Tachibana et al vs. Colorado Mountain Development, Inc. et al.
Plaintiff: Puanani Blake, Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun, Mark Scribner, Yvette C. Scribner, Robert R. Bray, Johanne Bray, Alva E. Blake and Helen Puanani Blake
Defendant: Colorado Mountain Development, Inc. doing business as Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, William Hannah, Doe Defendants 1-20, DOE Corporations 1-20, Doe Partnerships 1-20, Doe Governmental Agencies 1-20, Doe Agencies 1-20, Other Entities 1-20, C.M.D. Management, Inc., 3D Resorts, Inc., Bank of America, N.A. and Jerry Dunn, in his Personal Capacity
Cross Defendant: Lone Oak Land Development Company, L.P. and Lone Oak Land Development, L.P.
Counter Claimant: Colorado Mountain Development, Inc.
Case Number: 1:2007cv00364
Filed: July 6, 2007
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: MARVIN E ASPEN
Referring Judge: BARRY M KURREN
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 2, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2015 Opinion or Order Filing 532 Mail Returned as Undeliverable as to WILLIAM HANNAH; 2104 SOUTH ARTHUR A VENUE;LOVELAND, CO 80537. re ECF NO. #531 (Attachments: #1 Mailing Documentation) (eps )
October 19, 2015 Opinion or Order COURT'S CERTIFICATE of Service - #531 Stipulation for Dismissal and Order has been served by First Class Mail to WILLIAM HANNAH @ 2520 SHIELDS ST., FT COLLINS, CO 80524-1084 and WILLIAM HANNAH @ 2104 SOUTH ARTHUR AVENUE, LOVELAND, CO 80537. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps )
October 9, 2015 Opinion or Order Filing 531 STIPULATION for Dismissal OF ALL REMAINING CLAIMS AND PARTIES; ORDER by JUDGE MARVIN E ASPEN submitted on behalf of Lisa Tachibana. (eps )
August 10, 2015 Opinion or Order Filing 529 Mail Returned as Undeliverable as to William Hannah @ 2104 South Arthur Ave, Loveland, CO 80537 as to ECF NO. #528 . (eps )
July 28, 2015 Opinion or Order Filing 528 ORDER (Final Status Conference set for 12/4/2015 10:00 AM before MARVIN E. ASPEN.). Signed by MARVIN E. ASPEN on 07/28/2015. Counsel for the parties, along with Hannah, shall appear in person for a status hearing on December 4, 2015. We will strike the hearing if Hannah provides his signature page, and if the parties file their stipulated dismissal, on or by October 1, 2015. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 28, 2015 Opinion or Order COURT'S CERTIFICATE of Service - #528 Order has been served by First Class Mail to William Hannah @ 2520 SHIELDS ST, FT COLLINS, CO 80524-1084 and 2104 SOUTH ARTHUR AVENUE LOVELAND, CO 80537 on 07/28/2015. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps )
June 2, 2015 Opinion or Order Filing 526 Mail Returned as Undeliverable re ECF NO. #525 to: WILLIAM HANNAH; 2104 SOUTH ARTHUR A VENUE; LOVELAND, CO 80537. (Attachments: #1 Mailing Documentation) (eps )
May 19, 2015 Opinion or Order Filing 525 ORDER. Signed by MARVIN E. ASPEN on 05/19/2015. The parties to file the fully-executed Stipulation on or by July 20, 2015 (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 19, 2015 Opinion or Order COURT'S CERTIFICATE of Service - #525 Order has been served by First Class Mail to the addresses of record on William Hannah @ 2104 South Arthur Avenue Loveland, CO 80537 and William Hannah @ 2520 SHIELDS ST, FT COLLINS, CO 80524-1084. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps )
April 7, 2015 Opinion or Order Filing 523 Mail Returned as Undeliverable as to William Hannah, re ECF NO. #521 . (Attachments: #1 Mailing Documentation) (eps )
March 30, 2015 Opinion or Order Filing 522 Mail Returned as Undeliverable as to William Hannah. re #519 (Attachments: #1 Mailing Documentation) (eps)
March 24, 2015 Opinion or Order Filing 521 ORDER re #519 , 520 - Signed by MARVIN E. ASPEN on 3/24/2015. "Pursuant to the parties' joint request, as described in counsel's March 20, 2015 letter, I am striking the status conference previously scheduled for March 25, 2015. The parties report that the Settlement Agreement has been fully executed. They shall file their stipulation of dismissal on or by April 30, 2015. It is so ordered." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 3/24/2015 William Hannah, Esq. served by first class mail at the address of record and at 2520 Shields St., Fort Collins, CO 80524-1084.(emt, ).
February 26, 2015 Opinion or Order Filing 519 ORDER ( Further Status Conference set for 3/25/2015 09:00 AM before MARVIN E. ASPEN.). Signed by MARVIN E. ASPEN on 02/26/2015. A further status conference is hereby set for Wednesday, March 25, 2015, at 9:00 a.m. Hawaii time. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 26, 2015 Opinion or Order COURT'S CERTIFICATE of Service - #519 Order served by First Class Mail to: William Hannah @ 2104 South Arthur Avenue Loveland, CO 80537 and William Hannah @ 2520 SHIELDS ST FT COLLINS, CO 80524-1084. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps )
February 9, 2015 Opinion or Order Filing 518 Mail Returned as Undeliverable as to William Hannah; 2104 South Arthur Avenue Loveland, CO 80537 re #516 . (eps) (Additional attachment(s) added on 2/9/2015: #1 Mailing Documentation) (eps, ).
January 29, 2015 Opinion or Order Filing 517 Mail Returned as Undeliverable as to William Hannah as to #514 Order. (Attachments: #1 Mailing Documentation) (eps)
January 5, 2015 Opinion or Order Filing 516 ORDER. Signed by MARVIN E. ASPEN on 1/5/2015. ~ **( Status Conference set for 2/27/2015 10:00 AM before MARVIN E. ASPEN.) Pursuant to the parties' joint request, as described in counsel's December 30, 2014 #515 letter, I am extending the deadline for the parties to execute the Settlement Agreement. A further status conference is hereby set for Friday, February 27, 2015 at 10:00 a.m. The presence of counsel is required only if the case is not disposed of. The client who has not signed the documents should be present in the courtroom. An appropriate motion should be brought on February 27, 2015 if the issueswith Mr. Hannah have not been resolved. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participant William Hannah who is not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 1/5/2015 (ecs, ).
December 30, 2014 Opinion or Order Filing 515 Letter dated 12/30/2014 to Honorable Marvin E. Aspen, from Phillip R. Brown with attachment re #514 Order - filed by Roger Braun, Johanne Bray, Robert R. Bray, Lisa Tachibana. (ecs, )
December 29, 2014 Opinion or Order Filing 514 ORDER. Signed by MARVIN E. ASPEN on 12/29/2014.Excerpt of Order: "The parties are further ordered to advise the Court on the record forthwith as to whether the Settlement Agreement has been signed by all parties, including pro se defendant William Hannah. In addition to filing their status update, the parties shall fax a copy...to chambers (312-554-8515)." related: Minutes of November 24, 2014 Status Conference hearing: docket entry no. #513 . (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on December 30, 2014.
November 24, 2014 Opinion or Order Filing 513 EP: Final Status Conference held on 11/24/2014. Counsel updated the Court. The bankruptcy case has been resolved. The Settlement Agreement has been circulated and counsel are attempting to locate pro se defendant William Hannah to obtain his approval. Counsel anticipate the documents will be signed within thirty days as long as there are no issues with Mr. Hannah. Further Final Status Conference set 1/12/15 at 10:00am before Judge Aspen. The presence of counsel is required only if the case is not disposed of. The client who has not signed the documents should be present in the courtroom. An appropriate motion should be brought on 1/12/15 if the issues with Mr. Hannah have not been resolved. (Court Reporter Ann Matsumoto) ( MARVIN E. ASPEN)(sna, )No COS issued for this docket entry
June 16, 2014 Opinion or Order Filing 512 Mail Returned as Undeliverable. Mail sent to William Hannah 2104 South Arthur Avenue, Loveland, CO 80537 (gab, )
June 12, 2014 Opinion or Order Filing 511 EP: Further Status Conference held on 6/12/2014. Final Status Conference set for 11/24/2014 at 10:00 AM before MARVIN E. ASPEN. (Court Reporter Ann Matsumoto) ( MARVIN E. ASPEN)(wnn, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 20, 2014 Opinion or Order Filing 510 EO:Further Status Conference (Telephonic Hearing) set for 5/23/2014 is hereby continued to Thursday, June 12, 2014 at 10:00 a.m. (Hawaii Time) before MARVIN E. ASPEN. (Judge Aspen is not available on 5/23/2014) ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 6, 2014 Opinion or Order Filing 509 EO: Further (Telephonic) Status Conference set for 5/8/2014 is hereby continued to 5/23/2014 at 10:00 AM (Hawaii time) (3:00PM-Chicago Time) before JUDGE MARVIN E. ASPEN. Judge Aspen is not available on 5/8/2014. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 5, 2014 Opinion or Order Filing 508 EO: Further Telephonic Status Conference Hearing set for 3/6/2014 is hereby continued to Thursday, 5/8/2014 at 09:00 AM (Hawaii Time) and 2:00 p.m. (Chicago Time) before JUDGE MARVIN E. ASPEN. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 17, 2013 Opinion or Order Filing 506 EP: Further Status Conference -Judge Aspen and all counsel participated telephonically.Further discussion held re: status of the case.Mr. Brown requests additional time in order to complete the agreements.A Further Status Conference is set for 3/6/14 @ 10:00 a.m. (Hawaii Time).Please Note-William Hannah, Pro Se did not participate in the Further Status Conference. The Telephone Number listed on the Docket for Mr. Hannah is not in Service.Telephone Conference held on 12/17/2013. Status Conference set for 3/6/2014 10:00 AM before MARVIN E. ASPEN. (Court Reporter Debra Chun.) ( MARVIN E. ASPEN)(tbf, )No COS issued for this docket entry
October 22, 2013 Opinion or Order Filing 505 EO:Further Status Conference (Telephonic Hearing) set for 11/5/2013 is hereby continued 12/17/2013 at 10:00 AM (Hawaii Time) before JUDGE MARVIN E. ASPEN. Judge Aspen is unavailable on 11/5/2013. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 23, 2013 Opinion or Order Filing 504 EP: AMENDED MINUTES as to Further Status Conference Held on 9/19/2013(Telephonic Hearing) (ECF Doc. 503] Oral Discussion Held.Discussion of Bankruptcy Proceedings as to Mr. Dunn.Per Plaintiffs' Counsel, Philip R. Brown, although the Parties are not prepared at this time to place a settlement on the record, Counsel is cooperating with Defendants to reach an agreement in which all Parties agree to a walk away resulting in the dismissal of this action with all Parties to bear their own attorneys fees and costs. Mr. Brown will be working with all Counsel on a mutually acceptable agreement and, if successful will be submitting to the Court a Stipulation for Dismissal. A Further Status Conference (Telephonic Hearing) is set for 11/5/2013 at 10:00 a.m. (Hawaii Time) which is 2:00 p.m. (Chicago Time) Please Note-William Hannah, Pro Se did not participate in the Further Status Conference. The Telephone Number listed on the Docket for Mr. Hannah is not in Service.. (Court Reporter Cynthia Fazio.) ( MARVIN E. ASPEN)(lls, )No COS issued for this docket entry
September 19, 2013 Opinion or Order Filing 503 EP:Status Conference held on 9/19/2013. Further Status Conference (Telephonic Hearing) Oral Discussion Held. Discussion of Bankruptcy Proceedings as to Mr. Dunn. Plaintiffs Counsel stated for the record that the Plaintiffs will walk away from this case with all remaining Parties paying their own Attorney Fees. Mr. Brown will be working on submitting to the Court the Stipulation for Dismissal. A Further Status Conference (Telephonic Hearing) is set for 11/5/2013 at 10:00 a.m. (Hawaii Time) which is 2:00 p.m. (Chicago Time)Please Note-William Hannah, Pro Se did not participate in the Further Status Conference. The Telephone Number listed on the Docket for Mr. Hannah is not in Service. (Court Reporter Cynthia Fazio.) ( MARVIN E. ASPEN)(lls, )No COS issued for this docket entry
June 20, 2013 Opinion or Order Filing 502 NOTICE of Change of Address by Michael C. Carroll on behalf of Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Carroll, Michael)
June 13, 2013 Opinion or Order Filing 501 NOTICE of Withdrawal of Attorney Paul S. Aoki; and Certificate of Service Bank of America, N.A.. (Chow, Connie)
February 28, 2013 Opinion or Order Filing 500 Mail Returned as Undeliverable- Moved left no address Unable to forward. Mail sent to William Hannah 2104 South Arthur Avenue, Loveland CO 80537. LETTER to Mr. Hannah from CRM requesting update as to present phone number and address and service of #499 Minutes. (ecs, ) Modified on 3/6/2013 (ecs, ).
February 14, 2013 Opinion or Order Filing 499 EP: Further Status Conference held on 2/14/2013. Oral Discussion Held. Discussion of Bankruptcy Proceedings as to Mr. Dunn A Further Status Conference (Telephonic Hearing) is set for 9/19/2013 at 10:00 a.m. (Hawaii Time) which is 2:00 p.m. (Chicago Time) Please Note-William Hannah, Pro Se did not participate in the Further Status Conference. The Telephone Number listed on the Docket for Mr. Hannah is not in Service. (Court Reporter Ann Matsumoto.) ( MARVIN E. ASPEN)(lls, )No COS issued for this docket entry
August 31, 2012 Opinion or Order Filing 498 Mail Returned as Undeliverable - Mail #495 sent to Robert A. Muckenfuss, 100 North Tryon Street, Suite 2900 (ecs, ) Modified file date on 9/10/2012 (ecs, ). (ecs, ).
August 24, 2012 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #486 Order and #491 Order has been served by First Class Mail to Robert A. Muckenfuss and Robert Matthew Pearson, McGuire Woods, LLP, 201 N. Tryon Street, Suite 3000 Charlotte, NC 28202 on 8/24/2012. (ecs, )
August 24, 2012 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #495 Order has been served by First Class Mail to Robert A. Muckenfuss and Robert Matthew Pearson, McGuire Woods, LLP 201 N. Tryon Street, Suite 3000 Charlotte, NC 28202 on 8/24/2012. (ecs, )
August 23, 2012 Opinion or Order Filing 497 CERTIFICATE OF SERVICE by Bank of America, N.A. re #496 Notice of Change of Address (Chow, Connie)
August 23, 2012 Opinion or Order Filing 496 NOTICE of Change of Address by Connie Chow on behalf of Bank of America, N.A.. (Chow, Connie)
August 23, 2012 Opinion or Order Filing 495 ORDER. Signed by MARVIN E. ASPEN on 8/23/2012. re #490 Motion FOR ORDER FROM THE COURT RECOGNIZING THE AUTOMATIC STAY PENDING BANKRUPTCY PURSUANT TO 11 U.S.C. 362 RE DEFENDANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC. ~ Presently before us is a motion filed by Defendants Jerry Dunn and Colorado Mountain Development, Inc. (CMD), asking that we judicially recognize the automatic stay in effect while their bankruptcies remain pending. (Dkt. No. 490.) They also ask that we confirm that they are not obligated to participate in further pretrial proceedings or the trial in this matter currently set for February 11, 2013. Given the broad nature of the automatic stay imposed by 11 U.S.C. 362(a), we hereby grant the motion. Per Plaintiff' request, we also stay this matter in its entirety until the bankruptcies are resolved or the stay otherwise lifted. We thus strike the trial date along with all related pretrial deadlines. The parties must advise us as soon as the bankruptcy court enters any order affecting the stay with respect to either Dunn or CMD. In addition, a telephonic status call is scheduled for Thursday, February 14, 2013 at 2 p.m. Chicago time. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 20, 2012 Opinion or Order Filing 494 Mail #491 Returned as Undeliverable. Mail sent to Robert A. Muckenfuss, 100 North Tryon Street, Suite 2900 - Not deliverable as addressed, Unable to Forward. (ecs, )
August 13, 2012 Opinion or Order Filing 492 STATEMENT re #490 MOTION FOR ORDER FROM THE COURT RECOGNIZING THE AUTOMATIC STAY PENDING BANKRUPTCY PURSUANT TO 11 U.S.C. 362 RE DEFENDANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC. filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
August 6, 2012 Opinion or Order Filing 493 Mail Returned as Forward Time Exp - Mail #491 sent to Robert Matthew Pearson. Resent to New Address 201 N. Tryon St #3000, Charlotte, NC 28202-2146. (Attachments: #1 Order) (ecs, ) Modified on 8/13/2012 (ecs, ).
August 6, 2012 Opinion or Order Filing 491 ORDER re #490 Motion for Order from the Court Recognizing the Automatic Stay Pending Bankruptcy Pursuant to 11 U.S.C. 362 re Defendants Jerry Dunn and Colorado Mountain Development, Inc. Signed by MARVIN E. ASPEN on 8/6/2012. ~ We received the Motion for Order from the Court Recognizing the Automatic Stay Pending Bankruptcy filed by Defendants Jerry Dunn and Colorado Mountain Development, Inc. (CMD). (Dkt. No. #490 ) Dunn and CMD seek judicial recognition of the automatic stays entered by the United States Bankruptcy Court for the District of Colorado. They also ask us to confirm that they are not obligated to participate in pretrial proceedings and/or the trial scheduled to begin February 11, 2013. Plaintiffs, or any party wishing to respond to the motion, shall file a response no later than Monday, August 13, 2012. In their response, Plaintiffs shall indicate how they plan to proceed in the event that we enter the order requested by Dunn and CMD. Dunn and CMD may file a reply no later than August 20, 2012. This order does not alter any other pretrial deadlines, including the telephonic status conference scheduled for September 27, 2012. All of the above filings should be filed electronically via CM/ECF. On the date of the above filings, the parties shall also fax a copy thereof to chambers (312-554-8515). It is so ordered. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 31, 2012 Opinion or Order Filing 490 MOTION FOR ORDER FROM THE COURT RECOGNIZING THE AUTOMATIC STAY PENDING BANKRUPTCY PURSUANT TO 11 U.S.C. 362 RE DEFENDANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC. David R. Major appearing for Defendant Jerry Dunn, in his Personal Capacity (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of David R. Major, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Certificate of Service)(Major, David)
July 30, 2012 Opinion or Order Filing 489 Mail Returned to Sender - Undeliverable as Addressed, Unable to Forward. Mail sent to Robert A. Muckenfuss, Bank of America Corporate Center, 100 North Tryon Street, Suite 2900. (Attachments: #1 Order #486 ) (ecs, )
July 26, 2012 Opinion or Order Filing 488 NOTICE of Filing Bankruptcy by David R. Major on behalf of Colorado Mountain Development, Inc.. (Attachments: #1 Exhibit A, #2 Main Document Certificate of Service)(Major, David)
July 19, 2012 Opinion or Order Filing 487 TRANSCRIPT of Proceedings Further Status Conference held on July 12, 2012, - before Judge Marvin E. Aspen. Court Reporter/Transcriber Gloria T. Bediamol, Telephone number (808) 541-2060. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 8/6/2012. Redacted Transcript Deadline set for 8/16/2012. Release of Transcript Restriction set for 10/15/2012. pp. 10. (gb@hid.uscourts.gov)
July 19, 2012 Opinion or Order Filing 486 ORDER. Signed by MARVIN E. ASPEN on 7/19/2012. ~ The parties shall submit a revised pretrial order on or by Wednesday, September 12, 2012. Motions in limine shall be filed no later than 9/28/2012. Responses thereto shall be due on or by 10/12/2012, with reply briefs due on or by 10/19/2012. A telephonic status call is scheduled for Thursday, 9/27/2012 at 2 p.m. Chicago time. Pretrial conference is tentatively set for Monday, 2/11/2013 at 9:00 am and the jury trial will commence immediately thereafter. Filings should be filed electronically via CM/ECF. On the date of the above filings, the parties shall also fax a copy thereof to chambers. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 12, 2012 Opinion or Order Filing 485 EP: Status Conference held on 7/12/2012. (Telephonic Hearing)Oral Argument Held.Discussion of Court Hearing before Judge Brown-Bankruptcy Judge as to Mr. Dunns Bankruptcy Proceedings.This Court will proceed to Trial in this matter.Counsel will meet and confer as to Jury Instructions that would be submitted in this case.A Pretrial Order including a set of the Jury Instructions will be submitted by 9/12/2012.A Further Status Conference (Telephonic Hearing) is set for 9/27/2012 at 9:00 a.m. (Hawaii Time) which is 2:00 p.m. (Chicago Time) (Court Reporter Gloria Bediamol.) ( MARVIN E. ASPEN)(lls, )No COS issued for this docket entry
January 23, 2012 Opinion or Order Filing 484 EP: Status Conference held on 1/23/2012. Pro Se Defendant William Hannah present by phone. Mr. Carroll advised the Court that the bankruptcy is still pending and his client is looking to file bankruptcy on behalf of Colorado Mountain. No Proof of Claim has been filed yet. Mr. Brown advised the Court that Andrew Toft is the attorney for Plaintiffs in the bankruptcy action and he may seek an extension to file a claim. Further Status Conference, by phone, set 7/12/12 at 9:00am before Judge Aspen.(Court Reporter Ann Matsumoto.) ( MARVIN E. ASPEN)(sna, )No COS issued for this docket entry
November 18, 2011 Opinion or Order Filing 482 EP: PreTrial Conference and Settlement Conference held on 11/18/2011. Plaintiffs Albert Leong, Roger Braun, Lawrence Tachibana and Lisa Tachibana are present.Defendant 3 D Resorts, Inc. Represenatives William Bill Palmer and Susan Shapiro are present.Oral Discussion held as to conducting a Settlement Conference today, Bifurcation of the Case and the Trial Date, the Notice of Filing Bankruptcy as to Defendant Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity and the Trial Date presently set for 1/23/2012. The present Trial Date of 1/23/2012 is hereby vacated.Status Conference set for 1/23/2012 at 10:00 a.m. (Hawaii Time) before the Honorable Marvin Aspen. This will be a telephonic conference with all Counsel and the Pro Se Defendant William Hannah participating. (Leslie Sai, Courtroom Manager will make all arrangements for the telephonic conference) Counsel are to submit a Joint PreTrial Order for Courts review by 1/10/2012. (Court Reporter Katherine Eismann.) ( MARVIN E. ASPEN)(lls, )No COS issued for this docket entry
November 7, 2011 Opinion or Order Filing 481 EO: Judge Aspen will proceed with the Settlement/Pretrial Conference date set for November 18, 2011, and decide what shall be done in light of the bankruptcy filing. (Doc. 480) ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 3, 2011 Opinion or Order Filing 480 NOTICE of Filing Bankruptcy by Michael C. Carroll on behalf of Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Attachments: #1 Exhibit A, #2 Certifidate of Service)(Carroll, Michael)
October 11, 2011 Opinion or Order Filing 479 STATEMENT of Prior Settlement Discussions filed by 3D Resorts, Inc.. (Shea, Patrick)
July 12, 2011 Opinion or Order Filing 478 EO: Pretrial Conference and Settlement Conference set for 10/25/2011 are hereby continued to 11/18/2011 at 09:00 AM before MARVIN E. ASPEN. This continuance was because of an unavoidable judicial conflict. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 31, 2011 Opinion or Order Filing 477 ORDER . Signed by MARVIN E. ASPEN on 5/31/2011. ~ Parties shall appear on Tuesday, October 25, 2011 at 9 a.m for a settlement conference and possibly to schedule dates for the submission of pretrial materials. On or by Tuesday, October 11, 2011, the parties shall submit separate memoranda, no longer than three pages, describing the history of prior settlement discussions. On the date of the above filings, the parties shall fax a copy thereof to Judge Aspen's chambers (312-554-8515). **( Scheduling Conference set for 10/25/2011 09:00 AM before MARVIN E. ASPEN.)(ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 5, 2011 Opinion or Order Filing 476 MEMORANDUM OPINION AND ORDER. #403 . Signed by MARVIN E. ASPEN on 4/5/2011. ~ On January 13, 2009, Plaintiffs Lawrence Tachibana, et al., filed a sixteen-count amended complaint against the following defendants: (1) Colorado Mountain Development, Inc., d/b/a Lone Oak Land Development Company, L.P.; (2) Lone Oak Land Management, LLC; (3) C.M.D. Management, Inc.; (4) 3D Resorts, Inc.; (5) William Hannah; (6) Bank of America, N.A.; and (7) Jerry Dunn. In the present motion, Defendants Colorado Mountain Development, Inc. (CMD) and Jerry Dunn (collectively Defendants) seek summary judgment on all ten counts against them, which include: (1) Breach of Implied Covenant of Good Faith and Fair Dealing (Count IV); (2) Intentional Misrepresentation/Fraud (Count V); (3) Negligent Misrepresentation (Count VI); (4) Detrimental Reliance (Count VII); (5) Unfair and Deceptive Trade Practices, H.R.S. 480-2 (Count VIII); (6) Hawaii Land Sales Practices Act, H.R.S. Ch. 484 (Count IX); (7) Fraud, Fraudulent Concealment and Deceit (Count X); (8) Rescission (Count XI); (9) Alter Ego (Count XII); and (10) Fraudulent Transfer (Count XV). * We hereby grant the motion in part and dismiss Count IV (Breach of the Implied Covenant of Good Faith and Fair Dealing) as against CMD and Count XI (Rescission) as against both Dunn and CMD. Counts VII (Detrimental Reliance) and XV (Fraudulent Transfer) are dismissed as against Dunn. We deny the motion as to all other pending claims against Dunn and CMD. All other claims against Dunn and CMD remain pending for trial. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 5, 2011 Opinion or Order Filing 475 MEMORANDUM OPINION AND ORDER. #275 , #277 . Signed by MARVIN E. ASPEN on 4/5/2011. ~ We grant Lisa Tachibana's motion in full. We grant Lawrence's motion as to the indemnification claim, as well as the abandoned subrogation and reimbursement theories. We deny Lawrence's motion as to the contribution claim to the extent that it is based on Plaintiffs' underlying cause of action for negligent misrepresentation. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 5, 2011 Opinion or Order Filing 474 MEMORANDUM OPINION and ORDER . #369 , #397 , #297 , #409 . Signed by MARVIN E. ASPEN on 4/5/2011. ~ . We adopt in part Judge Kurren's Recommendation that we enter a default judgment against Hannah. We reject the Recommendation to the extent that it purported to grant default judgment in favor of CMD. We enter the default judgment only in favor of Dunn but decline to address the scope of appropriate remedies at this time. We will revisit this issue if and when it ripens. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 4/5/2011 (ecs, ).
