Ivar et al v. Elk River Partners, LLC et al
Plaintiff: Alan C. Ivar, Deborah L. Ivar and Clifford A. Bernstein
Defendant: Elk River Partners, LLC, DMB Realty LLC a Delaware limited liability company doing business as Marabou Realty, Jeffrey Temple, John Hillenbrand and Marshall & Ilsley Bank
Interested Party: Land Title Guarantee Company
Case Number: 1:2009cv00453
Filed: March 4, 2009
Court: US District Court for the District of Colorado
Office: Racketeer/Corrupt Organization Office
County: XX US, Outside State
Presiding Judge: Christine M Arguello
Referring Judge: Craig B Shaffer
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. ยง 1961 Racketeering (RICO) Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 22, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2010 Opinion or Order Filing 152 ORDER that this matter, including all claims and counterclaims asserted therein, be DISMISSED WITH PREJUDICE, each party to pay his, her or its own attorneys fees and costs. by Judge Christine M. Arguello on 10/22/2010.(erv, )
October 19, 2010 Filing 151 MOTION to Dismiss Stipulated Motion for Dismissal with Prejudice by Defendants DMB Realty LLC, John Hillenbrand. (Attachments: #1 Proposed Order (PDF Only))(Sixkiller, Laura)
October 18, 2010 Opinion or Order Filing 150 MINUTE ORDER extending the deadline for parties to file Dismissal Paperwork to on or before 10/22/2010, pursuant to electronic representations made by counsel that parties are cooperatively working together to finalize the settlement and need additional time, by Magistrate Judge Craig B. Shaffer on 10/18/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
September 20, 2010 Opinion or Order Filing 148 ORDER granting #147 Motion to Withdraw #66 MOTION for Summary Judgment by Judge Christine M. Arguello on 09/20/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
September 17, 2010 Opinion or Order Filing 149 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Status Conference was held on 9/17/2010. ORDERED: The parties will EXECUTE appropriate settlement documents on or before 9/24/2010. Dismissal Paper due by 10/15/2010. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
September 17, 2010 Filing 147 MOTION to Withdraw #66 MOTION for Summary Judgment by Counter Claimant Marshall & Ilsley Bank, Defendant Marshall & Ilsley Bank. (VonderHaar, Jon)
September 16, 2010 Opinion or Order Filing 146 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Status Conference was held on 9/16/2010. ORDERED: A Telephonic Status Conference is set for 9/17/2010 at 11:30 AM (Mountain Time) 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. (Court Reporter FTR - Linda Kahoe) (cbscd)
September 14, 2010 Opinion or Order Filing 145 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Status Conference was held on 9/14/2010. ORDERED: A Telephonic Status Conference is set for 9/16/2010 at 11:30 AM (Denver Time) 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. (Court Reporter FTR - Linda Kahoe) (cbscd)
September 13, 2010 Opinion or Order Filing 144 MINUTE ORDER resetting the start time for the Telephonic Status Conference on 9/14/2010. ORDERED that counsel shall contact the court at 2:00 PM, by Magistrate Judge Craig B. Shaffer on 9/13/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
September 13, 2010 Opinion or Order Filing 143 MINUTE ORDER sua sponte setting a telephonic hearing to discuss the #66 MOTION for Summary Judgment in light of parties settlement and the 9/22/10 deadline to file dismissal paperwork. ORDERED that a Telephonic Status Conference will take place on 9/14/2010 at 10:00 a.m. before Magistrate Judge Craig B. Shaffer. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. FURTHER ORDERED that the court only needs to speak with parties directly involved with the instant motion, additional counsel are not required to participate, but may do so as desired, by Magistrate Judge Craig B. Shaffer on 9/13/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
September 8, 2010 Opinion or Order Filing 142 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Status Conference was held on 9/8/2010. ORDERED: Briefing on the pending motion is STAYED until SEPTEMBER 22, 2010. If a Stipulated Motion to Dismiss is not filed by SEPTEMBER 22, 2010, counsel shall contact chambers to set a Telephonic Status Conference where the court will set accelerated deadlines for briefing. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
September 7, 2010 Opinion or Order Filing 141 MINUTE ORDER setting a Telephonic Status Conference on 9/8/2010 at 4:00 p.m., pursuant to telephonic communications from counsel that this matter has reached a settlement agreement. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time, by Magistrate Judge Craig B. Shaffer on 9/7/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
July 28, 2010 Opinion or Order Filing 140 MINUTE ORDER re: #139 Order on Motion to Stay - modifying the date of the Final Pretrial Conference to 3/2/2011 at 10:00 a.m. By Magistrate Judge Craig B. Shaffer on 7/28/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
July 28, 2010 Opinion or Order Filing 139 ORDER granting #130 Motion to Stay and resetting pretrial deadlines as follows: Discovery deadline - 12/12/2010, Dispositive Motions due on or before 1/24/2011, Final Pretrial Conference will take place on 3/2/2010 at 10:00 a.m. By Magistrate Judge Craig B. Shaffer on 7/28/10.(cbssec) Modified on 8/3/2010 this is NOT a MINUTE ORDER (jjh, ).
July 16, 2010 Filing 138 SUPPLEMENT/AMENDMENT of #130 Unopposed Motion for Temporary Stay and Extension of Certain Discovery Deadlines filed by Plaintiffs Clifford A. Bernstein, Alan C. Ivar, Deborah L. Ivar, Defendants DMB Realty LLC, Elk River Partners, LLC, John Hillenbrand, Marshall & Ilsley Bank, Jeffrey Temple, Counter Defendants Alan C. Ivar, Deborah L. Ivar, Interested Party Land Title Guarantee Company, Counter Claimant Marshall & Ilsley Bank. (Attachments: #1 Exhibit A, #2 Exhibit B 1 of 2, #3 Exhibit B 2 of 2, #4 Exhibit C 1 of 4, #5 Exhibit C 2 of 4, #6 Exhibit C 3 of 4, #7 Exhibit C 4 of 4, #8 Exhibit D 1 of 2, #9 Exhibit D 2 of 2, #10 Exhibit E)(Sixkiller, Laura) (Modified on 7/19/2010 edited duplicate text)(erv, ).
