Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al
Plaintiff: Dollar Tree Stores, Inc.
Defendant: Toyama Partners, LLC, Comerica Bank, Peter Pau d/b/a Sand Hill Property Company, Peter Pau, Susanna Pau, Sand Hill Property Management Company and Capella-Mowry, LLC
Case Number: 3:2010cv00325
Filed: January 22, 2010
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: XX US, Outside State
Presiding Judge: Susan Illston
Referring Judge: Nandor J Vadas
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 14, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2012 Opinion or Order Filing 631 Order by Hon. Susan Illston granting #630 Joint Stipulation of Dismissal with Prejudice and Retaining Jurisdiction to Enforce Settlement Agreement.(tmi, COURT STAFF) (Filed on 8/14/2012)
August 14, 2012 Filing 630 STIPULATION WITH PROPOSED ORDER /Joint Stipulation of Dismissal with Prejudice and Order Retaining Jurisdiction to Enforce Settlement Agreement filed by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 8/14/2012)
August 8, 2012 Filing 629 Minute Entry: Settlement Conference held on August 7, 2012 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 8/8/2012). (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 8/8/2012)
July 24, 2012 Opinion or Order Filing 628 ORDER DISMISSING CASE with dismissal upon settlement. Within 90 days from the date hereof, that settlement has not in fact occurred, the foregoing order shall be vacated and this cause shall forthwith be restored to the calendar for further proceedings. Signed by Judge Susan Illston on 7/20/12. (tfS, COURT STAFF) (Filed on 7/24/2012) Modified on 7/25/2012 (ysS, COURT STAFF).
July 20, 2012 Filing 627 Minute Entry: Settlement Conference held on July 19, 2012 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 7/20/2012). Case settled. (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 7/20/2012)
July 20, 2012 TRIAL VACATED DUE TO SETTLEMENT (tfS, COURT STAFF) (Filed on 7/20/2012)
July 18, 2012 Filing 626 Declaration of Mark V. Isola Submitting Informed Written Consents of Defendants for Trial Counsel to be Witnesses filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rehon, Peter) (Filed on 7/18/2012)
July 18, 2012 Filing 625 NOTICE by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC Notice of Filing of Proposed Questions for Jury Voir Dire (Attachments: #1 Exhibit A)(Olson, Tyler) (Filed on 7/18/2012)
July 18, 2012 Opinion or Order Filing 624 ORDER Authorizing Access and Use of Equipment at Trial by Dollar Tree Stores, Inc.. Signed by Judge Susan Illston on 7/17/12. (tfS, COURT STAFF) (Filed on 7/18/2012)
July 18, 2012 Filing 623 Ex Parte Application of Defendants/Crossclaimants to File Under Seal the Informed Written Consents for Trial Counsel to be Witnesses filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Proposed Order Granting Defendants/Crossclaimants' Ex Parte Application Allowing Filing Under Seal the Informed Written Consents for Trial Counsel to be Witnesses)(Rehon, Peter) (Filed on 7/18/2012)
July 18, 2012 Opinion or Order Filing 622 ORDER DENYING PLAINTIFF'S MOTION TO COMPEL AND DENYING PLAINTIFFS MOTION TO SHORTEN TIME #617 #619 (Illston, Susan) (Filed on 7/18/2012)
July 17, 2012 THIS IS A DOCKET TEXT ENTRY ONLY, THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE.The motion to compel has been taken off calendar as it was set in error. No hearings are automatically scheduled on shorten time without leave of Court. (tfS, COURT STAFF) (Filed on 7/17/2012)
July 16, 2012 Filing 621 RESPONSE (re #619 MOTION to Shorten Time for Consideration of Motion to Compel Production of Financial Information Pursuant to Local Rule 6-3 ) Defendants/Counterclaimants' Memorandum of Points and Authorities in Opposition to Dollar Tree Stores, Inc.'s Motion to Shorten Time for Consideration of Motion to Compel Production of Financial Information Pursuant to Local Rule 6-3 filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Olson, Tyler) (Filed on 7/16/2012)
July 16, 2012 Filing 620 Declaration of Jay D. Marinstein in Support of #619 MOTION to Shorten Time for Consideration of Motion to Compel Production of Financial Information Pursuant to Local Rule 6-3 filed byDollar Tree Stores, Inc.. (Related document(s) #619 ) (Marinstein, Jay) (Filed on 7/16/2012)
July 16, 2012 Filing 619 MOTION to Shorten Time for Consideration of Motion to Compel Production of Financial Information Pursuant to Local Rule 6-3 filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 7/16/2012)
July 16, 2012 Filing 618 Declaration of Jay D. Marinstein in Support of #617 MOTION to Compel Production of Documents Relating to Defendant Peter Pau's Financial Information filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #617 ) (Marinstein, Jay) (Filed on 7/16/2012)
July 16, 2012 Filing 617 MOTION to Compel Production of Documents Relating to Defendant Peter Pau's Financial Information filed by Dollar Tree Stores, Inc.. Motion Hearing set for 7/17/2012 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 7/18/2012. Replies due by 7/18/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 7/16/2012)
July 16, 2012 Opinion or Order Filing 616 NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 7/19/2012 09:30 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Signed by Magistrate Judge Jacqueline Scott Corley on 7/16/2012. (ahm, COURT STAFF) (Filed on 7/16/2012)
July 16, 2012 Filing 615 Minute Entry: Telephone Scheduling Conference held on July 13, 2012 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 7/16/2012). (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 7/16/2012)
July 16, 2012 Filing 614 Proposed Order Authorizing Access and Use of Equipment at Trial by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 7/16/2012)
July 16, 2012 Disregard 8/6/12 Jury Selection (tfS, COURT STAFF) (Filed on 7/16/2012)
July 16, 2012 Set/Reset Hearing Jury Selection set for 8/6/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 7/16/2012)
July 13, 2012 Filing 613 CASE REFERRED to Magistrate Judge Magistrate Judge Jacqueline Scott Corley for Settlement (tfS, COURT STAFF) (Filed on 7/13/2012)
July 13, 2012 Filing 612 Transcript of Proceedings held on 07/12/2012, before Judge Susan Illston. Court Reporter/Transcriber Lydia Zinn, Telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/11/2012. (Zinn, Lydia) (Filed on 7/13/2012)
July 13, 2012 Set/Reset Hearing Jury Trial set for 7/24/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 7/25/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 7/26/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 7/30/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 7/31/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 8/1/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 8/2/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 7/13/2012)
July 13, 2012 Set/Reset Hearing Jury Trial set for 8/6/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Jury Trial set for 8/7/2012 08:30 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 7/13/2012)
July 12, 2012 Filing 611 FINAL PRETRIAL SCHEDULING ORDER #476 #477 #478 #479 #480 #481 #482 #483 #484 #485 #487 #488 #489 #490 #491 #492 #493 #494 #495 #496 #497 #498 #499 #500 #501 #503 #504 #505 #506 #507 #508 #509 #510 #511 #513 #514 #515 #598 #603 (Illston, Susan) (Filed on 7/12/2012)
July 12, 2012 Filing 610 Minute Entry: Pretrial Conference (Date Filed: 7/12/2012). A Pretrial Order will issue. All motions in-limine were ruled on the record.Eight trial jurors will be selected for the trial.The Court will refer this case to a local magistrate-judge for settlement before the trial date of July 23, 2012.(Court Reporter Lydia Zinn.) (tfS, COURT STAFF) (Date Filed: 7/12/2012)
July 10, 2012 Filing 609 RESPONSE (re #598 MOTION for Clarification and/or to Conform the Pleadings to the Evidence ) Defendants/Counterclaimants' Memorandum of Points and Authorities in Opposition to Plaintiff's Motion for Clarification and/or to Conform the Pleadings to the Evidence filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 7/10/2012)
July 10, 2012 Filing 608 RESPONSE (re #603 MOTION for Leave to File Sur-Replies in Further Opposition to Defendants' Motions in Limine ) Defendants/Counterclaimants' Opposition to Motion for Leave to File Sur-Replies in Further Opposition to Defendants' Motions in Limine filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 7/10/2012)
July 10, 2012 Filing 607 Declaration of Jay D. Marinstein in Support of #606 Reply filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, Part 1 of 2, #4 Exhibit 3, Part 2 of 2)(Related document(s) #606 ) (Marinstein, Jay) (Filed on 7/10/2012) Modified on 7/10/2012 (ysS, COURT STAFF).
July 10, 2012 Filing 606 REPLY (re #479 MOTION in Limine to Exclude Argument that Undercapitalization Must Be Analyzed at Time of Incorporation ) filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 7/10/2012)
July 9, 2012 Filing 605 NOTICE by Dollar Tree Stores, Inc. re #598 MOTION for Clarification and/or to Conform the Pleadings to the Evidence /Notice of Filing of Amended Motion for Clarification and/or to Conform the Pleadings to the Evidence (Attachments: #1 Exhibit 1)(Marinstein, Jay) (Filed on 7/9/2012)
July 9, 2012 Filing 604 Declaration of Jay D. Marinstein in Support of #603 MOTION for Leave to File Sur-Replies in Further Opposition to Defendants' Motions in Limine filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #603 ) (Marinstein, Jay) (Filed on 7/9/2012)
July 9, 2012 Filing 603 MOTION for Leave to File Sur-Replies in Further Opposition to Defendants' Motions in Limine filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 7/9/2012)
July 6, 2012 Opinion or Order Filing 602 ORDER by Judge Susan Illston granting #600 Motion to Shorten Time (tfS, COURT STAFF) (Filed on 7/6/2012)
July 5, 2012 Filing 601 Declaration of Patrick L. Abramowich in Support of #600 MOTION to Shorten Time Pursuant to Local Rule 6-3 filed byDollar Tree Stores, Inc.. (Related document(s) #600 ) (Marinstein, Jay) (Filed on 7/5/2012)
July 5, 2012 Filing 600 MOTION to Shorten Time Pursuant to Local Rule 6-3 filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 7/5/2012)
July 5, 2012 Filing 599 Declaration of Jay D. Marinstein in Support of #598 MOTION for Clarification and/or to Conform the Pleadings to the Evidence filed byDollar Tree Stores, Inc.. (Related document(s) #598 ) (Marinstein, Jay) (Filed on 7/5/2012)
July 5, 2012 Filing 598 MOTION for Clarification and/or to Conform the Pleadings to the Evidence filed by Dollar Tree Stores, Inc.. Motion Hearing set for 7/12/2012 10:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 7/12/2012. Replies due by 7/19/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 7/5/2012)
June 27, 2012 Filing 597 REPLY (re #515 MOTION in Limine No. 29 To Exclude Non-Disclosed Witnesses; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 29 to Exclude Non-Disclosed Witnesses filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012)
June 27, 2012 Filing 596 REPLY to #534 Opposition to (re #514 MOTION in Limine No. 28 To Exclude Evidence For Enterprise Theory of Piercing The Corporate Veil; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 28 to Exclude Evidence for Enterprise Theory of Piercing the Corporate Veil filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 595 REPLY to #535 Opposition to (re #513 MOTION in Limine No. 27 To Exclude Evidence For Reformation Of Amended Lease; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 27 to Exclude Evidence for Reformation of Amended Lease filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 594 REPLY to #533 Opposition to (re #512 MOTION in Limine No. 26 To Exclude Trial Counsel As Witness; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 26 to Exclude Trial Counsel as Witness filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 593 REPLY to #531 Opposition to (re #509 MOTION in Limine No. 23 To Prohibit Misleading References To The Defendants' In The Collective; Memorandum of Points and Authorities; And Declaration In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 23 to Prohibit Misleading References to the Defendants in the Collective filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 592 REPLY to #547 Opposition to (re #508 MOTION in Limine No. 22 To Prohibit Use of Pejorative or Prejudicial Terms Or Phrases; And Memorandum of Points and Authorities In Support Thereof; And Declaration In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 22 to Prohibit Use of Pejorative or Prejudicial Terms or Phrases filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 591 REPLY to #543 Opposition to (re #507 MOTION in Limine No. 21 To Exclude Evidence Of Defendants' Financial Condition; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 21 to Exclude Evidence of Defendants Financial Condition filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 590 REPLY (re #506 MOTION in Limine No. 20 To Exclude Evidence Of Defendants' Settlement Offers To Show Liability; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 20 to Exclude Evidence of Defendants Settlement Offers to Show Liability filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012)
June 27, 2012 Filing 589 REPLY to #526 Opposition to (re #505 MOTION in Limine No. 19 To Exclude Testimony Of Plaintiff's Expert Witness Michael Wagner; Memorandum of Points and Authorities; And Declaration In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 19 to Exclude Testimony of Plaintiffs Expert Witness Michael Wagner filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 588 REPLY to #556 Opposition to (re #503 MOTION in Limine No. 17 To Exclude Evidence That Defendants Removed Or Concealed Assets Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 17 to Exclude Evidence That Defendants Removed or Concealed Assets Under Ufta filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 587 REPLY to #554 Opposition to (re #502 MOTION in Limine No. 16 To Exclude Evidence That Defendants Absconded With Any Funds Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 16 to Exclude Evidence That Defendants Absconded With any Funds Under Ufta filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 586 REPLY to #586 Opposition to (re #501 MOTION in Limine No. 15 To Exclude Evidence That The Transfer Was Not Disclosed Or Was Concealed Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 15 to Exclude Evidence That the Transfer Was Not Disclosed or Was Concealed Under Ufta filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 585 REPLY to #585 Opposition to (re #500 MOTION in Limine No. 14 To Exclude Evidence That Debtor Retained Possession Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 14 to Exclude Evidence That Debtor Retained Possession Under Ufta filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 584 REPLY (re #499 MOTION in Limine No. 13 To Exclude Evidence That Defendants Made A Transfer To An Insider Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 13 to Exclude Evidence That Defendants Made a Transfer to an Insider Under Ufta filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012)
June 27, 2012 Filing 583 REPLY (re #489 MOTION in Limine No. 12 To Exclude of Preferential Payments to Show Fraudulent Transfer ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 12 to Exclude of Preferential Payments to Show Fraudulent Transfer filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012)
June 27, 2012 Filing 582 REPLY (re #497 MOTION in Limine No. 10 To Exclude Evidence That Capella Is Liable To Dollar Tree Under Privity Of Estate Or Operation Of Law; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 10 to Exclude Evidence That Capella is Liable to Dollar Tree Under Privity of Estate or Operation of Law filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012)
June 27, 2012 Filing 581 REPLY (re #496 MOTION in Limine No. 9 To Exclude Beneficiary, Reliance, Or Assumption Evidence As To Sale Agreement; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 9 to Exclude Beneficiary, Reliance, or Assumption Evidence as to Sale Agreement filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012)
June 27, 2012 Filing 580 REPLY to #539 Opposition to (re #488 MOTION in Limine No. 8 To Exclude Evidence That Capella Is The Alter Ego of Toyama or Any Other Defendant or Insider of Toyama; And Memorandum of Points and Authorities in Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 8 to Exclude Evidence That Capella is the Alter Ego of Toyama or Any Other Defendant Or Insider Of Toyama filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 579 REPLY to #523 Opposition to (re #495 MOTION in Limine No. 7 To Exclude Evidence Of A Unity Of Interest Between Some Defendants As Showing A Unity of Interest With Toyama Partners; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 7 to Exclude Evidence of A Unity of Interest Between Some Defendants as Showing a Unity of Interest With Toyama Partners filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 578 REPLY to #558 Opposition to (re #487 MOTION in Limine No. 6 to Exclude Parol Evidence to Vary, Alter, Supplement, or Explain Terms of Sale Agreement; And Memorandum of Points and Authorities in Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 6 to Exclude Parol Evidence to Vary, Alter, Supplement, or Explain Terms of Sale Agreement filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 577 REPLY to #522 Opposition to (re #494 MOTION in Limine No. 5 To Exclude Parol Evidence To Vary, Alter, Or Supplement Terms of Amended Lease; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 5 to Exclude Parol Evidence to Vary, Alter, or Supplement Terms of Amended Lease filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 576 REPLY to #521 Opposition to (re #493 MOTION in Limine No. 4 To Exclude All Evidence Relating to Alleged Breach of Original Lease; And Memorandum of Points and Authorities In Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 4 to Exclude all Evidence Relating to Alleged Breach of Original Lease filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 575 REPLY to #520 Opposition to (re #492 MOTION in Limine No. 3 To Exclude Any References to the Court's Rulings On: (i) Defendants' Motion to Dismiss Under Rule 12(b)(6); (ii) Dollar Tree's Motion for Leave to File Second Amended Complaint; Or (iii) Dollar Tree's Moti ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 3 To Exclude Any References to the Courts Rulings on: (i) Defendants Motion to Dismiss Under Rule 12(B)(6); (ii) Dollar Trees Motion for Leave to File Second Amended Complaint; or (iii) Dollar Trees Motion to Consolidate filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 574 REPLY to #518 opposition to (re #491 MOTION in Limine No. 2 To Exclude All Evidence Of, Or References to, Any Discovery Disputes; And Declaration of Peter M. Rehon And Memorandum of Points and Authorities in Support Thereof ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 2 to Exclude all Evidence of, or References to, any Discovery Disputes filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 27, 2012 Filing 573 REPLY to #538 Opposition to (re #490 MOTION in Limine No. 1 To Exclude All Evidence or References to Any Papers, Findings, And/Or Orders Issued in Connection with Plaintiff's Motion to Compel Production of Withheld Documents Under the Crime Fraud Exception; And Declaration of Pet ) Defendants/Counterclaimants Memorandum of Points and Authorities in Reply to Plaintiffs Opposition to Motion in Limine No. 1 To Exclude All Evidence or References to Any Papers, Findings, and/or Orders Issued In Connection With Plaintiffs Motion to Compel Production of Withheld Documents Under the Crime Fraud Exception filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 6/27/2012) Modified on 6/28/2012 (ysS, COURT STAFF).
June 25, 2012 Opinion or Order Filing 572 ORDER RE: SUMMARY JUDGMENT MOTIONS #356 #357 #359 #365 #367 #472 (Illston, Susan) (Filed on 6/25/2012)
June 13, 2012 Filing 571 CLERKS NOTICE (CORRECTED) Pretrial Conference and motions set for 7/12/2012 10:00 AM (not at 3:30 p.m.) in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. This is a text only docket entry, there is no document associated with this notice. (tfS, COURT STAFF) (Filed on 6/13/2012)
June 13, 2012 Filing 570 CLERKS NOTICE THE PRETRIAL AND ALL MOTIONS IN-LIMINE HAVE BEEN CONTINUED FROM 7/10/12 TO THURSDAY, JULY 12, 2012, AT 3:30 P.M. This is a text only docket entry, there is no document associated with this notice. Continuing the following Motion Hearings, Set/Reset Deadlines as to #495 MOTION in Limine No. 7 To Exclude Evidence Of A Unity Of Interest Between Some Defendants As Showing A Unity of Interest With Toyama Partners; And Memorandum of Points and Authorities In Support Thereof, #508 MOTION in Limine No. 22 To Prohibit Use of Pejorative or Prejudicial Terms Or Phrases; And Memorandum of Points and Authorities In Support Thereof; And Declaration In Support Thereof, #490 MOTION in Limine No. 1 To Exclude All Evidence or References to Any Papers, Findings, And/Or Orders Issued in Connection with Plaintiff's Motion to Compel Production of Withheld Documents Under the Crime Fraud Exception; And Declaration of Pet, #494 MOTION in Limine No. 5 To Exclude Parol Evidence To Vary, Alter, Or Supplement Terms of Amended Lease; And Memorandum of Points and Authorities In Support Thereof, #514 MOTION in Limine No. 28 To Exclude Evidence For Enterprise Theory of Piercing The Corporate Veil; And Memorandum of Points and Authorities In Support Thereof, #500 MOTION in Limine No. 14 To Exclude Evidence That Debtor Retained Possession Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #482 MOTION in Limine to Exclude Evidence of Peter Pau's and Susanna Pau's Religious Beliefs, #489 MOTION in Limine No. 12 To Exclude of Preferential Payments to Show Fraudulent Transfer, #487 MOTION in Limine No. 6 to Exclude Parol Evidence to Vary, Alter, Supplement, or Explain Terms of Sale Agreement; And Memorandum of Points and Authorities in Support Thereof, #504 MOTION in Limine No. 18 To Exclude Evidence Of No Reasonably Equivalent Value For Sale Of Center; And Memorandum of Points and Authorities In Support Thereof, #481 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness E. Keith Brown Regarding Defendants' Accounting Procedures, #507 MOTION in Limine No. 21 To Exclude Evidence Of Defendants' Financial Condition; And Memorandum of Points and Authorities In Support Thereof, #506 MOTION in Limine No. 20 To Exclude Evidence Of Defendants' Settlement Offers To Show Liability; And Memorandum of Points and Authorities In Support Thereof, #503 MOTION in Limine No. 17 To Exclude Evidence That Defendants Removed Or Concealed Assets Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #483 MOTION in Limine to Exclude Evidence of Settlement Negotiations and Mitigation of Damages, #479 MOTION in Limine to Exclude Argument that Undercapitalization Must Be Analyzed at Time of Incorporation, #488 MOTION in Limine No. 8 To Exclude Evidence That Capella Is The Alter Ego of Toyama or Any Other Defendant or Insider of Toyama; And Memorandum of Points and Authorities in Support Thereof, #501 MOTION in Limine No. 15 To Exclude Evidence That The Transfer Was Not Disclosed Or Was Concealed Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #499 MOTION in Limine No. 13 To Exclude Evidence That Defendants Made A Transfer To An Insider Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #505 MOTION in Limine No. 19 To Exclude Testimony Of Plaintiff's Expert Witness Michael Wagner; Memorandum of Points and Authorities; And Declaration In Support Thereof, #484 MOTION in Limine to Exclude Evidence that Comerica Bank Concluded that Toyama is Adequately Capitalized, Creditworthy, and Properly Formed as a Legal Entity, #513 MOTION in Limine No. 27 To Exclude Evidence For Reformation Of Amended Lease; And Memorandum of Points and Authorities In Support Thereof, #478 MOTION in Limine to Exclude Argument that Dollar Tree Claims to be a Third-Party Beneficiary of the Sale Agreement, #493 MOTION in Limine No. 4 To Exclude All Evidence Relating to Alleged Breach of Original Lease; And Memorandum of Points and Authorities In Support Thereof, #476 MOTION in Limine to Exclude Argument Regarding Comerica's Decision to Proceed with Short Sale Transaction, #485 MOTION in Limine to Exclude Argument that the Parties Referred to the Late Fee as a "Penalty", #509 MOTION in Limine No. 23 To Prohibit Misleading References To The Defendants' In The Collective; Memorandum of Points and Authorities; And Declaration In Support Thereof, #480 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness Dale N. Gillespie Regarding Real Estate Industry Practices, #512 MOTION in Limine No. 26 To Exclude Trial Counsel As Witness; And Memorandum of Points and Authorities In Support Thereof, #491 MOTION in Limine No. 2 To Exclude All Evidence Of, Or References to, Any Discovery Disputes; And Declaration of Peter M. Rehon And Memorandum of Points and Authorities in Support Thereof, #498 MOTION in Limine No. 11 To Exclude Evidence That The Amended And Restated Lease Is An Asset Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #492 MOTION in Limine No. 3 To Exclude Any References to the Court's Rulings On: (i) Defendants' Motion to Dismiss Under Rule 12(b)(6); (ii) Dollar Tree's Motion for Leave to File Second Amended Complaint; Or (iii) Dollar Tree's Moti, #511 MOTION in Limine No. 25 To Exclude Evidence Of Default Interest On Liquidated Damages; And Memorandum of Points and Authorities In Support Thereof, #477 MOTION in Limine to Exclude Argument That It Is Significant That the Assignment Attached to the Sale Agreement Was Not Signed, #515 MOTION in Limine No. 29 To Exclude Non-Disclosed Witnesses; And Memorandum of Points and Authorities In Support Thereof, #510 MOTION in Limine No. 24 To Exclude Evidence Of Actual Damages And Limit Evidence Pertaining To The Reasonableness of Liquidated Damages To Those Circumstances In Existence At The Time The Amended Lease Was Made; Memorandum of Points and Authorities, #497 MOTION in Limine No. 10 To Exclude Evidence That Capella Is Liable To Dollar Tree Under Privity Of Estate Or Operation Of Law; And Memorandum of Points and Authorities In Support Thereof, #502 MOTION in Limine No. 16 To Exclude Evidence That Defendants Absconded With Any Funds Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #496 MOTION in Limine No. 9 To Exclude Beneficiary, Reliance, Or Assumption Evidence As To Sale Agreement; And Memorandum of Points and Authorities In Support Thereof., CLERKS NOTICE Motion Hearing set for 7/12/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Pretrial Conference set for 7/12/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 6/13/2012)
June 13, 2012 Set/Reset Deadlines as to #496 MOTION in Limine No. 9 To Exclude Beneficiary, Reliance, Or Assumption Evidence As To Sale Agreement; And Memorandum of Points and Authorities In Support Thereof, #495 MOTION in Limine No. 7 To Exclude Evidence Of A Unity Of Interest Between Some Defendants As Showing A Unity of Interest With Toyama Partners; And Memorandum of Points and Authorities In Support Thereof, #508 MOTION in Limine No. 22 To Prohibit Use of Pejorative or Prejudicial Terms Or Phrases; And Memorandum of Points and Authorities In Support Thereof; And Declaration In Support Thereof, #490 MOTION in Limine No. 1 To Exclude All Evidence or References to Any Papers, Findings, And/Or Orders Issued in Connection with Plaintiff's Motion to Compel Production of Withheld Documents Under the Crime Fraud Exception; And Declaration of Pet, #515 MOTION in Limine No. 29 To Exclude Non-Disclosed Witnesses; And Memorandum of Points and Authorities In Support Thereof, #514 MOTION in Limine No. 28 To Exclude Evidence For Enterprise Theory of Piercing The Corporate Veil; And Memorandum of Points and Authorities In Support Thereof, #500 MOTION in Limine No. 14 To Exclude Evidence That Debtor Retained Possession Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #510 MOTION in Limine No. 24 To Exclude Evidence Of Actual Damages And Limit Evidence Pertaining To The Reasonableness of Liquidated Damages To Those Circumstances In Existence At The Time The Amended Lease Was Made; Memorandum of Points and Authorities, #484 MOTION in Limine to Exclude Evidence that Comerica Bank Concluded that Toyama is Adequately Capitalized, Creditworthy, and Properly Formed as a Legal Entity, #512 MOTION in Limine No. 26 To Exclude Trial Counsel As Witness; And Memorandum of Points and Authorities In Support Thereof, #507 MOTION in Limine No. 21 To Exclude Evidence Of Defendants' Financial Condition; And Memorandum of Points and Authorities In Support Thereof, #497 MOTION in Limine No. 10 To Exclude Evidence That Capella Is Liable To Dollar Tree Under Privity Of Estate Or Operation Of Law; And Memorandum of Points and Authorities In Support Thereof, #489 MOTION in Limine No. 12 To Exclude of Preferential Payments to Show Fraudulent Transfer, #511 MOTION in Limine No. 25 To Exclude Evidence Of Default Interest On Liquidated Damages; And Memorandum of Points and Authorities In Support Thereof, #504 MOTION in Limine No. 18 To Exclude Evidence Of No Reasonably Equivalent Value For Sale Of Center; And Memorandum of Points and Authorities In Support Thereof, #501 MOTION in Limine No. 15 To Exclude Evidence That The Transfer Was Not Disclosed Or Was Concealed Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #477 MOTION in Limine to Exclude Argument That It Is Significant That the Assignment Attached to the Sale Agreement Was Not Signed, #481 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness E. Keith Brown Regarding Defendants' Accounting Procedures, #506 MOTION in Limine No. 20 To Exclude Evidence Of Defendants' Settlement Offers To Show Liability; And Memorandum of Points and Authorities In Support Thereof, #503 MOTION in Limine No. 17 To Exclude Evidence That Defendants Removed Or Concealed Assets Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #487 MOTION in Limine No. 6 to Exclude Parol Evidence to Vary, Alter, Supplement, or Explain Terms of Sale Agreement; And Memorandum of Points and Authorities in Support Thereof, #483 MOTION in Limine to Exclude Evidence of Settlement Negotiations and Mitigation of Damages, #479 MOTION in Limine to Exclude Argument that Undercapitalization Must Be Analyzed at Time of Incorporation, #499 MOTION in Limine No. 13 To Exclude Evidence That Defendants Made A Transfer To An Insider Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #482 MOTION in Limine to Exclude Evidence of Peter Pau's and Susanna Pau's Religious Beliefs, #498 MOTION in Limine No. 11 To Exclude Evidence That The Amended And Restated Lease Is An Asset Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #478 MOTION in Limine to Exclude Argument that Dollar Tree Claims to be a Third-Party Beneficiary of the Sale Agreement, #494 MOTION in Limine No. 5 To Exclude Parol Evidence To Vary, Alter, Or Supplement Terms of Amended Lease; And Memorandum of Points and Authorities In Support Thereof, #493 MOTION in Limine No. 4 To Exclude All Evidence Relating to Alleged Breach of Original Lease; And Memorandum of Points and Authorities In Support Thereof, #485 MOTION in Limine to Exclude Argument that the Parties Referred to the Late Fee as a "Penalty", #509 MOTION in Limine No. 23 To Prohibit Misleading References To The Defendants' In The Collective; Memorandum of Points and Authorities; And Declaration In Support Thereof, #476 MOTION in Limine to Exclude Argument Regarding Comerica's Decision to Proceed with Short Sale Transaction, #480 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness Dale N. Gillespie Regarding Real Estate Industry Practices, #488 MOTION in Limine No. 8 To Exclude Evidence That Capella Is The Alter Ego of Toyama or Any Other Defendant or Insider of Toyama; And Memorandum of Points and Authorities in Support Thereof, #505 MOTION in Limine No. 19 To Exclude Testimony Of Plaintiff's Expert Witness Michael Wagner; Memorandum of Points and Authorities; And Declaration In Support Thereof, #492 MOTION in Limine No. 3 To Exclude Any References to the Court's Rulings On: (i) Defendants' Motion to Dismiss Under Rule 12(b)(6); (ii) Dollar Tree's Motion for Leave to File Second Amended Complaint; Or (iii) Dollar Tree's Moti, #502 MOTION in Limine No. 16 To Exclude Evidence That Defendants Absconded With Any Funds Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #513 MOTION in Limine No. 27 To Exclude Evidence For Reformation Of Amended Lease; And Memorandum of Points and Authorities In Support Thereof. Motion Hearing set for 7/12/2012 10:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 6/13/2012)
June 13, 2012 Set/Reset Hearing Pretrial Conference set for 7/12/2012 10:00 AM before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 6/13/2012)
June 13, 2012 Set/Reset Deadlines as to #491 MOTION in Limine No. 2 To Exclude All Evidence Of, Or References to, Any Discovery Disputes; And Declaration of Peter M. Rehon And Memorandum of Points and Authorities in Support Thereof. Motion Hearing set for 7/12/2012 10:00 AM before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 6/13/2012)
June 12, 2012 Opinion or Order Filing 569 ORDER signed by Judge Susan Illston granting #568 MOTION for leave to appear in Pro Hac Vice MATTHEW S. PAYNE (tfS, COURT STAFF) (Filed on 6/12/2012)
June 11, 2012 Filing 568 MOTION for leave to appear in Pro Hac Vice MATTHEW S. PAYNE ( Filing fee $ 305, receipt number 0971-6883619.) filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 6/11/2012) Modified on 6/12/2012 (ysS, COURT STAFF).
