AB Investments LLC v. Gelbard
| AB Investments LLC |
| Allen W. Gelbard |
| 1:2010cv00046 |
| January 8, 2010 |
| US District Court for the District of Colorado |
| Denver Office |
| Jefferson |
| Boyd N. Boland |
| Walker D. Miller |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
132
OPINION AND ORDER IMPOSING SANCTIONS AND DISMISSING ACTION. The Court finds that an appropriate sanction for Mr. Gelbard's failure to comply with the December 8 deadline is the striking of his affirmative defenses, albeit with a recognition tha t striking is without prejudice to those defenses being asserted in any other action between the parties. Those defenses are therefore STRICKEN. Such a sanction warrants the Court sua sponte revisiting its ruling on the 99 Plaintiff's Amended Motion to Dismiss, finding that in the absence of affirmative defenses by Mr. Gelbard, there is no impediment to dismissing the Plaintiff's sole breach of contract claim against Mr. Gelbard without prejudice. The Court thus VACATES that portion of its 104 Minute Order that denied the Plaintiff's Motion to Dismiss and instead GRANTS that motion. The remaining claim in this action is DISMISSED WITHOUT PREJUDICE. There being no further claims to adjudicate in this case, all further settings are VACATED, and the Clerk of the Court is directed to close this case, by Judge Marcia S. Krieger on 01/09/2012. (wjc, )
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Filing
104
MINUTE ENTRY for Final Pretrial Conference held before Judge Marcia S. Krieger on 10/20/2011. 97 ; 99 Motions to Dismiss are DENIED. Matters addressed and deadlines imposed are set forth in the Minutes. Further Final Pretrial Conference set for 11/17/2011 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. (Court Reporter: Paul Zuckerman) (mskcd)
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Filing
93
TRIAL PREPARATION ORDER - CIVIL: Final Pretrial Conference set for 10/19/2011 at 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. by Judge Marcia S. Krieger on 8/30/11. (msksec, )
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Filing
87
ORDER ON PENDING MOTIONS. Plaintiff's 50 Motion for Summary Judgment on its First Claim for Relief for Breach of Contract is denied. Plaintiff's 52 Request for Judicial Notice in Support of Motion for Summary Judgment is denied without prejudice. Plaintiff's 75 Motion to Dismiss without Prejudice the Second and Third Causes of Action Asserted in Plaintiff's Complaint is granted. By Judge Walker D. Miller on 7/21/11.(mnf, )
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Filing
86
ORDER : Proposed Pretrial Order due by 9/5/2011. Final Pretrial Conference reset for 9/12/2011 11:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 7/12/11. (bnbcd, )
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Filing
73
ORDER : the plaintiff shall file a motion for default and default judgment pursuant to Rule 55, Fed. R. Civ. P., on or before May 13, 2011, by Magistrate Judge Boyd N. Boland on 5/11/11. (bnbcd, )
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Filing
61
ORDER: re: 53 Unopposed Motion to Withdraw as Counsel for Defendant Allen W. Gelbard is GRANTED. Laura J. Hazen and the law firm of Ireland Stapleton Pryor & Pascoe, PC, are relieved of any further responsibility in the case, by Magistrate Judge Boyd N. Boland on 1/6/11. (bnbcd, )
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Filing
49
MINUTE ORDER: granting 47 Joint Motion to Amend Certain SchedulingOrder Deadlines. The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before November 12, 20 10; Discovery Cut-off for the limited purpose of the parties serving responses to written discovery is extended to and including November 22, 2010; Dispositive Motion deadline is extended to and including December 10, 2010, by Magistrate Judge Boyd N. Boland on 11/5/10.(bnbcd, )
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Filing
38
ORDER denying 14 Defendant Gelbard's Motion for an Order for Change of Venue and Transfer of this Action from the District to the Central District of California, by Judge Walker D. Miller on 10/14/10.(ebs, )
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Filing
36
ORDER: The Settlement Conference set for 10/13/10 at 1:30 p.m. is vacated, by Magistrate Judge Boyd N. Boland on 10/7/10. (ebs, )
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Filing
3
ORDER Scheduling Conference set for 3/11/2010 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 1/15/10. (ebs, )
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| Plaintiff: AB Investments LLC | |
| Represented By: | Leslie Ann Eaton |
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| Defendant: Allen W. Gelbard | |
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