Roberts v. Fearless Farris Service Stations, Inc. et al
| Ted Roberts |
| Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Farris S Lind, Kent F Lind, H Kent Johnson, Charley Jones and Shawn Davis |
| 1:2005cv00472 |
| November 18, 2005 |
| US District Court for the District of Idaho |
| Boise Office |
| Wm Fremming Nielsen |
| Contract: Other |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Both |
Docket Report
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| Filing 182 EXHIBIT DISPOSAL/DESTRUCTION CERTIFICATE.(so) |
| Filing 181 NOTICE TO COUNSEL REGARDING RETURN of Exhibits. Deadline set for 10/2/2017.(so) |
| Filing 180 SATISFACTION OF JUDGMENT re #117 Judgment and #166 Amended Judgment. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
Filing 179
ORDER of USCA granting parties joint motion for voluntary dismissal re #169 Notice of Appeal (jlg)
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| Filing 178 ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT re #117 Judgment,,, #166 Judgment,,, entered In favor of Farris S Lind Against Ted Roberts Acknowledgment of Satisfaction of Judgment by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Farley, Donald) Modified text on 5/8/2009 (jlg). |
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Filing 177
ORDER Approving Security and Staying Execution on Appeal re #176 Stipulation. The execution on the Judgment and Amended Judgment is Stayed pending the appeal in this case. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
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| Filing 176 STIPULATION To Stay Execution on Appeal by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Farley, Donald) |
| Filing 175 CERTIFICATE of Record on Appeal re #169 Notice of Appeal, (jlg) |
| Filing 174 Notice of Filing of Official Transcript (jlg) |
| Filing 173 TRANSCRIPT filed for dates of 1/29/2008 before Judge Wm. Fremming Nielsen, re #169 Notice of Appeal, Court Reporter/Transcriber Tucker and Associates, Telephone number (208) 345-3704. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/22/2008. Redacted Transcript Deadline set for 9/2/2008. Release of Transcript Restriction set for 10/30/2008. (jlg) (Additional attachment(s) added on 9/10/2008: #1 Reporter's Certificate) (ks). |
| Filing 172 TRANSCRIPT filed for dates of 1/28/2008 before Judge Wm. Fremming Nielsen, re #169 Notice of Appeal, Court Reporter/Transcriber Tucker and Associates, Telephone number (208) 345-3704. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/22/2008. Redacted Transcript Deadline set for 9/2/2008. Release of Transcript Restriction set for 10/30/2008. (jlg) (Additional attachment(s) added on 9/10/2008: #1 Reporter's Certificate) (ks). |
| Filing 171 TRANSCRIPT REQUEST by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones for proceedings held on 1/28/08 & 1/29/08 before Judge Hon. Wm Fremming Nielsen, (Notice sent by e-mail to Court Reporter) (Eaton, Dylan) |
| Filing 170 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #169 Amended Notice of Appeal. NOTE: The Transcript Designation and Ordering Form is located on the Court web site at www.id.uscourts.gov>Forms>General>Transcript Designation > Ordering Form. (jlg) |
| Filing 169 AMENDED NOTICE OF APPEAL as to #117 Judgment, #156 Order, #154 Order, #116 Findings of Fact & Conclusions of Law, #165 Order, and #166 Amended Judgment by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Notice sent by e-mail to Court Reporter) (jlg) |
| Filing 168 USCA Time Schedule Order as to #160 Notice of Appeal (Notice sent by e-mail to Court Reporter) (jlg) |
| Filing 167 USCA Case Number 08-35408 re #160 Notice of Appeal. (jlg) |
| Filing 166 AMENDED JUDGMENT entered in favor of the Seller Defendants Farris S Lind, H Kent Johnson, Kent F Lind against Ted Roberts on Plaintiff's Complaint, with no costs or attorney fees being awarded as between these parties. Defendants Fearless Farris, Charley Jones, Shawn Davis and Fearless Farris, Inc. Deferred Compensation Plan shall pay Plaintiffs attorney's fees in the amount of $107,279.75 along with costs and shall create and fund an annuity which guarantees Plaintiff's rights under the Plan. The annuity shall provide Plaintiff with $988.40 per month for 15 years upon reaching the age of 65. If Plaintiff predeceases the retirement age of 65, Defendants shall provide the surviving beneficiary $1,976.79 per month from the date of Plaintiff's death for 15 years. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg) |
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Filing 165
ORDER granting #158 Motion for Attorney Fees. Defendants Fearless Farris, Charley Jones, Shawn Davis and Fearless Farris, Inc. Deferred Compensation Plan shall pay Plaintiff's reasonable attorney fees in the total amount of $107,279.75 and shall create and fund an annuity which guarantees Plaintiff's rights under the Plan. The annuity shall provide Plaintiff with $988.40 per month for 15 years upon reaching the age of 65. Judgment is hereby entered in favor of the Seller Defendants Farris S. Lind, Kent F. Lind and H. Kent Johnson and against Plaintiff on Plaintiff's Complaint with no costs or attorney fees being awarded as between these parties and the Complaint as against the Seller Defendants is hereby dismissed with prejudice.. Signed by Judge Wm. Fremming Nielsen. (Attachments: #1 Letter 1, #2 Letter 2) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
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| Filing 164 REPLY to Response to Motion re #158 Second MOTION for Attorney Fees (Supplemental) filed by Ted Roberts.(Huntley, Robert) |
