LaRiviere, Grubman & Payne, LLP v. Phillips et al
| LaRiviere, Grubman & Payne, LLP |
| Edward H. Phillips, John C. Herman, Allen L. Greenberg, Duane Morris, LLP, Shane M. Edgington and Hensley, Kim & Edgington, LLC |
| 1:2007cv01723 |
| August 16, 2007 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| Lewis T. Babcock |
| 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
529
ORDER Awarding Costs. ORDERS that the Stipulation filed by the Parties in this matter 528 is APPROVED. ORDERED that Plaintiff LaRiviere, Grubman & Payne, LLP shall pay to the Duane Morris Parties reasonable costs in the amount of $6,000.00 pursuant to Fed. R. Civ. P. 54(d)(1) by Chief Judge Wiley Y. Daniel on 03/21/12. (jjhsl, )
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Filing
524
ORDER. ORDERED that Duane Morris, LLP, Allen L. Greenberg, and John C. Herman's[collectively the Duane Morris Parties] Motion for Entry of Final Order Awarding Costs 503 is GRANTED. ORDERED that Duane Morris, LLP, Allen L. Greenberg, and John C. Herman's Motion to Alter, Amend, and Correct Final Judgment 511 is GRANTED by Chief Judge Wiley Y. Daniel on 02/02/12.(jjhsl, )
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Filing
509
ORDER RE: Phillips' and LPG's Joint Motion to Amend Final Judgment. Granting 508 Motion to Alter Judgment. The Clerk of Court shall amend or correct that portion of the Final Judgment addressing LGP's claims against Phillips by deleting the paragraph ordering the accrual of post-judgment interest on LGP's $1,072,227.00 judgment, by Chief Judge Wiley Y. Daniel on 9/19/11.(lsw, )
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Filing
492
ORDER. ORDERS that Plaintiff/Counterclaim Defendant LaRiviere, Grubman & Payne,LLPs Motion for Entry of Judgment on Defendant Edward H. Phillips Confession of Judgment 490 is GRANTED. The Clerk of Court shall ENTER JUDGMENT in favor of Plaintiff La Riviere, Grubman & Payne LLP against Defendant Edward H. Phillips on Plaintiffs claims for legal fees and costs in the amount of $1,072,227.00, pursuant to the terms of the Confession of Judgment 489 . ORDERED that the Joint Motion For Dismiss al Of Counterclaims And Certain Claims With Prejudice 491 is GRANTED. ORDERED that each party shall pay his or its own costs and fees incurred in this Civil Action. ORDERED that this Civil Action shall remain open only in order to resolve the distr ibution of the funds held in the Registry of the Court for this Civil Action in accordance with the Confession of Judgment filed on May 18, 2011. After the distribution of funds has been completed, this case shall be terminated as all claims have been resolved by Chief Judge Wiley Y. Daniel on 05/20/11.(jjh, )
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Filing
488
ORDER. ORDERED that the Stipulation for Dismissal With Prejudice is APPROVED IN PART AND DENIED IN MOOT IN PART 487 . It is DENIED AS MOOT to the extent it seeks dismissal of Defendants M. Shane Edgington and Hensley, Kim & Edgington, LLC as they we re previously dismissed from the case by Order of 03/31/10. The Stipulation is APPROVED to the extent it requests that the record reflect that the dismissal of M. Shane Edgington and Hensley, Kim & Edgington, LLC is with prejudice, the parties to pay their own attorney fees and costs by Chief Judge Wiley Y. Daniel on 05/16/11. (jjh, )
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Filing
485
ORDER re: Defendant Edward H. Phillip's Motion for Order to Issue Subpoena to Donald R. Mollick. ORDERED that the instant Motion 479 is GRANTED. Phillips counsel is authorized to issue a Subpoena for Donald Mollick (with estimated necessary travel and attendance expenses in the amount of $80.00) to appear and give deposition testimony in this case in Ottawa, Ontario, Canada by Magistrate Judge Craig B. Shaffer on 02/28/11.(jjh, )
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Filing
475
