Duluth Venture Capital Partners LLC v. Cleantech Biofuels Inc et al
| Duluth Venture Capital Partners LLC |
| Cleantech Biofuels Inc, Larry McGee, Michael D Kime, Signature Stock Transfer Incorporated, Benton Becker, Ira Langenthal, Keith A Mazer, Does 1 through 30, inclusive, Paul Simon, Jr and Edward P Hennessy, Jr |
| 8:2009cv00121 |
| February 3, 2009 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Orange |
| Robert N Block |
| Cormac J Carney |
| Securities/Commodities |
| 28 U.S.C. § 1441 |
| None |
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Filing 107
IN CHAMBERS MINUTE ORDER DISMISSING ACTION ON NOTICE OF SETTLEMENT by Judge Cormac J. Carney: The Court, having been advised by Plaintiffs counsel that this action has been settled by Notice of Settlement Before Magistrate Judge Block filed on January 10, 2011 #105 , hereby orders this action dismissed without prejudice. The Court hereby orders all proceedings in the case vacated and taken off calendar. (see document for details) (Made JS-6. Case Terminated.) (mu)
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Filing 106
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Cormac J. Carney: granting #104 Request to Substitute Attorney. Added attorney Mark J Leonardo for Keith A Mazer. Attorney Gerald A Klein terminated. (rla)
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| Filing 105 NOTICE of Settlement Before Magistrate Judge Block filed by Plaintiff Duluth Venture Capital Partners LLC. (Baez, Heather) |
| Filing 104 REQUEST to Substitute attorney Mark J. Leonardo in place of attorney Gerald A. Klein filed by defendant Keith A Mazer. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney)(Klein, Gerald) |
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Filing 103
NOTICE OF DISCREPANCY AND ORDER: by Judge Cormac J. Carney, ORDERING REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY; submitted by Defendant Keith A Mazer; received on 12/27/10 is not to be filed but instead rejected. Denial based on: General Order 10-07 and lacks proposed order. (rla)
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| Filing 102 MINUTES OF Settlement Conference held before Magistrate Judge Robert N. Block: Plaintiff and remaining defendant, Mr. Mazer appeared before Judge Block. A complete settlement of this action was reached and the material terms thereof were recited on the record. Plaintiff's counsel will be responsible for initially drafting the settlement documents and for formally reporting the settlement to the District Judge's clerk in accordance with Local Rule 16-15.7.Court Recorder: CS 12/17/10. (rla) |
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Filing 101
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Robert N. Block, This case has been referred to Magistrate Judge Robert N. Block for settlement proceedings. Settlement Conference set for 12/17/2010 09:30 AM in Courtroom 6D of the Ronald Reagan Federal Building and U.S. Courthouse, in Santa Ana, California. (See document for further details.) (rla)
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| Filing 100 NOTICE OF SCHEDULING SETTLEMENT CONFERENCE BEFORE MAGISTRATE JUDGE BLOCK filed by PLAINTIFF Duluth Venture Capital Partners LLC. (Baez, Heather) |
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Filing 99
ORDER by Judge Cormac J. Carney: [NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT] GRANTING #95 Application to Continue. The deadlines and hearings originally scheduled have been rescheduled. Jury Trial reset for 4/5/2011 09:00 AM before Judge Cormac J. Carney. Pretrial Conference reset for 3/28/2011 03:30 PM before Judge Cormac J. Carney. The parties are also ordered to participate in a settlement conference before Magistrate Judge Block. Counsel are directed to contact Magistrate Judge Block within the next 30 days for a convenient date and time for the settlement conference. (rla) Modified on 9/15/2010 (rla).