April 27, 2012 Filing 567 Minute Entry: Settlement Conference. Case did not settle. (Date Filed: 4/27/2012). () (glm, COURT STAFF) (Date Filed: 4/27/2012)
April 11, 2012 Filing 566 Minute Entry: Scheduling Conference. Settlement conference statements due 4/20/12. (Date Filed: 4/11/2012). (Recording #4:02-4:18.) (glm, COURT STAFF) (Date Filed: 4/11/2012)
April 6, 2012 Filing 565 CLERKS NOTICE Settlement Conference set for 4/26/2012 10:00 AM in Courtroom 205, 2nd Floor, Eureka. (glm, COURT STAFF) (Filed on 4/6/2012)
April 5, 2012 Filing 564 NOTICE by Dollar Tree Stores, Inc. /Joint Notice to Schedule Settlement Conference in Eureka, California (Marinstein, Jay) (Filed on 4/5/2012)
April 4, 2012 THIS IS A TEXT ONLY DOCKET ENTRY. NO DOCUMENT IS ASSOCIATED WITH THIS ENTRY. CLERKS NOTICE Scheduling Conference set for 4/10/2012 04:00 PM before Magistrate Judge Nandor J. Vadas (the conference was previously scheduled for 11:00 AM). Parties are to appear telephonically by dialing 1-888-684-8852. The access code is 1868782. The security code is 7416. (njvlc2, COURT STAFF) (Filed on 4/4/2012)
April 3, 2012 THIS IS A TEXT ONLY DOCKET ENTRY. NO DOCUMENT IS ASSOCIATED WITH THIS ENTRY. CLERKS NOTICE Scheduling Conference set for 4/10/2012 11:00 AM before Magistrate Judge Nandor J. Vadas. Parties are to appear telephonically by dialing 1-888-684-8852. The access code is 1868782. The security code is 7416. (njvlc2, COURT STAFF) (Filed on 4/3/2012)
March 30, 2012 Opinion or Order Filing 563 ORDER RESCHEDULING PRETRIAL CONFERENCE AND TRIAL DATE AND REFERRING PARTIES TO MAGISTRATE JUDGE VADAS FOR SETTLEMENT (Illston, Susan) (Filed on 3/30/2012)
March 29, 2012 Filing 562 Proposed Order re #519 Pretrial Memorandum, For Jury to Hear and Decide Plaintiff's Claims on Alter Ego Liability and Violation of UFTA by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/29/2012)
March 28, 2012 Filing 561 CLERKS NOTICE Continuing Motion Hearing TO 4/5/12 @ 3:30 P.M., This is a text docket entry only, there is no document associated with this notice, Set/Reset Deadlines as to #495 MOTION in Limine No. 7 To Exclude Evidence Of A Unity Of Interest Between Some Defendants As Showing A Unity of Interest With Toyama Partners; And Memorandum of Points and Authorities In Support Thereof, #508 MOTION in Limine No. 22 To Prohibit Use of Pejorative or Prejudicial Terms Or Phrases; And Memorandum of Points and Authorities In Support Thereof; And Declaration In Support Thereof, #490 MOTION in Limine No. 1 To Exclude All Evidence or References to Any Papers, Findings, And/Or Orders Issued in Connection with Plaintiff's Motion to Compel Production of Withheld Documents Under the Crime Fraud Exception; And Declaration of Pet, #494 MOTION in Limine No. 5 To Exclude Parol Evidence To Vary, Alter, Or Supplement Terms of Amended Lease; And Memorandum of Points and Authorities In Support Thereof, #514 MOTION in Limine No. 28 To Exclude Evidence For Enterprise Theory of Piercing The Corporate Veil; And Memorandum of Points and Authorities In Support Thereof, #500 MOTION in Limine No. 14 To Exclude Evidence That Debtor Retained Possession Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #482 MOTION in Limine to Exclude Evidence of Peter Pau's and Susanna Pau's Religious Beliefs, #489 MOTION in Limine No. 12 To Exclude of Preferential Payments to Show Fraudulent Transfer, #487 MOTION in Limine No. 6 to Exclude Parol Evidence to Vary, Alter, Supplement, or Explain Terms of Sale Agreement; And Memorandum of Points and Authorities in Support Thereof, #504 MOTION in Limine No. 18 To Exclude Evidence Of No Reasonably Equivalent Value For Sale Of Center; And Memorandum of Points and Authorities In Support Thereof, #481 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness E. Keith Brown Regarding Defendants' Accounting Procedures, #507 MOTION in Limine No. 21 To Exclude Evidence Of Defendants' Financial Condition; And Memorandum of Points and Authorities In Support Thereof, #506 MOTION in Limine No. 20 To Exclude Evidence Of Defendants' Settlement Offers To Show Liability; And Memorandum of Points and Authorities In Support Thereof, #503 MOTION in Limine No. 17 To Exclude Evidence That Defendants Removed Or Concealed Assets Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #483 MOTION in Limine to Exclude Evidence of Settlement Negotiations and Mitigation of Damages, #479 MOTION in Limine to Exclude Argument that Undercapitalization Must Be Analyzed at Time of Incorporation, #488 MOTION in Limine No. 8 To Exclude Evidence That Capella Is The Alter Ego of Toyama or Any Other Defendant or Insider of Toyama; And Memorandum of Points and Authorities in Support Thereof, #501 MOTION in Limine No. 15 To Exclude Evidence That The Transfer Was Not Disclosed Or Was Concealed Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #499 MOTION in Limine No. 13 To Exclude Evidence That Defendants Made A Transfer To An Insider Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #505 MOTION in Limine No. 19 To Exclude Testimony Of Plaintiff's Expert Witness Michael Wagner; Memorandum of Points and Authorities; And Declaration In Support Thereof, #484 MOTION in Limine to Exclude Evidence that Comerica Bank Concluded that Toyama is Adequately Capitalized, Creditworthy, and Properly Formed as a Legal Entity, #513 MOTION in Limine No. 27 To Exclude Evidence For Reformation Of Amended Lease; And Memorandum of Points and Authorities In Support Thereof, #478 MOTION in Limine to Exclude Argument that Dollar Tree Claims to be a Third-Party Beneficiary of the Sale Agreement, #493 MOTION in Limine No. 4 To Exclude All Evidence Relating to Alleged Breach of Original Lease; And Memorandum of Points and Authorities In Support Thereof, #476 MOTION in Limine to Exclude Argument Regarding Comerica's Decision to Proceed with Short Sale Transaction, #485 MOTION in Limine to Exclude Argument that the Parties Referred to the Late Fee as a "Penalty", #509 MOTION in Limine No. 23 To Prohibit Misleading References To The Defendants' In The Collective; Memorandum of Points and Authorities; And Declaration In Support Thereof, #480 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness Dale N. Gillespie Regarding Real Estate Industry Practices, #512 MOTION in Limine No. 26 To Exclude Trial Counsel As Witness; And Memorandum of Points and Authorities In Support Thereof, #491 MOTION in Limine No. 2 To Exclude All Evidence Of, Or References to, Any Discovery Disputes; And Declaration of Peter M. Rehon And Memorandum of Points and Authorities in Support Thereof, #498 MOTION in Limine No. 11 To Exclude Evidence That The Amended And Restated Lease Is An Asset Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #492 MOTION in Limine No. 3 To Exclude Any References to the Court's Rulings On: (i) Defendants' Motion to Dismiss Under Rule 12(b)(6); (ii) Dollar Tree's Motion for Leave to File Second Amended Complaint; Or (iii) Dollar Tree's Moti, #511 MOTION in Limine No. 25 To Exclude Evidence Of Default Interest On Liquidated Damages; And Memorandum of Points and Authorities In Support Thereof, #496 MOTION in Limine No. 9 To Exclude Beneficiary, Reliance, Or Assumption Evidence As To Sale Agreement; And Memorandum of Points and Authorities In Support Thereof, #477 MOTION in Limine to Exclude Argument That It Is Significant That the Assignment Attached to the Sale Agreement Was Not Signed, #515 MOTION in Limine No. 29 To Exclude Non-Disclosed Witnesses; And Memorandum of Points and Authorities In Support Thereof, #510 MOTION in Limine No. 24 To Exclude Evidence Of Actual Damages And Limit Evidence Pertaining To The Reasonableness of Liquidated Damages To Those Circumstances In Existence At The Time The Amended Lease Was Made; Memorandum of Points and Authorities, #497 MOTION in Limine No. 10 To Exclude Evidence That Capella Is Liable To Dollar Tree Under Privity Of Estate Or Operation Of Law; And Memorandum of Points and Authorities In Support Thereof, #502 MOTION in Limine No. 16 To Exclude Evidence That Defendants Absconded With Any Funds Under UFTA; And Memorandum of Points and Authorities In Support Thereof. Motion Hearing set for 4/5/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 3/28/2012)
March 28, 2012 Filing 560 CLERKS NOTICE Pretrial Conference set for 4/5/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Motion Hearing set for 4/5/2012 3:30 P.M. in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. This is a text docket entry only, there is no document associated with this notice, Set/Reset Deadlines as to #496 MOTION in Limine No. 9 To Exclude Beneficiary, Reliance, Or Assumption Evidence As To Sale Agreement; And Memorandum of Points and Authorities In Support Thereof, #495 MOTION in Limine No. 7 To Exclude Evidence Of A Unity Of Interest Between Some Defendants As Showing A Unity of Interest With Toyama Partners; And Memorandum of Points and Authorities In Support Thereof, #508 MOTION in Limine No. 22 To Prohibit Use of Pejorative or Prejudicial Terms Or Phrases; And Memorandum of Points and Authorities In Support Thereof; And Declaration In Support Thereof, #490 MOTION in Limine No. 1 To Exclude All Evidence or References to Any Papers, Findings, And/Or Orders Issued in Connection with Plaintiff's Motion to Compel Production of Withheld Documents Under the Crime Fraud Exception; And Declaration of Pet, #515 MOTION in Limine No. 29 To Exclude Non-Disclosed Witnesses; And Memorandum of Points and Authorities In Support Thereof, #514 MOTION in Limine No. 28 To Exclude Evidence For Enterprise Theory of Piercing The Corporate Veil; And Memorandum of Points and Authorities In Support Thereof, #500 MOTION in Limine No. 14 To Exclude Evidence That Debtor Retained Possession Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #510 MOTION in Limine No. 24 To Exclude Evidence Of Actual Damages And Limit Evidence Pertaining To The Reasonableness of Liquidated Damages To Those Circumstances In Existence At The Time The Amended Lease Was Made; Memorandum of Points and Authorities, #484 MOTION in Limine to Exclude Evidence that Comerica Bank Concluded that Toyama is Adequately Capitalized, Creditworthy, and Properly Formed as a Legal Entity, #512 MOTION in Limine No. 26 To Exclude Trial Counsel As Witness; And Memorandum of Points and Authorities In Support Thereof, #507 MOTION in Limine No. 21 To Exclude Evidence Of Defendants' Financial Condition; And Memorandum of Points and Authorities In Support Thereof, #497 MOTION in Limine No. 10 To Exclude Evidence That Capella Is Liable To Dollar Tree Under Privity Of Estate Or Operation Of Law; And Memorandum of Points and Authorities In Support Thereof, #489 MOTION in Limine No. 12 To Exclude of Preferential Payments to Show Fraudulent Transfer, #511 MOTION in Limine No. 25 To Exclude Evidence Of Default Interest On Liquidated Damages; And Memorandum of Points and Authorities In Support Thereof, #504 MOTION in Limine No. 18 To Exclude Evidence Of No Reasonably Equivalent Value For Sale Of Center; And Memorandum of Points and Authorities In Support Thereof, #501 MOTION in Limine No. 15 To Exclude Evidence That The Transfer Was Not Disclosed Or Was Concealed Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #477 MOTION in Limine to Exclude Argument That It Is Significant That the Assignment Attached to the Sale Agreement Was Not Signed, #481 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness E. Keith Brown Regarding Defendants' Accounting Procedures, #506 MOTION in Limine No. 20 To Exclude Evidence Of Defendants' Settlement Offers To Show Liability; And Memorandum of Points and Authorities In Support Thereof, #503 MOTION in Limine No. 17 To Exclude Evidence That Defendants Removed Or Concealed Assets Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #487 MOTION in Limine No. 6 to Exclude Parol Evidence to Vary, Alter, Supplement, or Explain Terms of Sale Agreement; And Memorandum of Points and Authorities in Support Thereof, #483 MOTION in Limine to Exclude Evidence of Settlement Negotiations and Mitigation of Damages, #479 MOTION in Limine to Exclude Argument that Undercapitalization Must Be Analyzed at Time of Incorporation, #499 MOTION in Limine No. 13 To Exclude Evidence That Defendants Made A Transfer To An Insider Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #482 MOTION in Limine to Exclude Evidence of Peter Pau's and Susanna Pau's Religious Beliefs, #498 MOTION in Limine No. 11 To Exclude Evidence That The Amended And Restated Lease Is An Asset Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #478 MOTION in Limine to Exclude Argument that Dollar Tree Claims to be a Third-Party Beneficiary of the Sale Agreement, #494 MOTION in Limine No. 5 To Exclude Parol Evidence To Vary, Alter, Or Supplement Terms of Amended Lease; And Memorandum of Points and Authorities In Support Thereof, #493 MOTION in Limine No. 4 To Exclude All Evidence Relating to Alleged Breach of Original Lease; And Memorandum of Points and Authorities In Support Thereof, #485 MOTION in Limine to Exclude Argument that the Parties Referred to the Late Fee as a "Penalty", #509 MOTION in Limine No. 23 To Prohibit Misleading References To The Defendants' In The Collective; Memorandum of Points and Authorities; And Declaration In Support Thereof, #476 MOTION in Limine to Exclude Argument Regarding Comerica's Decision to Proceed with Short Sale Transaction, #480 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness Dale N. Gillespie Regarding Real Estate Industry Practices, #491 MOTION in Limine No. 2 To Exclude All Evidence Of, Or References to, Any Discovery Disputes; And Declaration of Peter M. Rehon And Memorandum of Points and Authorities in Support Thereof, #488 MOTION in Limine No. 8 To Exclude Evidence That Capella Is The Alter Ego of Toyama or Any Other Defendant or Insider of Toyama; And Memorandum of Points and Authorities in Support Thereof, #505 MOTION in Limine No. 19 To Exclude Testimony Of Plaintiff's Expert Witness Michael Wagner; Memorandum of Points and Authorities; And Declaration In Support Thereof, #492 MOTION in Limine No. 3 To Exclude Any References to the Court's Rulings On: (i) Defendants' Motion to Dismiss Under Rule 12(b)(6); (ii) Dollar Tree's Motion for Leave to File Second Amended Complaint; Or (iii) Dollar Tree's Moti, #502 MOTION in Limine No. 16 To Exclude Evidence That Defendants Absconded With Any Funds Under UFTA; And Memorandum of Points and Authorities In Support Thereof, #513 MOTION in Limine No. 27 To Exclude Evidence For Reformation Of Amended Lease; And Memorandum of Points and Authorities In Support Thereof. (tfS, COURT STAFF) (Filed on 3/28/2012) Modified on 3/28/2012 (tfS, COURT STAFF).