| Filing 163 Amended Transmission of Appeal Notification Form and Docket Sheet to US Court of Appeals re #160 Notice of Appeal. NOTE: The Transcript Designation and Ordering Form is located on the Court web site at www.id.uscourts.gov>Forms>General>Transcript Designation > Ordering Form. (jlg) |
| Filing 162 SUPPLEMENT by Defendants Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones re #160 Notice of Appeal,, AMENDED REPRESENTATION STATEMENT. (Eaton, Dylan) |
| Filing 161 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #160 Notice of Appeal. NOTE: The Transcript Designation and Ordering Form is located on the Court web site at www.id.uscourts.gov>Forms>General>Transcript Designation > Ordering Form. (jlg) |
| Filing 160 NOTICE OF APPEAL as to #117 Judgment,,, #156 Order on Motion for Attorney Fees, Order on Motion to Amend/Correct, Order on Motion to Alter Judgment,,,,,,, #154 Order on Motion to Supplement, #116 Findings of Fact & Conclusions of Law,,, by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Filing fee $ 455, receipt number 09760000000000349728. (Notice sent by e-mail to Court Reporter) (Attachments: #1 Representation Statement, #2 9th Circuit Civil Appeals Docketing Statement)(Farley, Donald) |
| Filing 159 RESPONSE to Motion re #158 Second MOTION for Attorney Fees (Supplemental) filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Replies due by 5/19/2008.(Eaton, Dylan) |
| Filing 158 Second MOTION for Attorney Fees (Supplemental) Robert C Huntley appearing for Plaintiff Ted Roberts. Responses due by 5/12/2008 (Huntley, Robert) |
| Filing 157 Costs Taxed in amount of $ 1,716.60 against Defendant (so) |
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Filing 156
ORDER denying #121 Motion to Amend Judgment; denying #122 Motion to Alter Judgment; denying #124 Motion for Attorney Fees; denying #127 Motion to Alter Judgment; granting #118 Plaintiff's Motion for Attorney Fees. Defendant Fearless Farris shall pay Plaintiff's attorney's fees in the amount of $103,645.25. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 155 SURREPLY to Motion re #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Fearless Farris's SURREPLY to Plaintiff's Motion for Attorney Fees filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Replies due by 4/21/2008.(Eaton, Dylan) Modified on 4/7/2008 to alter text (jlg). |
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Filing 154
ORDER granting Plaintiff's #151 Motion for leave to Supplement, Defendants Fearless Farris' surreply shall be filed by 4/2/08. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm, )
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| Filing 153 REPLY to Response to Motion re #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) with Appendices 1 through 6 filed by Ted Roberts.(Huntley, Robert) |
| Filing 152 REPLY to Response to Motion re #127 MOTION to Alter Judgment (Docket 117) MOTION to Alter Judgment (Docket 117) filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones.(Eaton, Dylan) |
| Filing 151 MOTION to Supplement re: #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Robert C Huntley appearing for Plaintiff Ted Roberts. Responses due by 4/14/2008 (Huntley, Robert) |
| CORRECTIVE ENTRY - The entry docket number #147 Supplement filed by Ted Roberts was filed incorrectly in this case. This document appears to be a motion and should be filed as such. The filing party shall re-submit their correct filing using the event Motion to Supplement located under the category Civil/Motions and Related Filings/Motions/Supplement. A proposed order should be submitted to the Visiting Judge proposed order email box. (jlg) |
| Filing 150 RESPONSE to Motion re #136 MOTION to Amend/Correct #133 Memorandum in Opposition to Motion, #135 Reply (generic), #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Motion for Leave to File Amended Cost Bill MOTION to Amend/Correct #133 Memorandum in Opposition to Motion, #135 Reply (generic), #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Motion for Leave to File Amended Cost Bill filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Replies due by 4/3/2008.(Eaton, Dylan) |
| Filing 149 RESPONSE to Motion re #122 MOTION to Alter Judgment and Findings of Fact and Conclusions of Law (Dockets 116 and 117) filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Replies due by 4/3/2008.(Eaton, Dylan) |
| Filing 148 AMENDED BILL OF COSTS by Ted Roberts. Amendment to #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Cost Bill Separated from Motion for Attorney Fees. (Huntley, Robert) Modified on 3/18/2008 to alter text (jlg). |
| Filing 147 SUPPLEMENT by Plaintiff Ted Roberts re #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Supplemental provision of Contingent Fee Contract. (Huntley, Robert) |
| Filing 146 BILL OF COSTS by Farris S Lind, Kent F Lind, H Kent Johnson. Taxation of Costs due by 4/14/2008 (Brady, Michael) |
| Filing 145 REPLY to Response to Motion re #122 MOTION to Alter Judgment and Findings of Fact and Conclusions of Law (Dockets 116 and 117) filed by Ted Roberts.(Huntley, Robert) |
| Filing 144 RESPONSE to Motion re #121 MOTION to Amend/Correct #117 Judgment,,, filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Replies due by 3/31/2008.(Eaton, Dylan) |
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Filing 143
ORDER granting #136 and #141 Motions for Leave to File Amended Bill of Costs. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 142 REPLY to Response to Motion re #124 MOTION for Attorney Fees and Costs filed by Farris S Lind, Kent F Lind, H Kent Johnson.(Brady, Michael) |