July 16, 2010 Filing 137 TRANSCRIPT of Telephonic Discovery Conference held on 06/08/2010 before Magistrate Judge Shaffer. Pages: 1-19. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 10/18/2010. (Avery Woods Reporting, )
July 14, 2010 Opinion or Order Filing 136 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Motion Hearing was held on 7/14/2010. ORDERED: Plaintiffs' Unopposed Motion Regarding Extension of Time for Plaintiffs to Oppose M&I Bank's Motion for Summary Judgment #133 is GRANTED IN PART. The remaining M&I Bank depositions must be completed no later than 8/31/2010. Plaintiffs are required to file their Response to M&I's Motion for Summary Judgment no later than 9/10/2010. ORDERED: The parties are required to submit an Addendum to the Unopposed Motion for Temporary Stay #130 by 5:00 p.m. on 7/16/2010. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
July 9, 2010 Opinion or Order Filing 135 MINUTE ORDER setting hearing on #130 MOTION to Stay and #133 Unopposed MOTION for Extension of Time to File Response as to #66 MOTION for Summary Judgment. ORDERED that a Telephonic Motion Hearing will take place on 7/14/2010 at 9:00 a.m. (MST). Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time, by Magistrate Judge Craig B. Shaffer on 7/9/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
July 9, 2010 Filing 134 MEMORANDUM regarding #133 Unopposed MOTION for Extension of Time to File Response/Reply as to #66 MOTION for Summary JudgmentUnopposed MOTION for Extension of Time to File Response/Reply as to #66 MOTION for Summary Judgment filed by Clifford A. Bernstein, Deborah L. Ivar, Alan C. Ivar. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 07/09/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
July 8, 2010 Filing 133 Unopposed MOTION for Extension of Time to File Response/Reply as to #66 MOTION for Summary Judgment by Plaintiffs Clifford A. Bernstein, Alan C. Ivar, Deborah L. Ivar, Counter Defendants Alan C. Ivar, Deborah L. Ivar. (Attachments: #1 Declaration, #2 Proposed Order (PDF Only))(Freedman, Jay)
July 6, 2010 Filing 132 REPLY to Response to #122 Second MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendant Marshall & Ilsley Bank. (Attachments: #1 Appendix of Case Law, #2 Appendix Attachment 1: Fisher v. Halliburton, #3 Appendix Attachment 2: Kakogui v. Am. Brokers Conduit, #4 Appendix Attachment 3: Walchli v. Cmty. Bank)(VonderHaar, Jon)
July 2, 2010 Filing 131 MEMORANDUM regarding #130 MOTION to Stay Unopposed Motion for Temporary Stay and Extension of Certain Discovery Deadlines filed by Jeffrey Temple, Marshall & Ilsley Bank, John Hillenbrand, Elk River Partners, LLC, DMB Realty LLC. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 07/02/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
July 2, 2010 Filing 130 MOTION to Stay Unopposed Motion for Temporary Stay and Extension of Certain Discovery Deadlines by Defendants DMB Realty LLC, Elk River Partners, LLC, John Hillenbrand, Marshall & Ilsley Bank, Jeffrey Temple. (Attachments: #1 Proposed Order (PDF Only))(Sixkiller, Laura)
June 28, 2010 Filing 129 MOTION to Consolidate Cases by Defendants DMB Realty LLC, John Hillenbrand. (Attachments: #1 Proposed Order (PDF Only))(Sixkiller, Laura)
June 24, 2010 Filing 128 REPLY to Response to #118 MOTION to Dismiss Defendants Elk River Partners, LLC, Jeffrey Temple, DMB Realty LLC, and John Hillenbrand's Motion to Dismiss Plaintiffs' R.I.C.O. Claims as Asserted in Plaintiffs' Second Amended Complaint filed by Defendants Elk River Partners, LLC, Jeffrey Temple. (Rastello, Timothy)
June 18, 2010 Filing 127 BRIEF in Opposition to #117 MOTION to Dismiss Plaintiffs' Second Amended Complaint OPPOSITION TO M&I BANKS MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by Plaintiffs Clifford A. Bernstein, Alan C. Ivar, Deborah L. Ivar, Counter Defendants Alan C. Ivar, Deborah L. Ivar. (Freedman, Jay)
June 8, 2010 Opinion or Order Filing 126 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Discovery Hearing was held on 6/8/2010. ORDERED: Defendants may file a Motion to Stay Discovery. Plaintiffs may file a Response to the Motion to Stay Discovery. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
June 7, 2010 Opinion or Order Filing 125 MINUTE ORDER - Due to a conflict arising on the court's calendar, the start time for the 6/8/10 Telephonic Discovery Conference is moved to 10:00 a.m. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time, by Magistrate Judge Craig B. Shaffer on 6/7/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
June 7, 2010 Opinion or Order Filing 124 MINUTE ORDER setting a Telephonic Discovery Conference for 6/8/2010 at 1:30 p.m., pursuant to a telephoinc request of counsel. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time, by Magistrate Judge Craig B. Shaffer on 6/7/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
June 7, 2010 Filing 123 BRIEF in Opposition to #118 MOTION to Dismiss Defendants Elk River Partners, LLC, Jeffrey Temple, DMB Realty LLC, and John Hillenbrand's Motion to Dismiss Plaintiffs' R.I.C.O. Claims as Asserted in Plaintiffs' Second Amended Complaint PLAINTIFFS OPPOSITION TO MOTION TO DISMISS FILED BY ELK RIVER filed by Plaintiffs Clifford A. Bernstein, Alan C. Ivar, Deborah L. Ivar, Counter Defendants Alan C. Ivar, Deborah L. Ivar. (Freedman, Jay)
May 25, 2010 Filing 122 Second MOTION to Dismiss Plaintiffs' #109 Second Amended Complaint by Defendant Marshall & Ilsley Bank. (Attachments: #1 Request for Judicial Notice ("RJN"), #2 Exhibit 1 #3 Exhibit 2, #4 Exhibit 3 , #5 Exhibit 4 , #6 Exhibit 5 , #7 Exhibit 6 , #8 Exhibit 7 , #9 Exhibit 8 , #10 Exhibit 9 , #11 Exhibit 10 , #12 Exhibit 11 , #13 Exhibit 12 , #14 Exhibit 13 , #15 Exhibit 14 , #16 Exhibit 15 , #17 Exhibit 16 , #18 Exhibit 17 , #19 Exhibit 18 , #20 Exhibit 19 , #21 Exhibit 20 , #22 Exhibit 21 , #23 Exhibit 22 , #24 Exhibit 23 )(VonderHaar, Jon) (Modified on 5/26/2010 added link to Amended Complaint, edited duplicate text)(erv, ).
May 19, 2010 Opinion or Order Filing 121 ORDER Denying Without Prejudice #117 M&I Banks Motion to Dismiss by Judge Christine M. Arguello on 5/19/2010.(erv, )
May 17, 2010 Filing 120 ANSWER to #109 Amended Complaint by John Hillenbrand.(Sixkiller, Laura) (Modified on 5/18/2010 edited duplicate text) (erv, ).
May 17, 2010 Filing 119 ANSWER to #109 Amended Complaint by DMB Realty LLC.(Sixkiller, Laura) (Modified on 5/18/2010 edited duplicate text)(erv, ).
May 14, 2010 Filing 118 MOTION to Dismiss Defendants Elk River Partners, LLC, Jeffrey Temple, DMB Realty LLC, and John Hillenbrand's Motion to Dismiss Plaintiffs' R.I.C.O. Claims as Asserted in Plaintiffs' #109 Second Amended Complaint by Defendants Elk River Partners, LLC, Jeffrey Temple. (Rastello, Timothy) (Modified on 5/17/2010 added link to Second Amended Complaint)(erv, ).
May 13, 2010 Filing 117 MOTION to Dismiss Plaintiffs' #109 Second Amended Complaint by Defendant Marshall & Ilsley Bank. (Attachments: #1 Request for Judicial Notice ("RJN"), #2 Exhibit 1 , #3 Exhibit 2 , #4 Exhibit 3 , #5 Exhibit 4 , #6 Exhibit 5 , #7 Exhibit 6 , #8 Exhibit 7 , #9 Exhibit 8 , #10 Exhibit 9 , #11 Exhibit 10 , #12 Exhibit 11 , #13 Exhibit 12 , #14 Exhibit 13 , #15 Exhibit 14 , #16 Exhibit 15 , #17 Exhibit 16 ,#18 Exhibit 17 , #19 Exhibit 18 , #20 Exhibit 19 , #21 Exhibit 20 , #22 Exhibit 21 , #23 Exhibit 22 , #24 Exhibit 23 )(VonderHaar, Jon) (Modified on 5/14/2010 added link to motion, edited duplicate text)(erv, ).