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| Filing 98 OPPOSITION to APPLICATION to Continue Pretrial and Trial from 9/20/10 and 9/28/10 to To be determined by court #95 filed by Plaintiff Duluth Venture Capital Partners LLC. (Attachments: #1 Declaration DECLARATION OF DUARTE IN SUPPORT OF OPPOSITION TO APPLICATION FOR CONTINUANCE)(Douglas, Heather) |
| Filing 97 Witness List filed by Defendant Keith A Mazer.. (Sterling, Hillard) |
| Filing 96 OPPOSITION TO MAZER'S APPLICATION FOR CONTINUANCE filed by Plaintiff Duluth Venture Capital Partners LLC. (Douglas, Heather) |
| Filing 95 APPLICATION to Continue Pretrial and Trial from 9/20/10 and 9/28/10 to To be determined by court filed by Defendant Keith A Mazer. Application set for hearing on 9/13/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration William Howard, #3 Declaration Hillard Sterling, #4 Declaration Keith A. Mazer, #5 Proposed Order Granting Application)(Sterling, Hillard) |
| Filing 94 REPLY IN OPPOSITION to Defendant's Response to Motion in Limine No. 3 filed by Plaintiff Duluth Venture Capital Partners LLC. (Douglas, Heather) |
| Filing 93 REPLY REPLY IN OPPOSITION to Defendant's Response to Motion in Limine No. 2 filed by Plaintiff Duluth Venture Capital Partners LLC. (Douglas, Heather) |
| Filing 92 MEMORANDUM of CONTENTIONS of FACT and LAW filed by PLAINTIFF Duluth Venture Capital Partners LLC. (Douglas, Heather) |
| Filing 91 PROPOSED Exhibit List filed by PLAINTIFF Duluth Venture Capital Partners LLC.. (Douglas, Heather) |
| Filing 90 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Keith A Mazer. (Attachments: #1 Exhibit 1-Part 1, #2 Exhibit 1-Part 2, #3 Exhibit 1-Part 3, #4 Exhibit 1-Part 4, #5 Exhibit 1-Part 5, #6 Exhibit 1-Part 6)(Sterling, Hillard) |
| Filing 89 MEMORANDUM in Opposition to Third MOTION IN LIMINE #3 to Exclude CERTAIN EVIDENCE REGARDING OTHER TRANSACTIONS BETWEEN MAZER AND HAND #85 filed by Defendant Keith A Mazer. (Attachments: #1 Exhibit 1)(Sterling, Hillard) |
| Filing 88 MEMORANDUM in Opposition to Second MOTION IN LIMINE #2 for Evidence EXCLUDE EVIDENCE RE ANTIGUA TRANSACTIONS #84 filed by Defendant Keith A Mazer. (Attachments: #1 Exhibit 1)(Sterling, Hillard) |
| Filing 87 MEMORANDUM in Opposition to First MOTION IN LIMINE 1 to Exclude CERTAIN EVIDENCE REGARDING JEHU HAND #81 filed by Defendant Keith A Mazer. (Sterling, Hillard) |
| Filing 86 Witness List filed by PLAINTIFF Duluth Venture Capital Partners LLC.. (Douglas, Heather) |
| Filing 85 NOTICE OF MOTION AND Third MOTION IN LIMINE #3 to Exclude CERTAIN EVIDENCE REGARDING OTHER TRANSACTIONS BETWEEN MAZER AND HAND filed by PLAINTIFF Duluth Venture Capital Partners LLC. Motion set for hearing on 9/20/2010 at 03:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES, #2 Proposed Order, #3 PROOF OF SERVICE)(Douglas, Heather) |
| Filing 84 NOTICE OF MOTION AND Second MOTION IN LIMINE #2 for Evidence EXCLUDE EVIDENCE RE ANTIGUA TRANSACTIONS filed by PLAINTIFF Duluth Venture Capital Partners LLC. Motion set for hearing on 9/20/2010 at 03:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES, #2 Declaration, #3 Proposed Order, #4 PROOF OF SERVICE)(Douglas, Heather) |
| Filing 83 Witness List filed by Defendant Keith A Mazer.. (Sterling, Hillard) |
| Filing 82 Exhibit List filed by Defendant Keith A Mazer.. (Sterling, Hillard) |
| Filing 81 NOTICE OF MOTION AND First MOTION IN LIMINE 1 to Exclude CERTAIN EVIDENCE REGARDING JEHU HAND filed by PLAINTIFF Duluth Venture Capital Partners LLC. Motion set for hearing on 9/20/2010 at 03:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES, #2 Declaration, #3 Proposed Order, #4 PROOF OF SERVICE)(Douglas, Heather) |
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Filing 80
MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: DENYING WITHOUT PREJUDICE DEFENDANT KEITH A. MAZERS MOTION FOR ORDER TO SHOW CAUSE #73 : Accordingly, the hearing set for June 21, 2010 at 1:30 p.m. is hereby vacated and off calendar. The subpoena shall be deemed served as of the date of this order, and Mr. Hand must respond to Mr. Mazers subpoena within twenty-one days. If Mr. Hand fails to respond to the subpoena, Mr. Mazer can renew his motion. (rla)