March 27, 2012 Filing 559 Declaration of Patrick L. Abramowich in Support of #542 Opposition/Response to Motion, #540 Opposition/Response to Motion, #532 Opposition/Response to Motion, #526 Opposition/Response to Motion, #535 Opposition/Response to Motion, #553 Opposition/Response to Motion, #521 Opposition/Response to Motion, #524 Opposition/Response to Motion, #531 Opposition/Response to Motion, #541 Opposition/Response to Motion, #533 Opposition/Response to Motion, #556 Opposition/Response to Motion, #518 Opposition/Response to Motion, #538 Opposition/Response to Motion, #522 Opposition/Response to Motion, #534 Opposition/Response to Motion, #557 Opposition/Response to Motion, #520 Opposition/Response to Motion, #529 Opposition/Response to Motion, #551 Opposition/Response to Motion, #523 Opposition/Response to Motion,, #539 Opposition/Response to Motion, #550 Opposition/Response to Motion, #547 Opposition/Response to Motion, #558 Opposition/Response to Motion, #554 Opposition/Response to Motion, #555 Opposition/Response to Motion, #536 Opposition/Response to Motion, #543 Opposition/Response to Motion, filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, Part 1 of 4, #12 Exhibit 11, Part 2 of 4, #13 Exhibit 11, Part 3 of 4, #14 Exhibit 11, Part 4 of 4, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43)(Related document(s) #542 , #540 , #532 , #526 , #535 , #553 , #521 , #524 , #531 , #541 , #533 , #556 , #518 , #538 , #522 , #534 , #557 , #520 , #529 , #551 , #523 , #539 , #550 , #547 , #558 , #554 , #555 , #536 , #543 ) (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 558 RESPONSE (re #487 MOTION in Limine No. 6 to Exclude Parol Evidence to Vary, Alter, Supplement, or Explain Terms of Sale Agreement; And Memorandum of Points and Authorities in Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 6 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 557 RESPONSE (re #504 MOTION in Limine No. 18 To Exclude Evidence Of No Reasonably Equivalent Value For Sale Of Center; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 556 RESPONSE (re #503 MOTION in Limine No. 17 To Exclude Evidence That Defendants Removed Or Concealed Assets Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 17 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 555 RESPONSE (re #500 MOTION in Limine No. 14 To Exclude Evidence That Debtor Retained Possession Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 14 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 554 RESPONSE (re #502 MOTION in Limine No. 16 To Exclude Evidence That Defendants Absconded With Any Funds Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 16 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 553 RESPONSE (re #501 MOTION in Limine No. 15 To Exclude Evidence That The Transfer Was Not Disclosed Or Was Concealed Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 15 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 552 RESPONSE (re #483 MOTION in Limine to Exclude Evidence of Settlement Negotiations and Mitigation of Damages ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 551 RESPONSE (re #511 MOTION in Limine No. 25 To Exclude Evidence Of Default Interest On Liquidated Damages; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 25 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 550 RESPONSE (re #498 MOTION in Limine No. 11 To Exclude Evidence That The Amended And Restated Lease Is An Asset Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 11 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 549 RESPONSE (re #480 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness Dale N. Gillespie Regarding Real Estate Industry Practices ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 548 RESPONSE (re #477 MOTION in Limine to Exclude Argument That It Is Significant That the Assignment Attached to the Sale Agreement Was Not Signed ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 547 RESPONSE (re #508 MOTION in Limine No. 22 To Prohibit Use of Pejorative or Prejudicial Terms Or Phrases; And Memorandum of Points and Authorities In Support Thereof; And Declaration In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 22 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 546 RESPONSE (re #485 MOTION in Limine to Exclude Argument that the Parties Referred to the Late Fee as a "Penalty" ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 545 RESPONSE (re #484 MOTION in Limine to Exclude Evidence that Comerica Bank Concluded that Toyama is Adequately Capitalized, Creditworthy, and Properly Formed as a Legal Entity ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 544 PRETRIAL MEMORANDUM /Dollar Tree Stores, Inc.'s Memorandum of Points and Authorities in Support of the Court Deciding Its Fraudulent Conveyance and Alter Ego Claims by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 543 RESPONSE (re #507 MOTION in Limine No. 21 To Exclude Evidence Of Defendants' Financial Condition; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 21 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 542 RESPONSE (re #499 MOTION in Limine No. 13 To Exclude Evidence That Defendants Made A Transfer To An Insider Under UFTA; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 13 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 541 RESPONSE (re #489 MOTION in Limine No. 12 To Exclude of Preferential Payments to Show Fraudulent Transfer ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 12 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 540 RESPONSE (re #496 MOTION in Limine No. 9 To Exclude Beneficiary, Reliance, Or Assumption Evidence As To Sale Agreement; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 9 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 539 RESPONSE (re #488 MOTION in Limine No. 8 To Exclude Evidence That Capella Is The Alter Ego of Toyama or Any Other Defendant or Insider of Toyama; And Memorandum of Points and Authorities in Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 8 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 538 RESPONSE (re #490 MOTION in Limine No. 1 To Exclude All Evidence or References to Any Papers, Findings, And/Or Orders Issued in Connection with Plaintiff's Motion to Compel Production of Withheld Documents Under the Crime Fraud Exception; And Declaration of Pet ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 1 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 537 RESPONSE (re #481 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness E. Keith Brown Regarding Defendants' Accounting Procedures ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 536 RESPONSE (re #515 MOTION in Limine No. 29 To Exclude Non-Disclosed Witnesses; And Memorandum of Points and Authorities In Support Thereof ) filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 535 RESPONSE (re #513 MOTION in Limine No. 27 To Exclude Evidence For Reformation Of Amended Lease; And Memorandum of Points and Authorities In Support Thereof ) filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 534 RESPONSE (re #514 MOTION in Limine No. 28 To Exclude Evidence For Enterprise Theory of Piercing The Corporate Veil; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 28 to Exclude Evidence for Reformation of Amended Lease filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 533 RESPONSE (re #512 MOTION in Limine No. 26 To Exclude Trial Counsel As Witness; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 26 to Exclude Trial Counsel as Witness filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 532 RESPONSE (re #510 MOTION in Limine No. 24 To Exclude Evidence Of Actual Damages And Limit Evidence Pertaining To The Reasonableness of Liquidated Damages To Those Circumstances In Existence At The Time The Amended Lease Was Made; Memorandum of Points and Authorities ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 24 filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 531 RESPONSE (re #509 MOTION in Limine No. 23 To Prohibit Misleading References To The Defendants' In The Collective; Memorandum of Points and Authorities; And Declaration In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 23 to Prohibit Misleading References to the Defendants in the Collective filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 530 RESPONSE (re #479 MOTION in Limine to Exclude Argument that Undercapitalization Must Be Analyzed at Time of Incorporation ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 529 RESPONSE (re #506 MOTION in Limine No. 20 To Exclude Evidence Of Defendants' Settlement Offers To Show Liability; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 20 to Exclude Evidence of Defendants' Settlement Offers to Show Liability filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 528 RESPONSE (re #476 MOTION in Limine to Exclude Argument Regarding Comerica's Decision to Proceed with Short Sale Transaction ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 527 RESPONSE (re #482 MOTION in Limine to Exclude Evidence of Peter Pau's and Susanna Pau's Religious Beliefs ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 526 RESPONSE (re #505 MOTION in Limine No. 19 To Exclude Testimony Of Plaintiff's Expert Witness Michael Wagner; Memorandum of Points and Authorities; And Declaration In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 19 to Exclude Testimony of Plaintiff's Expert Witness Michael Wagner filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 525 RESPONSE (re #478 MOTION in Limine to Exclude Argument that Dollar Tree Claims to be a Third-Party Beneficiary of the Sale Agreement ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 524 RESPONSE (re #497 MOTION in Limine No. 10 To Exclude Evidence That Capella Is Liable To Dollar Tree Under Privity Of Estate Or Operation Of Law; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 10 to Exclude All Evidence that Capella is Liable to Dollar Tree Under Privity of Estate or Operation of Law filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 523 RESPONSE (re #495 MOTION in Limine No. 7 To Exclude Evidence Of A Unity Of Interest Between Some Defendants As Showing A Unity of Interest With Toyama Partners; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 7 to Exclude Evidence of a Unity of Interest Between Some Defendants as Showing a Unity of Interest with Toyama Partners filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 522 RESPONSE (re #494 MOTION in Limine No. 5 To Exclude Parol Evidence To Vary, Alter, Or Supplement Terms of Amended Lease; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 5 to Exclude Parol Evidence to Vary, Alter, or Supplement Terms of Amended Lease filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 521 RESPONSE (re #493 MOTION in Limine No. 4 To Exclude All Evidence Relating to Alleged Breach of Original Lease; And Memorandum of Points and Authorities In Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 4 to Exclude All Evidence Relating to Alleged Breach of Original Lease filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 520 RESPONSE (re #492 MOTION in Limine No. 3 To Exclude Any References to the Court's Rulings On: (i) Defendants' Motion to Dismiss Under Rule 12(b)(6); (ii) Dollar Tree's Motion for Leave to File Second Amended Complaint; Or (iii) Dollar Tree's Moti ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 3 to Exclude References to Court's Previous Rulings filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 27, 2012 Filing 519 PRETRIAL MEMORANDUM of Points and Authorities on Defendants' and Counterclaimants' Right to Jury Trial on Plaintiff's Claims on Alter Ego Liability and Violation of UFTA by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 3/27/2012)
March 27, 2012 Filing 518 RESPONSE (re #491 MOTION in Limine No. 2 To Exclude All Evidence Of, Or References to, Any Discovery Disputes; And Declaration of Peter M. Rehon And Memorandum of Points and Authorities in Support Thereof ) /Dollar Tree Stores, Inc.'s Opposition to Defendants' Motion in Limine No. 2 to Exclude All Evidence of, or References to, Any Discovery Disputes filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/27/2012)
March 21, 2012 Filing 517 Proposed Voir Dire by Dollar Tree Stores, Inc. /Notice of Filing of Proposed Questions for Jury Voir Dire. (Attachments: #1 Exhibit 1)(Marinstein, Jay) (Filed on 3/21/2012)
March 20, 2012 Filing 516 Pretrial Conference Statement by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 515 MOTION in Limine No. 29 To Exclude Non-Disclosed Witnesses; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 514 MOTION in Limine No. 28 To Exclude Evidence For Enterprise Theory of Piercing The Corporate Veil; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Declaration of Peter M. Rehon (with Exhibits), #2 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 513 MOTION in Limine No. 27 To Exclude Evidence For Reformation Of Amended Lease; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Declaration of Lisa C. Roberts, #2 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 512 MOTION in Limine No. 26 To Exclude Trial Counsel As Witness; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Declaration of Peter M. Rehon, #2 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 511 MOTION in Limine No. 25 To Exclude Evidence Of Default Interest On Liquidated Damages; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 510 MOTION in Limine No. 24 To Exclude Evidence Of Actual Damages And Limit Evidence Pertaining To The Reasonableness of Liquidated Damages To Those Circumstances In Existence At The Time The Amended Lease Was Made; Memorandum of Points and Authorities; And Declaration of Peter M. Rehon In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 509 MOTION in Limine No. 23 To Prohibit Misleading References To The Defendants' In The Collective; Memorandum of Points and Authorities; And Declaration In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 508 MOTION in Limine No. 22 To Prohibit Use of Pejorative or Prejudicial Terms Or Phrases; And Memorandum of Points and Authorities In Support Thereof; And Declaration In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 507 MOTION in Limine No. 21 To Exclude Evidence Of Defendants' Financial Condition; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Declaration of Lisa C. Roberts, #2 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 506 MOTION in Limine No. 20 To Exclude Evidence Of Defendants' Settlement Offers To Show Liability; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Declaration of Lisa C. Roberts, #2 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 505 MOTION in Limine No. 19 To Exclude Testimony Of Plaintiff's Expert Witness Michael Wagner; Memorandum of Points and Authorities; And Declaration In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Exhibit A, #2 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 504 MOTION in Limine No. 18 To Exclude Evidence Of No Reasonably Equivalent Value For Sale Of Center; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 503 MOTION in Limine No. 17 To Exclude Evidence That Defendants Removed Or Concealed Assets Under UFTA; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 502 MOTION in Limine No. 16 To Exclude Evidence That Defendants Absconded With Any Funds Under UFTA; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 501 MOTION in Limine No. 15 To Exclude Evidence That The Transfer Was Not Disclosed Or Was Concealed Under UFTA; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 500 MOTION in Limine No. 14 To Exclude Evidence That Debtor Retained Possession Under UFTA; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 499 MOTION in Limine No. 13 To Exclude Evidence That Defendants Made A Transfer To An Insider Under UFTA; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 498 MOTION in Limine No. 11 To Exclude Evidence That The Amended And Restated Lease Is An Asset Under UFTA; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 497 MOTION in Limine No. 10 To Exclude Evidence That Capella Is Liable To Dollar Tree Under Privity Of Estate Or Operation Of Law; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 496 MOTION in Limine No. 9 To Exclude Beneficiary, Reliance, Or Assumption Evidence As To Sale Agreement; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 495 MOTION in Limine No. 7 To Exclude Evidence Of A Unity Of Interest Between Some Defendants As Showing A Unity of Interest With Toyama Partners; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 494 MOTION in Limine No. 5 To Exclude Parol Evidence To Vary, Alter, Or Supplement Terms of Amended Lease; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 493 MOTION in Limine No. 4 To Exclude All Evidence Relating to Alleged Breach of Original Lease; And Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 492 MOTION in Limine No. 3 To Exclude Any References to the Court's Rulings On: (i) Defendants' Motion to Dismiss Under Rule 12(b)(6); (ii) Dollar Tree's Motion for Leave to File Second Amended Complaint; Or (iii) Dollar Tree's Motion to Consolidate; And Declaration of Peter M. Rehon and Memorandum of Points and Authorities In Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 491 MOTION in Limine No. 2 To Exclude All Evidence Of, Or References to, Any Discovery Disputes; And Declaration of Peter M. Rehon And Memorandum of Points and Authorities in Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 490 MOTION in Limine No. 1 To Exclude All Evidence or References to Any Papers, Findings, And/Or Orders Issued in Connection with Plaintiff's Motion to Compel Production of Withheld Documents Under the Crime Fraud Exception; And Declaration of Peter M. Rehon and Memorandum of Points and Authorities in Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 489 MOTION in Limine No. 12 To Exclude of Preferential Payments to Show Fraudulent Transfer filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 488 MOTION in Limine No. 8 To Exclude Evidence That Capella Is The Alter Ego of Toyama or Any Other Defendant or Insider of Toyama; And Memorandum of Points and Authorities in Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 487 MOTION in Limine No. 6 to Exclude Parol Evidence to Vary, Alter, Supplement, or Explain Terms of Sale Agreement; And Memorandum of Points and Authorities in Support Thereof filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Declaration of Lisa C. Roberts, #2 Proposed Order)(Rehon, Peter) (Filed on 3/20/2012)
March 20, 2012 Filing 486 Declaration of Patrick L. Abramowich in Support of #485 MOTION in Limine to Exclude Argument that the Parties Referred to the Late Fee as a "Penalty", #480 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness Dale N. Gillespie Regarding Real Estate Industry Practices, #484 MOTION in Limine to Exclude Evidence that Comerica Bank Concluded that Toyama is Adequately Capitalized, Creditworthy, and Properly Formed as a Legal Entity, #481 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness E. Keith Brown Regarding Defendants' Accounting Procedures, #477 MOTION in Limine to Exclude Argument That It Is Significant That the Assignment Attached to the Sale Agreement Was Not Signed, #483 MOTION in Limine to Exclude Evidence of Settlement Negotiations and Mitigation of Damages, #478 MOTION in Limine to Exclude Argument that Dollar Tree Claims to be a Third-Party Beneficiary of the Sale Agreement, #476 MOTION in Limine to Exclude Argument Regarding Comerica's Decision to Proceed with Short Sale Transaction, #482 MOTION in Limine to Exclude Evidence of Peter Pau's and Susanna Pau's Religious Beliefs, #479 MOTION in Limine to Exclude Argument that Undercapitalization Must Be Analyzed at Time of Incorporation /Declaration of Patrick L. Abramowich in Support of Dollar Tree Stores, Inc.'s Motions in Limine filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, Part 1 of 4, #30 Exhibit 29, Part 2 of 4, #31 Exhibit 29, Part 3 of 4, #32 Exhibit 29, Part 4 of 4, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43, #47 Exhibit 44, #48 Exhibit 45, #49 Exhibit 46, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50, #54 Exhibit 51, #55 Exhibit 52, #56 Exhibit 53)(Related document(s) #485 , #480 , #484 , #481 , #477 , #483 , #478 , #476 , #482 , #479 ) (Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 485 MOTION in Limine to Exclude Argument that the Parties Referred to the Late Fee as a "Penalty" filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 484 MOTION in Limine to Exclude Evidence that Comerica Bank Concluded that Toyama is Adequately Capitalized, Creditworthy, and Properly Formed as a Legal Entity filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 483 MOTION in Limine to Exclude Evidence of Settlement Negotiations and Mitigation of Damages filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 482 MOTION in Limine to Exclude Evidence of Peter Pau's and Susanna Pau's Religious Beliefs filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 481 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness E. Keith Brown Regarding Defendants' Accounting Procedures filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 480 MOTION in Limine to Exclude the Testimony and Report of Defendants' Expert Witness Dale N. Gillespie Regarding Real Estate Industry Practices filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 479 MOTION in Limine to Exclude Argument that Undercapitalization Must Be Analyzed at Time of Incorporation filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 478 MOTION in Limine to Exclude Argument that Dollar Tree Claims to be a Third-Party Beneficiary of the Sale Agreement filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 477 MOTION in Limine to Exclude Argument That It Is Significant That the Assignment Attached to the Sale Agreement Was Not Signed filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Filing 476 MOTION in Limine to Exclude Argument Regarding Comerica's Decision to Proceed with Short Sale Transaction filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/3/2012 03:30 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/27/2012. Replies due by 4/3/2012. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 3/20/2012)
March 20, 2012 Opinion or Order Filing 475 ORDER granting #474 Stipulation Regarding Jury Trial Issues, Proposed Jury Instructions, and Proposed Findings of Fact and Conclusions of Law signed by Judge Illston on 3/16/12 (tfS, COURT STAFF) (Filed on 3/20/2012)
March 16, 2012 Filing 474 STIPULATION WITH PROPOSED ORDER /Stipulation Regarding Jury Trial Issues, Proposed Jury Instructions, and Proposed Findings of Fact and Conclusions of Law filed by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/16/2012)
March 13, 2012 Filing 473 RESPONSE (re #472 MOTION to Strike Plaintiff's Declarations and Related Portions of Plaintiff's Supplemental Brief; or, in the alternative, Objections to Evidence ) /Opposition to Defendants' Motion to Strike Plaintiff's Declarations and Related Portions of Plaintiff's Supplemental Brief; or, in the Alternative, Objections to Evidence filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 3/13/2012)
February 28, 2012 Filing 472 MOTION to Strike Plaintiff's Declarations and Related Portions of Plaintiff's Supplemental Brief; or, in the alternative, Objections to Evidence filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 2/17/2012 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 3/13/2012. Replies due by 3/20/2012. (Rehon, Peter) (Filed on 2/28/2012)
February 28, 2012 Opinion or Order Filing 471 ORDER denying plaintiff's request for sanctions re #457 Letter Brief filed by Dollar Tree Stores, Inc.. Signed by Magistrate Judge Nandor J. Vadas on February 28, 2012. (njvlc2, COURT STAFF) (Filed on 2/28/2012) Modified on 2/29/2012 (ysS, COURT STAFF).
February 27, 2012 Filing 470 Appendix re #469 Brief, filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #469 ) (Rehon, Peter) (Filed on 2/27/2012)
February 27, 2012 Filing 469 Brief re #461 Order ; Defendants' Supplemental Court-Ordered Memorandum in Support of Defendants' Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #461 ) (Rehon, Peter) (Filed on 2/27/2012)
February 27, 2012 Filing 468 Declaration of Scott R. Kipnis in Support of #465 Brief, /Declaration of Scott R. Kipnis in Support of Dollar Tree Stores, Inc.'s Supplemental Summary Judgment Brief Pursuant to Order of Court dated February 21, 2012 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, Part 1 of 2, #2 Exhibit 1, Part 2 of 2, #3 Exhibit 2, Part 1 of 2, #4 Exhibit 2, Part 2 of 2)(Related document(s) #465 ) (Marinstein, Jay) (Filed on 2/27/2012)
February 27, 2012 Filing 467 Declaration of Bruce Walters in Support of #465 Brief, /Declaration of Bruce Walters in Support of Dollar Tree Stores, Inc.'s Supplemental Summary Judgment Brief Pursuant to Order of Court dated February 21, 2012 filed byDollar Tree Stores, Inc.. (Related document(s) #465 ) (Marinstein, Jay) (Filed on 2/27/2012)
February 27, 2012 Filing 466 Declaration of Jay D. Marinstein in Support of #465 Brief, /Declaration of Jay D. Marinstein in Support of Dollar Tree Stores, Inc.'s Supplemental Summary Judgment Brief Pursuant to Order of Court dated February 21, 2012 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, Part 1 of 3, #5 Exhibit 4, Part 2 of 3, #6 Exhibit 4, Part 3 of 3)(Related document(s) #465 ) (Marinstein, Jay) (Filed on 2/27/2012)
February 27, 2012 Filing 465 Brief re #461 Order /Dollar Tree Stores, Inc.'s Supplemental Summary Judgment Brief Pursuant to Order of Court dated February 21, 2012 filed byDollar Tree Stores, Inc.. (Related document(s) #461 ) (Marinstein, Jay) (Filed on 2/27/2012)
February 21, 2012 Filing 464 Declaration of Peter M. Rehon in Support of #463 Letter Brief, filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #463 ) (Rehon, Peter) (Filed on 2/21/2012)
February 21, 2012 Filing 463 Letter Brief Re Defendants' Opposition to Dollar Tree Stores, Inc.'s Motion for Sanctions filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 2/21/2012)
February 21, 2012 Filing 462 Minute Entry: Motion Hearing held on 2/17/2012 before Illston (Date Filed: 2/21/2012) re #359 MOTION for Summary Judgment Defendant Toyama Partners, LLC's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities filed by Capella-Mowry, LLC, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, #365 MOTION for Summary Judgment /Dollar Tree Stores, Inc.'s Notice of Motion and Motion for Partial Summary Judgment (redacted version filed for public record pursuant to Order of Court at Doc. No. 363 granting Dollar Tree Stores, Inc.'s Admi filed by Dollar Tree Stores, Inc., #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Peter Pau, #356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Peter Pau. (Court Reporter Connie Kuhl.) (tfS, COURT STAFF) (Date Filed: 2/21/2012)
February 21, 2012 Opinion or Order Filing 461 ORDER DIRECTING FURTHER BRIEFING: The parties shall file supplemental brief of no more than 10 pages by 2/27/12. (Illston, Susan) (Filed on 2/21/2012) Modified on 2/22/2012 (ysS, COURT STAFF).
February 17, 2012 Filing 460 DOCUMENT E-FILED UNDER SEAL re #459 Order on Administrative Motion to File Under Seal /Plaintiff Dollar Tree Stores, Inc.'s Motion for Sanctions by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order, #2 Declaration)(Marinstein, Jay) (Filed on 2/17/2012)
February 17, 2012 Opinion or Order Filing 459 Order by Magistrate Judge Nandor J. Vadas granting #458 Administrative Motion to File Under Seal.(njvlc2, COURT STAFF) (Filed on 2/17/2012)
February 15, 2012 Filing 458 Administrative Motion to File Under Seal Plaintiff's Motion for Sanctions (Doc. No. 457) filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order, #2 Declaration)(Marinstein, Jay) (Filed on 2/15/2012)
February 14, 2012 Filing 457 Letter Brief request for sanctions pursuant to FRCP 37(b)(2) against Defendants filed byDollar Tree Stores, Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Proposed Order)(Faustman, David) (Filed on 2/14/2012)
February 14, 2012 Filing 456 DOCUMENT E-FILED UNDER SEAL re #454 Order on Administrative Motion to File Under Seal - Exhibits to #449 Supplemental Declaration of Peter M. Rehon in Support of Defendants' and Counterclaimants' Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment and Unredacted Exhibits by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rehon, Peter) (Filed on 2/14/2012) Modified on 2/15/2012 (ysS, COURT STAFF).
February 14, 2012 Filing 455 DOCUMENT E-FILED UNDER SEAL re #453 Order on Administrative Motion to File Under Seal - Exhibit A to #450 Declaration of Mark V. Isola in Support of Defendants' and Counterclaimants' Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment and Unredacted Exhibit by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A)(Rehon, Peter) (Filed on 2/14/2012) Modified on 2/15/2012 (ysS, COURT STAFF).
February 14, 2012 Opinion or Order Filing 454 ORDER granting #452 Administrative Motion to File Under Seal signed by SI on 2/13/12 (tfS, COURT STAFF) (Filed on 2/14/2012)
February 14, 2012 Opinion or Order Filing 453 ORDER granting #451 Administrative Motion to File Under Seal signed by SI on 2/13/12 (tfS, COURT STAFF) (Filed on 2/14/2012)
February 10, 2012 Filing 452 Administrative Motion to File Under Seal of Exhibits to Peter M. Rehon's Declaration filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 2/10/2012)
February 10, 2012 Filing 451 Administrative Motion to File Under Seal of Exhibit to Mark V. Isola's Declaration filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 2/10/2012)
February 10, 2012 Filing 450 Declaration of Mark V. Isola in Support of #448 Opposition/Response to Motion,,,, Declaration of Mark V. Isola in Support of Defendants' and Counterclaimants' Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A (Redacted))(Related document(s) #448 ) (Rehon, Peter) (Filed on 2/10/2012)
February 10, 2012 Filing 449 Declaration of Peter M. Rehon in Support of #448 Opposition/Response to Motion,,,, Supplemental Declaration of Peter M. Rehon in Support of Defendants' and Counterclaimants' Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B (Redacted))(Related document(s) #448 ) (Rehon, Peter) (Filed on 2/10/2012)
February 10, 2012 Filing 448 RESPONSE (re #359 MOTION for Summary Judgment Defendant Toyama Partners, LLC's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities, #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me, #356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities ) Defendants' Supplemental Response in Further Support of Defendants' Motions for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 2/10/2012)
February 7, 2012 Filing 447 DOCUMENT E-FILED UNDER SEAL re #446 Order Granting Motion to File Under Seal - Brief and Exhibits 1 to 7 Regarding Plaintiff's Supplemental Brief in Support of #365 , #367 Motion for Parital Summary Judgment by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Faustman, David) (Filed on 2/7/2012) Modified on 2/8/2012 (ysS, COURT STAFF).
February 7, 2012 Opinion or Order Filing 446 ORDER Granting Motion to File Under Seal re #445 . Signed by Judge Illston on 2/7/12. (tfS, COURT STAFF) (Filed on 2/7/2012) Modified on 2/8/2012 (ysS, COURT STAFF).
February 6, 2012 Filing 445 STIPULATION WITH PROPOSED ORDER re #444 Brief, in Support of Motion for Partial Summary Judgment Under Seal filed by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 2/6/2012)
February 6, 2012 Filing 444 Brief re #441 Order on Motion for Miscellaneous Relief Plaintiff's Supplemental Brief in Support of Motion for Partial Summary Judgment filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Declaration)(Related document(s) #441 ) (Faustman, David) (Filed on 2/6/2012)
February 2, 2012 Filing 443 CLERKS NOTICE Further Case Management Conference set for for 2/10/12 has been continued to 2/17/2012 03:00 PM. This is a text docket entry only, there is not document associated with this notice. (tf, COURT STAFF) (Filed on 2/2/2012)
February 1, 2012 Filing 442 ERRATA re #140 Opposition/Response to Motion by Plaintiff for Leave to File Second Amended Complaint by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 2/1/2012)
January 24, 2012 Set/Reset Deadlines as to #356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities, #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me, #359 MOTION for Summary Judgment Defendant Toyama Partners, LLC's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities, #365 MOTION for Summary Judgment /Dollar Tree Stores, Inc.'s Notice of Motion and Motion for Partial Summary Judgment (redacted version filed for public record pursuant to Order of Court at Doc. No. 363 granting Dollar Tree Stores, Inc.'s Admi. Motion Hearing set for 2/17/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 1/24/2012)
January 19, 2012 Opinion or Order Filing 441 ORDER DENYING DEFENDANTS' MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE re #431 Motion. (Illston, Susan) (Filed on 1/19/2012) Modified on 1/20/2012 (ysS, COURT STAFF).