| Filing 141 MOTION for Leave to File Amended Bill of Costs Michael G Brady appearing for Defendants Farris S Lind, Kent F Lind, H Kent Johnson.Motions referred to Mikel H. Williams. Responses due by 4/4/2008 (Attachments: #1 Exhibit A)(Brady, Michael) |
| Filing 140 REPLY to Response to Motion re #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) filed by Ted Roberts.(Huntley, Robert) |
| Filing 139 MEMORANDUM in Opposition re #124 MOTION for Attorney Fees and Costs sought by Seller Defendants filed by Ted Roberts. Replies due by 3/28/2008.(Huntley, Robert) |
| Filing 138 RESPONSE to Motion re #121 MOTION to Amend/Correct #117 Judgment,,, filed by Ted Roberts. Replies due by 3/28/2008.(Huntley, Robert) |
| Filing 137 MEMORANDUM in Support re #136 MOTION to Amend/Correct #133 Memorandum in Opposition to Motion, #135 Reply (generic), #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Motion for Leave to File Amended Cost Bill MOTION to Amend/Correct #133 Memorandum in Opposition to Motion, #135 Reply (generic), #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Motion for Leave to File Amended Cost Bill filed by Ted Roberts.(Huntley, Robert) |
| Filing 136 MOTION to Amend/Correct #133 Memorandum in Opposition to Motion, #135 Reply (generic), #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Motion for Leave to File Amended Cost Bill Robert C Huntley appearing for Plaintiff Ted Roberts.Motions referred to Mikel H. Williams. Responses due by 4/3/2008 (Huntley, Robert) |
| Filing 135 REPLY re #133 Memorandum in Opposition to Motion, filed by Ted Roberts Response by Plaintiff to Fearless Farris Objection to Form of Cost Bill. (Huntley, Robert) |
| Filing 134 MEMORANDUM in Opposition re #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Replies due by 3/24/2008. (Attachments: #1 Affidavit of Candy W. Dale in Support of Opposition to Motion for Award for Attorneys Fees)(Eaton, Dylan) |
| Filing 133 MEMORANDUM in Opposition re #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Replies due by 3/24/2008.(Eaton, Dylan) |
| Filing 132 MEMORANDUM in Opposition re #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) filed by Farris S Lind, Kent F Lind, H Kent Johnson. Replies due by 3/21/2008.(Brady, Michael) |
| Filing 131 NOTICE of Substitution - Attorney Donald J Farley and Donald J Farley for Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The and Charley Jones, Dylan E Eaton and Donald J Farley for Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The and Charley Jones added. Attorney Candy W Dale terminated. (Farley, Donald) |
| Filing 130 JOINDER by Plaintiff Ted Roberts joining #127 MOTION to Alter Judgment (Docket 117) MOTION to Alter Judgment (Docket 117). (Huntley, Robert) |
| NOTICE TO COURT that counsel Candy W. Dale wishes to no longer be noticed electronically on this case as of the date of this notice. (Dale, Candy) |
| Filing 129 MEMORANDUM in Opposition re #127 MOTION to Alter Judgment (Docket 117) MOTION to Alter Judgment (Docket 117) filed by Farris S Lind, Kent F Lind, H Kent Johnson. Replies due by 3/20/2008.(Brady, Michael) |
| Filing 128 MEMORANDUM in Opposition re #122 MOTION to Alter Judgment and Findings of Fact and Conclusions of Law (Dockets 116 and 117) filed by Farris S Lind, Kent F Lind, H Kent Johnson. Replies due by 3/20/2008.(Brady, Michael) |
| Filing 127 MOTION to Alter Judgment (Docket 117) Candy W Dale appearing for Defendants Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Responses due by 3/20/2008 (Dale, Candy) Modified on 2/26/2008 to link to #117 Judgment (jlg, ). |
| Filing 126 MEMORANDUM in Support re #124 MOTION for Attorney Fees and Costs filed by Farris S Lind, Kent F Lind, H Kent Johnson.(Brady, Michael) |
| Filing 125 AFFIDAVIT of Michael G. Brady re #124 MOTION for Attorney Fees and Costs filed by Farris S Lind, Kent F Lind, H Kent Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brady, Michael) |
| Filing 124 MOTION for Attorney Fees and Costs Michael G Brady appearing for Defendants Farris S Lind, Kent F Lind, H Kent Johnson.Motions referred to Mikel H. Williams. Responses due by 3/17/2008 (Brady, Michael) |
| Filing 123 MEMORANDUM in Support re #122 MOTION to Alter Judgment and Findings of Fact and Conclusions of Law (Dockets 116 and 117) filed by Ted Roberts.(Huntley, Robert) |
| Filing 122 MOTION to Alter Judgment and Findings of Fact and Conclusions of Law (Dockets 116 and 117) Robert C Huntley appearing for Plaintiff Ted Roberts. Responses due by 3/17/2008 (Huntley, Robert) |
| Filing 121 MOTION to Amend/Correct #117 Judgment,,, Michael G Brady appearing for Defendants Farris S Lind, Kent F Lind, H Kent Johnson.Motions referred to Mikel H. Williams. Responses due by 3/14/2008 (Brady, Michael) |
| Filing 120 MEMORANDUM in Support re #118 MOTION for Attorney Fees and Costs (with supporting Affidavits) filed by Ted Roberts.(Huntley, Robert) |
| CORRECTIVE ENTRY - The entry docket number #119 MOTION for Attorney Fees BRIEF IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND COSTS (DOCKET 118) filed by Ted Roberts was filed incorrectly in this case. The filing party shall re-submit their correct filing using the event "Memorandum in Support of Motion" located under the category Civil/Motions and Related Filings/Responses and Replies/Memorandum in Support of Motion. This filing should be linked back to docket no. 118. Clerk to terminate dkt no. 119 as a pending motion. (jlg) |
