BOOMER DEVELOPMENT, LLC et al v. NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES
| BOOMER DEVELOPMENT, LLC, SKYWATCH GROUP, DAVIS CONTRACTING AND DEVELOPMENT, INXC., SIERRA'S GLEN PARTNERS II, BILTMORE DEVELOPMENT, LLC, COTSWOLD HOMES, LLC, SIERRA'S GLEN PARTNERS V, LP, CONCORD DEVELOPMENT CO., LLC, BLOOMFIELD CONSTRUCTION, INC. and THOMAS DOSTAL DEVELOPERS, INC. |
| NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES |
| 1:2016cv02225 |
| November 7, 2016 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 88888 |
| Rudolph Contreras |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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Filing 108
ORDER of USCA (certified copy) as to #104 Notice of Appeal to DC Circuit Court filed by BOOMER DEVELOPMENT, LLC ; USCA Case Number 22-7059. (znmw)
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Filing 107
NOTICE OF WITHDRAWAL OF MOTION by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES re #106 Bill of Costs (Scully, Elizabeth)
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USCA Case Number 22-7059 for #104 Notice of Appeal to DC Circuit Court filed by BOOMER DEVELOPMENT, LLC. (ztth)
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Filing 106
WITHDRAWN PURSUANT TO NOTICE FILED ON 5/23/2022.....BILL OF COSTS by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. Objection to Bill of Costs due by 5/16/2022. (Scully, Elizabeth) Modified on 5/23/2022 (ztth).
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Filing 105
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re #104 Notice of Appeal to DC Circuit Court. (ztth)
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Filing 104
NOTICE OF APPEAL TO DC CIRCUIT COURT by BOOMER DEVELOPMENT, LLC. Filing fee $ 505, receipt number ADCDC-9192799. Fee Status: Fee Paid. Parties have been notified. (Schiffman, Steven)
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Filing 103
Consent MOTION for Extension of Time to File Bill of Costs by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Scully, Elizabeth)
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MINUTE ORDER granting #103 Unopposed Consent Motion to Extend Filing of Bill of Costs. It is hereby ORDERED that Defendant shall file its bill of costs on or before April 29, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 4/15/2022. (lcrc3)
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MINUTE ORDER: It is hereby ORDERED that the parties shall file notices identifying, and explaining the basis for, any proposed redactions to #102 the Court's Memorandum Opinion on or before April 27, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 3/28/2022. (lcrc3)
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Filing 102
SEALED MEMORANDUM OPINION granting #67 , #68 , #69 , #70 , #73 , #74 , #75 , #76 NAHBs motions for summary judgment; denying #79 NAHBs motion in limine; and denying #87 Daviss motion to amend. (See document for details) (This document is SEALED and only available to authorized persons.)(Signed by Judge Rudolph Contreras on 3/25/2022)(tj)
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Filing 101
ORDER granting #67 , #68 , #69 , #70 , #73 , #74 , #75 , #76 NAHBs motions for summary judgment; denying #79 NAHBs motion in limine; and denying #87 Davis' motion to amend. (See document for details) (Signed by Judge Rudolph Contreras on 3/25/2022)
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Filing 100
REPLY re #76 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Supplement NAHB'S RESPONSE TO SKYWATCH GROUP AND COTSWOLD HOMES, LLC'S ADDITIONAL MATERIAL FACTS AS TO WHICH THERE IS A GENUINE ISSUE, #2 Declaration DECLARATION OF ELIZABETH A. SCULLY, #3 Exhibit EXHIBIT A)(Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Filing 99
REPLY re #70 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Supplement NAHB'S RESPONSE TO SIERRA'S GLEN PARTNERS II AND SIERRA'S GLENN PARTNERS V, LP'S ADDITIONAL MATERIAL FACTS AS TO WHICH THERE IS A GENUINE ISSUE, #2 Declaration DECLARATION OF ELIZABETH A. SCULLY, #3 Exhibit EXHIBIT A, #4 Exhibit EXHIBIT B)(Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Filing 98
REPLY re #79 MOTION in Limine TO EXCLUDE TESTIMONY OF STEPHEN GREENSPAN, Ph.D. filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Filing 97
REPLY re #75 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Supplement NAHB'S RESPONSE TO DOSTAL DEVELOPERS, INC.'S ADDITIONAL MATERIAL FACTS AS TO WHICH THERE IS A GENUINE ISSUE, #2 Declaration DECLARATION OF ELIZABETH A. SCULLY, #3 Exhibit EXHIBIT A)(Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Filing 96
