Travelers Casualty v. Dunmore, et al
Plaintiff: Travelers Casualty and Surety Company of America
Defendant: Sidney B. Dunmore,, Sid Dunmore Trust, Sidney B. Dunmore and DHI Development
Case Number: 2:2007cv02493
Filed: November 19, 2007
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Presiding Judge: Lawrence K. Karlton
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 23, 2019 Opinion or Order Filing 460 ORDER signed by Magistrate Judge Deborah Barnes on 12/23/2019 GRANTING 457 Motion for Order of Contempt; VACATING the 12/27/2019 hearing of Plaintiff's motion; ORDERING Defendant to provide written responses and produce documents in response to Plaintiff's discovery requests in compliance with the 10/24/2019 Order, within 28 days of the date of this Order; and ORDERING Defendant to pay Plaintiff $4,150 in sanctions, within 28 days of the date of this Order. (Henshaw, R)
October 24, 2019 Opinion or Order Filing 452 ORDER signed by Magistrate Judge Deborah Barnes on 10/23/2019 GRANTING 444 Motion to Compel and VACATING the 10/25/2019 hearing date. Within 28 days of the date of this order, defendant shall provide written responses and produce documents in response to plaintiff's discovery requests. Plaintiff's 446 application for reconsideration is DENIED. (Zignago, K.)
September 24, 2019 Opinion or Order Filing 445 ORDER signed by Magistrate Judge Deborah Barnes on 9/24/2019 ORDERING the 9/27/2019 hearing of plaintiff's 444 Motion to Compel is CONTINUED to 10/25/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Within f ourteen (14) days of the date of this order, defendant's counsel shall SHOW CAUSE in writing for failing to comply with the Local Rules. Defendant shall file an opposition or statement of non-opposition to plaintiff's motion to compel on or before 10/11/2019. Plaintiff's reply shall be filed on or before 10/18/2019. (Zignago, K.)
July 26, 2019 Opinion or Order Filing 439 ORDER GRANTING REQUEST TO SEAL signed by District Judge Troy L. Nunley on 7/25/19. (Becknal, R)
March 28, 2019 Opinion or Order Filing 430 ORDER signed by District Judge Troy L. Nunley on 3/28/19 GRANTING 427 Request to Seal Documents. The Declaration of Sidney B. Dunmore and exhibits are hereby SEALED. (Coll, A)
March 6, 2019 Opinion or Order Filing 425 SUPPLEMENTAL 399 ORDER for REPATRIATION signed by District Judge Troy L. Nunley on 3/5/2019 ORDERING that within 7 days, Defendants shall: Provide the Court and Plaintiff with a full accounting of all assets, accounts, or documents in foreign count ries currently held; File with the Court and serve on Plaintiff a full accounting of all assets, accounts, or documents that had been repatriated to the US pursuant to 399 Order for Repatriation; Hold and retain all repatriated assets, accounts, or documents and prevent any transfer, disposition, or dissipation whatsoever of any such assets or documents; and File with the Court and serve on Plaintiff all bank statements, records, or documents held by financial institutions showing that repatriated assets are located within the US. Failure to comply with this Order within 7 days will result in this Court granting 406 Motion to Surrender Passport and 419 Motion for Contempt without further notice to the parties. (Huang, H)
August 17, 2018 Opinion or Order Filing 413 ORDER signed by District Judge Troy L. Nunley on 8/16/18 DENYING 400 Motion for Reconsideration. (Kaminski, H)
January 5, 2018 Opinion or Order Filing 405 ORDER signed by District Judge Troy L. Nunley on 1/4/2018 DENYING 402 Ex Parte Application and GRANTING the request for an order shortening time for a hearing on the matter. Motion Hearing SET for 1/25/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Hunt, G)
December 11, 2017 Opinion or Order Filing 399 ORDER signed by District Judge Troy L. Nunley on 12/8/2017 GRANTING 383 Motion for Repatriation. Judgment Debtors are ORDERED to repatriate assets held overseas, sufficient to satisfy the judgment, to the United States and to notify the Court of their compliance with this order within 30 days. (Hunt, G)
May 26, 2017 Opinion or Order Filing 394 ORDER signed by Magistrate Judge Deborah Barnes on 05/25/17 ORDERING that Sidney B. Dunmore, an individual, shall appear for a Judgment Debtor Exam on 7/7/2017 at 09:30 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Benson, A)
May 25, 2017 Opinion or Order Filing 393 ORDER signed by Magistrate Judge Deborah Barnes on 05/25/17 ORDERING that Sidney B. Dunmore, as Trustee for Sid Dunmore Trust dated 02/28/03 shall appear for Judgment Debtor Examination on 7/7/2017 at 09:30 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Benson, A)
