White v. Valley County
Karen White and Elkhorn, LLC |
Valley County |
Jed Manwaring |
1:2009cv00494 |
October 1, 2009 |
US District Court for the District of Idaho |
Boise - Southern Office |
Valley - Southern |
Edward J. Lodge |
Candy W Dale |
Real Property: Other |
28 U.S.C. § 1332 Diversity-Account Receivable |
Plaintiff |
Docket Report
This docket was last retrieved on April 14, 2014. A more recent docket listing may be available from PACER.
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Filing 161 STIPULATION of Dismissal with Prejudice by Valley County. (Meyer, Christopher) |
Filing 160 NOTICE Remittitur by Supreme Court of the State of Idaho, Docket No. 40262 entered 4/09/2014. (cjm) |
Filing 159 NOTICE of 2014 Opinion No. 26 in the Supreme Court of the State of Idaho Filed: 3/18/2014, Stephen W. Kenyon, Clerk. (cjm) |
Filing 158 Corrected NOTICE of Hearing Dates for the Idaho Supreme Court by the Idaho Supreme Court. (cjm) |
Filing 157 NOTICE of Order Granting Unopposed Motion to Augment the Record by the Supreme Court of the State of Idaho, Supreme Court Docket No. 40262-2012, Ref No. 13-369. (cjm) |
Filing 156 NOTICE of entered Order Granting Motion to Suspend Briefing Deadlines In the Supreme Court of the State of Idaho Docket No. 40262-2012. (cjm) |
Filing 155 STIPULATION FOR SUBSTITUTION OF COUNSEL by Karen White. (Villegas, Victor) |
CERTIFICATE OF SERVICE by Clerk of Court of emailing requested documents to the Supreme Court pf the State of Idaho per dkt #154. Dockets 1, 47-50, 62-75, 82, 85, 86, 106, 128, 135-137, 139, 142, 143, 147, and 152 were emailed to K Lehrman. (cjm) |
Filing 154 NOTICE by Supreme Court of the State of Idaho of Order Re: Certification of Question of Law to the Idaho Supreme Court for their Docket No. 40262-2012 entered on 9/10/2012. The ORDER filed with this Court by the United StatesDistrict Court for the Dishict of Idaho on 8/24/2012, shall constitute the initial record on appeal. The United States District Court for the District of Idaho shall provide copies of the complaint(s), motion(s) for summary judgment, and related affidavits and briefing to this Court within 21 days of the date of this Order. (cjm)(District of Idaho did not receive from the Supreme Court until 12/3/2012.) |
Filing 153 NOTICE by Jed Manwaring of Attorney Lien (Manwaring, Jed) |
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Filing 149 DOCKET ENTRY NOTICE of Hearing on Motions: #135 MOTION for Partial Summary Judgment, #136 MOTION to Dismiss for Lack of Jurisdiction, #137 Second MOTION for Summary Judgment, #138 MOTION to Certify Questions of Law to the Idaho Supreme Court - Motion Hearing set for 7/13/2012 09:30 AM in Boise - Courtroom 6 before Judge Candy W Dale. (ah) |
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Filing 147 REPLY to Response to Motion re #137 Second MOTION for Summary Judgment [Reply Brief In Support of Valley County's Second Motion for Summary Judgment] filed by Valley County.(Meyer, Christopher) |
Filing 146 REPLY to Response to Motion re #138 MOTION to Certify Questions of Law to the Idaho Supreme Court Reply Brief in Support of Valley County's Motion to Certify Questions of Law to the Idaho Supreme Court filed by Valley County.(Meyer, Christopher) |
Filing 145 REPLY to Response to Motion re #136 MOTION to Dismiss for Lack of Jurisdiction Reply Brief In Support of Valley County's Motion to Dismiss State Law Claims filed by Valley County.(Meyer, Christopher) |
Filing 144 THIRD NOTICE of Supplemental Authority by Valley County (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Meyer, Christopher) |
Filing 143 REPLY to Response to Motion re #135 MOTION for Partial Summary Judgment filed by Karen White.(Villegas, Victor) |
Filing 142 MEMORANDUM in Opposition re #135 MOTION for Partial Summary Judgment filed by Valley County. Replies due by 3/12/2012.(Meyer, Christopher) |
Filing 141 MEMORANDUM in Opposition re #136 MOTION to Dismiss for Lack of Jurisdiction filed by Karen White. Replies due by 3/12/2012.(Villegas, Victor) |
Filing 140 MEMORANDUM in Opposition re #138 MOTION to Certify Questions of Law to the Idaho Supreme Court filed by Karen White. Replies due by 3/12/2012.(Villegas, Victor) |
Filing 139 MEMORANDUM in Opposition re #137 Second MOTION for Summary Judgment filed by Karen White. Replies due by 3/12/2012.(Villegas, Victor) |
Filing 138 MOTION to Certify Questions of Law to the Idaho Supreme Court Martin C Hendrickson appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 2/24/2012 (Attachments: #1 Opening Brief in Support of Valley County's Motion to Certify Questions of Law to the Idaho Supreme Court)(Hendrickson, Martin) |