May 12, 2010 Filing 116 ANSWER to #109 Amended Complaint for Damages by Elk River Partners, LLC, Jeffrey Temple.(Rastello, Timothy)
May 7, 2010 Opinion or Order Filing 115 MINUTE ORDER - pursuant to 114 Minute Order on Motion to Quash, Land Title Guarantee Company is termed as an interested party to this civil matter and the Clerk of Court is instructed to terminate electronic notification to Arthur H. Bosworth and to remove him from the Notice of Electronic Mailing, by Magistrate Judge Craig B. Shaffer on 5/7/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
May 7, 2010 Opinion or Order Filing 114 MINUTE ORDER withdrawing #95 Motion to Quash, pursuant to #113 Status Report, by Magistrate Judge Craig B. Shaffer on 5/7/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec)
May 7, 2010 Filing 113 STATUS REPORT by Interested Party Land Title Guarantee Company. (Bosworth, Arthur)
May 4, 2010 Filing 112 Docket Annotation re: #111 Supplement/Amendment, to a Rule 26 Discovery statement, docketing error. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv2, )
May 4, 2010 Filing 111 SUPPLEMENT/AMENDMENT to #24 Disclosure Statement Pursuant to F.R.C.P. 26(a)(1) by Plaintiffs Clifford A. Bernstein, Alan C. Ivar, Deborah L. Ivar. (Freedman, Jay) (Modified on 5/4/2010 This was a filing error regarding Discovery) (erv2, ).
April 30, 2010 Opinion or Order Filing 110 MINUTE ORDER - On or before 5/7/10, counsel for Land Title Guarantee and Plaintiffs shall file a joint Status Report addressing the current posture of #95 MOTION to Quash filed by Land Title Guarantee Company. By Magistrate Judge Craig B. Shaffer on 4/30/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
April 29, 2010 Filing 109 AMENDED COMPLAINT (SECOND) against All Defendants, filed by Deborah L. Ivar, Alan C. Ivar, Clifford A. Bernstein.(Freedman, Jay)
April 22, 2010 Opinion or Order Filing 108 MINUTE ORDER granting #107 Motion for Extension of Time to File Response/Reply. Plaintiffs shall have to and including 07/14/10 within which to file an opposition to Defendant M&I Bank's motion for summary judgment on its counterclaim. SO ORDERED by Judge Christine M. Arguello on 04/22/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
April 22, 2010 Filing 107 Second MOTION for Extension of Time to File Response/Reply as to #66 MOTION for Summary Judgment by Plaintiffs Clifford A. Bernstein, Alan C. Ivar, Deborah L. Ivar, Counter Defendants Alan C. Ivar, Deborah L. Ivar. (Attachments: #1 Declaration, #2 Proposed Order (PDF Only))(Freedman, Jay)
April 12, 2010 Filing 106 ANSWER to #10 Amended Complaint by Elk River Partners, LLC, Jeffrey Temple.(Rastello, Timothy) (Modified on 4/13/2010 edited duplicate text)(erv, ).
April 8, 2010 Filing 105 STIPULATION for Extension of Time for Defendants DMB Realty, LLC and John Hillenbrand to Answer First Amended Complaint Pursuant to D.C. COLO LCIVR6.1A by Defendants DMB Realty LLC, John Hillenbrand. (Sixkiller, Laura)
April 2, 2010 Opinion or Order Filing 104 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Status Conference was held on 4/2/2010. ORDERED: The First Joint Motion of All Parties to Amend Scheduling Order, doc #93 is GRANTED IN PART AND DENIED IN PART. Consistent with the dates set on the record, the court accepts the Stipulated Revised Scheduling Order, doc #103 . Discovery due by 8/6/2010. All fact and non-fact depositions must be completed by 8/6/2010. Affirmative experts must be designated by 6/25/2010. Rebuttal experts must be designated by 7/23/2010. Dispositive Motions due by 9/14/2010. THESE DATES WILL NOT CHANGE. Final Pretrial Conference set for 11/17/2010 at 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. A Proposed Final Pretrial Order is due 5 days prior. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
April 2, 2010 Filing 103 STIPULATION Stipulated Proposed Revised Scheduling Order by Plaintiffs Clifford A. Bernstein, Alan C. Ivar, Deborah L. Ivar, Defendants DMB Realty LLC, Elk River Partners, LLC, John Hillenbrand, Marshall & Ilsley Bank, Jeffrey Temple, Counter Defendants Alan C. Ivar, Deborah L. Ivar, Counter Claimant Marshall & Ilsley Bank. (Attachments: #1 Exhibit A)(Sixkiller, Laura)
March 31, 2010 Opinion or Order Filing 102 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Motion Hearing was held on 3/31/2010. ORDERED: All depositions in this case must be completed by the end of MAY, 2010. A Telephonic Status Conference is set for APRIL 2, 2010 at 2:00 p.m. (Denver time) to discuss the parties discussions that have taken place during the intervening time, to finalize depositions, and to revisit the deadlines proposed in the Motion to Amend, #93 . (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. (Court Reporter FTR - Linda Kahoe) (cbscd)
March 30, 2010 Opinion or Order Filing 101 ORDER granting in part and denying in part #14 Defendants Motion to Dismiss Converted to a Motion for Summary Judgment by Judge Christine M. Arguello on 3/30/2010.(erv, )
March 30, 2010 Filing 100 RESPONSE to #90 Objections, To Evidence Submitted In Support Of Defendants' Supplemental Reply In Support Of Motion To Dismiss by Defendants Elk River Partners, LLC, Jeffrey Temple. (Rastello, Timothy)
March 29, 2010 Opinion or Order Filing 99 AMENDED ORDER resetting hearing on #93 Joint MOTION to Amend #29 Scheduling Order. Telephonic Motion Hearing set for 3/31/2010 at 2:30 p.m., by Magistrate Judge Craig B. Shaffer on 3/29/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
March 29, 2010 Opinion or Order Filing 98 MINUTE ORDER resetting hearing on #93 Joint MOTION to Amend #29 Scheduling Order. Telephonic Motion Hearing will take place on 3/29/2010 at 2:30 p.m., by Magistrate Judge Craig B. Shaffer on 3/29/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
March 29, 2010 Filing 97 MEMORANDUM regarding #95 MOTION to Quash filed by Land Title Guarantee Company.Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 3/29/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmacd)
March 29, 2010 Opinion or Order Filing 96 MINUTE ORDER Setting Hearing on #93 MOTION to Amend/Correct/Modify #29 Scheduling Order, and #95 MOTION to Quash. ORDERED that a telephonic Motion Hearing will take place on 3/31/2010 at 10:00 a.m. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time, by Magistrate Judge Craig B. Shaffer on 3/29/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)
March 26, 2010 Filing 95 WITHDRAWN MOTION to Quash or Modify Subpoena by Interested Party Land Title Guarantee Company. (erv, ) Modified on 5/10/2010 withdrawn pursuant to doc. #113 (jjh, ).