| Filing 119 MOTION for Attorney Fees BRIEF IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND COSTS (DOCKET 118) Robert C Huntley appearing for Plaintiff Ted Roberts.Motions referred to Mikel H. Williams. Responses due by 3/10/2008 (Huntley, Robert) |
| Filing 118 MOTION for Attorney Fees and Costs (with supporting Affidavits) Robert C Huntley appearing for Plaintiff Ted Roberts.Motions referred to Mikel H. Williams. Responses due by 3/10/2008 (Huntley, Robert) |
| Filing 117 JUDGMENT Defendants Fearless Farris, Charley Jones, Shawn Davis and Fearless Farris, Inc. Deferred Compensation Plan shall create and fund an annuity which guarantees plaintiff's rights under the Plan. The annuity shall provide Plaintiff with $988.40 per month for 15 years upon reaching age 65. If Plaintiff predeceases the retirement age of 65, Defendants Fearless Farris, Fearless Farris Inc. Deferred Compensation Plan, Charley Jones and Shawn Davis shall provide the surviving beneficiary $1,976.79 per month. Defendants Fearless Farris, Charley Jones and Shawn Davis shall pay Plaintiff's reasonable attorney's fees and costs pursuant to 29 USC 1132(g). (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, ) |
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Filing 116
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Defendants Fearless Farris, Charley Jones, Shawn Davis, and Fearless Farris Inc. Deferred Compensation Plan shall create and fund an annuity which guarantees plaintiff's rights under the Plan; the annuity shall provide plaintiff with $988.40 per month for 15 years upon reaching age 65. If Plaintiff predeceases the retirement age of 65, Defendants Fearless Farris, Fearless Farris Inc. Deferred Compensation Plan, Charley Jones and Shawn Davis shall provide the surviving beneficiary $1,976.79 per month. Defendants Fearless Farris, Charley Jones and Shawn Davis shall pay Plaintiff's reasonable attorney's fees and costs pursuant to 29 USC 1132(g); Clerk is directed to file this order; provide copies to counsel and enter a judgment consistent with this order. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ks)
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| Filing 114 TRIAL BRIEF : Bench Brief Re: Remedies by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Eaton, Dylan) |
| Filing 113 Exhibit List (Court)(ks) |
| Filing 112 Witness List (Court). (ks) |
| Filing 111 Minute Entry - Bench Trial - Day Two held before Judge Wm. Fremming Nielsen: Bench Trial completed on 1/29/2008. (Court Reporter Sue Wolf.) (ks) |
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Filing 115
JOINT PRE-TRIAL ORDER. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ks)
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| Filing 110 Minute Entry - Bench Trial - Day One held before Judge Wm. Fremming Nielsen: Bench Trial held on 1/28/2008. (Court Reporter Sue Wolf.) (ks) |
| Filing 109 DOCKET ENTRY NOTICE of Hearing: Bench Trial has been tentatively reset to begin at 1:30 PM 1/28/2008 in Boise, ID before Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ks) |
| Filing 108 NOTICE by Ted Roberts re #102 Notice (Other) OF FILING OF CORRECTED JOINT PROPOSED PRE-TRIAL ORDER (Huntley, Robert) |
| Filing 107 Objection by Plaintiff Ted Roberts to. Related document: #106 Objection, filed by Fearless Farris Service Stations, Inc., Charley Jones, Shawn Davis, Fearless Farris Service Station, Inc. Deferred Compensation Plan, The.(Huntley, Robert) Modified on 1/24/2008 to link to #104 and #105 (jlg, ). |
| Filing 106 Objection by Defendants Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones to. Related document: #95 Exhibit List filed by Ted Roberts, #94 Witness List filed by Ted Roberts. (Attachments: #1 Affidavit of Candy Dale ISO Objections, #2 Exhibit A-B to Candy Dale Affidavit, #3 Exhibit C to Candy Dale Affidavit, #4 Exhibit D-F of Candy Dale Affidavit)(Eaton, Dylan) |
| Filing 105 Objection by Defendants Farris S Lind, Kent F Lind, H Kent Johnson to. Related document: #95 Exhibit List filed by Ted Roberts.(Brady, Michael) |
| Filing 104 Objection by Defendants Farris S Lind, Kent F Lind, H Kent Johnson to. Related document: #94 Witness List filed by Ted Roberts.(Brady, Michael) |
| Filing 103 Objection by Plaintiff Ted Roberts to. Related document: #89 Scheduling Order,.(Huntley, Robert) |
| Filing 102 NOTICE by Ted Roberts of filing of PRETRIAL ORDER herewith (Huntley, Robert) |
| Filing 101 Proposed Findings of Fact by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Dale, Candy) |
| Filing 100 Witness List by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Dale, Candy) |
| Filing 99 Exhibit List by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones.. (Dale, Candy) |
| Filing 98 TRIAL BRIEF by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Dale, Candy) |
| Filing 97 Proposed Findings of Fact by Farris S Lind, Kent F Lind, H Kent Johnson. (Brady, Michael) |
| Filing 96 Exhibit List and Witness List by Farris S Lind, Kent F Lind, H Kent Johnson.. (Brady, Michael) |
| Filing 95 Exhibit List by Ted Roberts.. (Huntley, Robert) |
| Filing 94 Witness List by Ted Roberts. (Huntley, Robert) |
| Filing 93 Proposed Findings of Fact by Ted Roberts. (Huntley, Robert) |
| Filing 92 TRIAL BRIEF by Ted Roberts. (Huntley, Robert) |
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Filing 91
ORDER reseting Bench Trial for 1/28/2008 at 09:30 AM in Boise, ID before Judge Wm. Fremming Nielsen. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 90 NOTICE of Appearance by Robert C Huntley on behalf of Ted Roberts (Huntley, Robert) |
