Security Service Federal Credit Union v. First American Mortgage Funding, LLC et al
| Security Service Federal Credit Union |
| First American Mortgage Funding, LLC, Construction Disbursement Services, Inc., Kenneth E. North, Paradise View Rancho Mirage, LLC, Gilger Homes, LLC, Kirk Gilger, New Century Builders, Inc., Sundance Mortgage, LLC, Artisan Group, LLC, The, Ehline Co. and Richard Ehline |
| 1:2008cv00955 |
| May 7, 2008 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| Zita L. Weinshienk |
| Craig B Shaffer |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1961 Racketeering (RICO) Act |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
1277
MINUTE ORDER The Unopposed Joint Motion to Continue Trial Date filed April 26, 2016 ECF No. 1276 is GRANTED. The 15 day jury trial set to commence on Monday, June 6, 2016, and the Final Trial Preparation Conference set on May 13, 2016, at 1:30 p.m. are VACATED. The 15 day jury trial is RESET to commence on Monday, December 5, 2016 at 9:00 a.m. The Final Trial Preparation Conference is RESET to Thursday, November 3, 2016, at 1:30 p.m. In light of th e continuance of trial, the motions in limine filed in this case ECF Nos. 1250 through 1264 are DENIED WITHOUT PREJUDICE. A status conference is set for Wednesday, September 14, 2016, at 11:00 a.m. A joint status report shall be filed by Friday, September 2, 2016,by Judge Wiley Y. Daniel(evana, )
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Filing
1236
ORDER Denying 1161 Defendant First American Mortgage Funding, LLC, First American Mortgage, Inc., Construction Disbursement Services, Inc., Construction Financial Services, LLC, Kevin B. Jordan, William Depuy, Shaun Jordan and Mark Campbells Consolidated Motion for Summary Judgment, by Judge Wiley Y. Daniel on 1/13/2016.(evana, )
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Filing
1211
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Status Conference held on 8/26/2015. Granting 1195 Motion for Protective Order. FTR: Courtroom A-402. (amont, )
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Filing
1200
ORDER, Pursuant to the withdrawal of all counsel from Smith Dollar PC from representation of Plaintiff Security Service Federal Credit Union on or about November 21, 2013 (see Docs. # 648 , # [648-1], # 1119 , and # 1121 ), IT IS ORDERED that attorney Sean Michael Beehler is withdrawn as counsel of record in this civil action. Attorney Sean Michael Beehler terminated, by Magistrate Judge Craig B. Shaffer on 7/28/2015. (evana, )
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Filing
1140
ORDER that the Motion for Further Consideration Re Bill of Costs by Defendant Orange Coast Title Company of Southern California ECF No. 1134 is DENIED as moot, by Judge Wiley Y. Daniel on 1/12/2015.(evana, )
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Filing
1125
Second Amended Final Judgment by Clerk on 02/05/14. (jhawk, )
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Filing
1124
ORDER. ORDERED that the Joint Motion To Grant Costs And Amend Judgment PursuantTo F.R.C.P. 54(d) 1080 is GRANTED. ORDERED that Laywers Title Company's Motion To Request Hearing On Bill Of Costs 1098 is DENIED by Judge Wiley Y. Daniel on 02/04/14.(jhawk, )
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Filing
1115
MINUTE ORDER denying as moot 1104 Motion to Strike by Judge Wiley Y. Daniel on 06/03/13.(jjhsl, )
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Filing
1069
FINAL JUDGMENT. ORDERED that Security Service Federal Credit Union's claims are DISMISSED WITH PREJUDICE. ORDERED that this case is dismissed in its entirety by Clerk on 03/29/13. (jjhsl, )
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Filing
1067
ORDER. ORDERED that Orange Coast Title Company of Southern California and Stewart Title of California's Motions To Dismiss [774 & 778] are DENIED AS MOOT. ORDERED that Orange Coast Title Company of Southern California and Lawyers Title's Motion For Judgment On The Pleadings [ECF No. 904] is DENIED AS MOOT. ORDERED that Orange Coast Title Company of Southern California, Lawyers Title Company, the FAM Defendants, and Stewart Title of California's Motions For Summary Judgment [8 89, 914, 919, & 939] are GRANTED to the extent they argue that Security Service Federal Credit Union is not the proper plaintiff in this action. Security Service Federal Credit Union's claims are DISMISSED WITH PREJUDICE. ORDERED that Securit y Service Federal Credit Union's Motion For Partial Summary Judgment On The First And Twelfth Claims For Relief 913 is DENIED AS MOOT. ORDERED that Security Service Federal Credit Union's Motion For Leave To File More Than A Single Motion For Summary Judgment 900 is DENIED AS MOOT. ORDERED that the Pro Se Defendants' Motion For Sanctions And Attorney's Fees 920 is DENIED by Judge Wiley Y. Daniel on 03/20/13.(jjhsl, )
