Hubbell v. Carney Brothers Construction, et al
Case Number: 1:2005cv00026
Filed: January 6, 2005
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Edward W. Nottingham
Presiding Judge: Kristen L. Mix
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure
Jury Demanded By: Both
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Date Filed Document Text
May 14, 2013 Opinion or Order Filing 668 ORDER denying 637 Verified Traverse to EMCs Answer in Garnishment and dismissing 634 Writ of Garnishment by Judge Christine M. Arguello on 5/14/13. (dkals, )
August 7, 2012 Opinion or Order Filing 656 ORDER granting 655 Motion to Vacate the August 16, 2012 and August 17, 2012 Hearing on the Traverse and to Submit the Case on Stipulated Facts and Briefs by Judge Christine M. Arguello on 8/7/12.(dkals, )
April 30, 2011 Opinion or Order Filing 633 ORDER DISMISSING CASE that All claims asserted by Platt T. Hubbell and Kelly S. Hubbell (now Kelly S. Hogan) against T.J. Concrete Construction, Inc., in this action No. 05-cv-00026- CMA-KLM are dismissed with prejudice. Each party is to pay its own costs and attorneys fees. by Judge Christine M. Arguello on 4/30/2011. (erv, )
March 29, 2011 Opinion or Order Filing 631 ORDER granting 619 Motion to Dismiss Party. Defendant Georgia Chamberlain, Public Trustee of Garfield County, Colorado, is dismissed as a party by Judge Christine M. Arguello on 3/29/2011.(erv, )
March 23, 2011 Opinion or Order Filing 622 ORDER GRANTING 592 PLAINTIFF'S MOTION TO SUPPLEMENT EXPERT APPRAISAL AND GRANTING 610 T.J. CONCRETE'S MOTION TO STRIKE SUPPLEMENTAL EXPERT APPRAISAL. Third-Party Plaintiffs Platt T. Hubbell and Kelley S. Hubbell's 592 Motion to Supplement Expert Appraisals is GRANTED. Teamcorp./Karnan's Motion to Strike the Hubbells' Supplemental Expert Appraisal (Doc. ## 607 , 610 ), in which Third-Party Defendant T.J. Concrete Construction, Inc.'s Joined, is GRANTED. Hubb ells and T.J. Concrete shall be permitted to simultaneously exchange, by noon on 03/28/2011 expert reports addressing the calculation of DMV damages. Should either party deem it necessary to conduct the deposition of the other party's expert reg arding that expert's opinion on DMV, the other party shall make that expert available for a deposition limited to the issues set forth in the report, such deposition(s) to take place no later than close of business on 03/31/2011, by Judge Christine M. Arguello on 03/23/2011. (wjc, )
December 13, 2010 Opinion or Order Filing 586 ORDER granting in part and denying in part 511 Third-Party Defendants Teamcorp, Inc. d/b/a Draft-Tek and Kerry Karnans Motion for Partial Summary Judgment Regarding Plaintiffs Recoverable Damages; granting in part and denying in part 512 Third-Party Defendant T.J. Concrete Construction, Inc.s Motion for Partial Summary Judgment Regarding Plaintiffs Recoverable Damages by Judge Christine M. Arguello on 12/13/2010.(ervsl, )
December 8, 2010 Opinion or Order Filing 585 ORDER Denying 514 Third-Party Defendants Teamcorp, Inc. d/b/a Draft Tek and Kerry Karnans Motion for Summary Judgment; Granting in part and Denying in part 550 Plaintiffs Motion to Strike Teamcorp/Karnans Summary-Judgment Reply 543 or for Alter native Relief ; Granting 513 Third-Party Defendants Teamcorp, Inc. d/b/a Draft Tek and Kerry Karnans Motion for Partial Summary Judgment Regarding the Standard of Care Applicable to Teamcorp d/b/a Draft Tek and Kerry Karnan Motion for Partial Summary Judgment; by Judge Christine M. Arguello on 12/8/2010.(erv, )
November 1, 2010 Opinion or Order Filing 579 ORDER granting 578 Plaintiffs Unopposed Motion to Amend 578 Judgment. by Judge Christine M. Arguello on 11/1/2010.(erv, )
September 8, 2010 Opinion or Order Filing 573 ORDER denying 545 Third-Party Defendants Teamcorp, Inc. d/b/a Draft-Tek (Teamcorp) and Kerry Karnans Renewed Motion to Certify Order Adopting and Affirming May 26, 2010 Recommendation for an Immediate Appeal Pursuant to 28 U.S.C. § 1292(b) by Judge Christine M. Arguello on 9/8/2010.(erv, )
September 1, 2010 Opinion or Order Filing 567 ORDER APPROVING AND ADOPTING 566 Stipulation as an Order of the Court, filed by Richard Carney, Carney Brothers Construction, Kelley S. Hubbell, Platt T. Hubbell, Ian Carney; Judgment shall immediately enter against the Carney Defendants nunc pro t unc January 11, 2010, in the amount of One Million Eight Hundred Fifty Thousand and 00/100 Dollars ($1,850,000.00) jointly on Hubbell/Hogans First and Second Claims for Relief, for Negligence and Negligent Misrepresentation. by Judge Christine M. Arguello on 9/1/2010. Nunc Pro Tunc 1/11/2010 (erv, )
August 10, 2010 Opinion or Order Filing 561 Minute ORDER denying without prejudice 556 Motion to Compel Disclosure by Magistrate Judge Kristen L. Mix on 08/10/10.(jjh, )