March 25, 2010 Opinion or Order Filing 94 MEMORANDUM regarding #93 Joint MOTION to Amend/Correct/Modify #29 Scheduling OrderJoint MOTION to Amend/Correct/Modify #29 Scheduling Order filed by Elk River Partners, LLC, Deborah L. Ivar, Alan C. Ivar, Jeffrey Temple, Clifford A. Bernstein, John Hillenbrand, Marshall & Ilsley Bank, DMB Realty LLC. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 03/25/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
March 24, 2010 Filing 93 Joint MOTION to Amend/Correct/Modify #29 Scheduling Order by Plaintiffs Clifford A. Bernstein, Alan C. Ivar, Deborah L. Ivar, Defendants DMB Realty LLC, Elk River Partners, LLC, John Hillenbrand, Marshall & Ilsley Bank, Jeffrey Temple, Counter Defendants Alan C. Ivar, Deborah L. Ivar, Counter Claimant Marshall & Ilsley Bank. (Attachments: #1 Proposed Order (PDF Only) Text of Proposed Order Granting First Joint Motion of all Parties to Amend Scheduling Order)(Sixkiller, Laura)
March 18, 2010 Filing 92 Docket Annotation re: #91 Reply to Response to Motion, corrected title to that of the document Filed, corrected link to the 85 Minute Order, Defendant M&I Bank's Submission of Recent Supreme Court Decision Regarding the Link Required Between the Predicate Act and the Alleged Misrepresentations that were Relied Upon by PLaintiff's in Order to Maintain a RICO Cause of Action. Text only entry - no document attached (erv, )
March 17, 2010 Filing 91 STATEMENT of Recent Supreme Court Decision Regarding the Link Required Between the Predicate Act and the Alleged Misrepresentations that were Ruled Upn by Plaintiff's in Order to Maintain a RICO Cause of Action, pursuant to 85 Minute Order, filed by Defendant Marshall & Ilsley Bank. (Attachments: #1 Appendix - Hemi Group, LLC v. City of New York, 175 L.Ed. 2d 943)(VonderHaar, Jon) (Modified on 3/18/2010 corrected title to that of the document Filed, corrected link to the 85 Minute Order)(erv, ).
March 15, 2010 Filing 90 OBJECTIONS to Evidence Submitted in Support of Defendants' #88 Supplemental Reply in Support of Motion to Dismiss by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Freedman, Jay) (Modified on 3/16/2010 added link to Supplemental Reply)(erv, ).
March 11, 2010 Filing 89 Docket Annotation re: #88 Reply to Response to Motion, The title of the text entry was changed to reflect that it is a Supplemental Reply and added a Link to the #38 reply., Text only entry - no document attached (erv, )
March 10, 2010 Filing 88 SUPPLEMENTAL REPLY to #38 Response to #14 MOTION for Summary Judgment, Joint Motion to Dismiss Plaintiffs' First Amended Complaint filed by Defendants Jeffrey Temple, John Hillenbrand, Elk River Partners, LLC, DMB Realty LLC. (Attachments: #1 Exhibit 1 part 1 of 3, #2 Exhibit 1 part 2 of 3, #3 Exhibit 1 part 3 of 3, #4 Exhibit 2, #5 Exhibit 3 part 1 of 2, #6 Exhibit 3 part 2 of 2)(Sixkiller, Laura) (Modified on 3/11/2010 Edited Title of Text to show this is a Supplemantal Reply and added link to Reply)(erv, ).
March 4, 2010 Opinion or Order Filing 87 MINUTE ORDER granting #83 Motion for Extension of Time. Plaintiffs shall have to and including 05/05/10 to file a response to M&I Bank's Motion for Summary Judgment. SO ORDERED by Judge Christine M. Arguello on 03/04/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
March 3, 2010 Filing 86 REPLY to Response to #14 MOTION for Summary Judgment AND OBJECTIONS TO AFFIDAVITS SUBMITTED BY PLAINTIFFS IN SUPPORT THEREOF filed by Counter Claimant Marshall & Ilsley Bank, Defendant Marshall & Ilsley Bank. (Attachments: #1 M&I's Objection to Affidavit of Alan Ivar, #2 M&I's Objection to Affidavit of Deborah Ivar, #3 M&I's Objection to Affidavit of Clifford Bernstein, #4 M&I's Objection to Affidavit of Ronald Rauch, #5 M&I's Objection to Affidavit of Chris Stamos, #6 M&I's Objection to Affidavit of Joel Werner)(VonderHaar, Jon)
March 3, 2010 Opinion or Order Filing 85 MINUTE ORDER granting #84 Motion for Extension of Time to File Response/Reply. Defendants shall have to and including 03/10/10 to file their reply brief and materials in response to Plaintiffs' Supplemental Response Brief to Defendants' Motion to Dismiss. SO ORDERED by Judge Christine M. Arguello on 03/03/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
March 2, 2010 Filing 84 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Summary Judgment by Defendants Jeffrey Temple, Elk River Partners, LLC. (Rastello, Timothy)
March 1, 2010 Filing 83 Unopposed MOTION for Extension of Time to Oppose M&I Bank's Motion for Summary Judgment by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Attachments: #1 Declaration of Michael B. McClellan in Support of Unopposed Motion, #2 Proposed Order (PDF Only) Proposed Order regarding Unopposed Motion)(Freedman, Jay)
February 18, 2010 Filing 82 Docket Annotation re: #80 Response to Motion, This entry wasa docketing error and the Response has been refiled at document #81 , which will be the operative Document. Text only entry - no document attached (erv, )
February 17, 2010 Filing 81 RESPONSE to #14 MOTION for Summary Judgment of Defendants; filed by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Attachments: #1 Affidavit Affidavit of Alan C. Ivar in Support of Plaintiffs' Supplemental Response Brief to Defendants' Motion to Dismiss, Partially Converted to Motion for Summary Judgment Pursuant to FRCP Rule 12(d), #2 Affidavit of Deborah L. Ivar in Support of Plaintiffs' Supplemental Response Brief to Defendants' Motion to Dismiss, Partially Converted to Motion for Summary Judgment Pursuant to FRCP Rule 12(d), #3 Affidavit of Clifford Bernstein in Support of Plaintiffs' Supplemental Response Brief to Defendants' Motion to Dismiss, Partially Converted to Motion for Summary Judgment Pursuant to FRCP Rule 12(d), #4 Affidavit of Ronald J. Rauch, #5 Affidavit of Chris Stamos, #6 Affidavit of Joel Werner, #7 Request for Judicial Notice in Support of Plaintiffs' Supplemental Response Brief to Defendants' Motion to Dismiss, Partially Converted to Motion for Summary Judgment Pursuant to FRCP Rule 12(d), #8 Certificate of Service)(Freedman, Jay)
February 17, 2010 Filing 80 RESPONSE to #66 MOTION for Summary Judgment, #14 MOTION for Summary Judgment of Defendants filed by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Attachments: #1 Affidavit of Alan C. Ivar in Support of Plaintiffs' Supplemental Response Brief to Defendants' Motion to Dismiss, Partially Converted to Motion for Summary Judgment Pursuant to FRCP Rule 12(d), #2 Affidavit of Deborah L. Ivar in Support of Plaintiffs' Supplemental Response Brief to Defendants' Motion to Dismiss, Partially Converted to Motion for Summary Judgment Pursuant to FRCP Rule 12(d), #3 Affidavit of Clifford Bernstein in Support of Plaintiffs' Supplemental Response Brief to Defendants' Motion to Dismiss, Partially Converted to Motion for Summary Judgment Pursuant to FRCP Rule 12(d), #4 Affidavit of Ronald J. Rauch in Support of NMotion for Preliminary Injunction, #5 Affidavit of Chris Stamos in Support of Motion for Preliminary Injunction, #6 Affidavit of Joel Werner, #7 Request for Judicial Notice, #8 Certificate of Service)(Freedman, Jay) (Modified on 2/18/2010 This Response was docketed in ERROR, It has been refiled at Document #81 , which will be the Operative Document) (erv, ).
