Cartel Asset Mgmt v. Ocwen Financial Corp, et al
Case Number: 1:2001cv01644
Filed: August 21, 2001
Court: U.S. District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Phillip S. Figa
Presiding Judge: Craig B Shaffer
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: Both
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Date Filed Document Text
March 20, 2012 Opinion or Order Filing 883 ORDER CONCERNING MOTIONS FOR ATTORNEY FEES. That the 841 Plaintiff's Motion for Award of Attorneys' Fees is GRANTED consistent with the foregoing findings of fact and conclusions of law and the following orders. The 879 plaintiff' s Motion for Increase in Attorneys' Fee Award for Fees/Costs Incurred Following 07/22/2011 is GRANTED. Under §7-74-105, C.R.S., the plaintiff, Cartel Asset Management, a Colorado corporation, is AWARDED attorney fees in the amount of 1,946 ,981 dollars. The defendants, Ocwen Financial Corporation, a Florida corporation, Ocwen Federal Bank FSB, a subsidiary of Ocwen Financial Corporation, and Ocwen Loan Servicing, LLC, in its capacity as successor-in-interest to Ocwen Federal Bank, FSB , SHALL PAY 1,946,981 dollars to Cartel Asset Management, a Colorado corporation, on or before 05/04/2012. To the extent the plaintiff seeks attorney fees greater than those awarded by the court in this order, the request is DENIED. An amended judgement SHALL BE ENTERED reflecting this award of attorney fees, by Judge Robert E. Blackburn on 03/20/2012.(wjcsl, )
March 19, 2012 Opinion or Order Filing 882 ORDER. The Plaintiffs Motion for Judicial Review of Clerks Taxation ofCosts 863 filed 7/11/2011, is GRANTED in part. The plaintiff is AWARDED 1,853 dollars for the costs of deposition transcripts, in addition to the costs previously awarded in the Bill of Costs 856 ; otherwise, the Plaintiffs Motion for Judicial Review of Clerks Taxation of Costs 863 filed 7/11/2011, is DENIED. By Judge Robert E. Blackburn on 3/19/2012.(sah, )
August 8, 2011 Opinion or Order Filing 874 MINUTE ORDER granting Defendant's 872 Motion for Leave to File Surereply. Defendants' Surreply To Plaintiffs' Reply in Support of Plaintiff's Motion For Award of Attorneys' Fees 873 is accepted for filing, by Judge Robert E. Blackburn on 8/8/11.(lsw, )
July 25, 2011 Opinion or Order Filing 868 MINUTE ORDER. Plaintiffs Unopposed Motion For Leave To File Reply in Support of Plaintiffs Motion For Award of Attorneys Fees in Excess of Page Limit 866 is GRANTED. By Judge Robert E. Blackburn on 7/25/2011.(sah, )
May 4, 2011 Opinion or Order Filing 848 MINUTE ORDER. Defendants Withdrawal of Motion For Stay of Execution of Judgment Upon Approval of Supersedeas Bond 847 filed 5/4/2011. The motion is GRANTED and Defendants Motion For Stay of Execution of Judgment Upon Approval of Supersesdeas Bond 839 filed 4/12/2011, is WITHDRAWN. By Judge Robert E. Blackburn on 5/4/2011.(sah, )
March 29, 2011 Opinion or Order Filing 824 MINUTE ORDER. The plaintiffs Motion To Strike Defendants Supplemental Brief Regarding Jury Instructions as Being in Brazen Defiance of This Courts 8/25/2010 Order and For Other Appropriate Relief and Sanctions 773 filed 9/9/2010, is DENIED. The pl aintiffs Motion For Leave To File Exhibit in Support of Plaintiffs Cross-Designation of Deposition Testimony of Kelie Matthews 790 filed 9/12/2010, is GRANTED. The plaintiffs Motion To Strike DefendantsTender of Revised Exhibit List and For Other Appropriate Relief 786 filed 9/10/2010, and Plaintiffs Renewed Motion For Determination That Burden of Proof Has Shifted To Defendants To Prove: (I) The Portion of BPORevenue That is Not The Result of Trade Secret Theft, and (ii) Any Incremental BPO Expenses Properly Deductible From BPO Revenue in Determining Unjust Enrichment 797 filed 9/19/2010 are DENIED as moot. by Judge Robert E. Blackburn on 3/29/2011.(sah, )
November 29, 2010 Opinion or Order Filing 822 MINUTE ORDER. Defendants Motion For Leave To File Surreply 820 is GRANTED. Defendants shall file a surreply on or before 12/04/2010. By Judge Robert E. Blackburn on 11/29/2010.(sah, )