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Filing 89
SCHEDULING ORDER: Bench Trial set for 1/29/2008 08:00 AM in Boise, ID before Judge Wm. Fremming Nielsen. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 88 Minute Entry for proceedings held before Judge Wm. Fremming Nielsen : Telephonic Scheduling Conference held on 10/22/2007. Order forthcoming. (jlg, ) |
| Filing 87 NOTICE of Substitution - Attorney Brent T. Wilson terminated. (Dale, Candy) |
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Filing 86
ORDER Telephonic Scheduling Conference set for 10/22/2007 9:30 AM Mountain Daylight Time (8:30 AM Pacific Daylight Time) before Judge Wm. Fremming Nielsen. Signed by Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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Filing 85
ORDER Case reassigned to Judge Wm. Fremming Nielsen for all further proceedings. Judge Edward J. Lodge no longer assigned to case. New case number is CV 05-472-S-WFN. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 84 ERRATA by Plaintiff Ted Roberts re #83 Bill of Particulars Corrected Bill of Particulars pursuant to Court Order. (Huntley, Robert) Modified on 9/28/2007 to alter text (jlg, ). |
| Filing 83 BILL OF PARTICULARS filed by Ted Roberts Bill of Particulars pursuant to Court Order. (Huntley, Robert) Modified on 9/28/2007 to alter text (jlg, ). |
| CORRECTIVE ENTRY - The docket entries numbered #82 Amended MOTION for More Definite Statement (Correction to Plaintiff's Statement (Bill) of Particulars) filed by Ted Roberts and #81 MOTION for More Definite Statement Bill of Particulars pursuant to Court Order filed by Ted Roberts were filed incorrectly in this case. These documents do not appear to be motions. The filing party shall re-submit their Bill of Particulars by filing it as "Memorandum/Brief (generic)" located under "Other Documents". The correction to the Bill of Particulars should be re-submitted as an "Errata" located under "Other Documents" and linked back to the Bill of Particulars. Clerk to term the pending motions. (jlg, ) |
| Filing 82 Amended MOTION for More Definite Statement by Ted Roberts. Responses due by 10/22/2007 (Huntley, Robert) |
| Filing 81 MOTION for More Definite Statement Bill of Particulars pursuant to Court Order by Ted Roberts. Responses due by 10/22/2007 (Huntley, Robert) |
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Filing 80
ORDER ON REPORT AND RECOMMENDATION finding as moot #36 Motion to Strike Demand for Jury Trial; denying #32 Motion for Summary Judgment; granting in part and denying in part #62 Motion to Strike Portions of Affidavits; denying #37 Motion for Summary Judgment. Bench Trial set for 10/30/2007 at 9:30 am in Boise, ID before the Honorable Edward J. Lodge. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Set Hearings: This is a court utility event only. Bench Trial set for 10/30/2007 09:30 AM in Boise, ID before Judge Edward J. Lodge. (jlg, ) |
| Filing 79 RESPONSE TO OBJECTION TO R&R filed by Ted Roberts. (Huntley, Robert) |
| Filing 78 AFFIDAVIT of Glenda M. Talbutt re #76 Objection to Report and Recommendations filed by Farris S Lind, Kent F Lind, H Kent Johnson. (Talbutt, Glenda) |
| Filing 77 OBJECTION to #74 Report and Recommendations. (Dale, Candy) |
| Filing 76 OBJECTION to #74 Report and Recommendations. (Talbutt, Glenda) |
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Filing 75
ORDER granting #73 Motion to Vacate. The Trial date of September 11th is VACATED and the Court will later establish a substitute trial date. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )
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| Filing 74 REPORT AND RECOMMENDATIONS finding as MOOT re #36 MOTION to Strike DEMAND FOR JURY TRIAL, DENIED #32 MOTION for Summary Judgment, GRANTED IN PART AND DENIED IN PART #62 MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion, DENIED #37 MOTION for Summary Judgment Objections to R&R due by 8/23/2007. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, ) |
| Filing 73 MOTION to Vacate #16 Scheduling Order Reschedule September 11th Trial by Ted Roberts. Responses due by 8/30/2007 (Huntley, Robert) Modified on 8/7/2007 to alter text (jlg, ). |
| Filing 72 Minute Entry for proceedings held before Judge Mikel H. Williams : Motion Hearing held on 6/4/2007 re #36 MOTION to Strike DEMAND FOR JURY TRIAL filed by Fearless Farris Service Stations, Inc., Charley Jones, Shawn Davis, Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, #32 MOTION for Summary Judgment filed by Kent F Lind, Farris S Lind, H Kent Johnson, #62 MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion filed by Fearless Farris Service Stations, Inc., Charley Jones, Shawn Davis, Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, #37 MOTION for Summary Judgment filed by Fearless Farris Service Stations, Inc., Charley Jones, Shawn Davis, Fearless Farris Service Station, Inc. Deferred Compensation Plan, The. Oral argument heard and the motions are taken under advisement. A report and recommendation to Judge Lodge is forthcoming. Parties will have 10 days to file their objections. (Court Reporter K. Stutzman.) (al, ) |
| Filing 71 DOCKET ENTRY NOTICE OF TIME CHANGE. Please take notice the pending motions hearing on: #32 MOTION for Summary Judgment, #36 MOTION to Strike DEMAND FOR JURY TRIAL, #37 MOTION for Summary Judgment, #62 MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion : Motion Hearing previously set for 6/4/2007 has been moved to 03:30 PM in Boise, ID before Honorable Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by al, ) |