Filing 137 Second MOTION for Summary Judgment Martin C Hendrickson appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 2/24/2012 (Attachments: #1 Opening Brief in Support of Valley County's Second Motion for Summary Judgment)(Hendrickson, Martin) |
Filing 136 MOTION to Dismiss for Lack of Jurisdiction Martin C Hendrickson appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 2/24/2012 (Attachments: #1 Opening Brief in Support of Valley County's Motion to Dismiss)(Hendrickson, Martin) |
Filing 135 MOTION for Partial Summary Judgment Victor Villegas appearing for Plaintiffs Elkhorn, LLC, Karen White.Motions referred to Candy W Dale. Responses due by 2/24/2012 (Attachments: #1 Memorandum in Support of Motion for Partial Summary Judgment, #2 Affidavit of Victor Villegas in Support of Motion for Summary Judgment, #3 Exhibit Exhibit A - Portion of Valley County's 2004 LUDO, #4 Exhibit Exhibit B - Portions of Valley County's 2010 Comprehensive Plan, #5 Exhibit Exhibit C - Portions of Valley County's 2008 Master Transportation Plan & CIP, #6 Exhibit Exhibit D - Portions of Valley County's 2006 Comprehensive Plan, #7 Exhibit Exhibit E - Valley County's Resolution 11-6)(Villegas, Victor) |
Filing 134 Minute Entry for proceedings held before Judge Candy W Dale: Appearance by Victor Villegas and Jed Manwaring for the Plaintiff; Chris Meyer and Martin Hendrickson for the Defendant. Telephonic Status Conference held on 1/5/2012. Court and counsel discussed case status. Counsel to advise Judge Dale's Chambers or ADR Coordinator Susie Boring-Headlee by 1/13/2012 if a further Judicially Supervised Settlement Conference is needed. (ESR Z. Springer.) (ah) |
Filing 133 STATUS REPORT by Valley County. (Hendrickson, Martin) |
Filing 132 STATUS REPORT Valley County's Supplemental by Valley County. (Hendrickson, Martin) |
Filing 131 STATUS REPORT Joint by Valley County. (Hendrickson, Martin) |
Set/Reset Hearings: Telephonic Status Conference set for 1/5/2012 10:00 AM MST Telephonic Hearing - Boise Courtroom 6 before Judge Candy W Dale, as listed in Amended Case Management Order (Dkt. #130 ). (ah) |
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Filing 129 Docket Text Minute Entry for proceedings held before Judge Candy W Dale: Appearance by Victor Villegas for the Plaintiff; Chris Meyer and Martin Hendrickson for the Defendant. Telephonic Scheduling Conference held on 10/12/2011. Court and counsel discussed case status and adjustment of several case management deadlines. Additional Discovery due by 12/31/2011. Pretrial Motions due on or before 1/31/2012. (Jury Trial set for 6/25/2012 09:30 AM in Boise - Courtroom 2 before Judge Edward J. Lodge, Telephonic Status Conference set for 1/5/2012 10:00 AM in Telephonic Hearing - Boise Courtroom 6 before Judge Candy W Dale. Counsel for the Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-1504.) Amended Case Management Order forthcoming. (ESR T. Diaz.) (ah) |
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Filing 127 REPLY to Response to Motion re #125 MOTION for Reconsideration re #124 Order on Motion for Preliminary Injunction, Order on Report and Recommendations, Order on Motion for Preliminary Injunction, Order on Report and Recommendations filed by Valley County.(Meyer, Christopher) |
Filing 126 RESPONSE to Motion re #125 MOTION for Reconsideration re #124 Order on Motion for Preliminary Injunction, Order on Report and Recommendations, Order on Motion for Preliminary Injunction, Order on Report and Recommendations Plaintiffs' Response to Valley County's Memorandum in Support of Motion for Reconsideration Filed August 26, 2011 filed by Karen White. Replies due by 10/6/2011.(Villegas, Victor) |
Filing 125 MOTION for Reconsideration re #124 Order on Motion for Preliminary Injunction, Order on Report and Recommendations, Order on Motion for Preliminary Injunction, Order on Report and Recommendations Christopher H Meyer appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 9/19/2011 (Attachments: #1 Memorandum in Support)(Meyer, Christopher) |
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Filing 123 RESPONSE TO OBJECTION TO R&R filed by Karen White. (Attachments: #1 Affidavit Scott Acker)(Villegas, Victor) |
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Filing 120 DECLARATION of Cynda Herrick re #117 Objection to Report and Recommendations filed by Valley County. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Meyer, Christopher) |
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Filing 118 MOTION for Leave to File Declaration Re Secesh Engineering in Support of Objection to Report and Recommendation Christopher H Meyer appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 8/25/2011 (Attachments: #1 Exhibit 1)(Meyer, Christopher) |