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| Filing 79 DECLARATION of Jim Zimmer in support MOTION for Order for to Show Cause as to Why Jehu Hand Should Not Be Held in Contempt of Court #73 filed by Defendant Keith A Mazer. (Sterling, Hillard) |
| Filing 78 REPLY Support MOTION for Order for to Show Cause as to Why Jehu Hand Should Not Be Held in Contempt of Court #73 filed by Defendant Keith A Mazer. (Sterling, Hillard) |
| Filing 77 RESPONSE to Keith A. Mazer's Motion for Order to show Cause as to Why Jehu Hand Should Not be Held in Contempt of Court; Memorandum of Points and Authorites [Filed Separately]; Declaration of Jehu Hand [Filed Separately}; {Proposed} Order [Filed Separately} filed by Plaintiff Duluth Venture Capital Partners LLC (db) |
| Filing 76 MEMORANDUM of Points and Authorities in Support of Jehu Hand's Response to Keith A. Mazer's Motion for Order to Show Cause as to Why Jehu Hand Should not be Held in Contempt of Court.(db) |
| Filing 75 DECLARATION of Jehu Hand in Support of Response to Defendant Keith A. Mazer's Motion for Order to Show Cause re Contempt filed by Jehu Hand. (db) |
| Filing 74 DECLARATION of Hillard M. Sterling in Support of MOTION for Order for to Show Cause as to Why Jehu Hand Should Not Be Held in Contempt of Court #73 filed by Defendant Keith A Mazer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-Part 1, #5 Exhibit D-Part 2, #6 Exhibit E)(Sterling, Hillard) |
| Filing 73 NOTICE OF MOTION AND MOTION for Order for to Show Cause as to Why Jehu Hand Should Not Be Held in Contempt of Court filed by Defendant Keith A Mazer. Motion set for hearing on 6/21/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum, #2 Proposed Order)(Sterling, Hillard) |
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Filing 72
ORDER by Judge Cormac J. Carney granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (db)
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| Filing 71 NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Plaintiff Duluth Venture Capital Partners LLC, Defendant Keith A Mazer (Attachments: #1 Proposed Order Order Re: Settlement Procedure Selection: Request and Notice)(Klein, Gerald) |
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Filing 70
MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: DENYING DEFENDANT'S MOTION TO DISMISS OR STRIKE AND MOTION TO BAR EVIDENCE: DENYING #51 Motion to Dismiss or Strike and Bar Evidence; DENYING #67 Motion to Strike. Accordingly, the hearing set for March 29, 2010 at 1:30 p.m. is hereby vacated and off calendar. (See document for details.) (rla)
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| Filing 69 MEMORANDUM in Opposition to MOTION to Strike Untimely Opposition and Submissions Filed by Duluth Venture Capital Partners, LLC MEMORANDUM in Opposition to Motion #65 , Response in Opposition to Motion, #66 MOTION to Strike Untimely Opposition and Submissions Filed by Duluth Venture Capital Partners, LLC MEMORANDUM in Opposition to Motion #65 , Response in Opposition to Motion, #66 #67 filed by Plaintiff Duluth Venture Capital Partners LLC. (Attachments: #1 Declaration Declaration of James M. Duarte)(Douglas, Heather) |
| Filing 68 NOTICE OF MOTION AND MOTION to Strike TO DISMISS OR STRIKE CLAIMS AND BAR EVIDENCE Declaration (Motion related), Declaration (Motion related) #53 , MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures #51 , Memorandum in Support of Motion, #52 OPPOSITION filed by PLAINTIFF Duluth Venture Capital Partners LLC. Motion set for hearing on 3/29/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration)(Douglas, Heather) |
| Filing 67 NOTICE OF MOTION AND MOTION to Strike Untimely Opposition and Submissions Filed by Duluth Venture Capital Partners, LLC MEMORANDUM in Opposition to Motion #65 , Response in Opposition to Motion, #66 filed by Defendant Keith A Mazer. Motion set for hearing on 3/29/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order)(Sterling, Hillard) |