May 10, 2017 Opinion or Order Filing 385 ORDER FOR SEALING DOCUMENTS signed by District Judge Troy L. Nunley on 5/9/2017 ORDERING Exhibits 3, 4 and 5 to the Welch Dec are FILED under Seal. (Washington, S)
March 29, 2017 Opinion or Order Filing 376 JUDGMENT dated *3/29/17* signed by District Judge Troy L. Nunley on 3/27/17. (Kaminski, H)
November 9, 2016 Opinion or Order Filing 371 ORDER signed by District Judge Troy L. Nunley on 11/8/16 GRANTING 341 Motion in Limine; 342 Motion in Limine; 343 Motion in Limine; 344 Motion in Limine; 345 Motion in Limine; 346 Motion in Limine; 347 Motion in Limine; 348 Motion in Limine; 349 Motion in Limine; 350 Motion in Limine; 351 Motion in Limine; 352 Motion in Limine and DENYING 354 Motion in Limine. (Kaminski, H)
April 29, 2016 Opinion or Order Filing 339 ORDER RESCHEDULING TRIAL signed by District Judge Troy L. Nunley on 4/28/16: Bench Trial RESET for 8/29/2016 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kaminski, H)
June 3, 2015 Opinion or Order Filing 330 RELATED CASE ORDER signed by District Judge Troy L. Nunley on 6/2/2015 RELATING this case to the action denominated 2:15-cv-00336 GEB KJN; REASSIGNING said action to District Judge Troy L. Nunley and Magistrate Dale A. Drozd for all further proceedings; DIRECTING the Clerk of Court to make the appropriate adjustment in the assignment of civil cases to compensate for this reassignment and issue. (Michel, G.)
January 12, 2015 Opinion or Order Filing 320 ORDER signed by Magistrate Judge Dale A. Drozd on 1/9/2015 DENYING 312 Amended Motion to Compel as untimely. (Michel, G)
December 4, 2014 Opinion or Order Filing 313 ORDER signed by District Judge Troy L. Nunley on 12/3/14 ORDERING that Plaintiff's MOTION for Summary Judgment 268 is GRANTED in PART and DENIED in part. Plaintiff's MOTION for summary judgment as to Plaintiff's First Cause of Actio n for Breach of Contract is GRANTED. Additionally, Plaintiff's MOTION for summary judgment as to Defendant's counterclaim for breach of implied covenant of good faith and fair dealing is GRANTED. Plaintiff's MOTION for specific performance and repatriation are DENIED. Pursuant to the Court's ruling, this case will continue for the sole purpose of determining the amount of damages owed to Plaintiff. (Mena-Sanchez, L)
March 31, 2014 Opinion or Order Filing 297 ORDER signed by Magistrate Judge Dale A. Drozd on 3/28/14 ORDERING that defendant's motion for an order permitting admissions previously deemed admitted to be withdrawn and/or amended (Dkt. No. 293) is granted. (Becknal, R)
March 10, 2014 Opinion or Order Filing 294 ORDER signed by Magistrate Judge Dale A. Drozd on 3/7/14 DENYING WITHOUT PREJUDICE to defendant filing a motion seeking relief pursuant to FRCP 36(b) 266 Motion for Protective Order; GRANTING 282 Motion to Compel. Defendant shall serve his responses to plaintiff's interrogatories and requests for production of documents which were the subject of the motion to compel on or before 3/24/14. (Meuleman, A)
February 3, 2014 Opinion or Order Filing 281 ORDER signed by District Judge Troy L. Nunley on 1/31/2014 GRANTING defendant Sidney B. Dunmore's 274 Ex Parte Application for Extension of Time. The 268 Motion for Summary Judgment Hearing is CONTINUED to 5/22/2014 at 2:00 PM in Courtroom 2 (TLN). Opposition to Motion shall be filed 14 days before Hearing in accordance with Local Rule 230. (Marciel, M)
January 23, 2014 Opinion or Order Filing 279 ORDER TO SEAL signed by District Judge Troy L. Nunley on 1/22/2014 GRANTING 267 Plaintiffs Request to Seal Documents 272 ; that Exhibit B, to the Welch Declaration as Exhibit 24; and Exhibit C, to the Welch Declaration as Exhibit 25, to the Declaration of Donald J. Colucci, to be filed under SEAL. (Reader, L)
August 29, 2012 Opinion or Order Filing 258 ORDER signed by Judge Lawrence K. Karlton on 8/28/2012. A Status Conference was held on 8/27/2012. After the Hearing, Court order the following: Further Status Conference is SET for 2/25/2013 at 1:30 PM in Courtroom 4 (LKK). (Marciel, M)
August 27, 2012 Opinion or Order Filing 256 ORDER signed by Judge Lawrence K. Karlton on 8/27/12 ORDERING that defendant's 246 Motion for Reconsideration of the Magistrate Judge's ruling on plaintiff's motion for sanctions is DENIED. The defendant shall comply with the magistrate judge's ruling within 28 days. Defendant is sanctioned $8,573.43 for the costs incurred by plaintiff in defending against defendant's motion for reconsideration. Said sum shall be paid within 28 days. (Kastilahn, A)
July 24, 2012 Opinion or Order Filing 254 ORDER signed by Judge Lawrence K. Karlton on 7/23/12 ORDERING that all further dates set forth in the 3/17/11 Scheduling Order 229 are VACATED. A New Scheduling Conference is SET for 8/27/2012 at 11:30 AM. (Mena-Sanchez, L) Modified on 7/24/2012 (Mena-Sanchez, L).