February 8, 2010 Opinion or Order Filing 79 PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 2/8/10. (cbssec)
February 8, 2010 Opinion or Order Filing 78 MINUTE ORDER granting #76 Motion for Protective Order. In addition to Fed.R.Civ.P. 26(c)(2), and D.C.ColoL.CivR. 7.2 parties are ORDERED to comply with all applicable Federal Rules of Civil Procedure (Fed.R.Civ.P.) and the Local Rules of Practice in the United States District Court for the District of Colorado (D.C.ColoL.CivR.) regarding the execution of this protective order.By Magistrate Judge Craig B. Shaffer on 2/8/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec)
February 4, 2010 Opinion or Order Filing 77 MEMORANDUM regarding #76 Unopposed MOTION for Protective Order filed by Jeffrey Temple, Elk River Partners, LLC. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 02/04/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
February 2, 2010 Filing 76 Unopposed MOTION for Protective Order by Defendants Jeffrey Temple, Elk River Partners, LLC. (Attachments: #1 Proposed Order (PDF Only) Stipulation and Protective Order)(Rastello, Timothy)
February 1, 2010 Opinion or Order Filing 75 MINUTE ORDER - Stipulation and Protective Order, doc #73 filed by Elk River Partners, LLC is STRICKEN for failure to comply with District of Colorado ECF Procedure V.L by Magistrate Judge Craig B. Shaffer on 2/1/2010. (cbscd)
February 1, 2010 Opinion or Order Filing 74 MINUTE ORDER granting #68 Plaintiffs/Counterclaim Defendants Motion for a Continuance of Summary Judgment Proceedings Pending Completion of Related Discovery. Plaintiffs/Counterclaim Defendants shall have an additional 45 days, to and including March 21, 2010, to file their response to Defendant/Counterclaim Plaintiffs #66 motion for summary judgment by Judge Christine M. Arguello on 2/1/2010.(erv, ) (Modified on 2/2/2010 corrected typing error)(erv, ).
January 29, 2010 Filing 73 STRICKEN STIPULATION AND PROTECTIVE ORDER by Defendant Elk River Partners, LLC. (Attachments: #1 Exhibit A to Stipulation and Protective Order)(Rastello, Timothy) (Modified on 2/1/2010 pursuant to the #75 Minute Order)(erv, ).
January 29, 2010 Filing 72 APPENDIX re #71 Brief in Opposition to Motion,, APPENDIX OF UNPUBLISHED CASE LAW, by Counter Claimant Marshall & Ilsley Bank, Defendant Marshall & Ilsley Bank. (Attachments: #1 Hamilton v. Willms, 2005 U.S. Dist. LEXIS 34684, * 36 (E.D. Cal. Dec. 21, 2005))(VonderHaar, Jon)
January 28, 2010 Filing 71 BRIEF in Opposition to #68 MOTION to Continue Motion for Summary Judgment Proceedings; Memorandum of Points and Authorities; Affidavit of Jay Freedman filed by Counter Claimant Marshall & Ilsley Bank, Defendant Marshall & Ilsley Bank. (Attachments: #1 Objection to Portions of Motion to Continue Summary Judgment Proceedings, #2 Request for Judicial Notice, #3 Exhibit A to Request for Judicial Notice ("RJN"), #4 Exhibit B to RJN, #5 Exhibit C to RJN)(VonderHaar, Jon)
January 27, 2010 Opinion or Order Filing 70 ORDER re: #14 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Jeffrey Temple, Marshall & Ilsley Bank, John Hillenbrand, Elk River Partners, LLC, DMB Realty LLC; the Court converts the motion to dismiss into a motion for summary judgment. Plaintiffs shall have 21 days from the date of this Order to present all material pertinent to that issue. See Fed. R. Civ. P. 12(d). Defendants shall have 14 days from the date of Plaintiffs response to submit any additional materials. It is further ORDERED that, in submitting its materials, Plaintiffs shall indicate whether it has any meritorious bases for objecting to the authenticity of the purported purchase agreements attached to Defendants motion to dismiss. by Judge Christine M. Arguello on 1/27/2010. (erv, )
January 25, 2010 Opinion or Order Filing 69 MINUTE ORDER re: #68 MOTION to Continue Motion for Summary Judgment Proceedings; Memorandum of Points and Authorities; Affidavit of Jay Freedman filed by Deborah L. Ivar, Alan C. Ivar. As Counter Defendants' response to Counter Claimant's Motion for Summary Judgment #66 is currently due on Friday, 02/05/10, Counter Claimant Marshall & Ilsley Bank shall file its response to Counter Defendants' Motion to Continue #68 by close of business on Thursday, 01/28/10. SO ORDERED by Judge Christine M. Arguello on 01/25/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Modified on 1/26/2010 to correct links) (erv, ).
January 25, 2010 Filing 68 MOTION to Continue Motion for Summary Judgment Proceedings; Memorandum of Points and Authorities; Affidavit of Jay Freedman by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Counter Defendants Alan C. Ivar, Deborah L. Ivar. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Continuance of Motion to Continue Motion for Summary Jugdment Proceedings)(Freedman, Jay)
January 13, 2010 Filing 67 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Settlement Conference held on 1/13/2010. No settlement was reached. (cbscd)
January 12, 2010 Filing 66 WITHDRAWN MOTION for Summary Judgment by Counter Claimant Marshall & Ilsley Bank. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A-1 to Request for Judicial Notice ("RJN"), #3 Exhibit A-2 to RJN, #4 Exhibit A-3 to RJN, #5 Exhibit A-4 to RJN, #6 Exhibit A-5 to RJN, #7 Exhibit A-6 to RJN, #8 Exhibit A-7 to RJN, #9 Exhibit A-8 to RJN, #10 Exhibit A-9 to RJN, #11 Exhibit A-10 to RJN, #12 Exhibit A-11 to RJN, #13 Exhibit A-12 to RJN, #14 Exhibit A-13 to RJN, #15 Affidavit of David M. Roberts, #16 Exhibit B-1 to Affidavit of David M. Roberts, #17 Affidavit of Jon A.C. Vonder Haar, #18 Proposed Order (PDF Only) Granting Motion for Summary Judgment)(VonderHaar, Jon) (Modified on 9/20/2010 Withdrawn pursuant to the #147 Order)(erv2, ).
January 11, 2010 Filing 65 ANSWER/REPLY to #64 Counterclaim of M&I Bank FSB by Alan C. Ivar, Deborah L. Ivar.(Freedman, Jay)
December 17, 2009 Filing 64 COUNTERCLAIM FOR DAMAGES against Alan C. Ivar, Deborah L. Ivar, filed by Marshall & Ilsley Bank. (Attachments: #1 Exhibit A - Note, #2 Exhibit B - Deed of Trust)(VonderHaar, Jon)
December 8, 2009 Filing 63 TRANSCRIPT of Motions Hearing held on 09cv453 before Judge Arguello. Pages: 1-58. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 3/11/2010. (Martinez, Darlene)
December 4, 2009 Filing 62 SUPPLEMENT/AMENDMENT Defendants' Supplemental Authority Concerning #60 Minutes regarding Causation by Defendant Elk River Partners, LLC. (Wiletsky, Mark) (Modified on 12/7/2009 added link to minutes)(erv, ).