February 24, 2011 Opinion or Order Filing 473 EP: Discussion held. #275 PLAINTIFF LAWRENCE TACHIBANA'S MOTION FOR SUMMARY JUDGMENT is TAKEN UNDER SUBMISSION. #277 PLAINTIFF LISA TACHIBANA'S MOTION FOR SUMMARY JUDGMENT is TAKEN UNDER SUBMISSION. #403 DEFENDANT COLORADO MOUNTAIN DEVELOPMENT, INC. AND JERRY DUNN'S MOTION FOR SUMMARY JUDGMENT is TAKEN UNDER SUBMISSION. Jury trial set for January 23, 2012 before MARVIN E. ASPEN. Estimated trial days: 2 weeks. Pretrial filings are held in abeyance. Court shall contact parties after ruling on the pending motions. Court will arrange for a settlement conference. Court shall prepare a written order. (Court Reporter Cynthia Fazio) ( MARVIN E. ASPEN)(mrf)No COS issued for this docket entry Modified on 2/28/2011 (ecs, ).
January 7, 2011 Opinion or Order Filing 472 NOTICE of Hearing on Motion #403 Defendants Colorado Mountain Development, Inc. and Jerry Dunn, in his Personal Capacity's MOTION for Summary Judgment, #275 Plaintiff Lawrence Tachimbana's First MOTION for Summary Judgment and #277 Plaintiff Lisa Tachibana's First MOTION for Summary Judgment set for hearing on 2/25/2011 is now being moved to 2/24/2011 at 09:00 AM before MARVIN E. ASPEN. The hearing will take place at the U.S. Courthouse in Honolulu, Hawaii.(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
January 4, 2011 Opinion or Order Filing 471 EP: Further Status Conference held on 1/4/2011. #275 First Motion for Summary Judgment, #277 First Motion for Summary Judgment and #403 Motion for Summary Judgment-All these Motions are fully Briefed and will be set for Oral Argument on 2/25/2011 @9:00 a.m. before Judge Aspen. The Hearing on the Motions will take place here in Honolulu, Hawaii. As to #416 Appeal of Magistrate Judge Decision to District Court-This Matter is also fully Briefed. Court will decided if the Appeal will be set for hearing or the Court will rule on this matter with a Oral Hearing. Length of Trial will be 2 Weeks.Court indicated that if this case went to Trial it would be set for sometime in the Fall of 2011. (Court Reporter Katherine Eismann.) ( MARVIN E. ASPEN)(lls, )No COS issued for this docket entry Modified on 7/7/2011 (ecs, ).
December 30, 2010 Opinion or Order Filing 469 STIPULATION FOR DISMISSAL OF CROSSCLAIMS AND BANK OF AMERICA, N.A.'s COUNTERCLAIM AGAINST LAWRENCE TACHIBANA and LISA TACHIBANA; ORDER. Excerpts of stipulation: ~ The Tachibanas withdraw their Motion for Summary Judgment (doc nos. #275 , #277 ). COUNTERCLAIMS (doc no. #135 ) by BOA against Lawrence Tachibana and Lisa Tachibana are dismissed without prejudice. CROSSCLAIMS by BOA (doc. no. #135 ) against Colorado Mountain Development, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc., 3D Resorts, Inc., William Hannah and Jerry Dunn, in his personal capacity are dismissed without prejudice. CROSSCLAIMS by Jerry Dunn against BOA (doc no. #177 ) are dismissed without prejudice. CROSSCLAIMS by 3D Resorts, Inc., Lone Oak Land Development Company, LP, Lone Oak Land Management, LLC, and C.M.D. Management, Inc. against BOA (doc no. #231 ) are dismissed without prejudice. ALL OTHER CLAIMS REMAIN THE SAME. As a result of this stipulation and the Order Granting Defendant Bank of America's Motion for Summary Judgment (doc no. #449 ), THERE ARE NO CLAIMS PENDING by or against BOA. The terms of this stipulation shall be incorporated into the Final Judgment. ~ APPROVED AS TO FORM: CHIEF JUDGE SUSAN OKI MOLLWAY. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 30, 2010 Opinion or Order Filing 468 EO: As pending claims by and/or against Bank of America remained even after summary judgment was granted in its favor on September 24, 2010, the reassignment of this case to Judge Marvin Aspen was premature. Chief Judge Susan Mollway therefore reassigns this matter to herself for the sole reason that Judge Aspen recused based on Bank of America's inclusion in this matter. Chief Judge Mollway has received a stipulation to dismiss all remaining claims by or against Bank of America and will review the form of that stipulation. Upon approval by Chief Judge Mollway of the form of that stipulation, the stipulation will be filed. Chief Judge Mollway orders that, immediately upon the filing of the stipulation to dismiss, this case shall be reassigned to Judge Aspen. (JUDGE SUSAN OKI MOLLWAY)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 17, 2010 Opinion or Order Filing 462 EP:Status Conference held on 12/17/2010. Court and Counsel discussed the Status Of this Case. Court is awaiting the Stipulation of Dismissal as to Bank of America as to Counterclaims to be submitted for Court Approval.Discussion was held as to the following pending Motions, etc.- #275 First Motion for Summary Judgment, #277 First Motion for Summary Judgment, #403 Motion for Summary Judgment and #416 Appeal of Magistrate Judge Decision to District Court. All these matters are fully briefed.Further Status Conference continued to 1/4/2011 @8:30 a.m. before MARVIN ASPEN. At this Status Conference the Pending Motions will be given a hearing date before this Court. (Court Reporter Katherine Eismann.) ( MARVIN E. ASPEN)(lls, )No COS issued for this docket entry
October 1, 2010 Opinion or Order Filing 452 EO: Status Conference set for 12/17/2010 at 08:30 AM before MARVIN E. ASPEN. The status Conference will be held at the U.S. Courthouse Building in Honolulu, Hawaii. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 28, 2010 Opinion or Order Filing 451 ORDER REASSIGNING CASE. Case reassigned to MARVIN E. ASPEN for all further proceedings. CHIEF JUDGE SUSAN OKI MOLLWAY no longer assigned to case. PLEASE REFLECT NEW CASE NUMBER CV 07-00364 MEA-BMK ON ALL FURTHER PLEADINGS. Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/28/10. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 27, 2010 Opinion or Order Filing 450 EO: With the granting of Bank of America's motion to summary judgment, the basis for Judge Marvin Aspen's recusal has been removed. Judge Mollway will confer with Judge Aspen about whether to reassign this case to him. In the meantime, Judge Mollway administratively closes this action and terminates all pending matters to prevent any confusion about whether any party must take any action while awaiting resolution of this issue. This is an administrative matter only and in no way requires any party to take steps that would not be required absent this administrative action or to incur any additional cost. The parties retain all their rights, and no statute of limitation is affected. Upon the resolution of the issue of which judge will proceed with this case, the case will automatically be reopened without the need for any party to do anything, and all matters that were pending as of September 24, 2010, will be automatically reinstated without the need to refile any material. Any reinstated matter will be deemed to have been timely filed if originally timely filed. Thus, motions and papers supporting and opposing motions will not need to be refiled, and objections to a magistrate judge's findings and recommendation and responses to any such objections need not be refiled. The previously set hearing date of November 23 may, but need not be, assigned once again, or a different date may be set by the assigned judge or obtained by the parties through communication with the courtroom manager. The assigned judge may decide to dispose of any matter without a hearing. Briefing deadlines for any reinstated matter shall be in accordance with the court's local rules, unless briefing has been completed, briefing deadlines have passed, or other briefing deadlines are set by the assigned judge. Unless otherwise ordered, other previously ordered deadlines or schedules (that is, deadlines or schedules other than briefing deadlines for reinstated motions or relating to objections to a magistrate judge's findings and recommendation) will be automatically reinstated upon the reopening of the case.. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 24, 2010 Opinion or Order Filing 449 ORDER GRANTING DEFENDANT BANK OF AMERICA'S MOTION FOR SUMMARY JUDGMENT #345 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/24/10. ("For the foregoing reasons, summary judgment is granted in favor of BOA and against Plaintiffs.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 30, 2010 Opinion or Order Filing 448 NOTICE of Hearing on Motion #397 FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc.FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc.FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc.FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc.FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc. :. Motion Hearing set for 11/23/2010 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 27, 2010 Opinion or Order Filing 447 EO: #403 MOTION for Summary Judgment, #416 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana, #275 First MOTION for Summary Judgment, #277 First MOTION for Summary Judgment, #345 MOTION for Summary Judgment. Motion Hearing set for 11/23/2010 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 26, 2010 Opinion or Order Filing 446 MINUTE ORDER - JUDGE MARVIN E. ASPEN recused. Case reassigned to JUDGE SUSAN OKI MOLLWAY for all further proceedings. All further pleadings should reflect the case number # Civil 07-0364 SOM - BMK . Signed by MARVIN E. ASPEN on 8/26/2010. ~ For clarity, the sole basis for my disqualification is Bank of America's presence in the case. If at some point later in this case Bank of America is no longer a party and another transfer is required, I would be eligible to receive it and preside over the remaining issues in the case. For the foregoing reasons, this Court recuses itself and this case is referred for reassignment. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 13, 2010 Opinion or Order Filing 445 Pretrial Conference Statement by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
August 13, 2010 Opinion or Order Filing 444 EP: Status Conference held re: possible conflict. Hearing on #275 PLAINTIFF LAWRENCE TACHIBANA'S FIRST MOTION FOR SUMMARY JUDGMENT, #277 PLAINTIFF LISA TACHIBANA'S FIRST MOTION FOR SUMMARY JUDGMENT, #345 DEFENDANT BANK OF AMERICA, N.A.'S MOTION FOR SUMMARY JUDGMENT, and #403 DEFENDANTS COLORADO MOUNTAIN DEVELOPMENT, INC., JERRY DUNN, IN HIS PERSONAL CAPACITYS MOTION FOR SUMMARY JUDGMENT is continued. No new date set for the motions. Final Pretrial Conference not held. A further telephonic status conference is set for August 25, 2010 at 10:00 a.m. - Hawaii time, 3:00 p.m. - Illinois time. Judge Aspen to initiate the telephonic status conference call. (Court Reporter Cynthia Fazio) (MARVIN E. ASPEN)(mrf)No COS issued for this docket entry
July 30, 2010 Opinion or Order Filing 443 REPLY MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT FILED 05/18/10 CM/ECF #403 ; CERTIFICATE OF SERVICE filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Major, David) Modified to create link to motion on 8/2/2010 (ecs, ).
July 27, 2010 Opinion or Order Filing 442 Sealed Declaration of Effie Steiger in Support of Concise Statement of Facts in Support of Plaintiffs Memorandum in Opposition to Defendants Jerry Dunn and Colorado Mountain Development, Inc's Motion for Summary Judgment filed on May 18, 2010 filed by Roger Braun, Johanne Bray, Robert R. Bray, Lawrence Tachibana, Lisa Tachibana and counterclaim Defendants Lawrence Tachibana and Lisa Tachibana. (Attachments: #1 Exhibit 30, #2 Exhibit 31, #3 Exhibit 32, #4 Exhibit 33) [SEALED] (ecs, )
July 27, 2010 Opinion or Order Filing 441 ORDER Granting Plaintiffs' Motion for Leave to File the Declaration of Effie Steiger and Exhibits "30" -"33" in Support of Concise Statement of Facts in Support of Plaintiffs' Memorandum in Opposition to Defendant Jerry Dunn and Colorado Mountain Development, Inc's Motion for Summary Judgment filed on May, 18, 2010 Under Seal. #438 . Signed by Judge BARRY M. KURREN on 7/27/2010. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 26, 2010 Opinion or Order Filing 440 Errata re #431 Designation of Transcripts, #433 Designation of Transcripts, #429 Designation of Transcripts, #427 Designation of Transcripts, #430 Designation of Transcripts, #426 Designation of Transcripts, #425 Designation of Transcripts, #428 Designation of Transcripts, #432 Designation of Transcripts, #435 Designation of Transcripts, #424 Designation of Transcripts, #434 Designation of Transcripts. (Attachments: #1 Declaration of Connie C. Chow, #2 Exhibit A, #3 Certificate of Service)(Chow, Connie)
July 26, 2010 Opinion or Order ADVISORY ENTRY re entry docket number #423 Certificate of Service filed by Bank of America, N.A.. As this Certificate of Service was filed as an individual entry, it is missing the counsel caption - LR 10.2(b). No further action necessary. (ecs, )
July 26, 2010 Opinion or Order CORRECTIVE ENTRY. The entry docket number #431 Designation of Transcripts filed by Bank of America, N.A., #433 Designation of Transcripts filed by Bank of America, N.A., #429 Designation of Transcripts filed by Bank of America, N.A., #427 Designation of Transcripts filed by Bank of America, N.A., #430 Designation of Transcripts filed by Bank of America, N.A., #426 Designation of Transcripts filed by Bank of America, N.A., #425 Designation of Transcripts filed by Bank of America, N.A., #428 Designation of Transcripts filed by Bank of America, N.A., #432 Designation of Transcripts filed by Bank of America, N.A., #435 Designation of Transcripts filed by Bank of America, N.A., #424 Designation of Transcripts filed by Bank of America, N.A., #434 Designation of Transcripts filed by Bank of America, N.A. - was filed without a captioned cover sheet (to conform to requirements of LR 10.2 "Form of Papers"). Filing party is also advised to refer LR 5.1. Depositions: Original Transcripts. (ecs, )
July 26, 2010 Opinion or Order ADVISORY ENTRY re #438 . If the filer has not already done so, the Order attached within the Motion for Leave to File the Declaration of Effie Steiger and Exhibits 30-33 in support of Concise Statement of Facts in Support of Plaintiffs Memorandum in Opposition to Defendant Jerry Dunn and Colorado Mountain Development, Inc's Motion for Summary Judgment under SEAL - may be submitted by email to Magistrate Judge Barry M. Kurren at kurren_orders@hid.uscourts.gov for signature. The filer may refer to LR100.9.1 - Proposed Orders. (ecs, )
July 23, 2010 Opinion or Order Filing 439 SUPPLEMENT re #409 Objection,,,,, filed by Robert R. Bray, Albert Leong, Lawrence Tachibana, Johanne Bray, Roger Braun, Lisa Tachibana by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit 1, #3 Certificate of Service)(Brown, Philip)
July 23, 2010 Opinion or Order Filing 438 MOTION to Seal Document (PLAINTIFFS MOTION FOR LEAVE TO FILE THE DECLARATION OF EFFIE STEIGER AND EXHIBITS 30 33 IN SUPPORT OF CONCISE STATEMENT OF FACTS IN SUPPORT OF PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANT JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC.S MOTION FOR SUMMARY JUDGMENT FILED ON MAY 18, 2010 UNDER SEAL) Philip R. Brown appearing for Plaintiffs Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana (Attachments: #1 Declaration of Counsel, #2 Order, #3 Certificate of Service)(Brown, Philip)
July 23, 2010 Opinion or Order Filing 437 Concise Statement in Support re #436 Memorandum in Opposition to Motion filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #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, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Certificate of Service)(Brown, Philip)
July 23, 2010 Opinion or Order Filing 436 MEMORANDUM in Opposition re #403 MOTION for Summary Judgment filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
July 23, 2010 Opinion or Order Filing 435 Designation of Transcripts of Deposition of Gary Cooper. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 434 Designation of Transcripts of Deposition of Phil Robinson. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 433 Designation of Transcripts of Deposition of Cynthia Lynn Chism. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 432 Designation of Transcripts of Jerry Ross Dunn. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 431 Designation of Transcripts of William Hannah. filed by Bank of America, N.A.. (Attachments: #1 Main Document)(Chow, Connie)
July 23, 2010 Opinion or Order Filing 430 Designation of Transcripts of Deposition of Johanne Bray. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 429 Designation of Transcripts of Deposition of Robert Bray. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 428 Designation of Transcripts of Deposition of Roger Braun. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 427 Designation of Transcripts of Deposition of Albert Leong. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 426 Designation of Transcripts of Deposition of Lisa Tachibana. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 425 Designation of Transcripts of Deposition of Lawrence Tachibana taken March 5, 2010. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 424 Designation of Transcripts of Lawrence Tachibana taken January 28, 2010. filed by Bank of America, N.A..(Chow, Connie)
July 23, 2010 Opinion or Order Filing 423 CERTIFICATE OF SERVICE by Bank of America, N.A. re #421 Reply, #422 Concise Statement of Facts (Chow, Connie)
July 23, 2010 Opinion or Order Filing 422 CONCISE STATEMENT of Facts re #421 Reply filed by Bank of America, N.A.. (Attachments: #1 Declaration of Connie C. Chow, #2 Exhibit Z, #3 Exhibit AA, #4 Exhibit BB, #5 Exhibit CC)(Chow, Connie)
July 23, 2010 Opinion or Order Filing 421 REPLY re #419 Memorandum in Opposition to Motion, #420 Concise Statement in Opposition to Motion,, filed by Bank of America, N.A.. (Chow, Connie)
July 19, 2010 Opinion or Order ADVISORY ENTRY re: entry docket number #420 Concise Statement in Opposition to Motion for Summary Judgment filed by Lisa Tachibana, the case number affixed, references the incorrect presiding judge. Please affix the correct case number CV 07-00364 MEA -BMK on future filings. (ecs, )
July 16, 2010 Opinion or Order Filing 420 CONCISE STATEMENT in Opposition re #345 MOTION for Summary Judgment filed by Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #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, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Certificate of Service)(Brown, Philip)
July 16, 2010 Opinion or Order Filing 419 MEMORANDUM in Opposition re #345 MOTION for Summary Judgment filed by Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
July 7, 2010 Opinion or Order Filing 418 CERTIFICATE OF SERVICE by Bank of America, N.A. re #417 Response, (Chow, Connie)
July 7, 2010 Opinion or Order Filing 417 RESPONSE re #416 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana filed by Bank of America, N.A.. (Attachments: #1 Declaration of Connie C. Chow, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Chow, Connie)
June 23, 2010 Opinion or Order Filing 416 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re #414 "Order Granting Defendant Bank of America N.A.'s Motion to Strike and Bar Testimony of Plaintiffs' Expert Witness" #337 - by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana (Attachments: #1 Declaration of Philip R. Brown, #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 Certificate of Service)(Brown, Philip) Modified on 6/24/2010 : creating docket entry relationship to underlying Order #414 (eps ). Modified on 6/28/2011 (ecs, ). Text inserted on 6/28/2011 (ecs, ). Modified on 7/8/2011 (ecs, ).
June 16, 2010 Opinion or Order Filing 415 Mail Returned as Undeliverable. Mail sent to William Hannah - #414 (eps )
June 9, 2010 Opinion or Order Filing 414 ORDER GRANTING DEFENDANT BANK OF AMERICA N.A.'S MOTION TO STRIKE AND BAR TESTIMONY OF PLAINTIFFS' EXPERT WITNESS #337 . Signed by Judge BARRY M. KURREN on 6/9/10. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 7, 2010 Opinion or Order Filing 413 STATEMENT of No Position REGARDING BANK OF AMERICA, N.A.S MOTION FOR SUMMARY JUDGMENT [#345]; CERTIFICATE OF SERVICE filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Major, David) Link created to #345 on 6/8/2010 (ecs, ).
June 4, 2010 Opinion or Order Filing 412 Mail sent to William Hannah - Mail Returned to Sender Not Deliverable as addressed 410 (ecs, )
May 28, 2010 Opinion or Order Filing 411 CERTIFICATE OF SERVICE by Bank of America, N.A. [(1) Notice of Deposition of Gary Cooper, (2) Amended Notice of Deposition of Gary Cooper] (Chow, Connie)
May 27, 2010 Opinion or Order Filing 410 NOTICE of Hearing on Motion #403 Defendants Colorado Mountain Development and Jerry Dunn's MOTION for Summary Judgment : Motion Hearing set for 8/13/2010 at 01:00 PM before MARVIN E. ASPEN. (wnn, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
May 25, 2010 Opinion or Order Filing 409 OBJECTION re #397 FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc. FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc.FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc.FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc.FINDINGS AND RECOMMENDATIONS re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Jerry Dunn, in his Personal Capacity, Colorado Mountain Development, Inc. filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #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 Certificate of Service)(Brown, Philip) Modified text to clarify document title on 5/26/2010 (ecs, ).