ORDER on Summary Judgment on the Counterclaims. Ordered that LaRiviere, Grubman & Payne, LLP's Motion for Summary Judgment 322 is granted in part and denied in part consistent with this Order by Chief Judge Wiley Y. Daniel on 02/11/11.(jjh, )
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Filing
474
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 2/10/2011. ORDERED: Fact depositions must be completed by 3/31/2011; Defendant/Counter Claimant must designate experts by 4/29 /2011; Plaintiff/Counter Defendants must designate rebuttal experts by 5/31/2011; discovery deadline is 6/15/2011; a Final Pretrial Conference is set for 8/18/2011 at 9:15 a.m. before Magistrate Judge Craig B. Shaffer; a Proposed Final Pretrial Order is due 8/11/2011; Motion Regarding Scheduling Issues, doc # 449 is DENIED AS MOOT; the deposition of Mr. Phillips will take place in Magistrate Judge Shaffer's jury deliberation room and is limited to 4 hours; counsel shall hold a Rule 7.1 conference and notify chambers by noon on Monday, 2/14/2011 and advise the court that counsel have agreed, or that an issue remains. By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
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Filing
446
Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 12/29/2010. Denying 431 DEFENDANT EDWARD H. PHILLIPS motion to dismiss or strike LGPs third amended complaint. Granting 435 PLAINTIFF/COUNTERCLAIM DEFENDANT LARIVIERE, GRUBMAN & PAYNE, LLPS delayed motion for extension of time to file third amended complaint. The third amended complaint is being filed as of todays date. Response due date will run from todays date. Defendant Edward H. Phillips may file a motion, if at all, to reopen discovery, fact discovery, and seek an extension of deadlines for completing expert discovery on or before January 7, 2011. Plaintiff/Counterclaim Lariviere, Grubman & Payne, LLPs response due on or before January 14, 2011. Defendant Edward H. Phillips reply due on January 21, 2011. (FTR: G.Mattei) (bnbcd, )
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Filing
430
Minute Entry for Motion Hearing proceedings held on 12/7/2010 before Chief Judge Wiley Y. Daniel. Denying in part and deferring ruling on in part 322 Motion for Summary Judgment. (Court Reporter: Therese Lindblom) (wydcd, rrk)
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Filing
421
ORDER HKE Defendants Motion for an Award of Attorneys Fees 348 , and the Motion for Attorneys Fees by Duane Morris, LLP, 356 , are GRANTED. It is FURTHER ORDERED that LaRiviere, Grubman & Payne, LLPs Unopposed Motion to Bifurcate Motions for Attorneys Fees 369 , is GRANTED. by Chief Judge Wiley Y. Daniel on 11/10/2010.(erv, )
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Filing
420
ORDER Magistrate Judge Shaffers 398 Recommendation and Order Regarding Plaintiffs Second Motion to Amend Complaint is AFFIRMED AND ADOPTED in its entirety. Plaintiffs Second Motion to Amend Complaint 350 is GRANTED IN PART AND DENIED IN PART. LGP s Objection to Magistrates Recommendation to Deny LGPs Second Motion to Amend Complaint 383 , is DENIED AS MOOT. LGPs Amended Objection to Magistrates July 15, 2010 Recommendation and Order Regarding Plaintiffs Second Motion to Amend Complaint 406 and 407 , are OVERRULED. Phillips Fed. R. Civ. P. 72 Objection to the Magistrate Judges July 15, 2010, Recommendation and Order Regarding Plaintiffs Second Motion to Amend Complaint 399 , is OVERRULED. by Chief Judge Wiley Y. Daniel on 11/9/2010.(erv, )
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Filing
399
ORDER - Plaintiff's Second Motion to Amend Complaint # 350 is GRANTED to the extent that Plaintiff seeks to revive and formally assert a claim for Enforcement of Attorney's Lien Pursuant to C.R.S. 12-5-119 against Edward H. Phillips. Plaintiff's Second Amended Complaint is deemed filed as to Defendant Phillips as of this date by Magistrate Judge Craig B. Shaffer on 7/15/2010. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbscd)