October 4, 2010 Opinion or Order Filing 816 ORDER. The motions for the entry of judgment as a matter of law under Fed. R. Civ. P. 50(a) made by defendants at the close of plaintiffs case in chief and renewed at the close of the evidence are DENIED. By Judge Robert E. Blackburn on 10/04/2010. (sah, )
September 22, 2010 Opinion or Order Filing 806 MINUTE ORDER. Defendants Motion For Leave To File Surreply To Plaintiffs Renewed Motion For Determination That Burden of Proof Has Shifted To Defendants To Prove: (I) The Portion of BPO Revenue That Is Not The Result Of Trade Secret Theft; and (II) Any Incremental BPO Expenses Properly Deductible From BPO Revenue In Determining Unjust Enrichment 805 is GRANTED. By Judge Robert E. Blackburn on 09/22/2010.(sah, )
September 10, 2010 Opinion or Order Filing 783 ORDER granting 755 Plaintiff's Motion to Strike Defendants Untimely Fourth Supplemental Responses To Plaintiffs Interrogatories and Requests for Production and for Award of Sanctions as is set forth in the order. Ruling on plaintiff's request for sanctions is deferred, by Judge Robert E. Blackburn on 9/10/10.(gmssl, )
September 8, 2010 Opinion or Order Filing 772 AMENDED Minute Entry re 771 Trial Preparation Conference before Judge Robert E. Blackburn. Granting 730 Motion to Exclude; taking under advisement 755 Motion to Strike. (Court Reporter: Kara Spitler) (rebcd)
September 7, 2010 Opinion or Order Filing 765 SECOND TRIAL PREPARATION CONFERENCE AGENDA. The second Trial Preparation Conference shall commence September 8, 2010,at 1:30 p.m.. By Judge Robert E. Blackburn on 09/07/2010. (sah, )
September 3, 2010 Opinion or Order Filing 749 ORDER. The plaintiffs Motion in Limine for Judicial Estoppel Determination 666 filed 08/10/2010, is DENIED without prejudice. By Judge Robert E. Blackburn on 09/03/2010.(sah, )
September 2, 2010 Opinion or Order Filing 742 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 9/2/2010. ORDERED: Plaintiff's Motion to Strike "Supplemental" Reports of Robert A. Bardwell and for Related Relief, doc # 683 , is GRANTED to the extent that it seeks to strike all three supplemental reports of Dr. Bardwell, and is DENIED to the extent that it seeks sanctions. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
September 1, 2010 Opinion or Order Filing 739 ORDER. The plaintiffs Daubert Motion To Exclude Expert Testimony of Stephen H. Murray 654 filed 08/05/2010, is DENIED. The plaintiffs the plaintiffs Daubert Motion To Exclude Expert Testimony of Robert A. Bardwell 655 filed 08/06/2010, is DENIED. The plaintiffs Daubert Motion To Exclude Expert Testimony of Roy Weinstein 657 filed 08/06/2010, is DENIED. By Judge Robert E. Blackburn on 09/01/2010.(sah, )
August 19, 2010 Opinion or Order Filing 696 Minute Entry for Motions Hearing and Preliminary Pretrial Conference held before Magistrate Judge Craig B. Shaffer on 8/19/2010. Granting 620 Motion for Protective Order. Denying 635 Motion for Protective Order. (Court Reporter FTR - Kathleen Finney) (kfinn)
August 2, 2010 Opinion or Order Filing 652 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 8/2/2010. ORDERED: Motion to Bar Defendants' Late-Disclosed Witnesses # 608 is DENIED; The continuation of Mr. Gunter&# 039;s deposition must be completed no later than 9/2/2010; Defendants' Motion for Leave to Amend Answer # 614 is DENIED; At the Motions Hearing set for 8/19/2010 at 10:00 a.m., the court will hear arguments on # 620 , # 627 , and # 635 ; A Prel iminary Pretrial Conference is set for 8/19/2010 at 10:00 AM before Magistrate Judge Craig B. Shaffer. A Proposed Pretrial Order is due by NOON on 8/18/2010. The Final Pretrial Conference remains set for 8/23/2010 at 11:00 a.m. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