May 24, 2010 Opinion or Order Filing 408 EP: Hearing on #381 Order to Show Cause held. Based on Patrick K. Shea's #407 Notice of Appearance, no further action is necessary with respect to this Order to Show Cause.Hearing on #337 Defendant Bank of America, N.A.'s Motion To Strike And Bar Testimony Of Plaintiffs' Expert Witness held. This Motion is taken under advisement. Court to prepare order. (C6F 1:35-1:58pm.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 24, 2010 Opinion or Order Filing 407 NOTICE of Appearance by Patrick K. Shea on behalf of 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC on behalf of 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC. (Shea, Patrick)
May 20, 2010 Opinion or Order Filing 406 CERTIFICATE OF SERVICE by Bank of America, N.A. [(1) Defendant Bank of America N.A.'s Notice of Deposition of Phil Robinson and (2) Defendant Bank of America, N.A.'s Notice of Deposition of William Hannah] (Chow, Connie)
May 19, 2010 Opinion or Order Filing 405 Mail #397 sent to William Hannah - Returned as Undeliverable. (ecs, )
May 18, 2010 Opinion or Order Filing 404 Concise Statement in Support of Motion for Summary Judgment filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Attachments: #1 Declaration David R. Major, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F (1 of 2), #8 Exhibit F (2 of 2), #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Main Document Certificate of Service)(Major, David)
May 18, 2010 Opinion or Order Filing 403 MOTION for Summary Judgment David Ronald Major appearing for Defendants Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity (Attachments: #1 Memorandum In Support Motion, #2 Main Document Certificate of Service)(Major, David)
May 14, 2010 Opinion or Order Filing 402 Mail #390 Order sent to William Hannah - 1526 W. 16th Street, Loveland, CO 80538 Return to Sender - Not deliverable as addressed. (ecs, )
May 13, 2010 Opinion or Order Filing 401 EP: Status Conference held on 5/13/2010. All Counsel and Judge Aspen participated by Phone. Court and Counsel discussed the Motions Hearing set for 8/13/2010(In Honolulu, Hi) before Judge Aspen. Counsel are to come to the 8/13/2010 PreTrial Conference ready to discuss a new Trial Date, PreTrial Deadlines, etc. Defendants Counsel-Michael C. Carrolls Oral Request to vacate the portion of the Courts Order #380 as to trial related deadlines is hereby granted. (Court Reporter Gloria Bediamol.) ( MARVIN E. ASPEN)(lls, )No COS issued for this docket entry Modified on 5/14/2010 (ecs, ).
May 11, 2010 Opinion or Order Filing 400 Mail sent to William Hannah, 1526 W. 16th Street, Loveland, CO - Returned as Undeliverable. #389 (ecs, )
May 11, 2010 Opinion or Order Filing 398 EO Status Conference set for 5/13/2010 at 11:30 AM before JUDGE MARVIN E. ASPEN. All Counsel and Court will participate by phone. Please Note: This Status Conference was previously set for 9:00 a.m. on 5/13/2010. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 11, 2010 Opinion or Order Filing 397 CROSS-CLAIMANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC'S FINDINGS AND RECOMMENDATION GRANTING CROSS-CLAIMANTS JERRY DUNNAND COLORADO MOUNTAIN DEVELOPMENT, INC'S MOTION FOR DEFAULT JUDGMENT AGAINST CROSS-CLAIM DEFENDANT WILLLIAM HANNAH FILED FEBRUARY 24, 2010. Objections to F&R due by 5/25/2010. Signed by Judge BARRY M. KURREN on 5/10/10. ~ The Court FINDS that Hannah has admitted the allegations in the Cross-claimants Cross-claim by failing to respond to the Cross-claim and the Motion for Default Judgment. Accordingly, the Court RECOMMENDS that the Cross-claimants' Motion for Default Judgment against Hannah be GRANTED and ENTERED as follows.... (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 10, 2010 Opinion or Order Filing 396 EO: "Pursuant to the May 7, 2010 letter motion #394 sent to us by Plaintiffs' counsel, the briefing schedule for Bank of America's motion for summary judgment set forth in our 4/28/2010 Order is stricken. Response to Bank of America's motion for summary judgment shall be filed on or before 7/16/2010. Reply shall be filed on or before 7/23/2010." ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 10, 2010 Opinion or Order Filing 395 REPLY re #388 Memorandum in Opposition to Motion,, filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
May 7, 2010 Opinion or Order Filing 394 Letter (MOTION) Requesting that the "filing deadline for Plaintiffs' Opposition Brief to Defendant Bank of America, N.A.'s Motion for Summary Judgment (Dkt. No. 277) be continued for at least three weeks" #345 - Philip R. Brown appearing for Plaintiffs Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana (ecs, )
May 7, 2010 Opinion or Order Filing 392 STATEMENT OF POSITION RE: ORDER TO SHOW CAUSE AS TO 3D RESORTS, INC., C.M.D. MANAGEMENT, INC., LONE OAK LAND DEVELOPMENT COMPANY, L.P., AND LONE OAK LAND MANAGEMENT, LLC FILED 04/28/10 [DOC NO. 381] filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Attachments: #1 Declaration of David R. Major, #2 Exhibit A, #3 Exhibit B, #4 Main Document Certificate of Service)(Major, David) #381 Link created on 5/10/2010 (ecs, ).
May 6, 2010 Opinion or Order Filing 393 Mail sent to William Hannah - Returned as Undeliverable (Attachments: #1 #380 Order) (ecs, )
May 5, 2010 Opinion or Order Filing 390 ORDER re #386 MOTION for Pro Hac Vice filed by Bank of America, N.A.. Signed by Judge BARRY M. KURREN on 5/5/10. ~ IT IS ORDERED that Robert Matthew Pearson is granted leave to appear pro hac vice on behalf of BOA, with Paul S. Aoki to serve as associate counsel. Attorney Robert Matthew Pearson for Bank of America, N.A. added. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 5/5/10 the date of this docket entry Modified on 5/5/2010 (ecs, ).
May 3, 2010 Opinion or Order Filing 391 Filing fee: $ 225.00, receipt number 251380 re #386 MOTION for Pro Hac Vice ( Robert Matthew Pearson ) (ecs, )
May 3, 2010 Opinion or Order Filing 389 ORDER GRANTING WAGNER CHOI & VERBRUGGE'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT 3D RESORTS, INC., and DEFENDANTS LONE OAK LAND DEVELOPMENT COMPANY, L.P., LONE OAK LAND MANAGEMENT, LLC, C.M.D. MANAGEMENT, INC. re #355 . Signed by Judge BARRY M. KURREN. ~ It is further ordered that Defendant 3D Resorts, Inc., and Defendants Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc. shall have to 1:30 p.m., May 24,2010, to retain counsel in this matter or default will be entered, without further notice or hearing, against them. The trial schedule of this matter shall not be changed or continued solely due to Defendant 3D Resorts, Inc., Defendant Lone Oak Land Development Company, L.P., Defendant Lone Oak Land Management, LLC, or Defendant C.M.D. Management, Inc. retention of counsel prior to 1:30 p.m., May 24,2010. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 3, 2010 Opinion or Order Filing 388 MEMORANDUM in Opposition re #337 MOTION to Strike and Bar Testimony of Plaintiffs' Expert Witness filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #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 Certificate of Service)(Brown, Philip)
May 3, 2010 Opinion or Order Filing 387 STATEMENT of No Position Regarding Bank of America, N.A.'s #337 Motion To Strike and Bar Testimony of Plaintiffs' Expert Witness filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Major, David) Modified on 5/4/2010 inserting link to motion (bbb, ).
May 3, 2010 Opinion or Order Filing 386 MOTION for Pro Hac Vice Connie Chow appearing for Cross Claimant Bank of America, N.A., Cross Defendants Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Attachments: #1 Declaration of Robert Matthew Pearson, #2 Declaration of Paul S. Aoki, #3 Certificate of Service)(Chow, Connie) Modified on 5/5/2010 (ecs, ).
April 28, 2010 Opinion or Order Filing 385 EO: The Final PreTrial Conference Date of 5/18/2010 before Judge Kurren and the Jury Selection/Jury Trial Date of 6/29/2010 are hereby vacated. The Trial Date will be reset at the Final PreTrial Conference on 8/13/2010 set before Judge Aspen. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2010 Opinion or Order Filing 383 EO: Final Pretrial Conference set for 8/13/2010 at 03:00 PM before MARVIN E. ASPEN. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2010 Opinion or Order Filing 382 NOTICE of Hearing on Motions #275 Plaintiff Lawrence Tachibana's First MOTION for Summary Judgment, #277 Plaintiff Lisa Tachibana's First MOTION for Summary Judgment and #345 Defendant Bank of America, N.A.'s MOTION for Summary Judgment set for 8/13/2010 at 01:00 PM before MARVIN E. ASPEN. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 28, 2010 Opinion or Order Filing 381 ORDER TO SHOW CAUSE. Signed by Judge BARRY M. KURREN on 4/27/10. ~ On April 23, 2010, this Court granted Wagner Choi & Verbrugge's Motion to Withdraw as Counsel for the following Defendants: (1) 3D Resorts, Inc., (2) Lone Oak Land Development Company, L.P., (3) Lone Oak Land Management, LLC, and (4) C.M.D. Management, Inc. In light of counsel's withdrawal, a representative of each of the foregoing Defendants is ORDERED to appear before the Honorable Barry M. Kurren, United States Magistrate Judge, on May 24, 2010 at 1:30 p.m. to show cause, if any, why default should not be entered against that Defendant. If any of these Defendants retains counsel, and that counsel enters a notice of appearance in this case before May 24, 2010, that Defendant need not appear on May 24, 2010 for the show cause hearing. **Show Cause Hearing set for 5/24/2010 01:30 PM before Judge BARRY M. KURREN.(ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2010 Opinion or Order Filing 380 ORDER re 379 EO: Telephonic Status Conference. Signed by MARVIN E. ASPEN on 4/28/10. ~ In preparation for that Telephonic Status conference set for May 13, 2010, the parties shall submit a joint letter within fourteen (14) days with status information as described within this order. To the extent possible, the parties should file a joint, agreed letter addressing these issues. Separate letters may be permitted for matters upon which the parties cannot agree, if needed. The Court is aware that three (3) motions for summary judgment have been filed: (1) Plaintiff/Counterclaim Defendant Lawrence Tachibana's Motion for Partial Summary Judgment (Dkt. No. 275); (2) Plaintiff/Counterclaim Defendant Lisa Tachibana's Motion for Partial Summary Judgment (Dkt. No. 277); and (3) Defendant Bank of America, N.A.'s Motionfor Summary Judgment (Dkt. No. 345). The summary judgment motion filed by Bank ofAmerica is not yet fully briefed. As to this motion, response briefs shall be due on Tuesday,May 18, 2010. Reply briefs shall be due on Friday, May 28, 2010. In addition, any party whohas not yet filed a pretrial motion, but wishes to do so, has leave to file a motion with a supporting brief by Tuesday, May 18, 2010. If any such motions are filed, responses will be due on Monday, June 7 and reply briefs will be due on Thursday, June 17, 2010. Oral argument on the pending motions is scheduled for August 13, 2010 at 1 p.m. In that regard, each party shall have one half-hour to argue their position on the pending motions for summary judgment. If additional time is necessary, the party requesting additional time must notify the Court as soon as practicable, but in no event later that Monday, May 24, 2010. By May 24, 2010, the parties must also inform the Court whether the hearings on the summary judgment motions may be held jointly as scheduled. If not, the parties shall explain why separate arguments on the motions are necessary, if requested. A pretrial conference is scheduled for August 13, 2010 at 3 p.m. The parties shall prepare their pretrial statements in the format as set forth in the local rules and bring them to the August 13 conference. The Court will set a trial date at the time of the pretrial conference. Twenty (20) days after our rulings on the pending summary judgment motions, the parties shall submit proposed jury instructions, proposed voir dire questions, a proposed joint statement of the case, and a proposed joint verdict form. At that time, the parties shall also submit any motions in limine, as well as their respective trial briefs, exhibit designations, deposition excerpt designations and a recommendation for a particular number of jurors to be selected at the commencement of trial. On the date of each of the above filings, the parties shall fax a copy thereof to Judge Aspen's chambers (312-554-8515). (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2010 Opinion or Order Filing 379 EO: Status Conference set for 5/13/2010 at 09:00 AM before JUDGE MARVIN E. ASPEN. This will be a telephonic Status Condrence. Counsel are to call Leslie Sai-Courtroom Manager-(808) 541-3089 by 5/10/2010 as to the telephone number that they may be reached at to participate by phone. A Order addressing the Dispositive Motions, Trial Date, etc will be forthcoming. ( MARVIN E. ASPEN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2010 Opinion or Order Filing 378 EO: The hearing on #337 Defendant Bank of America, N.A.'s Motion To Strike And Bar Testimony Of Plaintiffs' Expert Witness set for 5/24/2010 at 2:00 PM is MOVED to 1:30 PM that day before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 26, 2010 Opinion or Order Filing 384 Mail sent to William Hannah - #372 Returned as Undeliverable. (ecs, )
April 23, 2010 Opinion or Order Filing 377 EP: Hearing held on #355 Wagner Choi & Verbrugge's Motion to Withdraw as Counsel for Defendant 3D Resorts, Inc., and Defendants Lone Oak Land Development Company, L.P., Long Oak Land Management, LLC, and C.M.D. Management, Inc. That motion is GRANTED. Neil J. Verbrugge to prepare an order on the motion. (C6F 9:31-9:37 AM.) (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 20, 2010 Opinion or Order Filing 375 Mail sent to William Hannah - Return as Undeliverable - Return to Sender, Not Deliverable as Addressed. #368 Order Reassigning Case. (ecs, )
April 19, 2010 Opinion or Order Filing 376 Mail sent to William Hannah - Returned as Undeliverable. #360 Stipulation and Order for Dismissal of All Claims by Plaintiffs Blake. (ecs, )
April 16, 2010 Opinion or Order Filing 374 EO: re #372 , the hearing on #337 Defendant Bank of America, N.A.'s Motion To Strike And Bar Testimony Of Plaintiffs' Expert Witness has been continued to 5/24/2010 at 2:00pm before Judge Barry M. Kurren. The briefing schedule shall be governed by the Local Rules, based on the new hearing date of 5/24/2010. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 16, 2010 Opinion or Order Filing 373 STATEMENT re #355 MOTION to Withdraw as Attorney filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
April 15, 2010 Opinion or Order Filing 372 STIPULATION TO CONTINUE HEARING ON BANK OF AMERICA, N.A.'S MOTION TO STRIKE AND BAR TESTIMONY OF PLAINTIFFS' EXPERT WITNESS; ORDER #337 ~ The oral hearing on Defendant Bank of America, N.A.s Motion to Strike and Bar Testimony of Plaintiffs' Expert Witness filed on March 31, 2010 originally scheduled for May 7, 2010 at 2:00 p.m. before the Honorable Magistrate Judge Barry M. Kurren is continued to May 24, 2010 at 2:00 p.m. before the Honorable Magistrate Judge Barry M. Kurren ( Motion Hearing set for 5/24/2010 02:00 PM before Judge BARRY M. KURREN.). Signed by Judge BARRY M. KURREN on 4/15/10. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 4/16/10 the date of this docket entry Modified on 4/15/2010 (ecs, ).
April 13, 2010 Opinion or Order Filing 371 STATEMENT of No Position re #355 MOTION to Withdraw as Attorney FOR DEFENDANT 3D RESORTS, INC., AND DEFENDANTS LONE OAK LAND DEVELOPMENT COMPANY, L.P., LONE OAK LAND MANAGEMENT, LLC, C.M.D. MANAGEMENT, INC. filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Major, David)
April 13, 2010 Opinion or Order Filing 370 STATEMENT of No Position re #355 MOTION to Withdraw as Attorney filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
April 12, 2010 Opinion or Order Filing 369 OBJECTION OBJECTION TO CROSS-CLAIMANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INCS SUBMISSION OF A PROPOSED FINDINGS AND RECOMMENDATION GRANTING CROSS-CLAIMANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC.S MOTION FOR DEFAULT JUDGMENT AGAINST CROSS-CLAIM DEFENDANT WILLLIAM HANNAH FILED FEBRUARY 24, 2010 [#297] filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #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 Certificate of Service)(Brown, Philip) #297 Link created on 5/11/2010 (ecs, ).
April 12, 2010 Opinion or Order Filing 368 ORDER REASSIGNING CASE. Case reassigned to MARVIN E. ASPEN for all further proceedings. JUDGE SAMUEL P KING no longer assigned to case PLEASE REFLECT NEW CASE NUMBER CV 07-00364 MEA-BMK ON ALL FURTHER PLEADINGS. ). Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/12/10. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 8, 2010 Opinion or Order Filing 367 Supplemental INITIAL DISCLOSURES by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Major, David) Title text added on 4/9/2010 (ecs, ).
April 8, 2010 Opinion or Order Filing 366 EO: The 4/21/2010 hearing date on Plaintiff Lawrence Tachibana and Plaintiff Lisa Tachibanas Motions for Partial Summary Judgment, regarding counterclaims [docs. 275 and 277] is VACATED. Those motions will be re-set at a later time, along with Defendant Bank of Americas Motion for Summary Judgment [doc. 345]. (JUDGE SAMUEL P KING)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 8, 2010 Opinion or Order Filing 365 NOTICE of Hearing on #355 Wagner Choi & Verbrugge's Motion to Withdraw as Counsel for Defendant 3D Resorts, Inc., and Defendants Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, and C.M.D. Management, Inc. Motion Hearing set for 4/23/2010 09:30 AM before Judge BARRY M. KURREN. Any opposition memorandum is due 4/16/2010. Any reply memorandum is due 4/20/2010. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 8, 2010 Opinion or Order Filing 364 EO: In light of the #360 Stipulation for Dismissal of all Claims by Plaintiffs Alva E. Blake, and Puanani Blake aka Helen Puanani Blake, the following motion is TERMINATED: #309 The Law Offices of Philip R. Brown's Motion to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake. The hearing on that motion, which was set for 4/9/2010 at 1:30pm before Judge Barry M. Kurren, is VACATED. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 7, 2010 Opinion or Order Filing 363 CONCISE STATEMENT in Support re #275 First MOTION for Summary Judgment filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit I, #3 Certificate of Service)(Brown, Philip)
April 7, 2010 Opinion or Order Filing 362 REPLY to Response to Motion re #275 First MOTION for Summary Judgment filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
April 7, 2010 Opinion or Order Filing 361 REPLY to Response to Motion re #277 First MOTION for Summary Judgment filed by Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
April 7, 2010 Opinion or Order Filing 360 STIPULATION FOR DISMISSAL OF ALL CLAIMS BY PLAINTIFFS ALVA E. BLAKE, AND PUANANI BLAKE AKA HELEN PUANANI BLAKE; ORDER #108 ** Alva E. Blake and Puanani Blake terminated. Signed by JUDGE SAMUEL P KING on 4/7/10. ~ All claims by the BLAKES in the First Amended Complaint against Defendant herein be dismissed with prejudice, each party to bear their own costs and attorney's fees. All other claims remain the same. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 4/8/10 the date of this docket entry Service date modified on 4/7/2010 (ecs, ).
April 7, 2010 Opinion or Order Filing 358 Return of Service on Subpoena Custodian of Records of Pacific Realty Consultants (Kenneth Chong, Pres.) was served on March 22, 2010 (Major, David)
April 7, 2010 Opinion or Order Filing 357 Return of Service on Subpoena Kenneth D.H. Chong was served on March 22, 2010 (Major, David)
April 6, 2010 Opinion or Order Filing 356 CERTIFICATE OF SERVICE by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC re #355 MOTION to Withdraw as Attorney (Verbrugge, Neil)
April 6, 2010 Opinion or Order Filing 355 MOTION to Withdraw as Attorney Neil J. Verbrugge appearing for Cross Claimants 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Defendant Lone Oak Land Management, LLC (Attachments: #1 Memorandum, #2 Declaration)(Verbrugge, Neil)
April 6, 2010 Opinion or Order Filing 354 REDACTION to #346 Concise Statement in Support of Motion by Bank of America, N.A.. (Attachments: #1 Exhibit R, #2 Exhibit S, #3 Exhibit T, #4 Exhibit U, #5 Exhibit V, #6 Certificate of Service)(Chow, Connie)
April 6, 2010 Opinion or Order Filing 353 REDACTION to #346 Concise Statement in Support of Motion by Bank of America, N.A.. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K)(Chow, Connie)
April 6, 2010 Opinion or Order ADVISORY ENTRY. Please be advised that entry docket numbers #347 , #348 , #349 , #350 , and #351 "Additional Exhibits to Concise Statement" filed by Bank of America, N.A. were submitted without a cover page. Counsel is also advised that a few of the Exhibits reference Personal Identifiers. The filer is advised to review Sections 11.1 through 11.3 of the Amended General Order Adopting Electronic Case Filing Procedures for more information concerning personal identifiers, the E-Government Act and counsel's responsibility. The filer may wish to submit a redacted version of the affected exhibit. The redaction shall include a cover page bearing the case number, caption and counsel identification and should be linked to the concise statement. Upon the filing of the redacted version, the Clerks Office will restrict viewing of the affected exhibit contained in the concise statement. (ecs, )
April 5, 2010 Opinion or Order Filing 352 CERTIFICATE OF SERVICE by Bank of America, N.A. re #351 Additional Exhibits, #350 Additional Exhibits, #347 Additional Exhibits, #346 Concise Statement in Support of Motion, #349 Additional Exhibits, #348 Additional Exhibits (Chow, Connie)
April 5, 2010 Opinion or Order Filing 351 Additional Exhibits to #346 Concise Statement in Support of Motion (Exhibit U) filed by Bank of America, N.A.. (Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y)(Chow, Connie) ~ Redacted Exhibits resubmitted in docket entry #354 Modified on 4/7/2010 (ecs, ).
April 5, 2010 Opinion or Order Filing 350 Additional Exhibits (Exhibit P) filed by Bank of America, N.A.. (Attachments: #1 Exhibit Q, #2 Exhibit R, #3 Exhibit S, #4 Exhibit T)(Chow, Connie) ~ Redacted Exhibits R, S, T resubmitted in docket entry #354 . Modified on 4/7/2010 (ecs, ).
April 5, 2010 Opinion or Order Filing 349 Additional Exhibits to #346 Concise Statement in Support of Motion (Exhibit K) filed by Bank of America, N.A.. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O)(Chow, Connie) Redacted Exhibit K submitted in docket entry #353 Modified on 4/7/2010 (ecs, ).
April 5, 2010 Opinion or Order Filing 348 Additional Exhibits to #346 Concise Statement in Support of Motion (Exhibit F) filed by Bank of America, N.A.. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J)(Chow, Connie) ~ Redacted Exhibits I and J submitted in entry docket number #353 Modified on 4/7/2010 (ecs, ).