| Filing 66 OPPOSITION to MOTION to Dismiss Case (Counts 8-10 and 12-14) #11 Declaration of Duarte in support of Opposition filed by Plaintiff Duluth Venture Capital Partners LLC. (Attachments: #1 Evidentiary Objections and Motion to Strike)(Douglas, Heather) |
| Filing 65 MEMORANDUM in Opposition to MOTION to Dismiss Case (Counts 8-10 and 12-14) #11 filed by Plaintiff Duluth Venture Capital Partners LLC. (Douglas, Heather) |
| Filing 63 NOTICE of Change of Attorney Information for attorney Meryl L Young counsel for Defendants Benton Becker, Cleantech Biofuels Inc, Edward P Hennessy, Jr, Michael D Kime, Ira Langenthal, Larry McGee, Signature Stock Transfer Incorporated, Paul Simon, Jr. Filed by defendants Cleantech Biofuels, Inc., Signature Stock Transfer Incorporated, Edward P. Hennessy, Jr., Michael D. Kime, Benton Becker, Ira Langenthal, Paul Simon, Jr., and Larry McGee (Young, Meryl) |
| Filing 62 NOTICE of Change of Attorney Information for attorney Mark B Wilson counsel for Defendant Keith A Mazer. Mark B. Wilson will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Mark B. Wilson is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by defendant Keith A. Mazer (Wilson, Mark) |
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Filing 64
ORDER by Judge Cormac J. Carney: Based on the Parties Stipulation #61 , the Court continues the current discovery cut-off date from March 23, 2010 to May 21, 2010; the current pretrial conference from June 28, 2010 to September 20, 2010 at 3:30 p.m.; and the trial of this case from July 13, 2010 toSeptember 28, 2010 at 9:00 a.m. (mu)
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| Filing 61 STIPULATION to Extend Discovery Cut-Off Date to May 21, 2010 filed by Defendant Keith A Mazer. (Attachments: #1 Proposed Order, #2 Proposed Order Proposed Alternative Order)(Sterling, Hillard) |
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Filing 60
MINUTES (IN CHAMBERS) ORDER re Plaintiff's Four Motions to Compel Discovery, filed 02/24/2010 by Magistrate Judge Robert N. Block #55 #56 #57 #58 . These motions are ordered off calendar. (See Order for details) (db)
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| Filing 59 NOTICE OF ERRATA re MOTION to Compel Production of Documents (Set Two) MOTION to Compel Production of Documents (Set Two) MOTION to Compel Production of Documents (Set Two) #56 filed by Plaintiff Duluth Venture Capital Partners LLC. (Douglas, Heather) |
| Filing 58 NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Keith Mazer filed by Plaintiff Duluth Venture Capital Partners LLC. Motion set for hearing on 3/23/2010 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: #1 Memorandum, #2 Declaration Part 1 of 3, #3 Declaration Part 2 of 3, #4 Declaration Part 3 of 3, #5 Proposed Order, #6 Proof of Service)(Douglas, Heather) |
| Filing 57 NOTICE OF MOTION AND MOTION for Admissions of Determine Sufficiency of Answers filed by Plaintiff Duluth Venture Capital Partners LLC. Motion set for hearing on 3/23/2010 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: #1 Memorandum Points & Authorities, #2 Declaration Part 1 of 4, #3 Declaration Part 2 of 4, #4 Declaration Part 3 of 4, #5 Declaration Part 4 of 4, #6 Proposed Order, #7 Proof Of Service)(Douglas, Heather) |
| Filing 56 NOTICE OF MOTION AND MOTION to Compel Production of Documents (Set Two) filed by Plaintiff Duluth Venture Capital Partners LLC. Motion set for hearing on 3/23/2012 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: #1 Memorandum Points & authorities Part 1 of 2, #2 Memorandum Points & Authorities Part 2 of 2, #3 Declaration Part 1 of 4, #4 Declaration Part 2 of 4, #5 Declaration Part 3 of 4, #6 Declaration Part 4 of 4, #7 Proposed Order, #8 Proof of Service)(Douglas, Heather) |