February 27, 2012 Opinion or Order Filing 245 ORDER signed by Magistrate Judge Dale A. Drozd on 2/24/2012. Plaintiff's 238 Motion for Sanctions is DENIED. However, within 30 days, defendant Sidney Dunmore shall produce any bank records or communications with defendant's accountant or tax preparer, in his possession or control, reflecting receipt of federal tax refund for tax years 2003 - 2008 and amounts thereof. Social Security numbers shall be redacted from any documents produced pursuant to this Order. Any bank account numbers reflected on documents produced are subject to Stipulated Protective Order previously entered. (Marciel, M)
November 17, 2011 Opinion or Order Filing 237 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 11/16/11. (Benson, A.)
September 30, 2011 Opinion or Order Filing 235 ORDER signed by Judge Lawrence K. Karlton on 9/29/2011 DENYING 197 Motion for Reconsideration. (Michel, G)
March 2, 2011 Opinion or Order Filing 224 ORDER signed by Senior Judge Lawrence K. Karlton on 3/1/2011. Traveler's 212 Motion to Dismiss Dunmore's First, Second, Third, and Fifth Counter-Claims is GRANTED. Traveler's 212 Motion to Strike is DENIED and their 212 Motion for More Definite Statement is DENIED as MOOT. (Marciel, M)
February 17, 2011 Opinion or Order Filing 220 ORDER signed by Senior Judge Lawrence K. Karlton on February 17, 2011 re 212 MOTION to DISMISS, MOTION TO STRIKE, AND MOTION FOR A MORE DEFINITE STATEMENT filed by Travelers Casualty and Surety Company of America. Plaintiff to inform the court by 9 :00 a.m. on February 18, 2011 which five pages the court should not consider in deciding this motion. If no response is timely filed the court will not consider any arguments made in pages thirty-one through thirty-five of plaintiffs motion. (Rivas, A)
February 2, 2011 Opinion or Order Filing 218 ORDER 217 signed by Senior Judge Lawrence K. Karlton on 2/2/2011 GRANTING plaintiff's 216 Request. Defendants Beth H. Niemi, William M. Niemi, and William & Beth Niemi's 1985 Revocable Family Trust are DISMISSED with prejudice. (Marciel, M)
December 15, 2010 Opinion or Order Filing 210 ORDER signed by Senior Judge Lawrence K. Karlton on 12/14/2010 ORDERING Plaintiffs motion to dismiss Dunmore's claim for punitive damages (ECF No. 198) is GRANTED. (2) Plaintiff's motion to strike the first amended counterclaim (ECF No. 19 8) is DENIED. (3) Plaintiff's motion for a more definite statement (ECF No. 198) is GRANTED. Dunmore must file a second amended counterclaim within twenty-one (21) days of the issuance of this order. In this amendment Dunmore must provide factua l support for his alleged entitlement to the damages sought in his counterclaim. Dunmore may also add additional counterclaims that would entitle him to punitive damages. Dunmore is cautioned not to re-plead insufficient counterclaims, or to falsely plead.(Matson, R)
November 12, 2010 Opinion or Order Filing 204 ORDER signed by Senior Judge Lawrence K. Karlton on 11/10/10 ORDERING that Traveler's 196 Request to Redact is GRANTED; Travelers is instructed to mail a compact disc to the Clerk with the redacted filings in PDF format w/i 7 days; Travelers s hall include a cover memo that lists the file name of each document, a short title of the document, and the date on which the document was initially filed. The Clerk of Court shall replace the incorrectly filed documents with the properly redacted versions. (Benson, A.)