REPLY re #73 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Supplement NAHB'S RESPONSE TO DAVIS CONTRACTING AND DEVELOPMENT, INC.'S ADDITIONAL MATERIAL FACTS AS TO WHICH THERE IS A GENUINE ISSUE, #2 Declaration DECLARATION OF ELIZABETH A. SCULLY, #3 Exhibit EXHIBIT A, #4 Exhibit EXHIBIT B)(Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Filing 95
REPLY re #69 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Supplement NAHB'S RESPONSE TO CONCORD DEVELOPMENT, LLC'S ADDITIONAL MATERIAL FACTS AS TO WHICH THERE IS A GENUINE ISSUE, #2 Declaration DECLARATION OF ELIZABETH A. SCULLY, #3 Exhibit EXHIBIT A)(Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Filing 94
REPLY re #74 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Supplement NAHB'S RESPONSE TO BOOMER DEVELOPMENT, LLC'S ADDITIONAL MATERIAL FACTS AS TO WHICH THERE IS A GENUINE ISSUE, #2 Declaration DECLARATION OF ELIZABETH A. SCULLY, #3 Exhibit EXHIBIT A)(Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Filing 93
REPLY re #68 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Supplement NAHB'S RESPONSE TO BLOOMFIELD CONSTRUCTION, INC.'S ADDITIONAL MATERIAL FACTS AS TO WHICH THERE IS A GENUINE ISSUE, #2 Declaration DECLARATION OF ELIZABETH A. SCULLY, #3 Exhibit EXHIBIT A)(Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Filing 92
REPLY re #67 MOTION for Summary Judgment filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Supplement DEFENDANT NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES' REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF BILTMORE DEVELOPMENT, LLC, #2 Declaration DECLARATION OF ELIZABETH A. SCULLY, #3 Exhibit EXHIBIT A)(Scully, Elizabeth) Modified event title on 7/1/2021 (znmw).
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Set/Reset Deadlines: Defendant's reply in support of its motion in limne due by 7/2/2021. (zgdf)
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MINUTE ORDER granting #91 Defendant's Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendant's reply in support of its motion in limine shall be filed on or before July 2, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 5/29/2021. (lcrc3)
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Filing 91
Unopposed MOTION for Extension of Time to File Response/Reply as to #79 MOTION in Limine by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order Draft Order)(Scully, Elizabeth)
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Filing 90
Memorandum in opposition to re #87 MOTION to Amend/Correct #53 Amended Complaint filed by DAVIS CONTRACTING AND DEVELOPMENT, INXC filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order Draft Order)(Scully, Elizabeth)
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Filing 89
Memorandum in opposition to re #79 MOTION in Limine filed by BOOMER DEVELOPMENT, LLC. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Schiffman, Steven)
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Filing 88
SEALED DOCUMENT filed by CONCORD DEVELOPMENT CO., LLC re #85 Sealed Opposition,,,, (This document is SEALED and only available to authorized persons.)(Schiffman, Steven)
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Filing 87
MOTION to Amend/Correct #53 Amended Complaint filed by DAVIS CONTRACTING AND DEVELOPMENT, INXC.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A)(Schiffman, Steven)
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Filing 86
SEALED OPPOSITION filed by DAVIS CONTRACTING AND DEVELOPMENT, INXC.. re #73 MOTION for Summary Judgment (Attachments: #1 Statement of Facts Counter, #2 Text of Proposed Order, #3 Declaration, #4 Appendix, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52)(Schiffman, Steven)
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Filing 85
SEALED OPPOSITION filed by CONCORD DEVELOPMENT CO., LLC. re #69 MOTION for Summary Judgment (Attachments: #1 Statement of Facts Counter, #2 Declaration, #3 Text of Proposed Order, #4 Appendix, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52)(Schiffman, Steven)
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Filing 84
SEALED OPPOSITION filed by BILTMORE DEVELOPMENT, LLC. re #67 MOTION for Summary Judgment (Attachments: #1 Statement of Facts Counter, #2 Text of Proposed Order, #3 Declaration, #4 Appendix, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51)(Schiffman, Steven)
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Filing 83
Consent MOTION for Order to seal Doc. 77 & 78 Pursuant to Protective Order by BOOMER DEVELOPMENT, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Schiffman, Steven)
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Filing 82
