Stender et al v. Archstone-Smith Operating Trust
Case Number: 1:2007cv02503
Filed: November 30, 2007
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Edward W. Nottingham
Presiding Judge: Michael J. Watanabe
Nature of Suit: Stockholders Suits
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
RSS Follow case documents by RSS

Available Case Documents

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

Date Filed Document Text
September 27, 2018 Opinion or Order Filing 643 ORDER affirming taxation of costs (terminating Motion for Review 636 ); the stay of execution 638 is LIFTED effective October 15, 2018, by Judge William J. Martinez on 09/27/2018. (wjmlc1)
August 25, 2017 Opinion or Order Filing 614 ORDER Granting Motions for Summary Judgment. Defendants' Motions for Summary Judgment (ECF Nos. 565 , 570 , 571 , and 576 ) are GRANTED. ORDERED by Judge William J. Martinez on 08/25/2017. (angar, )
March 17, 2016 Opinion or Order Filing 503 MINUTE ORDER denying 496 Plaintiffs' Motion to Compel the 2013 Defendants to Produce Documents and Corrected Discovery Requests, by Magistrate Judge Michael J. Watanabe on 3/17/2016.(emill)
February 1, 2016 Opinion or Order Filing 490 ORDER granting 467 Motion for Approval of Class Notice Plan, by Judge William J. Martinez on 02/01/2016.(cthom, )
January 22, 2016 Opinion or Order Filing 486 ORDER granting in part and denying in part 459 Plaintiff's Privilege Motion. Plaintiffs Privilege Motion is GRANTED as against the Archstone Defendants tothe following extent: In connection with asserting an advice-of-counsel defense, the Arch stone Defendants have waived the attorney-client privilege with respect to all documents and communications in which Archstone employees and/or Trustees received, discussed, reflected on, or reacted to the advice of counsel on the rights of A-1 Unith olders under the Declaration of Trust, as well as the contractual and fiduciary obligations the Archstone Defendants had with respect to A-1 Unitholders; and Plaintiffs Privilege Motion is DENIED AS MOOT as against the Tishman Defendants in light of the Tishman Defendants choice to withdraw their affirmative defenses of Good Faith and Transaction Permitted by Declaration of Trust. Ordered by Judge William J. Martinez on 01/22/2016.(cthom, )
October 30, 2015 Opinion or Order Filing 449 ORDER denying 440 Motion for Reconsideration, by Judge William J. Martinez on 10/30/2015.(cthom, )
September 29, 2015 Opinion or Order Filing 437 MINUTE ORDER granting 435 Motion to Withdraw as Attorney of Record, by Magistrate Judge Michael J. Watanabe on 9/29/2015. Attorney Oliver is hereby WITHDRAWN as counsel of record for Defendants Archstone-Smith Trust, Archstone-Smith Operating Trust, and Archstone Smith Multifamily Series I Trust.(slibi, )
September 28, 2015 Opinion or Order Filing 434 ORDER GRANTING IN PART and DENYING IN PART 396 Motion for class certification; OVERRULING as moot 399 Plaintiff's Objection to MAGISTRATE JUDGE DECISION; DENYING 430 Defendant's Request for Oral Argument, by Judge William J. Martinez on 09/28/2015.(cthom, )
September 17, 2015 Opinion or Order Filing 429 ORDER by Magistrate Judge Michael J. Watanabe on 09/17/15. The Clerk of Court shall REMOVE the Level 2 Restriction from Docket No. 412-1, such that it shall be publicly accessible. Docket No. 412-main, by contrast, shall remain restricted at Level 2 under D.C.COLO.LCivR 7.2(b). In satisfaction of the sanctions imposed in the Courts May 18, 2015 Minute Order (Docket No. 360), Plaintiffs shall pay the Archstone Defendants $6,737.50, on or before October 2, 2015. (nmarb, )
July 23, 2015 Opinion or Order Filing 393 MINUTE ORDER denying 391 Plaintiffs' Motion for Leave to File an Amendment by Interlineation to Add a Plaintiff as an Additional Class Representative, by Magistrate Judge Michael J. Watanabe on 7/23/2015.(emill)