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Filing
1010
MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 12/13/2012. The court GRANTS 1000 Motion to Vacate. The court shall VACATE the Final Pretrial Conference set for January 15, 2013 at 9:15 a.m. Within 72 hours of a ruling on all the pending motions, the parties are instructed to contact Magistrate Judge Shaffer's chambers (303.844.2117) if some or all of this case will still be moving forward. The purpose of this conference call shall be to set a new date for the Final Pretrial Conference and submission date for the proposed Final Pretrial Order. FTR: Robin Mason. (cbscd, )
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Filing
961
ORDER Denying 742 Security Service Federal Credit Unions motion for reconsideration, by Chief Judge Wiley Y. Daniel on 10/31/2012.(ervsl, )
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Filing
952
MINUTE ORDER granting 948 Motion. ORDERED that plaintiff shall respond to Defendant Stewart Title of California's Motion For Summary Judgment 939 on or before, November 12, 2012. ORDERED that plaintiff shall respond to Defendant Lawyer&# 039;s Title Company's Motion For Summary Judgment Against Security Service Federal Credit Union 911 on or before Monday, November 26, 2012. Consolidated Motion For Summary Judgment Pursuant to Federal Rule Of Civil Procedure Rule 56 919 on or before Monday, December 3, 2012. Consolidated Motion For Sanctions And Attorney's Fees 920 on or before Wednesday, December 12, 2012 by Chief Judge Wiley Y. Daniel on 10/22/10.(jjhsl, )
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Filing
938
MINUTE ORDER ORDERED that Stewart Title's motions for summary judgment [ECF Nos. 906-910] are STRICKEN from the record, with leave to re-file one motion for summary judgment by Chief Judge Wiley Y. Daniel on 10/11/12.(jjhsl, )
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Filing
850
MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 7/30/2012. The court DENIES without prejudice 838 Motion to Vacate. FTR: Robin Mason. (cbscd, )
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Filing
832
MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Status Conference held on 7/9/2012. The court GRANTS 776 Motion to Compel. The court GRANTS 806 Motion to Compel. Disclosures shall be made by July 13, 2012. FTR: Robin Mason. (cbscd, )
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Filing
823
MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 6/28/2012. The court HOLDS IN ABEYANCE 776 Motion to Compel. The court HOLDS IN ABEYANCE 806 Motion to Compel. A Final Pretrial Conference is set for September 17, 2012 at 1:30 p.m. In accordance with D.C.COLO. ECF. PROC. 5.12, the parties shall file a proposed final pretrial order and also email an editable version to shaffer_Chambers@cod.uscourts.gov no later than seven (7) days pri or to theconference ( Proposed Pretrial Order due by 9/10/2012). A telephonic Status Conference is set for July 9, 2012 at 9:00 a.m. at which time the court shall address the parties regarding the submitted documents. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. FTR: Robin Mason. (cbscd, )
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Filing
752
MINUTE ORDER denying as moot 739 Motion for Reconsideration by Chief Judge Wiley Y. Daniel on 04/12/12.(jjhsl, )
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Filing
746
SECOND AMENDED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 4/5/12. (cbssec)
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Filing
731
ORDER. ORDERED that Defendant Orange Coast Title Company of Southern California's Motion for Hearing/Conference re Choice of Law is granted in part and denied in part 690 . ORDERED that Defendant Stewart Title of California, Inc.'s (STC) M otion for Determination of Applicable Law is granted in part and denied in part 691 . ORDERED that Defendant Lawyers Title Companys (LTC) Motion for Determination of Law on Choice of Law Motion for Order is granted in part and denied in part 692 by Chief Judge Wiley Y. Daniel on 03/21/12.(jjhsl, )
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Filing
725
ORDER. Order granting 723 Motion to Amend or Correct the Court's Order, 721 . The court will no longer entertain letters e-mailed to chambers. All relief sought from the court must be presented in the form of a motion served on all parties or their counsel by Magistrate Judge Craig B. Shaffer on 11/21/11.(jjh, )
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Filing
720
