Rackwise, Inc. v. Archbold
Plaintiff: Rackwise, Inc.
Defendant: Guy Archbold
Case Number: 2:2017cv00797
Filed: April 14, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
Presiding Judge: William B. Shubb
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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Date Filed Document Text
May 28, 2019 Opinion or Order Filing 154 FINAL JUDGMENT signed by Senior Judge William B. Shubb on 5/28/2019. CASE CLOSED. (Donati, J)
December 11, 2018 Opinion or Order Filing 142 ORDER signed by Senior Judge William B. Shubb on 12/11/2018 ORDERING that each party may, but is not required to, submit a Confidential Settlement Conference Statement by no later than 12:00 p.m. on 1/31/2019. Settlement Conference is set for 2/7/201 9 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Defendant shall attend the settlement counsel with or without counsel. The parties shall submit a joint status report by 2/19/2019. The Court further ordered a Status Conference set for 2/25/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, during which the court will set a new date for the jury trial. (Washington, S)
October 3, 2018 Opinion or Order Filing 138 ORDER signed by Senior Judge William B. Shubb on 10/3/2018 RESETTING the hearing on 136 Motion to Withdraw. The hearing on this motion is hereby ADVANCED to 10/15/2018, so that it be heard the same day currently set for the status conference in this case. The court notes that it previously ordered counsel for all parties and defendant Guy Archbold to personally appear at the 10/15/2018 status conference. The court reaffirms that prior order. Counsel for plaintiff, counsel for defendant, and defendant Guy Archbold shall all appear personally at the status conference and the motion hearing. (York, M)
September 14, 2018 Opinion or Order Filing 134 ORDER re 133 Randall Paulson's Request for Telephonic Appearance signed by Senior Judge William B. Shubb on 9/14/2018: The court regards the conference scheduled for 9/24/2018 to be important in that it will determine the course this case w ill take in the future, including whether Mr. Paulson will continue to represent Mr. Archibold, the issues to be determined in the next phase of the trial, and the date and length of the trial on the next phase. Under those circumstances, the court wishes counsel on both sides to appear in person at the conference. Since one of the reasons for Mr. Paulson's request is that he has an appearance in another court on that date which he was unable to reschedule, rather than allow for appearanc e by phone the court will continue the conference. IT IS THEREFORE ORDERED that the hearing presently set for September 24, 2018, is hereby CONTINUED to 10/15/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Counsel for both sides are ordered to appear in person at the conference, and defendant GUY ARCHIBOLD is ordered to appear personally at the conference as well. (Kirksey Smith, K)
September 5, 2018 Opinion or Order Filing 132 MEMORANDUM OF DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW signed by Senior Judge William B. Shubb on 9/5/2018. This matter is set for a Status Conference on 9/24/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb to discuss the jury trial and related proceedings. (Kirksey Smith, K)
July 30, 2018 Opinion or Order Filing 111 AMENDED FINAL PRETRIAL ORDER signed by Senior Judge William B. Shubb on 7/30/2018 ORDERING that by 8/1/18, counsel for defendant shall file and serve any objections to the instructions proposed by Plaintiff. By 8/8/18, counsel for Plaintiff shall fil e and serve any objections to the instructions proposed by defendant and to any proposed form of verdict. The trial is SET for 8/21/18 in Courtroom 5. A Settlement Conference is SET for 8/7/18 at 10:00 AM in Courtroom 8 before Magistrate Judge Edmund F. Brennan. A Further Pretrial Conference is SET for 8/13/2018 at 1:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Washington, S)
July 25, 2018 Opinion or Order Filing 107 ORDER signed by Senior Judge William B. Shubb on 7/25/18 ORDERING before the court are plaintiff's Proposed Modifications to Final Pretrial Order. (Docket No. 106 .) Defendant shall file a response to the Proposed Modifications stating wh ether defendant objects to any of the modifications. If defendant has any objections, defendant shall identify the specific modifications he objects to and provide the basis for each objection. The response shall be filed with five days of the date of this order.(Becknal, R)
July 12, 2018 Opinion or Order Filing 99 ORDER signed by Senior Judge William B. Shubb on 7/12/2018: Before the court is 98 Plaintiff's Notice of Waiver of Jury Trial. The court notes that defendant does not appear to have requested a jury trial in any filing before the court, and in fact specifically stated that he did not demand a jury trial in his 95 Pretrial Statement. Nevertheless, the court hereby ORDERS defendant to file a response to the Notice stating whether defendant consents to a court trial on all issues in this case. The response shall be filed within two days of the date of this order. (Kirksey Smith, K)