| Filing 55 NOTICE OF MOTION AND MOTION to Compel Production of Documents (Set One) filed by Plaintiff Duluth Venture Capital Partners LLC. Motion set for hearing on 3/23/2010 at 09:30 AM before Magistrate Judge Robert N. Block. (Attachments: #1 Memorandum Points & Authorities, #2 Declaration Declaration Part 1 of 5, #3 Declaration Declaration Part 2 of 5, #4 Declaration Declaration Part 3 of 5, #5 Declaration Declaration Part 4 of 5, #6 Declaration Declaration Part 5 of 5, #7 Proposed Order, #8 Proof of Service)(Douglas, Heather) |
| Filing 54 DECLARATION of Hillard M. Sterling in Support of MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures #51 filed by Defendant Keith A Mazer. (Sterling, Hillard) |
| Filing 53 DECLARATION of Keith A. Mazer in Support of MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures #51 filed by Defendant Keith A Mazer. (Sterling, Hillard) |
| Filing 52 MEMORANDUM in Support of MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures #51 filed by Defendant Keith A Mazer. (Attachments: #1 Proposed Order)(Sterling, Hillard) |
| Filing 51 NOTICE OF MOTION AND MOTION to Dismiss or Strike Claims and Bar Evidence Based Upon Plaintiff's Failure to Disclose Critical Information in its Fed. R. Civ. P. 26(a)(1) Disclosures filed by defendant Keith A Mazer. Motion set for hearing on 3/29/2010 at 01:30 PM before Judge Cormac J. Carney. (Sterling, Hillard) |
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Filing 50
MINUTES (IN CHAMBERS) ORDER re by Magistrate Judge Robert N. Block re Defendant Keith A. Masers Motion for Sanctions Based Upon Plaintiff Duluth Venture Capital Partners, LLCs Failure to Disclose Critical Information in Its Fed. R. Civ. P. 26(a)(1) Disclosures, filed February 12, 2010 #46 . For reasons stated in minute order, the hearing on this Motion noticed for 03/16/2010 before the Magistrate Judge is ORDERED off calendar. (db)
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| Filing 49 DECLARATION of Hillard M. Sterling in Support of MOTION for Sanctions against plaintiff Duluth Venture Capital Partners, LLC #46 filed by Defendant Keith A Mazer. (Sterling, Hillard) |
| Filing 48 DECLARATION of Keith A. Mazer in Support of MOTION for Sanctions against plaintiff Duluth Venture Capital Partners, LLC #46 filed by Defendant Keith A Mazer. (Sterling, Hillard) |
| Filing 47 MEMORANDUM in Support of MOTION for Sanctions against plaintiff Duluth Venture Capital Partners, LLC #46 filed by Defendant Keith A Mazer. (Attachments: #1 Proposed Order)(Sterling, Hillard) |
| Filing 46 NOTICE OF MOTION AND MOTION for Sanctions against plaintiff Duluth Venture Capital Partners, LLC filed by defendant Keith A Mazer. Motion set for hearing on 3/16/2010 at 08:30 AM before Magistrate Judge Robert N. Block. (Sterling, Hillard) |
| Filing 45 NOTICE of Association of Counsel Filed by Defendant Keith A Mazer (Klein, Gerald) |
| Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected, correct event is Notice (Other) RE: Miscellaneous Document #43 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) |
| Filing 43 NOTICE OF ENTRY OF ORDER GRANTING BAKER & HOSTETLER LLP'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT KEITH A. MAZER (Fischbach, Ryan) |
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Filing 42
ORDER Granting Baker & Hostetler LLP's Motion to Withdraw as Counsel for Defendant Keith A. Mazer by Judge Cormac J. Carney #39 . (db)
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| Filing 41 MINUTES OF Motion to Withdraw as Counsel for Record for Keith A. Mazer held before Judge Cormac J. Carney #39 . Court confers with counsel regarding no opposition by plaintiff. Court grants the motion to withdraw as counsel of record for Keith A. Mazer. Order signed and filed this date. Court Reporter: Maria Dellaneve. (db) |
| Filing 40 NOTICE OF NON-OPPOSITION to MOTION of Baker & Hostetler LLP to Withdraw as Attorney of Record for Keith A. Mazer #39 filed by Defendant Keith A Mazer. (Fischbach, Ryan) |