January 13, 2012 Filing 440 STIPULATION re #439 Declaration in Support, #438 Opposition/Response to Motion /Stipulation for Leave to File Dollar Tree's Opposition to Defendants' Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge Under Seal by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 1/13/2012)
January 13, 2012 Filing 439 Declaration of Jay D. Marinstein in Support of #438 Opposition/Response to Motion filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #438 ) (Marinstein, Jay) (Filed on 1/13/2012)
January 13, 2012 Filing 438 RESPONSE (re #431 MOTION Relief from nondispositive pretrial order of magistrate judge re #423 Order Compelling Production of Documents ) filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 1/13/2012)
January 10, 2012 Filing 437 DOCUMENT E-FILED UNDER SEAL re #436 Order Granting Motion to File Under Seal - ; Exhibit A to #432 -1 Mark V. Isola's Declaration in Support of Defendants' Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 1/10/2012) Modified on 1/11/2012 (ysS, COURT STAFF).
January 10, 2012 Opinion or Order Filing 436 ORDER Granting Motion to File Under Seal re #435 . (tf, COURT STAFF) (Filed on 1/10/2012) Modified on 1/11/2012 (ysS, COURT STAFF).
January 9, 2012 Filing 435 Administrative Motion to File Under Seal ; Stipulation for Leave to File Under Seal Exhibit A To Declaration of Mark V. Isola in Support of Defendants Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 1/9/2012)
January 9, 2012 Filing 434 STIPULATION re #431 MOTION Relief from nondispositive pretrial order of magistrate judge re #423 Order Compelling Production of Documents by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 1/9/2012)
January 6, 2012 Filing 433 Proposed Order re #431 MOTION Relief from nondispositive pretrial order of magistrate judge re #423 Order Compelling Production of Documents by Toyama Partners, LLC. (Isola, Mark) (Filed on 1/6/2012)
January 6, 2012 Filing 432 Declaration of Mark V. Isola in Support of #431 MOTION Relief from nondispositive pretrial order of magistrate judge re #423 Order Compelling Production of Documents filed byToyama Partners, LLC. (Attachments: #1 Exhibit)(Related document(s) #431 ) (Isola, Mark) (Filed on 1/6/2012)
January 6, 2012 Filing 431 MOTION Relief from nondispositive pretrial order of magistrate judge re #423 Order Compelling Production of Documents filed by Toyama Partners, LLC. Responses due by 1/13/2012. Replies due by 1/20/2012. (Isola, Mark) (Filed on 1/6/2012)
January 6, 2012 Filing 430 CLERKS NOTICE Further Case Management Conference set for 2/10/2012 03:00 PM. (tf, COURT STAFF) (Filed on 1/6/2012)
January 4, 2012 Set/Reset Deadlines as to #356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities, #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me, #359 MOTION for Summary Judgment Defendant Toyama Partners, LLC's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities, #365 MOTION for Summary Judgment /Dollar Tree Stores, Inc.'s Notice of Motion and Motion for Partial Summary Judgment (redacted version filed for public record pursuant to Order of Court at Doc. No. 363 granting Dollar Tree Stores, Inc.'s Admi. Motion Hearing set for 2/10/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 1/4/2012)
December 29, 2011 Filing 429 Declaration of Mark V. Isola Re: Defendants' Timely Compliance with Discovery Order, Document 423 filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 12/29/2011)
December 27, 2011 Filing 428 Letter from counsel for Dollar Tree Stores, Inc. . (Attachments: #1 Exhibit 1)(Marinstein, Jay) (Filed on 12/27/2011)
December 23, 2011 Opinion or Order Filing 427 ORDER DENYING DEFENDANTS' MOTION FOR STAY OF NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE (Illston, Susan) (Filed on 12/23/2011)
December 22, 2011 Filing 426 Letter Brief re #425 Letter, Dollar Tree Stores, Inc's Opposition to Defendants Request for Stay of Nondispositive Pretrial Order of Magistrate Judge filed byDollar Tree Stores, Inc.. (Related document(s) #425 ) (Faustman, David) (Filed on 12/22/2011)
December 21, 2011 Filing 425 Letter from Mark V. Isola Re Motion for Stay of Nondispositive Pretrial Order of Magistrate Judge. (Attachments: #1 Proposed Order Proposed Order Granting Defendants' Motion for Stay of Nondispositive Pretrial Order of Magistrate Judge)(Isola, Mark) (Filed on 12/21/2011)
December 20, 2011 Opinion or Order Filing 424 ORDER Jury Selection set for 4/16/2012 08:30 AM before Hon. Susan Illston. Jury Trial set for 4/16/2012 08:30 AM before Hon. Susan Illston. Pretrial Conference set for 4/3/2012 03:30 PM before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 12/20/2011)
December 20, 2011 Opinion or Order Filing 423 ORDER re #285 Letter Brief filed by Dollar Tree Stores, Inc.. Signed by Magistrate Judge Nandor J. Vadas on 12/20/2011. (njvlc2, COURT STAFF) (Filed on 12/20/2011)
December 16, 2011 Filing 422 STIPULATION TO RESCHEDULE PRETRIAL CONFERENCE AND SET A NEW DATE FOR TRIAL by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 12/16/2011)
December 13, 2011 Filing 421 CLERKS NOTICE Continuing Motion Hearing, Set/Reset Deadlines as to, CLERKS NOTICE Motion Hearing set for 1/13/2012 09:00 AM before Hon. Susan Illston. Further Case Management Conference set for 1/13/2012 03:00 PM. (tf, COURT STAFF) (Filed on 12/13/2011)
December 12, 2011 Filing 420 Declaration of Gene Williams in Support of #382 Declaration in Opposition, Correcting Typographical Error In Expert Report Filed As An Exhibit to Declaration of Gene Williams In Opposition to Dollar Tree's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A)(Related document(s) #382 ) (Rehon, Peter) (Filed on 12/12/2011)
December 9, 2011 Filing 419 JOINT CASE MANAGEMENT STATEMENT filed by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 12/9/2011)
November 30, 2011 Filing 418 OBJECTIONS to Reply Evidence Submitted by Plaintiff Dollar Tree in Its Reply in Support of Its Motion for Partial Summary Judgment by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 11/30/2011)
November 30, 2011 Filing 417 DOCUMENT E-FILED UNDER SEAL re #412 Order Granting Motion to File Under Seal /Exhibit 4 to #401 Declaration of Jay D. Marinstein in Support of Dollar Tree Stores, Inc.'s Response to Defendants' Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge filed at Doc. No. 395 by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/30/2011) Modified on 12/1/2011 (ysS, COURT STAFF).
November 29, 2011 Filing 416 Declaration of Peter M. Rehon Re Defendants' Prior Timely Compliance with Discovery Order, Docket 341 filed byToyama Partners, LLC. (Attachments: #1 Exhibit A)(Rehon, Peter) (Filed on 11/29/2011)
November 29, 2011 Opinion or Order Filing 415 ORDER re #341 Order Granting Plaintiff's Motion To Compel Discovery Under The Crime Fraud Exception To The Attorney Client Privilege. Signed by Magistrate Judge Nandor J. Vadas on 11/29/2011. (njvlc2, COURT STAFF) (Filed on 11/29/2011)
November 29, 2011 Filing 414 DEFENDANTS' FIRST AMENDED ANSWER to Complaint byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 11/29/2011)
November 29, 2011 Opinion or Order Filing 413 ORDER GRANTING LEAVE TO FILE AMENDED ANSWER TO DOLLAR TREE'S FIRST AMENDED AND CONSOLIDATED COMPLAINT re #407 (tf, COURT STAFF) (Filed on 11/29/2011) Modified on 11/30/2011 (ysS, COURT STAFF).
November 29, 2011 Opinion or Order Filing 412 ORDER Granting Motion to File Under Seal re #396 (tf, COURT STAFF) (Filed on 11/29/2011) Modified on 11/30/2011 (ysS, COURT STAFF).
November 29, 2011 Opinion or Order Filing 411 ORDER DENYING DEFENDANTS' MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE VADAS re #374 (Illston, Susan) (Filed on 11/29/2011) Modified on 11/30/2011 (ysS, COURT STAFF).
November 28, 2011 Filing 410 DOCUMENT E-FILED UNDER SEAL re #406 Order Granting Motion to File Under Seal /Exhibit 1 to #404 Declaration of Michael J. Wagner in Support of Dollar Tree Stores, Inc.'s Reply in Support of Motion for Partial Summary Judgment filed at Doc. No. 404 by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/28/2011) Modified on 11/29/2011 (ysS, COURT STAFF).
November 28, 2011 Filing 409 DOCUMENT E-FILED UNDER SEAL re #406 Order Granting Motion to File Under Seal /Exhibit 1 to #403 Declaration of Gary M. Tenzer in Support of Dollar Tree Stores, Inc.'s Reply in Support of Motion for Partial Summary Judgment filed at Doc. No. 403 by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/28/2011) Modified on 11/29/2011 (ysS, COURT STAFF).
November 28, 2011 Filing 408 DOCUMENT E-FILED UNDER SEAL re #406 Order Granting Motion to File Under Seal /Exhibit 9 to #401 Declaration of Jay D. Marinstein in Support of Dollar Tree Stores, Inc.'s Reply in Support of Motion for Partial Summary Judgment (filed at Doc. No. 401) by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/28/2011) Modified on 11/29/2011 (ysS, COURT STAFF).
November 28, 2011 Filing 407 STIPULATION GRANTING LEAVE TO FILE AMENDED ANSWER TO DOLLAR TREE'S FIRST AMENDED AND CONSOLIDATED COMPLAINT by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 11/28/2011)
November 28, 2011 Opinion or Order Filing 406 ORDER Granting Motion to File Under Seal re #405 Stipulation. (tf, COURT STAFF) (Filed on 11/28/2011) Modified on 11/28/2011 (ys, COURT STAFF).
November 23, 2011 Filing 405 STIPULATION re #403 Declaration in Support, #404 Declaration in Support, #401 Declaration in Support,, /Stipulation for Leave to File Exhibits to Declarations in Support of Dollar Tree Stores, Inc.'s Reply in Support of Motion for Partial Summary Judgment Under Seal by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/23/2011)
November 23, 2011 Filing 404 Declaration of Michael J. Wagner in Support of #400 Reply filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1 (to be filed under seal))(Related document(s) #400 ) (Marinstein, Jay) (Filed on 11/23/2011) Modified on 11/28/2011 (ys, COURT STAFF).
November 23, 2011 Filing 403 Declaration of Gary M. Tenzer in Support of #400 Reply filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1 (to be filed under seal))(Related document(s) #400 ) (Marinstein, Jay) (Filed on 11/23/2011) Modified on 11/28/2011 (ys, COURT STAFF).
November 23, 2011 Filing 402 Declaration of Walter L. Ricci in Support of #400 Reply filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #400 ) (Marinstein, Jay) (Filed on 11/23/2011) Modified on 11/28/2011 (ys, COURT STAFF).
November 23, 2011 Filing 401 Declaration of Jay D. Marinstein in Support of #400 Dollar Tree Stores, Inc.'s Reply in Support of Motion for Partial Summary Judgment filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, Part 1 of 4, #8 Exhibit 7, Part 2 of 4, #9 Exhibit 7, Part 3 of 4, #10 Exhibit 7, Part 4 of 4, #11 Exhibit 8, #12 Exhibit 9 (to be filed under seal))(Related document(s) #400 ) (Marinstein, Jay) (Filed on 11/23/2011) Modified on 11/28/2011 (ys, COURT STAFF).
November 23, 2011 Filing 400 REPLY in Support of #367 Motion for Partial Summary Judgment filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/23/2011) Modified on 11/28/2011 (ys, COURT STAFF).
November 23, 2011 Filing 399 REPLY (re #356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities ) filed byCapella-Mowry, LLC. (Rehon, Peter) (Filed on 11/23/2011)
November 23, 2011 Filing 398 REPLY (re #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me ) filed byPeter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company. (Rehon, Peter) (Filed on 11/23/2011)
November 23, 2011 Filing 397 REPLY (re #359 MOTION for Summary Judgment Defendant Toyama Partners, LLC's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities ) filed byToyama Partners, LLC. (Rehon, Peter) (Filed on 11/23/2011)
November 22, 2011 Filing 396 STIPULATION re #395 Declaration in Support, /Stipulation for Leave to File Exhibit 4 to the Declaration of Jay D. Marinstein in Support of Dollar Tree Stores, Inc.'s Response to Defendants' Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge Under Seal by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Marinstein, Jay) (Filed on 11/22/2011)
November 22, 2011 Filing 395 Declaration of Jay D. Marinstein in Support of #394 Letter Brief filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (to be filed under seal pending leave of Court), #5 Exhibit 5)(Related document(s) #394 ) (Marinstein, Jay) (Filed on 11/22/2011)
November 22, 2011 Filing 394 Letter Brief re #374 Letter Brief, /Response to Defendants' Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge filed byDollar Tree Stores, Inc.. (Related document(s) #374 ) (Marinstein, Jay) (Filed on 11/22/2011)
November 22, 2011 Filing 393 DOCUMENT E-FILED UNDER SEAL re #387 Order Granting Motion to File Under Seal - Declaration of Peter M. Rehon in Opposition to #367 Dollar Tree's Motion for Partial Summary Judgment and Unredacted Exhibits by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit 18, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 26, #9 Exhibit 27, #10 Exhibit 29, #11 Exhibit 30, #12 Exhibit 31, #13 Exhibit 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37, #19 Exhibit 39, #20 Exhibit 40, #21 Exhibit 41, #22 Exhibit 42, #23 Exhibit 43, #24 Exhibit 44, #25 Exhibit 45, #26 Exhibit 46, #27 Exhibit 47, #28 Exhibit 48, #29 Exhibit 49, #30 Exhibit 50, #31 Exhibit 51)(Rehon, Peter) (Filed on 11/22/2011) Modified on 11/23/2011 (ysS, COURT STAFF).
November 18, 2011 Filing 392 DOCUMENT E-FILED UNDER SEAL re #387 Order Granting Motion to File Under Seal /unredacted Declaration of Patrick L. Abramowich in Support of #390 Dollar Tree Stores, Inc.'s Oppositions to Toyama Partners, LLC and Capella-Mowry, LLC's Motions for Summary Judgment and unredacted exhibits 3, 4, 11, 12, 13, 14, 20, and 39 at #379 by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 20, #8 Exhibit 39)(Marinstein, Jay) (Filed on 11/18/2011) Modified on 11/21/2011 (ysS, COURT STAFF).
November 18, 2011 Filing 391 DOCUMENT E-FILED UNDER SEAL re #387 Order Granting Motion to File Under Seal /unredacted version of Dollar Tree Stores, Inc.'s Opposition to #356 Defendant Capella-Mowry, LLC's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment at #378 by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/18/2011) Modified on 11/21/2011 (ysS, COURT STAFF).
November 18, 2011 Filing 390 DOCUMENT E-FILED UNDER SEAL re #387 Order Granting Motion to File Under Seal /unredacted version of Dollar Tree Stores, Inc.'s Opposition to #359 Defendant Toyama Partner's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment at #377 by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/18/2011) Modified on 11/21/2011 (ysS, COURT STAFF).
November 18, 2011 Filing 389 DOCUMENT E-FILED UNDER SEAL re #387 Order Granting Motion to File Under Seal /unredacted exhibits 3, 13, 14, 22, 29, 30, 31, 32, 53, 54, 55, and 71 to #360 Declaration of Jay D. Marinstein in Support of Dollar Tree Stores, Inc.'s Opposition to Peter Pau, Susanna Pau, Sand Hill Property Company, and Sand Hill Property Management Company's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment at #376 by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 22, #5 Exhibit 29, #6 Exhibit 30, #7 Exhibit 31, #8 Exhibit 32, #9 Exhibit 53, #10 Exhibit 54, #11 Exhibit 55, #12 Exhibit 71)(Marinstein, Jay) (Filed on 11/18/2011) Modified on 11/21/2011 (ysS, COURT STAFF).
November 18, 2011 Filing 388 DOCUMENT E-FILED UNDER SEAL re #387 Order Granting Motion to File Under Seal /Unredacted version of Dollar Tree Stores, Inc.'s Opposition to #357 Peter Pau, Susanna Pau, Sand Hill Property Company, and Sand Hill Property Management Company's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment filed at #375 by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/18/2011) Modified on 11/21/2011 (ysS, COURT STAFF).
November 18, 2011 Opinion or Order Filing 387 ORDER Granting Motion to File Under Seal re #386 Stipulation (tf, COURT STAFF) (Filed on 11/18/2011) Modified on 11/21/2011 (ys, COURT STAFF).
November 17, 2011 Filing 386 STIPULATION FOR LEAVE TO FILE EXHIBITS TO BRIEFS IN OPPOSITION TO CROSS MOTIONS FOR SUMMARY JUDGMENT / PARTIAL SUMMARY JUDGMENT UNDER SEAL by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 11/17/2011)
November 17, 2011 Filing 385 EXHIBITS to #384 Declaration in Opposition, Exhibit 52, Pt. 1 filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit 52, Pt. 2, #2 Exhibit 53, #3 Exhibit 54, #4 Exhibit 55, #5 Exhibit 56, #6 Exhibit 57)(Related document(s) #384 ) (Rehon, Peter) (Filed on 11/17/2011) Modified on 11/17/2011 (ys, COURT STAFF).
November 16, 2011 Filing 384 DECLARATION of Peter M. Rehon In Opposition to #367 Dollar Tree's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51)(Related document(s) #365 ) (Rehon, Peter) (Filed on 11/16/2011) Modified on 11/17/2011 (ys, COURT STAFF).
November 16, 2011 Filing 383 DECLARATION of Patrick Kennedy In Opposition to #367 Dollar Tree's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A)(Related document(s) #365 ) (Rehon, Peter) (Filed on 11/16/2011) Modified on 11/17/2011 (ys, COURT STAFF).
November 16, 2011 Filing 382 DECLARATION of Gene Williams in Opposition to #367 Dollar Tree's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A)(Related document(s) #365 ) (Rehon, Peter) (Filed on 11/16/2011) Modified on 11/17/2011 (ys, COURT STAFF).
November 16, 2011 Filing 381 DECLARATION of Peter Pau In Opposition to #367 Dollar Tree's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #365 ) (Rehon, Peter) (Filed on 11/16/2011) Modified on 11/17/2011 (ys, COURT STAFF).
November 16, 2011 Filing 380 RESPONSE Re Defendants' Memorandum of Points and Authorities in Opposition to #367 Dollar Tree's Motion for Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 11/16/2011) Modified on 11/17/2011 (ys, COURT STAFF).
November 16, 2011 Filing 379 Declaration of Patrick L. Abramowich in Support of #378 Opposition/Response to Motion, #377 Opposition/Response to Motion, /Declaration of Patrick L. Abramowich in Support of Dollar Tree Stores, Inc.'s Opposition to Toyama Partners, LLC and Capella-Mowry, LLC's Motions for Summary Judgment filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (redacted; unredacted version to be filed under seal pending Court approval of Joint Stipulation), #4 Exhibit 4 (redacted; unredacted version to be filed under seal pending Court approval of Joint Stipulation), #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 (redacted; unredacted version to be filed under seal pending Court approval of Joint Stipulation), #12 Exhibit 12 (redacted; unredacted version to be filed under seal pending Court approval of Joint Stipulation), #13 Exhibit 13 (to be filed under seal pending Court approval of Joint Stipulation), #14 Exhibit 14 (to be filed under seal pending Court approval of Joint Stipulation), #15 Exhibit 15, Part 1 of 3, #16 Exhibit 15, Part 2 of 3, #17 Exhibit 15, Part 3 of 3, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20 (to be filed under seal pending Court approval of Joint Stipulation), #23 Exhibit 21, Part 1 of 4, #24 Exhibit 21, Part 2 of 4, #25 Exhibit 21, Part 3 of 4, #26 Exhibit 21, Part 4 of 4, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 29, #35 Exhibit 30, #36 Exhibit 31, #37 Exhibit 32, #38 Exhibit 33, #39 Exhibit 34, #40 Exhibit 35, #41 Exhibit 36, #42 Exhibit 37, #43 Exhibit 38, #44 Exhibit 39 (to be filed under seal pending Court approval of Joint Stipulation), #45 Exhibit 40)(Related document(s) #378 , #377 ) (Marinstein, Jay) (Filed on 11/16/2011)
November 16, 2011 Filing 378 RESPONSE (re #356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities ) /Dollar Tree Stores, Inc.'s Opposition to Defendant Capella-Mowry, LLC's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/16/2011)
November 16, 2011 Filing 377 RESPONSE (re #359 MOTION for Summary Judgment Defendant Toyama Partners, LLC's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities ) /Dollar Tree Stores, Inc.'s Opposition to Defendant Toyama Partners' Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/16/2011)
November 16, 2011 Filing 376 Declaration of Jay D. Marinstein in Support of #375 Dollar Tree Stores, Inc's Opposition to Peter Pau, Susanna Pau, Sand Hill Property Company, and Sand Hill Property Management Company's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (redacted), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 (to be filed under seal pending Court approval of Joint Stipulation), #14 Exhibit 14 (to be filed under seal pending Court approval of Joint Stipulation), #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, Part 1 of 4, #22 Exhibit 21, Part 2 of 4, #23 Exhibit 21, Part 3 of 4, #24 Exhibit 21, Part 4 of 4, #25 Exhibit 22 (to be filed under seal pending Court approval of Joint Stipulation), #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29 (to be filed under seal pending Court approval of Joint Stipulation), #33 Exhibit 30 (to be filed under seal pending Court approval of Joint Stipulation), #34 Exhibit 31 (to be filed under seal pending Court approval of Joint Stipulation), #35 Exhibit 32 (to be filed under seal pending Court approval of Joint Stipulation), #36 Exhibit 33, Part 1 of 2, #37 Exhibit 33, Part 2 of 2, #38 Exhibit 34, Part 1 of 5, #39 Exhibit 34, Part 2 of 5, #40 Exhibit 34, Part 3 of 5, #41 Exhibit 34, Part 4 of 5, #42 Exhibit 34, Part 5 of 5, #43 Exhibit 35, #44 Exhibit 36, #45 Exhibit 37, #46 Exhibit 38, #47 Exhibit 39, #48 Exhibit 40, #49 Exhibit 41, #50 Exhibit 42, #51 Exhibit 43, #52 Exhibit 44, #53 Exhibit 45, #54 Exhibit 46, #55 Exhibit 47, #56 Exhibit 48, #57 Exhibit 49, #58 Exhibit 50, #59 Exhibit 51, #60 Exhibit 52, #61 Exhibit 53 (to be filed under seal pending Court approval of Joint Stipulation), #62 Exhibit 54 (to be filed under seal pending Court approval of Joint Stipulation), #63 Exhibit 55 (to be filed under seal pending Court approval of Joint Stipulation), #64 Exhibit 56, #65 Exhibit 57, #66 Exhibit 58, #67 Exhibit 59, #68 Exhibit 60, #69 Exhibit 61, #70 Exhibit 62, #71 Exhibit 63, #72 Exhibit 64, #73 Exhibit 65, #74 Exhibit 66, #75 Exhibit 67, #76 Exhibit 68, #77 Exhibit 69, #78 Exhibit 70, #79 Exhibit 71 (to be filed under seal pending Court approval of Joint Stipulation))(Marinstein, Jay) (Filed on 11/16/2011) Modified on 11/17/2011 (ys, COURT STAFF).
