Wingerter et al v. Gerber
Plaintiff: Donald B. Wingerter, Jr. and Greenhorn Ranch LLC
Defendant: Allison H. Gerber
Case Number: 1:2009cv02000
Filed: August 21, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: Jefferson
Presiding Judge: Philip A. Brimmer
Presiding Judge: Michael E. Hegarty
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
July 28, 2011 Opinion or Order Filing 182 ORDER. The 177 , 180 ( 178 Sealed) stipulated motions for entry of judgment are granted. The 179 unopposed motion to seal is granted in part and denied in part. Plaintiff's claims for fraud and civil theft against defendants Donald B. Wing erter, Jr. and BodySelect LLC are dismissed with prejudice, each side to bear their own costs and attorney's fees. Plaintiff has waived her rights to appeal the dismissal of her fraud and civil theft claims. Judgment shall enter against defendan ts Donald B. Wingerter, Jr., Greenhorn Ranch, LLC, and BodySelect, LLC, jointly and severally, on plaintiff's contract claims in the amount of $2,150,000, each side to bear their own costs and attorney's fees. The parties waive their right to appeal this judgment. The trial scheduled to commence on 10/3/2011 is vacated. By Judge Philip A. Brimmer on 7/28/11. (mnf, )
March 29, 2011 Opinion or Order Filing 166 ORDER. Plaintiff Allison H. Gerber's fraud claim against defendants Wingerter and BodySelect is dismissed. Defendants' 85 motion for summary judgment and 115 motion to supplement the motion for summary judgment are denied as moot, by Judge Philip A. Brimmer on 3/29/11.(mnf, )
February 8, 2011 Opinion or Order Filing 146 ORDER granting 84 Defendant Allison H. Gerber's Motion to Exclude the Expert Testimony of Steven Segal, Esq., by Judge Philip A. Brimmer on 2/8/11.(mnf, )
December 29, 2010 Opinion or Order Filing 145 ORDER denying 119 Defendant's Motion to Compel Production of Documents Withheld on Basis of Attorney-Client Privilege with Steve Kregstein, by Magistrate Judge Michael E. Hegarty on 12/29/2010. (mehcd)
October 20, 2010 Opinion or Order Filing 111 ORDER: Five-Day Jury Trial set for 10/3/2011 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 9/16/2011 at 01:30 PM in Courtroom A 701 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 10/20/10. (ebs, )
September 17, 2010 Opinion or Order Filing 101 ORDER denying 8 Defendant's Motion to Dismiss Claims for Declaratory Relief, by Judge Philip A. Brimmer on 9/17/10.(ebs, )
July 30, 2010 Opinion or Order Filing 74 MINUTE ORDER granting in part and denying in part 72 Motion to Compel Gerber to Comply with Discovery Order and Request for Sanctions, by Magistrate Judge Michael E. Hegarty on 7/30/10.(ebs, )
July 26, 2010 Opinion or Order Filing 71 ORDER granting 35 Motion to Dismiss a counterclaim by third-party defendant Donald B. Wingerter, Jr. and granting 38 Motion to Dismiss a counterclaim by third-party defendant BodySelect LLC. ORDERED that the Wingerter and BodySelect claims seeking indemnity 31 34 are dismissed with prejudice, by Judge Philip A. Brimmer on 7/26/10.(lyg, )
June 30, 2010 Opinion or Order Filing 69 ORDER granting in part and denying in part 63 Plaintiffs' Motion to Compel Defendant Gerber to Respond to Discovery, by Magistrate Judge Michael E. Hegarty on 6/30/2010. (mehcd)
March 26, 2010 Opinion or Order Filing 57 Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 3/26/2010. granting 36 Allison Gerber's Motion to Compel Production of Documents and Things by Donald B. Wingerter Jr. and Greenhorn Ranch LLC. The documents, as stated on the record, shall be produced on or before APRIL 16, 2010. (Court Reporter FTR - Kathleen Finney) (klmcd)
February 4, 2010 Opinion or Order Filing 41 MINUTE ORDER granting 39 the Unopposed Motion to Vacate and Reschedule Settlement Conference. Settlement Conference set for 3/18/2010 is RESET to 3/31/2010 10:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 2/4/2010. (mehcd)
January 11, 2010 Opinion or Order Filing 33 PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 1/11/10. (ebs, )
January 7, 2010 Opinion or Order Filing 28 MINUTE ORDER granting 26 Plaintiffs' Motion for Leave to File the Amended Reply of [Plaintiffs] to Counterclaims and Wingerter's Cross Claim against Gerber. The Clerk of the Court is directed to file the Amended Reply [Answer] found at docket #26-3. Defendant shall respond in accordance with Fed. R. Civ. P. 15. By Magistrate Judge Michael E. Hegarty on 1/7/2010. (mehcd)
December 17, 2009 Opinion or Order Filing 24 MINUTE ORDER denying without prejudice 22 the Stipulated Motion for Entry of Protective Order, by Magistrate Judge Michael E. Hegarty on 12/17/2009. (mehcd) Modified on 12/18/2009 to correct typographical error (ebs, ).
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Plaintiff: Donald B. Wingerter, Jr.
Represented By: John A. DeSisto
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Plaintiff: Greenhorn Ranch LLC
Represented By: John A. DeSisto
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Defendant: Allison H. Gerber
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