Kirzhner v. Silverstein et al
Ilona Kirzhner |
David Silverstein, Evergreen Industries, Inc., David Silverstein Investments, LLC and DSI Investments, LLC |
1:2009cv02858 |
December 7, 2009 |
US District Court for the District of Colorado |
Denver Office |
XX US, Outside State |
Walker D. Miller |
Boyd N. Boland |
Plaintiff |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
Plaintiff |
Available Case Documents
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Filing 358 ORDER GRANTING STIPULATED MOTION TO DISMISS WITH PREJUDICE. By Judge R. Brooke Jackson on 7/9/2012.(sahsl, ) |
Filing 338 MINUTE ENTRY for Trial Preparation Conference held before Judge R. Brooke Jackson on 5/4/2012. ORDERED: Plaintiff to file a response to Defendant's Motion In Limine To Limit Testimony Regarding Fraudulent Concealment Doc.# 335 no later than May 11, 2012. GRANTED IN PART AND DENIED IN PART 336 Motion in Limine; DENIED 337 Motion to Amend/Correct/Modify. Trial Preparation Conference continued to 5/16/2012 at 8:00 AM in Courtroom A-702 before Judge R. Brooke Jackson. (Court Reporter: Kara Spitler) (lag) |
Filing 334 ORDER. Defendants motion for partial reconsideration 321 is GRANTED. The Court reverses the portion of its order of January 12, 2012 that granted plaintiffs motion 21 by Judge R. Brooke Jackson on 4/10/2012.(sahsl, ) |
Filing 318 ORDER. Plaintiffs Motion to Strike or Exclude Testimony of Defendants Proffered Expert J. William Callison 225 is GRANTED in PART and DENIED in PART as premature. By Magistrate Judge Boyd N. Boland on 2/7/2012.(sah, ) |
Filing 315 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Boyd N. Boland on 2/6/2012. ORDERED: Schafer documents 14, 15 and 16 shall be produced in their current, redacted form with the single exception that the last redaction on Page 15 be rem oved. The documents are to be produced to the defendant by the close of business on February 10, 2012. Taking under advisement 225 Motion to Strike. Settlement Conference set for 3/22/2012 1:30 PM in Courtroom A401 before Magistrate Judge Boyd N. Boland. (FTR: Laura Galera) (lag) |
Filing 313 MINUTE ORDER: granting 311 Unopposed Motion to Vacate and Re-Set January 26, 2012 Hearing. Motion Hearing reset for 2/6/2012 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 1/24/12.(bnbcd, ) |
Filing 306 ORDER denying 172 Plaintiff's First Fee Application; granting 173 Plaintiff's Second Fee Application; denying 174 Plaintiffs Third Fee Application; granting 184 Plaintiffs Fourth Fee Application, by Magistrate Judge Boyd N. Boland on 1/17/12.(lsw, ) |
Filing 305 ORDER on Pending Motions. Granting in part and denying in part 180 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; granting 221 Motion for Partial Summary Judgment; granting in part and denying in part 227 Motion for Summary Judgment; granting in part and denying in part 228 Motion for Summary Judgment; denying 278 Motion to Strike; denying 299 Motion to Alter Judgment, by Judge R. Brooke Jackson on 1/12/12.(lsw, ) |
Filing 293 ORDER Granting 80 Plaintiffs Motion to Dismiss the Defendants Amended Counterclaims ; Denying 113 Defendants Motion to Dismiss the Amended Complaint by Judge Christine M. Arguello on 9/20/2011.(erv, ) |
Filing 281 ORDER denying 158 Defendant BMGI Corporations Motion to Consolidate, by Judge Christine M. Arguello on 8/15/2011.(erv, ) |
Filing 218 ORDER : re: 204 MOTION for Protective Order filed by David Mansfield, is denied as abandoned. 144 MOTION for Protective Order Concerning Illegal Recordings and request For Evidentiary Hearing filed by BMGI Corporation, David Silverstein Investments, LLC, David Silverstein, Evergreen Industries, Inc., BMGI Holdings, LLC, DSI Investments, LLC is granted in part, by Magistrate Judge Boyd N. Boland on 6/13/11. (bnbcd, ) |
Filing 214 ORDER: re: 211 The email is STRICKEN; Mr. Mansfield shall not send communications directly to my chambers unless otherwise instructed; and All future applications to the court must be submitted in the form of a motion and in compliance with the federal rules of procedure, local rules, and this order, by Magistrate Judge Boyd N. Boland on 5/19/11. (bnbcd, ) |
Filing 201 ORDER granting in part and denying in part 188 Motion for Protective Order, The deposition of Mr. Mansfield shall not occur on May 1, 2011, and need not occur in Colorado; granting 190 Motion to Extend, The discovery cut-off is extended to and including June 3, 2011, solely to allow the deposition of Mr. Mansfield to be completed, and the dispositive motion deadline is extended to June 24, 2011. by Magistrate Judge Boyd N. Boland on 5/9/2011.(erv, ) |
Filing 164 ORDER: granting 135 Motion for Protective Order; denying 136 Plaintiffs Motion to Compel Relevant Financial Documents. Denying 143 BMGI, Inc.s Motion to Compel Production of Documents Responsive to Subpoena or, In the Alternative, for an In Cam era Review. denying 151 Defendants Joint Motion for In Camera Review and to Compel Productionof Documents Produced as KIRZ151-160. Denying 154 Defendants Joint Motion for Designation of Confidential RestrictedInformation Pursuant to Protective Order, by Magistrate Judge Boyd N. Boland on 4/5/11.(bnbcd, ) |
Filing 140 PROTECTIVE ORDER: by Magistrate Judge Boyd N. Boland on 3/11/11. (bnbcd, ) |