| Filing 39 NOTICE OF MOTION AND MOTION of Baker & Hostetler LLP to Withdraw as Attorney of Record for Keith A. Mazer filed by Baker & Hostetler LLP, Attorneys of Record for Keith A Mazer. Motion set for hearing on 1/4/2010 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Jeffrey P. Berg in Support of Motion, #2 Proposed Order Granting Baker & Hostetler LLP's Motion to Withdraw as Counsel of Record for Keith A. Mazer)(Fischbach, Ryan) |
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Filing 38
ORDER re Settlement Procedures, Pre-Trial Conference and Trial by Judge Cormac J. Carney. (See Order for details) (db)
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Filing 37
SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 3/26/2010, Jury Trial set for 7/13/2010 09:00 AM before Judge Cormac J. Carney, Pretrial Conference set for 6/28/2010 03:30 PM before Judge Cormac J. Carney. (db)
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Filing 36
ORDER on Application of Non-Resident Attorney to Appear in a Specific Case by Judge Cormac J. Carney granting #34 Application to Appear Pro Hac Vice by Attorney William N. Howard on behalf of defendant Keith A. Mazer, designating Ryan D. Fischbach as local counsel. (db)
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Filing 35
ORDER by Judge Cormac J. Carney: granting #33 Application to Appear Pro Hac Vice by Attorney Hillard M. Sterling on behalf of defendant Keith A. Mazer, designating Ryan D. Fischbach as local counsel. (db)
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| Filing 34 APPLICATION for attorney William N Howard to Appear Pro Hac Vice (PHV FEE PAID) filed by defendant Keith A Mazer. (db) |
| Filing 33 APPLICATION for attorney Hillard M Sterling to Appear Pro Hac Vice (PHV FEE PAID) filed by defendant Keith A Mazer. (db) |
| Filing 32 REQUEST to Dismiss Defendants Benton Becker, Ira Langenthal, Paul Simon, Jr, Larry McGee, Cleantech Biofuels Inc, Signature Stock Transfer Incorporated, Edward P Hennessy, Jr, Michael D Kime filed by Plaintiff Duluth Venture Capital Partners LLC. (Douglas, Heather) |
| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10, filed by Plaintiff Duluth Venture Capital Partners LLC.. (Douglas, Heather) |
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Filing 30
ORDER by Judge Cormac J. Carney: GRANTING Stipulation to Extend Time to Answer the Second Amended Complaint and Continue the Dates in the Court's March 11, 2009 Order: 1. The time for Defendants to file and serve a responsive pleading to the Second Amended Complaint shall be extended until July 2, 2009; and 2. The Court hereby amends its March 11, 2009 Order to continue the date for issuing a scheduling order to July 31, 2009; and 3. The parties shall hold a Rule 26 conference of counsel no later than 21 days before July 31, 2009, and file a joint report no later than 14 days after the Rule 26 conference. IT IS SO ORDERED. (rla)
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| Filing 29 STIPULATION to Continue date for issuance of scheduling order from June 26, 2009 to July 31, 2009, STIPULATION for Extension of Time to File Answer to July 2, 2009 filed by defendant Cleantech Biofuels Inc. (Attachments: #1 Proposed Order)(Menthe, Darrel) |
| Filing 28 AMENDED DOCUMENT filed by Plaintiff Duluth Venture Capital Partners LLC. Second Amended Complaint (Attachments: #1 Second Amended Complaint PART 2 (pgs 21-39), #2 Second Amended Complaint PART 3 (pgs 40-55), #3 Exhibit to Second Amended Complaint PART 4 (pgs 56-65), #4 Exhibits to Second Amended Complaint PART 5 (pgs 66-75), #5 Exhibits to SAC PART 6 (pgs 76-85), #6 Exhibits to SAC PART 7 (pgs 86-95), #7 Exhibits to SAC PART 8 (pgs 96-105), #8 Exhibits to SAC PART 9 (pgs 106-POS))(Douglas, Heather) |
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Filing 27
