Sinclair et al v. Fox Hollow, et al
| Richard - Sinclair, Brandon Sinclair, Gregory Mauchley, Mauctrst LLC, Capstone Trust, Stanley M Flake, Lairtrust, LLC, Capstone LLC, California Equity Management Group Inc, Andrew Katakis and Fox Hollow of Turlock Owners' Association |
| Fox Hollow of Turlock Owners Association, Diana Mauchley, Deborah Sinclair, F. Hanse Trust, The Julie Insurance Trust, Capstone LLC, Capstone Trust, Stanley M Flake, Lairtrust, LLC, Gregory Mauchley, Mauctrst LLC, Brandon Sinclair, Richard - Sinclair, GMAC Mortgage Corporation and Sinclair Enterprises, Inc. |
| California and Katakis |
| 1:2003cv05439 |
| April 4, 2003 |
| U.S. District Court for the Eastern District of California |
| Fresno Office |
| Dennis L. Beck |
| Oliver W. Wanger |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1961 Racketeering (RICO) Act |
| Both |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1247
ORDER RE: MOTION FOR RECONSIDERATION, signed by District Judge Anthony W. Ishii on 5/11/2018. (Kusamura, W)
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Filing
1238
FINDINGS OF FACT AND CONCLUSIONS OF LAW, signed by District Judge Anthony W. Ishii on 3/31/2017. (Kusamura, W)
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Filing
1219
ORDER re: 1217 Motion to Continue, signed by District Judge Anthony W. Ishii on 5/6/2016. (Kusamura, W)
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Filing
1201
ORDER re: Richard Sinclair's Request for and Extension of dates, signed by District Judge Anthony W. Ishii on 2/5/2016. (Kusamura, W)
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Filing
1199
ORDER Setting Hearing on May 10, 2016 for Default Judgment Prove-Up and Determination of Rememdies for Failure to Appear at the January 11, 2016 Hearing, Default Judgment Prove-Up and Determination of Rememdies for Failure to Appear Hearing is set for 5/10/2016 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by District Judge Anthony W. Ishii on 1/14/2016. (Kusamura, W)
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Filing
1195
Stipulation and ORDER for Dismissal Between Plaintiffs and Certain Defendants Only, signed by District Judge Anthony W. Ishii on 11/20/15. (Marrujo, C)
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Filing
1194
ORDER Setting Status Conference on January 11, 2016, signed by District Judge Anthony W. Ishii on 11/20/2015. (Status Conference set for 1/11/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. The purpose of the hearing is to determine how to proceed and to schedule a damages prove up trial. Richard Sinclair, Brandon Sinclair, and counsel for Plaintiffs are ordered to appear personally. Any other party in this case may also participate.) (Gaumnitz, R)
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Filing
1187
STIPULATION and ORDER for Dismissal between Plaintiffs and Certain Defendants Only, signed by District Judge Anthony W. Ishii on 9/4/15. Defendants Stanley M. Flake, Stanley M. Flake, as Trustee of the Julie Insurance Trust, Stanley M. Flake, as Trustee of the Capstone Trust, and Stanley Flake, as Trustee of the F. Hanse Trust Dismissed. (Verduzco, M)
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Filing
1184
ORDER Re: 1083 Motion for New Trial, signed by District Judge Anthony W. Ishii on 8/24/2015. (Richard Sinclair's motion is DENIED.) (Gaumnitz, R)
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Filing
1182
STIPULATION and ORDER for release of hold on funds held by The Vanguard Group. Signed by Magistrate Judge Stanley A. Boone on 7/29/2015. (Hernandez, M)
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Filing
1180
ORDER Following Settlement; Vacating Dates and Directing Parties to File Dispositive Documents within 70 days. Signed by Magistrate Judge Stanley A. Boone on 7/20/2015. (Hernandez, M)
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Filing
1092
Notice of Order Modifying Bankruptcy Stay and Request to Set Status Conference and ORDER, signed by District Judge Anthony W. Ishii on 5/11/2015. (The Court hereby sets a status conference for 6/4/2015 at 10:00 a.m. in Courtroom 2 to set a hearing date to determine damages against Defendants. The Pretrial Conference previously scheduled for 6/3/2015 at 8:30 a.m. is rescheduled for 6/4/2015 at 10:00 a.m. in Courtroom 2 before District Judge Anthony W. Ishii.) (Gaumnitz, R)
