSE to Motion re: #7 MOTION for Temporary Restraining Order and Motion for Expedited Discovery filed by Clint Wadlund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Saffer, Jonathan)
February 15, 2022 Opinion or Order Filing 15 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Arthur R Wadlund. (Herz, Joel)
February 15, 2022 Opinion or Order Filing 14 RESPONSE in Opposition re: #7 MOTION for Temporary Restraining Order and Motion for Expedited Discovery filed by Arthur R Wadlund. (Attachments: #1 Exhibit 1 - Affidavit of Arthur Wadlund, #2 Exhibit 2 - Declaration of Donald Hendricks)(Herz, Joel)
February 3, 2022 Opinion or Order Filing 13 MINUTE ENTRY for proceedings held before Judge John C. Hinderaker: Status Conference re: Motion for Temporary Restraining Order #7 held on 2/3/2022. IT IS ORDERED a Temporary Restraining Order Hearing is set for 2/23/2022 at 01:30 PM before Judge John C. Hinderaker. IT IS FURTHER ORDERED that Defendants response to Plaintiffs Motion for Temporary Restraining Order is due by 2/15/2022. Plaintiff may file a reply brief by 2/21/2022. See attached pdf for additional details. (Court Reporter Erica McQuillen.) Hearing held 4:22 PM to 4:45 PM.(SSG)
February 3, 2022 Opinion or Order Filing 12 NOTICE of Attorney Substitution by Stephanie J Quincy. (Quincy, Stephanie)
February 3, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for Laura Luisi on behalf of Plaintiff Berkadia Real Estate Advisors LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
February 2, 2022 Opinion or Order Filing 11 ORDER setting a Status Conference on Plaintiff's motions for 2/3/2022 at 04:15 PM before Judge John C. Hinderaker. The conference will be held telephonically. Counsel and all unrepresented parties must call 1-888-363-4735 and enter access code 5538514 at the time set for the conference. Signed by Judge John C. Hinderaker on 2/2/2022. (SSG)
February 1, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Joel Louis Herz on behalf of Arthur R Wadlund. (Herz, Joel)
January 31, 2022 Opinion or Order Filing 9 MOTION for Hearing on Motion re: #7 MOTION for Temporary Restraining Order and Motion for Expedited Discovery by Berkadia Real Estate Advisors LLC. (Attachments: #1 Proposed Order Granting Motion for Hearing)(Quincy, Stephanie)
January 31, 2022 Opinion or Order Filing 8 MEMORANDUM in Support of #7 MOTION for Temporary Restraining Order and Motion for Expedited Discovery by Plaintiff Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-7, #2 Exhibit 8, A-E, #3 Exhibit F-0, #4 Exhibit P-AA, 9)(Quincy, Stephanie)
January 31, 2022 Opinion or Order Filing 7 MOTION for Temporary Restraining Order and Motion for Expedited Discovery by Berkadia Real Estate Advisors LLC. (Attachments: #1 Exhibit 1-3, #2 Proposed Order Granting Application for Temporary Restraining Order, #3 Proposed Order Granting Motion for Expedited Discovery)(Quincy, Stephanie)
January 31, 2022 Opinion or Order Filing 6 Corporate Disclosure Statement by Berkadia Real Estate Advisors LLC identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent Jefferies Financial Group Inc. for Berkadia Real Estate Advisors LLC. (Quincy, Stephanie)
January 31, 2022 Opinion or Order Filing 5 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Berkadia Real Estate Advisors LLC. (ARC)
January 31, 2022 Opinion or Order Filing 4 Summons Issued as to Arthur R Wadlund, Clint Wadlund. (Attachments: #1 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
January 31, 2022 Opinion or Order Filing 3 Filing fee paid, receipt number 0970-20295608. This case has been assigned to the Honorable John C Hinderaker. All future pleadings or documents should bear the correct case number: CV-22-49-TUC-JCH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC)
January 31, 2022 Opinion or Order Filing 2 SUMMONS Submitted by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) (Attachments: #1 Summons)(ARC)
January 31, 2022 Opinion or Order Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-20295608 filed by Berkadia Real Estate Advisors LLC. (Quincy, Stephanie) (Attachments: #1 Civil Cover Sheet, #2 Exhibit List, #3 Exhibit 1-10, #4 Exhibit 11-21)(ARC)

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Search for this case: Berkadia Real Estate Advisors LLC v. Wadlund et al
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Plaintiff: Berkadia Real Estate Advisors LLC
Represented By: Jorge Eduardo Coss Ortega
Represented By: Lindsay Jo Fiore
Represented By: Stephanie J Quincy
Represented By: Laura Luisi
Represented By: Robert A Hill
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Defendant: Arthur R Wadlund
Represented By: Joel Louis Herz
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Defendant: Unknown Wadlund
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Defendant: Clint Wadlund
Represented By: Jonathan Marc Saffer
Represented By: Joel Louis Herz
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