October 29, 2010 Opinion or Order Filing 195 ORDER signed by Senior Judge Lawrence K. Karlton on 10/28/10 ORDERING that the court now VACATES the hearing on the Rule 12(e) motion for a more definite statement, 181 Plaintiff is instructed to re-notice the Rule 12(e) motion for a more definite statement, if appropriate. (Becknal, R)
October 25, 2010 Opinion or Order Filing 191 ORDER signed by Magistrate Judge Dale A. Drozd on 10/23/2010 GRANTING 169 Motion to Compel. All responsive documents shall be produced within two weeks after 10/22/2010. (Zignago, K.)
October 22, 2010 Opinion or Order Filing 189 STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 10/22/10 ORDERING Niemi Defendants will dismiss their Counterclaim without prejudice;Travelers will take its Rule 12 Motion to Strike off calendar; Niemi Defendants shall have 15 cal endar days to file an amended counterclaim after the mediator selected by the parties declares in writing that mediation has been unsuccessful and settlement is not possible; and Travelers has the right to file any responsive pleading or motion with respect to any amended counterclaim filed by Niemi Defendants in accord with the terms and requirements of the FRCP. (Williams, D)
October 6, 2010 Opinion or Order Filing 180 ORDER signed by Senior Judge Lawrence K. Karlton on 10/5/10: Counsel for defendant Dunmore is SANCTIONED in the amount of one hundred and fifty ($150.00) dollars. Plaintiff's motion to strike punitive damages is GRANTED. Plaintiff's mo tion for a more definite statement is GRANTED. Defendant's request for leave to amend the answer and cross-complaint is GRANTED. Defendant has twenty-one (21) days from issuance of this order to file an amended answer and cross- complaint. (Kaminski, H)
October 4, 2010 Opinion or Order Filing 179 ORDER signed by Senior Judge Lawrence K. Karlton on 10/01/10. All dates previously set are vacated. All discovery is stayed save and except as required for mediation between the Niemi parties and plaintiff and to resolve plaintiffs pending discovery motion. A further status is set for March 14, 2011 at 1:30 p.m. (Williams, D)
September 20, 2010 Opinion or Order Filing 164 ORDER signed by Senior Judge Lawrence K. Karlton on 9/17/2010 ORDERING that Counsel for Dunmore is ORDERED TO SHOW CAUSE why sanctions should not issue, including a fine of $150 and/or dismissal of Dunmore's counterclaim. Counsel shall file a response to this Order to Show Cause by 9/24/2010. Hearing on Pltf's 154 Motion to Strike and for a More Definite Statement is CONTINUED to 10/12/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Dunmore shall file his opposition by 9/24/2010, Pltf may file a reply by 10/1/2010. (Zignago, K.)
June 24, 2010 Opinion or Order Filing 146 ORDER signed by Senior Judge Lawrence K. Karlton on 6/23/2010 ORDERING 145 Status Conference set for 9/27/2010 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The parties SHALL file updated status reports no later than 14 days before that conference. Plaintiff SHALL serve a copy of this order on the defendants added by the amended complaint. (Reader, L)
June 23, 2010 Opinion or Order Filing 145 ORDER signed by Senior Judge Lawrence K. Karlton on 6/22/10 ORDERING Travelers' motion to amend complaint 130 is GRANTED; Travelers' application to modify the scheduling order 136 is GRANTED. (Carlos, K)
August 10, 2009 Opinion or Order Filing 126 ORDER signed by Senior Judge Lawrence K. Karlton on 8/10/2009 ORDERING Plaintiff in the above-captioned matter has moved for clarification of this court's 6/5/2009 order denying summary judgment without prejudice. This motion is noticed for hear ing at 10:00 a.m. on 8/17/2009. On review of the papers, the court concludes that oral argument will not be helpful or necessary. Accordingly the hearing set for 8/17/2009 is VACATED. The deadline for submission of pltf's reply memorandum, if any, remains unchanged.(Matson, R)
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Defendant: Sidney B. Dunmore,
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Defendant: Sid Dunmore Trust
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Defendant: Sidney B. Dunmore
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Defendant: DHI Development
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Plaintiff: Travelers Casualty and Surety Company of America
Represented By: James D. Curran
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