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Filing
1079
ORDER Staying all Poceedings in This Matter Against Richard Sinclair, signed by District Judge Anthony W. Ishii on 11/26/2014. (All proceedings in this matter against Defendant Richard Sinclair are HEREBY STAYED pursuant to Section 362(a).)(Gaumnitz, R)
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Filing
1077
ORDER Re: 1015 Motion for Entry of Final Judgment, signed by District Judge Anthony W. Ishii on 11/18/2014. (Gaumnitz, R)
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Filing
1070
ORDER Adopting 1060 Findings and Recommendations, signed by District Judge Anthony W. Ishii on 09/25/14. Order Applies to ECF Nos. 1027-28, 1030, 1032-36, 1043, 1044, 1045, 1046-47, 1048-1050, 1052, 1053-54, 1060, 1061, 1062. (Gonzalez, R)
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Filing
1060
FINDINGS and RECOMMENDATIONS recommending DENYING Richard Sinclair's Motion to Amend the Scheduling Order and Stanley Flake's Motion to Amend the Scheduling Order and Granting Plaintiff's Motion for Sanctions. Objections due within 14 days. The matter is referred to U.S. District Judge Ishii. Signed by Magistrate Judge Stanley A. Boone on 8/29/2014. (Hernandez, M)
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Filing
1042
ORDER on Stipulation to CONTINUE MOTION HEARING DATE, signed by Magistrate Judge Stanley A. Boone on 7/17/2014. Motion Hearing CONTINUED to 8/27/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; Status Conference ADVANCED to 8/27/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Marrujo, C)
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Filing
1039
ORDER Denying Plaintiff's Motion For Change Of Hearing (ECF No. 1038 ), signed by Magistrate Judge Stanley A. Boone on 7/3/2014. It is hereby ORDERED that Richard Sinclair's ex parte motion to change the hearing date is DENIED without prejudice. The hearing shall remain set for July 30, 2014 at 10:00 a.m. in Department 9. (Fahrney, E)
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Filing
1023
ORDER vacating hearing date of May 12, 2014 and taking matter under submission. signed by District Judge Anthony W. Ishii on 5/8/14. (Nazaroff, H)
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Filing
1014
ORDER ; granting 901 Motion to Strike ; denying 905 Motion for Sanctions; denying 911 Motion to Amend the Complaint; granting 921 Motion for Judgment; denying 932 Motion ; denying 943 Motion ; denying 973 Motion for Sanctions; denying 993 Motion for Sanctions; denying 1002 Motion for Sanctions signed by District Judge Anthony W. Ishii on 3/28/14. (Nazaroff, H)
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Filing
1013
STIPULATION And ORDER Re: (1) Pending Motion For Order Altering Or Amending Order Dismissing Claims Against Mauctrst, LLC And Application For Reconsideration (Docket #s 897 , 900 ); And (2) Entry Of Default Against Mauctrst, LLC, signed by District Judge Anthony W. Ishii on 3/17/2014. (Fahrney, E)
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Filing
1011
ORDER re Conditional Settlement re 1009 , signed by Magistrate Judge Stanley A. Boone on 3/3/14. Dispositional Documents Due April 1, 2014. (Gonzalez, R)
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Filing
1008
ORDER vacating hearing date of January 6, 2014 and taking matter under submission. signed by District Judge Anthony W. Ishii on 1/2/14. (Nazaroff, H)
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Filing
991
ORDER VACATING the October 21, 2013, hearing on plaintiffs' motion for sanctions, document 973 . The Court deems the matter suitable for decision without oral argument and, as such, no party shall appear at that time. Order signed by District Judge Anthony W. Ishii on 10/17/2013. (Rooney, M)
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Filing
976
ORDER vacating hearing on September 9, 2013 and taking matter under submission. signed by District Judge Anthony W. Ishii on 9/4/13. (Nazaroff, H)
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Filing
941
ORDER VACATING HEARING DATE of July 15, 2013 re Motion for Judgment on the Pleadings (Doc. 921 ), Signed by District Judge Anthony W. Ishii on 7/10/2013. Matter taken under submission; no party shall appear at this time. (Arellano, S.)