SEALED OPPOSITION filed by BLOOMFIELD CONSTRUCTION, INC.. re #68 MOTION for Summary Judgment (Attachments: #1 Statement of Facts Counter, #2 Text of Proposed Order, #3 Declaration, #4 Appendix, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51)(Schiffman, Steven)
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Filing 81
SEALED OPPOSITION filed by SIERRA'S GLEN PARTNERS II. re #70 MOTION for Summary Judgment (Attachments: #1 Statement of Facts Counter, #2 Text of Proposed Order, #3 Declaration, #4 Appendix, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52)(Schiffman, Steven)
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Filing 80
SEALED OPPOSITION filed by SKYWATCH GROUP. re #76 MOTION for Summary Judgment (Attachments: #1 Statement of Facts Counter, #2 Declaration, #3 Text of Proposed Order, #4 Appendix, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52)(Schiffman, Steven)
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Filing 79
MOTION in Limine by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Memorandum in Support MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT, #2 Text of Proposed Order PROPOSED ORDER, #3 Exhibit EXHIBIT 1, #4 Exhibit EXHIBIT 2, #5 Exhibit EXHIBIT 3, #6 Exhibit EXHIBIT 4)(Scully, Elizabeth)
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Filing 76
MOTION for Summary Judgment by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit)(Scully, Elizabeth)
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Filing 75
MOTION for Summary Judgment by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit)(Scully, Elizabeth)
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Filing 74
MOTION for Summary Judgment by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit)(Scully, Elizabeth)
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Filing 73
MOTION for Summary Judgment by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit)(Scully, Elizabeth)
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Filing 72
NOTICE by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES re #68 MOTION for Summary Judgment (Scully, Elizabeth)
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Filing 71
NOTICE by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES re #67 MOTION for Summary Judgment (Scully, Elizabeth)
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Filing 70
MOTION for Summary Judgment by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit)(Scully, Elizabeth)
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Filing 69
MOTION for Summary Judgment by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Scully, Elizabeth)
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Filing 68
MOTION for Summary Judgment by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit)(Scully, Elizabeth)
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Filing 67
MOTION for Summary Judgment by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order, #2 Statement of Facts, #3 Memorandum in Support, #4 Declaration, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit)(Scully, Elizabeth)
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MINUTE ORDER: It is hereby ORDERED that any motions for summary judgment shall be filed on or before March 12, 2021; any opposition briefs shall be filed on or before May 12, 2021; and any reply briefs shall be filed on or before July 2, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/13/2021. (lcrc3)
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Minute Entry for proceedings held before Judge Rudolph Contreras: Status Conference held on 1/13/2021. Parties inform the court of the status of this action. The following briefing schedule is adopted: Summary Judgment motions due by 3/12/2021; Response to Motion for Summary Judgment due by 5/12/2021; Reply to Motion for Summary Judgment due by 7/2/2021. (Court Reporter: Lisa Edwards. (tj)
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MINUTE ORDER: It is hereby ORDERED that the status conference currently scheduled for January 13, 2021 shall be converted to a telephonic hearing. Specific call-in instructions will follow via email. SO ORDERED. Signed by Judge Rudolph Contreras on 1/8/2021. (lcrc3)
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MINUTE ORDER granting #66 Motion for Extension of Time. It is hereby ORDERED that Defendant's deadline to designate any expert to address Plaintiffs' respective damages claims is extended until after the Court rules on Defendant's motion for summary judgment; to the extent any of Plaintiffs' claims survive summary judgment, within ten days of receiving the Court's ruling, Defendant shall submit to the Court a proposed schedule for Defendant's designation of a damages expert and deadline to complete any discovery related to such designated expert. SO ORDERED. Signed by Judge Rudolph Contreras on 10/14/2020. (lcrc3)