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Filing
341
ORDER Denying 147 Plaintiff's Motion to Reconsider Dismissal of Its Conversion Claim Against Defendants ; Denying 275 Defendant Edward H. Phillips Motion to Dismiss Pursuant to Fed. R. Civ. P. 9(b) and 12(b)(6) for Failure to Plead Fraud wit h Particularity; Granting 283 Renewed Motion for Judgment on the Pleadings by Defendants Duane Morris, LLP, Allen L. Greenberg and John C. Herman. The civil theft statute against all the Defendants in this case is DISMISSED. It is FURTHER ORDERED that Defendants John C. Herman, Allen L. Greenberg, Duane Morris, LLP, M. Shane Edgington, and Hensley, Kim & Edgington, LLC are DISMISSED from the case as all claims against them have been dismissed; Finding as moot 286 Defendant/Counter Claimant Edward H. Phillips Motion to Stay Pending Resolution of the Re-Filed Motion to Dismiss Without Prejudice Pursuant to Federal Rules of Civil Procedure 12(b)(7) and 19 and Request for Forthwith Oral Argument to the Court and Forthwith Ruling 286 is Denied as Moot. by Chief Judge Wiley Y. Daniel on 3/31/2010.(erv, )
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Filing
326
Minute ORDER granting 325 Motion for Leave to File Accept Filing of Reply in Support of Motion to Dismiss Excess of Page Limitation. Edward H. Phillips' Reply in Support of Motion to Dismiss is accepted for filing by Chief Judge Wiley Y. Daniel on 10/28/09.(jjh, )
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Filing
320
MINUTE ORDER granting 319 LGP's Motion for Leave to File Motion for Summary Judgment on Phillips' Counterclaims in Excess of Page Limitations and for Leave to File Exhibits to the Proposed Motion on Disc or on Paper. Within 3 days LGP is to electronically file the motion for summary judgment with no exhibits. On the same business day that the summary judgment motion is electronically filed, LGP is to hand deliver and file one paper copy of its motion for summary judgment, along with one set of paper copies of the exhibits to the Clerk of the Court, who is instructed to accept the papers for filing and LGP will also deliver to chambers 3 compact discs which contain both a copy of the motion for summary judgment and images of the exhibits for the motion. LGP will additionally provide copies of identical compact discs to all parties to this action, by Chief Judge Wiley Y. Daniel on 10/9/09.(gms, )
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Filing
303
ORDER re: 283 Renewed MOTION for Judgment on the Pleadings filed by John C. Herman, Duane Morris, LLP, Allen L. Greenberg, is converted to a motion for summary judgment. It is FURTHER ORDERED that if any party wishes to submit additional material to be considered in connection with the motion for summary judgment, they shall do so by Tuesday, September 29, 2009 or in any further briefing to be filed in connection with the motion. by Chief Judge Wiley Y. Daniel on 9/16/09. (erv, )
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Filing
294
ORDER granting 285 Defendant/Counter Claimant Edward H. Phillips Motion to Stay of Pre-Trial Disclosure and Discovery Deadlines and Procedures in Light of the Recommendation of United States Bankruptcy Court Judge Brooks and his Request for Forthwith Entry of Stay 282 . All pretrial disclosure and discovery deadlines are STAYED pending a ruling by Judge Brooks in the Bankruptcy Court. by Chief Judge Wiley Y. Daniel on 8/31/09.(erv, )
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Filing
273
MINUTE ORDER granting in part and denying in part 252 Edward H. Phillips Motion for Leave to File Motion to Dismiss in Excess of Page Limitation Pursuant to the Courts Practice Standard II.C.2. by Chief Judge Wiley Y. Daniel on 8/10/09.(erv, )
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Filing