November 16, 2011 Filing 375 RESPONSE (re #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me ) /Dollar Tree Stores, Inc.'s Opposition to Peter Pau, Susanna Pau, Sand Hill Property Company, and Sand Hill Property Management Company's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 11/16/2011)
November 14, 2011 Filing 374 Letter Brief Re Defendants' Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Rehon, Peter) (Filed on 11/14/2011)
November 10, 2011 Opinion or Order Filing 373 ORDER re #369 Letter filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Peter Pau. Signed by Magistrate Judge Nandor J. Vadas on 11/10/2011. (njvlc2, COURT STAFF) (Filed on 11/10/2011)
November 10, 2011 Filing 372 Transcript of Proceedings held on October 19, 2011, before Judge Susan Illston. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, Telephone number 415-255-6842. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 12/1/2011. Redacted Transcript Deadline set for 12/12/2011. Release of Transcript Restriction set for 2/8/2012. (Columbini, Joan) (Filed on 11/10/2011)
November 10, 2011 Filing 371 Letter Brief re #369 Letter /Opposition to Request for Stay of Order and, alternatively, Request for Clarification filed byDollar Tree Stores, Inc.. (Related document(s) #369 ) (Marinstein, Jay) (Filed on 11/10/2011)
November 9, 2011 Filing 370 ANSWER to Amended Complaint Defendants' Answer to Plaintiff Dollar Tree Stores, Inc.'s First Amended Consolidated Complaint for Damages, Avoidance, Injunctive Relief, Declaratory Relief, Breach of Contract, Unfair Competition, Fraudulent Conveyance, and Breach of Fiduciary Duty byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Roberts, Lisa) (Filed on 11/9/2011)
November 9, 2011 Filing 369 Letter from Peter M. Rehon Request for Stay. (Rehon, Peter) (Filed on 11/9/2011)
November 9, 2011 Set/Reset Deadlines as to #367 MOTION for Partial Summary Judgment. Motion Hearing set for 12/16/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (ysS, COURT STAFF) (Filed on 11/9/2011)
November 8, 2011 Filing 368 DOCUMENT E-FILED UNDER SEAL re #363 Order on Administrative Motion to File Under Seal /Declaration of Patrick L. Abramowich in Support of #367 Dollar Tree Stores, Inc.'s Motion for Partial Summary Judgment by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, Part 1 of 3, #18 Exhibit 17, Part 2 of 3, #19 Exhibit 17, Part 3 of 3, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, Part 1 of 4, #26 Exhibit 23, Part 2 of 4, #27 Exhibit 23, Part 3 of 4, #28 Exhibit 23, Part 4 of 4, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 29, #35 Exhibit 30, #36 Exhibit 31, #37 Exhibit 32, #38 Exhibit 33, #39 Exhibit 34, #40 Exhibit 35, #41 Exhibit 36, #42 Exhibit 37, #43 Exhibit 38, #44 Exhibit 39, #45 Exhibit 40, #46 Exhibit 41, Part 1 of 2, #47 Exhibit 41, Part 2 of 2, #48 Exhibit 42, #49 Exhibit 43, #50 Exhibit 44)(Marinstein, Jay) (Filed on 11/8/2011) Modified on 11/9/2011 (ysS, COURT STAFF).
November 8, 2011 Filing 367 DOCUMENT E-FILED UNDER SEAL re #363 Order on Administrative Motion to File Under Seal - /Dollar Tree Stores, Inc.'s Notice of Motion and Motion for Partial Summary Judgment by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 11/8/2011) Modified on 11/9/2011 (ysS, COURT STAFF).
November 8, 2011 Filing 366 [REDUCTED] Declaration of Patrick L. Abramowich in Support of Dollar Tree Stores, Inc.'s Motion for Partial Summary Judgment (with redacted exhibits filed for the public record pursuant to Order of Court at Doc. No. 363 granting Dollar Tree Stores, Inc.'s Administrative Motion to File Motion for Partial Summary Judgment Under Seal) filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, Part 1 of 3, #18 Exhibit 17, Part 2 of 3, #19 Exhibit 17, Part 3 of 3, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, Part 1 of 4, #26 Exhibit 23, Part 2 of 4, #27 Exhibit 23, Part 3 of 4, #28 Exhibit 23, Part 4 of 4, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 29, #35 Exhibit 30, #36 Exhibit 31, #37 Exhibit 32, #38 Exhibit 33, #39 Exhibit 34, #40 Exhibit 35, #41 Exhibit 36, #42 Exhibit 37, #43 Exhibit 38, #44 Exhibit 39, #45 Exhibit 40, #46 Exhibit 41, Part 1 of 2, #47 Exhibit 41, Part 2 of 2, #48 Exhibit 42, #49 Exhibit 43, #50 Exhibit 44)(Related document(s) #365 ) (Marinstein, Jay) (Filed on 11/8/2011) Modified on 11/9/2011 (ysS, COURT STAFF).
November 8, 2011 Filing 365 [REDUCTED] MOTION for Summary Judgment /Dollar Tree Stores, Inc.'s Notice of Motion and Motion for Partial Summary Judgment (redacted version filed for public record pursuant to Order of Court at Doc. No. 363 granting Dollar Tree Stores, Inc.'s Administrative Motion to File Motion for Partial Summary Judgment Under Seal) filed by Dollar Tree Stores, Inc.. Motion Hearing set for 12/16/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 11/16/2011. Replies due by 11/23/2011. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 11/8/2011) Modified on 11/9/2011 (ysS, COURT STAFF).
November 8, 2011 Opinion or Order Filing 364 ORDER Granting Motion to File Under Seal re #361 (tf, COURT STAFF) (Filed on 11/8/2011) Modified on 11/9/2011 (ysS, COURT STAFF).
November 8, 2011 Opinion or Order Filing 363 ORDER granting #355 Administrative Motion to File Under Seal (tf, COURT STAFF) (Filed on 11/8/2011)
November 8, 2011 Filing 362 RESPONSE (re #355 Administrative Motion to File Under Seal Motion for Partial Summary Judgment ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 11/8/2011)
November 8, 2011 Set/Reset Deadlines as to #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me. Motion Hearing set for 12/16/2011 09:00 AM before Hon. Susan Illston. (ys, COURT STAFF) (Filed on 11/8/2011)
November 7, 2011 Filing 361 STIPULATION FOR LEAVE TO FILE EXHIBIT 24 TO PETER M. REHON'S DECLARATION IN SUPPORT OF DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT UNDER SEAL by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 11/7/2011)
November 5, 2011 Filing 360 Declaration of Peter Pau in Support of #356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities, #359 MOTION for Summary Judgment Defendant Toyama Partners, LLC's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities, #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Related document(s) #356 , #359 , #357 ) (Rehon, Peter) (Filed on 11/5/2011)
November 5, 2011 Filing 359 MOTION for Summary Judgment Defendant Toyama Partners, LLC's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities filed by Capella-Mowry, LLC, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 12/16/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 11/16/2011. Replies due by 11/23/2011. (Attachments: #1 Proposed Order (Proposed) Order Granting Toyama's Motion for Summary Judgment)(Rehon, Peter) (Filed on 11/5/2011)
November 4, 2011 Filing 358 Declaration of Peter M. Rehon in Support of #356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities, #357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Me Declaration of Peter M. Rehon in Support of Defendants' Motions for Summary Judgment or, in the Alternative, Partial Summary Judgment filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Related document(s) #356 , #357 ) (Rehon, Peter) (Filed on 11/4/2011)
November 4, 2011 Filing 357 MOTION for Summary Judgment Defendants Peter Pau, Susanna Pau, Sand Hill Property Co., and Sand Hill Property Management Company's Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Supporting Memorandum of Points and Authorities filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 11/16/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 11/16/2011. Replies due by 11/23/2011. (Attachments: #1 Proposed Order (Proposed) Order Granting Peter Pau Motion for Summary Judgment)(Rehon, Peter) (Filed on 11/4/2011)
November 4, 2011 Filing 356 MOTION for Summary Judgment Or, in the Alternative Partial Summary Judgment; Supporting Memorandum of Points and Authorities filed by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Motion Hearing set for 12/16/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 11/16/2011. Replies due by 11/23/2011. (Attachments: #1 Proposed Order (Proposed) Order Granting Capella-Mowry's Motion for Summary Judgment)(Rehon, Peter) (Filed on 11/4/2011)
November 4, 2011 Filing 355 Administrative Motion to File Under Seal Motion for Partial Summary Judgment filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order, #2 Declaration)(Marinstein, Jay) (Filed on 11/4/2011)
November 3, 2011 Opinion or Order Filing 354 ORDER re #331 Letter Brief filed by Toyama Partners, LLC. Signed by Magistrate Judge Nandor J. Vadas on 11/03/2011. (njvlc2, COURT STAFF) (Filed on 11/3/2011)
November 3, 2011 Opinion or Order Filing 353 ORDER re #333 Letter Brief filed by Dollar Tree Stores, Inc.. Signed by Magistrate Judge Nandor J. Vadas on 11/03/11. (njvlc2, COURT STAFF) (Filed on 11/3/2011)
November 1, 2011 Filing 352 Declaration of Patrick L. Abramowich in Support of Dollar Tree Stores, Inc.'s Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception (this unredacted version replaces the redacted Declaration previously filed at Doc. No. 301, and is being filed pursuant to Order of Court at Doc. No. 341) filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Related document(s) #301 , #299 , #341 , #298 ) (Marinstein, Jay) (Filed on 11/1/2011) Modified on 11/2/2011 (ys, COURT STAFF).
November 1, 2011 Filing 351 Declaration of Jay D. Marinstein in Support of Dollar Tree Stores, Inc.'s Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception (this unredacted version replaces the redacted Declaration previously filed at Doc. No. 300, and is being filed pursuant to Order of Court at Doc. No. 341) filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Related document(s) #299 , #341 , #298 , #300 ) (Marinstein, Jay) (Filed on 11/1/2011) Modified on 11/2/2011 (ys, COURT STAFF).
November 1, 2011 Filing 350 Declaration of Jay D. Marinstein in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception (this unredacted version of the Declaration previously filed at Doc. No. 286 is being filed pursuant to Order of the Court at Doc. No. 341) filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #286 , #285 , #341 ) (Marinstein, Jay) (Filed on 11/1/2011) Modified on 11/2/2011 (ys, COURT STAFF).
October 31, 2011 Filing 349 DOCUMENT E-FILED UNDER SEAL re #345 Order on Administrative Motion to File Under Seal /Declaration of Patrick L. Abramowich in Support of Opposition to Motion for Order Compelling Production of Documents from Dollar Tree by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Marinstein, Jay) (Filed on 10/31/2011)
October 31, 2011 Filing 348 DOCUMENT E-FILED UNDER SEAL re #345 Order on Administrative Motion to File Under Seal /Dollar Tree Stores, Inc.'s Opposition to Motion for Order Compelling Production of Documents from Dollar Tree by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 10/31/2011)
October 31, 2011 Filing 347 Declaration of Patrick L. Abramowich in Support of #346 Letter Brief, in Opposition to Motion for Order Compelling Production of Documents from Dollar Tree (filed with redacted exhibits per Order of Court at Doc. No. 345) filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1 (redacted), #2 Exhibit 2 (redacted), #3 Exhibit 3 (redacted), #4 Exhibit 4 (redacted))(Related document(s) #346 ) (Marinstein, Jay) (Filed on 10/31/2011)
October 31, 2011 Filing 346 Letter Brief re #331 Letter Brief /Opposition to Motion for Order Compelling Production of Documents from Dollar Tree (redacted version - unredacted version filed under seal per Order of Court at Doc. No. 345) filed byDollar Tree Stores, Inc.. (Related document(s) #331 ) (Marinstein, Jay) (Filed on 10/31/2011)
October 31, 2011 Opinion or Order Filing 345 ORDER by Magistrate Judge Nandor J. Vadas granting #344 Administrative Motion to File Under Seal (njvlc2, COURT STAFF) (Filed on 10/31/2011)
October 28, 2011 Filing 344 Administrative Motion to File Under Seal Opposition to Motion to Compel filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order, #2 Declaration)(Marinstein, Jay) (Filed on 10/28/2011)
October 28, 2011 Filing 343 Declaration of Mark V. Isola in Support of #342 Letter Brief, filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #342 ) (Isola, Mark) (Filed on 10/28/2011)
October 28, 2011 Filing 342 Letter Brief In Opposition to Plaintiff's Motion to Compel Production of Metadata filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 10/28/2011)
October 28, 2011 Opinion or Order Filing 341 ORDER re #285 Letter Brief filed by Dollar Tree Stores, Inc., #299 Letter Brief, filed by Dollar Tree Stores, Inc., #295 Request for Judicial Notice, filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Peter Pau, #305 Letter Brief, filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Peter Pau, #294 Objection, filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Peter Pau, #308 MOTION for Leave to File Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception Addressing Newly Discovered Evidence filed by Dollar Tree Stores, Inc., #313 Objection, filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Peter Pau. Signed by Magistrate Judge Nandor J. Vadas on 10/28/2011. (njvlc2, COURT STAFF) (Filed on 10/28/2011)
October 27, 2011 Opinion or Order Filing 340 ORDER re #321 Letter Brief filed by Dollar Tree Stores, Inc. Signed by Magistrate Judge Nandor J. Vadas on 10/27/2011. (njvlc2, COURT STAFF) (Filed on 10/27/2011)
October 27, 2011 Opinion or Order Filing 339 ORDER re #324 Letter Brief filed by Dollar Tree Stores, Inc.. Signed by Magistrate Judge Nandor J. Vadas on 10/27/2011. (njvlc2, COURT STAFF) (Filed on 10/27/2011)
October 26, 2011 Filing 338 AMENDED COMPLAINT /Plaintiff Dollar Tree Stores, Inc.'s First Amended Consolidated Complaint for Damages, Avoidance, Injunctive Relief, Declaratory Relief, Breach of Contract, Unfair Competition, Fraudulent Conveyance, and Breach of Fiduciary Duty against Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, Part 1 of 2, #16 Exhibit 15, Part 2 of 2, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28)(Marinstein, Jay) (Filed on 10/26/2011)
October 26, 2011 Opinion or Order Filing 337 ORDER Further Case Management Conference set for 12/16/2011 03:00 PM. Jury Selection set for 2/6/2012 08:30 AM before Hon. Susan Illston. Jury Trial set for 2/6/2012 08:30 AM before Hon. Susan Illston. Motion Hearing set for 12/16/2011 09:00 AM before Hon. Susan Illston. Pretrial Conference set for 1/24/2012 03:30 PM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 10/26/2011)
October 24, 2011 Filing 336 STIPULATION Granting Leave to File First Amended Consolidated Complaint, to Amend Pretrial Preparation Order Dates Relating to Expert Disclosures and Dispositive Motions, and to Conduct Depositon of Fact Witness After Close of Non-Expert Discovery by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 10/24/2011)
October 21, 2011 Filing 335 Proposed Order re #333 Letter Brief Re Motion to Compel Production by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 10/21/2011)
October 21, 2011 Filing 334 Declaration of Patrick L. Ambramowich in Support of #333 Letter Brief Motion to Compel Production filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Related document(s) #333 ) (Faustman, David) (Filed on 10/21/2011)
October 21, 2011 Filing 333 Letter Brief Re Motion for Order Compelling Production of Documents filed byDollar Tree Stores, Inc.. (Faustman, David) (Filed on 10/21/2011)
October 21, 2011 Filing 332 Declaration of Tyler J. Olson in Support of #331 Letter Brief Re Motion for Order Compelling Production of Documents from Dollar Tree filed byToyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #331 ) (Rehon, Peter) (Filed on 10/21/2011)
October 21, 2011 Filing 331 Letter Brief Re Motion for Order Compelling Production of Documents from Dollar Tree filed byToyama Partners, LLC. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 10/21/2011)
October 20, 2011 Filing 330 Minute Entry: Arguments heard, matter submitted. Court to issue order.Motion Hearing held on 10/19/2011 before Magistrate Judge Nandor J. Vadas (Date Filed: 10/20/2011) re #302 Administrative Motion to File Under Seal filed by Dollar Tree Stores, Inc., #308 MOTION for Leave to File Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception Addressing Newly Discovered Evidence filed by Dollar Tree Stores, Inc. (Court Reporter Joan Columbini.) (sis, COURT STAFF) (Date Filed: 10/20/2011)
October 18, 2011 Filing 329 Minute Entry: Further Case Management Conference (Date Filed: 10/18/2011). Further Case Management Conference set for 12/2/2011 03:00 PM. () (tf, COURT STAFF) (Date Filed: 10/18/2011)
October 14, 2011 Filing 328 Declaration of Mark V. Isola in Support of #327 Letter Brief, In Support of Defendants' Opposition to Plaintiff's Motion to Compel Responses to Requests for Admissions filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #327 ) (Isola, Mark) (Filed on 10/14/2011)
October 14, 2011 Filing 327 Letter Brief in Opposition to Plaintiff's Motion to Compel Responses to Requests for Admissions filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 10/14/2011)
October 14, 2011 Filing 326 Letter Brief In Support of Plaintiff Dollar Tree Stores, Inc.'s Motion for Alternate Service of Subpoena on Rich Daniel filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 10/14/2011)
October 14, 2011 Filing 325 Declaration of Patrick L. Abramowich in Support of #324 Letter Brief /Motion for Alternate Service filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #324 ) (Marinstein, Jay) (Filed on 10/14/2011)
October 14, 2011 Filing 324 Letter Brief /Motion for Alternate Service filed byDollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 10/14/2011)
October 7, 2011 Opinion or Order Filing 323 ORDER to extend deadlines for motion to compel fact discovery. Signed by Judge Illston on 10/7/11. re #319 (tf, COURT STAFF) (Filed on 10/7/2011) Modified on 10/11/2011 (ysS, COURT STAFF).
October 7, 2011 Filing 322 Declaration of Patrick L. Abramowich in Support of #321 Letter Brief /Declaration of Patrick L. Abramowich in Support of Motion to Compel Responses to Requests for Admissions Numbers 8 through 11 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #321 ) (Marinstein, Jay) (Filed on 10/7/2011)
October 7, 2011 Filing 321 Letter Brief /Letter Motion to Compel Responses to Requests for Admissions Numbers 8 through 11 filed byDollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 10/7/2011)
October 7, 2011 Filing 320 JOINT CASE MANAGEMENT STATEMENT filed by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Marinstein, Jay) (Filed on 10/7/2011)
October 7, 2011 Filing 319 STIPULATION To Extend Deadline for Motions to Compel Fact Discovery; [Proposed] Order by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 10/7/2011)
October 5, 2011 Filing 318 Letter Brief In Opposition to Dollar Tree's Reply in Support of It's Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception Addressing Newly-Discovered Evidence filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Roberts, Lisa) (Filed on 10/5/2011)
October 4, 2011 Filing 317 Letter Brief re #285 Letter Brief /Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception Addressing Newly-Discovered Evidence filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 8 (filed per directive of the Court; no other exhibits permitted))(Related document(s) #285 ) (Marinstein, Jay) (Filed on 10/4/2011)
October 3, 2011 Filing 316 DECLARATION of Mark V. Isola In Response to Plaintiff's Administrative Motions to File Documents Designated Confidential by Defendants Under Seal filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 10/3/2011)
September 30, 2011 Opinion or Order Filing 315 ORDER amending pretrial order re: expert witnesses (tf, COURT STAFF) (Filed on 9/30/2011)
September 30, 2011 Opinion or Order Filing 314 ORDER re Plaintiff's Motion to Compel and re Following Local Rules and Court's Standing Order. Signed by Magistrate Judge Nandor J. Vadas on September 30, 2011. (njvlc2, COURT STAFF) (Filed on 9/30/2011)
September 29, 2011 Filing 313 OBJECTIONS to Evidence in Support of Defendants' Opposition to Plaintiff's Motion to Compel Production of Documents Under Crime Fraud Exception (Supplemental) by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 9/29/2011)
September 29, 2011 Filing 312 Letter Brief (Supplemental) Pursuant to September 15, 2011 Order filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 9/29/2011)
September 29, 2011 Filing 311 Declaration of Jay D. Marinstein in Support of #310 Letter in opposition to Defendants' Motion to Strike filed byDollar Tree Stores, Inc.. (Related document(s) #310 ) (Marinstein, Jay) (Filed on 9/29/2011)
September 29, 2011 Filing 310 Letter in opposition to Defendant's "Motion to Strike". (Marinstein, Jay) (Filed on 9/29/2011)
September 29, 2011 Filing 309 Declaration of Jay D. Marinstein in Support of #308 MOTION for Leave to File Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception Addressing Newly Discovered Evidence filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #308 ) (Marinstein, Jay) (Filed on 9/29/2011)
September 29, 2011 Filing 308 MOTION for Leave to File Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception Addressing Newly Discovered Evidence filed by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, Part 1 of 4, #2 Exhibit 1, Part 2 of 4, #3 Exhibit 1, Part 3 of 4, #4 Exhibit 1, Part 4 of 4, #5 Proposed Order)(Marinstein, Jay) (Filed on 9/29/2011)
September 29, 2011 Filing 307 STIPULATION re #280 Pretrial Order, #296 Order, Set Hearings /Stipulation to Amend Pretrial Preparation Order Dates Relating to Expert Witnesses by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Marinstein, Jay) (Filed on 9/29/2011)
September 23, 2011 Filing 306 Declaration of Mark V. Isola in Support of #305 Letter Brief, filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #305 ) (Isola, Mark) (Filed on 9/23/2011)
September 23, 2011 Filing 305 Letter Brief Re Motion to Strike Plaintiff's Letter Brief Filed in Violation of Court Orders or for Alternative Relief filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 9/23/2011)
September 23, 2011 Filing 304 CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re #302 Administrative Motion to File Under Seal (Faustman, David) (Filed on 9/23/2011)
September 23, 2011 Filing 303 ANSWER TO COUNTERCLAIM #288 Counterclaim /Answer and Affirmative and Additional Defenses to Counterclaim for Declaratory Relief byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 9/23/2011)
September 22, 2011 Filing 302 Administrative Motion to File Under Seal filed by Dollar Tree Stores, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Marinstein, Jay) (Filed on 9/22/2011)
September 22, 2011 Filing 301 Declaration of Patrick L. Abramowich in Support of #299 Letter Brief, /Declaration of Patrick L. Abramowich in Support of Plaintiff Dollar Tree Stores, Inc.'s Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Related document(s) #299 ) (Marinstein, Jay) (Filed on 9/22/2011)
September 22, 2011 Filing 300 Declaration of Jay D. Marinstein in Support of #299 Letter Brief, /Declaration of Jay D. Marinstein in Support of Plaintiff Dollar Tree Stores, Inc.'s Reply in Support of Motino to Compel Production of Withheld Documents Under the Crime-Fraud Exception filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Related document(s) #299 ) (Marinstein, Jay) (Filed on 9/22/2011)
September 22, 2011 Filing 299 Letter Brief re #298 Order, #285 Letter Brief /Reply in Support of Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception filed byDollar Tree Stores, Inc.. (Related document(s) #298 , #285 ) (Marinstein, Jay) (Filed on 9/22/2011)
September 15, 2011 Opinion or Order Filing 298 ORDER re #285 Letter Brief filed by Dollar Tree Stores, Inc. Signed by Magistrate Judge Nandor J. Vadas on 09/15/2011. (njvlc2, COURT STAFF) (Filed on 9/15/2011)
September 9, 2011 Opinion or Order Filing 297 ORDER denying without prejudice #287 Stipulation, filed by Capella-Mowry, LLC, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Dollar Tree Stores, Inc., Peter Pau. Signed by Judge Nandor J. Vadas on 09/09/2011. (njvlc2, COURT STAFF) (Filed on 9/9/2011)
September 8, 2011 Opinion or Order Filing 296 ORDER Further Case Management Conference set for 10/14/2011 03:00 PM. EXPERT DEADLINES ADJUSTED(tf, COURT STAFF) (Filed on 9/8/2011)
September 6, 2011 Filing 295 Request for Judicial Notice re #291 Letter Brief, In Support of Defendants' Opposition to Plaintiff's Motion to Compel Production of Documents Under Crime Fraud Exception filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2))(Related document(s) #291 ) (Rehon, Peter) (Filed on 9/6/2011)
September 6, 2011 Filing 294 OBJECTIONS to re #291 Letter Brief, Evidence in Support of Defendants' Opposition to Plaintiff's Motion to Compel Production of Documents Under Crime Fraud Exception by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 9/6/2011)
September 6, 2011 Filing 293 Declaration of Peter M. Rehon in Support of #291 Letter Brief, Defendants' Opposition to Plaintiff's Motion to Compel Production of Documents Under Crime Fraud Exception filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A)(Related document(s) #291 ) (Rehon, Peter) (Filed on 9/6/2011)
September 6, 2011 Filing 292 Declaration of Peter Pau in Support of #291 Letter Brief, Defendants' Opposition to Plaintiff's Motion to Compel Production of Documents Under Crime Fraud Exception filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #291 ) (Rehon, Peter) (Filed on 9/6/2011)
September 6, 2011 Filing 291 Letter Brief Defendants' Opposition to Plaintiff's Motion to Compel Production of Documents Under Crime Fraud Exception filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Rehon, Peter) (Filed on 9/6/2011)
September 6, 2011 Filing 290 STIPULATION re #280 Pretrial Order, #279 Case Management Conference - Initial,, Set Hearings, /Stipulation to Amend Pretrial Preparation Order Dates and Case Management Conference Date by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Marinstein, Jay) (Filed on 9/6/2011)
September 2, 2011 Filing 289 ANSWER to Amended Complaint Defendants' Answer to Plaintiff Dollar Tree Stores, Inc.'s Consolidated Complaint byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 9/2/2011)
September 2, 2011 Filing 288 COUNTERCLAIM for Declaratory Relief against Dollar Tree Stores, Inc.. Filed byToyama Partners, LLC, Capella-Mowry, LLC, Peter Pau, Peter Pau d/b/a Sand Hill Property Company. (Isola, Mark) (Filed on 9/2/2011)
August 31, 2011 Filing 287 STIPULATION re #286 Declaration in Support, /Stipulation to Filing the Declaration of Jay D. Marinstein in Support of Plaintiff's Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception Under Seal by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Marinstein, Jay) (Filed on 8/31/2011)
August 30, 2011 Filing 286 Declaration of Jay D. Marinstein in Support of #285 Letter Brief /Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #285 ) (Marinstein, Jay) (Filed on 8/30/2011)
August 30, 2011 Filing 285 Letter Brief /Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception filed byDollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 8/30/2011)
August 25, 2011 Filing 284 DOCUMENT E-FILED UNDER SEAL re #283 Order Granting Motion to File Under Seal - Consolidated Complaint by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Faustman, David) (Filed on 8/25/2011) Modified on 8/26/2011 (ysS, COURT STAFF).