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Filing 66
Unopposed MOTION for Extension of Time to Designate Expert by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Text of Proposed Order)(Scully, Elizabeth)
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MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference before the Court on January 13, 2021 at 10:00 a.m. in Courtroom 14. It is FURTHER ORDERED that the status conference currently scheduled for January 12, 2021 is VACATED. SO ORDERED. Signed by Judge Rudolph Contreras on 06/25/2020. (lcrc3)
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Set/Reset Deadlines: Discovery due by 12/18/2020. Plaintiff Rule 26(a)(2) due by 8/6/2020. Defendant Rule 26(a)(2) due by 10/23/2020. (tj)
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MINUTE ORDER granting #65 Motion for Extension of Time to Complete Discovery. It is hereby ORDERED that the following schedule shall govern discovery in this matter: Plaintiff's expert disclosures and reports shall be served by August 6, 2020; Defendant's expert disclosures and reports shall be served by October 23, 2020; fact and expert discovery shall conclude by December 18, 2020; and the parties shall appear for a status conference before the Court on January 12, 2021 at 10:00 a.m. in Courtroom 14. It is FURTHER ORDERED that the status conference currently scheduled for November 12, 2020 is VACATED. SO ORDERED. Signed by Judge Rudolph Contreras on 06/09/2020. (lcrc3)
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Filing 65
Joint MOTION for Extension of Time to Complete Discovery by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Text of Proposed Order)(Scully, Elizabeth)
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Set/Reset Deadlines/Hearings: Discovery due by 6/5/2020. Plaintiff Rule 26(a)(2) due by 7/6/2020. Defendant Rule 26(a)(2) due by 9/23/2020. Status Conference set for 11/12/2020 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)
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Filing 64
Consent MOTION for Extension of Time to Complete Discovery by BILTMORE DEVELOPMENT, LLC, BLOOMFIELD CONSTRUCTION, INC., BOOMER DEVELOPMENT, LLC, CONCORD DEVELOPMENT CO., LLC, COTSWOLD HOMES, LLC, DAVIS CONTRACTING AND DEVELOPMENT, INXC., SIERRA'S GLEN PARTNERS II, SIERRA'S GLEN PARTNERS V, LP, SKYWATCH GROUP, THOMAS DOSTAL DEVELOPERS, INC. (Attachments: #1 Text of Proposed Order Proposed Order)(Schiffman, Steven)
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MINUTE ORDER granting #64 the parties' consent motion to extend the discovery period. It is hereby ORDERED that the following schedule shall govern discovery in this matter: Fact discovery shall conclude by June 5, 2020; Plaintiffs' expert disclosures and reports shall be served by July 6, 2020; Defendant's expert disclosures and reports shall be served by September 23, 2020; discovery related to experts shall conclude by November 3, 2020; and the parties shall appear for a status conference before the Court on November 12, 2020 at 10:00 AM in Courtroom 14. It is FURTHER ORDERED that the status conference currently scheduled for August 12, 2020 is VACATED. SO ORDERED. Signed by Judge Rudolph Contreras on February 12, 2020. (lcrc3)
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MINUTE ORDER: Status conference currently scheduled for 12/9/19 @ 10am before the undersigned, is hereby VACATED due to the court's scheduling order dated 8/9/19. (So Ordered Judge Rudolph Contreras on 12/3/19) (tj)
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Filing 63
SCHEDULING ORDER: See document for details. Signed by Judge Rudolph Contreras on August 9, 2019. (lcrc3)
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Set/Reset Deadlines/Hearings: Discovery due by 3/6/2020. Plaintiff Rule 26(a)(2) due by 4/7/2020. Defendant Rule 26(a)(2) due by 6/24/2020. Status Conference set for 8/12/2020 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)
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Filing 62
Joint STATUS REPORT by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Text of Proposed Order)(Scully, Elizabeth)
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Filing 61
Joint MOTION to Stay pending Mediation by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Exhibit proposed order)(Scully, Elizabeth)
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MINUTE ORDER granting #61 Joint Motion to Stay Pending Mediation: It is hereby ORDERED that the motion is GRANTED, and that this case is STAYED for sixty days. The parties shall file a joint status report by August 9, 2019. Signed by Judge Rudolph Contreras on June 20, 2019. (lcrc2)
