Taylor et al v. Panico et al
| Martha A. Cesery Taylor and Walter Q. Taylor |
| David E.K. Panico, Janice L. Panico, Carol Dopkin and Carol Dopkin Real Estate and Ranch, Inc. |
| 1:2007cv00985 |
| May 11, 2007 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| Marcia S. Krieger |
| Craig B Shaffer |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
273
ORDER. The Motion to Renew Hackstaff Gessler LLCs Motion to Withdraw as Plaintiffs Counsel and Request for Briefing Schedule 271 is GRANTED in part. Hackstaff Gessler LLC hereby is terminated from furtherrepresentation of the plaintiffs. The request for briefing schedule is DENIED. By Magistrate Judge Kathleen M. Tafoya on 09/23/2010.(sah, )
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Filing
265
MEMORANDUM AND ORDER, Evidentiary Hearing set for 2/16/2010 01:00 PM in Courtroom A 601 before Judge Kathryn H. Vratil. by Judge Kathryn H. Vratil on 2/10/10. (Vratil, Kathryn) Modified on 2/11/2010 to indicate the full title of the order. (sah2, ).
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Filing
253
ORDER re: 244 Statement and 237 Courtroom Minutes/Minute Order. Costs and attorney's fees in the amount of $3,012.00 are awarded to the defendants and against the plaintiffs. Signed by Magistrate Judge Kathleen M. Tafoya on 1/21/2010. (kmtcd, )
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Filing
237
Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 12/29/2009. The Plaintiff shall submit medical documents, including any and all medical office or hospital records wherein she was treated at any tim e between December 27 through December 30, 2009, on or before 01/01/2010, to excuse her absence at this hearing in light of the direct order of court that she appear. Defendants 230 MOTION to Compel Production of Documents Regarding Repairs/Improve ments to Residence is GRANTED. The Court will award costs, including attorney fees, in association with the motion to compel against plaintiffs in an amount to be determined. A statement of Fees and Costs and any objection to the claimed amount shall be filed on or before 01/01/2010. Defendants request that the expert testimony of Gary Gilman be stricken as irrelevant in light of the remediation which was completed on the property as evidenced by the documents produced in Court Exhibit One is GR ANTED. Documents purporting to show extensive remediation of the property were completed on no later than 10/02/2009 but not produced until yesterday, less than one week prior to trial. Pursuant to Rule 37(c)(1)(C) and (b)(2)(A)(ii), the testimony of Gary Gilman will not be permitted at the trial now scheduled for 01/04/2010. Plaintiffs Oral Motion to supplement the final pretrial order to add the testimony of Scott Niblack and to supplement the exhibit list with the documents located at Taylo r01981 thru 01987 and other relevant documents pursuant to the parties agreement with respect to the potential testimony of Scott Niblack is GRANTED. This Order is contingent upon Defendants ability to interview Mr. Niblack this week. The interview will be facilitated by counsel for Plaintiffs. Counsel shall file briefing relating to whether the testimony of damages expert Steve Waldeck should also be stricken based upon the information contained in Court Exhibit One and the prejudicial late d isclosures by the Plaintiffs will be filed on or before 8:00 a.m. 12/30/2009. The Court will address this matter at a hearing set for 12/30/2009 at 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. (FTR - Ellen E. Miller) (kmtcd, ) Modified on 12/30/2009 to correct the name of the courtroom deputy(sah, ).