April 5, 2010 Opinion or Order Filing 347 Additional Exhibits to #346 Concise Statement in Support of Motion Exhibit E filed by Bank of America, N.A.. (Chow, Connie)
April 5, 2010 Opinion or Order Filing 346 CONCISE STATEMENT in Support re #345 MOTION for Summary Judgment filed by Bank of America, N.A.. (Attachments: #1 Declaration of Connie C. Chow, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Chow, Connie)
April 5, 2010 Opinion or Order Filing 345 MOTION for Summary Judgment Connie Chow appearing for Cross Claimant Bank of America, N.A., Cross Defendants Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Compliance with LR 7.5(b), #3 Certificate of Service)(Chow, Connie)
April 2, 2010 Opinion or Order Filing 344 EP: Hearing on #297 Defendants/Cross-Claimants Jerry Dunn and Colorado Mountain Development, Inc.'s Motion For Default Judgment Against Cross-Claim Defendant William Hannah held. The Court FINDS and RECOMMENDS that this motion be GRANTED. David Major to prepare and submit a proposed Findings and Recommendation on this motion. Hearing on #309 The Law Offices of Philip R. Brown's Motion to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake is CONTINUED to April 9, 2010 at 1:30 p.m. before Judge Barry M. Kurren. (C6F 9:03-9:10am) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 1, 2010 Opinion or Order Filing 343 NOTICE of Hearing on #337 Defendant Bank of America, N.A.'s Motion To Strike And Bar Testimony Of Plaintiffs' Expert Witness set for 5/7/2010 @ 02:00 PM before Judge BARRY M. KURREN. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 1, 2010 Opinion or Order Filing 342 EO: #297 Defendants/Cross-Claimants Jerry Dunn and Colorado Mountain Development, Inc.'s Motion For Default Judgment Against Cross-Claim Defendant William Hannah; and #309 The Law Offices of Philip R. Brown's Motion to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake set for 4/2/2010 @ 2:00 PM are MOVED to 09:00 AM the same day before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 31, 2010 Opinion or Order Filing 341 Concise Statement in Support re #340 Memorandum in Opposition to Motion, #1 PLAINTIFF/COUNTERCLAIM DEFENDANT LAWRENCE TACHIBANAS MOTION FOR PARTIAL SUMMARY JUDGMENT FILED JANUARY 27, 2010 [#275]; AND #2 PLAINTIFF/COUNTERCLAIM DEFENDANT LISA TACHIBANAS MOTION FOR PARTIAL SUMMARY JUDGMENT FILED 01/27/10 [#277] filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Attachments: #1 Declaration of David R. Major, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Main Document)(Major, David)
March 31, 2010 Opinion or Order Filing 340 MEMORANDUM in Opposition TO (1) PLAINTIFF/ COUNTERCLAIM DEFENDANT LAWRENCE TACHIBANAS MOTION FOR PARTIAL SUMMARY JUDGMENT FILED JANUARY 27, 2010 [#275]; AND (2) PLAINTIFF/COUNTERCLAIM DEFENDANT LISA TACHIBANAS MOTION FOR PARTIAL SUMMARY JUDGMENT FILED JANUARY 27, 2010 [#277]; CERTIFICATE OF SERVICE filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Major, David) Modified on 4/1/2010 removing hyperlink brackets and inserting parenthesis (bbb, ).
March 31, 2010 Opinion or Order Filing 339 Joinder IN DEFENDANT BANK OF AMERICA, N.A.S RESPONSE IN OPPOSITION TO PLAINTIFFS LAWRENCE AND LISA TACHIBANAS MOTIONS FOR PARTIAL SUMMARY JUDGMENT FILED ON 01/27/2010 [FILED MARCH 31, 2010] [#333] filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Major, David)
March 31, 2010 Opinion or Order Filing 338 Expert Witness Disclosure. filed by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
March 31, 2010 Opinion or Order Filing 337 MOTION to Strike and Bar Testimony of Plaintiffs' Expert Witness Connie Chow appearing for Cross Claimant Bank of America, N.A., Cross Defendants Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Attachments: #1 Memorandum In Support of Motion, #2 Declaration Connie C. Chow, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Chow, Connie)
March 31, 2010 Opinion or Order Filing 336 CERTIFICATE OF SERVICE by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC re #335 Joinder, (Verbrugge, Neil)
March 31, 2010 Opinion or Order Filing 335 Joinder re #275 First MOTION for Summary Judgment filed by Lawrence Tachibana, #277 First MOTION for Summary Judgment filed by Lisa Tachibana, #333 Memorandum in Opposition to Motion filed by Bank of America, N.A. filed by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC. (Verbrugge, Neil)
March 31, 2010 Opinion or Order Filing 334 CONCISE STATEMENT in Opposition re #275 First MOTION for Summary Judgment, #277 First MOTION for Summary Judgment filed by Bank of America, N.A.. (Attachments: #1 Declaration Connie C. Chow, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Service)(Chow, Connie)
March 31, 2010 Opinion or Order Filing 333 MEMORANDUM in Opposition re #275 First MOTION for Summary Judgment, #277 First MOTION for Summary Judgment filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
March 24, 2010 Opinion or Order Filing 332 MEMORANDUM in Opposition re #309 First MOTION to Withdraw as Attorney for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
March 24, 2010 Opinion or Order Filing 331 EO: The hearing on #297 Defendants/Cross-Claimants Jerry Dunn and Colorado Mountain Development, Inc.'s Motion For Default Judgment Against Cross-Claim Defendant William Hannah and #309 The Law Offices of Philip R. Brown's Motion to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake set for 3/29/2010 is CONTINUED to 4/2/2010 at 2:00PM before Judge Barry M. Kurren. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 22, 2010 Opinion or Order Filing 330 EO: The hearing on the following motion is MOVED from 4/1/2010 to 3/29/2010 at 3:00PM before Judge Barry M. Kurren: #297 Defendants/Cross-Claimants Jerry Dunn and Colorado Mountain Development, Inc.'s Motion For Default Judgment Against Cross-Claim Defendant William Hannah. This hearing is now set for the same time as #309 The Law Offices of Philip R. Brown's Motion to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 22, 2010 Opinion or Order Filing 328 ORDER GRANTING #313 PLAINTIFFS'AND COUNTERCLAIM DEFENDANTS' MOTION FOR PROTECTIVE ORDER RE BANK OF AMERICA, N.A.'S DEPOSITION UPON ORAL EXAMINATION OF PLAINTIFF ALVA E. BLAKE. ~ The Court ORDERS that the deposition of Blake not proceed on March 18, 2010 as noticed. The Court recognizes that Blake's deposition may have been noticed for March 18 because of upcoming pretrial deadlines. If necessary, the Court will provide relief from those deadlines to accommodate a later deposition of Blake. Follows oral order of 3/17/10 #321 .. Signed by Judge BARRY M. KURREN on 3/19/10. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 19, 2010 Opinion or Order Filing 329 Mail Returned as Undeliverable - #281 Order Granting in Part and Denying in Part Deft/Couterclaimant/Crossclaim Defendant Bank of America's M/Protective Order - sent to William Hannah (ecs, )
March 19, 2010 Opinion or Order Filing 327 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
March 19, 2010 Opinion or Order Filing 326 CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity DEFENDANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC.S NOTICE OF TAKING DEPOSITION UPON WRITTEN INTERROGATORIES; INTERROGATORIES EXAMINATION; EXHIBIT A (COR Pacific Realty Consultants) (Major, David)
March 19, 2010 Opinion or Order Filing 325 CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity RE: NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION; EXHIBIT A (Kenneth Chong) (Major, David)
March 17, 2010 Opinion or Order Filing 324 Declaration of Philip R. Brown in Support of the Law Offices of Philip R. Brown's #309 MOTION to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake. [SEALED] pursuant to #321 . (ecs, )
March 17, 2010 Opinion or Order Filing 323 EO: re #321 , any memorandum in opposition to #309 The Law Offices of Philip R. Brown's Motion to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake, which is set for hearing on 3/29/2010 at 3:00 p.m. before Judge Barry M. Kurren, is DUE 3/24/2010. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 17, 2010 Opinion or Order Filing 322 NOTICE of Hearing on #309 The Law Offices of Philip R. Brown's Motion to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake. Motion Hearing set for 3/29/2010 at 3:00 PM before Judge BARRY M. KURREN. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
March 17, 2010 Opinion or Order Filing 321 EP: Hearing on #313 Plaintiffs and Counterclaim Defendants' Motion for Protective Order Re Bank of America, N.A.'s Deposition Upon Oral Examination of Plaintiff Alva E. Blake held. That motion is GRANTED and the deposition of Plaintiff Alva E. Blake shall not take place on March 18, 2010 as noticed. Court to prepare order. The Court GRANTS #310 The Law Offices of Philip R. Brown's Motion to File the Declaration of Philip R. Brown in Support of the Law Offices of Philip R. Brown's Motion to Withdraw As Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake Under Seal. The Clerk of Court is DIRECTED to file the Declaration of Philip R. Brown in Support of the Law Offices of Philip R. Brown's Motion to Withdraw As Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake under seal. #309 The Law Offices of Philip R. Brown's Motion to Withdraw as Counsel for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake is set for hearing on 3/29/2010 at 3:00 p.m. before Judge Barry M. Kurren. (C6F 10:33-10:53am.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 16, 2010 Opinion or Order Filing 320 MEMORANDUM in Opposition re #313 First MOTION for Protective Order filed by Bank of America, N.A.. (Attachments: #1 Declaration Paul S. Aoki, #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 Certificate of Service)(Chow, Connie)
March 16, 2010 Opinion or Order Filing 319 EO: The hearing on #313 Plaintiffs and Counterclaim Defendants' Motion for Protective Order Re Defendant/Counterclaimant/Cross Claimant/Cross Claim Defendant Bank of America, N.A.'s Deposition Upon Oral Examination of Plaintiff Alva E. Blake set for 3/19/2010 before Judge BARRY M. KURREN is MOVED back to 3/17/2010 at 10:30 AM. Any opposition to the motion may be raised at the hearing. Counsel may participate in the hearing by phone by notifying Judge Kurren's Courtroom Manager before the hearing and providing the phone number at which he may be reached. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 16, 2010 Opinion or Order Filing 318 EO: Per Philip R. Brown's request, the hearing on #313 Plaintiffs and Counterclaim Defendants' Motion for Protective Order Re Defendant/Counterclaimant/Cross Claimant/Cross Claim Defendant Bank of America, N.A.'s Deposition Upon Oral Examination of Plaintiff Alva E. Blake set for 3/17/2010 is CONTINUED to 3/19/2010 at 3:00 PM before Judge BARRY M. KURREN. Any opposition to the motion may be raised at the hearing. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 16, 2010 Opinion or Order Filing 317 STATEMENT in Opposition re #310 First MOTION to Seal Document #309 First MOTION to Withdraw as Attorney for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani BlakeFirst MOTION to Seal Document #309 First MOTION to Withdraw as Attorney for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
March 16, 2010 Opinion or Order Filing 316 NOTICE of Hearing on #313 Plaintiffs and Counterclaim Defendants' Motion for Protective Order Re Defendant/Counterclaimant/Cross Claimant/Cross Claim Defendant Bank of America, N.A.'s Deposition Upon Oral Examination of Plaintiff Alva E. Blake. Motion Hearing set for 3/17/2010 at 10:30 AM before Judge BARRY M. KURREN. Any opposition to the motion may be raised at the hearing. (kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
March 16, 2010 Opinion or Order Filing 315 EO: #314 Plaintiffs and Counterclaim Defendants' Motion to Shorten Time for Hearing on Plaintiffs and Counterclaim Defendants' Motion for Protective Order Re Defendant/Counterclaimant/Cross Claimant/Cross Claim Defendant Bank of America, N.A.'s Deposition Upon Oral Examination of Plaintiff Alva E. Blake is GRANTED. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 15, 2010 Opinion or Order CORRECTIVE ENTRY. The entry docket number #314 First MOTION to Shorten Time to hear Motion on (313) First MOTION for Protective Order & #310 First MOTION to Seal Document re (309) First MOTION to Withdraw as Attorney for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake filed by Albert Leong, Lawrence Tachibana, Johanne Bray, Alva E. Blake, Robert R. Bray, Roger Braun, Puanani Blake, Lisa Tachibana was filed incorrectly in this case with the Orders attached. The filing party is advised to refer to the US District Court District of Hawaii CM/ECF Guide on page 8 & 9 regarding Submission of Proposed Orders. The filing party shall re-submit appropriately as described in the CM/ECF Guide. If Order have already been emailed to the appropriate judge's email boxes, counsel is advised for further filing to describe attached Orders as a "Proposed Order". NO REFILING OF DOCUMENT NECESSARY, only submissions of Order via email is necessary if not done so yet. (bbb, )
March 15, 2010 Opinion or Order Filing 314 First MOTION to Shorten Time to hear Motion re #313 First MOTION for Protective Order Philip R. Brown appearing for Plaintiffs Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana, Counter Defendants Lawrence Tachibana, Lisa Tachibana (Attachments: #1 Declaration of Effie Steiger, #2 Order Granting Motion, #3 Certificate of Service)(Brown, Philip)
March 15, 2010 Opinion or Order Filing 313 First MOTION for Protective Order Philip R. Brown appearing for Plaintiffs Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana, Counter Defendants Lawrence Tachibana, Lisa Tachibana (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Effie Steiger, #3 Exhibit A, #4 Certificate of Service)(Brown, Philip)
March 15, 2010 Opinion or Order Filing 312 CERTIFICATE OF SERVICE by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC re #311 Statement of No Position, (Attachments: #1 Exhibit "A")(Verbrugge, Neil)
March 15, 2010 Opinion or Order Filing 311 STATEMENT of No Position re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC. (Verbrugge, Neil)
March 15, 2010 Opinion or Order Filing 310 First MOTION to Seal Document #309 First MOTION to Withdraw as Attorney for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake Philip R. Brown appearing for Plaintiffs Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana, Counter Defendants Lawrence Tachibana, Lisa Tachibana (Attachments: #1 Declaration of Counsel, #2 Order Granting Motion, #3 Certificate of Service)(Brown, Philip)
March 15, 2010 Opinion or Order Filing 309 First MOTION to Withdraw as Attorney for Plaintiffs Alva E. Blake and Puanani Blake aka Helen Puanani Blake Philip R. Brown appearing for Plaintiffs Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana, Counter Defendants Lawrence Tachibana, Lisa Tachibana (Attachments: #1 Declaration of Counsel, #2 Notice of Withdrawal, #3 Certificate of Service)(Brown, Philip)
March 11, 2010 Opinion or Order Filing 308 STATEMENT re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Brown, Philip)
March 11, 2010 Opinion or Order Filing 307 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
March 11, 2010 Opinion or Order Filing 306 STATEMENT of No Position re #297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
March 10, 2010 Opinion or Order Filing 305 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
March 8, 2010 Opinion or Order Filing 304 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
March 5, 2010 Opinion or Order Filing 303 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
March 1, 2010 Opinion or Order Filing 302 Expert Witness Disclosure. filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
February 26, 2010 Opinion or Order Filing 301 CERTIFICATE OF SERVICE by Bank of America, N.A. Re Notice of Taking Deposition Upon Oral Examination (Chow, Connie)
February 25, 2010 Opinion or Order Filing 300 EO: "MINUTE ORDER": Defendant/Counter-claimant/Cross-claimant/Cross-claim Defendant Bank of America, N.A.'s #283 Motion for Extension of Time for Parties to File Dispositive Motions ("Motion for Extension of Time") is GRANTED. Accordingly, the dispositive motions deadline set for 3/5/2010 is CONTINUED to 4/5/2010. All other dates and deadlines remain the same. #288 Defendants Jerry Dunn and Colorado Mountain Development, Inc.'s Joinder in the Motion for Extension of Time and #295 Defendant 3D Resorts, Inc., and Defendants Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc.'s Joinder in the Motion for Extension of Time are TERMINATED. The hearing on the Motion for Extension of Time and Joinders therein set for 2/25/2010 at 2:00 p.m. before Judge BARRY M. KURREN has been VACATED. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 25, 2010 Opinion or Order Filing 299 NOTICE of Hearing on #297 Defendants/Cross-Claimants Jerry Dunn and Colorado Mountain Development, Inc.'s Motion For Default Judgment Against Cross-Claim Defendant William Hannah. Motion Hearing set for 4/1/2010 at 2:30PM before Judge BARRY M. KURREN. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
February 25, 2010 Opinion or Order Filing 298 NOTICE of Hearing on #295 Defendant 3D Resorts, Inc., Loan Oak Land Development Co. LP, Loan Oak Land Management LLC, and C.M.D. Management, Inc.'s Joinder in Motion For Extension of Time to File Dispositive Motions. Motion Hearing set for 2/25/2010 at 2:00 PM before Judge BARRY M. KURREN. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
February 25, 2010 Opinion or Order ADVISORY ENTRY. The entry docket number #295 Joinder re #283 MOTION for Extension of Time to File filed by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Management, LLC, Lone Oak Land Development Company, L.P. was filed incorrectly in this case. The Clerk's Office has modified this entry as "MOTION for Joinder". No further action needed. (ecs, )
February 24, 2010 Opinion or Order Filing 297 MOTION for Default Judgment as to Against Cross-Claim Defendant William Hannah; David Ronald Major appearing for Defendants Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of David R. Major, #3 Main Document Certificate of Service)(Major, David)
February 24, 2010 Opinion or Order Filing 296 CERTIFICATE OF SERVICE by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC re #295 Joinder, Exhibit "A" (Verbrugge, Neil)
February 24, 2010 Opinion or Order Filing 295 Joinder re #283 MOTION for Extension of Time to File Dispositive Motions filed by Bank of America, N.A. [Defendant 3D Resorts, Inc. and Defendants Lone Oak Land Development Company, L.P., Lone Oak Land Management, Inc.'s Joinder in Bank of America's Motion for Extension of Time to File Dispositive Motions filed February 9, 2010] filed by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC. (Verbrugge, Neil) Event modified as a "Motion for Joinder" on 2/25/2010 (ecs, ).
February 18, 2010 Opinion or Order Filing 294 AMENDED CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity (Amended) RE REQUEST FOR ENTRY OF DEFAULT AGAINST CROSS-CLAIM DEFENDANT WILLIAM HANNAH; DECLARATION OF DAVID R. MAJOR; ENTRY OF DEFAULT AGAINST CROSS-CLAIM DEFENDANT WILLIAM HANNAH; CERTIFICATE OF SERVICE, FILED 02/12/10] (Major, David) Modified on 2/19/2010 (ecs, ).
February 17, 2010 Opinion or Order Filing 293 CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity RE: NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION (DEPONENT: LAWRENCE TACHIBANA]) (Major, David)
February 17, 2010 Opinion or Order Filing 292 STATEMENT re #288 MOTION for Joinder re #283 MOTION for Extension of Time to File Dispositive Motions, #283 MOTION for Extension of Time to File Dispositive Motions filed by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
February 16, 2010 Opinion or Order Filing 290 NOTICE of Hearing on #288 Defendants Jerry Dunn and Colorado Mountain Development, Inc.'s Joinder in Motion For Extension of Time for Parties to File Dispositive Motions. Motion Hearing set for 2/25/2010 at 2:00 PM before Judge BARRY M. KURREN. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
February 12, 2010 Opinion or Order Filing 291 Request for Entry of Default against Cross-Claim Defendant WILLIAM HANNAH, Clerk's ENTRY OF DEFAULT by S. Beitia/Clerk; ET/Deputy Clerk. (Attachments: #1 Declaration of David Major, #2 Entry of Default Against Cross Claim Defendant William Hannah, #3 Certificate of Service) (ecs, )
February 12, 2010 Opinion or Order Filing 289 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana re #276 Concise Statement of Facts, #275 First MOTION for Summary Judgment, #277 First MOTION for Summary Judgment, #278 Concise Statement of Facts, (Brown, Philip)
February 12, 2010 Opinion or Order Filing 288 MOTION for Joinder re #283 MOTION for Extension of Time to File Dispositive Motions David Ronald Major appearing for Defendants Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity (Major, David)
February 11, 2010 Opinion or Order Filing 287 NOTICE of Hearing on Motion #283 Bank of America's Motion For Extension of Time for Parties to File Dispositive Motions. Motion Hearing set for 2/25/2010 at 2:00PM before Judge BARRY M. KURREN. Any opposition memorandum is due 2/17/2010; any reply memorandum is due 2/22/2010. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
February 11, 2010 Opinion or Order Filing 286 EO: #284 Bank of America's Ex Parte Motion To Shorten Time For Hearing on Motion For Extension of Time for Parties to File Dispositive Motions is GRANTED. #283 Bank of America's Motion For Extension of Time for Parties to File Dispositive Motions is set for hearing on 2/25/2010 at 2:00 p.m. before Judge Barry M. Kurren. Any opposition memorandum is due 2/17/2010; any reply memorandum is due 2/22/2010. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 10, 2010 Opinion or Order Filing 285 CERTIFICATE OF SERVICE by Bank of America, N.A. re #284 Ex Parte MOTION to Shorten Time to hear Motion re #283 MOTION for Extension of Time to File Dispositive MotionsEx Parte MOTION to Shorten Time to hear Motion re #283 MOTION for Extension of Time to File Dispositive Motions (Chow, Connie)
February 9, 2010 Opinion or Order Filing 284 Ex Parte MOTION to Shorten Time to hear Motion re #283 MOTION for Extension of Time to File Dispositive Motions Connie Chow appearing for Cross Claimant Bank of America, N.A., Cross Defendants Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Attachments: #1 Memorandum in Support, #2 Declaration of Connie C. Chow)(Chow, Connie)
February 9, 2010 Opinion or Order Filing 283 MOTION for Extension of Time to File Dispositive Motions Connie Chow appearing for Cross Claimant Bank of America, N.A., Cross Defendants Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Connie C. Chow, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Certificate of Service)(Chow, Connie)
February 4, 2010 Opinion or Order Filing 282 CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity (RE: DEFENDANT JERRY DUNN, IN HIS PERSONAL CAPACITYS ANSWERS TO PLAINTIFF LISA TACHIBANAS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES DATED DECEMBER 8, 2009; EXHIBIT A) (Major, David)
February 1, 2010 Opinion or Order Filing 281 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT/COUNTERCLAIMANT/CROSS-CLAIMANT/CROSS-CLAIM DEFENDANT BANK OF AMERICA, N.A.'S #212 MOTION FOR PROTECTIVE ORDER RE: PLAINTIFFS' 30(B)(6) DEPOSITION OF BANK OF AMERICA, N.A. FILED ON DECEMBER 24, 2009. Signed by Judge BARRY M. KURREN on 2/1/10. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants (*Robert A. Muckenfuss and William Hannah who are not registered to receive electronic notifications were served by first class mail on 2/2/10 . Modified on 2/1/2010 (ecs, ).
January 29, 2010 Opinion or Order Filing 280 NOTICE of Hearing on Motions #275 Plaintiff Lawrence Tachibana and Counter Defendant Lawrence Tachibana's First MOTION for Summary Judgment and #277 Counter Defendant Lisa Tachibana and Plaintiff Lisa Tachibana's First MOTION for Summary Judgment set for 4/21/2010 at 10:00 AM before JUDGE SAMUEL P KING. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
January 28, 2010 Opinion or Order Filing 279 Expert Witness Disclosure. filed by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
January 27, 2010 Opinion or Order Filing 278 CONCISE STATEMENT of Facts re #277 First MOTION for Summary Judgment filed by Lisa Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #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 Declaration Lisa Tachibana, #11 Certificate of Service)(Brown, Philip)
January 27, 2010 Opinion or Order Filing 277 First MOTION for Summary Judgment Philip R. Brown appearing for Counter Defendant Lisa Tachibana, Plaintiff Lisa Tachibana (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Brown, Philip)
January 27, 2010 Opinion or Order Filing 276 CONCISE STATEMENT of Facts re #275 First MOTION for Summary Judgment filed by Lawrence Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #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 Declaration of Lawrence Tachibana, #11 Certificate of Service)(Brown, Philip)
January 27, 2010 Opinion or Order Filing 275 First MOTION for Summary Judgment Philip R. Brown appearing for Plaintiff Lawrence Tachibana, Counter Defendant Lawrence Tachibana (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Brown, Philip)
January 22, 2010 Opinion or Order Filing 274 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
January 15, 2010 Opinion or Order Filing 273 NOTICE by Albert Leong, Robert R. Bray, Johanne Bray, Puanani Blake, Alva E. Blake, Lawrence Tachibana, Roger Braun, Lisa Tachibana RE SUBMISSION OF PROPOSED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT/COUNTERCLAIMANT/CROSS-CLAIMANT/CROSS-CLAIM DEFENDANT BANK OF AMERICA, N.A.S MOTION FOR PROTECTIVE ORDER RE: PLAINTIFFS 30(b)(6) DEPOSITION OF BANK OF AMERICA, N.A. FILED ON DECEMBER 24, 2009 Albert Leong, Robert R. Bray, Johanne Bray, Puanani Blake, Alva E. Blake, Lawrence Tachibana, Roger Braun, Lisa Tachibana. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Brown, Philip) Text font modified on 1/19/2010 (ecs, ).