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Set/Reset Deadlines: Status Report due by 8/9/2019 (tj)
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Set/Reset Deadlines:Fact Discovery due by 8/9/2019; Plaintiff Rule 26(a)(2) due by 8/9/2019; Defendant Rule 26(a)(2) due by 10/25/2019; Status Report due by 7/8/2019: Status Conference set for 12/9/2019 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)
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Filing 60
Joint MOTION for Extension of Time to Complete Discovery by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Text of Proposed Order)(Scully, Elizabeth)
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MINUTE ORDER granting #60 the parties' Joint Motion for Extension of Time to Complete Discovery. It is hereby ORDERED that the following schedule shall govern discovery in this matter: Fact discovery shall conclude by August 9, 2019; Plaintiffs' expert disclosures and reports shall be served by August 9, 2019; Defendant's expert disclosures and reports shall be served by October 25, 2019; discovery related to experts shall conclude by December 6, 2019; and the parties shall appear for a status conference before the Court on December 9, 2019 at 10:00 AM in Courtroom 14. It is FURTHER ORDERED that the status conference currently scheduled for July 8, 2019 is VACATED. Instead, the parties shall submit a joint status report on July 8, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on February 28, 2019. (lcrc3)
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Filing 59
ANSWER to #53 Amended Complaint by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES.(Scully, Elizabeth)
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Filing 58
MEMORANDUM OPINION denying #54 Motion to Dismiss: See document for details. SO ORDERED. Signed by Judge Rudolph Contreras on February 14, 2019. (lcrc2)
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Filing 57
ORDER denying #54 Motion to Dismiss: See document for details. Signed by Judge Rudolph Contreras on February 14, 2019. (lcrc2)
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Filing 56
REPLY to opposition to motion re #54 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Scully, Elizabeth)
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Filing 55
Memorandum in opposition to re #54 MOTION to Dismiss Plaintiffs' Second Amended Complaint as to Bloomfield Construction, Inc. filed by BLOOMFIELD CONSTRUCTION, INC.. (Attachments: #1 Text of Proposed Order)(Selkowitz, Larry)
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Filing 54
MOTION to Dismiss Plaintiffs' Second Amended Complaint by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Scully, Elizabeth)
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Filing 53
AMENDED COMPLAINT Second Amended Complaint against NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES filed by BLOOMFIELD CONSTRUCTION, INC..(Selkowitz, Larry)
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Filing 52
SCHEDULING ORDER: See document for details. Signed by Judge Rudolph Contreras on 4/11/2018. (lcrc3)
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Set/Reset Deadlines: Amended Pleadings due by 6/15/2018; Discovery due by 3/9/2019; Status Conference set for 7/8/2019 at 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (tj)
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Filing 51
ANSWER to #37 Amended Complaint, by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES.(Scully, Elizabeth)
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Filing 50
MEET AND CONFER STATEMENT. (Scully, Elizabeth)
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Filing 49
MEMORANDUM OPINION granting in part and denying in part #38 Defendant's Partial Motion to Dismiss Amended Complaint; denying #40 Defendant's Motion to Sever Claims and Parties: See document for details. Signed by Judge Rudolph Contreras on 3/26/2018. (lcrc3)
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Filing 48
ORDER granting in part and denying in part #38 Defendant's Partial Motion to Dismiss Amended Complaint; denying #40 Defendant's Motion to Sever Claims and Parties: See document for details. Signed by Judge Rudolph Contreras on 3/26/2018. (lcrc3)
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Filing 47
REPLY to opposition to motion re #40 MOTION to Sever Claims and Parties filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Attachments: #1 Affidavit Declaration of Elizabeth A. Scully and Exhibits A-D)(Scully, Elizabeth)