ORDER of Dismissal With Prejudice. ORDERED that the Stipulation of Dismissal with Prejudice as to Defendant North American Title Company of Colorado, 719 , is APPROVED and Defendant NATCO is DISMISSED WITH PREJUDICE from this action, each party to bear its own attorney fees and costs. ORDERED that the clerk of the court shall amend the case caption to reflect the dismissal of Defendant NATCO from this matter by Chief Judge Wiley Y. Daniel on 11/09/11. (jjh, )
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Filing
718
MINUTE ORDER. Defendant Shaun Jordans Motion to Withdraw Defendant Shaun Jordans Motion to Dismiss Pursuant to FRCP 9(b) and 12(b)(6), 717 , is GRANTED. Defendant Shaun Jordans Motion to Dismiss Pursuant to FRCP 9(b) and 12 (b)(6), 711 , is WITHDRAWN by Chief Judge Wiley Y. Daniel on 11/03/11.(jjh, )
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Filing
686
ORDER granting in part and denying in part 684 Plaintiff Security Service Federal Credit Unions Unopposed Motion for Leave to File Fourth Amended Complaint and Amend Scheduling Order; The Motion for Leave to File the Fourth Amended Complaint is gra nted. The tendered Fourth Amended Complaint 684 at pp. 15-86 of 86, is accepted for filing as of the date of this Order; Denying without prejudice as moot 493 Defendant Construction Financial Services, LLCs Motion to Dismiss Plaintiffs First, Thi rd, and Seventh Claims for Relief as to Construction Financial Services, LLC Motion to Dismiss; finding without prejudice as moot 533 Motion to Dismiss; Denying without prejudice as moot 633 Defendant Stewart Title of Californias Motion for Deter mination of Applicable Law Motion for Judgment as a Matter of Law; Denying without prejudice as moot 670 Defendant and Third Party Defendant Orange Coast Title Company of Southern Californias Motion to Dismiss in Response to Third Amended Complaint Motion to Dismiss; by Magistrate Judge Craig B. Shaffer on 7/18/2011.(erv, )
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Filing
681
Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 6/24/2011 withdrawing 438 Motion to Dismiss; Telephonic Status Conference set for 7/6/2011 at 04:30 PM before Magistrate Judge Craig B. Shaffer; all further proceedings STAYED by Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
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Filing
621
MINUTE ORDER. Order granting 601 Motion to Withdraw. Order withdrawing 531 Motion to Dismiss by Magistrate Judge Craig B. Shaffer on 04/22/11.(jjh, )
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Filing
604
ORDER. All claims alleged by Plaintiff against First American Title Insurance Company are dismissed with prejudice re: 600 by Chief Judge Wiley Y. Daniel on 04/01/11. (jjh, )
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Filing
597
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 3/15/2011. ORDERED: The Joint Motion to Amend Scheduling Order as to the Expert Witness Deadlines Only, doc # 590 , is GRANTED . The Scheduling Order, doc # 439 , is amended to extend the deadline to designate experts to JUNE 1, 2011, and the deadline for rebuttal experts to JUNE 15, 2011. THE COURT WILL NOT MOVE THE DISPOSITIVE MOTION DEADLINE AND WILL NOT MOVE THE DATE O F THE FINAL PRETRIAL CONFERENCE. The Supplement to Joint Motion to Amend Scheduling Order as to the Expert Witness Deadlines Only, doc # 592 is GRANTED. Stewart Title of California's Motion for Setting of Mandatory Settlement Conference With M agistrate Judge Shaffer, doc # 595 is DENIED WITHOUT PREJUDICE. The parties shall submit Updated Confidential Settlement Statements on or before MAY 2, 2011. Counsel are required to create a master list of all depositions that are currently schedu led by 8:00 a.m. on MARCH 16, 2011. Counsel are required to send a copy of the master list to all parties by NOON on MARCH 18, 2011. A Telephonic Status Conference is set for 3/18/2011 at 01:00 PM before Magistrate Judge Craig B. Shaffer. (Counsel shall coordinate a conference call among themselves prior to contacting the court at 303.844.2117 at the scheduled time.) By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
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Filing
586
Minute ORDER granting 581 Motion for Leave to File Sur-Reply. The Sur-Reply attached as Exhibit A to the Motion is deemed filed by Chief Judge Wiley Y. Daniel on 03/01/11.(jjh, )
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Filing
579
ORDER. Order that Defendants Gerald and Sharon Carleo's Motion to Dismiss is Denied 352 by Chief Judge Wiley Y. Daniel on 02/17/1.(jjh, )
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Filing
569