January 14, 2010 Opinion or Order Filing 272 CERTIFICATE OF SERVICE by Jerry Dunn, in his Personal Capacity 's ANSWER TO PLAINTIFF LAWRENCE TACHIBANA'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DATED DECEMBER 8, 2009 (Carroll, Michael)
January 14, 2010 Opinion or Order Filing 271 CERTIFICATE OF SERVICE by Jerry Dunn, in his Personal Capacity 's ANSWER TO PLAINTIFF LAWRENCE TACHIBANA'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES DATED DECEMBER 8, 2009; EXHIBIT A (Carroll, Michael)
January 14, 2010 Opinion or Order Filing 270 OBJECTION AMENDMENT TO BANK OF AMERICA, N.A.S OBJECTION TO PLAINTIFFS PROPOSED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT/COUNTER-CLAIMANT/CROSS-CLAIMANT/ CROSS-CLAIM DEFENDANT BANK OF AMERICA, N.A.S #234 MOTION FOR PROTECTIVE ORDER RE: PLAINTIFFS 30(b)(6) DEPOSITION OF BANK OF AMERICA, N.A., FILED ON DECEMBER 24, 2009 filed by Bank of America, N.A.. (Attachments: #1 Exhibit B, #2 Certificate of Service)(Chow, Connie) Modified on 1/15/2010 (ecs, ).
January 14, 2010 Opinion or Order Filing 269 TRANSCRIPT of Proceedings held on 1/6/2010, - before Judge Kurren. Court Reporter/Transcriber Jessica Cahill, Telephone number (808)244-0776. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 2/1/2010. Redacted Transcript Deadline set for 2/11/2010. Release of Transcript Restriction set for 4/11/2010. (Cahill, Jessica)
January 13, 2010 Opinion or Order Filing 268 CERTIFICATE OF SERVICE by Bank of America, N.A. re #267 Objection, (Chow, Connie)
January 13, 2010 Opinion or Order Filing 267 OBJECTION TO PLAINTIFFS' PROPOSED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT/COUNTER-CLAIMANT/CROSS-CLAIMANT/CROSS-CLAIM DEFENDANT BANK OF AMERICA, N.A.'S #234 MOTION FOR PROTECTIVE ORDER RE: PLAINTIFFS' 30(B)(6) DEPOSITION OF BANK OF AMERICA, N.A. FILED ON DECEMBER 24, 2009 filed by Bank of America, N.A.. (Attachments: #1 Exhibit A)(Chow, Connie) Linked created on 1/15/2010 (ecs, ).
January 13, 2010 Opinion or Order Filing 266 EP: Settlement Conference held. No settlement at this time. Further Settlement Conference on call. (Chambers no record 1:30-2:46 PM.) (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 13, 2010 Opinion or Order Filing 265 CERTIFICATE OF SERVICE by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC [Re 3D Resorts, Inc.'s Response to Lawrence Tachibana's First Request for Production of Documents and First Request for Answers to Interrogatories and Lisa Tachibana's First Request for Answers to Interrogatories] (Ito, Allison)
January 11, 2010 Opinion or Order Filing 264 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
January 11, 2010 Opinion or Order Filing 263 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
January 8, 2010 Opinion or Order Filing 262 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
January 8, 2010 Opinion or Order Filing 261 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
January 8, 2010 Opinion or Order Filing 260 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
January 7, 2010 Opinion or Order Filing 259 STIPULATION FOR SECOND EXTENSION OF TIME FOR PARTIES TO 1) DISCLOSE THE IDENTITY OF AND WRITTEN REPORT OF AY PERSON WHO MAY BE USED AT TRIAL TO PRESENT EXPERT EVIDENCE AND 2) FILE DISPOSITIVE MOTIONS AND ORDER. Signed by Judge BARRY M. KURREN on 1/7/10. (ecs, )( Motions due by 3/5/2010.) ~ Plaintiffs' deadline to disclose identity and written report of any person who may be used at trial to present expert evidence is January 29, 2010; and Defendants' deadline to disclose identity and written report of any person who may be used at trial to present expert evidence is February 28, 2010. Deadline to file dispositive motions is March 5, 2010. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 6, 2010 Opinion or Order Filing 258 EP: Hearing on #212 Defendant Bank of America, N.A.'s Motion to Compel Plaintiffs Mark Scribner and Yvette C. Scribner to Respond to First Request for Answers to Interrogatories and First Request for Production of Documents held. In light of the #254 Stipulation For Dismissal of All Claims by Plaintiffs Mark Scribner and Yvette C. Scribner, this Motion is deemed WITHDRAWN. Hearing on #234 Defendant Bank of America, N.A.'s Motion for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America, N.A. held. This Motion is GRANTED IN PART and DENIED IN PART. The deposition at issue shall be taken in Texas or by video conference with the deponent in Texas. If the deposition will be by video conference, Plaintiffs shall pay the related costs. The deponent shall be the person with the most knowledge about the program as it relates to the relevant transactions in this case. Personal information regarding persons who are not in this case shall not be disclosed. Paul S. Aoki shall determine what documents he has or has not turned over to Plaintiffs and shall inform Plaintiffs of those documents within a week. Paul S. Aoki shall also inform Plaintiffs of the persons who worked on the relevant transactions but no longer work at Bank of America. Philip R. Brown to prepare order. Status Conference Re Stipulation to Extend Deadlines held. Even though Defendant William Hannah did not sign the Stipulation, the Court approves it and will sign the Stipulation. (C6F 2:12-2:53pm; C6 no record 2:53-3:00pm.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 6, 2010 Opinion or Order Filing 257 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
January 6, 2010 Opinion or Order Filing 256 ANSWER to #231 Crossclaim, by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
January 6, 2010 Opinion or Order Filing 255 REPLY DEFENDANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC.S ANSWER TO LONE OAK LAND DEVELOPMENT COMPANY, L.P., LONE OAK LAND MANAGEMENT, LLC, C.M.D. MANAGEMENT, INC., AND 3D RESORTS, INC.S CROSS-CLAIM, FILED ON DECEMBER 17, 2009; CERTIFICATE OF SERVICE filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Major, David)
January 5, 2010 Opinion or Order Filing 254 STIPULATION FOR DISMISSAL OF ALL CLAIMS BY PLAINTIFFS MARK SCRIBNER AND YVETTE C. SCRIBNER; ORDER. Signed by JUDGE SAMUEL P KING on 1/5/10. #247 ~ All claims by the SCRIBNERS in the First Amended Complaint against Defendants herein be dismissed with prejudice, each party to bear their own costs and sttorney's fees. The claims of Plaintiffs Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun, Robert R. Bray, Johanne Bray, Alva E. Blake, and Puanani Blake aka Helen Puanani Blake against Defendants in the First Amended Complaint remain. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Link created on 1/6/2010 (ecs, ).
January 5, 2010 Opinion or Order Filing 252 EO: Plaintiffs Motion to Enter Stipulation for Dismissal of All Claims by Plaintiffs Mark Scribner and Yvette Scribner #247 is GRANTED. Court will sign lodged stipulation. (JUDGE SAMUEL P KING)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 5, 2010 Opinion or Order Filing 251 SUGGESTION OF DEATH Upon the Record as to Puanani Blake aka Helen Puanani Blake by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Mark Scribner, Yvette C. Scribner, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
January 4, 2010 Opinion or Order Filing 250 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Mark Scribner, Yvette C. Scribner, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
January 4, 2010 Opinion or Order Filing 249 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Mark Scribner, Yvette C. Scribner, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
January 4, 2010 Opinion or Order Filing 248 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Mark Scribner, Yvette C. Scribner, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
January 4, 2010 Opinion or Order Filing 247 MOTION to Enter Stipulation for Dismissal of All Claims by Plaintiffs Mark Scribner and Yvette Scribner Philip R. Brown appearing for Plaintiffs Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Mark Scribner, Yvette C. Scribner, Lawrence Tachibana, Lisa Tachibana (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit A, #3 Certificate of Service)(Brown, Philip)
January 4, 2010 Opinion or Order Filing 246 REPLY re #242 Memorandum in Opposition to Motion, for Protective Order filed by Bank of America, N.A.. (Attachments: #1 Declaration of Cindy Chism, #2 Declaration of Paul S. Aoki, #3 Exhibit 1, #4 Exhibit 2, #5 Certificate of Service)(Chow, Connie)
January 4, 2010 Opinion or Order Filing 245 EO: A Status Conference Re Stipulation To Extend Deadlines is set for 1/6/2010 at 2:00 PM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 4, 2010 Opinion or Order Filing 244 EO: Hearing on #212 Defendant Bank of America, N.A.'s Motion to Compel Plaintiffs Mark Scribner and Yvette C. Scribner to Respond to First Request for Answers to Interrogatories and First Request for Production of Documents; and #234 Defendant/Counter-Claimant/Cross-Claimant/Cross-Claim Defendant Bank of America, N.A.'s Motion for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America, N.A. set for 1/5/2010 is CONTINUED to 1/6/2010 @ 02:00 PM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 4, 2010 Opinion or Order CORRECTIVE ENTRY re entry docket number #241 MOTION for Pro Hac Vice Supplemental Declaration of Robert A. Muckenfuss filed by Bank of America, N.A. was filed incorrectly as a motion, when it appears to be a Supplemental Declaration of Robert A. Muckenfuss to the Motion for Pro Hac Vice. This erroneous motion will be termed by the Clerk's Office. (ecs, )
December 31, 2009 Opinion or Order Filing 243 ORDER granting #236 Motion to Appear Pro Hac Vice; granting #241 Motion to Appear Pro Hac Vice. Signed by Magistrate JUDGE BARRY M. KURREN on December 31, 2009. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 31, 2009 Opinion or Order Filing 242 MEMORANDUM in Opposition re #234 MOTION for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America N.A. MOTION for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America N.A. filed by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Mark Scribner, Yvette C. Scribner, Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
December 31, 2009 Opinion or Order Filing 241 MOTION for Pro Hac Vice Supplemental Declaration of Robert A. Muckenfuss Connie Chow appearing for Cross Claimant Bank of America, N.A., Cross Defendants Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Chow, Connie) #236 Modified on 1/5/2010 - link created (ecs, ).
December 30, 2009 Opinion or Order Filing 240 CERTIFICATE OF SERVICE by Bank of America, N.A. Re Amended Notice of Taking Depositions Upon Oral Examination (Chow, Connie)
December 29, 2009 Opinion or Order Filing 239 ORDER GRANTING IN PART AND DENYING IN PART #170 MOTION FOR JUDGMENT ON THE PLEADINGS. Signed by Senior JUDGE SAMUEL P KING on December 29, 2009. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 28, 2009 Opinion or Order Filing 238 Notice of Hearing on #234 Defendant/Counter-Claimant/Cross-Claimant/Cross-Claim Defendant Bank of America, N.A.'s Motion for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America, N.A. A hearing on the motion is set for 1/5/2010 at 2:00 PM before JUDGE BARRY M. KURREN. The briefing schedule is as follows: any memorandum in opposition is due by 12:00 PM on 12/31/2009; any reply memorandum is due by 12:00 PM on 1/4/2010. (kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
December 28, 2009 Opinion or Order Filing 237 Filing fee: $ 225,receipt number 250091 re #236 MOTION for Pro Hac Vice Admission of Attorney [Re: Robert A. Muckenfuss, Pro Hac Vice]. (emt, )
December 28, 2009 Opinion or Order Filing 236 MOTION for Pro Hac Vice Admission of Attorney Connie Chow appearing for Cross Claimant Bank of America, N.A., Cross Defendant Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order, #4 Certificate of Service)(Chow, Connie)
December 28, 2009 Opinion or Order Filing 235 EXHIBIT 1 RE: DEFENDANT/COUNTER-CLAIMANT/CROSS-CLAIMANT/ CROSS-CLAIM DEFENDANT BANK OF AMERICA, N.A.S MOTION FOR PROTECTIVE ORDER RE: PLAINTIFFS 30(b)(6) DEPOSITION OF BANK OF AMERICA, N.A. FILED ON DECEMBER 24, 2009. filed by Bank of America, N.A.. Related document: #234 MOTION for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America N.A. MOTION for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America N.A. filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Vieira, Michael)
December 27, 2009 Opinion or Order CORRECTIVE ENTRY. Exhibit "1" (to declaration of Paul S. Aoki) not included with docket entry number #234 MOTION for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America N.A. filed by Bank of America, N.A. Filing party may either re-file the motion in its entirety, or e-file only the Exhibit 1. If filing party chooses to electronically file only the Exhibit, please include a captioned cover-page (in accordance with the provisions of Local Rule 10.2 "Form of Papers"). The filing event "Exhibit" (located under trial documents) may be used. The event will also pose the question "Should the document you are filing link to another document in this case?". At this point, the filing party may enter document number 234, the docket entry number assigned to the Motion for Protective Order. (afc)
December 24, 2009 Opinion or Order Filing 234 MOTION for Protective Order Re: Plaintiffs' 30(b)(6) Deposition of Bank of America N.A. Michael R. Vieira appearing for Cross Claimant Bank of America, N.A., Cross Defendants Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Paul S. Aoki, #3 Certificate of Service)(Vieira, Michael)
December 24, 2009 Opinion or Order Filing 233 CERTIFICATE OF SERVICE by Lawrence Tachibana (Brown, Philip)
December 17, 2009 Opinion or Order Filing 232 ANSWER to #135 Answer to Amended Complaint,,, Crossclaim,,, Counterclaim,, (Colorado Mountain Development, Inc. dba Lone Oak Land Development Company, L.P. and Certificate of Service) by Colorado Mountain Development, Inc..(Verbrugge, Neil)
December 17, 2009 Opinion or Order Filing 231 CROSSCLAIM (and Certificate of Service) against Bank of America, N.A., Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity, William Hannah, filed by Lone Oak Land Management, LLC, 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P..(Verbrugge, Neil)
December 17, 2009 Opinion or Order Filing 230 ANSWER to #177 Crossclaim [Cross-Claim Defendants Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc. and 3D Resort's, Inc.'s Answer to Defendant Jerry Dunn's Cross-Claim filed on September 14, 2009; Certificate of Service] by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC.(Verbrugge, Neil)
December 14, 2009 Opinion or Order Filing 229 INCLINATIONS AND ORDER VACATING ORAL HEARING #170 . Signed by JUDGE SAMUEL P KING on 12/14/09. ~ Defendant Jerry Dunn has moved for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. [Doc. 170]. Upon review of the motion and related filings, the Court will decide the motion without an oral hearing pursuant to LR 7.2(d). The December 16, 2009, hearing is VACATED and the matter will be submitted for decision in seven days. Because the parties might have intended to make additional arguments at a hearing on December 16, 2009, and because Loan Oak Defendants have only recently retained new counsel, the Court will allow optional short supplemental memoranda within 7 days to address these inclinations. An order deciding Defendant Dunn's motion will follow in due course. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 11, 2009 Opinion or Order Filing 228 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Mark Scribner, Yvette C. Scribner, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
December 11, 2009 Opinion or Order Filing 227 CERTIFICATE OF SERVICE by Alva E. Blake, Puanani Blake, Roger Braun, Johanne Bray, Robert R. Bray, Albert Leong, Mark Scribner, Yvette C. Scribner, Lawrence Tachibana, Lisa Tachibana (Brown, Philip)
December 11, 2009 Opinion or Order Filing 226 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
December 10, 2009 Opinion or Order Filing 225 ANSWER to #162 Answer to Amended Complaint, Counterclaim by Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
December 10, 2009 Opinion or Order Filing 224 ANSWER to #169 Counterclaim, by Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
December 10, 2009 Opinion or Order Filing 223 CERTIFICATE OF SERVICE by Jerry Dunn, in his Personal Capacity and Colorado Mountain Development, Inc. [Re: Defendants Jerry Dunn and Colorado Mountain Development, Inc.s Second Request for Production of Documents to 1) Lawrence Tachibana; 2)Lisa Tachibana; 3) Albert Leong; 4) Robert Braun; 5) Mark Scribner; 6) Yvette C. Scribner; 7) Robert R. Bray; 8) Johanne Bray; 9) Alva E. Blake; and 10) Puanani Blake aka Helen Puanani Blake] (Major, David)
December 4, 2009 Opinion or Order Filing 222 EO: The hearing on #212 Defendant Bank of America, N.A.'s Motion to Compel Plaintiffs Mark Scribner and Yvette C. Scribner to Respond to First Request for Answers to Interrogatories and First Request for Production of Documents, which was set for 12/17/2009 is CONTINUED to 1/5/2010 at 2:00PM before Judge Barry M. Kurren. Any opposition memorandum is due 12/21/2009. Any reply memorandum is due 12/30/2009. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 23, 2009 Opinion or Order Filing 221 EO: Terminated: Order To Show Case Why Default Should Not Be Entered set for 11/23/2009. Notice of Appearances filed on behalf of Defendants Jerry Dunn and Colorado Mountain Development, Inc. #218 and 3D Resorts, Inc. C.M.D. Management, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc. and 3D Resorts, Inc. #219 . (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 20, 2009 Opinion or Order Filing 220 CERTIFICATE OF SERVICE by 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Management, LLC re #219 Notice of Appearance ; Exhibit "A" (Verbrugge, Neil)
November 20, 2009 Opinion or Order Filing 219 NOTICE of Appearance by Neil J. Verbrugge on behalf of 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Management, LLC on behalf of 3D Resorts, Inc., C.M.D. Management, Inc., Lone Oak Land Management, LLC. (Verbrugge, Neil)
November 17, 2009 Opinion or Order Filing 218 NOTICE of Appearance of Counsel; Certificate of Service - by David Ronald Major on behalf of Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (ecs, )
November 17, 2009 Opinion or Order Filing 217 REPLY to Response to Motion re #170 MOTION for Judgment on the Pleadings With Respect to Counts IV, V, VI, VII, VIII, IX, X, and XI of the First Amended Complaint filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Attachments: #1 Declaration of Michael C. Carroll, #2 Exhibit A, #3 Certificate of Service)(Carroll, Michael)
November 16, 2009 Opinion or Order Filing 216 EP: The hearing on #194 Order To Show Cause Why Default Should Not Be Entered was not held. The hearing on the #194 Order To Show Cause is CONTINUED to November 23, 2009 at 11:00 a.m. before Judge BARRY M. KURREN. (C6 no record 9:25-9:30 AM.) (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 11/16/2009 (kur1, ).