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Filing 46
Memorandum in opposition to re #40 MOTION to Sever Claims and Parties filed by BILTMORE DEVELOPMENT, LLC, BLOOMFIELD CONSTRUCTION, INC., BOOMER DEVELOPMENT, LLC, CONCORD DEVELOPMENT CO., LLC, COTSWOLD HOMES, LLC, DAVIS CONTRACTING AND DEVELOPMENT, INXC., SIERRA'S GLEN PARTNERS II, SIERRA'S GLEN PARTNERS V, LP, SKYWATCH GROUP, THOMAS DOSTAL DEVELOPERS, INC.. (Attachments: #1 Text of Proposed Order)(Selkowitz, Larry)
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Filing 45
ORDER granting #42 Joint Consent Motion for Protective Order: See document for details. Signed by Judge Rudolph Contreras on 9/11/2017. (lcrc3)
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Filing 44
REPLY to opposition to motion re #38 MOTION to Dismiss Defendant's Partial Motion to Dismiss Amended Complaint filed by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Scully, Elizabeth)
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Filing 43
RESPONSE re #38 MOTION to Dismiss Defendant's Partial Motion to Dismiss Amended Complaint Points and authorities in opposion to defendant's partial motion to dismiss filed by THOMAS DOSTAL DEVELOPERS, INC.. (Attachments: #1 Text of Proposed Order)(Selkowitz, Larry)
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Filing 42
Consent MOTION for Protective Order jointly made by Plaintiffs and by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Text of Proposed Order)(Scully, Elizabeth)
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Set/Reset Deadlines: Defendant's Reply due by 9/12/2017. Plaintiff's Response due by 9/15/2017. (hs)
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Filing 41
MOTION for Extension of Time to File Response/Reply as to #38 MOTION to Dismiss Defendant's Partial Motion to Dismiss Amended Complaint, #40 MOTION to Sever Motion for Extension of time to respond to Defendant's Motion to Sever Claims and Parties by BILTMORE DEVELOPMENT, LLC, BLOOMFIELD CONSTRUCTION, INC., BOOMER DEVELOPMENT, LLC, CONCORD DEVELOPMENT CO., LLC, COTSWOLD HOMES, LLC, DAVIS CONTRACTING AND DEVELOPMENT, INXC., SIERRA'S GLEN PARTNERS II, SIERRA'S GLEN PARTNERS V, LP, SKYWATCH GROUP, THOMAS DOSTAL DEVELOPERS, INC. (Attachments: #1 proposed order)(Selkowitz, Larry)
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MINUTE ORDER granting #41 Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file a reply in support of its partial motion to dismiss on or before September 12, 2017. It is FURTHER ORDERED that Plaintiffs shall file a response to Defendant's Motion to Sever Claims and Parties on or before September 15, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 8/28/2017. (lcrc3)
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Filing 40
MOTION to Sever by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Text of Proposed Order)(Scully, Elizabeth)
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MINUTE ORDER granting #39 Defendant's Consent Motion to Extend Deadline to Answer Amended Complaint: It is hereby ORDERED that Defendant shall file an answer to the amended complaint within fourteen days following entry of the Court's decision on the Defendant's pending Partial Motion to Dismiss Amended Complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 8/21/2017. (lcrc3) Modified event title on 8/22/2017 (znmw).
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Filing 39
Consent MOTION for Extension of Time to File Answer Amended Complaint by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Text of Proposed Order)(Scully, Elizabeth)
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Filing 38
MOTION to Dismiss Defendant's Partial Motion to Dismiss Amended Complaint by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Attachments: #1 Memorandum in Support Of Partial Motion to Dismiss Amended Complaint, #2 Text of Proposed Order)(Scully, Elizabeth)
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NOTICE OF ERROR re #37 Amended Complaint; emailed to lbs@gnessinlaw.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. In future, select ALL parties represented in the filing. Do not refile. (znmw, )
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Filing 37
AMENDED COMPLAINT against NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES filed by BILTMORE DEVELOPMENT, LLC, BLOOMFIELD CONSTRUCTION, INC., BOOMER DEVELOPMENT, LLC, CONCORD DEVELOPMENT CO., LLC, COTSWOLD HOMES, LLC, DAVIS CONTRACTING AND DEVELOPMENT, INXC., SIERRA'S GLEN PARTNERS II, SIERRA'S GLEN PARTNERS V, LP, SKYWATCH GROUP, THOMAS DOSTAL DEVELOPERS, INC.. (Selkowitz, Larry) Modified to add filers on 7/31/2017 (znmw).