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Filing
936
ORDER vacating hearing date of July 8, 2013 and taking matter under submission signed by District Judge Anthony W. Ishii on 7/2/13. (Nazaroff, H)
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Filing
928
ORDER vacating hearing on June 24, 2013 and taking the matter under submission. signed by District Judge Anthony W. Ishii on 4/20/13. (Nazaroff, H)
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Filing
920
ORDER vacating hearing date of June 17, 2013 and requesting additional briefing signed by District Judge Anthony W. Ishii on 6/14/13. (Nazaroff, H)
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Filing
892
ORDER Re: Motion For Judgment On The Pleadings, signed by District Judge Anthony W. Ishii on 4/12/2013. (Fahrney, E)
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Filing
891
ORDER Re: 866 Motion to Strike and for Sanctions, signed by District Judge Anthony W. Ishii on 4/5/13. Granted. (Gonzalez, R)
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Filing
888
ORDER re: motion for Judicial Estoppel and Equitable Estoppel signed by District Judge Anthony W. Ishii on 3/29/13. (Nazaroff, H)
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Filing
885
ORDER vacating hearing date of January 7, 2013 and taking matter under submission. signed by District Judge Anthony W. Ishii on 1/2/2013. (Nazaroff, H)
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Filing
879
ORDER DENYING Ex Parte Motion to Continue All Matters for Ninety Day, signed by District Judge Anthony W. Ishii on 12/21/12. (Hellings, J)
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Filing
876
ORDER STRIKING FILING (Doc. 874 ) signed by District Judge Anthony W. Ishii on 12/17/2012. (Jessen, A)
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Filing
860
ORDER RE: MOTIONS (Docs. 540 , 550 , 742 , 745 , 756 , 759 , 784 , 785 , 799 ), Signed by Chief Judge Anthony W. Ishii on 9/27/2012. Document 723 is ordered STRICKEN from the record; Documents 471 , 773 are ordered STRICKEN from the record. Lairtrust is GRANTED LEAVE TO AMEND. Any amended Counterclaim must be filed within thirty (30) days of the filing of this order; Richard Sinclair, Brandon Sinclair, Lairtrust, and Capstone are ORDERED to fully respond to the Request for Production in compliance with Judge Becks orders within thirty (30) days of the filing of this order. (Arellano, S.)
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Filing
859
ORDER VACATING hearing date of September 17, 2012 and taking matter under submission, signed by Chief Judge Anthony W. Ishii on 9/13/2012. (Figueroa, O)
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Filing
834
ORDER VACATING the 2/21/2012 hearing on plaintiffs' Motion to Strike the First Amended Counterclaim, document 799 , and taking it under submission without oral argument as of said date; order signed by Chief Judge Anthony W. Ishii on 2/16/2012. (Rooney, M)
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Filing
807
ORDER setting hearing dates and referring matter to Magistrate Judge Beck signed by Chief Judge Anthony W. Ishii on 10/26/2011. (Nazaroff, H)
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Filing
806
PROTECTIVE ORDER Regarding Production of Documents by Stanley Flake, Capstone Trust and the Julie Insurance Trust signed by Magistrate Judge Dennis L. Beck on 10/12/2011. (Sant Agata, S)
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Filing
798
ORDER Denying Stanley Flake's Motion To Compel As Moot (Document 658 ), signed by Magistrate Judge Dennis L. Beck on 9/28/2011. (Fahrney, E)
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Filing
783
ORDER GRANTING ex parte application to extend time for deposition of Gregory Mauchley. Order signed by Magistrate Judge Beck on 9/16/2011. (Hernandez, M)
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Filing
763
ORDER re: 621 Motion for Reconsideration, 645 Motion to Dismiss, 654 Motion for Reconsideration, 659 Motion signed by Senior Judge Oliver W. Wanger on 9/8/2011. (Kusamura, W)
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Filing
761
ORDER DENYING 758 Defendants' Ex Parte Request for an extension of time. Order signed by Magistrate Judge Dennis L. Beck on 9/7/2011. (Hernandez, M)
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Filing
755
ORDER GRANTING, in part, defendants' Ex Parte Requests for Extension of Time, documents 753 and 754 . Defendants shall produce ALL RESPONSES to discovery no later than Wednesday, 9/7/2011. Defendants are FURTHER ORDERED to begin producing responses that are ready for production immediately; order signed by Magistrate Judge Dennis L. Beck on 9/1/2011. (Rooney, M)
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Filing
748
