Sacramento E.D.M., Inc., et al. v. Hynes Aviation Industries, Inc., et al.
| Sacramento E.D.M., Inc. |
| Hynes Aviation Industries, Inc., Hynes Children TF Limited and Michael K Hynes |
| 2:2013cv00288 |
| February 14, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J. Newman |
| Morrison C. England |
| Contract: Other |
| 28 U.S.C. ยง 1446 Breach of Contract- Insurance |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
178
ORDER signed by Magistrate Judge Kendall J. Newman on 1/13/2021 VACATING the Examination of Daniel M. Folk from the 1/21/2021, 10:00 a.m. calendar. (Zignago, K.)
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Filing
176
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/20 CONTINUING Judgment Debtor Exam to 1/21/2021 at 10:00 AM before Magistrate Judge Kendall J. Newman. Daniel M. Folk shall appear via video conference (Zoom) as the Court may instruct or direct for the Examination on January 21, 2021, unless the Parties stipulate to a further continuance prior to that date. No further notice of the Examination shall be required. (Kaminski, H)
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Filing
174
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/1/20 CONTINUING Judgment Debtor Exam to 11/12/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)
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Filing
172
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/20/2020. The Examination of Daniel M. Folk is CONTINUED from 8/27/2020 to 10/8/2020 at 09:30 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Daniel M. Folk shall appear via video conference (Zoom) as the Court may instruct or direct for the Examination on 10/8/2020, unless the Parties stipulate to a further continuance prior to that date. (Mena-Sanchez, L)
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Filing
170
STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/2020 CONTINUING the Examination from 6/25/2020 to 8/27/2020 at 10:00 a.m. The Examinee shall appear via video conference (Zoom) as the Court may instruct or direct, for the Examination in Courtroom 25 of this Court on 8/27/2020 at 10:00 a.m., unless the Parties stipulate to a further continuance prior to that date. (Becknal, R)
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Filing
162
ORDER FOR APPEARANCE signed by Magistrate Judge Kendall J. Newman on 3/13/2020 ORDERING Daniel M. Folk to personally appear at Judgment Debtor Exam on 5/11/2020 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Judgment Deb tor shall produce documents responsive to this order to Thomas W. Barth of Barth Daly LLP, 2810 Fifth Street, Davis, California 95618 on or before 4/13/2020. Judgment Creditor must serve this order upon Daniel Folk the agent for service of process of the Judgment Debtor personally not less than ten (10) days before the date set for the examination and must file a certificate of such service with the Court. (Zignago, K.)
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Filing
160
AMENDED JUDGMENT signed by Magistrate Judge Kendall J. Newman on 3/27/19 ORDERING that SacEDM is entitled to $48,008 in restitution against HAI with regard to the equipment leases. SacEDM is entitled to restitution in the a mount of $223,0 00 from HAI with regard to the parties' dealings concerning the US Banc judgment. HAI is entitled to damages against SacEDM of $73,262 based on SacEDM's default under equipment leases 1 through 20. In all other respects besides the amended awards set forth in sections B.1 through B. 3 herein, the Order of the Court 150 , as affirmed by the Ninth Circuit Court of Appeals, shall be the final Order of the Court, without further modification. The Clerk of the Court is directed to enter final judgment in this action in accordance with the above findings of fact, conclusions of law, and amended awards. The Clerk of Court is directed to close this case.(Mena-Sanchez, L)
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Filing
157
ORDER signed by Magistrate Judge Kendall J. Newman on 2/21/19 DIRECTING the parties to meet and confer with respect to 156 USCA Memorandum within 14 days and to each file a supplemental briefing or submit a proposed stipulated amendment within 30 days. Within 7 days of the filing of the supplemental briefing plaintiffs and defendants may each file a response to the opposing party's supplemental briefing. (Coll, A)
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Filing
150
ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/17 ORDERING that Sac EDM is entitled to $413,151.00 in restitution against HAI. Sac EDM is entitled to restitution in the amount of $162,000.00 from Hynes Children, and $89,0 00.00 from HAI. The court declares that the entire balance of the US Banc judgment was fully satisfied as to both plaintiffs in August of 2005 when Dan and Geraldine Folk paid $52,451.51 in full satisfaction of their payment obligations under t he parties' agreement that was in place prior to Hynes' fraudulent breach of his fiduciary duty. HAI is entitled to the following relief against Sac EDM: Damages amounting to $808,746.36 based on Sac EDMs breach of contract with rega rd to the operating loans HAI had extended to it, Damages amounting to $70,930.00 based on Sac EDMs default under equipment leases 10 through 20, Damages amounting to $184,750.00 based on Sac EDMs breach of its contract with HAI regarding the payment of the premiums for the life insurance policies taken out on the lives of Dan Folk and Hynes. The parties are to bear their own attorneys fees and costs. The Clerk is directed to enter final judgment. CASE CLOSED (Kastilahn, A)
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Filing
136
ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/16. Within 30 days from the date of this order, the parties shall each file their own separate proposed findings of fact and conclusions of law fully responding to all of the areas of analysis and questions set forth in this order, and a special verdict form containing all of the information described above. Within 30 days thereafter, each party may file a response to the opposing parties' submission. (Mena-Sanchez, L)
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Filing
127
ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/16. The final day of evidence presentation shall commence on Monday, 11/14/16, at 9:00 a.m. Each party shall receive three hours total to present their remaining evidence or cross examination as they see fit, within the bounds of the Federal Rules of Evidence.(Mena-Sanchez, L)
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Filing
99
ORDER signed by Magistrate Judge Kendall J. Newman on 6/17/16 ORDERING that Within fourteen (14) days of this order, defendants' counsel, Thomas Barth, shall pay the Clerk of Court $100.00 in sanctions based on his failure to timely appear at the 6/16/16 Status Conference. Defendants' counsel shall NOT directly or indirectly attempt to recover such sanctions from his clients. Failure to timely comply with this order will result in increased sanctions.(Mena-Sanchez, L)
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Filing
93
ORDER signed by Magistrate Judge Kendall J. Newman on 6/13/2016 ORDERING that the court VACATES the 6/16/2016 Final Pretrial Conference and SCHEDULES a Status Conference for that same date. The parties shall submit a joint status report by no later than 6/14/2016. (Zignago, K.)