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 2/1/2011. ORDERED: Motion to Withdraw as Counsel of Record, doc # 548 is GRANTED. Martin A. Bloom and Briana K. Wiederspahn are terminated as counsel for First American Mortgage Funding,LLC, First American Mortgage, Inc., Kevin B. Jordan, Mark Campbell, Construction Disbursement Services, Inc., and Construction Financial Services, LLC. Motion to Withdraw as Counsel of Rec ord Without Substitution, doc # 551 is GRANTED. Timothy J. Vanagas is terminated as counsel of record for Robin Freestone, Margaret Freestone, Charles Hess, Louis Sassali, Deborah Sassali, and Sharlene Bentley. The Amended Motion to Withdraw as Co unsel, doc # 564 is GRANTED. Julie Trent and Stevin Mulligan are terminated as counsel for Jeffrey Jordan, Shaun Jordan, and William DePuy. Pro se parties are required to provide phone numbers and home addresses. Terminated counsel shall provide files to former clients. A Show Cause Hearing is set for 2/28/2011 11:30 AM (Mountain Time) before Magistrate Judge Craig B. Shaffer. (Out of town counsel may appear via telephone by coordinating a conference call among themselves prior to contacting the court at 303.844.2117 at the scheduled time.) By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
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Filing
526
ORDER granting 496 Plaintiff's Motion to Strike. Striking 466 First American Title Insurance Company's joinder; Striking 485 North American Title's joinder; Striking 489 Stewart Title's joinder; Striking 480 First American Title Insurance Company's reply, by Chief Judge Wiley Y. Daniel on 12/22/10.(mnf, )
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Filing
468
COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Status Conference was held on 10/28/2010. ORDERED: Counsel shall finalize a master list of depositions no later than 5:00 p.m. on 11/5/2010. Motion to Amend Scheduling Order, doc # 462 is GRANTED. Discovery due by 5/16/2011. Dispositive Motions due by 6/1/2011. Affirmative Expert Reports due 4/1/2011. Rebuttal Expert Reports due 4/15/2011. Written discovery due 3/15/2011. POST RECESS ORDER: The Final Pretrial Conference currently set for 5/25/2011 is VACATED AND RESET FOR 7/25/2011 at 09:00 AM before Magistrate Judge Craig B. Shaffer. A Proposed Final Pretrial Order is due 7 days prior. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
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Filing
390
COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Scheduling Conference was held 7/12/2010. ORDERED: FAM Funding's and Stewart Title's Stipulated Motion for Extension of Time # 383 is GRANTE D; FAM Funding's and Borrower Defendants' Stipulated Motion for Extension of Time # 384 is GRANTED; FAM Funding's Unopposed Motion for Extension of Time # 386 is GRANTED; FAM Funding's Motion for Extension of Time # 387 is GRAN TED; Plaintiff's Motion to File Third Amended Complaint # 375 is DENIED WITHOUT PREJUDICE; Motion for Protective Order by Third-Party Plaintiff First American Mortgage Funding and Defendant First American Mortgage # 388 is GRANTED IN PART AND DENIED IN PART; A Further Scheduling Conference is set for 9/17/2010 at 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer; An Amended Proposed Scheduling Order is due by 9/13/2010; Counsel of record are REQUIRED TO MEET IN PERSON f or a Rule 26(f) Conference no later than 9/1/2010; Mr. Timothy Vanagas, Mr. Gerald Carleo, and Ms. Sharon Carleo are REQUIRED TO PARTICIPATE in the Rule 26(f) Conference, however they may appear via telephone. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
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Filing
323
ORDER denying 125 Defendants, First American Mortgage Funding, LLC, First American Mortgage, Inc., Kevin B. Jordan, William Depuy, Jeffrey Jordan, Shaun Jordan, Mark Campbell, and Construction Disbursement Services, Inc., Motion Motion to Dismiss P laintiffs Third, Fourth, Fifth, Sixth, and Eleventh Claims for Relief and Plaintiffs Seventh Claim for Relief as to First American Mortgage Funding, LLC filed April 20, 2009 [d/e 125], which was converted to a motion for summary judgement by an Order dated May 20, 2009, is hereby DENIED pursuant to FED. R. CIV. P. 56(f) with leave to re-file after the completion of discovery. by Chief Judge Wiley Y. Daniel on 3/31/2010.(erv, )
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Filing
322
ORDER granting 178 Third-Party Defendants John Laing and Susan Laings Motion to Dismiss and the Third-Party complaint is DISMISSED with leave to re-file. by Chief Judge Wiley Y. Daniel on 3/30/2010.(erv, )
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Filing
318
