AGK Sierra de Montserrat, L.P. v. Comerica Bank
| AGK Sierra de Montserrat, L.P. |
| Comerica Bank |
| 2:2015cv01280 |
| June 15, 2015 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Placer |
| Dale A. Drozd |
| Kimberly J. Mueller |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
154
ORDER signed by District Judge Dale A. Drozd on 03/19/25 GRANTING 139 Motion for Attorney Fees and AWARDING $1,394,298.50 in fees and $10,345.51 in costs. Plaintiff's 141 Motion for Post-Judgment Interest is GRANTED and Plaintiff is AWARDED post-judgment interest on the amount of $1,514,236.93 in damages accruing at the applicable rate of 4.68% to begin accruing from the date of entry of judgment. (Deputy Clerk VLC)
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Filing
149
ORDER signed by District Judge Dale A. Drozd on 01/16/25 ORDERING parties to file simultaneous supplemental briefing by 01/27/25, addressing the following issues: 1. Whether, should the court determine that plaintiff's motion is not timely, that untimeliness was a result of "excusable neglect;" and 2. Whether performance of the Assignment of Declarant Rights was an express condition of the Purchase and Sale Agreement. (Deputy Clerk AJB)
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Filing
134
ORDER signed by District Judge Dale A. Drozd on 05/19/23 GRANTING 129 Motion to stay execution of the judgment and to approve its proposed supersedeas bond and APPROVING [129-2 & 5-7] Defendant's proposed supersedeas bond. Any proceedings to execute the judgment in this action are STAYED. (Licea Chavez, V)
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Filing
118
FINDINGS of FACT and CONCLUSIONS of LAW signed by District Judge Dale A. Drozd on 1/27/2023 FINDING that Commerica Bank BREACHED its contract with AGK. The court AWARDS AGK $2,660,574.17 in damages and $216,720.19 in prejudgment interest for total amount of $2,877,294.36. CASE CLOSED. (Donati, J)
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Filing
84
FINAL PRETRIAL ORDER signed by Chief District Judge Kimberly J. Mueller on 1/25/22 SETTING the Bench Trial for 4/26/2022 at 09:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. Trial is anticipated to last three to five days. (Kastilahn, A)
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Filing
77
ORDER to SHOW CAUSE signed by Chief District Judge Kimberly J. Mueller on 11/8/2021 ORDERING Comerica Bank to show cause why the court should not impose sanctions in the amount of $250 for its failure to comply with the court's previous o rder. Any response shall be filed within 14 days. The court also VACATES the Final Pretrial Conference and RESETS it for for 1/21/2022 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The parties shall file a Joint Pretrial Statement three weeks prior to the Final Pretrial Conference.(Mena-Sanchez, L)
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Filing
75
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/19/21 ORDERING that Final Pretrial Conference RESET for 11/18/2021 at 02:30 PM before Chief District Judge Kimberly J. Mueller. The November 18, 2021 hearing will proceed by video conferencing through the Zoom application. (Kaminski, H)
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Filing
56
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/31/2020 DENYING 44 Motion for Summary Judgment; SETTING a Final Pretrial Conference for 10/16/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller; and DIRECTING the parties to meet and confer and file a joint status report 14 days prior to the final pretrial conference. (Coll, A)
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Filing
43
STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 3/25/19 court lifts the STAY and SETS the following schedule: Fact Discovery Cutoff due 8/2/19; Expert Disclosures due 8/30/19; Rebuttal Expert Disclosures du e 9/27/19; Completion of Expert Discovery due 11/1/19; Dispositive Motions Hearing set for 12/6/19 at 10:00 a.m. in Courtroom No. 3. The court will set a Final Pretrial Conference date after the resolution of any dispositive motions, or passage of the dispositive motion cutoff, with a trial date being determined at the pretrial conference. The parties should be prepared to confirm a trial date within 60 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly.(Becknal, R)
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Filing
30
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/9/2017 ORDERING that this action shall remain stayed in its entirety through 10/2/2017; A Joint Conference Statement is due by 11/2/2017; The 5/11/2017 Status Conference is VACATED and a Scheduling Conference is SET for 11/9/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Washington, S)
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Filing
27
STIPULATION AND ORDER TO STAY ACTION signed by District Judge Kimberly J. Mueller on 10/12/16, ORDERING that this action is STAYED in its entirety through 5/5/2017. The current trial date and all other dates in the Court's 11/5/2015 Scheduling Order are VACATED. The parties are to file a joint status report on 5/4/2017, or within seven(7) days of the end of the Westwood action, whichever occurs first. A Status Conference is SET for 5/11/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kastilahn, A)
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Filing
25
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/15/16 ORDERING for good cause shown in the parties' stipulation, the request to continue is approved. All fact discovery shall be completed by October 17, 2016. The balance of the status (pretrial scheduling) order, ECF No. 11 , remains in effect. (Becknal, R)
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Filing
22
AMENDED ORDER TO PROTECT CONFIDENTIAL INFORMATION signed by District Judge Kimberly J. Mueller on 7/22/2016. (Zignago, K.)
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Filing
18
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/22/16 ORDERING that Westwood Montserrat Ltd.'s MOTION to INTERVENE 15 shall be CONTINUED from 7/1/16 to 7/29/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Mena-Sanchez, L)
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Filing
14
ORDER to PROTECT CONFIDENTIAL INFORMATION signed by Judge Kimberly J. Mueller on 11/23/2015. (Donati, J)
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| Defendant: Comerica Bank | |
| Represented By: | Frank R. Perrott |
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| Plaintiff: AGK Sierra de Montserrat, L.P. | |
| Represented By: | Thomas J. Gorry, NCAED |
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