July 14, 2015 Opinion or Order Filing 388 MINUTE ORDER : Denying as moot 379 Plaintiffs' Motion for Clarification. Denying 381 The Archstone Defendants' Motion to Compel Discovery or, in the Alternative, to Clarify Order. Scheduling Order 335 is amended. Discovery deadline is extended to 7/24/2015 for the limited purposes set forth in the order. Discovery due by 7/24/2015. Defendants are directed to file billing records as set forth in the order. Plaintiffs shall file in the U.S. District Court for the Northern District of Illinois case a copy of this order and provide proof of filing at 7/15/2015 Status Conference. By Magistrate Judge Michael J. Watanabe on 7/14/2015.(emill)
June 23, 2015 Opinion or Order Filing 378 MINUTE ORDER granting 356 Plaintiffs' Motion to Compel KPMG to Comply with Subpoena, by Magistrate Judge Michael J. Watanabe on 6/23/2015.(emill)
June 9, 2015 Opinion or Order Filing 373 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 6/9/2015. Granting 365 The Archstone Defendants' Motion to Amend the Class Certification Scheduling Orders. Scheduling Order 335 is amended. Status Conference set for 7/15/2015 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)
May 18, 2015 Opinion or Order Filing 360 MINUTE ORDER granting 353 Defendants' Motion to Compel the Production of Documents and Discovery Responses. By Magistrate Judge Michael J. Watanabe on 5/18/2015. (alowe)
May 6, 2015 Opinion or Order Filing 352 MINUTE ORDER granting 350 Plaintiffs' Motion Regarding the Expert Report and Damages Computation Dates, as set forth in the order, by Magistrate Judge Michael J. Watanabe on 5/6/2015.(emill)
April 6, 2015 Opinion or Order Filing 344 MINUTE ORDER granting 342 Attorney K. Allison White's Motion to Withdraw as Attorney of Record. K. Allison White is withdrawn, by Magistrate Judge Michael J. Watanabe on 4/6/2015.(emill)
November 20, 2014 Opinion or Order Filing 325 MINUTE ORDER denying 321 Defendants Motion to Modify the Courts October 17,2014 315 Minute Order. by Magistrate Judge Michael J. Watanabe on 11/19/2014.(evana, )
October 14, 2014 Opinion or Order Filing 312 ORDER granting in part and denying in part 288 Defendants Motion to Dismiss. The Motion to Dismiss is GRANTED as to Claims One and Two, and such claims are DISMISSED WITHOUT PREJUDICE based on lack of standing; The Motion to Dismiss is DENIED A S MOOT with respect to Claims Ten, Eleven, and Twelve based on Plaintiffs voluntary dismissal of such claims; The Motion to Dismiss is DENIED as to Claims Three, Four, Five, Six, Seven and Eight, and such claims remain pending in this action; and Within two business days of this Order, the parties shall contact Magistrate Judge Michael J. Watanabes Chambers to discuss the next procedural step in this case, including whether a lift of the stay is appropriate, by Judge William J. Martinez on 10/14/2014.(evana, )
July 21, 2014 Opinion or Order Filing 311 ORDER denying 302 Plaintiffs Motion to Vacate Confirmation of the Arbitration Award Based on Newly Discovered Evidence, by Judge William J. Martinez on 7/21/2014.(evana, )
April 8, 2014 Opinion or Order Filing 304 ORDER granting 300 Plaintiffs Unopposed Motion to Voluntarily Dismiss Without Prejudice Causes of Action X, XI, and XII of the Second Amended Complaint pursuant to Fed. R. Civ. P. 15(a). Each party shall pay his or its own attorneys fees and costs, by Judge William J. Martinez on 4/8/2014.(evana, )
February 7, 2014 Opinion or Order Filing 272 ORDER denying 251 Plaintiff's Motion to Set Aside Protective Order Entered in Arbitration 249 Restricted Document - Level 1; and 2. That each party shall pay their own attorney fees and costs for this motion, by Magistrate Judge Michael J. Watanabe on 2/7/2014.(evana, )
February 4, 2014 Opinion or Order Filing 270 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing /Status Conference held on 2/4/2014.Taking under advisement 251 Plaintiffs' Motion to Set Aside Protective Order Entered in Arbitration. Denying Plaintiffs' Oral Motion to Lift Stay. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd)
December 12, 2013 Opinion or Order Filing 258 ORDER denying 240 Plaintiffs' Motion for Limited Relief from May 9, 2013 Order, as set forth in the Order. Each party shall pay their own attorney fees and costs for this motion. by Magistrate Judge Michael J. Watanabe on 12/12/2013.(mjwcd)