270
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 8/7/2009, granting in part and denying in part 269 Motion for Protective Order. (Court Reporter FTR - C. Coomes) (mehcd)
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Filing
264
ORDER Denying Without Prejudice 115 Motion for Judgment on the Pleadings which addressed the original Complaint. by Chief Judge Wiley Y. Daniel on 7/30/09.(erv, )
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Filing
260
Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: granting 71 LaRiviere, Grubman & Payne, LLPs Motion to Preserve Registry Funds, The registry funds currently being held in 97-cv-00212-MSK-CBS shall now be held under case number 07-cv-01723- WYD-CBS. The funds shall remain in the registry of the U.S. District Court pending a resolution of the bankruptcy proceedings; denying 116 LGPs Motion to Strike Response of Edward Phillips to HKEs Motion for Protective Order ; Denying as moot 129 LaRiviere, Grubman & Payne, LLPs Motion for Determination Regarding Registry Funds; Denying as moot 140 Defendant/Counter Claimant Edward H. Phillips Motion to Stay; granting in part and denying in part 176 LGPs Motion to Co mpel Discovery Responses from Defendant and Counter-Claimant Edward Phillips Pursuant to Fed.R.Civ.P. 37, Motion to Compel; denying 179 LGPs Motion to Compel; withdrawing 180 HKE Defendants Motion to Compel; withdrawing 180 HKE Defendants Motio n for Protective Order; granting 181 LGPs Motion to Compel; granting 218 LGPs Motion to Amend Answer to counterclaims; granting 223 LGPs Motion to Amend Complaint; Denying as moot 228 Defendant/Counter Claimant Edward H. Phillips Motion to Mo dify Section 8(d)(3) and Section 8(d) (5) of the Scheduling Order; denying 235 Defendant/Counter Claimant Edward H. Phillips Motion to Stay; granting 255 Defendant/Counter Claimant Edward H. Phillips Motion to Supplement; Motion Hearing held on 7/27/2009 ; ( Discovery due by 10/30/2009., Dispositive Motions due by 11/30/2009., Status Conference set for 12/9/2009 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (Court Reporter FTR Linda Kahoe.) (erv, ) (Modified on 7/30/2009 corrected file date to 7/27/09)(erv, ).
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Filing
237
Minute ORDER striking 232 Motion to Dismiss Without Prejudice Pursuant to Federal Rules of Civil Procedure 12(b)(7) and 19 for Failure to Join a Required Party and for an Oral Argument and Forthwith Hearing. The motion exceeds the page limitations by Chief Judge Wiley Y. Daniel on 07/01/09.(jjh, )
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Filing
227
AMENDED SUPERCEDING PROTECTIVE ORDER. by Magistrate Judge Craig B. Shaffer on 6/16/09. The parties are reminded that they will be required to comply fully with all provisions of D.C.ColoL.CivR. 7.2, and particularly those provisions dealing with filing documents under seal. (cbssec)
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Filing
185
MINUTE ORDER granting 184 Unopposed Motion for Leave to File Sur-Reply in Opposition to Motion to Reconsider Dismissal of Plaintiffs Conversion Claim by Chief Judge Wiley Y. Daniel on 5/15/09.(erv, )
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Filing
128
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B Shaffer: granting 123 defendant Edward H. Phillips Motion to Amend the Protective Order and Withdraw Acceptance of Protective Order Pending Review of Transcript of the Feb.18, 2009, Hearing; Motion Hearing held on 3/6/2009. (Court Reporter FTR/ Ginny Kramer / Linda Kahoe.) (erv, )
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Filing
118
Minute Entry for proceedings held before Magistrate Judge Craig B Shaffer: Motion Hearing held on 2/18/2009 taking under advisement 71 Motion for Order; and granting 101 Motion for Protective Order. (Court Reporter FTR-Ginny Kramer.) (rebcd)
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