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Filing
91
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/15 ORDERING that all law and motion, except as to discovery-related matters, shall be completed by 6/2/16. Motions to compel non-expert discovery must be heard not later than 4/7/16. Non-expert discovery shall be completed by 4/21/16. Initial expert disclosures shall be made on or before 3/4/16, and rebuttal expert disclosures shall be made on or before 4/1/16. The Final Pretrial Conference is SET for 6/16/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Jury Trial is SET for 7/11/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kastilahn, A)
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Filing
88
ORDER signed by Magistrate Judge Kendall J. Newman on 8/19/2015 ORDERING Status Conference set for 9/24/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; by no later than 7 days prior to the status conference the parties shall file a written joint status report.(Reader, L)
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Filing
86
STIPULATION and ORDER 85 allowing defendants to file a Counterclaim signed by Magistrate Judge Kendall J. Newman on 5/28/2015. Court hereby ORDERS defendants Hynes Aviation Industries, Inc. and Michael K. Hynes to file a Counterclaim in consolidated cases within 3 days of filing of this Order by Court, naming Sacramento E.D.M., Inc. and Daniel Folk as counter-defendants, in place and stead of existing First Amended Complaint, consolidated from Missouri action. (Marciel, M)
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Filing
84
ORDER signed by Chief Judge Morrison C. England, Jr., on 5/27/15 ORDERING that the Clerk reassign this case to the Honorable Kendall J. Newman. The parties shall take note that all documents hereafter filed with the Clerk shall bear case number 2:13-cv-00288-KJN. All currently scheduled dates presently set before Judge England are hereby VACATED. (Kastilahn, A)
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Filing
77
RELATED CASE ORDER relating this case with member case 2:13-cv-01674-JAM-CKD signed by Chief Judge Morrison C. England, Jr on 10/14/14. (Kaminski, H)
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Filing
75
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr on 10/1/14: Defendants' Motion for Leave to File Counterclaim and to Amend the Pretrial Scheduling Order 52 is DENIED. To the extent permitted by the Federal Rules of Civil Procedure, Defendants may move for reconsideration of the Court's Order dismissing the Missouri case. (Kaminski, H)
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Filing
74
ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2014 GRANTING 63 Motion for Protective Order. The depositions of Dr. Michael K. Hynes and Hynes Aviation Industries' person most knowledgeable shall be taken in Missouri at a date, time and location agreed upon by the parties. (Donati, J)
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Filing
72
STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr., on September 3, 2014 GRANTING the parties' request 71 to extend time to depose Defendant MICHAEL K. HYNES and Defendant HYNES AVIATION INDUSTRIES, INC. The deadline for Plaintiff to depose MICHAEL K. HYNES and Defendant HYNES AVIATION INDUSTRIES, INC. will now be Friday, October 17, 2014.(Rivas, A)
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Filing
69
STIPULATION and ORDER to seal exhibit signed by Chief Judge Morrison C. England, Jr on 8/22/14. Document sealed. Replacement document shall be redacted to eliminate private information. (Manzer, C)
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Filing
59
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 7/28/14 ORDERING that the deadline for the completion of the discovery is EXTENDED to 7/28/2014. (Kastilahn, A)
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Filing
58
STIPULATION and ORDER 47 for extension of time signed by Chief Judge Morrison C. England, Jr on 7/22/2014. The deadline for plaintiff to depose Michael K. Hynes and defendant's person most knowledgeable will now be 8/29/2014. (Marciel, M)
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Filing
33
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 10/2/13: Exhibits B and C to defendants Answer to First Amended Complaint shall be sealed and replacement Exhibits B and C shall be filed redacted to eliminate private information. (Kaminski, H)
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Filing
28
ORDER signed by Chief Judge Morrison C. England, Jr on 8/14/13 GRANTING in part and DENYING in part 19 Motion to Dismiss. Plaintiffs are directed to file an amended complaint within 20 days. (Manzer, C)
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Filing
22
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 6/5/13, ORDERING hearing on 19 Motion to Dismiss pursuant to FRCP 12(b)(6) RESET for 6/27/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Plaintiffs' opposition due by 6/13/2013. A reply, if any, is due not later than 7 days before the 6/27/13 hearing date. (Meuleman, A)
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Filing
17
MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr., on 4/8/13 ORDERING that Defendants' 6 Motion to Dismiss for Improper Venue or, in the Alternative, to Transfer is DENIED. (Kastilahn, A)
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