December 4, 2009 Filing 61 SUPPLEMENT/AMENDMENT Plaintiffs Supplemental Brief in Response to #60 Court's Inquiry Regarding Rico Cause of Action by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Freedman, Jay) (Modified on 12/7/2009 added link to the Minutes)(erv, ).
December 2, 2009 Filing 60 AMENDED Minute Entry for proceedings held before Judge Christine M. Arguello: Amended re #59 Order Simultaneous briefing as to what link or causation there has to be between the predicate acts and the misrepresentations that were relied upon due December 4, 2009, 5:00 p.m. (Court Reporter Darlene Martinez.) (erv, )
December 2, 2009 Filing 59 COURTROOM MINUTES - Minute Entry for proceedings held before Judge Christine M. Arguello: Motion Hearing held on 12/2/2009. Taking under advisement #14 Motion to Dismiss. Simultaneous briefing as to what link or causation there has to be between the predicate acts and the misrepresentations that were relied upon due December 3, 2009, 5:00 p.m. (Court Reporter Darlene Martinez) (cmacd )
November 3, 2009 Filing 58 TRANSCRIPT of Motions Hearing held on 10/30/09 before Judge Arguello. Pages: 1-43. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/1/2010. (Martinez, Darlene)
October 30, 2009 Opinion or Order Filing 57 MINUTE ORDER. The hearing on Defendants Motion to Dismiss Plaintiffs First Amended Complaint #14 is RESET to 12/02/2009 at 2:30 p.m..By Judge Christine M. Arguello on 10/30/2009. (sah, )
October 30, 2009 Filing 56 COURTROOM MINUTES - Minute Entry for proceedings held before Judge Christine M. Arguello: Denying #46 Motion for Preliminary Injunction. ORDER: The Clerks Office shall unseal all documents related to the Motion for Preliminary Injunction #46 . Motion Hearing held on 10/30/2009. (Court Reporter Darlene Martinez) (cmacd)
October 28, 2009 Filing 55 REPLY to Response to #46 MOTION for Preliminary Injunction filed by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Attachments: #1 Continuation of Main Document Response of Plaintiffs Alan C. Ivar and Deborah L. Ivar to M&I Bank's Objections to Supporting Affidavits)(Freedman, Jay)
October 27, 2009 Filing 54 NOTICE re #53 Brief in Opposition to Motion,,, #46 MOTION for Preliminary Injunction Supplemental Request for Judicial Notice by Defendant Marshall & Ilsley Bank (Attachments: #1 Exhibit A to Supplemental RJN - Order Authorizing Sale)(VonderHaar, Jon)
October 26, 2009 Filing 53 BRIEF in Opposition to #46 MOTION for Preliminary Injunction filed by Defendant Marshall & Ilsley Bank. (Attachments: #1 M&I's Objection to First Affidavit of Joel Werner, #2 M&I's Objection to Affidavit of Michael B. McClellan, #3 M&I's Objection to Affidavit of Chris Stamos, #4 M&I's Objection to Affidavit of Deborah Ivar, #5 M&I's Objection to Affidavit of Ronald J. Rauch, #6 M&I's Objection to Affidavit of Alan C. Ivar, #7 M&I's Objection to Affidavit of Jay B. Freedman, #8 M&I's Objection to Second Affidavit of Joel Werner, #9 M&I's Request for Judicial Notice, #10 Exhibit A to Request for Judicial Notice ("RJN"), #11 Exhibit B to RJN, #12 Exhibit C to RJN, #13 Exhibit D to RJN, #14 Exhibit E to RJN, #15 Exhibit F to RJN)(VonderHaar, Jon)
October 23, 2009 Opinion or Order Filing 52 MINUTE ORDER granting #51 Defendants Unopposed Motion to Continue Hearing on Defendants Motion to Dismiss Plaintiffs First Amended Complaint. the hearing scheduled for 10/30/2009 shall be limited in scope to Plaintiffs' Motion for Preliminary Injunction #46 . By Judge Christine M. Arguello on 10/23/2009.(sah, )
October 22, 2009 Filing 51 Unopposed MOTION to Continue #49 Hearing on Defendants' Motion to Dismiss Plaintiff's First Amended Complaint by Defendants John Hillenbrand, DMB Realty LLC. (Attachments: #1 Proposed Order (PDF Only) [Proposed] Order Granting Unopposed Motion to Continue Hearing on Defendants' Motion to Dismiss Plaintiff's First Amended Complaint)(Lippa, Jeffrey) Modified on 10/23/2009 to create linkage (sah2, ).
October 21, 2009 Filing 50 NOTICE of Errata to Declaration of Joel Werner #46 in Support of Preliminary Injunction by Plaintiffs Alan C. Ivar, Deborah L. Ivar (Freedman, Jay) Modified on 10/22/2009 to create linkage (sah2, ).
October 19, 2009 Opinion or Order Filing 49 MINUTE ORDER. A two-hour hearing is set for 10/30/2009 at 8:30 a.m., in Courtroom A602 of the Arraj Courthouse, during which the Court will hear argument on Plaintiffs Motion for Preliminary Injunction [46-4] and on Defendants Motion to Dismiss Plaintiffs First Amended Complaint #14 . Defendants shall file a response to Plaintiffs Motion for Preliminary Injunction not later than 10/26/2009. Any reply in support of Plaintiffs Motion for Preliminary Injunction shall be filed not later than 10/28/2009. By Judge Christine M. Arguello on 10/19/2009. (sah, )
October 19, 2009 Filing 48 Docket Annotation re: #46 MOTION for Preliminary Injunction. Entry modified on 10/19/2009 to SEAL pursuant to request from Chambers. Text only entry - no document attached (sah, )
October 19, 2009 Filing 47 MEMORANDUM by Deputy Clerk re #46 MOTION for Preliminary Injunction. (sah, )
October 16, 2009 Filing 46 (UNSEALED) MOTION for Preliminary Injunction by Plaintiffs Alan C. Ivar, Deborah L. Ivar. (Attachments: #1 Proposed Order (PDF Only), #2 Affidavit Declaration of Jay B. Freedman, #3 Notice of Motion, #4 Memorandum of Points and Authorities, #5 Affidavit General Affidavit of Joel Werner, #6 Affidavit Injunction Affidavit of Joel Werner, #7 Affidavit Affidavit of Alan Ivar, #8 Affidavit Affidavit of Deborah Ivar, #9 Affidavit Affidavit of Ronald Rauch, #10 Affidavit Affidavit of Chris Stamos, #11 Affidavit Declaration of Michael McClellan, #12 Proposed Order (PDF Only) Proposed Order for Preliminary Injunction)(Freedman, Jay) Modified on 10/19/2009 to SEAL pursuant to request from Chambers (sah, ). (Modified on 11/2/2009 UNSEALED Pursuant to #57 Minute Order)(ervsl, ).