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Filing
221
ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 8/19/2009 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Signed by Magistrate Judge Kathleen M. Tafoya on 7/1/09. (kmtcd)
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Filing
211
ORDER for 210 Dismissal With Prejudice (Dopkin Defendants only). All claims between the Plaintiffs and the Dopkin Defendants that were raised, sought to be raised, or could have been raised by and between these parties are hereby dismissed with prejudice, each party to bear his, her or its own court costs and attorney fees. The caption shall be amended to so reflect on all future pleadings, by Judge Marcia S. Krieger on 05/01/09. (wjc, )
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Filing
207
Minute Entry - Courtroom Minutes for Final Pretrial Conference held before Judge Marcia S. Krieger on 4/21/2009. ORDER: Motion in Limine to Exclude Evidence 155 is denied with leave to renew at time of trial. Stipulated Motion to Modify Pretrial Order 206 is granted. Revised witness and exhibit lists shall be filed by 5/6/2009. Proposed jury instructions and voir dire questions shall be submitted by 5/13/2009. Each side will have 18 hours, monitored by the chess clock, for all argument, op ening statement, presentation of evidence, and closing argument. Jury trial set for 12/14/2009 at 01:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Case will be to the jury by 5:00 p.m. on December 22, 2009. Counsel shall set a settlement conference with Magistrate Judge Tafoya. (Court Reporter Paul Zuckerman) (lbush)
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Filing
202
Opinion and ORDER Granting and Denying Motions for Summary Judgment: Defendants Carol Dopkin and Carol Dopkin Real Estate and Ranch, Inc.'s 142 Renewed Motion for Summary Judgment is granted. The Court finds that, having disposed of all claim s asserted against Ms. Dopkin and DCRE and there being no just reason for delay, judgment shall enter in favor of Ms. Dopkin and CDRE pursuant to Fed.R.Civ.P. 54(b) contemporaneously with this Order. The Defendants David Panico and Janice Panico's 145 Motion for Summary Judgment is denied, by Judge Marcia S. Krieger on 04/14/09.(wjc, ) Modified on 4/16/2009 to correct filed date (wjc, ).
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Filing
190
Minute Entry for proceedings held before Judge Marcia S. Krieger: Rule 702 Hearing held on 3/6/2009. 184 Motion to Withdraw as Attorney is granted. (Attorney Gregory C. Smith; Kieran Anthony Lasater and Harlan Peter Pelz terminated.) The Joint Mo tion under Rule 702 is deemed Withdrawn unless the plaintiffs retain counsel within 17 days of today's date (03/23/09) and said counsel, upon entry of appearance, renews the request to have a determination of the Rule 702 issues. Mr. Pelz will provide a copy of these minutes to plaintiffs immediately upon receipt. Joint 189 Motion to Vacate Evidentiary Hearing is denied as moot. (Court Reporter Paul Zuckerman.) (wjc, )
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Filing
188
ORDER granting 182 Dopkin Defendants'Withdrawal of 124 MOTION to Quash. The Clerk shall mark the Motion to Quash as withdrawn as moot and terminate the motion, by Magistrate Judge Kathleen M. Tafoya on 03/04/09.(wjc, )
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Filing
180
ORDER denying without prejudice 143 Plaintiffs' Motion for Leave to Amend Pleadings, by Magistrate Judge Kathleen M. Tafoya on 03/03/09.(wjc, )
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Filing
171
MINUTE ORDER granting 169 Plaintiff's Motion to Excuse Walter Tayler from Attendance at Settlement Conference, by Magistrate Judge Kathleen M. Tafoya on 01/12/09.(wjc, )
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Filing
64
MINUTE ORDER granting 62 Plaintiff's Unopposed Motion to Modify Scheduling Order, by Magistrate Judge Kathleen M. Tafoya on 02/07/08.(jmp, )
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Filing
4
ORDER setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting set for 7/18/2007 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Signed by Magistrate Judge Craig B Shaffer on 5/21/07. (dln, )
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Filing
2
ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS. Any exhibits and depositions to be used during this case, counsel for the parties shall obtain such exhibits and depositions from the Court within 30 days after any judgment is entered or closure o f the case. Counsel shall retain same for 60 days beyondthe later of the time to appeal or conclusion of any appellate proceedings. Failure to retrieve exhibits and depositions in conformance with this Order may result in their destruction. Signed by Judge Marcia S. Krieger on 5/15/07. (dln, )
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