November 13, 2009 Opinion or Order Filing 215 STATEMENT of Position re: Order to Show Cause as to Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, CMD Management, Inc. and 3D Resorts, Inc. filed October 5, 2009 [Doc. No. 194] filed by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Carroll, Michael)
November 13, 2009 Opinion or Order Filing 214 NOTICE of Hearing on #212 Defendant/Counter-Claimant/Cross-Claimant/Cross-Claim Defendant Bank of America, N.A.'s Motion to Compel Plaintiffs Mark Scribner and Yvette C. Scribner to Respond to First Request for Answers to Interrogatories and First Request for Production of Documents. A hearing on the motion is set for 12/17/2009 at 2:00 PM before Judge BARRY M. KURREN. Any opposition memorandum to the motion is due 12/4/2009. Any reply memorandum is due 12/14/2009. (kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
November 10, 2009 Opinion or Order Filing 213 ORDER GRANTING IN PART AND DENYING IN PART (1) DEFENDANTS JERRY DUNN AND COLORADO MOUNTAIN DEVELOPMENT, INC.S #204 MOTION TO CONTINUE TRIAL DATE and (2) DEFENDANT/COUNTERCLAIMANT/ CROSS-CLAIMANT/ CROSS-CLAIM DEFENDANT BANK OF AMERICA, N.A.S #206 MOTION TO CONTINUE TRIAL AND EXTEND ALL PRE-TRIAL DEADLINES. Signed by Judge BARRY M. KURREN on 11/10/09. ~ The trial date in this matter is continued from April 6, 2010 to June 29, 2010 at 9:00 am before the Honorable Judge Samuel P. King. As noted during the hearing, some counsel have trials set during the same time as the new trial date in this case, and the Court will accommodate those conflicts (if they continue to exist) as the trial date in this case approaches. All pretrial deadlines are continued and the Court is to issue an amended scheduling order setting forth the new deadlines. The discovery cut- off shall be extended to thirty (30) days before trial, or May 28, 2010. The settlement conference shall remain on calendar and is scheduled for January 13, 2010 at 1:30 p.m. before the Honorable Judge Barry M. Kurren. The parties further agree that expert disclosures shall be continued as follows: (i) Plaintiffs deadline to disclose the identity and written report of any person who may be used at trial to present expert evidence is continued from October 26, 2009 to December 30, 2009; and Defendants deadline to disclose the identity and written report of any person who may be used at trial to present expert evidence is continued from November 25, 2009 to January 29, 2010. (ecs, )No COS issued for this docket entry
November 9, 2009 Opinion or Order Filing 212 MOTION to Compel Plaintiffs Mark Scribner and Yvette C. Scribner to Respond to First Request for Answers to Interrogatories and First Request for Production of Documents Connie Chow appearing for Cross Claimant Bank of America, N.A., Cross Defendant Bank of America, N.A., Counter Claimant Bank of America, N.A., Defendant Bank of America, N.A. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Certificate of Service)(Chow, Connie)
November 2, 2009 Opinion or Order Filing 211 AMENDED RULE 16 SCHEDULING ORDER. Signed by Judge BARRY M. KURREN on 11/2/09. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 2, 2009 Opinion or Order Filing 210 EO: #170 Defendant Jerry Dunn, in his personal Capacity's MOTION for Judgment on the Pleadings With Respect to Counts IV, V, VI, VII, VIII, IX, X, and XI of the First Amended Complaint set for hearing on 11/18/2009 continued to 12/16/2009 at 10:00 AM before JUDGE SAMUEL P KING. (JUDGE SAMUEL P KING)(lls, )
October 30, 2009 Opinion or Order Filing 209 EP: Hearing on the following motions were held: #204 Defendants Jerry Dunn and Colorado Mountain Development, Inc.'s Motion To Continue Trial Date - GRANTED IN PART and DENIED IN PART; #206 Defendant Bank of America, N.A.'s Motion To Continue Trial and Extend All Pre-Trial Deadlines - GRANTED IN PART and DENIED IN PART. Michael C. Carroll to prepare and submit an order on the above motions. Given the Courts ruling on the foregoing motions, all dates and deadlines are VACATED. New dates given, as shown below. Court to prepare scheduling order. Discovery due by 5/28/2010. Motions due by 1/27/2010. Final Pretrial Conference set for 5/18/2010 09:00 AM before Judge BARRY M. KURREN. Jury Selection/Trial set for 09:00 AM on 6/29/2010 before JUDGE SAMUEL P KING. Settlement Conference set for 1/13/2010 01:30 PM before Judge BARRY M. KURREN. (C6F 10:02-10:36a.m..) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 29, 2009 Opinion or Order Filing 208 MEMORANDUM in Opposition re #204 MOTION to Continue Trial Date, #206 MOTION to Continue Trial Date and Extend All Pretrial Deadlines filed by Mark Scribner, Yvette C. Scribner, Robert R. Bray, Johanne Bray, Alva E. Blake, Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun. (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit A, #3 Certificate of Service)(Brown, Philip)
October 27, 2009 Opinion or Order Filing 207 NOTICE of Hearing on #206 Defendant Bank of America, N.A.'s Motion To Continue Trial and Extend All Pre-Trial Deadlines set for 10/30/2009 at 10:00 AM before Judge BARRY M. KURREN. Any opposition memorandum is due 10/29/2009.(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
October 26, 2009 Opinion or Order Filing 206 MOTION to Continue Trial Date and Extend All Pretrial Deadlines Connie Chow appearing for Defendant Bank of America, N.A., Cross Claimant Bank of America, N.A., Cross Defendant Bank of America, N.A., Counter Claimant Bank of America, N.A. (Attachments: #1 Memorandum In Support, #2 Declaration of Paul S. Aoki, #3 Certificate of Service)(Chow, Connie)
October 26, 2009 Opinion or Order Filing 205 NOTICE of Hearing on #204 Defendants Jerry Dunn and Colorado Mountain Development, Inc.'s Motion To Continue Trial Date set for 10/30/2009 at 10:00 AM before Judge BARRY M. KURREN. Any opposition memorandum is due 10/29/2009.(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
October 26, 2009 Opinion or Order Filing 204 MOTION to Continue Trial Date Michael C. Carroll appearing for Defendants Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Carroll, Michael)
October 23, 2009 Opinion or Order Filing 203 EP: Status Conference Re: Trial Date and Other Deadlines held. Paul Aoki and/or Michael C. Carroll shall file a Motion To Continue Trial Date on Monday, October 26, 2009. Any opposition memorandum is due Thursday, October 29, 2009. A hearing on this motion will be set for October 30, 2009 at 10:00 a.m. before Judge Barry M. Kurren.Plaintiffs' deadline to disclose the identity and written report of any person who may be used at trial to present expert evidence, currently set for 10/26/2009, is STAYED pending a decision on whether to continue the trial date. (C6 no record 9:00-9:11a.m.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 22, 2009 Opinion or Order Filing 202 EO: Status Conference Re: Trial Date and Other Deadlines set for 10/30/2009 has been rescheduled to 10/23/2009 @ 09:00 AM before Judge BARRY M. KURREN. Warren Fabio to notify the parties. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 19, 2009 Opinion or Order Filing 201 CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Jerry Dunn, in his Personal Capacity (Carroll, Michael)
October 15, 2009 Opinion or Order Filing 199 EO: Status Conference re: trial date and other deadlines is continued from 10/23/2009 to 10/30/2009 @ 9:30 AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 14, 2009 Opinion or Order Filing 198 EO: Status Conference re: trial date and other deadlines set for 10/23/2009 @ 09:00 AM before Judge BARRY M. KURREN at the request of Paul S. Aoki. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 13, 2009 Opinion or Order Filing 197 CERTIFICATE OF SERVICE by Mark Scribner, Yvette C. Scribner, Robert R. Bray, Johanne Bray, Alva E. Blake, Puanani Blake, Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun (Brown, Philip)
October 13, 2009 Opinion or Order Filing 196 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
October 6, 2009 Opinion or Order Filing 195 EO: Given the recent withdrawals of counsel for many of the named Defendants, the hearing on Defendant Jerry Dunns Motion for Judgment on the Pleadings #170 is CONTINUED from 10/21/2009 until 11/18/2009 at 10:00 am. The Court deems it prudent to await developments from Judge Kurrens Order to Show Cause of 10/5/2009. Given the nature of the allegations of the relationships between Defendant Dunn and the (now unrepresented) Loan Oak Entities, the Court will await whether these entities will be represented or whether they will be in default before considering the Motion for Judgment on the Pleadings. (JUDGE SAMUEL P KING)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 5, 2009 Opinion or Order Filing 194 ORDER TO SHOW CAUSE. Signed by Judge BARRY M. KURREN on 10/3/09. **Show Cause Hearing set for 11/16/2009 09:30 AM before Judge BARRY M. KURREN. Show Cause Response due by 11/16/2009. ~ Accordingly, the following Defendants are ORDERED to appear before the Honorable Barry M. Kurren, United States Magistrate Judge, on November 16, 2009 at 9:30 a.m. to show good cause, if any, why default should not be entered against them: (1) Lone Oak Land Development Company, L.P., (2) Lone Oak Land Management, LLC, (3) C.M.D. Management, Inc., and (4) 3D Resorts, Inc. If any of these Defendants retains counsel, and that counsel enters a notice of appearance in this case before November 16, 2009, that Defendant need not appear on November 16, 2009 for the show cause hearing. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 2, 2009 Opinion or Order Filing 193 MEMORANDUM re #187 Statement of Position by Defendant/Counterclaimant/Cross-Claimant/Cross-Claim Defendant Bank of America, N.A. Regarding #170 Defendant Jerry Dunn's Rule (c) Motion for Judgment on the Pleadings With Respect to Counts IV, V, VII, IX, X, and XI of the First Amended Complaint filed by Mark Scribner, Yvette C. Scribner, Robert R. Bray, Johanne Bray, Alva E. Blake, Puanani Blake, Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun. (Attachments: #1 Certificate of Service)(Brown, Philip) Link created on 10/5/2009 (ecs, ).
October 2, 2009 Opinion or Order Filing 192 MEMORANDUM in Opposition re #170 MOTION for Judgment on the Pleadings With Respect to Counts IV, V, VI, VII, VIII, IX, X, and XI of the First Amended Complaint filed by Mark Scribner, Yvette C. Scribner, Robert R. Bray, Johanne Bray, Alva E. Blake, Puanani Blake, Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun. (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit A, #3 Certificate of Service)(Brown, Philip)
October 2, 2009 Opinion or Order Filing 191 CERTIFICATE OF SERVICE by Bank of America, N.A. Re: (1) Defendant/Counterclaimant/Cross-Claimant Bank of America, N.A.'s Response to Plaintiff Lawrence Tachibana's First Request for Answers to Interrogatories to Defendant Bank of America, N.A., Dated 8/7/07; (2) Defendant/Counterclaimant/Cross-Claimant Bank of America, N.A.'s Response to Plaintiff Lisa Tachibana's First Request for Answers to Interrogatories to Defendant Bank of America, N.A., Dated 8/7/09; and (3) Defendant/Counterclaimant/Cross-Claimant Bank of America, N.A.'s Response to Plaintiff Lawrence Tachibana's First Request for Production of Documents to Defendant Bank of America, N.A., Dated 8/7/09 (Vieira, Michael)
September 29, 2009 Opinion or Order Filing 190 NOTICE of Appearance by Michael C. Carroll on behalf of Colorado Mountain Development, Inc. on behalf of Colorado Mountain Development, Inc.. (Carroll, Michael)
September 29, 2009 Opinion or Order Filing 189 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WILLIAM HANNAH, FILED ON SEPTEMBER 21, 2009 #180 - Follows oral order of 9/25/09 . Signed by Judge BARRY M. KURREN on 9/29/2008. (ecs, )No COS issued for this docket entry
September 29, 2009 Opinion or Order Filing 188 ORDER GRANTING GOODSILL ANDERSON QUINN & STIFEL LLP'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS, COUNTERCLAIMANTS AND CROSS-CLAIM DEFENDANTS COLORADO MOUNTAIN DEVELOPMENT, INC., LONE OAK LAND DEVELOPMENT COMPANY, L.P., LONE OAK LAND MANAGEMENT, LLC, C.M.D. MANAGEMENT, INC., AND 3D RESORTS, INC. FILED ON SEPTEMBER 1, 2009 #172 - Follows oral order of 9/25/09. Signed by Judge BARRY M. KURREN on 9/29/09. (ecs, )No COS issued for this docket entry
September 29, 2009 Opinion or Order COURT'S CERTIFICATE of Service - Pursuant to LR 58.2 (c) Judgments and orders prepared by the court or clerk shall be served by the clerk on all parties appearing in the action. Judgments and orders prepared by a party shall be served by that party on all other parties appearing in the action immediately upon receipt of a copy of the judgment or order signed by the judge. The Order #188 has been served to the party preparing the order - Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
September 29, 2009 Opinion or Order COURT'S CERTIFICATE of Service - Pursuant to LR 58.2 (c) Judgments and orders prepared by the court or clerk shall be served by the clerk on all parties appearing in the action. Judgments and orders prepared by a party shall be served by that party on all other parties appearing in the action immediately upon receipt of a copy of the judgment or order signed by the judge . The Order #189 has been served to the party preparing the order - Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (ecs, )
September 28, 2009 Opinion or Order Filing 187 STATEMENT re #170 MOTION for Judgment on the Pleadings With Respect to Counts IV, V, VI, VII, VIII, IX, X, and XI of the First Amended Complaint filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
September 25, 2009 Opinion or Order Filing 186 EP: Hearing on the following motions were held on 9/25/2009: #172 Goodsill Anderson Quinn & Stifel LLP's Motion To Withdraw As Counsel For Defendants, Counter-Claimants And Cross-Claim Defendants Colorado Mountain Development, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc., and 3D Resorts, Inc. - GRANTED; and #180 Motion To Withdraw as Counsel For Defendant William Hannah - GRANTED.(C6F 3:05-3:14p.m.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 24, 2009 Opinion or Order Filing 185 ANSWER to #177 Crossclaim by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
September 24, 2009 Opinion or Order Filing 184 STATEMENT of No Opposition re #180 MOTION to Withdraw as Attorney for Defendant William Hannah filed by Mark Scribner, Yvette C. Scribner, Robert R. Bray, Johanne Bray, Alva E. Blake, Puanani Blake, Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun. (Attachments: #1 Certificate of Service)(Brown, Philip)
September 22, 2009 Opinion or Order Filing 183 NOTICE of Hearing on #180 Motion To Withdraw as Counsel For Defendant William Hannah. Motion Hearing set for 9/25/2009 at 3:00 PM before Judge BARRY M. KURREN. Any opposition is due 9/24/2009. (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 22, 2009 Opinion or Order Filing 182 STATEMENT of No Position re #180 MOTION to Withdraw as Attorney filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
September 21, 2009 Opinion or Order Filing 181 STATEMENT of No Opposition re #172 MOTION to Withdraw as Attorney filed by Mark Scribner, Yvette C. Scribner, Robert R. Bray, Johanne Bray, Alva E. Blake, Puanani Blake, Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun. (Attachments: #1 Certificate of Service)(Brown, Philip)
September 21, 2009 Opinion or Order Filing 180 MOTION to Withdraw as Attorney Lyle S. Hosoda appearing for Defendant William Hannah (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Lyle S. Hosoda, #3 Certificate of Service)(Hosoda, Lyle)
September 16, 2009 Opinion or Order Filing 179 STATEMENT of No Position re #172 MOTION to Withdraw as Attorney filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
September 16, 2009 Opinion or Order Filing 178 STIPULATION FOR FIRST EXTENSION OF TIME FOR PARTIES TO DISCLOSE TO EACH OTHER THE IDENTITY AND WRITTEN REPORT OF ANY PERSON WHO MAY BE USED AT TRIAL TO PRESENT EVIDENCE UNDER RULES 702, 703, AND/OR 705 OF THE FEDERAL RULES OF EVIDENCE AND ORDER. Signed by Judge BARRY M. KURREN on 9/16/09.(ecs, )No COS issued for this docket entry
September 14, 2009 Opinion or Order Filing 177 CROSSCLAIM against all defendants, filed by Jerry Dunn, in his Personal Capacity.(Carroll, Michael)[Defendant Jerry Dunn's Cross-claim against Defendants Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc., 3D Resorts, Inc., William Hannah, and Bank of America, N.A.; Certificate of Service) Modified on 12/17/2009 (ecs, ).
September 14, 2009 Opinion or Order Filing 176 REPLY to #135 Bank of America, N.A's Cross-Claim, Filed on June 8, 2009; Certificate of Service filed by Jerry Dunn, in his Personal Capacity. (Carroll, Michael) Modified add link to crossclaim on 9/15/2009 (ecs, ).
September 10, 2009 Opinion or Order Filing 175 CERTIFICATE OF SERVICE by 3D Resorts, Inc. of Response to Plaintiff Lawrence Tachibana's First Request for Answers to Interrogatories and First Request for Production of Documents dated August 11, 2009 (Fricke, Robert)
September 4, 2009 Opinion or Order Filing 174 NOTICE of Hearing on #172 Goodsill Anderson Quinn & Stifel LLP's Motion To Withdraw As Counsel For Defendants, Counter-Claimants And Cross-Claim Defendants Colorado Mountain Development, Inc., Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc., And 3D Resorts, Inc. set for 9/25/2009 @ 03:00 PM before Judge BARRY M. KURREN. Any opposition due by 9/21/2009. Any reply due by noon on 9/23/2009.(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 2, 2009 Opinion or Order Filing 173 NOTICE of Hearing on Motion #170 Defendant Jerry Dunn, in his Personal Capacity's MOTION for Judgment on the Pleadings With Respect to Counts IV, V, VI, VII, VIII, IX, X, and XI of the First Amended Complaint set for 10/21/2009 at 10:00 AM before JUDGE SAMUEL P KING. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 1, 2009 Opinion or Order Filing 172 MOTION to Withdraw as Attorney Joachim P. Cox appearing for Defendants Colorado Mountain Development, Inc., Lone Oak Land Management, LLC, C.M.D. Management, Inc., 3D Resorts, Inc. (Attachments: #1 Memorandum in Support, #2 Declaration of Joachim P. Cox, #3 Certificate of Service)(Cox, Joachim)
August 31, 2009 Opinion or Order Filing 171 NOTICE of Appearance of Counsel - by Crystal K. Rose on behalf of Defendant Jerry Dunn (ecs, ) Modified file date to 8/31/09 on 9/2/2009 (ecs, ).
August 31, 2009 Opinion or Order Filing 170 MOTION for Judgment on the Pleadings With Respect to Counts IV, V, VI, VII, VIII, IX, X, and XI of the First Amended Complaint Michael C. Carroll appearing for Defendant Jerry Dunn, in his Personal Capacity (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Michael C. Carroll, #3 Exhibit A, #4 Exhibit B 1 of 2, #5 Exhibit B 2 of 2, #6 Exhibit C, #7 Certificate of Service)(Carroll, Michael)
August 31, 2009 Opinion or Order Filing 169 COUNTERCLAIM against Mark Scribner, Yvette C. Scribner, Robert R. Bray, Johanne Bray, Alva E. Blake, Puanani Blake, Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun, filed by Jerry Dunn, in his Personal Capacity. (Attachments: #1 Certificate of Service)(Carroll, Michael)
August 31, 2009 Opinion or Order Filing 168 Defendant Jerry Dunn's ANSWER to #108 Amended Complaint Filed on January 13, 2009 by Jerry Dunn, in his Personal Capacity. (Attachments: #1 Certificate of Service)(Carroll, Michael)
August 28, 2009 Opinion or Order Filing 167 CERTIFICATE OF SERVICE by Bank of America, N.A. Re Defendant/Crossclaimant/Counter-claimant Bank of America, N.A.'s First Request for Answers to Interrogatories to William Hannah (Chow, Connie)
August 27, 2009 Opinion or Order Filing 166 EP: Settlement Conference held. No settlement at this time. Further Settlement Conference on call. (Chambers no record 9:30-11:30a.m.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 20, 2009 Opinion or Order Filing 165 CERTIFICATE OF SERVICE by Bank of America, N.A. (Chow, Connie)
August 19, 2009 Opinion or Order Filing 164 NOTICE of Appearance by Connie Chow on behalf of Bank of America, N.A. on behalf of Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Chow, Connie)
August 17, 2009 Opinion or Order Filing 163 ANSWER to #135 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,, by 3D Resorts, Inc.. (Attachments: #1 Certificate of Service)(Fricke, Robert) [Defendant and Cross-claim Defendant 3D Resorts, Inc.'s ANSWER to Defendant Bank of America, N.A.'s CROSS-CLAIM filed On June 8, 2009; Certificate of Service] Document Title in its entirety - inserted on 8/17/2009 (ecs, ).
August 17, 2009 Opinion or Order Filing 162 ANSWER to #108 Amended Complaint, COUNTERCLAIM against Lawrence Tachibana, Lisa Tachibana by 3D Resorts, Inc.. (Attachments: #1 Counterclaim, #2 Certificate of Service)(Fricke, Robert)
August 11, 2009 Opinion or Order Filing 161 CERTIFICATE OF SERVICE by Lawrence Tachibana Re (1) Plaintiff Lawrence Tachibanas First Request for Answers to Interrogatories to Defendant 3D Resorts, Inc.; Interrogatories and (2) Plaintiff Lawrence Tachibanas First Request for Production of Documents to Defendant 3D Resorts, Inc.; Exhibit A (Brown, Philip)
August 7, 2009 Opinion or Order Filing 160 CERTIFICATE OF SERVICE by Lawrence Tachibana, Lisa Tachibana (1) Plaintiff Lawrence Tachibanas First Request for Answers to Interrogatories to Defendant Bank of America, N.A.; Interrogatories (2) Plaintiff Lisa Tachibanas First Request for Answers to Interrogatories to Defendant Bank of America, N.A.; Interrogatories, and (3) Plaintiff Lawrence Tachibanas First Request for Production of Documents to Defendant Bank of America, N.A.; Exhibit A (Brown, Philip)
August 7, 2009 Opinion or Order Filing 159 ORDER DENYING MOTIONS TO DISMISS. Signed by JUDGE SAMUEL P KING on 8/7/09. ~ Defendant Jerry Dunn's Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Improper Venue #127 , is DENIED. Likewise, Defendant 3D Resorts, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative, Improper Venue #124 , is also DENIED. (ecs, )
August 7, 2009 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #159 ORDER DENYING MOTIONS TO DISMISS has been served - Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
July 28, 2009 Opinion or Order Filing 158 EO:Hearing on #124 Defendant 3D Resorts, Inc.s Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Improper Venue and #127 Defendant Jerry Dunn, in his personal Capacitys Motion to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue set for 7/31/2009 has been vacated. Court will rule on these Two Motions without an oral hearing pursuant to Local Rule 7.2(d). (JUDGE SAMUEL P KING)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 28, 2009 Opinion or Order Filing 157 STATEMENT of No Position re #127 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Vieira, Michael)
July 28, 2009 Opinion or Order Filing 156 STATEMENT of No Position re #124 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Improper Venue; filed by Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Vieira, Michael)
July 20, 2009 Opinion or Order Filing 155 Declaration re #151 Memorandum in Opposition to Motion,, Submission of Original Declaration of Lawrence Tachibana. (Attachments: #1 Declaration of Lawrence Tachibana, #2 Certificate of Service)(Brown, Philip)
July 20, 2009 Opinion or Order Filing 154 REPLY to Response to Motion re #127 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue filed by Jerry Dunn, in his Personal Capacity. (Attachments: #1 Declaration of Jerry Dunn, #2 Declaration of Joseph Bryan Dunn, #3 Certificate of Service)(Carroll, Michael)
July 20, 2009 Opinion or Order Filing 153 REPLY to Response to Motion re #124 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Improper Venue; filed by 3D Resorts, Inc.. (Attachments: #1 Declaration of Joachim P. Cox, #2 Exhibit 5, #3 Certificate of Service)(Cox, Joachim)
July 14, 2009 Opinion or Order Filing 152 Errata re #124 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Improper Venue;, #150 Memorandum in Opposition to Motion,,. (Attachments: #1 Memorandum, #2 Certificate of Service)(Brown, Philip)
July 14, 2009 Opinion or Order CORRECTIVE ENTRY re entry docket number #150 Memorandum in Opposition to #124 Motion to Dismiss filed by Lawrence Tachibana, Lisa Tachibana. 7/14/09 Filing party/Warren has advised the Clerk's Office that the "Declaration of Lisa Tachibana" was attached in error as the Main Document/Memorandum and will be filing an ERRATA to correct the Memorandum in Opposition. (ecs, )
July 13, 2009 Opinion or Order Filing 151 MEMORANDUM in Opposition re #127 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue filed by Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Lawrence Tachibana, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Lisa Tachibana, #5 Exhibit C, #6 Exhibit D, #7 Declaration of Philip R. Brown, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Certificate of Service)(Brown, Philip)
July 13, 2009 Opinion or Order Filing 150 MEMORANDUM in Opposition re #124 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Improper Venue; filed by Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Declaration of Lisa Tachibana, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration of Philip R. Brown, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Certificate of Service)(Brown, Philip)
July 13, 2009 Opinion or Order Filing 149 STATEMENT of No Position re #127 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue filed by William Hannah. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
July 13, 2009 Opinion or Order Filing 148 EO: #146 Defendant 3D Resorts, Inc. Motion to Withdraw #140 Motion to Dismiss for Lack of Jurisdiction or in the Alternative Improper Venue is hereby Granted. #140 Defendant 3D Resorts, Inc.'s Motion to Dismiss for Lack of Jurisdiction or in the Alternative Improper Venue is hereby Terminated. (JUDGE SAMUEL P KING)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 13, 2009 Opinion or Order Filing 147 STATEMENT of No Position re #127 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue filed by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC, C.M.D. Management, Inc., 3D Resorts, Inc.. (Attachments: #1 Certificate of Service)(Cox, Joachim)
July 9, 2009 Opinion or Order Filing 146 MOTION to Withdraw #140 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Improper Venue, Defendant Bank of America, N.A's Cross-Claim Filed on June 8, 2009 (Notice of Withdrawal, Without Prejudice, of Motion) Joachim P. Cox appearing for Defendant 3D Resorts, Inc., Cross Defendant 3D Resorts, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Cox, Joachim)
June 29, 2009 Opinion or Order Filing 145 EO: Confidential Settlement Conference Statements for the 8/27/2009 Settlement Conference are due 8/20/2009. The Settlement Conference set for 1/13/2010 is VACATED. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 26, 2009 Opinion or Order Filing 144 EP: Status Conference held. Deadline for filing 12(b) motions continued to August 31, 2009. Settlement Conference set for August 27, 2009 at 9:30 before Judge Barry M. Kurren.(C6, No Record 9:01AM-9:08AM.) (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Additional attachment(s) added on 6/26/2009: #1 Main Document) (kur1, ).