August 24, 2011 Opinion or Order Filing 283 ORDER Granting Motion to File Under Seal re #282 Stipulation. (tf, COURT STAFF) (Filed on 8/24/2011) Modified on 8/25/2011 (ysS, COURT STAFF).
August 11, 2011 Filing 282 STIPULATION re #281 Amended Complaint,,, Stipulation to Filing of Plaintiff Dollar Tree Stores, Inc.'s Consolidated Complaint Under Seal by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Marinstein, Jay) (Filed on 8/11/2011)
August 11, 2011 Filing 281 AMENDED COMPLAINT Plaintiff Dollar Tree Stores, Inc.'s Consolidated Complaint for Damages, Avoidance, Injunctive Relief, Declaratory Relief, Breach of Contract, Unfair Competition, Fraudulent Conveyance, and Breach of Fiduciary Duty against Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. Filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, Part 1 of 2, #16 Exhibit 15, Part 2 of 2, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(Marinstein, Jay) (Filed on 8/11/2011)
August 4, 2011 Filing 280 PRETRIAL ORDER (Attachments: #1 Standing Order)(tf, COURT STAFF) (Filed on 8/4/2011)
August 2, 2011 Filing 279 Minute Entry: Initial Case Management Conference (Date Filed: 8/2/2011). Further Case Management Conference set for 10/7/2011 03:00 PM. Final Pretrial Conference set for 12/20/2011 03:30 PM. Jury Selection set for 1/17/2012 08:30 AM before Hon. Susan Illston. Jury Trial set for 1/17/2012 08:30 AM before Hon. Susan Illston. Motion Hearing set for 12/2/2011 09:00 AM before Hon. Susan Illston. () (tf, COURT STAFF) (Date Filed: 8/2/2011)
August 2, 2011 Filing 278 Minute Entry: Motion Hearing HELD 7/29/11 (Date Filed: 8/2/2011) re (228 in 3:10-cv-00325-SI) MOTION to Consolidate Cases filed by Dollar Tree Stores, Inc.. (Court Reporter 7/29/11.) (tf, COURT STAFF) (Date Filed: 8/2/2011)
August 1, 2011 Opinion or Order Filing 277 ORDER GRANTING PLAINTIFF'S MOTION TO CONSOLIDATE; DENYING DEFENDANTS' MOTIONS TO DISMISS re #228 . An amended complaint, or alternatively, a plan of coordination is due 8/12/11. (SI, COURT STAFF) (Filed on 8/1/2011) Modified on 8/2/2011 (ys, COURT STAFF).
July 30, 2011 Filing 276 Transcript of Proceedings held on 07/29/2011, before Judge Susan Illston. Court Reporter/Transcriber Lydia Zinn, Telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/28/2011. (Zinn, Lydia) (Filed on 7/30/2011)
July 28, 2011 Opinion or Order Filing 275 ORDER (AS MODIFIED) Amended Joint Stipulated Agreement and Order on Confidentiality (tf, COURT STAFF) (Filed on 7/28/2011)
July 27, 2011 Filing 274 STIPULATION re #83 Order Amended Joint Stipulated Agreement and Order on Confidentiality by Capella-Mowry, LLC, Dollar Tree Stores, Inc., Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Marinstein, Jay) (Filed on 7/27/2011)
July 26, 2011 Opinion or Order Filing 273 ORDER by Judge Nandor J. Vadas granting in part and denying in part #252 Plaintiff's Motion to Compel Defendant Toyama and Cootnz to supplement their privilege logs. (njvlc2, COURT STAFF) (Filed on 7/26/2011)
July 20, 2011 Filing 272 Declaration in Support of #271 Order, #252 MOTION to Compel Production of Privilege Logs filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #271 , #252 ) (Marinstein, Jay) (Filed on 7/20/2011)
July 19, 2011 Opinion or Order Filing 271 ORDER Requiring Supplemental Briefing re #252 Plaintiff's MOTION to Compel Production of Privilege Logs. By close of business, Thursday, July 21, 2011, the Court orders Plaintiff to supplement its briefing by filing a declaration limited to two (2) pages and attaching Plaintiffs privilege log(s) that have been served on Defendants. Signed by Judge Nandor J. Vadas on July 19, 2011. (njvlc2, COURT STAFF) (Filed on 7/19/2011)
July 19, 2011 Opinion or Order Filing 270 ORDER granting in part and denying in part discovery disputes raised in the #216 Joint 6/3/11 Letter. Status conference held re: #246 Plaintiff's 6/29/11 letter. The parties are ordered to continue their meet and confer efforts to resolve the deposition issues raised in #246 Plaintiff's 6/29/11 letter. Signed by Judge Nandor J. Vadas on July 19, 2011. (njvlc2, COURT STAFF) (Filed on 7/19/2011)
July 18, 2011 Filing 269 DOCUMENT E-FILED UNDER SEAL re #265 Order on Administrative Motion to File Under Seal Agreement by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 7/18/2011)
July 18, 2011 Filing 268 DOCUMENT E-FILED UNDER SEAL re #265 Order on Administrative Motion to File Under Seal Ledger by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 7/18/2011)
July 16, 2011 Filing 267 Transcript of Proceedings held on 7-14-11, before Judge Nandor J. Vadas. Court Reporter/Transcriber Katherine Wyatt, Telephone number 925-212-5224. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/14/2011. (kpw, COURT STAFF) (Filed on 7/16/2011)
July 15, 2011 Opinion or Order Filing 266 ORDER by Judge Nandor J. Vadas granting in part and denying in part #238 Defendants' Motion to Compel Compliance with Stipulated Confidentiality Agreement. Counsel for all parties ordered to engage in a meaningful in-person meet and confer regarding any remaining designation issues. (njvlc2, COURT STAFF) (Filed on 7/15/2011)
July 14, 2011 Opinion or Order Filing 265 ORDER by Judge Nandor J. Vadas granting #226 Plaintiff's Administrative Motion to File Under Seal. (njvlc2, COURT STAFF) (Filed on 7/14/2011)
July 14, 2011 Filing 264 Minute Entry: Motion Hearing held on 7/14/2011 before NandorJ. Vadas (Date Filed: 7/14/2011) re #252 MOTION to Compel Production of Privilege Logs filed by Dollar Tree Stores, Inc. After hearing oral arguments, the matter was taken under submission. (Court Reporter Kathy Wyatt.) (fj, COURT STAFF) (Date Filed: 7/14/2011)
July 12, 2011 Filing 263 OBJECTIONS to Evidence in Opposition to #252 Plaintiff's Motion to Compel Privilege Logs by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Roberts, Lisa) (Filed on 7/12/2011) Modified on 7/13/2011 (mjj2S, COURT STAFF).
July 12, 2011 Filing 262 Request for Judicial Notice in Support of #260 Defendants' Opposition to Plaintiff's Motion to Compel Privilege Logs filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Roberts, Lisa) (Filed on 7/12/2011) Modified on 7/13/2011 (mjj2S, COURT STAFF).
July 12, 2011 Filing 261 DECLARATION of Lisa C. Roberts in Opposition to #252 Plaintiff's Motion to Compel Production of Privilege Logs filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A)(Roberts, Lisa) (Filed on 7/12/2011) Modified on 7/13/2011 (mjj2S, COURT STAFF).
July 12, 2011 Filing 260 RESPONSE (re #252 MOTION to Compel Production of Privilege Logs ) Defendants' Opposition to Plaintiff's Motion to Compel Privilege Logs filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Roberts, Lisa) (Filed on 7/12/2011)
July 12, 2011 Opinion or Order Filing 259 ORDER by Judge Nandor J. Vadas denying #254 Plaintiff's Motion to Shorten Time. (njvlc2, COURT STAFF) (Filed on 7/12/2011)
July 8, 2011 Filing 258 DECLARATION of Peter M. Rehon in Opposition to #254 MOTION to Shorten Time for Disposition of Motion to Compel Production of Privilege Logs filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Related document(s) #254 ) (Isola, Mark) (Filed on 7/8/2011)
July 8, 2011 Filing 257 RESPONSE (re #254 MOTION to Shorten Time for Disposition of Motion to Compel Production of Privilege Logs ) filed byToyama Partners, LLC. (Isola, Mark) (Filed on 7/8/2011)
July 8, 2011 Filing 256 CLERKS NOTICE Continuing Motion Hearing, Set/Reset Deadlines as to #228 MOTION to Consolidate Cases, #217 MOTION to Consolidate Cases and Leave to File Under Seal. Motion Hearing set for 7/29/2011 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 7/8/2011)
July 7, 2011 Filing 255 Declaration of Jay D. Marinstein in Support of #254 MOTION to Shorten Time for Disposition of Motion to Compel Production of Privilege Logs filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #254 ) (Marinstein, Jay) (Filed on 7/7/2011)
July 7, 2011 Filing 254 MOTION to Shorten Time for Disposition of Motion to Compel Production of Privilege Logs filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 7/7/2011)
July 5, 2011 Filing 253 Declaration of Patrick L. Abramowich in Support of #252 MOTION to Compel Production of Privilege Logs filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #252 ) (Marinstein, Jay) (Filed on 7/5/2011)
July 5, 2011 Filing 252 MOTION to Compel Production of Privilege Logs filed by Dollar Tree Stores, Inc.. Motion Hearing set for 8/9/2011 11:00 AM in Courtroom, 2nd Floor, Eureka before Magistrate Judge Nandor J. Vadas. Responses due by 7/19/2011. Replies due by 7/26/2011. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 7/5/2011)
July 5, 2011 Filing 251 CLERKS NOTICE re Document #246 (No. 10-325) and Document #22 (No. 11-2696)issues will be addressed in hearing scheduled for July 14, 2011. (glm, COURT STAFF) (Filed on 7/5/2011)
June 30, 2011 Filing 250 Letter from Peter M. Rehon. (Isola, Mark) (Filed on 6/30/2011)
June 30, 2011 Opinion or Order Filing 249 ORDER granting in part and denying in part #219 Defendants' motion to re-depose Plaintiff. Signed by Judge Nandor J. Vadas on June 30, 2011. (njvlc2, COURT STAFF) (Filed on 6/30/2011)
June 30, 2011 Opinion or Order Filing 248 ORDER OF REFERRAL (SI, COURT STAFF) (Filed on 6/30/2011)
June 29, 2011 Filing 247 CLERKS NOTICE Motion Hearing set for 7/14/2011 01:00 PM in Courtroom 14, 18th Floor, San Francisco before Magistrate Judge Nandor J. Vadas. (glm, COURT STAFF) (Filed on 6/29/2011)
June 29, 2011 Filing 246 Letter Brief Requesting Telephonic Status Conference filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Marinstein, Jay) (Filed on 6/29/2011)
June 28, 2011 Filing 245 Declaration of Patrick L. Abramowich in Support of #244 Reply to Opposition/Response of Motion for Consolidation filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Related document(s) #244 ) (Marinstein, Jay) (Filed on 6/28/2011)
June 28, 2011 Filing 244 REPLY (re #228 MOTION to Consolidate Cases ) in Further Support of Motion for Consolidation filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 6/28/2011)
June 21, 2011 Filing 243 DECLARATION of Lisa C. Roberts in Opposition to #226 Administrative Motion to File Under Seal filed byCapella-Mowry, LLC, Peter Pau, Toyama Partners, LLC. (Attachments: #1 Errata A)(Related document(s) #226 ) (Isola, Mark) (Filed on 6/21/2011)
June 21, 2011 Filing 242 RESPONSE (re #226 Administrative Motion to File Under Seal ) filed byCapella-Mowry, LLC, Peter Pau, Toyama Partners, LLC. (Attachments: #1 Proposed Order)(Isola, Mark) (Filed on 6/21/2011)
June 21, 2011 Filing 241 DECLARATION of Lisa C. Roberts in Opposition to #228 MOTION to Consolidate Cases filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Related document(s) #228 ) (Isola, Mark) (Filed on 6/21/2011)
June 21, 2011 Filing 240 RESPONSE (re #228 MOTION to Consolidate Cases ) filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Proposed Order)(Isola, Mark) (Filed on 6/21/2011)
June 21, 2011 Filing 239 DOCUMENT E-FILED UNDER SEAL re #237 Order on Administrative Motion to File Under Seal ; Declaration of Lisa C. Roberts In Support of #238 Motion for Order Compelling Compliance with Protective Order or in the Alternative Removing Confidentiality Designations by Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Isola, Mark) (Filed on 6/21/2011) Modified on 6/21/2011 (ysS, COURT STAFF).
June 21, 2011 Filing 238 DOCUMENT E-FILED UNDER SEAL re #237 Order on Administrative Motion to File Under Seal - Re Motion for Order Compelling Compliance with Protective Order or in the Alternative Removing Confidentiality Designations by Toyama Partners, LLC. (Attachments: #1 Proposed Order)(Isola, Mark) (Filed on 6/21/2011) Modified on 6/21/2011 (ysS, COURT STAFF).
June 20, 2011 Opinion or Order Filing 237 ORDER granting #223 Administrative Motion to File Under Seal (tf, COURT STAFF) (Filed on 6/20/2011)
June 20, 2011 Filing 236 corrected ORDER RELATING CASE to 11-2696. (tf, COURT STAFF) (Filed on 6/20/2011) Modified on 6/20/2011 (ys, COURT STAFF).
June 20, 2011 Opinion or Order Filing 235 ORDER RELATING CASE. (tf, COURT STAFF) (Filed on 6/20/2011)
June 15, 2011 Filing 234 Declaration of Patrick L. Abramowich in Support of #233 Letter Brief, Opposition to Toyama's Motion for Order Compelling Compliance with Protective Order filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #233 ) (Marinstein, Jay) (Filed on 6/15/2011)
June 15, 2011 Filing 233 Letter Brief re #223 Administrative Motion to File Under Seal In Opposition to Toyama Partners, LLC's Motion for Order Compelling Compliance with Protective Order or in the Alternative Removing Confidentiality Designations filed byDollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #223 ) (Marinstein, Jay) (Filed on 6/15/2011)
June 14, 2011 Filing 232 Declaration of Jay D. Marinstein in Support of #231 Letter Brief, In Support of Opposition to Motion to Allow Defendants to Re-Depose Dollar Tree Stores, Inc. filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #231 ) (Marinstein, Jay) (Filed on 6/14/2011)
June 14, 2011 Filing 231 Letter Brief re #219 Letter Brief, Opposition to Motion to Allow Defendants to Re-Depose Dollar Tree Stores, Inc. filed byDollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #219 ) (Marinstein, Jay) (Filed on 6/14/2011)
June 13, 2011 Filing 230 Declaration of Patrick L. Abramowich in Support of #229 Opposition/Response to Motion filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #229 ) (Marinstein, Jay) (Filed on 6/13/2011)
June 13, 2011 Filing 229 RESPONSE (re #223 Administrative Motion to File Under Seal ) filed byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 6/13/2011)
June 9, 2011 Filing 228 MOTION to Consolidate Cases filed by Dollar Tree Stores, Inc.. Motion Hearing set for 7/15/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (Attachments: #1 Declaration of Patrick Abramowich, #2 Proposed Order)(Marinstein, Jay) (Filed on 6/9/2011)
June 8, 2011 Filing 227 CLERKS NOTICE YOU ARE HEREBY NOTIFIED THAT plaintiff filed a motion to consolidate case and for leave to file under seal (#217). These two motions must be filed as separate requests. The motion to consolidate is pursuant to Local Rule 7 and the Motion to Seal should be filed pursuant to Local Rule 79-5.Plaintiff is directed to immediately correct this matter by re-filing the motion to seal in compliance with the Rules. The Motion to Consolidate shall remain on the July 15th calendar, and terminating the motion to seal as improperly filed. (tf, COURT STAFF) (Filed on 6/8/2011)
June 8, 2011 Filing 226 Administrative Motion to File Under Seal filed by Dollar Tree Stores, Inc.. (Attachments: #1 Stipulation, #2 Proposed Order)(Marinstein, Jay) (Filed on 6/8/2011)
June 8, 2011 Filing 225 STIPULATION re #224 MOTION to Relate Case Administrative Motion to Consider Whether Cases Should Be Related by Dollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 6/8/2011)
June 8, 2011 Filing 224 MOTION to Relate Case Administrative Motion to Consider Whether Cases Should Be Related to 11-2696-LB filed by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Marinstein, Jay) (Filed on 6/8/2011) Modified on 6/9/2011 (ys, COURT STAFF).
June 8, 2011 Filing 223 Administrative Motion to File Under Seal filed by Toyama Partners, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Rehon, Peter) (Filed on 6/8/2011)
June 8, 2011 Filing 222 *** FILED IN ERROR. PLEASE SEE DOCKET #223 . *** Administrative Motion to File Under Seal filed by Toyama Partners, LLC. (Attachments: #1 Proposed Order)(Rehon, Peter) (Filed on 6/8/2011) Modified on 6/9/2011 (ewn, COURT STAFF).
June 7, 2011 Filing 221 Proposed Order re #219 Letter Brief, Re Motion to Allow Defendants to Re-Depose Dollar Tree Stores, Inc. by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 6/7/2011)
June 7, 2011 Filing 220 Declaration of Lisa C. Roberts in Support of #219 Letter Brief, filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #219 ) (Isola, Mark) (Filed on 6/7/2011)
June 7, 2011 Filing 219 Letter Brief Re Motion to Allow Defendants to Re-Depose Dollar Tree Stores, Inc. filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 6/7/2011)
June 7, 2011 Filing 218 Declaration of Patrick L. Abramowich in Support of #217 MOTION to Consolidate Cases and Leave to File Under Seal filed byDollar Tree Stores, Inc.. (Related document(s) #217 ) (Faustman, David) (Filed on 6/7/2011)
June 7, 2011 Filing 217 MOTION to Consolidate Cases to 11-2696-LB and Leave to File Under Seal filed by Dollar Tree Stores, Inc.. Motion Hearing set for 7/15/2011 09:00 AM before Hon. Susan Illston. (Attachments: #1 Proposed Order)(Faustman, David) (Filed on 6/7/2011) Modified on 6/8/2011 (ys, COURT STAFF).
June 3, 2011 Filing 216 Letter from Jay D. Marinstein and Lisa C. Roberts Pursuant to May 5, 2011 Order. (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Marinstein, Jay) (Filed on 6/3/2011)
May 25, 2011 Filing 215 NOTICE of Hearing: Motion Hearing set for 10/7/2011 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 5/25/2011)
May 24, 2011 Filing 214 Minute Entry: Further Case Management Conference HELD ON 5/20/11(Date Filed: 5/24/2011). Final Pretrial Conference set for 10/11/2011 03:30 PM. Jury Selection set for 10/17/2011 08:30 AM before Hon. Susan Illston. Jury Trial set for 10/17/2011 08:30 AM before Hon. Susan Illston. Motion Hearing set for 10/4/2011 09:00 AM before Hon. Susan Illston. () (tf, COURT STAFF) (Date Filed: 5/24/2011) Modified on 5/24/2011 (tf, COURT STAFF).
May 24, 2011 Filing 213 PRETRIAL ORDER (Attachments: #1 Standing Order)(tf, COURT STAFF) (Filed on 5/24/2011)
May 18, 2011 Filing 212 ANSWER TO COUNTERCLAIM #206 Counterclaim byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 5/18/2011)
May 18, 2011 Filing 211 ANSWER TO COUNTERCLAIM #204 Counterclaim byDollar Tree Stores, Inc.. (Marinstein, Jay) (Filed on 5/18/2011)
May 16, 2011 Filing 210 JOINT CASE MANAGEMENT STATEMENT , Federal Rule 26(f) Report, and [Proposed] Order filed by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 5/16/2011)
May 5, 2011 Opinion or Order Filing 209 ORDER requiring the parties to engage in an in-person meet and confer regarding the pending discovery disputes. Signed by Judge Nandor J. Vadas on May 5, 2011. (njvlc2, COURT STAFF) (Filed on 5/5/2011)
May 2, 2011 Filing 208 NOTICE of Voluntary Dismissal as to Defendant Comerica Bank Only by Dollar Tree Stores, Inc. (Marinstein, Jay) (Filed on 5/2/2011)
April 28, 2011 Filing 207 CERTIFICATION OF MEDIATION Session 4/27/2011, case not settled, mediation complete. Signed by Mediator, Howard A. Herman, dated 4/27/2011. (af, COURT STAFF) (Filed on 4/28/2011)
April 27, 2011 Filing 206 First COUNTERCLAIM for Declaratory Relief against Dollar Tree Stores, Inc.. Filed bySusanna Pau, Peter Pau, Sand Hill Property Management Company, Peter Pau d/b/a Sand Hill Property Company. (Isola, Mark) (Filed on 4/27/2011)
April 27, 2011 Filing 205 ANSWER to #163 Third Amended Complaint byPeter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company. (Isola, Mark) (Filed on 4/27/2011) Modified on 4/28/2011 (ys, COURT STAFF).
April 27, 2011 Filing 204 First COUNTERCLAIM for Declaratory Relief against Dollar Tree Stores, Inc.. Filed byCapella-Mowry, LLC. (Isola, Mark) (Filed on 4/27/2011)
April 27, 2011 Filing 203 ANSWER to #163 Third Amended Complaint byCapella-Mowry, LLC. (Isola, Mark) (Filed on 4/27/2011) Modified on 4/28/2011 (ys, COURT STAFF).
April 26, 2011 CASE REFERRED to Magistrate Judge Nandor J. Vadas for Discovery. (tmi, COURT STAFF) (Filed on 4/26/2011)
April 25, 2011 CASE REFERRED to Magistrate Judge for Discovery (tf, COURT STAFF) (Filed on 4/25/2011)
April 22, 2011 Opinion or Order Filing 202 ORDER OF REFERRAL (SI, COURT STAFF) (Filed on 4/22/2011)
April 22, 2011 Filing 201 Declaration of Mark V. Isola in Support of #199 Letter Brief, Opposition to Second Motion to Compel Documents on Subpoenas filed byPeter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company. (Attachments: #1 Exhibit A)(Related document(s) #199 ) (Isola, Mark) (Filed on 4/22/2011)
April 22, 2011 Filing 200 Declaration of Lisa C. Roberts in Support of #199 Letter Brief, Opposition to Second Motion to Compel Documents on Subpoenas filed byPeter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company. (Related document(s) #199 ) (Isola, Mark) (Filed on 4/22/2011)
April 22, 2011 Filing 199 Letter Brief In Opposition to Dollar Tree's Second Motion to Compel Documents on Subpoenas filed byPeter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company. (Attachments: #1 Proposed Order)(Isola, Mark) (Filed on 4/22/2011)
April 20, 2011 Filing 198 CLERKS NOTICE the Court has received notice that numerous letter briefs have been filed regarding discovery. Counsel is reminded to provide chambers with a hard copy of all e.filed documents. The Judge has not received the copies of most of the filings (tf, COURT STAFF) (Filed on 4/20/2011)
April 19, 2011 Filing 197 ANSWER to #163 Third Amended Complaint byToyama Partners, LLC. (Isola, Mark) (Filed on 4/19/2011) Modified on 4/20/2011 (ys, COURT STAFF).