| Filing 70 DOCKET ENTRY NOTICE of Hearing on Motion #36 MOTION to Strike DEMAND FOR JURY TRIAL : Please take notice the preceding motion will also be heard with the cross motions for summary judgment on 6/4/2007 02:00 PM in Boise, ID before Honorable Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by al, ) |
| Filing 69 RESPONSE to Motion re #36 MOTION to Strike DEMAND FOR JURY TRIAL, #37 MOTION for Summary Judgment Plaintiff's Submission of Recent Authorities Re Pending Motions Docs 36 and 37 filed by Ted Roberts. Replies due by 5/24/2007. (Huntley, Robert) |
| Filing 68 JOINDER by Defendants Farris S Lind, Kent F Lind, H Kent Johnson joining #67 Reply to Response to Motion, to Strike. (Brady, Michael) |
| Filing 67 REPLY to Response to Motion re #62 MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Wilson, Brent) |
| Filing 66 DOCKET ENTRY NOTICE of Hearing on Motion #32 MOTION for Summary Judgment, #37 MOTION for Summary Judgment, #62 MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion : Motion Hearing set for 6/4/2007 02:00 PM in Boise, ID before Honorable Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by al, ) |
| Filing 65 MEMORANDUM in Opposition re #62 MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion filed by Ted Roberts. Replies due by 4/25/2007. (Huntley, Robert) |
| Filing 64 JOINDER by Defendants Farris S Lind, Kent F Lind, H Kent Johnson. (Brady, Michael) Modified on 4/2/2007 to link to docket no. #61 , #62 and #63 (jlg, ). |
| Filing 63 REPLY to Response to Motion re #36 MOTION to Strike DEMAND FOR JURY TRIAL filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Wilson, Brent) |
| Filing 62 MOTION to Strike #58 Appendix, #55 Affidavit in Opposition to Motion, #56 Affidavit in Opposition to Motion by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Responses due by 4/23/2007 (Attachments: #1 Memorandum in Support of Motion to Strike Portions of Affidavits in Support of Plaintiff's Brief in Opposition to Motions for Summary Judgment)(Wilson, Brent) |
| Filing 61 REPLY to Response to Motion re #32 MOTION for Summary Judgment, #37 MOTION for Summary Judgment filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Attachments: #1 Affidavit of Charley Jones in Support of Motion for Summary Judgment)(Wilson, Brent) |
| Filing 60 REPLY to Response to Motion re #32 MOTION for Summary Judgment filed by Farris S Lind, Kent F Lind, H Kent Johnson. (Brady, Michael) |
| Filing 59 MEMORANDUM in Opposition re #36 MOTION to Strike DEMAND FOR JURY TRIAL and in Opposition to Joinder in that Motion by Defendant Sellers #41 filed by Ted Roberts. Replies due by 3/29/2007. (Huntley, Robert) |
| Filing 58 Appendix filed byRobert C Huntley on behalf of Ted Roberts Related document: #32 MOTION for Summary Judgment filed by Kent F Lind, Farris S Lind, H Kent Johnson, #55 Affidavit in Opposition to Motion filed by Ted Roberts, #54 Memorandum in Opposition to Motion filed by Ted Roberts, #37 MOTION for Summary Judgment filed by Fearless Farris Service Stations, Inc., Charley Jones, Shawn Davis, Fearless Farris Service Station, Inc. Deferred Compensation Plan, The. (Huntley, Robert) |
| Filing 57 Statement Objections to Statement of Material Facts re #32 MOTION for Summary Judgment, #37 MOTION for Summary Judgment filed by Ted Roberts. (Huntley, Robert) |
| Filing 56 AFFIDAVIT in Opposition by Robert C. Huntley re #32 MOTION for Summary Judgment, #37 MOTION for Summary Judgment filed by Ted Roberts. Replies due by 3/29/2007. (Huntley, Robert) |
| Filing 55 AFFIDAVIT in Opposition by Ted Roberts re #32 MOTION for Summary Judgment, #37 MOTION for Summary Judgment filed by Ted Roberts. Replies due by 3/29/2007. (Huntley, Robert) |
| Filing 54 MEMORANDUM in Opposition re #32 MOTION for Summary Judgment, #37 MOTION for Summary Judgment filed by Ted Roberts. Replies due by 3/29/2007. (Huntley, Robert) |
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Filing 53
ORDER granting #52 Motion for Extension of Time to File Response re #37 MOTION for Summary Judgment, #32 MOTION for Summary Judgment, #36 MOTION to Strike DEMAND FOR JURY TRIAL. Responses due by 3/15/2007. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 52 MOTION for Extension of Time to File Response/Reply as to #41 Joinder, #36 MOTION to Strike DEMAND FOR JURY TRIAL, #32 MOTION for Summary Judgment, #37 MOTION for Summary Judgment by Ted Roberts. Responses due by 4/2/2007 (Huntley, Robert) |
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Filing 51
ORDER granting #47 Second MOTION for Extension of Date to Conduct ADR and to Vacate and Reset Settlement Conference. Parties to contact Judge Boyle's courtroom deputy to reschedule the settlement conference. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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Filing 49
ORDER granting #48 Motion for Extension of Time to File Response re #37 MOTION for Summary Judgment, #36 MOTION to Strike DEMAND FOR JURY TRIAL, #32 MOTION for Summary Judgment. Responses due by 3/12/2007. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 48 MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Strike DEMAND FOR JURY TRIAL, #32 MOTION for Summary Judgment, #37 MOTION for Summary Judgment (Unopposed) by Ted Roberts. Responses due by 3/19/2007 (Huntley, Robert) |
| Filing 47 Second MOTION to Continue Extension of Date to Conduct ADR and to Vacate and Reset Settlement Conference by Farris S Lind, Kent F Lind, H Kent Johnson. Responses due by 3/19/2007 (Talbutt, Glenda) |
