Hubbard v. Phil's BBQ of Point Loma, Inc. et al
Plaintiff: Thomas Hubbard
Defendant: Phil's BBQ of Point Loma, Inc., Phillip C. Pace and Jeffrey A. Loya
Case Number: 3:2009cv00735
Filed: April 10, 2009
Court: US District Court for the Southern District of California
Office: Stockholders Suits Office
County: XX US, Outside State
Presiding Judge: Cathy Ann Bencivengo
Presiding Judge: Larry Alan Burns
Nature of Suit: Plaintiff
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity - Stockholders Suits

Available Case Documents

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

Date Filed Document Text
June 21, 2013 Opinion or Order Filing 192 ORDER granting 187 Motion for Attorney Fees. The Court AWARDS Hubbard $205,153 in attorney's fees plus $12,714.26 in costs with regard to his consulting agreement claim in this case. Signed by Judge Larry Alan Burns on 6/20/13. (kaj)
May 1, 2013 Opinion or Order Filing 181 Findings of Fact and Conclusions of Law Following Bench Trial, Granting Plaintiff's Motion for Partial Reconsideration 176 , and Order for Entry of Judgement. The Court finds for Plaintiff and against Defendant on Plaintiff's first claim f or relief, and awards him $41,666.65 plus 10% prejudgment interest. His motion for partial reconsideration is GRANTED and Phil's is ORDERED to pay him $87,797.00. The Clerk is directed to enter judgment for Plaintiff and against Defendants. Signed by Judge Larry Alan Burns on 5/1/13. (kaj)
December 14, 2012 Opinion or Order Filing 164 ORDER granting 144 Renewed Motion to File Documents Under Seal, granting in part and denying in part defedants' 127 , 128 Motions to Dismiss, granting in part and denying in part plaintiff's 136 Motion for Summary Judgment. Pace and Loya are dismissed as parties. Signed by Judge Larry Alan Burns on 12/14/12. (kaj)
October 16, 2012 Opinion or Order Filing 143 ORDER denying without prejudice motion to file declaration under seal. No later than noon on Friday, October 19, 2012, Pace and Loya may renew their application, which must be filed in the docket. The Court will retain the lodged materials, however, and they need not refile those. Signed by Judge Larry Alan Burns on 10/16/12.(kaj)
March 27, 2012 Opinion or Order Filing 113 ORDER valuing shares of Phil's BBQ of Point Loma, Inc; and Order Denying as moot 108 Motion for Status Conference; and Order of Dismissal. The Court has determined that Hubbard owns 10% of Phil's, and that Pace and Loya own the othe r 90%, and that Phil's should be valued as a going concern if possible. The Court therefore directs the parties to use the 30-day simultaneous protocol as discussed at the valuation hearing. A cashier's check in the amount identified b y the appraisers is to be delivered to Hubbard's counsel within thirty calendar days of the date this order is issued. Hubbard is simultaneously to deliver his shares with the assignment executed in blank. Having adjudicated all claims, the Court Dismisses this action with prejudice. Signed by Judge Larry Alan Burns on 3/23/12. (lao)
August 4, 2010 Opinion or Order Filing 101 ORDER denying 99 motion to certify an interlocutory appeal and for stay of proceedings; denying 100 ex parte application for leave to seek reconsideration is denied; the parties are directed to prepare diligently for the evidentiary hearing on September 16, 2010 at 10:00am. Signed by Judge Larry Alan Burns on 8/2/10. (kaj)
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Plaintiff: Thomas Hubbard
Represented By: Benjamin H. Kaminash
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Defendant: Phil's BBQ of Point Loma, Inc.
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Defendant: Phillip C. Pace
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Defendant: Jeffrey A. Loya
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