April 18, 2011 Filing 196 Proposed Order re #172 Letter Brief Re Motion for Protective Order by Capella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Isola, Mark) (Filed on 4/18/2011)
April 18, 2011 Filing 195 Declaration of Patrick L. Abramowich in Support of #194 Letter Brief, filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #194 ) (Marinstein, Jay) (Filed on 4/18/2011)
April 18, 2011 Filing 194 Letter Brief Motion to Compel Documents Pursuant to Subpoenas filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Marinstein, Jay) (Filed on 4/18/2011)
April 15, 2011 Filing 193 Letter Brief re #192 Declaration in Support, #191 Letter Brief filed byPeter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #192 , #191 ) (Isola, Mark) (Filed on 4/15/2011)
April 15, 2011 Filing 192 Declaration of Patrick L. Abramowich in Support of #191 Letter Brief Reply in Further Support of Dollar Tree's Motion to Compel filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #191 ) (Marinstein, Jay) (Filed on 4/15/2011)
April 15, 2011 Filing 191 Letter Brief re #185 Letter Brief, #169 Letter Brief, Reply in Further Support of Dollar Tree's Motion to Compel filed byDollar Tree Stores, Inc.. (Related document(s) #185 , #169 ) (Marinstein, Jay) (Filed on 4/15/2011)
April 14, 2011 Filing 190 Declaration of Patrick L. Abramowich in Support of #189 Letter Brief filed byDollar Tree Stores, Inc.. (Related document(s) #189 ) (Marinstein, Jay) (Filed on 4/14/2011)
April 14, 2011 Filing 189 Letter Brief re #184 Letter Brief in Response to Capella-Mowry, LLC's Joinder filed byDollar Tree Stores, Inc.. (Related document(s) #184 ) (Marinstein, Jay) (Filed on 4/14/2011)
April 13, 2011 Filing 188 Declaration of Mark V. Isola in Support of #185 Letter Brief, filed byPeter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Related document(s) #185 ) (Isola, Mark) (Filed on 4/13/2011)
April 13, 2011 Filing 187 Declaration of Lisa C. Roberts in Support of #185 Letter Brief, filed byPeter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #185 ) (Isola, Mark) (Filed on 4/13/2011)
April 13, 2011 Filing 186 Declaration of Peter Pau in Support of #185 Letter Brief, filed byPeter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #185 ) (Isola, Mark) (Filed on 4/13/2011)
April 13, 2011 Filing 185 Letter Brief re #169 Letter Brief, in Opposition to Motion to Compel filed byPeter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #169 ) (Isola, Mark) (Filed on 4/13/2011)
April 12, 2011 Filing 184 Letter Brief re #172 Letter Brief re Joinder to Motion for Protective Order filed byCapella-Mowry, LLC. (Related document(s) #172 ) (Isola, Mark) (Filed on 4/12/2011)
April 12, 2011 Filing 183 Declaration of Patrick L. Abramowich in Support of #182 Letter Brief filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #182 ) (Marinstein, Jay) (Filed on 4/12/2011)
April 12, 2011 Filing 182 Letter Brief re #172 Letter Brief, #175 Letter Brief, Response to Motions for Protective Order filed byDollar Tree Stores, Inc.. (Related document(s) #172 , #175 ) (Marinstein, Jay) (Filed on 4/12/2011)
April 12, 2011 Filing 181 SUMMONS Returned Executed by Dollar Tree Stores, Inc.. Peter Pau d/b/a Sand Hill Property Company served on 4/7/2011, answer due 4/28/2011. (Abramowich, Patrick) (Filed on 4/12/2011)
April 12, 2011 Filing 180 SUMMONS Returned Executed by Dollar Tree Stores, Inc.. Susanna Pau served on 4/6/2011, answer due 4/27/2011. (Abramowich, Patrick) (Filed on 4/12/2011)
April 12, 2011 Filing 179 SUMMONS Returned Executed by Dollar Tree Stores, Inc.. Sand Hill Property Management Company served on 4/7/2011, answer due 4/28/2011. (Abramowich, Patrick) (Filed on 4/12/2011)
April 12, 2011 Filing 178 SUMMONS Returned Executed by Dollar Tree Stores, Inc.. Capella-Mowry, LLC served on 4/6/2011, answer due 4/27/2011. (Abramowich, Patrick) (Filed on 4/12/2011)
April 12, 2011 Filing 177 SUMMONS Returned Executed by Dollar Tree Stores, Inc.. Peter Pau served on 4/6/2011, answer due 4/27/2011. (Abramowich, Patrick) (Filed on 4/12/2011)
April 11, 2011 Filing 176 Declaration of Lisa C. Roberts in Support of #175 Letter Brief, Joinder to Motion for Protective Order filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Attachments: #1 Exhibit A)(Related document(s) #175 ) (Isola, Mark) (Filed on 4/11/2011)
April 11, 2011 Filing 175 Letter Brief re #172 Letter Brief Re Joinder to Motion for Protective Order filed byCapella-Mowry, LLC, Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC. (Related document(s) #172 ) (Isola, Mark) (Filed on 4/11/2011)
April 7, 2011 Filing 174 Declaration of Mark V. Isola in Support of #172 Letter Brief Re Motion for Protective Order filed byToyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Related document(s) #172 ) (Isola, Mark) (Filed on 4/7/2011)
April 7, 2011 Filing 173 EXHIBITS re #172 Letter Brief Re Motion for Protective Order filed byToyama Partners, LLC. (Related document(s) #172 ) (Isola, Mark) (Filed on 4/7/2011)
April 7, 2011 Filing 172 Letter Brief Re Motion for Protective Order filed byToyama Partners, LLC. (Attachments: #1 Proposed Order)(Isola, Mark) (Filed on 4/7/2011)
April 7, 2011 Filing 171 ADR Clerk's Notice Vacating Richard Collier and Appointing Howard A. Herman as Mediator. (cmf, COURT STAFF) (Filed on 4/7/2011)
April 6, 2011 Filing 170 Declaration of Patrick L. Abramowich in Support of #169 Letter Brief, filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #169 ) (Abramowich, Patrick) (Filed on 4/6/2011)
April 6, 2011 Filing 169 Letter Brief Plaintiff's Motion to Compel Compliance with Second Request for Production and Subpoenas to Sand Hill Property Co. and Sand Hill Property Management filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Marinstein, Jay) (Filed on 4/6/2011)
April 6, 2011 Filing 168 Summons on Third Amended Complaint Issued as to Susanna Pau. (ys, COURT STAFF) (Filed on 4/6/2011)
April 6, 2011 Filing 167 Summons on Third Amended Complaint Issued as to Peter Pau. (ys, COURT STAFF) (Filed on 4/6/2011)
April 6, 2011 Filing 166 Summons on Third Amended Complaint Issued as to Peter Pau d/b/a Sand Hill Property Company. (ys, COURT STAFF) (Filed on 4/6/2011)
April 6, 2011 Filing 165 Summons on Third Amended Complaint Issued as to Sand Hill Property Management Company. (ys, COURT STAFF) (Filed on 4/6/2011)
April 6, 2011 Filing 164 Summons on Third Amended Complaint Issued as to Capella-Mowry, LLC. (ys, COURT STAFF) (Filed on 4/6/2011)
April 5, 2011 Filing 163 Third AMENDED COMPLAINT against Peter Pau, Susanna Pau, Peter Pau d/b/a Sand Hill Property Company, Sand Hill Property Management Company, Toyama Partners, LLC, Capella-Mowry, LLC. Filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, Part I, #16 Exhibit 15, Part II, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Summons Capella-Mowry, LLC, #26 Summons Peter Pau, #27 Summons Sand Hill Property Company, #28 Summons Sand Hill Property Management Company, #29 Summons Susanna Pau)(Marinstein, Jay) (Filed on 4/5/2011) Modified on 4/6/2011 (ys, COURT STAFF).
April 5, 2011 Opinion or Order Filing 162 ORDER Re: Amended Complaint and adjusting trial schedule Motion Hearing set for 9/9/2011 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 4/5/2011)
March 31, 2011 Filing 161 STIPULATION to Amend Complaint by Dollar Tree Stores, Inc., Toyama Partners, LLC. (Marinstein, Jay) (Filed on 3/31/2011)
March 22, 2011 Filing 160 AMENDED COMPLAINT /Second Amended Complaint for Damages and Declatory Relief, Breach of Contract, and Unfair Competition against Toyama Partners, LLC, Peter Pau d/b/a Sand Hill Property Company, Peter Pau, Susanna Pau, Sand Hill Property Management Company. Filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, Part 1 of 2, #16 Exhibit 15, Part 2 of 2, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(Marinstein, Jay) (Filed on 3/22/2011)
March 16, 2011 Filing 159 ADR Clerks Notice Appointing Richard J. Collier as Mediator. (af, COURT STAFF) (Filed on 3/16/2011)
March 15, 2011 Filing 158 PRETRIAL ORDER (Attachments: #1 Standing Order)(tf, COURT STAFF) (Filed on 3/15/2011) (Additional attachment(s) added on 3/15/2011: #2 Errata) (tf, COURT STAFF).
March 15, 2011 Filing 157 Minute Entry: Further Case Management Conference HELD ON 3/11/11 (Date Filed: 3/15/2011). Case continued to 5/20/11 @ 3:00 p.m.. for Further Case Management Conference Case continued to 8/26/11 @ 9:00 a.m. for Motions (file 6/27/11, oppositions 7/26/11, replies: 8/9/11ORDERED AFTER HEARING: Counsel agreed to the following extension with respect to the trial schedule: Discovery Cutoff: 5/30/11 Pltf. Designate Experts: 5/16/11 Deft. Designate Experts: 6/6/11 Pltf. Expert Replies: 6/20/11 Expert Discovery Cutoff: 8/20/11(The pretrial of 10/4/11 and the trial of 10/17/11 remain as previously set.). (Court Reporter n/a.) (tf, COURT STAFF) (Date Filed: 3/15/2011)
March 14, 2011 Opinion or Order Filing 156 ORDER for removal of incorrectly filed document re #153 Stipulation (tf, COURT STAFF) (Filed on 3/14/2011) Modified on 3/15/2011 (ys, COURT STAFF).
March 11, 2011 Opinion or Order Filing 155 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (SI, COURT STAFF) (Filed on 3/11/2011)
March 11, 2011 Filing 154 JOINT CASE MANAGEMENT STATEMENT filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Faustman, David) (Filed on 3/11/2011)
March 10, 2011 Filing 153 STIPULATION re #147 Reply to Opposition/Response, /Stipulation for Removal of Incorrectly Filed Document by Dollar Tree Stores, Inc., Toyama Partners, LLC. (Marinstein, Jay) (Filed on 3/10/2011)
March 9, 2011 Filing 152 EXHIBITS re #147 Reply to Opposition/Response, /Exhibit 5 filed byDollar Tree Stores, Inc.. (Related document(s) #147 ) (Marinstein, Jay) (Filed on 3/9/2011)
March 8, 2011 Filing 151 CLERKS NOTICE vacating the motion hearing at 9:00 a.m. and setting a Case Management Conference for 3/11/2011 at 03:00 PM in Courtroom 10, 19th Floor, San Francisco. (rbe, COURT STAFF) (Filed on 3/8/2011)
March 8, 2011 Filing 150 ADR Remark: Please note that the ADR Phone Conference scheduled on Tuesday, March 8, 2011 at 2:00 p.m. pacific time is off calendar and will be rescheduled. (af, COURT STAFF) (Filed on 3/8/2011)
March 1, 2011 Filing 149 ADR Clerks Notice Re-Setting ADR Phone Conference to Tuesday, March 8, 2011 at 2:00 p.m. pacific time. Please use call-in number 712-775-7400 and access code 1043914 to be connected to the call. (af, COURT STAFF) (Filed on 3/1/2011)
March 1, 2011 ADR Remark: The ADR Phone Conference scheduled on 3/1/2011 did not take place and will be rescheduled. (af, COURT STAFF) (Filed on 3/1/2011)
February 25, 2011 Filing 148 Declaration of Jay D. Marinstein in Support of #147 Reply to Opposition/Response, filed byDollar Tree Stores, Inc.. (Related document(s) #147 ) (Marinstein, Jay) (Filed on 2/25/2011)
February 25, 2011 Filing 147 REPLY (re #135 MOTION for Leave to File Second Amended Complaint ) Reply in Further Support of Plaintiff's Motion for Leave to File Second Amended Complaint filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, *** #5 Exhibit 5 FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** )(Marinstein, Jay) (Filed on 2/25/2011) Modified on 3/9/2011 (ewn, COURT STAFF). (Additional attachment(s) added on 3/15/2011: #6 Order removing Exhibit 5 from the docket) (ys, COURT STAFF). (Attachment 5 replaced on 3/15/2011) (feriab, COURT STAFF).
February 24, 2011 Opinion or Order Filing 146 STIPULATION AND ORDER TO EXTEND DEADLINE FOR MEDIATION. re #145 stipulation Signed by Judge Susan Illston on 2/24/11. (sis, COURT STAFF) (Filed on 2/24/2011) Modified on 2/28/2011 (ys, COURT STAFF).
February 24, 2011 Filing 145 STIPULATION to Extend Deadline for Mediation by Toyama Partners, LLC. (Isola, Mark) (Filed on 2/24/2011)
February 24, 2011 Filing 144 ADR Clerks Notice Vacating Appointment of Mediator, Reginald Steer #78 . The ADR Program will appoint another mediator as soon as possible. (af, COURT STAFF) (Filed on 2/24/2011)
February 18, 2011 Filing 143 RESPONSE/Opposition to (re #137 MOTION for Extension of Time to Complete Discovery /Motion to Extend Deadlines for Non-Expert Discovery and Expert Witness Designations ) filed byToyama Partners, LLC. (Isola, Mark) (Filed on 2/18/2011) Modified on 2/22/2011 (ys, COURT STAFF).
February 18, 2011 Filing 142 Declaration of Mark V. Isola in Support of #140 Opposition/Response to Motion for Leave to File Second Amended Complaint filed byToyama Partners, LLC. (Related document(s) #140 ) (Isola, Mark) (Filed on 2/18/2011)
February 18, 2011 Filing 141 Declaration of Peter Pau in Support of #140 Opposition/Response to Motion for Leave to File Second Amended Complaint filed byToyama Partners, LLC. (Related document(s) #140 ) (Isola, Mark) (Filed on 2/18/2011)
February 18, 2011 Filing 140 RESPONSE/Opposition to (re #135 MOTION for Leave to File Second Amended Complaint ) filed byToyama Partners, LLC. (Isola, Mark) (Filed on 2/18/2011) Modified on 2/22/2011 (ys, COURT STAFF).
February 15, 2011 Opinion or Order Filing 139 ORDER DENYING COMERICA'S MOTION FOR SEPARATE JUDGMENT OF DISMISSAL re #130 (SI, COURT STAFF) (Filed on 2/15/2011) Modified on 2/15/2011 (ys, COURT STAFF).
February 4, 2011 Filing 138 Declaration of Jay D. Marinstein in Support of #137 MOTION for Extension of Time to Complete Discovery /Motion to Extend Deadlines for Non-Expert Discovery and Expert Witness Designations filed byDollar Tree Stores, Inc.. (Related document(s) #137 ) (Marinstein, Jay) (Filed on 2/4/2011)
February 4, 2011 Filing 137 MOTION for Extension of Time to Complete Discovery /Motion to Extend Deadlines for Non-Expert Discovery and Expert Witness Designations filed by Dollar Tree Stores, Inc.. Motion Hearing set for 3/11/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (Attachments: #1 Proposed Order)(Marinstein, Jay) (Filed on 2/4/2011)
February 4, 2011 Filing 136 Declaration of Jay D. Marinstein in Support of #135 MOTION for Leave to File Second Amended Complaint filed byDollar Tree Stores, Inc.. (Related document(s) #135 ) (Marinstein, Jay) (Filed on 2/4/2011)
February 4, 2011 Filing 135 MOTION for Leave to File Second Amended Complaint filed by Dollar Tree Stores, Inc.. Motion Hearing set for 3/11/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (Attachments: #1 Exhibit A, Part I, #2 Exhibit A, Part II, #3 Exhibit A, Part III, #4 Exhibit A, Part IV, #5 Exhibit A, Part V, #6 Exhibit A, Part VI, #7 Exhibit A, Part VII, #8 Exhibit A, Part VIII, #9 Exhibit A, Part IX, #10 Exhibit A, Part X, #11 Exhibit A, Part XI, #12 Exhibit A, Part XII, #13 Proposed Order)(Marinstein, Jay) (Filed on 2/4/2011)
February 4, 2011 Filing 134 Reply Memorandum re #130 MOTION for Entry of Judgment under Rule 54(b) MOTION for Entry of Judgment under Rule 54(b) filed byComerica Bank. (Mack, Julian) (Filed on 2/4/2011)
January 28, 2011 Filing 133 DECLARATION of Jay D. Marinstein in support of #132 Memorandum in Opposition to Defendant Comerica Bank's Motion for Separate Judgment of Dismissal filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Related document(s) #132 ) (Faustman, David) (Filed on 1/28/2011) Modified on 1/31/2011 (ys, COURT STAFF).
January 28, 2011 Filing 132 Memorandum in Opposition to #130 Comerica Bank's Motion for Separate Judgment of Dismissal filed byDollar Tree Stores, Inc.. (Faustman, David) (Filed on 1/28/2011) Modified on 1/31/2011 (ys, COURT STAFF).
January 27, 2011 ADR Remark: The further ADR Phone Conference previously scheduled on February 8, 2011 has been rescheduled to March 1, 2011 at 10:00 a.m. pacific time. Please use call-in number 712-775-7400 and access code 1043914 to be connected to the conference call. (af, COURT STAFF) (Filed on 1/27/2011)
January 24, 2011 ADR Remark: ADR Phone Conference held by Howard A. Herman, ADR Program Director, on January 13, 2011. A further ADR Phone Conference is scheduled for February 8, 2011 at 10:00 a.m. Pacific time. Note, all parties shall call 712-775-7400 and use access code 1043914 to be connected to the call. (sgd, COURT STAFF) (Filed on 1/24/2011)
January 12, 2011 Filing 131 ERRATA re #130 MOTION for Entry of Separate Judgment of Dismissal under Rule 54(b) MOTION for Entry of Judgment under Rule 54(b) by Comerica Bank. (Bertrand, Peter) (Filed on 1/12/2011) Modified on 1/13/2011 (ys, COURT STAFF).
January 11, 2011 Filing 130 MOTION for Entry of Separate Judgment of Dismissal under Rule 54(b) filed by Comerica Bank. Motion Hearing set for 2/18/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (Attachments: #1 Affidavit, #2 Proposed Order)(Mack, Julian) (Filed on 1/11/2011) Modified on 1/12/2011 (ysS, COURT STAFF).
January 10, 2011 Opinion or Order Filing 129 ORDER granting #127 Motion for Pro Hac Vice (tf, COURT STAFF) (Filed on 1/10/2011)
January 7, 2011 ADR Remark: ADR Phone Conference held by Howard A. Herman, ADR Program Director, on January 6, 2011. A further ADR Phone Conference is scheduled on January 13, 2011 at 10:00 a.m. The call-in information remains the same: use call-in number 712-775-7400 and access code 1043914 to be connected to the call. (af, COURT STAFF) (Filed on 1/7/2011)
December 27, 2010 Filing 128 ADR Clerks Notice Re-Setting ADR Phone Conference to Thursday, January 6, 2011 at 3:00 p.m. pacific time. The call-in information remains the same: use call-in number 712-775-7400 and access code 1043914 to be connected to the call. (af, COURT STAFF) (Filed on 12/27/2010)
December 27, 2010 Filing 126 ***THIS IS OFF CALENDAR. PLEASE SEE DOCKET ENTRY #128 FOR NEW NOTICE***ADR Clerk's Notice Setting ADR Phone Conference on Thursday, December 30, 2010 at 10:00 a.m. pacific time. Use call-in number 712-775-7400 and access code 1043914 to be connected to the call. (af, COURT STAFF) (Filed on 12/27/2010) Modified on 12/27/2010 (af, COURT STAFF).
December 22, 2010 Filing 127 MOTION for leave to appear in Pro Hac Vice of Patrick L. Abramowich ( Filing fee $ 275, receipt number 34611054226.) filed by Dollar Tree Stores, Inc.. (Attachments: #1 receipt, #2 proposed order)(ys, COURT STAFF) (Filed on 12/22/2010)
December 22, 2010 Opinion or Order Filing 125 ORDER DENYING PLAINTIFF'S REQUEST FOR SANCTIONS (SI, COURT STAFF) (Filed on 12/22/2010)
December 22, 2010 Opinion or Order Filing 124 ORDER re: amendment of pleadings (tf, COURT STAFF) (Filed on 12/22/2010)
December 22, 2010 Filing 123 Declaration of Jay D. Marinstein in Support of #122 Stipulation and Order to Extend Date for Amendment of Pleadings filed byDollar Tree Stores, Inc.. (Related document(s) #122 ) (Faustman, David) (Filed on 12/22/2010)
December 22, 2010 Opinion or Order Filing 122 STIPULATION and Order to Extend Date for Amendment of Pleadings by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 12/22/2010)
December 20, 2010 Filing 121 Letter Brief In Opposition to Defendant Comerica Bank filed December 13, 2010 filed byDollar Tree Stores, Inc.. (Faustman, David) (Filed on 12/20/2010)
December 15, 2010 Filing 120 Declaration of Jay D. Marinstein in Support of #119 Letter Brief filed byDollar Tree Stores, Inc.. (Related document(s) #119 ) (Faustman, David) (Filed on 12/15/2010)
December 15, 2010 Filing 119 Letter Brief in Reply to Toyama Partners, LLC's December 14, 2010 letter filed byDollar Tree Stores, Inc.. (Faustman, David) (Filed on 12/15/2010)
December 14, 2010 Filing 118 Declaration of Lisa C. Roberts in Support of #117 Letter Brief Dated December 14, 2010 Re: Defendant Toyama Partners, LLC's Opposition to Plaintiff's Request for Sanctions filed byToyama Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #117 ) (Roberts, Lisa) (Filed on 12/14/2010)
December 14, 2010 Filing 117 Letter Brief Dated December 14, 2010 Re: Defendant Toyama Partners, LLC's Opposition to Plaintiff's Request for Sanctions filed byToyama Partners, LLC. (Roberts, Lisa) (Filed on 12/14/2010)
December 13, 2010 Filing 116 Proposed Order re Several Judgment for Dismissal of Defendant Comerica Bank by Comerica Bank. (Bertrand, Peter) (Filed on 12/13/2010)
December 8, 2010 Opinion or Order Filing 115 ORDER RE: DISCOVERY (SI, COURT STAFF) (Filed on 12/8/2010)
December 7, 2010 Filing 114 Declaration of Jay D. Marinstein in Support of #113 Letter Brief Court Order re: Discovery on December 1, 2010 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit)(Related document(s) #113 ) (Faustman, David) (Filed on 12/7/2010)
December 7, 2010 Filing 113 Letter Brief Court Order re: Discovery on December 1, 2010 filed byDollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Faustman, David) (Filed on 12/7/2010)
December 1, 2010 Opinion or Order Filing 112 ORDER GRANTING COMERICA'S MOTION TO DISMISS THE AMENDED COMPLAINT re #80 . (SI, COURT STAFF) (Filed on 12/1/2010)
December 1, 2010 Opinion or Order Filing 111 ORDER RE: DISCOVERY (SI, COURT STAFF) (Filed on 12/1/2010)
November 29, 2010 Filing 110 Declaration of Jay D. Marinstein in Support of #109 Letter Brief In Opposition to Toyama Partners, LLC's renewed motion for a protective order filed byDollar Tree Stores, Inc.. (Related document(s) #109 ) (Faustman, David) (Filed on 11/29/2010)
November 29, 2010 Filing 109 Letter Brief in Opposition to Toyama Partners, LLC's renewed motion for a protective order filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Faustman, David) (Filed on 11/29/2010)
November 23, 2010 Filing 108 MOTION to Compel Production of Documents filed by Comerica Bank. (Attachments: #1 Affidavit, #2 Proposed Order)(Bertrand, Peter) (Filed on 11/23/2010)
November 22, 2010 Filing 107 Letter Brief of Toyama Partners, LLC Supplemental to Letter Brief of November 12, 2010 filed byToyama Partners, LLC. (Attachments: #1 Exhibit A)(Roberts, Lisa) (Filed on 11/22/2010)
November 19, 2010 Filing 106 Letter Brief In Opposition to Toyama Partner, LLC's motion for protective order staying all discovery filed byDollar Tree Stores, Inc.. (Faustman, David) (Filed on 11/19/2010)
November 16, 2010 Filing 105 Declaration of Jay D. Marinstein in Support of #104 Letter Brief Motion to Compel Defendant Comerica to Respond to Request for Production of Documents, Set One filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Related document(s) #104 ) (Faustman, David) (Filed on 11/16/2010)
November 16, 2010 Filing 104 Letter Brief Motion to Compel Defendant Comerica to Respond to Request for Production of Documents, Set One filed byDollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Faustman, David) (Filed on 11/16/2010)
November 12, 2010 Filing 103 Letter Brief In Opposition to Comerica Bank's Motion for Protective Order Staying Further Discovery filed byDollar Tree Stores, Inc.. (Faustman, David) (Filed on 11/12/2010)
November 12, 2010 Filing 102 Declaration of Lisa Roberts in Support of #101 Letter Brief from Lisa Roberts re Letter Brief in Opposition to the Motion of Plaintiff to Compel Production of Documents filed byToyama Partners, LLC. (Attachments: #1 Exhibit A)(Related document(s) #101 ) (Roberts, Lisa) (Filed on 11/12/2010)
November 12, 2010 Filing 101 Letter Brief From Lisa Roberts re Letter Brief in Opposition to the Motion of Plaintiff to Compel Production of Documents filed byToyama Partners, LLC. (Roberts, Lisa) (Filed on 11/12/2010)
November 9, 2010 Filing 100 Letter from Julian W. Mack re Letter Brief in Opposition to the Motion of Plaintiff to Compel Production of Documents. (Attachments: #1 Affidavit, #2 Proposed Order)(Bertrand, Peter) (Filed on 11/9/2010)
November 5, 2010 Filing 99 MOTION to Compel filed by Dollar Tree Stores, Inc.. (Attachments: #1 Declaration of Jay D. Marinstein in Support of Motion to Compel Production of Documents and Dates Certain for Depositions, #2 Proposed Order)(Faustman, David) (Filed on 11/5/2010)
November 2, 2010 Set Deadlines/Hearings: Motions due by 5/30/2011. Jury Trial set for 10/17/2011 08:30 AM. Motion Hearing set for 8/19/2011 09:00 AM. Pretrial Conference set for 10/4/2011 03:30 PM. (ys, COURT STAFF) (Filed on 11/2/2010)
November 2, 2010 Filing 98 EXHIBITS re #96 Letter Brief filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit)(Related document(s) #96 ) (Faustman, David) (Filed on 11/2/2010)
November 2, 2010 Filing 97 Declaration of Jay D. Marinstein in Support of #96 Letter Brief Motion to Compel Production of Documents filed byDollar Tree Stores, Inc.. (Related document(s) #96 ) (Faustman, David) (Filed on 11/2/2010)
November 2, 2010 Filing 96 Letter Brief Motion to Compel Production of Documents filed byDollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Faustman, David) (Filed on 11/2/2010)
November 2, 2010 Opinion or Order Filing 95 ORDER Motion Hearing set for 8/19/2011 9:00 AM. Pretrial Conference set for 10/4/2011 03:30 PM. Voir Dire( JURY TRIAL) set for 10/17/2011 08:30AM. (tf, COURT STAFF) (Filed on 11/2/2010) Modified on 11/3/2010 (ys, COURT STAFF).