June 26, 2018 Opinion or Order Filing 96 ORDER signed by Senior Judge William B. Shubb on 6/25/2018 GRANTING the request of defendant's counsel to appear telephonically at the Pre-trial hearing on 7/6/2018; The CRD shall email counsel with instructions on how to participate in the telephone conference call. (Fabillaran, J)
May 22, 2018 Opinion or Order Filing 92 ORDER signed by Senior Judge William B. Shubb on 5/22/2018 DENYING 89 Defendant's Motion Requesting that the Court Abstain from Adjudicating the Present Litigation in Favor of the Nevada State Business Court Litigation. (Kirksey Smith, K)
March 27, 2018 Opinion or Order Filing 88 STIPULATION and ORDER for continuance 87 signed by Senior Judge William B. Shubb on 3/27/2018: Discovery cutoff is extended to 4/30/2018. The Pretrial Conference is reset for 7/2/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial date is reset for 8/21/2018 at 09:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
January 29, 2018 Opinion or Order Filing 85 STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/29/2018 ORDERING that the Discovery Cutoff is EXTENDED until 2/28/2018. (Becknal, R)
January 18, 2018 Opinion or Order Filing 83 ORDER signed by Senior Judge William B. Shubb on 1/18/2018 DENYING 77 Motion to Stay. (Washington, S)
January 10, 2018 Opinion or Order Filing 81 ORDER signed by Senior Judge William B. Shubb on 1/10/18: HEARING as to 77 Motion for Immediate Temporary Stay RESET for 1/22/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
January 5, 2018 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/5/18, ORDERING that the discovery cutoff is EXTENDED to 2/2/2018. (Kastilahn, A)
October 3, 2017 Opinion or Order Filing 73 ORDER signed by Senior Judge William B. Shubb on 10/3/2017 DENYING without prejudice 63 Defendant's Motion for Leave to file an amended pleading to add counterclaims. (Kirksey Smith, K)
September 22, 2017 Opinion or Order Filing 69 ORDER signed by Senior Judge William B. Shubb on 9/22/2017 GRANTING 68 Randall Paulson's Request for Telephonic Appearance on 10/2/2017 at 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call.(Kirksey Smith, K)
August 21, 2017 Opinion or Order Filing 62 ORDER signed by Senior Judge William B. Shubb on 8/21/2017 GRANTING 59 Request for Telephonic Appearance for Randall Paulson to appear at the Scheduling Conference set for 8/21/2017 at 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
August 8, 2017 Opinion or Order Filing 58 ORDER signed by Senior Judge William B. Shubb on 8/8/2017 DENYING 21 Defendant's Motion to Compel Arbitration and to Stay Action. (Kirksey Smith, K)
August 4, 2017 Opinion or Order Filing 56 ORDER signed by Senior Judge William B. Shubb on 8/4/2017 GRANTING 55 Request for Telephonic Appearance at the hearing set for 8/7/2017 at 1:30 p.m. (Washington, S)
July 28, 2017 Opinion or Order Filing 53 ORDER signed by Senior Judge William B. Shubb on 7/28/2017 MODIFYING 13 Memorandum and Order, nunc pro tunc; OTHERWISE DENYING 15 Motion for Reconsideration, 16 Motion for Clarification, 19 Motion for Contempt, Supplemental Motion for Contempt. (Michel, G.)
July 20, 2017 Opinion or Order Filing 48 ORDER signed by Senior Judge William B. Shubb on 7/20/2017 GRANTING 44 defense counsel Randall Paulson's Request to appear by telephone at the 7/24/2017 motion hearing now set for 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
July 13, 2017 Opinion or Order Filing 37 ORDER to SHOW CAUSE signed by Senior Judge William B. Shubb on 7/13/2017: IT IS ORDERED that defendant Guy Archbold appear personally before this court on 7/24/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb at the above-e ntitled court, located at 501 I Street, Sacramento, CA, 95814, to show cause why he should not be adjudged in contempt of this court's Order of 6/13/2017, and subjected to sanctions, which may include a fine, imprisonment, or both. [See document for further details.] (Kirksey Smith, K)
June 21, 2017 Opinion or Order Filing 17 ERRATA signed by Senior Judge William B. Shubb on 6/21/2017: On page 12, line 9, of this 13 court's Memorandum and Order dated 6/13/2017 the word "plaintiff" is hereby replaced with the word "defendant." IT IS SO ORDERED. (Kirksey Smith, K)
June 13, 2017 Opinion or Order Filing 13 MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 6/13/2017 GRANTING IN PART and DENYING IN PART 6 Plaintiff's Motion for Preliminary Injunction: Bond to be posted in the amount of $10,000. Plaintiff's remaining reques ts for mandatory injunctive relief are DENIED. IT IS FURTHER ORDERED that plaintiff shall file any motion to compel arbitration by 6/26/2017. Any opposition to such motion shall be filed by 7/10/2017. Any reply to such opposition shall be filed by 7/17/2017. Any hearing on such motion shall take place on 7/24/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. [See document for further details.] cc: Financial. (Kirksey Smith, K)
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Plaintiff: Rackwise, Inc.
Represented By: John Edward Brooks
Represented By: Michael Coleman
Represented By: Ognian Anguelov Gavrilov
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Defendant: Guy Archbold
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