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Filing 46
MEMORANDUM DECISION AND ORDER denying #26 MOTION to Compel Discovery filed by Ted Roberts. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 50 Minute Entry for proceedings held before Judge Mikel H. Williams : Motion Hearing held on 2/22/2007 re #43 MOTION to Expedite Oral Argument on Motion to Compel Discovery or Alternative Motion for Extension of Answering Brief Deadline re Motion Docket 26 filed by Ted Roberts, #26 MOTION to Compel Discovery and Request for Telephonic Hearing filed by Ted Roberts. (Court Reporter V. Jones.) (al, ) |
| Filing 45 NOTICE of Hearing on Motion #26 MOTION to Compel Discovery and Request for Telephonic Hearing : Telephonic Motion Hearing set for 2/22/2007 03:30 PM in Boise, ID before Honorable Mikel H. Williams. Counsel for Plaintiff to initiate the call and when all parties are on the line connect the courtroom at (208) 334-1504. A conference call service should be used for this call. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by al, ) |
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Filing 44
ORDER re #43 MOTION to Expedite Oral Argument on Motion to Compel Discovery or Alternative Motion for Extension of Answering Brief Deadline. Argument will be conducted on #26 MOTION to Compel on a future date. Answering brief re #36 MOTION to Strike and #37 MOTION for Summary Judgment will be due 5 days after the ruling is entered on the Motion to Compel or alternatively 5 days after Plaintiff receives the responsive discovery. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 43 MOTION to Expedite Oral Argument on Motion to Compel Discovery or Alternative Motion for Extension of Answering Brief Deadline re Motion Docket 26 by Ted Roberts. Responses due by 3/1/2007 (Huntley, Robert) Modified on 2/6/2007 to create links to motions 26,32,37,36 and 41 (jlg, ). |
| Filing 42 REPLY to Response to Motion re #26 MOTION to Compel Discovery and Request for Telephonic Hearing filed by Ted Roberts. (Huntley, Robert) |
| Filing 41 JOINDER by Defendants Farris S Lind, Kent F Lind, H Kent Johnson IN MOTION TO STRIKE DEMAND FOR JURY TRIAL. (Talbutt, Glenda) Modified on 1/30/2007 to link to #36 motion to strike (jlg, ). |
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Filing 40
ORDER granting #39 Motion for Extension of Time to File Reply re #26 MOTION to Compel Discovery. Replies due by 2/5/2007. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 39 MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Compel Discovery and Request for Telephonic Hearing Unopposed by Ted Roberts. Responses due by 2/20/2007 (Huntley, Robert) |
| Filing 38 DOCKET TEXT NOTICE AMENDED NOTICE of Hearing: The Conference set for 2/7/07 has been Vacated and Re-set. The Settlement Conference is now set for 3/7/2007 at 10:00 AM (Mtn. Time) at Boise, ID before Honorable Larry M. Boyle in his Chambers, 5th Floor. Clerk contacted counsel to move this conference. NOTE: COUNSEL YOUR SETTLEMENT CONFERENCE BROCHURES ARE NOW DUE FRI., MARCH 2, 2007, by the close of business. Refer to Order/Doc.#25. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by lc, ) |
| Set/Reset Hearings: This is a court utility event only. (lc, ) |
| Filing 37 MOTION for Summary Judgment by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Responses due by 2/16/2007 (Attachments: #1 Memorandum in Support of MSJ#2 Memorandum in Support Statement of Undisputed Facts#3 Affidavit of Candy W. Dale in Support of MSJ#4 Exhibit C-F to Affidavit of Candy Dale)(Wilson, Brent) |
| Filing 36 MOTION to Strike DEMAND FOR JURY TRIAL by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Responses due by 2/16/2007 (Attachments: #1 Memorandum in Support)(Dale, Candy) |
| Filing 35 AFFIDAVIT of Glenda M. Talbutt filed by Farris S Lind, Kent F Lind, H Kent Johnson re #32 Motion for Summary Judgment. (Attachments: #1 Exhibit A - Aff/MSJ#2 Exhibit B -Aff/MSJ#3 Exhibit C - Aff/MSJ#4 Errata D - Aff/MSJ#5 Exhibit E - Aff/MSJ#6 Exhibit F (1)#7 Exhibit F (2)#8 Exhibit F (3)#9 Exhibit F (4)#10 Exhibit F (5)#11 Exhibit F (6)#12 Exhibit F (7)#13 Exhibit F (8)#14 Exhibit F (9)#15 Exhibit F (10)#16 Exhibit G)(Talbutt, Glenda) Modified on 1/24/2007 to link to motion (jlg, ). |
| Filing 34 MEMORANDUM/BRIEF re #32 MOTION for Summary Judgment, #33 Memorandum/Brief (generic) filed by Farris S Lind, Kent F Lind, H Kent Johnson MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT. (Talbutt, Glenda) |
| Filing 33 STATEMENT OF MATERIAL FACTS re #32 MOTION for Summary Judgment filed by Farris S Lind, Kent F Lind, H Kent Johnson Statement of Material Facts in Support of Defendants Motion for Summary Judgment. (Talbutt, Glenda) Modified on 1/24/2007 to alter text (jlg, ). |
| Filing 32 MOTION for Summary Judgment by Farris S Lind, Kent F Lind, H Kent Johnson. Responses due by 2/16/2007 (Talbutt, Glenda) |
| Filing 31 MEMORANDUM in Opposition re #26 MOTION to Compel Discovery and Request for Telephonic Hearing filed by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. Replies due by 1/29/2007. (Attachments: #1 Affidavit)(Dale, Candy) |
| Filing 30 AFFIDAVIT in Opposition by Charles M. Murphy re #26 MOTION to Compel Discovery and Request for Telephonic Hearing filed by Farris S Lind, Kent F Lind, H Kent Johnson. Replies due by 1/26/2007. (Talbutt, Glenda) |
| Filing 29 MEMORANDUM in Opposition re #26 MOTION to Compel Discovery and Request for Telephonic Hearing filed by Farris S Lind, Kent F Lind, H Kent Johnson. Replies due by 1/26/2007. (Talbutt, Glenda) |