ORDER by Judge Cormac J. Carney, on Stipulation #26 : Court hereby orders as follows: 1. Plaintiff Duluth Venture Capital Partners, LLC shall be permitted to file a Second Amended Complaint in this action within ten days of the date hereof. 2. The Answer of Defendant Keith Mazer, currently on file, shall be deemed an Answer to the Second Amended Complaint when it is filed. 3. All other Defendants shall file and serve an Answer or other responsive pleading within 20 days of the filing and service of the Second Amended Complaint. (rla)
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| Filing 26 STIPULATION for Leave to Permit Plaintiff to File a Second Amended Complaint filed by Defendant Cleantech Biofuels Inc. (Attachments: #1 Proposed Order)(Menthe, Darrel) |
| Filing 25 AMENDED DOCUMENT filed by Plaintiff Duluth Venture Capital Partners LLC. First Amended Complaint (Attachments: #1 First Amended Complaint (Part 2), #2 First Amended Complaint (Part 3), #3 Exhibits to FAC (PART 4) pgs 56-65, #4 Exhibits to FAC (PART 5) pgs 66-75, #5 Exhibits to FAC (PART 6) pgs 76-85, #6 Exhibits to FAC (PART 7) pgs 86-95, #7 Exhibits to FAC (PART 8) pgs 96-105, #8 Exhibits to FAC (PART 9) pgs 106-POS)(Douglas, Heather) |
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Filing 24
MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: granting Motion to Dismiss #11 with Leave to Amend: Accordingly, the hearing set for April 20, 2009 at 1:30 p.m. is hereby vacated and off calendar. Plaintiff Duluth Venture Capital Partners (Duluth) concedes that the arguments in Defendants' motion to dismiss have some merit. Duluth merely requests leave to amend and file a First Amended Complaint. Therefore, the motion to dismiss is GRANTED WITH LEAVE TO AMEND. Duluth has 20 days leave to amend its complaint. Defendants have 20 days thereafter to respond. (rla)
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| Filing 23 MEMORANDUM in Opposition to MOTION to Dismiss Case (Counts 8-10 and 12-14) #11 filed by Plaintiff Duluth Venture Capital Partners LLC. (Attachments: #1 Opposition (Part 1), #2 Opposition (Part 2), #3 Exhibit to Opposition pgs 1-10, #4 Exhibit to Opposition pgs 11-20, #5 Exhibit to Opposition pgs 21-30, #6 Exhibit to Opposition pgs 31-40, #7 Exhibit to Opposition pgs 41-50, #8 Exhibit to Opposition pgs 51-55, #9 Exhibit to Opposition pgs 56-65, #10 Exhibit to Opposition pgs 66-75, #11 Exhibit to Opposition pgs 76-85, #12 Exhibit to Opposition pgs 86-95, #13 Exhibit to Opposition pgs 96-105, #14 Exhibit to Opposition pgs 106-POS)(Douglas, Heather) |
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Filing 22
ORDER by Judge Cormac J. Carney: GRANTING #10 Request for Leave to Appear of Jeffrey H. Kass for Defendant Cleantech Biofuels Inc. Darrel C Menthe designated as local counsel. (nbo)
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| Filing 21 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Jeffrey H Kass for Defendant Cleantech Biofuels Inc. (vh) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Appear Pro Hac Vice. RE: Amendment (Motion related) #17 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca) |
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Filing 19
ORDER by Judge Cormac J. Carney Granting REQUEST to Substitute attorney Darrel C. Menthe in place of attorney Kevin S. Rosen #9 . Attorney Darrel C Menthe for Cleantech Biofuels Inc added. Attorney Kevin S Rosen terminated. (nbo)
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Filing 18
ORDER by Judge Cormac J. Carney Granting REQUEST to Substitute attorney James M. Duarte in place of attorney Jehu Hand #12 . Attorney James M Duarte for and added. Attorney Jehu Hand terminated. (nbo)
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| Filing 17 Amendment to REQUEST for Leave of Jeffrey H. Kass to Appear for Pro Hac Vice #10 filed by Defendant Cleantech Biofuels Inc. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Proposed Order)(Menthe, Darrel) |