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Set/Reset Deadlines: Amended Pleadings due by 7/28/2017. Answer due by 8/18/2017, Plaintiff Rule 26(a)(1) due by 9/1/2017. Defendant Rule 26(a)(1) due by 9/1/2017. (tj)
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Filing 36
SCHEDULING ORDER: See document for details. Signed by Judge Rudolph Contreras on 7/5/2017. (lcrc3)
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Filing 35
Joint STATUS REPORT by BILTMORE DEVELOPMENT, LLC, BLOOMFIELD CONSTRUCTION, INC., BOOMER DEVELOPMENT, LLC, CONCORD DEVELOPMENT CO., LLC, COTSWOLD HOMES, LLC, DAVIS CONTRACTING AND DEVELOPMENT, INXC., SIERRA'S GLEN PARTNERS II, SIERRA'S GLEN PARTNERS V, LP, SKYWATCH GROUP, THOMAS DOSTAL DEVELOPERS, INC.. (Selkowitz, Larry)
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Filing 34
MEMORANDUM OPINION granting in part and denying in part #10 Defendant's Motion to Dismiss. See document for details. Signed by Judge Rudolph Contreras on 6/16/2017. (lcrc3)
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Filing 33
ORDER granting in part and denying in part #10 Defendant's Motion to Dismiss. See document for details. Signed by Judge Rudolph Contreras on 6/16/2017. (lcrc3)
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Filing 32
Joint STATUS REPORT by NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES. (Scully, Elizabeth)
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Filing 31
First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Larry B. Selkowitz, :Firm- The Law Offices of Alan M. Gnessin, :Address- 2080 Linglestown Road, Suite 201, Harrisburg, Pennsylvania 17110. Phone No. - (717) 635-2909. Fax No. - (717) 540-5481 Fee Status: No Fee Paid. by BOOMER DEVELOPMENT, LLC (Attachments: #1 Declaration Declaration in Support of Pro Hac Vice Motion, #2 Text of Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice)(Vande Sande, Thomas)
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Filing 30
First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Steven J. Schiffman, :Firm- Schiffman, Sheridan & Brown, P.C., :Address- 2080 Linglestown Road, Suite 201, Harrisburg, Pennsylvania 17110. Phone No. - (717) 540-9170. Fax No. - (717) 540-5481 Fee Status: No Fee Paid. by BOOMER DEVELOPMENT, LLC (Attachments: #1 Declaration Declaration in Suport of Pro Hac Vice Motion, #2 Text of Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice)(Vande Sande, Thomas)
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Filing 29
NOTICE of Appearance by BOOMER DEVELOPMENT, LLC (Vande Sande, Thomas) Modified on 12/21/2016 to correct docket event (jf).
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MINUTE ORDER granting #30 #31 Motions for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Steven J. Schiffman and Larry B. Selkowitz are admitted to represent Plaintiffs pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 12/21/2016. (lcrc3)
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Filing 28
ORDER directing the parties to meet and confer and jointly submit proposals to govern further proceedings before this Court. See document for details. Signed by Judge Rudolph Contreras on 12/8/2016. (lcrc3)
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Filing 27
NOTICE of Appearance by Elizabeth Anne Scully on behalf of NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES (Scully, Elizabeth)
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Filing 26
Case transferred in from District of Pennsylvania Middle; Case Number 1:16-cv-01414. Original file certified copy of transfer order and docket sheet received. Modified on 11/8/2016 (zrdj).
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Filing 25
ORDER: In accord with the Memorandum #24 filed this date; 1. The mtn to dismiss is GRANTED to the extent the court finds that it lacks personal jurisdiction over the dft but DENIED to the extent dft seeks dismissal on that basis.2. The Clerk of Court is directed to TRANSFER this case to the USDC for the District of Columbia.3. The court defers resolution of the balance of dfts mtn (Doc. 10) pursuant to Civil Rule of Procedure 12(b)(6) to the transferee court. Signed by Chief Judge Christopher C. Conner on 11/4/16. (ma) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 24
MEMORANDUM re. Mtn to dismiss #10 (Order to follow as separate docket entry)Signed by Chief Judge Christopher C. Conner on 11/4/16. (ma) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 23
ORDER granting deft's consent motion #22 for leave to file amended reply brief, deemed filed as of 9/2/16. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/6/16. (ki) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 22
Consent MOTION for Leave to File Amended Reply Brief by National Association of Home Builders of the United States. (Attachments: #1 Proposed Order, #2 Memo Amended Repl Brief, #3 Declaration of James Rizzo, #4 Exhibit(s) A to Rizzo Declatation, #5 Exhibit(s) B to Rizzo Declaration, #6 Unpublished Opinion(s), #7 Unpublished Opinion(s))(Scully, Elizabeth) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 21
REPLY BRIEF re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by National Association of Home Builders of the United States. (Attachments: #1 Declaration of James Rizzo, #2 Exhibit(s) A to Rizzo Declaration, #3 Exhibit(s) B to Rizzo Declaration, #4 Unpublished Opinion(s) Exhibit 2A, #5 Unpublished Opinion(s) Exhibit 2B)(Scully, Elizabeth) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 20