February 25, 2010 Opinion or Order Filing 566 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Discovery Hearing was held on 2/25/2010. ORDERED: Supplemental, simultaneous briefs on the discovery dispute due within 5 BUSINESS DAYS OF T ODAY'S DATE. No reponses or replies allowed. Counsel shall hold a Rule 7.1A Conference on 3/3/2010 at 1:00 p.m. in Magistrate Judge Shaffer's jury deliberation room. Counsel must be physically present. Dispositive Motion deadline is 7/1 /2010. Discovery deadline is 6/14/2010. Affirmative expert deadline is 5/1/2010. Rebuttal expert deadline is 6/1/2010. Final Pretrial Conference set for 8/2/2010 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Proposed Fina l Pretrial Order due 5 days prior. Order to Show Cause, doc # 561 is DISCHARGED. Defendant's Unopposed Motion to Withdraw Show Cause Order, doc # 562 is GRANTED. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
February 18, 2010 Opinion or Order Filing 564 TRIAL PREPARATION CONFERENCE ORDER Six (6) day Jury Trial set for 9/13/2010 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 9/3/2010 at 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. by Judge Robert E. Blackburn on 2/18/10. (rebsec, )
February 8, 2010 Opinion or Order Filing 561 (DISCHARGED) ORDER ON PENDING MOTIONS - DENYING 529 Motion to Compel and for Contempt; GRANTING 552 Motion to Seal; DENYING 558 Motion to Strike; and GRANTING IN PART AND DENYING IN PART 518 Motion for Protective Order. The Ocwen Defendants are hereby ORDERED to show cause why, pursuant to Rule 26(g)(3), they should not be required to pay the reasonable expenses, including attorneys fees, incurred by Plaintiff Cartel as a result of the instant Motion for Protective Order. The Ocwen Defendants must submit that response within ten days of entry of this Order, by Magistrate Judge Craig B. Shaffer on 2/8/10.(cbssec) Modified on 3/1/2010 to DISCHARGE pursuant to the Courtroom Minutes dated 02/25/2010(sah, ).
August 21, 2009 Opinion or Order Filing 539 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motions Hearing held on 8/21/2009. Granting 517 Motion to Seal; Taking under advisement 518 Motion for Protective Order; Granting 523 Motion to Seal; Taking under advisement 529 Motion to Compel; Taking under advisement 529 Motion for Contempt; Granting 534 Motion to Seal (Court Reporter FTR - Linda Kahoe) (cbscd)
June 17, 2009 Opinion or Order Filing 512 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer. Motion Hearing held on 6/17/2009. ORDERED: Motion to Compel 501 is GRANTED with respect that it seeks to compel responses to interrogatories and DENIED with respect to award of attorneys' fees. ORDERED: Motion to Seal 503 is GRANTED. ORDERED: Motion to Seal 506 is GRANTED. ORDERED: Discovery due by 9/18/2009. ORDERED: Discovery Hearing set for 6/23/2009 at 08:00 AM before Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
February 3, 2009 Opinion or Order Filing 492 ORDER CONCERNING SCOPE OF SECOND TRIAL. Plaintiffs Motion for Direction from District Judge Respecting Plaintiffs Request To Conduct Additional Discovery Relating To the Period Following the Initial Trial 483 , filed 05/27/2008, is GRANTED in part. Plaintiff SHALL BE PERMITTED to present evidence at the secondtrial concerning unjust enrichment of defendant, Ocwen Federal Bank FSB. The Amended Pretrial Order 281 , filed 06/04/2004, is AMENDED further to include a provision that permits the pl aintiff to present evidence of damages for unjust enrichment. The Defendants Motion for Ruling Limiting Scope of Second Trial 484 , filed 06/16/2008, is DENIED. That Cartels requests to approve service of written discovery and to approve the conduc t of a Rule 30(b)(6) examination, as stated in the Motion for Direction from District Judge Respecting Plaintiffs Request To Conduct Additional Discovery Relating To the Period Following the Initial Trial 483 , filed 05/17/2008, ARE REFERRED to Magistrate Judge Craig Shaffer by Judge Robert E. Blackburn on 02/03/2009.(sah, )
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