June 30, 2010 Opinion or Order Filing 551 ORDER granting 549 Stipulated Motion for Relief Under Rule 60(b)(5) Due to Satisfaction of Bank Judgments submitted by Plaintiff Alpine Bank (the Bank), and Defendants/Third-Party Plaintiffs Platt T. Hubbell and Kelley S. Hogan; All judgments, cos ts, attorney fees, and any other amounts sought by or awarded to the Bank against Hubbell/Hogan (collectively or individually) in this litigation, whether or not reduced to final order or judgment, are deemed to be satisfied finally and in full; The Bank shall cease any and all efforts at collection against Hubbell/Hogan and file or record this Order Acknowledging Full Satisfaction of Judgments Against Hubbell/Hogan in every jurisdiction and venue in which it previously filed documentation or other proceedings in its collection efforts against Hubbell/Hogan. by Judge Christine M. Arguello on 6/30/2010.(erv, )
June 10, 2010 Opinion or Order Filing 537 ORDER that 536 Third-Party Plaintiffs Platt T. Hubbell and Kelley S. Hubbells Partial Objection to Report and Recommendations is OVERRULED; AFFIRMED and ADOPTED 530 United States Magistrate Judge Kristen L. Mixs Report and Recommendations; grant ing 496 Third-Party Plaintiffs Platt T. Hubbell and Kelley S. Hubbells Motion to Strike Teamcorp/Karnans Designation of Non-Parties at Fault; denying 507 Third-Party Defendants Kerry M. Karnan and Teamcorp, Inc.s Motion for Leave to File Non-Party Designations Out of Time; by Judge Christine M. Arguello on 6/10/2010.(erv, )
April 6, 2010 Opinion or Order Filing 520 MINUTE ORDER granting 517 T.J. Construction Company, Inc.s Unopposed Motion to Vacate and Reschedule Pre-Trial Conference Currently Scheduled for April 19, 2010 or, Alternatively, Request for Counsel to Appear by Phone. Proposed Pretrial Order due by 6/3/2010. Final Pretrial Conference is vacated and reset for 6/10/2010 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 4/6/2010.(klmcd)
April 5, 2010 Opinion or Order Filing 519 MINUTE ORDER granting 515 Third-Party Plaintiffs Unopposed Motion for Leave to File a Combined Reply and Response. IT IS HEREBY ORDERED that the Motion is GRANTED. Third-Party Plaintiffs shall file a combined reply in support of their Motion to Strike and response to Defendants Teamcorp and Karnans Motion for Leave to File Non-Party Designations Out of Time on or before April 12, 2010. by Magistrate Judge Kristen L. Mix on 4/5/2010.(erv, )
March 24, 2010 Opinion or Order Filing 509 ORDER granting in part and denying in part 446 Plaintiff's Motion for Attorney Fees; IT IS FURTHER ORDERED THAT Plaintiff shall be awarded fees in the amount of $102,680.85 and costs in the amount of $6,108.76 in connection with Plai ntiffs Motion for Attorneys Fees; granting in part and denying in part 465 Defendants Platt T. Hubbell and Kelley S. Hubbells Motion to Reduce Amount of Judgments Outstanding Pursuant to Foreclosure Sale to Bank by $585,000. by Judge Christine M. Arguello on 3/24/2010.(erv, ) (Modified on 3/26/2010 corrected signing date to 3/24/2010)(erv, ).
October 23, 2009 Opinion or Order Filing 468 MINUTE ORDER granting 466 Joint Motion to Amend the Scheduling Order Regarding Third-Party Claims. The expert disclosure deadline is extended to 11/23/2009, and the rebuttal expert disclosures deadline is extended to 12/23/2009. Third-Party Plaintiffs may retain five experts and Third-Party Defendants may retain four experts. By Magistrate Judge Kristen L. Mix on 10/23/2009.(sah, )
June 15, 2009 Opinion or Order Filing 454 MINUTE ORDER granting 451 Motion to Vacate 451 Third-Party Plaintiffs Unopposed Unopposed MOTION to Vacate 449 Order setting Scheduling/Status Conference. Scheduling Conference Reset for 7/24/2009 11:30 AM before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 6/15/09.(erv, )
June 5, 2009 Opinion or Order Filing 449 ORDER SETTING SCHEDULING/STATUS CONFERENCE (as amended effective June 1, 2009) Scheduling Conference set for 6/19/2009 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 6/5/09. (erv, )
June 3, 2009 Opinion or Order Filing 448 ORDER granting 447 Third-Party Plaintiffs, Platt T. Hubbell and Kelley S. Hubbells (Plaintiffs) Unopposed Motion to Reopen Case. IT IS FURTHER ORDERED that this matter shall be set for a scheduling/status conference before the Magistrate Judge to a ddress (1) the scope of any additional discovery and/or disclosures; and (2) to devise an updated case schedule, including dates for revised discovery deadlines and any future hearing or conference. The Court also directs the parties to review this Courts Civil Practice Standards regarding a trial date in this matter. by Judge Christine M. Arguello on 6/3/09.(erv, )
March 10, 2009 Opinion or Order Filing 442 ORDER denying 421 Plaintiff Alpine Banks Motion for Contempt; Denying as moot 432 Defendants Motion to Vacate ; Denying as moot 432 Defendants Motion for Order by Judge Christine M. Arguello on 3/10/09.(erv, ) (Modified on 3/10/2009 Added party to the motions termed)(erv, ).
March 5, 2009 Opinion or Order Filing 440 ORDER granting 435 Motion for Certification of Judgment by Judge Christine M. Arguello on 3/5/09.(erv, ) (Modified on 3/6/2009 corrected file date)(erv, ).
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