BRIEF IN OPPOSITION re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Boomer Development, LLC. (Attachments: #1 Exhibit(s) Affidavit of Andy Hutchison, #2 Exhibit(s) Affidavit of Ian Castaneira, #3 Proposed Order denying Motion to Dismiss)(Schiffman, Steven) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 19
ORDER granting pltf's consent motion #18 for leave to file brief in excess of 5,400 words in opp to deft's MTD. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/11/16. (ki) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 18
Consent MOTION Leave to File Brief in Excess of 5,000 Words by Boomer Development, LLC. (Attachments: #1 Proposed Order)(Schiffman, Steven) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 17
CASE MANAGEMENT ORDER (STANDARD TRACK) - Sets forth case management instructions, guidelines & pretrial/trial schedule, inc. - Fact Discovery due by 4/3/2017; Final Pretrial Conference set for 9/20/2017 @ 11:00 AM in Harrisburg - Jury Room 2; Dispositive Motions due by 5/3/2017; Motions in Limine due by 8/10/17; Pretrial Memos due by noon on 9/13/2017; Non-Jury Trial set for 9/25/2017 @ 09:30 AM in Harrisburg - Courtroom 2 before Chief Judge Christopher C. Conner. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 8/9/16. (ki) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 15
ORDER granting joint motion to stay fact discovery & Rule 26 disclosure obligations #14 pending resolution of deft's MTD. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/9/16. (ki) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 14
Joint MOTION to Stay Discovery by Plaintiffs and by National Association of Home Builders of the United States.(Scully, Elizabeth) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 13
CASE MANAGEMENT PLAN Joint Plan by Boomer Development, LLC. (Selkowitz, Larry) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 12
ORDER granting deft's consent motion #9 for leave to file brief in excess of 5000 words in supp of its MTD. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/2/16. (ki) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 11
BRIEF IN SUPPORT re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by National Association of Home Builders of the United States. (Attachments: #1 Declaration, #2 Unpublished Opinion(s))(Scully, Elizabeth) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 10
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by National Association of Home Builders of the United States.(Scully, Elizabeth) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 9
Consent MOTION For Leave to File Brief In Excess of 5,000 Words by National Association of Home Builders of the United States. (Attachments: #1 Proposed Order)(Duffy, Jeffry) [Transferred from Pennsylvania Middle on 11/8/2016.]
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DOCKET ANNOTATION: Petitioner, Elizabeth Scully, and Associate Counsel bar status verified. (pjr) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 8
SPECIAL ADMISSIONS FORM APPROVED as to Elizabeth A. Scully, Esquire.Signed by Chief Judge Christopher C. Conner on 7/20/16. (ki) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 7
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Elizabeth A Scully on behalf of National Association of Home Builders of the United States Attorney Elizabeth Scully is seeking special admission. Filing fee $ 50, receipt number 0314-3817896., filed by on behalf of National Association of Home Builders of the United States.(Scully, Elizabeth) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 6
COUNTY COURT RECORD from Dauphin County Prothonotary Office. (Attachments: #1 Part 2)(pjr) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 5
ORDER granting deft's consent motion for ext of time #4 for deft to file MTD by 8/1/16. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/14/16. (ki) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 4
Consent MOTION for Extension of Time to File Motion to Dismiss by National Association of Home Builders of the United States. (Attachments: #1 Proposed Order)(Duffy, Jeffry) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 3
SCHEDULING ORDER setting Initial Case Management Conference for 8/9/2016 @ 11:00 AM - placement of the telephone conference call is the responsibility of the plaintiffs. ( See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/12/16. (ki) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 2
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by National Association of Home Builders of the United States. (Duffy, Jeffry) [Transferred from Pennsylvania Middle on 11/8/2016.]
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Filing 1
NOTICE OF REMOVAL by National Association of Home Builders of the United States from Court of Common Pleas of Dauphin County, case number 2015CV9749CV. (Filing fee $ 400 receipt number 0314-3807886)filed by National Association of Home Builders of the United States. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(pjr) [Transferred from Pennsylvania Middle on 11/8/2016.]
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