| Filing 16 Amendment to REQUEST to Substitute attorney Darrel C. Menthe in place of attorney Kevin S. Rosen (Gibson Dunn & Crutcher) #9 (Proposed Order Attached) filed by Defendant Cleantech Biofuels Inc. (Attachments: #1 Proposed Order)(Menthe, Darrel) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Appear Pro Hac Vice. Certificate of Good Standing is not attached to pro hac vice application and proposed order was not submitted as separate attachment to application. RE: REQUEST for Leave of Jeffrey H. Kass to Appear for Pro Hac Vice #10 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: E-filers must submit proposed order as attachment to request. Refer to General Order 08-02, section VI for additional information. RE: REQUEST to Substitute attorney Darrel C. Menthe in place of attorney Kevin S. Rosen (Gibson Dunn & Crutcher) #9 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (nca) |
| Filing 13 NOTICE OF INTENT TO SCHEDULE THE CASE by Judge Cormac J. Carney:( Rule 26 Meeting Report due by 6/26/2009.) (nbo) |
| Filing 12 REQUEST to Substitute attorney James M. Duarte in place of attorney Jehu Hand filed by Plaintiff Duluth Venture Capital Partners LLC. Request set for hearing on 4/6/2009 at 01:30 PM before Judge Cormac J. Carney. (Douglas, Heather) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case (Counts 8-10 and 12-14) filed by defendant Cleantech Biofuels Inc. Motion set for hearing on 4/20/2009 at 01:30 PM before Judge Cormac J. Carney. (Menthe, Darrel) |
| Filing 10 REQUEST for Leave of Jeffrey H. Kass to Appear for Pro Hac Vice filed by defendant Cleantech Biofuels Inc. (Menthe, Darrel) |
| Filing 9 REQUEST to Substitute attorney Darrel C. Menthe in place of attorney Kevin S. Rosen (Gibson Dunn & Crutcher) filed by defendant Cleantech Biofuels Inc. (Menthe, Darrel) |
| Filing 8 STIPULATION for Extension of Time to File Respond To Initial Complaint, FIRST STIPULATION Extending Time to Answer the complaint as to Benton Becker answer now due 3/10/2009; Ira Langenthal answer now due 3/10/2009; Paul Simon, Jr answer now due 3/10/2009; Larry McGee answer now due 3/10/2009; Cleantech Biofuels Inc answer now due 3/10/2009; Signature Stock Transfer Incorporated answer now due 3/10/2009; Edward P Hennessy, Jr answer now due 3/10/2009; Michael D Kime answer now due 3/10/2009, filed by Defendants Benton Becker; Ira Langenthal; Paul Simon, Jr; Larry McGee; Cleantech Biofuels Inc; Signature Stock Transfer Incorporated; Edward P Hennessy, Jr; Michael D Kime.(Young, Meryl) |
| Filing 7 Joint STIPULATION for Extension of Time to File filed by Defendants Benton Becker, Ira Langenthal, Paul Simon, Jr, Larry McGee, Cleantech Biofuels Inc, Signature Stock Transfer Incorporated, Edward P Hennessy, Jr, Michael D Kime.(Young, Meryl) |
| Filing 6 NOTICE of Related Case(s) filed by defendants Benton Becker, Ira Langenthal, Paul Simon, Jr, Larry McGee, Cleantech Biofuels Inc, Signature Stock Transfer Incorporated, Edward P Hennessy, Jr, Michael D Kime. Related Case(s): none (twdb) (lwag). |
| Filing 5 NOTICE of Related Case(s) filed by defendant Keith A Mazer. Related Case(s): none (twdb) (lwag). |
| Filing 4 JOINDER filed by Defendants Benton Becker, Ira Langenthal, Paul Simon, Jr, Larry McGee, Cleantech Biofuels Inc, Signature Stock Transfer Incorporated, Edward P Hennessy, Jr, Michael D Kime joining in Notice of Removal, #1 . (twdb) (lwag). |
| Filing 3 NOTICE of Interested Parties filed by defendants Benton Becker, Ira Langenthal, Paul Simon, Jr, Larry McGee, Cleantech Biofuels Inc, Signature Stock Transfer Incorporated, Edward P Hennessy, Jr, Michael D Kime, (twdb) (lwag). |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by defendant Keith A Mazer, (twdb) (lwag). |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 00116838 with copy of summons and complaint. Case assigned to Judge Cormac J. Carney, Discovery to Magistrate Judge Robert N. Block. (Filing fee $ 350 paid), filed by defendant Keith A Mazer.(twdb) (Additional attachment(s) added on 2/4/2009: #1 Notice of Removal-Part 2) (lwag). |
| ANSWER filed by defendant Keith A Mazer filed in Superior Court on 1/30/09 attached as exhibit 2.(twdb) |
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