December 2, 2013 Opinion or Order Filing 256 MINUTE ORDER granting 247 plaintiffs Motion Pursuant to D.C.COLO.LCivR 7.2(d). The court finds that the subject motion meets to requirements as outlined in D.C.COLO.LCivR 7.2. Accordingly, the Clerk is directed to place Docket Nos. 249 and 250 under Level 1 restriction, by Magistrate Judge Michael J. Watanabe on 12/2/2013.(ervsl, )
November 8, 2013 Opinion or Order Filing 243 ORDER granting 184 Archstones Motion to Confirm Arbitration Final Award in Archstones Favor; The Arbitration Award issued by Arbitrator Bruce W. Kaufman is CONFIRMED; At the time of entry of judgment in this case, judgment shall enter in favor Archstone on Plaintiffs claims for breach of contract under Section 2 of the TPA; The Arbitration Award has no issue or claim preclusive effect with respect to whether Section 9.2B was breached; and In accordance with Magistrate Judge Michael J. Watanabes May 9, 2013 Order Regarding Scheduling Procedure ECF No. 217 , Plaintiffs shall file any Motion to Amend the Complaint within fifteen days of this Order, and shall otherwise promptly and timely comply with all other deadlines set forth in the referenced Order of Judge Watanabe, by Judge William J. Martinez on 11/8/2013.(ervsl, )
June 17, 2013 Opinion or Order Filing 235 MINUTE ORDER granting 230 the Unopposed Motion to Restrict Access to ExhibitD to Defendant Archstones Reply Memorandum of Law, by Magistrate Judge Michael J. Watanabe on 6/17/2013.(ervsl, )
June 14, 2013 Opinion or Order Filing 234 ORDER granting in part and denying in part 222 Plaintiffs' Motion Pursuant to D.C.COLO.LCivR 7.2(d), as set forth in the order, by Magistrate Judge Michael J. Watanabe on 6/14/2013.(mjwcd)
May 9, 2013 Opinion or Order Filing 217 ORDER REGARDING SCHEDULING PROCEDURE AND PLAINTIFF'S MOTION PURSUANT TO D.C.COLO.CIVR 7.2. Denying 204 Plaintiffs' Motion Pursuant to D.C.COLO.CivR 7.2, by Magistrate Judge Michael J. Watanabe on 5/9/2013.(mjwcd)
May 8, 2013 Opinion or Order Filing 216 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 5/8/2013. Taking under advisement 204 Plaintiffs' Motion Pursuant to D.C.COLO.LCivR 7.2. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd)
April 2, 2013 Opinion or Order Filing 188 ORDER Defendant Archstones Motion to Reopen Case for Good Cause to Confirm Arbitration Award ECF No. 183 is DENIED; Plaintiffs Motion to Reopen Case for Good Cause ECF No. 180 is GRANTED; The Clerk shall reopen this action and the parties sha ll contact Magistrate Judge Michael J. Watanabe to set up whatever scheduling or status conference the Judge deems necessary to assist with moving this case forward; Plaintiffs prior Motion to Reopen Case for Good Cause and for Expedited Hearing ECF No. 174 is DENIED as MOOT; Plaintiffs Motion for Ruling on Request for Judicial Intervention ECF No. 175 is DENIED as MOOT; and Plaintiffs Motion for Reconsideration ECF No. 177 is DENIED AS MOOT, by Judge William J. Martinez on 4/2/2013.(ervsl, )
February 15, 2013 Opinion or Order Filing 176 ORDER Plaintiffs Motion for Expedited Hearing ECF No. 174 is DENIED. The Motion to Reopen ECF No. 174 remains pending and will be considered by the Court in due course after it is fully briefed pursuant to the briefing schedule outlined in Local Rule 7.1(C), by Judge William J. Martinez on 2/15/2013. (ervsl, )
October 2, 2012 Opinion or Order Filing 173 ORDER GRANTING 164 Plaintiffs Motion to Reopen Case for Good Cause; This case is REOPENED for the limited purpose of ruling on Plaintiffs Motion for a Declaratory Order; DENYING 166 Plaintiffs Motion for a Declaratory Order Preventing Releas e of Class MembersClaims; and This action is ADMINISTRATIVELY CLOSED pursuant to D.C.COLO.LCivR 41.2. The parties are granted leave to move to reopen the case upon a showing of good cause once arbitration is complete, by Judge William J. Martinez on 10/2/2012.(ervsl, )
May 18, 2011 Opinion or Order Filing 159 ORDER ADMINISTRATIVELY CLOSING CASE pursuant to D.C.COLO.LCivR 41.2 and Denying as moot 147 Plaintiff's Motion for Court Appointed Arbitraitor. by Judge William J. Martinez on 5/18/2011. (erv, )