September 9, 2009 Filing 45 OBJECTIONS to #44 Surreply, of Plaintiffs to M&I's Reply in Support of its Motion to Dismiss by Defendant Marshall & Ilsley Bank. (VonderHaar, Jon)
September 4, 2009 Filing 44 SURREPLY re #14 MOTION to Dismiss Plaintiffs' First Amended Complaint Plaintiffs' Surreply to Defendant M&I Marshall and Isley Bank, FSB's Reply Brief in Support of Motion to Dismiss filed by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Freedman, Jay)
September 4, 2009 Filing 43 STIPULATION STIPULATION OF THE PARTIES FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' DISCOVERY REQUESTS, PURSUANT TO D.C.COLO.LCivR 6.1 by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (McClellan, Michael)
August 28, 2009 Opinion or Order Filing 42 ORDER OVERRULED #41 Objections filed by Clifford A. Bernstein, Deborah L. Ivar, Alan C. Ivar, and the Court will not strike any portion of Defendants Reply Brief. It is FURTHER ORDERED that Plaintiffs shall have seven days, to and including September 4, 2009, within which to file a short surreply (five pages or less), limited to addressing the alleged new factual materials and legal theories. by Judge Christine M. Arguello on 8/28/09. (erv, )
August 20, 2009 Filing 41 OBJECTIONS to #38 Reply to Response to Motion to Dismiss Plaintiffs' First Amended Complaint by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Freedman, Jay)
August 20, 2009 Filing 40 DESIGNATION OF NON-PARTIES AT FAULT by Defendants Jeffrey Temple, John Hillenbrand, Marshall & Ilsley Bank, Elk River Partners, LLC, DMB Realty LLC. (erv, )
August 20, 2009 Opinion or Order Filing 39 MINUTE ORDER granting #36 Defendants Unopposed Motion for Leave to Designate Non-Parties at Fault by Magistrate Judge Craig B. Shaffer on 8/20/09.(erv, )
August 17, 2009 Filing 38 REPLY to Response to #14 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendants Jeffrey Temple, John Hillenbrand, Elk River Partners, LLC, DMB Realty LLC. (Lippa, Jeffrey)
August 14, 2009 Filing 37 MEMORANDUM regarding #36 Unopposed MOTION for Leave to Designate Non-Parties at Fault filed by Jeffrey Temple, Elk River Partners, LLC. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 08/14/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
August 14, 2009 Filing 36 Unopposed MOTION for Leave to Designate Non-Parties at Fault by Defendants Jeffrey Temple, Elk River Partners, LLC. (Attachments: #1 Defendants' Designation of Non-Parties at Fault, #2 Proposed Order (PDF Only) [Proposed] Order Granting Defendants' Unopposed Motion for Leave to Designate Non-Parties At Fault)(Wiletsky, Mark)
August 14, 2009 Filing 35 TRANSCRIPT of Scheduling Conference held on 07/17/09 before Magistrate Judge Shaffer. Pages: 1-52. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 11/12/2009. (Avery Woods Reporting, )
August 10, 2009 Filing 34 REPLY to Response to #14 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Marshall & Ilsley Bank. (Attachments: #1 Exhibit Exhibit A to Reply, #2 Supplemental Request for Judicial Notice, #3 Exhibit Exhibit A to Request for Judicial Notice (RJN), #4 Exhibit Exhibit B to RJN, #5 Exhibit Exhibit C to RJN, #6 Exhibit Exhibit D to RJN, #7 Exhibit Exhibit E to RJN, #8 Response of M&I Bank to Plaintiff's Objections to Request for Judicial Notice)(VonderHaar, Jon)
August 10, 2009 Opinion or Order Filing 33 MINUTE ORDER granting #32 Motion for Extension of Time to File Response/Reply by Judge Christine M. Arguello on 8/10/09. Defendants shall have to and including 8/17/09 to file a reply in support of the Motion to Dismiss Plaintiffs First Amended Complaint and to respond to Plaintiffs Objections to Evidence Submitted in Support of Defendants' Motion to Dismiss. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec)
August 6, 2009 Filing 32 Second MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Plaintiffs' First Amended Complaint by Defendants Jeffrey Temple, John Hillenbrand, Elk River Partners, LLC, DMB Realty LLC. (Attachments: #1 Proposed Order (PDF Only))(Sixkiller, Laura)
July 27, 2009 Opinion or Order Filing 31 MINUTE ORDER by Judge Christine M. Arguello on 7/27/09 GRANTING #30 Motion for Extension of Time to File Response/Reply to and including August 10, 2009, to file a reply in support of the Motion to Dismiss Plaintiffs' First Amended Complaint and to respond to Plaintiffs' Objections to Evidence Submitted in Supportof Defendants' Motion to Dismiss; and for Defendant Marshal and Isley Bank, FSB to file a separate reply on its behalf and in support of its Brief in Support of Motion to Dismiss on Additional Grounds Not Addressed in Joint Motion; in the Alternative, Motion for a More Definite Statement and Motion to Strike. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmacd) (Modified on 7/29/2009 corrected typing error)(erv, ).
July 23, 2009 Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Plaintiffs' First Amended Complaint and Marshal and Isley Bank's Brief in Support of Motion to Dismiss on Additional Grounds Not Addressed in Joint Motion; in the Alternative, Motion for a More Definite Statement and Motion to Strike by Defendants Jeffrey Temple, John Hillenbrand, Marshall & Ilsley Bank, Elk River Partners, LLC, DMB Realty LLC. (Attachments: #1 Proposed Order (PDF Only) [PROPOSED] ORDER GRANTING DEFENDANTS UNOPPOSED MOTION FOR TWO-WEEK EXTENSION OF TIME)(Wiletsky, Mark)
July 17, 2009 Opinion or Order Filing 29 SCHEDULING ORDER by Magistrate Judge Craig B. Shaffer on 7/17/2009. (cbscd)
July 17, 2009 Filing 28 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 7/17/2009. Discovery due by 5/31/2010. ORDERED: The court reluctantly grants the requested discovery deadline of May 31, 2010 and is not inclined to further extend this deadline. Dispositive Motions due by 7/16/2010. Settlement Conference set for 1/13/2010 at 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. If necessary, the Settlement Conference will continue to 1/14/2010 at 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Final Pretrial Conference set for 9/29/2010 at 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer). (Court Reporter FTR - Linda Kahoe) (cbscd)
July 16, 2009 Filing 27 NOTICE of Entry of Appearance by E. Jeffrey Walsh and Laura E. Sixkiller by Jeffrey Max Lippa on behalf of John Hillenbrand, DMB Realty LLC (Lippa, Jeffrey)
July 15, 2009 Filing 26 Proposed Scheduling Order by Defendants Jeffrey Temple, Elk River Partners, LLC. (Rastello, Timothy)
July 13, 2009 Filing 25 Docket Annotation re: #24 Corporate Disclosure Statement, This is Actually Rule 26(a)(1) Initial Disclosures and not a Corporate Disclosure Statement. Text only entry - no document attached (erv, )
July 10, 2009 Filing 24 DISCLOSURE STATEMENT by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein.. (Freedman, Jay) (Modified on 7/13/2009 this is NOT a Corporate Disclosure, but Rule 26 Discovery)(erv, ).
July 7, 2009 Filing 23 BRIEF in Opposition to #14 MOTION to Dismiss Plaintiffs' First Amended Complaint Plaintiffs' Memorandum of Law in Opposition to Defendants' Motions to Dismiss Plaintiffs' First Amended Complaint filed by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Freedman, Jay) (Modified on 7/7/2009 See Document #20 for Attachments to this Brief )(erv, ).