June 26, 2009 Opinion or Order Filing 143 Plaintiff/Counterclaim Defendants Lawrence and Lisa Tachibana's ANSWER to #135 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,, by Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
June 26, 2009 Opinion or Order Filing 142 NOTICE of Hearing on Motion #140 Defendant 3D Resorts, Inc.'s MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Improper Venue, Defendant Bank of America, N.A's Cross-Claim Filed on June 8, 2009 set for 7/31/2009 at 10:00 AM before JUDGE SAMUEL P KING. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
June 25, 2009 Opinion or Order Filing 141 ANSWER to #135 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,, by William Hannah. (Attachments: #1 COS)(Hosoda, Lyle)
June 24, 2009 Opinion or Order Filing 140 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Improper Venue, Defendant Bank of America, N.A's Cross-Claim Filed on June 8, 2009 Joachim P. Cox appearing for Defendant 3D Resorts, Inc., Cross Defendant 3D Resorts, Inc. (Attachments: #1 Certificate of Service)(Cox, Joachim)
June 24, 2009 Opinion or Order Filing 139 ANSWER to #135 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,, by Lone Oak Land Management, LLC. (Attachments: #1 Certificate of Service)(Cox, Joachim)
June 23, 2009 Opinion or Order Filing 138 EO: Per request of Michael C. Carroll, Status Conference Re: 12(b) motion deadline is set for June 26, 2009 at 9:00 AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 12, 2009 Opinion or Order Filing 137 NOTICE of Appearance by Wayne P. Nasser on behalf of Bank of America, N.A. on behalf of Bank of America, N.A.. (Attachments: #1 Certificate of Service)(Nasser, Wayne)
June 8, 2009 Opinion or Order Filing 136 CERTIFICATE OF SERVICE by Bank of America, N.A. re #135 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,, (Vieira, Michael)
June 8, 2009 Opinion or Order Filing 135 Defendant Bank of America, N.A.'s ANSWER to #108 Amended Complaint, CROSSCLAIM against all defendants, COUNTERCLAIM against Lawrence Tachibana, Lisa Tachibana by Bank of America, N.A.. (Attachments: #1 Bank of America, N.A.'s Counterclaim Against Plaintiffs and Counterclaim Defendants Lawrence Tachibana and Lisa Tachibana, #2 Bank of America, N.A.'s Cross-Claim Against Defendants Colorado Mountain Development, Inc. dba Lone Oak Land Development Company, L.P., Lone Oak Land Management, LLC, C.M.D. Management, Inc., 3D Resorts, Inc., William Hannah, and Jerry Dunn)(Vieira, Michael)
May 12, 2009 Opinion or Order Filing 134 EO: #124 Defendant 3D Resorts, Inc.'s MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative, Improper Venue and #127 Defendant Jerry Dunn, in his personal Capacity's MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue set for hearing on 6/10/2009 is hereby continued to 7/31/2009 at 10:00 AM before JUDGE SAMUEL P KING. (JUDGE SAMUEL P KING)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 7, 2009 Opinion or Order ADVISORY ENTRY re entry docket number #125 Answer to Amended Complaint, Counterclaim filed by C.M.D. Management, Inc. was filed incorrectly in this case. Specifically, the Counterclaim was not submitted as separate PDF attachment. Section 2.6 of the "Amended General Order Adopting Electronic Case Filing Procedures" states in part that "Each exhibit referenced in a pleading, motion, brief or other electronic filing shall be submitted as a separate ECF attachment to the main document, regardless of the size of the file containing the exhibit...". The filing will stand. The filing party should take caution to submit future filings correctly. (ecs, )
May 6, 2009 Opinion or Order Filing 132 Plaintiff/Counterclaim Defendant Lawrence Tachibana and Lisa Tachibana's ANSWER to #125 Answer to Amended Complaint, Counterclaim by Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
May 5, 2009 Opinion or Order Filing 133 Summons Issued as to Colorado Mountain Development, Inc., Lone Oak Land Management, LLC, et al. (ecs, )[Note: Summons should list all parties in the Defendant caption]
April 24, 2009 Opinion or Order Filing 131 AMENDED RULE 16 SCHEDULING ORDER.. Signed by Judge BARRY M. KURREN on 4/24/09. (ecs, )
April 24, 2009 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #131 Amended Rule 16 Scheduling Order has been served on 4/24/09. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
April 21, 2009 Opinion or Order Filing 130 AMENDED RULE 16 SCHEDULING ORDER. Signed by Judge BARRY M. KURREN on 4/20/09. (ecs, )
April 21, 2009 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #130 AMENDED Rule 16 Scheduling Order has been served - Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
April 20, 2009 Opinion or Order Filing 129 EP: Rescheduling Conference held. The deadline for Crystal K. Rose's motion is extended from May 29, 2009 to June 30, 2009. New dates and deadlines given. Court to prepare order. Discovery due by 2/5/2010. Motions due by 11/4/2009. Final Pretrial Conference set for 2/23/2010 at 9:00AM before Judge BARRY M. KURREN. Jury Selection/Trial set for 9:00AM on 4/6/2010 before JUDGE SAMUEL P KING. Settlement Conference set for 1/13/2010 at 1:30PM before Judge BARRY M. KURREN. (C6 no record 9:30-9:45a.m.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 20, 2009 Opinion or Order Filing 128 NOTICE of Hearing #127 Defendant Jerry Dunn, in his Personal Capacity's MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue set for 6/10/2009 a 10:00 AM before JUDGE SAMUEL P KING. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 17, 2009 Opinion or Order Filing 127 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue Michael C. Carroll appearing for Defendant Jerry Dunn, in his Personal Capacity (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Jerry Dunn, #3 Declaration Michael C. Carroll, #4 Exhibit A, #5 Exhibit B, #6 Certificate of Word Count, #7 Certificate of Service)(Carroll, Michael)
April 10, 2009 Opinion or Order Filing 126 NOTICE of Hearing on Motion #124 Defendant 3D Resorts, Inc.'s MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative, Improper Venue set for 6/10/2009 at 10:00 AM before JUDGE SAMUEL P KING. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 9, 2009 Opinion or Order Filing 125 C.M.D Management, Inc.'s ANSWER to #108 Amended Complaint, COUNTERCLAIM against Lawrence Tachibana, Lisa Tachibana by C.M.D. Management, Inc..(Cox, Joachim)
April 9, 2009 Opinion or Order Filing 124 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Improper Venue; Joachim P. Cox appearing for Defendant 3D Resorts, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Joachim P. Cox, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Certificate of Service)(Cox, Joachim)
April 6, 2009 Opinion or Order Filing 123 Plaintiffs Lawrence Tachibana, Lisa Tachibana, Albert Leong, Roger Braun, Mark Scribner, Yvette C. Scribner, Robert r. Bray, Johanne Bray, Alva e. Blake and Puanani Blake aka Helen Puanani Blakes' Ex Parte Request for (Clerk's) ENTRY OF DEFAULT Against Defendant Bank of of America, N.A. (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit A, #3 ENTRY OF DEFAULT of Defendant BANK OF AMERICA, N.A., #4 Certificate of Service) (ecs, )
March 16, 2009 Opinion or Order Filing 122 EP: Rescheduling Conference held. The dispositive motions deadline is extended to 5/29/2009. A Rescheduling Conference is set for 4/20/2009 at 9:30 a.m. before Judge Barry M. Kurren. (C6 no record 9:42-9:49a.m.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 13, 2009 Opinion or Order Filing 121 AFFIDAVIT OF SERVICE by Lawrence Tachibana, et al. C.M.D. Management, Inc. served on 3/3/2009 thru Jerry Dunn, Registered Agent for CMD Management, Inc. NOTE: Case number affixed in top left corner is in error as CV08 -00364SPKBMK. Please affix correct case number CV 07 -00364 SPK-BMK on future filings. (ecs, ) Modified on 3/17/2009 (ecs, ).
March 9, 2009 Opinion or Order Filing 120 SUMMONS Returned Executed by Lawrence Tachibana. Bank of America, N.A. served on 2/3/2009 thru Roberta Miller, Legal Administrator. (ecs, )
February 24, 2009 Opinion or Order Filing 119 SUMMONS Returned Executed by Lawrence Tachibana. 3D Resorts, Inc. served on 2/9/2009, thru William Palmer, Vice President of 3D Resorts. (ecs, )
February 13, 2009 Opinion or Order Filing 118 ANSWER to #108 Amended Complaint, COUNTERCLAIM against William Hannah by William Hannah. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
February 13, 2009 Opinion or Order CORRECTIVE ENTRY. The entry docket number #117 Answer to Amended Complaint, Counterclaim filed by Lone Oak Land Management, LLC, Colorado Mountain Development, Inc. was filed incorrectly in this case. The Counterclaim should have been attached as a separate pdf in this entry. Section 2.6 of the "Amended General Order Adopting Electronic Case Filing Procedures" states in part that "Each exhibit referenced in a pleading, motion, brief or other electronic filing shall be submitted as a separate ECF attachment to the main document, regardless of the size of the file containing the exhibit...". The filing will stand. The filing party should take caution to submit future filings correctly. No action is required. (ecs, )
February 13, 2009 Opinion or Order CORRECTIVE ENTRY. The entry docket number #118 Answer to Amended Complaint, Counterclaim filed by William Hannah was filed incorrectly in this case. The Counterclaim should have been attached as a separate pdf in this entry. Section 2.6 of the "Amended General Order Adopting Electronic Case Filing Procedures" states in part that "Each exhibit referenced in a pleading, motion, brief or other electronic filing shall be submitted as a separate ECF attachment to the main document, regardless of the size of the file containing the exhibit...". The filing will stand. The filing party should take caution to submit future filings correctly. No action is required. (ecs, )
February 10, 2009 Opinion or Order Filing 117 ANSWER to #108 Amended Complaint, COUNTERCLAIM against Lawrence Tachibana, Lisa Tachibana by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC.(Cox, Joachim)
February 4, 2009 Opinion or Order Filing 116 WAIVER OF SERVICE Returned Executed by Jerry Dunn, in his Personal Capacity. Waiver sent on 1/28/2009 to Jerry Dunn. (ecs, )
January 27, 2009 Opinion or Order Filing 112 SUMMONS Returned Executed by Lawrence Tachibana. William Hannah served on 1/26/2009 thru Lyle S. Hosoda, Esq., answer due 2/17/2009. (ecs, )
January 22, 2009 Opinion or Order Filing 115 SUMMONS Returned Executed by Lawrence Tachibana, Lisa Tachibana on dba Lone Oak Land Development L.P. on 1/21/09 thru Joachim P. cox, Esq. (ecs, )
January 22, 2009 Opinion or Order Filing 114 SUMMONS Returned Executed by Lawrence Tachibana, Lisa Tachibana. Lone Oak Land Management, LLC served on 1/21/2009, thru Joachim P. Cox, Esq. (ecs, )
January 22, 2009 Opinion or Order Filing 113 SUMMONS Returned Executed by Lawrence Tachibana, Lisa Tachibana. Colorado Mountain Development, Inc. served on 1/21/2009 via Joachim P. Cox, Esq. (ecs, )
January 22, 2009 Opinion or Order CLERK'S ADVISORY RE: entry docket numbers #110 , #109 , and #111 Summons - Proof of Service was filed incorrectly using the wrong event. The Clerk's Office will re-file these entries using the proper event. (ecs, )
January 22, 2009 Opinion or Order Filing 111 Return of Service on Subpoena (ecs, ) Refiled - Refer to docket entry #115 Modified on 2/6/2009 (ecs, ).
January 22, 2009 Opinion or Order Filing 110 Return of Service on Subpoena (ecs, ) Refiled - Refer to docket entry #114 Modified on 2/6/2009 (ecs ) .
January 22, 2009 Opinion or Order Filing 109 Return of Service on Subpoena Refiled - Refer to docket entry #113 (ecs, ) Modified on 2/6/2009 (ecs, ).
January 13, 2009 Opinion or Order Filing 108 AMENDED COMPLAINT against all defendants, filed by Lawrence Tachibana. (Attachments: #1 Demand for Jury Trial, #2 Certificate of Service)(Brown, Philip)
January 13, 2009 Opinion or Order Filing 107 EP: Settlement Conference held. No settlement at this time. Plaintiffs to file an amended complaint. All dates and deadlines are vacated. A Rescheduling Conference is set for 3/16/2009 at 9:30AM before Judge BARRY M. KURREN. New dates and deadlines will be given at that time.(FTR-Ctrm Chambers no record 10:00-11:23am.) (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 7, 2009 Opinion or Order Filing 106 EO: #102 Plaintiffs' and Counterclaim Defendants' Motion For Leave To File First Amended Complaint is GRANTED without a hearing. The First Amended Complaint is due January 28, 2009. The hearing on the #102 Motion To File First Amended Complaint that was set for January 13, 2009 at 10:00am is vacated, but the settlement conference set for the same time remains. The settlement conference will be at 10:00am in the chambers of Judge Barry M. Kurren on January 13, 2009. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 6, 2009 Opinion or Order Filing 105 STATEMENT of No Position re #102 First MOTION to Amend/Correct Complaint filed by William Hannah. (Attachments: #1 Certificate of Service)(Gushiken, Raina)
December 31, 2008 Opinion or Order Filing 104 STATEMENT of No Position re #102 First MOTION for Leave to File First Amended Complaint ; Certificate of Service filed by Colorado Mountain Development, Inc.. (Cox, Joachim) Modified on 1/5/2009 (ecs, ).
December 29, 2008 Opinion or Order Filing 103 NOTICE of Hearing on #102 Plaintiffs' and Counterclaim Defendants Lawrence Tachibana and Lisa Tachibana's Motion For Leave To File First Amended Complaint set for 1/13/2009 @ 10:00 AM before Judge BARRY M. KURREN. Opposition Due: 1/7/09.(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
December 24, 2008 Opinion or Order Filing 102 First MOTION to Amend/Correct Complaint Philip R. Brown appearing for Plaintiff Lawrence Tachibana (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Philip R. Brown, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Brown, Philip)
November 28, 2008 Opinion or Order Filing 101 STIPULATION for First Extension of Time for Parties to File Dispositive Motions AND ORDER, ( Dispositive Motions due by 2/26/2009.). Signed by Judge BARRY M. KURREN on 11/26/2008. (gab, )
November 25, 2008 Opinion or Order Filing 100 EO: Terminated: #97 Plaintiffs and Counterclaim Defendants' Motion to Extend Deadline For Filing of Dispositive Motions set for 11/26/08 @ 2:30 p.m. before Judge Barry M. Kurren. Parties stipulated to extend the deadline for filing of dispositive motions. Philip R. Brown to file withdrawal of motion. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 25, 2008 Opinion or Order Filing 99 WITHDRAWAL of Motion by Lawrence Tachibana re #97 First MOTION for Extension of Time to File Dispositive Motions filed by Lawrence Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
November 24, 2008 Opinion or Order Filing 98 NOTICE of Hearing on #97 Plaintiffs and Counterclaim Defendants Lawrence Tachibana and Lisa Tachibana's Motion to Extend Deadline For Filing of Dispositive Motions set for 11/26/2008 @ 02:30 PM before Judge BARRY M. KURREN. Memorandum in Opposition is due by noon on 11/25/2008. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
November 20, 2008 Opinion or Order Filing 97 First MOTION for Extension of Time to File Dispositive Motions Philip R. Brown appearing for Plaintiff Lawrence Tachibana (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit A, #3 Certificate of Service)(Brown, Philip)
November 19, 2008 Opinion or Order Filing 96 EO: Confidential settlement statements for the 1/13/2009 settlement conference are due 1/6/2009. Counsel notified. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 11/19/2008 (kur2, ).
November 19, 2008 Opinion or Order Filing 95 EO: Settlement Conference set for 11/25/2008 at 2:30PM is continued to 1/13/2009 at 10:00AM before Judge BARRY M. KURREN. Counsel notified. (Judge BARRY M. KURREN) (kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 10, 2008 Opinion or Order Filing 94 EO: Settlement Conference is continued from 11/12/2008 to 11/25/2008 at 02:30 PM before Judge BARRY M. KURREN. Confidential Settlement Conference Statements due 11/20/2008. (Judge BARRY M. KURREN)(rwy)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 30, 2008 Opinion or Order Filing 93 FIRST AMENDED STIPULATION FOR FIRST EXTENSION OF TIME FOR PARTIES TO (1) FILE MOTIONS TO JOIN ADDITIONAL PARTIES OR TO AMEND PLEADINGS AND (2) DISCLOSE THE IDENTITY OF AND WRITTEN REPORT OF ANY PERSON WHO MAY BE USED AT TRIAL TO PRESENT EXPERT EVIDENCE #92 . Signed by Judge BARRY M. KURREN. (ecs, )
September 25, 2008 Opinion or Order Filing 92 STIPULATION FOR FIRST EXTENSION OF TIME FOR PARTIES TO (1) FILE MOTIONS TO JOIN ADDITIONAL PARTIES OR TO AMEND PLEADINGS AND (2) DISCLOSE THE IDENTITY OF AND WRITTEN REPORT OF ANY PERSON WHO MAY BE USED AT TRIAL TO PRESENT EXPERT EVIDENCE AND ORDER. Signed by Judge BARRY M. KURREN. (eps )
September 9, 2008 Opinion or Order Filing 91 CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC (Supplemental Responses to Plaintiff Lawrence Tachibana's First Request for Production of Documents to Defendant Lone Oak Land Management, LLC) (Fricke, Robert)
September 9, 2008 Opinion or Order Filing 90 CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC (Supplemental Answers to Plaintiff Lawrence Tachibana's First Request for Answers to Interrogatories to Defendant Lone Oak Land Management, LLC) (Fricke, Robert)
August 29, 2008 Opinion or Order Filing 89 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT #52 . Signed by JUDGE SAMUEL P KING. -- Plaintiffs Motion for Partial Summary Judgment is GRANTED in part and DENIED in part. The Court finds as a matter of law that statutory violations were committed (e.g., the project should have been registered and no exemption applies). Nevertheless, there are still questions of fact regarding materiality and reliance as to each of the alleged misrepresentations or omissions (eps )
August 29, 2008 Opinion or Order COURT'S CERTIFICATE of Service - #89 Order GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT on Motion for Summary Judgment, has been served - Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps )
August 28, 2008 Opinion or Order Filing 88 CERTIFICATE OF SERVICE by Lawrence Tachibana Third Amended Notice of Taking Deposition Upon Oral Examination of Jerry Ross Dunn as President, Director and/or Registered Agent for Defendant Colorado Mountain Development, Inc., dba Lone Oak Land Development L.P. (Brown, Philip)
August 27, 2008 Opinion or Order Filing 86 EP: Further Discovery Conference held. Defendants to respond to production of documents by 9/9/2008, and note if any documents are being withheld due to privilege. (FTR-Ctrm Chambers, 10:45 - 10:48) (Judge BARRY M. KURREN)(rwy)No COS issued for this docket entry
August 26, 2008 Opinion or Order Filing 78 EO: Further Discovery Conference set for 8/27/2008 at 3:00 PM is moved to 01:30 PM the same day before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 25, 2008 Opinion or Order Filing 77 CERTIFICATE OF SERVICE by Lawrence Tachibana Plaintiffs' Second Amended Notice of Taking Deposition Upon Oral Examination of Jerry Ross Dunn as President, Director and/or Registered Agent for Defendant Colorado Mountain Development, Inc., dba Lone Oak Land Development Company, L.P. (Brown, Philip)
August 22, 2008 Opinion or Order Filing 76 EP: FIRST MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF THE PLAINTIFF LAWRENCE TACHIBANA (Doc. 52) is TAKEN UNDER SUBMISSION. (Court Reporter Gloria Bediamol) (JUDGE SAMUEL P KING)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 20, 2008 Opinion or Order Filing 75 (Supplemental) MEMORANDUM in Support re #52 First MOTION for Summary Judgment filed by Lawrence Tachibana. (Attachments: #1 Declaration of Effie A. Steiger, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Brown, Philip)
August 20, 2008 Opinion or Order Filing 74 Joinder re #73 Memorandum in Opposition to Motion filed by Lone Oak Land Management, LLC, Colorado Mountain Development, Inc., #52 First MOTION for Summary Judgment filed by Lawrence Tachibana filed by William Hannah. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
August 20, 2008 Opinion or Order Filing 73 MEMORANDUM in Opposition re #52 First MOTION for Partial Summary Judgment (Supplemental); Certificate of Service filed by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC. (Cox, Joachim) Modified on 8/21/2008 (ecs, ).
August 20, 2008 Opinion or Order Filing 72 Declaration re #64 Concise Statement in Opposition to Motion, #52 First MOTION for Partial Summary Judgment (Submission of Original Declaration of Jerry R. Dunn) . (Attachments: #1 Declaration of Jerry R. Dunn, #2 Certificate of Service)(Cox, Joachim) Text bolded to clarify document title on 8/21/2008 (ecs, ).
August 19, 2008 Opinion or Order Filing 71 EP: Discovery Conference held. Re depositions - except for Dunn, depositions will be taken on the mainland. Re discovery and interrogatory responses - Plaintiffs to specifically identify category of what is needed to be produced, relevant to claims and defenses. Defendants to produce documents by 9/9/2008. Parties reminded to meet and confer. Further Discovery Conference set for 8/27/2008 @ 3 p.m. before Magistrate Judge Barry M. Kurren. (FTR-Ctrm Chambers, 8:55 - 9:35) (Judge BARRY M. KURREN)(rwy)No COS issued for this docket entry
August 13, 2008 Opinion or Order Filing 70 ORDER REQUESTING SUPPLEMENTAL BRIEFING AND RE-SCHEDULING HEARING ON PLAINTIFFS MOTION FOR SUMMARY JUDGMENT re #52 -- The Court therefore requests short supplemental briefing to allow the parties to address the exhaustion issue in greater detail, including how to apply Pele Defense Fund or similar case law. Simultaneous supplemental briefing is due on August 20, 2008. ( Motion Hearing set for 8/22/2008 10:00 AM before JUDGE SAMUEL P KING.). Signed by JUDGE SAMUEL P KING on 8/13/08. (ecs, )
August 13, 2008 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #70 ORDER REQUESTING SUPPLEMENTAL BRIEFING AND RE-SCHEDULING HEARING ON PLAINTIFFS MOTION FOR SUMMARY JUDGMENT has been served on 8/13/08 to all counsel who as Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
August 11, 2008 Opinion or Order Filing 69 Declaration re #68 Reply to Response to Motion, #52 First MOTION for Summary Judgment Submission of Original Declaration of Lawrence Tachibana. (Attachments: #1 Declaration of Lawrence Tachibana, #2 Certificate of Service)(Brown, Philip) Modified on 8/12/2008 (ecs, ).