Filing 134 ORDER: denying 129 Motion for Protective Order, by Magistrate Judge Boyd N. Boland on 3/7/11.(bnbcd, ) |
Filing 131 ORDER denying 121 Defendant David Silversteins Motion for Leave to File Second Amended Counterclaim by Magistrate Judge Boyd N. Boland on 3/2/2011.(erv, ) |
Filing 110 ORDER: re: 90 Joint MOTION for Sanctions for an Order Compelling the Disclosure of Off-Record Discussions With the Witness and Compelling the Continued Deposition of Timothy J. Schafer filed by Evergreen Industries, Inc. is GRANTED IN PART and DENI ED IN PART as follows: GRANTED to require the continued deposition of Timothy J. Schafer, which shall occur in my jury suite at a date and time as the parties may agree; and DENIED in all other respects, by Magistrate Judge Boyd N. Boland on 12/17/10. (bnbcd, ) |
Filing 109 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Hearing held on 12/16/2010.Granting in part and denying in part 90 Defendants joint motion for sanctions, for an order compelling the disclosure of off-record discussions with the witness and compelling the continued deposition of Timothy J. Schafer. (FTR: G.Mattei) (bnbcd, ) |
Filing 104 MINUTE ORDER: granting 100 Plaintiffs Unopposed Motion to Amend the Scheduling Order. Granting 101 Plaintiffs Unopposed Motion t Amend the Complaint to Add Claims and Join Parties. The Clerk of the Court is directed to accept for filing the First Amended Complaint [Doc. # 101-2], by Magistrate Judge Boyd N. Boland on 12/13/10.(bnbcd, ) |
Filing 86 ORDER: Denying re: 83 MOTION to Compel Responses to Written Discovery filed by Ilona Kirzhner. Granting 77 MOTION for Extension of Time to File Expert Disclosures filed by Ilona Kirzhner. Discovery due by 4/29/2011. Dispositive Motions due by 5 /13/2011. The parties shall designate all experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before March 1, 2011 (b) The parties shall designate all rebuttal experts and provide opposing counsel wi th all information specified in Fed. R. Civ. P. 26(a)(2) on or before April 1, 2011 Proposed Pretrial Order due by 7/6/2011. Final Pretrial Conference reset for 7/13/2011 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 11/18/10. (bnbcd, ) |
Filing 73 MINUTE ORDER :granting 70 Unopposed Motion for Leave to File Amended Counterclaims. The Clerk of the Court is directed to accept for filing Defendant David Silversteins First Amended Counterclaim [Doc. # 70-1], by Magistrate Judge Boyd N. Boland on 10/21/10.(bnbcd, ) |
Filing 61 ORDER: denying 42 Plaintiffs Motion to Disqualify Marc Pappalardo as Counsel for David Silverstein, David Silverstein Investments, LLC, and DSI Investments, LLC In This Matter Motion to Disqualify Counsel, by Magistrate Judge Boyd N. Boland on 7/28/10.(bnbcd, ) |
Filing 60 ORDER : denying as moot 35 Defendants Motion for Rule 26(c) Protective Order Concerning All Discovery Pending Consideration of Defendants Rule 11 Sanctions Motion on the Contract and Fraud Claims and the Motions to Dismiss; granting 54 Plaintiffs Partially Unopposed Motion to Extend Discovery Deadlines and to Re-Schedule Settlement Conference. Discovery due by 2/4/2011. Dispositive Motions due by 2/4/2011. The parties shall designate all experts on or before November 1, 2010 The parties sh all designate all rebuttal experts on or before December 1, 2010. Each party shall submit a confidential settlement statement on or before August 20, 2010. Proposed Pretrial Order due by 3/11/2011. Final Pretrial Conference set for 3/18/2011 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 7/27/10.(bnbcd, ) |
Filing 59 ORDER granting in part and denying in part 3 David Silverstein and David Silverstein Investments, LLC and DSI Investments, LLC's Motion to Dismiss; granting in part and denying in part 7 Defendant Evergreen Industries, Inc.'s Motion to Dismiss. Plaintiffs breach of contract claim for damages (Claim 1) is dismissed with prejudice to the extent it is asserted against Defendant David Silverstein, but not dismissed to the extent it is asserted against Defendant BMGI. Plaintiffs claim for breach of express agreement of good faith and fair dealing by Silverstein (Claim 2) is dismissed with prejudice. Denying 26 Defendants David Silverstein, David Silverstein Investments, LLC and DSI Investments, LLCsMotion for Sanctions; denying 29 Defendant Evergreen Industries, Inc.'s Motion for Sanctions, by Judge Christine M. Arguello on 7/23/10.(gms, ) |
Filing 53 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 5/7/2010. Taking under advisement 42 Motion to Disqualify Counsel. (Court Reporter FTR - Kathleen Finney) (klmcd) |
Filing 48 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: taking under advisement 35 Motion for Protective Order; Motion Hearing held on 4/26/2010. Defendants motion for Rule 26(c) protective order concerning all discovery pending consideration of defendants Rule 11 sanctions motion on the contract and fraud claims and the motions to dismiss (Doc # 35 ; filed 4/5/10) is taken under advisement. (Court Reporter FTR-G.Mattei) (bnbcd, ) |
Filing 11 ORDER: Scheduling Conference set for 2/4/2010 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 12/29/09. (bnbcd, ) |
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