November 2, 2010 Filing 94 FILED IN ERROR....
October 29, 2010 Opinion or Order Filing 93 STIPULATION AND ORDER TO EXTEND DISCOVERY, AMEND PRETRIAL PREPARATION ORDER DATES, AND AMEND TRIAL DATE by Dollar Tree Stores, Inc.. (Attachments: #1 Declaration of Jay D. Marinstein)(Faustman, David) (Filed on 10/29/2010)
August 6, 2010 Filing 92 Minute Entry: Motion Hearing held on 7/30/2010 before Illston (Date Filed: 8/6/2010). (Court Reporter B. Ball.) (tf, COURT STAFF) (Date Filed: 8/6/2010)
July 29, 2010 Filing 91 Comerica's Response to #90 Plaintiff's Surreply in Opposition to Motion to Dismiss filed byComerica Bank. (Bertrand, Peter) (Filed on 7/29/2010) Modified on 7/29/2010 (ys, COURT STAFF).
July 28, 2010 Filing 90 Brief re #89 Order on Motion for Leave to File - Plaintiff's Surreply in Opposition to #80 Motion to Dismiss filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit)(Related document(s) #89 ) (Faustman, David) (Filed on 7/28/2010) Modified on 7/29/2010 (ys, COURT STAFF).
July 28, 2010 Opinion or Order Filing 89 ORDER granting #85 Motion for Leave to File (see order for additional details) (tf, COURT STAFF) (Filed on 7/28/2010)
July 26, 2010 Filing 88 Memorandum in Opposition re #85 MOTION for Leave to File a Surreply in Opposition to Motion to Dismiss filed byComerica Bank. (Attachments: #1 Proposed Order)(Bertrand, Peter) (Filed on 7/26/2010)
July 23, 2010 Filing 87 CASE MANAGEMENT STATEMENT Second Joint filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(Faustman, David) (Filed on 7/23/2010)
July 22, 2010 Filing 86 Declaration of Jay Marinstein in Support of #85 MOTION for Leave to File a Surreply in Opposition to Motion to Dismiss filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Proposed Order)(Related document(s) #85 ) (Faustman, David) (Filed on 7/22/2010)
July 22, 2010 Filing 85 MOTION for Leave to File a Surreply in Opposition to #80 Motion to Dismiss filed by Dollar Tree Stores, Inc.. Motion Hearing set for 7/30/2010 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Attachments: #1 Exhibit)(Faustman, David) (Filed on 7/22/2010) Modified on 7/23/2010 (ys, COURT STAFF).
July 16, 2010 Filing 84 Reply Memorandum of Points and Authorities in Support of #80 Motion to Dismiss Plaintiff Dollar Tree Stores, Inc.'s First Amended and Verified Complaint [Fed.R.Civ.P.12(b)(6)] filed byComerica Bank. (Bertrand, Peter) (Filed on 7/16/2010) Modified on 7/19/2010 (ys, COURT STAFF).
July 14, 2010 Opinion or Order Filing 83 ORDER re: confidentiality (tf, COURT STAFF) (Filed on 7/14/2010)
July 12, 2010 Filing 82 STIPULATION Joint Agreement and Order on Confidentiality by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Faustman, David) (Filed on 7/12/2010)
July 9, 2010 Filing 81 Memorandum in Opposition re #80 MOTION to Dismiss filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Faustman, David) (Filed on 7/9/2010)
June 29, 2010 Pre MED phone conference was conducted on 6/29/2010, further Pre MED phone conference scheduled on 8/17/2010 at 10:30 a.m. (af, COURT STAFF) (Filed on 6/29/2010)
June 18, 2010 Filing 80 NOTICE by Comerica Bank Notice of Motion and Motion to Dismiss #61 First Dollar Tree's First Amended Complaint (Bertrand, Peter) (Filed on 6/18/2010) Modified on 6/18/2010 (ys, COURT STAFF).
June 17, 2010 Pre MED phone conference scheduled on Tuesday, June 29, 2010 at 9:00 a.m. Counsel to contact mediator's office and confirm their availability for the call as soon as possible. (af, COURT STAFF) (Filed on 6/17/2010)
June 15, 2010 Filing 79 NOTICE of Change In Counsel by Kim Y. Arnone (Arnone, Kim) (Filed on 6/15/2010)
June 7, 2010 Filing 78 ADR Clerks Notice Appointing Reginald Steer as Mediator. (af, COURT STAFF) (Filed on 6/7/2010)
June 2, 2010 Filing 77 ANSWER to Amended Complaint Defendant Toyama Partners, LLC's Answer to Plaintiff Dollar Tree Stores, Inc.'s First Amended Complaint for Damages and Declaratory Relief, Breach of Contract, Tortious Interference and Unfair Competition byToyama Partners, LLC. (Roberts, Lisa) (Filed on 6/2/2010)
June 1, 2010 Opinion or Order Filing 76 ORDER granting extension of time to answer re #74 (tf, COURT STAFF) (Filed on 6/1/2010)
May 28, 2010 Opinion or Order Filing 75 ORDER granting Comerica an extension for response re #73 . (tf, COURT STAFF) (Filed on 5/28/2010))
May 27, 2010 Filing 74 STIPULATION Stipulation and [Proposed] Order Extending Time for Defendant Toyama Partners, LLC Answer to Plaintiff's First Amended Complaint by Toyama Partners, LLC. (Roberts, Lisa) (Filed on 5/27/2010)
May 21, 2010 Filing 73 STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR DEFENDANT COMERICA BANK'S RESPONSIVE PLEADING TO PLAINTIFF'S FIRST AMENDED COMPLAINT by Comerica Bank. (Mack, Julian) (Filed on 5/21/2010)
May 10, 2010 Filing 72 EXHIBITS re #61 Amended Complaint Exhibit 19 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 20)(Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 71 EXHIBITS re #61 Amended Complaint Exhibit 17 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 18)(Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 70 EXHIBITS re #61 Amended Complaint Exhibit 15 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 16)(Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 69 EXHIBITS re #61 Amended Complaint Exhibit 13 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 14)(Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 68 EXHIBITS re #61 Amended Complaint Exhibit 12-3 filed byDollar Tree Stores, Inc.. (Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 67 EXHIBITS re #61 Amended Complaint Exhibit 12-2 filed byDollar Tree Stores, Inc.. (Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 66 EXHIBITS re #61 Amended Complaint Exhibit 12-1 filed byDollar Tree Stores, Inc.. (Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 65 EXHIBITS re #61 Amended Complaint Exhibit 11 filed byDollar Tree Stores, Inc.. (Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 64 EXHIBITS re #61 Amended Complaint Exhibit 8 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 9, #2 Exhibit 10)(Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 63 EXHIBITS re #61 Amended Complaint Exhibit 4 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7)(Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 62 EXHIBITS re #61 Amended Complaint Exhibit 1 filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Related document(s) #61 ) (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 61 AMENDED COMPLAINT against Comerica Bank, Toyama Partners, LLC. Filed byDollar Tree Stores, Inc.. (Faustman, David) (Filed on 5/10/2010)
May 10, 2010 Filing 60 corrected PRETRIAL ORDER (Attachments: #1 Standing Order)(tf, COURT STAFF) (Filed on 5/10/2010)
May 10, 2010 Filing 59 corrected minute (tf, COURT STAFF) (Filed on 5/10/2010)
May 10, 2010 Filing 58 PRETRIAL ORDER (Attachments: #1 Standing Order)(tf, COURT STAFF) (Filed on 5/10/2010)
May 10, 2010 Filing 57 Minute Entry: Initial Case Management Conference (Date Filed: 5/10/2010). Case continued to 7/30/10 @ 3:00 p.m.. for Further Case Management ConferenceCase Referred to 7/30/10 @ 9:00 a.m. for Motion to DismissCase continued to 4/15/10 @ 9:00 a.m. for Motions (Motion due 1/28/11, Opposition 2/28/11 Reply 3/22/11)Case continued to 5/31/11 @ 3:30 p.m. for Pretrial ConferenceCase continued to 6/13/11 @ 8:30 a.m. for Trial (Jury: Days)Discovery Cutoff: 11/12/10 Designate Experts by Pltf: 11/29/10, by Deft: 12/20/10, Rebuttal Experts by Pltf: 1/14/11, Expert Discovery Cutoff: 4/30/11ORDERED AFTER HEARING: Comerica may hold off on producing its initial disclosures pending determination of whether or not they will remain in this case() (tf, COURT STAFF) (Date Filed: 5/10/2010)
May 10, 2010 Set Deadlines/Hearings: Motions due by 1/28/2011. Case Management Conference set for 7/30/2010 03:00 PM. Jury Trial set for 6/13/2011 08:30 AM. Motion Hearing set for 4/15/2011 09:00 AM. Pretrial Conference set for 5/31/2011 03:30 PM. (ys, COURT STAFF) (Filed on 5/10/2010)
May 6, 2010 Filing 56 Transcript of Proceedings held on 4/2/10, before Judge Susan Illston. Court Reporter/Transcriber Kelly Bryce Shainline, E-mail courtreporter232@aol.com Telephone number (510)828-9404. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 8/4/2010. (Bryce, Kelly) (Filed on 5/6/2010)
May 3, 2010 Filing 55 JOINT CASE MANAGEMENT STATEMENT FEDERAL RULE 26(f) REPORT AND [PROPOSED] ORDER filed by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 5/3/2010)
April 26, 2010 Opinion or Order Filing 54 ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND AS TO DEFENDANT COMERICA re #24 . Amended complaint is due 5/10/10.(SI, COURT STAFF) (Filed on 4/26/2010)
April 23, 2010 Opinion or Order Filing 53 ORDER REFERRING CASE to Mediation. (tf, COURT STAFF) (Filed on 4/23/2010)
April 23, 2010 CASE REFERRED to Mediation. (tf, COURT STAFF) (Filed on 4/23/2010)
April 22, 2010 Filing 52 STIPULATION and Proposed Order Selecting ADR Process by Comerica Bank. (Mack, Julian) (Filed on 4/22/2010)
April 20, 2010 Filing 51 NOTICE by Dollar Tree Stores, Inc. Request for Telephonic Appearance (Faustman, David) (Filed on 4/20/2010)
April 7, 2010 Filing 50 Minute Entry: Motion Hearing held on 4/2/2010 before Illston (Date Filed: 4/7/2010). (Court Reporter K. Shainline.) (tf, COURT STAFF) (Date Filed: 4/7/2010)
March 31, 2010 Filing 49 OBJECTIONS to and Motion to Strike #48 Declaration of Scott R. Kipnis in Support of Plaintiff's Administrative Motion for Leave to File Surreply by Comerica Bank. (Bertrand, Peter) (Filed on 3/31/2010) Modified on 4/1/2010 (ys, COURT STAFF).
March 30, 2010 Filing 48 Declaration of Scott R. Kipnis in Support of #47 Brief Surreply In Opposition to Motion to Dismiss filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit)(Related document(s) #47 ) (Faustman, David) (Filed on 3/30/2010)
March 30, 2010 Filing 47 Plaintiff's Surreply in Opposition to Motion to Dismiss filed byDollar Tree Stores, Inc.. (Related document(s) #46 ) (Faustman, David) (Filed on 3/30/2010) Modified on 3/31/2010 (ys, COURT STAFF).
March 30, 2010 Opinion or Order Filing 46 ORDER granting #39 Motion for Leave to File (tf, COURT STAFF) (Filed on 3/30/2010)
March 29, 2010 Filing 45 Proposed Order re #44 Memorandum in Opposition Order Denying Plaintiff's Adminstrative Motion for Leave to File Surreply by Comerica Bank. (Bertrand, Peter) (Filed on 3/29/2010)
March 29, 2010 Filing 44 Memorandum in Opposition Comerica's Opposition to #39 Administrative Motion for Leave to File Surreply filed byComerica Bank. (Bertrand, Peter) (Filed on 3/29/2010) Modified on 3/30/2010 (ys, COURT STAFF).
March 25, 2010 Filing 43 Proposed Order re #39 MOTION for Leave to File Surreply In Opposition to Motion to Dismiss by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 3/25/2010)
March 25, 2010 Filing 42 Declaration of Scott R. Kipnis in Support of #39 MOTION for Leave to File Surreply In Opposition to Motion to Dismiss filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit)(Related document(s) #39 ) (Faustman, David) (Filed on 3/25/2010)
March 25, 2010 Filing 41 Brief re #39 MOTION for Leave to File Surreply In Opposition to Motion to Dismiss Plaintiff's Surreply filed byDollar Tree Stores, Inc.. (Related document(s) #39 ) (Faustman, David) (Filed on 3/25/2010)
March 25, 2010 Filing 40 Declaration of David F. Faustman in Support of #39 MOTION for Leave to File Surreply In Opposition to Motion to Dismiss filed byDollar Tree Stores, Inc.. (Related document(s) #39 ) (Faustman, David) (Filed on 3/25/2010)
March 25, 2010 Filing 39 MOTION for Leave to File Surreply In Opposition to Motion to Dismiss filed by Dollar Tree Stores, Inc.. Motion Hearing set for 4/2/2010 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Faustman, David) (Filed on 3/25/2010)
March 19, 2010 Filing 38 Declaration of Brian J. Horton in Support of #37 Reply Memorandum Supplemental Declaration of Brian J. Horton in Support of Defendant Comerica Bank's Motion to Dismiss Complaint filed byComerica Bank. (Related document(s) #37 ) (Bertrand, Peter) (Filed on 3/19/2010)
March 19, 2010 Filing 37 Reply Memorandum of Points and Authorities in Support of #24 Motion to Dismiss Complaint [Fed.R.Civ.P. 12(b)(6)] filed byComerica Bank. (Bertrand, Peter) (Filed on 3/19/2010) Modified on 3/22/2010 (ys, COURT STAFF).
March 12, 2010 Filing 36 Declaration of Christopher Williams in Support of #35 Memorandum in Opposition to Motion to Dismiss Complaint filed byDollar Tree Stores, Inc.. (Attachments: #1 Exhibit Exhibit A to Declaration of Christopher Williams)(Related document(s) #35 ) (Faustman, David) (Filed on 3/12/2010)
March 12, 2010 Filing 35 Memorandum in Opposition re #24 MOTION to Dismiss Complaint by Defendant Comerica Bank [Fed.R.Civ.P. 12(b)(6)] filed byDollar Tree Stores, Inc.. (Faustman, David) (Filed on 3/12/2010)
March 9, 2010 Filing 34 ANSWER to Complaint for Damages and Declaratory Relief, Breach of Contract, Tortious Interference, and Unfair Competition byToyama Partners, LLC. (Rehon, Peter) (Filed on 3/9/2010)
March 3, 2010 Opinion or Order Filing 33 ORDER granting second request to extend deadline to answer (tf, COURT STAFF) (Filed on 3/3/2010)
March 1, 2010 Filing 32 STIPULATION re #23 Stipulation (Second) Extending Time for Defendant Toyama Partners, LLC to file an Answer to the Complaint by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 3/1/2010)
February 18, 2010 Set/Reset Deadlines as to #24 MOTION to Dismiss Complaint by Defendant Comerica Bank [Fed.R.Civ.P. 12(b)(6)]. Motion Hearing set for 4/2/2010 09:00 AM. (ys, COURT STAFF) (Filed on 2/18/2010)
February 18, 2010 Filing 31 CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re #18 Clerks Notice of Case Management Conference scheduled for May 7, 2010 and Standing Order (Faustman, David) (Filed on 2/18/2010)
February 18, 2010 Filing 30 CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re #23 Stipulation (Faustman, David) (Filed on 2/18/2010)
February 18, 2010 Filing 29 CLERKS NOTICE Continuing Motion Hearing Motion Hearing set for 4/2/2010 09:00 AM. (tf, COURT STAFF) (Filed on 2/18/2010)
February 17, 2010 Filing 28 CERTIFICATE OF SERVICE by Comerica Bank re #24 MOTION to Dismiss Complaint by Defendant Comerica Bank [Fed.R.Civ.P. 12(b)(6)] (Bertrand, Peter) (Filed on 2/17/2010)
February 16, 2010 Filing 27 Proposed Order re #24 MOTION to Dismiss Complaint by Defendant Comerica Bank [Fed.R.Civ.P. 12(b)(6)] by Comerica Bank. (Arnone, Kim) (Filed on 2/16/2010)
February 16, 2010 Filing 26 Request for Judicial Notice re #24 MOTION to Dismiss Complaint by Defendant Comerica Bank [Fed.R.Civ.P. 12(b)(6)], #25 Declaration in Support, filed byComerica Bank. (Related document(s) #24 , #25 ) (Arnone, Kim) (Filed on 2/16/2010)
February 16, 2010 Filing 25 Declaration of Brian J. Horton in Support of #24 MOTION to Dismiss Complaint by Defendant Comerica Bank [Fed.R.Civ.P. 12(b)(6)] filed byComerica Bank. (Attachments: #1 Exhibit Exhibit 3 to Declaration of Brian Horton)(Related document(s) #24 ) (Arnone, Kim) (Filed on 2/16/2010)
February 16, 2010 Filing 24 MOTION to Dismiss Complaint by Defendant Comerica Bank [Fed.R.Civ.P. 12(b)(6)] filed by Comerica Bank. Motion Hearing set for 3/26/2010 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Arnone, Kim) (Filed on 2/16/2010)
February 12, 2010 Filing 23 STIPULATION re #1 Complaint, Extending Time for Defendant Toyama Partners, LLC to File An Answer To The Complaint by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 2/12/2010)
February 12, 2010 Opinion or Order Filing 22 ORDER granting #4 Motion for Pro Hac Vice (tf, COURT STAFF) (Filed on 2/12/2010)
February 12, 2010 Opinion or Order Filing 21 ORDER granting #5 Motion for Pro Hac Vice (tf, COURT STAFF) (Filed on 2/12/2010)
February 12, 2010 Opinion or Order Filing 20 ORDER granting #6 Motion for Pro Hac Vice (tf, COURT STAFF) (Filed on 2/12/2010)
February 12, 2010 Opinion or Order Filing 19 ORDER granting #7 Motion for Pro Hac Vice (tf, COURT STAFF) (Filed on 2/12/2010)
February 11, 2010 Filing 18 CLERKS NOTICE Case Management Conference set for 5/7/2010 02:30 PM. (Attachments: #1 Standing Order) (tfS, COURT STAFF) (Filed on 2/11/2010)
February 4, 2010 Filing 17 CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re #13 Order Reassigning Case, Case Assigned/Reassigned,, #12 Clerk's Notice of Impending Reassignment (Faustman, David) (Filed on 2/4/2010)
February 4, 2010 Filing 16 CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re #10 Order, #11 Declination to Proceed Before a U.S. Magistrate Judge (Faustman, David) (Filed on 2/4/2010)
February 4, 2010 Filing 15 CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re #9 Amended Document Civil Cover Sheet (Faustman, David) (Filed on 2/4/2010)
February 3, 2010 Filing 14 CERTIFICATE OF SERVICE by Dollar Tree Stores, Inc. re #6 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611041459.), #1 Complaint, #7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611041459.), #4 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611041459.), #3 ADR Scheduling Order, #5 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611041459.), #2 Certificate of Interested Entities (Faustman, David) (Filed on 2/3/2010)
February 2, 2010 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Susan Illston for all further proceedings. Judge Magistrate Judge Maria-Elena James no longer assigned to the case.. Signed by Executive Committee on 2/2/10. (as, COURT STAFF) (Filed on 2/2/2010)
February 2, 2010 ***Deadlines terminated. (ys, COURT STAFF) (Filed on 2/2/2010)
February 1, 2010 Filing 12 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bjt, COURT STAFF) (Filed on 2/1/2010)
January 29, 2010 Filing 11 Declination to Proceed Before a U.S. Magistrate Judge by Dollar Tree Stores, Inc.. (Faustman, David) (Filed on 1/29/2010)
January 28, 2010 Opinion or Order Filing 10 ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 1/28/2010. (mejlc1, COURT STAFF) (Filed on 1/28/2010)
January 27, 2010 Filing 9 AMENDED DOCUMENT by Dollar Tree Stores, Inc.. Amended Civil Cover Sheet - Correction of Docket #8 . (Faustman, David) (Filed on 1/27/2010)
January 27, 2010 Filing 8 *** FILED IN ERROR. REFER TO DOCUMENT #9 . *** AMENDED DOCUMENT by Dollar Tree Stores, Inc.. Amended Civil Cover Sheet. (Faustman, David) (Filed on 1/27/2010) Modified on 1/27/2010 (feriab, COURT STAFF).
January 22, 2010 Filing 7 MOTION for attorney Douglas Gross leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611041459.) filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(ga, COURT STAFF) (Filed on 1/22/2010)
January 22, 2010 Filing 6 MOTION for attorney Scott R. Kipnis leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611041459.) filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(ga, COURT STAFF) (Filed on 1/22/2010)
January 22, 2010 Filing 5 MOTION for attorney Nicholas B. Malito leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611041459.) filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(ga, COURT STAFF) (Filed on 1/22/2010)
January 22, 2010 Filing 4 MOTION for attorney Jay D. Marinstein leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611041459.) filed by Dollar Tree Stores, Inc.. (Attachments: #1 Proposed Order)(ga, COURT STAFF) (Filed on 1/22/2010)
January 22, 2010 Opinion or Order Filing 3 ADR SCHEDULING ORDER: Case Management Statement due by 5/6/2010. Case Management Conference set for 5/13/2010 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 1/22/10. (Attachments: #1 Standing Order)(ga, COURT STAFF) (Filed on 1/22/2010)
January 22, 2010 Filing 2 Certificate of Interested Entities by Dollar Tree Stores, Inc. re #1 Complaint, (ga, COURT STAFF) (Filed on 1/22/2010)
January 22, 2010 Filing 1 COMPLAINT /issued summons against Comerica Bank, Toyama Partners, LLC ( Filing fee $ 350, receipt number 34611041459.). Filed byDollar Tree Stores, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons)(ga, COURT STAFF) (Filed on 1/22/2010)
January 22, 2010 CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 1/22/2010)

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Search for this case: Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al
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Plaintiff: Dollar Tree Stores, Inc.
Represented By: David Frederick Faustman
Represented By: Douglas Alan Gross,
Represented By: Jay Drew Marinstein
Represented By: Matthew Scot Payne,
Represented By: Nicholas B. Malito
Represented By: Patrick L. Abramowich
Represented By: Scott R. Kipnis
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Defendant: Toyama Partners, LLC
Represented By: Lisa C. Roberts
Represented By: Mark V. Isola
Represented By: Peter Michael Rehon
Represented By: Tyler J Olson
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Defendant: Comerica Bank
Represented By: Kim Y. Arnone
Represented By: Peter Gerard Bertrand
Represented By: Julian William Mack
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Defendant: Peter Pau d/b/a Sand Hill Property Company
Represented By: Mark V. Isola
Represented By: Lisa C. Roberts
Represented By: Peter Michael Rehon
Represented By: Tyler J Olson
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Defendant: Peter Pau
Represented By: Mark V. Isola
Represented By: Lisa C. Roberts
Represented By: Peter Michael Rehon
Represented By: Tyler J Olson
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Defendant: Susanna Pau
Represented By: Mark V. Isola
Represented By: Lisa C. Roberts
Represented By: Peter Michael Rehon
Represented By: Tyler J Olson
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Defendant: Sand Hill Property Management Company
Represented By: Mark V. Isola
Represented By: Lisa C. Roberts
Represented By: Peter Michael Rehon
Represented By: Tyler J Olson
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Defendant: Capella-Mowry, LLC
Represented By: Mark V. Isola
Represented By: Lisa C. Roberts
Represented By: Peter Michael Rehon
Represented By: Tyler J Olson
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