Stipulation Resolving Motion to Compel Deposition of Gregory Machley 694 Motion Granted; Ex Parte Application to Extend Time for Deposition of Gregory Machley; and ORDER Thereon, signed by Magistrate Judge Dennis L. Beck on 8/23/11. (Gonzalez, R)
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Filing
727
ORDER Granting Plaintiff's 614 Motion to Compel, signed by Magistrate Judge Dennis L. Beck on 8/10/11. (Gonzalez, R)
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Filing
724
ORDER VACATING Court's August 3, 2011 Order 716 and Order GRANTING defendant's Request to continue hearing in part 710 . The Court will ADVANCE the hearing on the Order to Show Cause to 8/11/2011 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Mr. Sinclair is ordered to appear. Order signed by Magistrate Judge Dennis L. Beck on 8/5/2011. (Hernandez, M)
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Filing
716
ORDER DENYING Defendant's 710 Application to Continue Hearing; ORDER to Take Hearing off Calendar, signed by Magistrate Judge Dennis L. Beck on 08/2/2011. (Martin-Gill, S)
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Filing
683
ORDER STRIKING Documents Filed In Violation of Court Orders 654 and 655 , signed by Judge Oliver W. Wanger on 07/19/2011. (Martin-Gill, S)
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Filing
679
ORDER requiring further briefing signed by Magistrate Judge Dennis L. Beck on 7/12/2011. ( Filing Deadline: 7/25/2011).(Lundstrom, T)
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Filing
667
ORDER GRANTING the CEMG/Fox Hollow Parties' 485 Motion for More Definite Statement of Counterclaim of Lairtrust, LLC signed by Judge Oliver W. Wanger on 7/6/2011. (Lairtrust, LLC shall file an Amended Counterclaim by: 8/7/2011) (Figueroa, O)
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Filing
644
MEMORANDUM DECISION Regarding Defendant's 485 Motion For a More Definite Statement, signed by Judge Oliver W. Wanger on 6/27/2011. (1) Plaintiffs motion for a more definite statement is GRANTED; 2) Plaintiffs shall file a form of order consistent with this decision within five (5) days of electronic service of this decision; and 3) Lairtrust shall file an amended counterclaim within thirty (30) days.) (Gaumnitz, R)
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Filing
643
ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed Under Rule 11, signed by Magistrate Judge Dennis L. Beck on 6/24/11: Plaintiff SHALL APPEAR on 8/12/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck; Mr. Sinclair's written response to OSC due by 7/29/2011. (Hellings, J)
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Filing
640
ORDER GRANTING the CEMG/FOX Hollow Parties' 478 Motion For Partial Summary Judgment Re Cross-Complaint Claims Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of the State Court Sction, signed by Judge Oliver W. Wan ger on 6/24/2011. (The CEMG/Fox Hollow Parties' Motion for Partial Summary Judgment Re Cross-Complaint Claims Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of the State Court Action is GRANTED; and The claims of Defendants and Cross-Complainants RICHARD SINCLAIR, BRANDON SINCLAIR, and GREGORY MAUCHLEY against the CEMG/Fox Hollow Parties arising out of any ownership interest in Lot 1 at Fox Hollow during and after trial of the state court action are dismissed.) (Gaumnitz, R)
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Filing
626
MEMORANDUM DECISION Regarding 478 Motion For Summary Judgment, signed by Judge Oliver W. Wanger on 6/13/2011. (Plaintiffs motion for summary judgment is GRANTED; Plaintiffs shall file a form of order consistent with this memorandum decision within five (5) days of electronic serviceof this decision.)(Gaumnitz, R)
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Filing
618
ORDER GRANTING 617 Substitution of Attorney; IT IS FURTHER ORDERED that MAUCTRST, LLC, CAPSTONE, LLC and LAIRTRUST, LLC file proof of attorney representation within 10 days, signed by Judge Oliver W. Wanger on 06/07/2011. Attorney Steven Ralph Stoker terminated. (Martin-Gill, S)
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Filing
613
ORDER Granting Plaintiff's 571 Motion to Compel; ORDER Imposing Monetary Sanctions signed by Magistrate Judge Dennis L. Beck on 06/03/2011. (Flores, E)
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Filing
609
STIPULATED PROTECTIVE ORDER Re Union Bank; Chicago Title; and Budget Finance Company Documents, signed by Judge Oliver W. Wanger on 6/1/2011. (Gaumnitz, R)
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Filing
579
ORDER GRANTING plaintiffs' ex parte request to set a hearing date to establish a protective order, document 577 . The Court sets an in-court hearing for 5/27/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck with the parties to file a joint statement by 5/24/2011; order signed by Magistrate Judge Dennis L. Beck on 5/16/2011. (Rooney, M)