April 18, 2011 Opinion or Order Filing 155 ORDER that the parties confer and file, on or before May 9, 2011, a Joint Status Report, apprising the Court of their efforts to jointly retain an arbitrator. If at that time the parties have not retained an arbitrator, the Court will rule on Plaintiffs Motion for Court Appointed Arbitrator. Joint Status Report due by 5/9/2011. by Judge William J. Martinez on 4/18/2011. (erv, )
April 1, 2011 Opinion or Order Filing 150 ORDER granting 120 Plaintiffs Motion for Leave to File an Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 15(A) and Supporting Memorandum of Law by Judge William J. Martinez on 4/1/2011.(erv, )
March 9, 2011 Opinion or Order Filing 142 MINUTE ORDER granting 137 Defendant's Motion to Vacate Hearing. Motions Hearing set 3/10/2011 01:30 PM is vacated, by Magistrate Judge Michael J. Watanabe on 3/9/2011.(mjwcd)
February 14, 2011 Opinion or Order Filing 133 ORDER THIS MATTER comes before the Court on reassignment to Judge William J. Martnez. The parties are directed to confer and to file, on or before February 23, 2011, a Joint Status Report, not to exceed 4 pages in length, exclusive of signature blocks. Status Report due by 2/23/2011. by Judge William J. Martinez on 2/14/2011. (erv, )
September 16, 2010 Opinion or Order Filing 122 MINUTE ORDER. The Plaintiffs Motion To Reopen Case For Good Cause 119 filed 09/15/2010. The motion is GRANTED for the sole purpose to consider the motion to amend the class action complaint. By Judge Robert E. Blackburn on 09/16/2010.(sah, )
May 12, 2010 Opinion or Order Filing 114 ORDER granting 104 Plaintiff's Motion to Reopen Case for good cause; denying 105 Motion for for Relief from a Judgment or Order Pursuant toFed.R.Civ.P. 60(b)(6) ; granting in part and denying in part 109 Motion to Compel Defendants To Proc eed with Arbitration or, in the Alternative, for the Court To Declare the Arbitration Clause Unenforceable; granting 113 Plaintiff's Motion for Partial Withdrawal of Their March 19, 2010 Motion to Compel Defendants To Proceed with Arbitration or, in the Alternative, for the Court To Declare the Arbitration Clause Unenforceable. That pursuant to D.C.COLO.LCivR 41.2, this case is again ADMINISTRATIVELY CLOSED. by Judge Robert E. Blackburn on 5/12/2010.(erv, )
October 20, 2009 Opinion or Order Filing 103 ORDER denying 102 Plaintiffs Motion for Reconsideration Pursuant to Fed.R.Civ.P. 59(e). By Judge Robert E. Blackburn on 10/20/2009.(sah, )
September 28, 2009 Opinion or Order Filing 101 ORDER. Plaintiffs Motion To Reopen Case for Good Cause 77 , filed 10/16/2008, is GRANTED. Plaintiffs Motion for Relief Pursuant to Fed.R.Civ.P. 60(b) 78 , filed 10/16/2008, is GRANTED IN PART and DENIED IN PART. Plaintiffs Motion for Leave To File Amended Complaint Pursuant to Fed.R.Civ.P. 15(a) and Memorandum of Law in Support 87 filed 12/12/2008, is GRANTED but that the tendered amended complaint is not accepted for filing. Plaintiffs Motion for Leave To File Corrected Reply Brief in Furth er Support of Motion for Leave To File Amended Complaint Pursuant to Fed.R.Civ.P. 15(a) and Certification Pursuant to D.C.COLO.LCivR 7.1 A 98 filed 02/24/2009, is GRANTED. Plaintiffs Motion To Supplement Record in Further Support of Motion for Lea ve To File Amended Complaint Pursuant to Fed.R.Civ.P. 15(a) and Certification Pursuant to D.C.COLO. LCivR 7.1 A 99 filed 04/20/2009, is GRANTED. This case is STAYED pending arbitration of the arbitrable claims. Pursuant to D.C.COLO.LCivR 41.2, the Clerk of the Court is DIRECTED to administratively close this case, subject to reopening for good cause. By Judge Robert E. Blackburn on 09/28/2009.(sah, )
February 5, 2009 Opinion or Order Filing 95 MINUTE ORDER granting 94 Plaintiffs Unopposed Motion for Leave to File Reply Brief in Excess of the Courts Page Limitations in Further Support of Motion For Leave to File Amended Complaint Pursuant to Fed.R.Civ.P. 15(A). Plaintiffs reply brief shall not exceed twenty (20) pages in length by Judge Robert E. Blackburn on 02/05/2009.(sah, )
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Colorado District Court's Electronic Court Filings (ECF) System

Search for this case: Stender et al v. Archstone-Smith Operating Trust
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?