ORDER that Third-Party Defendant Shiloh Griffiths Motion to Dismiss for Lack of Personal Jurisdiction filed June 23, 2009 156 , and Third-Party Defendant Erwin Schmerlings Motion to Dismiss for Lack of Personal Jurisdiction filed August 4, 2009 [205 ], are GRANTED and the Complaint is hereby DISMISSED as to these Defendants for lack of personal jurisdiction. Third-Party Defendant Erwin Schmerlings Motion for Summary Judgment filed August 4, 2009 206 , Motion to dismiss for Failure to Plead Fraud with Particularity filed August 4, 2009 207 and Motion to Sever and Stay Third-Party Claims filed August 4, 2009 208 are DENIED AS MOOT. by Chief Judge Wiley Y. Daniel on 3/29/2010.(erv, )
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Filing
312
MINUTE ORDER granting 310 Motion of David A. Zisser to Withdraw as Counsel for Orange Coast Title Company of the Inland Empire. Attorney David A. Zisser is relieved of any further representation of Third-Party Defendant Orange Coast Title Company in this case, by Magistrate Judge Craig B. Shaffer on 11/24/09.(ebs, )
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Filing
264
ORDER granting 93 Plaintiff Security Service Federal Credit Union's Motion to Dismiss First American Mortgage Funding, LLC, Construction Disbursement Services, Inc. and Kevin B. Jordan's Malicious Prosecution and Fraud Counterclaims. FAM defendants' First Counterclaim for malicious prosecution is dismissed without prejuidice and the Third Counterclaims for fraudulent concealment and Fourth Counterclaim for fraudulent misrepresentation are dismissed with prejudice, by Chief Judge Wiley Y. Daniel on 9/28/09.(gmssl, )
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Filing
202
MINUTE ORDER STRIKING 184 Third-Party Defendant Erwin Schmerlings Combined Motion to Dismiss for Lack of Personal Jurisdiction, for Failure to State a Claim upon Which Relief Can Be Granted and for Failure to Plead Fraud with Particularity or, in the Alternative, to Sever and Stay Third-Party Claims; In light of the foregoing, the exhibits to the Motion 185 thru 196 , filed July 27, 2009, are STRICKEN with leave to refile not later than Tuesday, August 4, 2009. granting [199 ] Motion to Seal The exhibits to the Motion 185 thru 196 , filed July 27, 2009, are hereby sealed until further order of theCourt. by Chief Judge Wiley Y. Daniel on 7/28/09.(erv, ) (Modified on 8/3/2009 added the word Minute to the title of the text)(erv, ).
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Filing
141
ORDER re: 125 Defendants, First American Mortgage Funding, LLC, First American Mortgage, Inc., Kevin B. Jordan, William DePuy, Jeffrey Jordan, Shaun Jordan, Mark Campbell, and Construction Disbursement Services, Inc., Motion to Dismiss Plaintiffs T hird, Fourth, Fifth, Sixth, and Eleventh Claims for Relief and Plaintiffs Seventh Claim for Relief as to First American Mortgage, LLC, is CONVERTED to a MOTION for Summary Judgment. It is FURTHER ORDERED that Defendants shall file their reply not later than Monday, June 8, 2009, and they may attach to their reply additional materials for the Court to consider in connection with the motion for summary judgment. by Chief Judge Wiley Y. Daniel on 5/20/09. (erv, )
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Filing
135
ORDER Scheduling Conference set for 7/8/2009 09:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. by Magistrate Judge Craig B. Shaffer on 4/28/09. (erv, )
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Filing
122
ORDER denying without prejudice 43 Defendants Gilger Homes, LLC and Kirk Gilgers Motion for Summary Judgment by Chief Judge Wiley Y. Daniel on 4/16/09.(erv, )
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Filing
106
ORDER Denying as moot Without Prejudice 15 Defendants First American Mortgage Funding, LLC, Construction Disbursement Systems, Inc., and Kevin B. Jordan's Motion to Dismiss Plaintiffs Third, Fourth, Fifth, Sixth and Eleventh Claims for Relief, and Seventh Claim for Relief as to First American Mortgage Funding, LLC by Chief Judge Wiley Y. Daniel on 3/18/09.(erv, )
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Filing
97
MINUTE ORDER granting 95 the parties stipulated Motion to Vacate the Scheduling Order and Deadlines. The Scheduling Order, entered on October 7, 2008 46 and all accompanying deadlines and hearings are VACATED. IT IS FURTHER ORDERED that the status conference remains set for April 28, 2009 at 10:00 a.m. in Courtroom A-402, Fourth Floor, of the Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. by Magistrate Judge Craig B Shaffer on 2/19/09.(erv, )
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Filing
81
MINUTE ORDER granting 78 Motion for Leave to Amend FirstAmended Complaint; granting 79 Motion for Leave to File Third PartyComplaint, Cross Claims, and Counterclaims by Magistrate Judge Craig B Shaffer on 1/20/09.(erv, )
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