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Filing
576
ORDER GRANTING The CEMG/Fox Hollow Parties': (1) Motion to Sever and Stay Balance of Cross Complaint 477 ; and (2) Motion to Sever and Stay Counterclaim by Lairtrust, LLC 480 , signed by Judge Oliver W. Wanger on 5/11/2011. (Gaumnitz, R)
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Filing
570
ORDER DENYING 515 518 524 Defendant's Motions To Quash Subpoenas Issued To Union Bank of California, Chicago Title and Budget Finance Company; ORDER DENYING 521 Defendant's Motion to Quash Subpoena issued to Fidelity National Title Company AS MOOT. Order signed by Magistrate Judge Dennis L. Beck on 5/6/2011. (Hernandez, M)
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Filing
551
ORDER Resetting Hearing on Motion For Partial Summary Judgment, signed by Judge Oliver W. Wanger on 4/29/2011. (Hearing on the Motion for Partial Summary Judgment is reset to 5/2/2011 at 10:00 a.m. in Courtroom 3.) (Gaumnitz, R)
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Filing
543
Courtroom Decorum. (Gaumnitz, R)
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Filing
535
ORDER GRANTING Plaintiffs' Ex Parte Request to Advance Hearing Date signed by Magistrate Judge Dennis L. Beck on 4/8/2011. Motion to Quash Hearing set for 4/29/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Sant Agata, S)
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Filing
476
ORDER Granting in part Cross Defendant's 434 Motion to Dismiss Cross-Complaint, or in the Alternative, sever and stay Cross-Complaint, signed by Judge Oliver W. Wanger on 2/1/2011. (Kusamura, W)
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Filing
473
MEMORANDUM DECISION Regarding Plaintiffs' Motion to Dismiss, or in the Alternative, Sever and Stay Defendants' Cross-Complaint (Docs. 431 432 ), signed by Judge Oliver W. Wanger on 1/20/2011. (Gaumnitz, R)
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Filing
466
EX PARTE APPLICATION TO TAKE (January 19, 2011)SETTLEMENT CONFERENCE OFF CALENDAR TO BE LATER RE-SET; AND ORDER THEREON, signed by Magistrate Judge Dennis L. Beck on 01/06/2011. (Martin, S)
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Filing
463
ORDER DENYING 410 422 Motion to Dismiss brought by Defendants Mauctrst, LLC, Lairtrust, LLC and Capstone, LLC signed by Judge Oliver W. Wanger on 1/3/2011. (Figueroa, O)
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Filing
461
MEMORANDUM DECISION Regarding Defendants' 422 Motion to Dismiss, signed by Judge Oliver W. Wanger on 12/20/2010. (Gaumnitz, R)
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Filing
447
ORDER re Ex Parte Application for Correction of Typographical Error In Date In Supplemental Scheduling Conference Order Filed August 20, 2010 (Doc. 442 ), Signed by Judge Oliver W. Wanger on November 3, 2010. The parties shall file their initial disclosures on or before November 10, 2010. (Arellano, S.)
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Filing
409
ORDER GRANTING 337 & 356 Motion to Amend and VACATING ORal Argument set for 7/26/2010, signed by Judge Oliver W. Wanger on 7/20/2010. (Kusamura, W)
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Filing
389
ORDER setting hearing Re: Richard Sinclair's Exparte Application for Extension of Time for 5/10/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 5/5/2010. (Kusamura, W)
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Filing
371
ORDER Re: Hearing on Order to Show Cause and 333 Motion to Withdraw as Attorney of Record signed by Judge Oliver W. Wanger on 3/9/2010. (Filing of all Substitutions of Counsel Deadline: 4/30/2010; Scheduling Conference Statement Deadline: 5/11/2010; Scheduling Conference set for 5/19/2010 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Motion to Amend Hearing set for 6/1/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)
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Filing
362
ORDER Re: Motion To Withdraw As Counsel; Counter-Motion For Leave To File Consolidated Amended And Supplemental Complaint, Proposed Substitution Of Attorney And Ex Parte Applications To Continue All Dates Including Trial Date; And Order to Show Cause To Individual Defendants Re Same, signed by Judge Oliver W. Wanger on 2/8/2010. Status Conference set 3/1/2010 at 11:00AM in Courtroom 3 before Judge Wanger. Settlement Conference set 2/12/2010 before Magistrate Judge Beck is VACATED. (Gaumnitz, R) Modified on 2/8/2010 (Gaumnitz, R).
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Filing
353
ORDER VACATING 347 Order Substituting Attorney signed by Judge Oliver W. Wanger on 1/19/2010. (Bradley, A)
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