August 8, 2008 Opinion or Order Filing 68 REPLY to Response to Motion re #52 First MOTION for Summary Judgment filed by Lawrence Tachibana. (Attachments: #1 Declaration of Lawrence Tachibana, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Certificate of Service)(Brown, Philip)
August 8, 2008 Opinion or Order Filing 67 EO:Discovery Conference set for 8/13/2008 continued to 8/19/2008 at 09:00 AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 7, 2008 Opinion or Order Filing 66 EO: Discovery Conference is set for 8/13/2008 at 10:00 AM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 1, 2008 Opinion or Order Filing 65 Joinder re #63 Memorandum in Opposition to Motion filed by Colorado Mountain Development, Inc., #64 Concise Statement in Opposition to Motion, filed by Colorado Mountain Development, Inc. filed by William Hannah. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
August 1, 2008 Opinion or Order Filing 64 CONCISE STATEMENT in Opposition re #52 First MOTION for Summary Judgment filed by Colorado Mountain Development, Inc.. (Attachments: #1 Declaration of William Hannah, #2 Declaration of Jerry R. Dunn, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Certificate of Service)(Cox, Joachim)
August 1, 2008 Opinion or Order Filing 63 MEMORANDUM in Opposition re #52 First MOTION for Summary Judgment ; Certificate of Service filed by Colorado Mountain Development, Inc.. (Cox, Joachim)
July 14, 2008 Opinion or Order Filing 62 EO: #52 First MOTION for Summary Judgment set for hearing on 8/13/2008 is continued to 8/20/2008 @l0:00 a.m. before JUDGE SAMUEL P KING. Judge King has been out of the State of Hawaii and will not be returning until 8/11/2008. (JUDGE SAMUEL P KING)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
July 7, 2008 Opinion or Order Filing 60 AMENDED RULE 16 SCHEDULING ORDER. Signed by Judge BARRY M. KURREN on 7/7/08. (ecs, )
July 7, 2008 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #60 Amended Rule 16 Scheduling Order has been served on 7/7/08 to all Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
July 3, 2008 Opinion or Order Filing 59 EP: Rescheduling Conference held. New dates given. Court to prepare an amended scheduling order. Discovery due by 2/27/2009. Motions due by 11/26/2008. Final Pretrial Conference set for 3/17/2009 09:00 AM before Judge BARRY M. KURREN. Jury Selection/Trial set for 09:00 AM on 4/28/2009 before JUDGE SAMUEL P KING. Settlement Conference set for 11/12/2008 01:30 PM before Judge BARRY M. KURREN. (FTR-Ctrm C6 no record, 11:22 - 11:30) (Judge BARRY M. KURREN)(rwy)
July 1, 2008 Opinion or Order Filing 58 EO: Rescheduling Conference set for 7/3/2008 @ 09:30 AM before Judge BARRY M. KURREN at the request of Philip R. Brown. Mr. Brown to notify the parties. (Judge BARRY M. KURREN)(tyk)
July 1, 2008 Opinion or Order COURT'S CERTIFICATE of Service - a copy of 58 Set Hearings has been served on all counsel on 7/1/2008 who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk)
June 26, 2008 Opinion or Order Filing 57 CERTIFICATE OF SERVICE by Lawrence Tachibana RE (1) PLAINTIFFS FIRST AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION OF JERRY ROSS DUNN AS PRESIDENT, DIRECTOR AND/OR REGISTERED AGENT FOR DEFENDANT COLORADO MOUNTAIN DEVELOPMENT, INC., dba LONE OAK LAND DEVELOPMENT COMPANY L.P., (2) PLAINTIFFS FIRST AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION OF DEFENDANT WILLIAM HANNAH, AND (3) PLAINTIFFS FIRST AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION OF RICHARD JENNINGS AS VICE PRESIDENT AND/OR DIRECTOR FOR DEFENDANT COLORADO MOUNTAIN DEVELOPMENT, INC dba LONE OAK LAND DEVELOPMENT COMPANY L.P. (Brown, Philip)
June 25, 2008 Opinion or Order Filing 56 EO: #52 First MOTION for Summary Judgment set for hearing on 8/8/2008 continued to 8/13/2008 at 10:00 AM before JUDGE SAMUEL P KING. Judge King is not available on 8/8/2008. (SAMUEL KING)(lls, )
June 25, 2008 Opinion or Order COURT'S CERTIFICATE of Service - a copy of 56 Reset Motion Hearing has been served on 6/25/2008 to the Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (lls, )
June 23, 2008 Opinion or Order Filing 55 Declaration re #53 Concise Statement of Facts, #52 First MOTION for Summary Judgment Submission of Original Declaration of Albert Leong. (Attachments: #1 Declaration of Albert Leong, #2 Certificate of Service)(Brown, Philip)
June 13, 2008 Opinion or Order Filing 54 NOTICE of Hearing on Motion #52 First MOTION for Summary Judgment filed on behalf of the Plaintiff Lawrence Tachibana set for 8/8/2008 at 10:00 AM before JUDGE SAMUEL P KING. (lls, )
June 13, 2008 Opinion or Order COURT'S CERTIFICATE of Service - a copy of 54 Notice of Hearing on Motion has been served on 6/13/2008 to the Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (lls, )
June 12, 2008 Opinion or Order Filing 53 CONCISE STATEMENT of Facts re #52 First MOTION for Summary Judgment filed by Lawrence Tachibana. (Attachments: #1 Declaration of Philip R. Brown, #2 Exhibit A, #3 Declaration of Lisa Tachibana, #4 Exhibit B, #5 Exhibit C, #6 Declaration of Lawrence Tachibana, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Declaration of Albert Leong, #13 Certificate of Service)(Brown, Philip)
June 12, 2008 Opinion or Order Filing 52 First MOTION for Summary Judgment Philip R. Brown appearing for Plaintiff Lawrence Tachibana (Attachments: #1 Memorandum, #2 Certificate of Service)(Brown, Philip)
March 12, 2008 Opinion or Order Filing 51 CERTIFICATE OF SERVICE by William Hannah Response to Lawrence Tachibana's First Request for Answers to Interrogatories, Dated January 24, 2008 (Hosoda, Lyle)
March 12, 2008 Opinion or Order Filing 50 CERTIFICATE OF SERVICE by William Hannah Response to Plaintiff Lawrence Tachibana's First Request for Production of Documents, Dated January 24, 2008 (Hosoda, Lyle)
March 12, 2008 Opinion or Order Filing 49 CERTIFICATE OF SERVICE by William Hannah Response to Plaintiff Albert Leong's First Request for Answers to Interrogatories, Dated January 24, 2008 (Hosoda, Lyle)
March 12, 2008 Opinion or Order Filing 48 CERTIFICATE OF SERVICE by William Hannah Response to Lawrence Tachibana's First Request for Answers to Interrogatories, Dated January 24, 2008 (Hosoda, Lyle) Incorrect pdf per filing party. Refiled as #50 . Modified on 3/12/2008 (ecs, ).
March 12, 2008 Opinion or Order ADVISORY ENTRY. Filing party has advised the Clerk's Office that entry docket number #48 Certificate of Service filed by William Hannah was filed with the incorrect pdf. Entry docket number #50 is the corrected entry. (ecs, )
March 3, 2008 Opinion or Order Filing 47 CERTIFICATE OF SERVICE by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC re Responses to Plaintiff's Discovery Requests (Cox, Joachim)
February 5, 2008 Opinion or Order Filing 46 CERTIFICATE OF SERVICE by Lawrence Tachibana Plaintiffs' Notice of Taking Deposition Upon Oral Examination of Richard Jennings as Vice President and/or Director of Defendant Colorado Mountain Development, Inc., dba Loan Oak Development Company, L.P. (Brown, Philip)
February 5, 2008 Opinion or Order Filing 45 CERTIFICATE OF SERVICE by Lawrence Tachibana Plaintiffs' Notice of Taking Deposition Upon Oral Examination of Jerry Ross Dunn as President, Director and/or Registered Agent of Defendant Colorado Mountain Development, Inc., dba Loan Oak Development Company, L.P. (Brown, Philip)
February 5, 2008 Opinion or Order Filing 44 CERTIFICATE OF SERVICE by Lawrence Tachibana Plaintiffs' Notice of Taking Deposition Upon Oral Examination of Defendant William Hannah (Brown, Philip)
January 28, 2008 Opinion or Order Filing 43 CERTIFICATE OF SERVICE by Lawrence Tachibana Re Various Discovery Requests to Defendants (Brown, Philip)
January 7, 2008 Opinion or Order Filing 41 RULE 16 SCHEDULING ORDER. Signed by JUDGE BARRY M. KURREN on 1/7/08. (ecs, )
January 7, 2008 Opinion or Order Filing 40 EP: Rule 16 Scheduling Conference held on 1/7/2008. Court to prepare a scheduling order. Parties agree to mediation. Mediator to be selected by 1/11/2008. If parties cannot agree on a mediator, the court will select the mediator. Parties to notify the court of the mediator and the date of mediation. Discovery due by 11/28/2008. Motions due by 8/27/2008. Settlement Conference set for 11/12/2008 01:30 PM before JUDGE BARRY M. KURREN. Final Pretrial Conference set for 12/16/2008 09:00 AM before JUDGE BARRY M. KURREN. Jury Selection/Trial set for 09:00 AM on 1/27/2009 before JUDGE SAMUEL P KING. (FTR-Ctrm C6 no record, 9:15 - 9:20) (JUDGE BARRY M. KURREN)(rwy)
January 7, 2008 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #41 Rule 16 Scheduling Order has been served on 1/7/08. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
December 27, 2007 Opinion or Order Filing 39 Defendants Colorado Mountain Development, Inc., Lone Oak Land Development Company, L.P., and Lone Oak Land Management, LLC's First AMENDED Scheduling Conference Statement ; Certificate of Service. (Cox, Joachim) Modified on 12/28/2007 (afc).
December 27, 2007 Opinion or Order Filing 38 INITIAL DISCLOSURE by William Hannah. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
December 27, 2007 Opinion or Order Filing 37 Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
December 21, 2007 Opinion or Order Filing 36 Scheduling Conference Statement of PLAINTIFFS LAWRENCE TACHIBANA, LISA TACHIBANA, ALBERT LEONG, ROGER BRAUN, MARK SCRIBNER, YVETTE C. SCRIBNER, ROBERT R. BRAY, JOHANNE BRAY, ALVA E. BLAKE, AND PUANANI BLAKE AKA HELEN PUANANI BLAKE AND COUNTERCLAIM DEFENDANTS LAWRENCE TACHIBANA AND LISA TACHIBANA. (Attachments: #1 Certificate of Service)(Brown, Philip)
December 20, 2007 Opinion or Order Filing 35 INITIAL DISCLOSURE by Lawrence Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
December 19, 2007 Opinion or Order Filing 34 INITIAL DISCLOSURE by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC. (Fricke, Robert)
December 7, 2007 Opinion or Order Filing 33 REPORT of Planning Meeting Plaintiffs' Conference of Parties Report Pursuant to Rule 26.1(f) of the Local Rules for the United States District Court for the District of Hawaii by Lawrence Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
November 21, 2007 Opinion or Order Filing 32 ORDER adopting Report and Recommendations re #22 Findings and Recommendations.; denying #7 Motion to Remand to State Court. Signed by Judge SAMUEL P KING on 11/21/07. - The Court also denies Plaintiffs request for jurisdictional discovery as the Court finds that such collateral proceedings would be futile, given the amount of evidence already in the record. The action was properly removed from state court.The objection to the October 2, 2007, Finding and Recommendation is OVERRULED. The Finding and Recommendation is ADOPTED. Plaintiffs Motion to Remand is DENIED. (ecs, )
November 21, 2007 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #32 ORDER OVERRULING OBJECTION AND ADOPTING FINDING AND RECOMMENDATION has been served - Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
October 26, 2007 Opinion or Order Filing 31 EO: Rule 16 Scheduling Conference is continued from 10/29/2007 to 9:00 AM on 1/7/2008 before JUDGE BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy)
October 26, 2007 Opinion or Order COURT'S CERTIFICATE of Service - a copy of 31 Set Deadlines/Hearings has been served on 10/26/2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (rwy)
October 24, 2007 Opinion or Order Filing 30 Scheduling Conference Statement by William Hannah. (Hosoda, Lyle)
October 24, 2007 Opinion or Order Filing 29 Scheduling Conference Statement ; Certificate of Service by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC. (Cox, Joachim)
October 24, 2007 Opinion or Order Filing 28 Scheduling Conference Statement (First Amended) by Lawrence Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
October 24, 2007 Opinion or Order Filing 27 Errata re #26 Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Brown, Philip)
October 23, 2007 Opinion or Order Filing 26 Scheduling Conference Statement by Lawrence Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
October 22, 2007 Opinion or Order Filing 25 Joinder re #24 Response filed by Lone Oak Land Management, LLC, Colorado Mountain Development, Inc. filed by William Hannah. (Hosoda, Lyle)
October 22, 2007 Opinion or Order Filing 24 RESPONSE re #23 Objection, to Finding and Recommendation That Motion for Remand be Denied filed by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC. (Cox, Joachim)
October 12, 2007 Opinion or Order Filing 23 OBJECTION re #22 FINDINGS AND RECOMMENDATIONS re #7 First MOTION to Remand to State Court filed by Lawrence Tachibana, Lisa TachibanaFINDINGS AND RECOMMENDATIONS re #7 First MOTION to Remand to State Court filed by Lawrence Tachibana, Lisa Tachibana filed by Lawrence Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip)
October 2, 2007 Opinion or Order Filing 22 FINDING AND RECOMMENDATION THAT MOTION FOR REMAND BE DENIED #7 . Objections to F&R due by 10/16/2007 . Signed by Judge BARRY M. KURREN on 10/1/07. - Court FINDS that Hannahs domicile was in Colorado, not Hawaii, on June 1, 2007. Accordingly, diversity jurisdiction exists, and the Court RECOMMENDS that Plaintiffs motion for remand be DENIED. (ecs, ) Modified on 10/2/2007 - Written Order (ecs, ).
October 2, 2007 Opinion or Order COURT'S CERTIFICATE of Service - a copy of #22 Finding and Recommendation That Motion for Remand be Denied has been served to Registered Participants of CM/ECF whom received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
September 28, 2007 Opinion or Order Filing 21 EP: #7 Plaintiffs' Motion to Remand Action From the United States District Court for the District of Hawaii to the Circuit Court of the Fifth Circuit State of Hawaii held on 9/28/2007 - TAKEN ON ADVISEMENT. (FTR-Ctrm C6F, 2:14 - 2:36) (Judge BARRY M. KURREN)(rwy)
September 20, 2007 Opinion or Order Filing 20 EO: Rule 16 Scheduling Conference continued from 10/1/2007 to 09:00 AM on 10/29/2007 before JUDGE BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy)
September 19, 2007 Opinion or Order Filing 19 Declaration re #15 Reply to Response to Motion, SUBMISSION OF ORIGINAL DECLARATION OF JOHN ADKINS IN SUPPORT OF PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION TO REMAND ACTION FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII TO THE CIRCUIT COURT OF THE FIFTH CIRCUIT STATE OF HAWAII FILED ON JULY 31, 2007 (FILED ON SEPTEMBER 17, 2007). (Attachments: #1 Declaration of John Adkins#2 Certificate of Service)(Brown, Philip)
September 19, 2007 Opinion or Order Filing 18 Errata re #15 Reply to Response to Motion, ERATTA SHEET TO PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION TO REMAND ACTION FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII TO THE CIRCUIT COURT OF THE FIFTH CIRCUIT STATE OF HAWAII FILED ON JULY 31, 2007 (FILED ON SEPTEMBER 17, 2007). (Attachments: #1 Certificate of Service)(Brown, Philip)
September 18, 2007 Opinion or Order Filing 17 Declaration re #15 Reply to Response to Motion, Submission of Original Declarations of Lisa Tachibana and Lawrence Tachibana. (Attachments: #1 Declaration of Lisa Tachibana#2 Declaration of Lawrence Tachibana#3 Certificate of Service)(Brown, Philip)
September 18, 2007 Opinion or Order Filing 16 CERTIFICATE OF SERVICE by Lawrence Tachibana re #15 Reply to Response to Motion, Re Reply Memorandum in Support of Plaintiffs' Motion to Remand Action from the United States District Court for the District of Hawaii to the Circuit Court of the Fifth Circuit State of Hawaii (filed on July 31, 2007) (Brown, Philip)
September 17, 2007 Opinion or Order Filing 15 REPLY to Response to Motion re #7 First MOTION to Remand to State Court Plaintiffs Reply Memorandum in Support of Plaintiffs' Motion to Remand to State Court filed by Lawrence Tachibana. (Attachments: #1 Declaration of Lisa Tachibana#2 Exhibit F#3 Declaration of Lawrence Tachibana#4 Exhibit G#5 Declaration of John Adkins#6 Exhibit H#7 Exhibit I)(Brown, Philip) Modified on 9/18/2007 (ecs, ).
September 10, 2007 Opinion or Order Filing 14 Joinder re #13 Memorandum in Opposition to Motion, filed by Lone Oak Land Management, LLC, Colorado Mountain Development, Inc. filed by William Hannah. (Hosoda, Lyle)
September 10, 2007 Opinion or Order Filing 13 MEMORANDUM in Opposition re #7 First MOTION to Remand to State Court filed by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC. (Attachments: #1 Declaration of Brandon Hannah#2 Declaration of Tasha Hannah#3 Declaration of Marisa Hannah#4 Declaration of Lyle Hosoda#5 Exhibit 1#6 Exhibit 2)(Cox, Joachim)
August 24, 2007 Opinion or Order Filing 12 NOTICE of Change of Address by Philip R. Brown on behalf of Lawrence Tachibana. (Attachments: #1 Certificate of Service)(Brown, Philip) Modified on 8/27/2007 - cc: automation (ecs, ).
August 7, 2007 Opinion or Order Filing 11 Declaration re #7 First MOTION to Remand to State Court Submission of Original Declaration of Mike Thornton. (Attachments: #1 Declaration of Mike Thortnon#2 Certificate of Service)(Brown, Philip) Modified on 8/8/2007 (ecs, ).
August 7, 2007 Opinion or Order Filing 10 Declaration re #7 First MOTION to Remand to State Court Submission of Original Declaration of John Adkins. (Attachments: #1 Declaration of John Adkins#2 Certificate of Service)(Brown, Philip) Modified on 8/8/2007 (ecs, ).
August 7, 2007 Opinion or Order Filing 9 Declaration re #7 First MOTION to Remand to State Court Submission of Original Declaration of Lawrence Tachibana. (Attachments: #1 Declaration of Lawrence Tachibana#2 Certificate of Service)(Brown, Philip) Modified on 8/8/2007 (ecs, ).
August 3, 2007 Opinion or Order Filing 8 NOTICE of Hearing on #7 Plaintiffs Motion to Remand Action From the United States District Court for the District of Hawaii to the Circuit Court of the Fifth Circuit State of Hawaii is set for 9/28/2007 at 02:00 PM before JUDGE BARRY M. KURREN. (rwy)
July 31, 2007 Opinion or Order Filing 7 First MOTION to Remand to State Court by Lawrence Tachibana, Lisa Tachibana. (Attachments: #1 Appendix Table of Authorities#2 Memorandum in Support of Motion#3 Declaration of Lawrence Tachibana#4 Declaration John Adkins#5 Exhibit A#6 Exhibit B#7 Exhibit C#8 Exhibit D#9 Declaration of Philip R. Brown#10 Exhibit E#11 Declaration of Mike Thornton#12 Certificate of Service)(Brown, Philip)
July 13, 2007 Opinion or Order Filing 6 Defendant William Hannah's ANSWER to Complaint (Notice of Removal), COUNTERCLAIM against Lawrence Tachibana, Lisa Tachibana by William Hannah. (Attachments: #1 Certificate of Service)(Hosoda, Lyle)
July 13, 2007 Opinion or Order Filing 5 Defendants Colorado Mountain Development, Inc., Lone Oak Land Development Company, L.P. and Lone Oak Management, LLC's ANSWER to Complaint (Notice of Removal) filed on June 1, 2007, COUNTERCLAIM against Lawrence Tachibana, Lisa Tachibana by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC. (Cox, Joachim)
July 6, 2007 Opinion or Order Filing 4 Defendant William Hannah's JOINDER to Defendant's Colorado Mountain Development, Inc. dba Lone Oak Land Development Company, L.P. and Lone Oak Land Management, LLC's #1 NOTICE OF REMOVAL; Certificate of Service - filed by William Hannah. (ecs, )
July 6, 2007 Opinion or Order Filing 3 Filing fee: $ 350.00, receipt number 240096 (ecs, )
July 6, 2007 Opinion or Order Filing 2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 10/1/2007 before JUDGE BARRY M. KURREN.. Signed by Judge HELEN GILLMOR on 7/6/07. (ecs, )
July 6, 2007 Opinion or Order Filing 1 NOTICE OF REMOVAL by Colorado Mountain Development, Inc., Lone Oak Land Management, LLC from Circuit Court of the First Circuit, case number 07-1-0081. ( Filing fee $ 350) (Attachments: #1 Exhibit A#2 Certificate of Service)(ecs, )
July 6, 2007 Opinion or Order ADVISORY ENTRY to Counsels Kanemoto-Magno and Guskiken (Mead). Please file an "Attorney Change of Name Form" if applicable. The form may be found at www.hid.uscourts.gov under Forms/Miscellaneous. #4 (ecs, )

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Search for this case: Tachibana et al vs. Colorado Mountain Development, Inc. et al.
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Plaintiff: Puanani Blake
Represented By: Effie Ann Steiger
Represented By: Philip R. Brown
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Plaintiff: Lawrence Tachibana
Represented By: Effie Ann Steiger
Represented By: Justin Michael Chu
Represented By: Philip R. Brown
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Plaintiff: Lisa Tachibana
Represented By: Effie Ann Steiger
Represented By: Justin Michael Chu
Represented By: Philip R. Brown
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Plaintiff: Albert Leong
Represented By: Effie Ann Steiger
Represented By: Justin Michael Chu
Represented By: Philip R. Brown
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Plaintiff: Roger Braun
Represented By: Effie Ann Steiger
Represented By: Justin Michael Chu
Represented By: Philip R. Brown
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Plaintiff: Mark Scribner
Represented By: Philip R. Brown
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Plaintiff: Yvette C. Scribner
Represented By: Philip R. Brown
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Plaintiff: Robert R. Bray
Represented By: Effie Ann Steiger
Represented By: Justin Michael Chu
Represented By: Philip R. Brown
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Plaintiff: Johanne Bray
Represented By: Effie Ann Steiger
Represented By: Justin Michael Chu
Represented By: Philip R. Brown
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Plaintiff: Alva E. Blake
Represented By: Effie Ann Steiger
Represented By: Philip R. Brown
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Plaintiff: Helen Puanani Blake
Represented By: Effie Ann Steiger
Represented By: Philip R. Brown
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Cross defendant: Lone Oak Land Development Company, L.P.
Represented By: Neil J. Verbrugge
Represented By: Patrick K. Shea
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Cross defendant: Lone Oak Land Development, L.P.
Represented By: Neil J. Verbrugge
Represented By: Patrick K. Shea
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Defendant: Colorado Mountain Development, Inc. doing business as Lone Oak Land Development Company, L.P.
Represented By: David R. Major
Represented By: Joachim P. Cox
Represented By: Michael C. Carroll
Represented By: Robert K. Fricke
Represented By: Neil J. Verbrugge
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Defendant: Lone Oak Land Management, LLC
Represented By: Joachim P. Cox
Represented By: Patrick K. Shea
Represented By: Robert K. Fricke
Represented By: Neil J. Verbrugge
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Defendant: William Hannah
Represented By: Chenise S. Kanemoto-Magno
Represented By: Christopher T. Chun
Represented By: Lyle S. Hosoda
Represented By: Raina P.B. Gushiken
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Defendant: Doe Defendants 1-20
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Defendant: DOE Corporations 1-20
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Defendant: Doe Partnerships 1-20
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Defendant: Doe Governmental Agencies 1-20
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Defendant: Doe Agencies 1-20
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Defendant: Other Entities 1-20
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Defendant: C.M.D. Management, Inc.
Represented By: Joachim P. Cox
Represented By: Neil J. Verbrugge
Represented By: Patrick K. Shea
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Defendant: 3D Resorts, Inc.
Represented By: Joachim P. Cox
Represented By: Neil J. Verbrugge
Represented By: Patrick K. Shea
Represented By: Robert K. Fricke
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Defendant: Bank of America, N.A.
Represented By: Connie Chow
Represented By: Michael Richard Vieira
Represented By: Paul S. Aoki
Represented By: Robert A. Muckenfuss
Represented By: Robert Matthew Pearson
Represented By: Wayne P. Nasser
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Defendant: Jerry Dunn, in his Personal Capacity
Represented By: Crystal K. Rose
Represented By: David R. Major
Represented By: Michael C. Carroll
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Counter claimant: Colorado Mountain Development, Inc.
Represented By: David R. Major
Represented By: Joachim P. Cox
Represented By: Michael C. Carroll
Represented By: Robert K. Fricke
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