July 7, 2009 Filing 22 DECLARATION of Jay B. Freedman in Support of Request to Re-File Opposition to Defendants' Joint Motion to Dismiss to Remedy Clerical Error regarding Brief in Opposition to Motion,, #20 by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Attachments: #1 Declaration of Michael B. McClellan in Support of Request to Re-File Opposition to Defendants' Joint Motion to Dismiss to Remedy Clerical Error, #2 Declaration of Joanne Kenney in Support of Request to Re-File Opposition to Defendants' Joint Motion to Dismiss to Remedy Clerical Error, #3 Declaration of Xochitl Rogers in Support of Request to Re-File Opposition to Defendants' Joint Motion to Dismiss to Remedy Clerical Error)(Freedman, Jay)
July 7, 2009 Filing 21 Docket Annotation re: #20 Brief in Opposition to Motion, Document #2, that was filed as an attachment, was filed in error. A corrected document will be filed by counsel, Text only entry - no document attached (erv, )
July 6, 2009 Filing 20 EXHIBITS TO #23 BRIEF in Opposition to #14 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Attachments: #1 Plaintiffs' Objections to Evidence Submitted in Support of Defendants' Motion to Dismiss,(# 2 Plaintiffs' Memorandum of Law in Opposition to Defendants' M&I Marshall and Isley Bank, FSB's Additional Grounds Not Addressed In Joint Motion to Dismiss, Motion for a More Definitive Statement, and Motion to Strike, filed twice in ERROR , #3 Plaintiffs' Objections to Request for Judicial Notice and Evidence Submitted by M&I Marshall and Isley Bank FSB, #4 Appendix)(Freedman, Jay) (Modified on 7/7/2009 These are exhibits (attachments to the #23 Brief, Exh #2 was filed twice in error(erv, ).
June 18, 2009 Opinion or Order Filing 19 MINUTE ORDER granting #18 Motion for Extension of Time to File Response. Plaintiffs shall have to and including July 6, 2009 within which to respond to Defendants motions to dismiss, by Judge Christine M. Arguello on 6/18/09.(cmacd) (Modified on 6/22/2009 to indicate that this is a Minute Order)(erv, ).
June 16, 2009 Filing 18 First MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Plaintiffs' First Amended Complaint by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Attachments: #1 Affidavit Declaration of Michael B. McClellan in Support of Motion for First Extension, #2 Proposed Order (PDF Only) Proposed Order)(Freedman, Jay)
June 12, 2009 Filing 17 NOTICE of Entry of Appearance by Mark Brian Wiletsky on behalf of Jeffrey Temple, Elk River Partners, LLC (Wiletsky, Mark)
June 12, 2009 Filing 16 NOTICE of Entry of Appearance by Timothy Mark Rastello on behalf of Jeffrey Temple, Elk River Partners, LLC (Rastello, Timothy)
June 2, 2009 Filing 15 BRIEF in Support of #14 MOTION to Dismiss Plaintiffs' First #10 Amended Complaint on Additional Grounds not Addressed in Joint Motion; in the Alternative Motion for More Definite Statement and Motion to Strike filed by Defendant Marshall & Ilsley Bank. (Attachments: #1 Request for Judicial Notice)(VonderHaar, Jon) (Modified on 6/4/2009 added link to amended complaint and completed the Title of the text to that of the document) (erv, ).
June 2, 2009 Filing 14 CONVERTED to a Motion for Summary Judgment MOTION to Dismiss Plaintiffs' First #10 Amended Complaint by Defendants Jeffrey Temple, John Hillenbrand, Marshall & Ilsley Bank, Elk River Partners, LLC, DMB Realty LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lippa, Jeffrey) (Modified on 6/4/2009 added link to complaint)(erv, ). (Modified on 1/28/2010 Pursuant to the #70 Order, this has been coverted to Summary Judgment Motion)(erv, ).
May 12, 2009 Filing 13 STIPULATION Joint Stipulation, Pursuant to Local Rule 6.1(A), Regarding First Extension of Time for All Defendants to Answer, Move or Otherwise Respond to Plaintiffs' Amended Complaint by Defendants John Hillenbrand, DMB Realty LLC. (Lippa, Jeffrey)
May 7, 2009 Opinion or Order Filing 12 ORDER Scheduling Conference Reset for 7/17/2009 09:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. by Magistrate Judge Craig B. Shaffer on 5/7/09. (erv, )
April 17, 2009 Filing 11 DEMAND for Trial by Jury by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Freedman, Jay)
April 16, 2009 Filing 10 AMENDED COMPLAINT against all defendants, filed by Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein.(Freedman, Jay)
April 10, 2009 Filing 9 WAIVER OF SERVICE Returned Executed by all plaintiffs. John Hillenbrand waiver sent on 3/13/2009, answer due 5/12/2009. (Freedman, Jay)
April 3, 2009 Filing 8 NOTICE OF COURT'S ORDER RE SCHEDULING CONFERENCE AND PLANNING MEETING by Plaintiffs Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein (Attachments: #1 Exhibit Attachment to Notice)(Freedman, Jay)
April 3, 2009 Filing 7 WAIVER OF SERVICE Returned Executed by all plaintiffs. Jeffrey Temple waiver sent on 3/17/2009, answer due 5/18/2009. (Freedman, Jay)
March 31, 2009 Filing 6 WAIVER OF SERVICE Returned Executed by all plaintiffs. Elk River Partners, LLC waiver sent on 3/17/2009, answer due 5/18/2009. (Freedman, Jay)
March 31, 2009 Filing 5 WAIVER OF SERVICE Returned Executed by all plaintiffs. DMB Realty LLC waiver sent on 3/13/2009, answer due 5/12/2009. (Freedman, Jay)
March 30, 2009 Opinion or Order Filing 4 ORDER Scheduling Conference Reset for 5/27/2009 10:45 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. by Magistrate Judge Craig B. Shaffer on 3/30/09. (erv, )
March 11, 2009 Opinion or Order Filing 3 ORDER Scheduling Conference set for 5/5/2009 10:45 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. by Magistrate Judge Craig B Shaffer on 3/11/09. (erv, )
March 10, 2009 Opinion or Order Filing 2 ORDER REFERRING CASE to Magistrate Judge Craig B Shaffer by Judge Christine M. Arguello on 3/10/09. (erv, )
March 4, 2009 Filing 1 COMPLAINT FOR DAMAGES against Jeffrey Temple, John Hillenbrand, Elk River Partners, LLC, DMB Reality LLC ( Filing fee $ 350, Receipt Number 17072) Summons Issued, filed by Alan C. Ivar, Deborah L. Ivar, Clifford A. Bernstein. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(jak, )

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Plaintiff: Alan C. Ivar
Represented By: Jay Brett Freedman
Represented By: Michael B. McClellan
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Plaintiff: Deborah L. Ivar
Represented By: Jay Brett Freedman
Represented By: Michael B. McClellan
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Plaintiff: Clifford A. Bernstein
Represented By: Jay Brett Freedman
Represented By: Michael B. McClellan
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Defendant: Elk River Partners, LLC
Represented By: William P. Langdale, III
Represented By: Laura E. Sixkiller
Represented By: Mark Brian Wiletsky
Represented By: Timothy Mark Rastello
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Defendant: DMB Realty LLC a Delaware limited liability company doing business as Marabou Realty
Represented By: E. Jeffrey Walsh
Represented By: Jeffrey M. Lippa
Represented By: Laura E. Sixkiller
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Defendant: Jeffrey Temple
Represented By: Laura E. Sixkiller
Represented By: Mark Brian Wiletsky
Represented By: Timothy Mark Rastello
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Defendant: John Hillenbrand
Represented By: E. Jeffrey Walsh
Represented By: Jeffrey M. Lippa
Represented By: Laura E. Sixkiller
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Defendant: Marshall & Ilsley Bank
Represented By: Jon A.C. VonderHaar
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Interested party: Land Title Guarantee Company
Represented By: Arthur H. Bosworth, II
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