| Filing 28 MEMORANDUM in Support re #26 MOTION to Compel Discovery and Request for Telephonic Hearing filed by Ted Roberts. (Huntley, Robert) This is a duplicate filing to docket no. #26 (jlg, ). |
| Filing 27 AFFIDAVIT of Robert C. Huntley re #26 MOTION to Compel Discovery and Request for Telephonic Hearing filed by Ted Roberts. (Huntley, Robert) This is a duplicate filing to document no. #26 (jlg, ). |
| Filing 26 MOTION to Compel Discovery and Request for Telephonic Hearing by Ted Roberts. Responses due by 1/12/2007 (Huntley, Robert) |
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Filing 25
ORDER re: Settelment Conference; Settlement Conference set for 2/7/2007 10:00 AM in Boise, ID before Honorable Larry M. Boyle. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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Filing 24
ORDER granting #23 Motion and Stipulation for Extension of Date to Conduct ADR. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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| Filing 23 Joint MOTION to Continue Stipulation to Conduct ADR in January 2007 by Ted Roberts. Responses due by 12/26/2006 (Huntley, Robert) |
| Filing 22 RESPONSE to Discovery Request by Farris S Lind, Kent F Lind, H Kent Johnson.(Brady, Michael) |
| Filing 21 NOTICE of Appearance by Robert C Huntley on behalf of Ted Roberts (Huntley, Robert) |
| CORRECTIVE ENTRY - The entry docket number #20 Notice (Other) filed by Ted Roberts, was filed incorrectly in this case. The filing party shall re-submit their correct filing using the event "Notice of Appearance" located under "notices." This allows the filer to add the attorney that is appearing in the case. Attorney to re-file. (jlg, ) |
| Filing 20 NOTICE by Ted Roberts of Association of Counsel (Huntley, Robert) |
| Filing 19 CONSENT filed. (jlg, ) |
| Filing 18 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Farris S Lind, Kent F Lind, H Kent Johnson re #17 Answer to Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, ) |
| Filing 17 ANSWER to Complaint with Jury Demand by Farris S Lind, Kent F Lind, H Kent Johnson.(Talbutt, Glenda) |
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Filing 16
SCHEDULING ORDER All pretrial matters are referred to U.S. Magistrate Judge Mikel H. Williams. Parties shall participate in settlement conference by 12/1/2006 before U.S. Magistrate Judge Larry M. Boyle. Discovery due by 1/5/2007. Pre-Trial Motions due by 2/9/2007. Court Trial set for 9/11/2007 09:30 AM in Boise, ID before Honorable Edward J. Lodge. Telephonic scheduling conference set for 4/18/2006 is Vacated. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
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Filing 15
ORDER granting #14 Motion for Enlargement of Time to Answer re #1 Complaint. Farris S Lind, Kent F Lind and H Kent Johnson have 30 days from the date of entry of this Order to file an answer . Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, ) Order e-mailed to Michael Brady on 4/13/2006 (his noticing was not turned on) (jlg, ).
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| Filing 14 MOTION for Extension of Time to File Answer by Farris S Lind, Kent F Lind, H Kent Johnson. Responses due by 5/5/2006 (Brady, Michael) |
| Filing 13 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones. (Dale, Candy) |
| Filing 12 SUMMONS Returned Executed by Ted Roberts. Kent F Lind served on 2/18/2006, answer due 3/10/2006. (Huntley, Robert) |
| Filing 11 SUMMONS Returned Executed by Ted Roberts. Farris S Lind served on 2/18/2006, answer due 3/10/2006. (Huntley, Robert) |
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Filing 10
ORDER granting #9 Motion to Continue scheduling conference; Telephone Scheduling conference reset for 4/18/06 at 9:30 a.m.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )
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| Filing 9 First MOTION to Continue the February 22nd, 2006 Scheduling Conference by Ted Roberts. Responses due by 3/6/2006 (Huntley, Robert) |
| Filing 8 CONSENT filed. (jlg, ) |
| Filing 7 SUMMONS Returned Executed by Ted Roberts. Shawn Davis served on 1/27/2006, answer due 2/16/2006; Fearless Farris Service Stations, Inc. served on 1/27/2006, answer due 2/16/2006; Fearless Farris Service Station, Inc. Deferred Compensation Plan, The served on 1/27/2006, answer due 2/16/2006; H Kent Johnson served on 2/7/2006, answer due 2/27/2006; Charley Jones served on 1/27/2006, answer due 2/16/2006. (Huntley, Robert) |
| Filing 6 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones re #5 Answer to Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, ) |
| Filing 5 ANSWER to Complaint AND DEMAND FOR JURY TRIAL by Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones.(Wilson, Brent) |
| Filing 4 CONSENT filed. (jlg, ) |
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Filing 3
LITIGATION ORDER Telephonic Scheduling Conference set for 2/22/2006 09:30 AM before Honorable Edward J. Lodge.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by wm, )
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| Filing 2 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Ted Roberts re #1 Complaint, (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, ) |
| Filing 1 COMPLAINT AND DEMAND FOR TRIAL BY JURY against Shawn Davis, Fearless Farris Service Stations, Inc., Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Farris S Lind, Kent F Lind, H Kent Johnson, Charley Jones (Filing fee $ 250.) Summons Issued, filed by Ted Roberts. (Attachments: #1 Cover Sheet)(jlg, ) |
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