Filing 117 OBJECTION to #115 Report and Recommendations Re Application for Preliminary Injunction. (Meyer, Christopher) |
Set Deadlines/Hearings: Case Management deadline set for 8/12/2011. Per dkt 115 the Response to objections is due by 8/12/11(jm) |
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Filing 115 REPORT AND RECOMMENDATIONS re #107 MOTION for Preliminary Injunction Renewed Application filed by Karen White. Objections to R&R due by 8/5/2011. Response to objections due by 8/12/2011. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 114 Docket Text Minute Entry for proceedings held before Judge Candy W Dale: Appearance by Victor Villegas for the Plaintiff; Christopher Meyer for the Defendant. Motion Hearing held on 7/26/2011 re #107 MOTION for Preliminary Injunction Renewed Application filed by Karen White. Oral argument heard. Motion taken UNDER ADVISEMENT. Report and Recommendation forthcoming. (ESR K. Bryan.) (ah) |
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Filing 112 AFFIDAVIT of Victor Villegas re #107 MOTION for Preliminary Injunction Renewed Application filed by Karen White. (Attachments: #1 Exhibit July 7, 2011 E-Mail and Letter, #2 Exhibit E-Mail thread between Matt Williams and Jed Manwaring)(Villegas, Victor) |
Filing 111 DECLARATION of Cynda Herrick re #110 Response to Motion filed by Valley County Re Extension of Time to File Final Plat. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Meyer, Christopher) |
Filing 110 RESPONSE to Motion re #107 MOTION for Preliminary Injunction Renewed Application filed by Valley County. Replies due by 8/8/2011.(Meyer, Christopher) |
Set/Reset Deadlines as to #107 MOTION for Preliminary Injunction Renewed Application. Per Doc #109-Responses due by 7/22/2011 (dks) |
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Filing 108 DOCKET ENTRY NOTICE of Hearing on Motion: #107 MOTION for Preliminary Injunction Renewed Application - Motion Hearing set for 7/26/2011 03:00 PM in Boise - Courtroom 6 before Judge Candy W Dale. (ah) |
Filing 107 MOTION for Preliminary Injunction Renewed Application Victor Villegas appearing for Plaintiff Karen White.Motions referred to Candy W Dale. Responses due by 8/1/2011 (Villegas, Victor) |
Filing 106 NOTICE by Valley County re #47 MOTION for Summary Judgment Second Supplemental Authority (Attachments: #1 Exhibit 1)(Meyer, Christopher) |
Filing 105 RESPONSE TO OBJECTION TO R&R filed by Karen White. (Attachments: #1 Affidavit in Opposition to Valley County's Supplemental Brief in Support of Objections to Report & Recommendation)(Villegas, Victor) Modified on 5/6/2011 to create a relationship to Doc #86 (dks). |
Filing 104 SUPPLEMENT by Defendant Valley County re #89 Objection to Report and Recommendations. (Attachments: #1 Declaration of Cody Janson, #2 Declaration of Ray Moore)(Hendrickson, Martin) Modified on 5/6/2011 to create a relationship to Doc #86 (dks). |
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Filing 102 NOTICE by Valley County of Supplemental Authority (Hendrickson, Martin) |
Filing 101 MOTION for Leave to File Supplemental Brief and Declarations in Support of Objections to Report and Recommendation Martin C Hendrickson appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 5/6/2011 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hendrickson, Martin) |
Filing 100 DOCKET TEXT Minute Entry for proceedings held before Judge Mikel H. Williams: Settlement Conference held on 4/5/2011. Parties met and negotiated under the Court's direction. Case Not Settled. (Court Reporter/ESR not recorded.) (so) |
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Filing 98 RESPONSE to #97 Reply filed by Valley County to Plaintiffs' Objection to Valley County's Response and Declaration of Cynda Herrick Regarding Resolution 11-6 Filed March 21, 2011. (Hendrickson, Martin) Modified on 3/23/2011 to create link (cjm). |
Filing 97 REPLY re #96 Declaration, #95 Response to Objection to R&R filed by Karen White Plaintiff's Objection to Valley County's Response and Declaration of Cynda Herrick Re Resolution 11-6 Filed March 21, 2011. (Villegas, Victor) |
Filing 96 DECLARATION of Cynda Herrick re #95 Response to Objection to R&R filed by Valley County. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Meyer, Christopher) |
Filing 95 RESPONSE TO #92 OBJECTION TO #86 R&R filed by Valley County.(Meyer, Christopher) Modified on 3/28/2011 to create links (cjm). |
Filing 94 RESPONSE TO #89 OBJECTION TO #86 R&R filed by Karen White.(Villegas, Victor) Modified on 3/21/2011 to create links (cjm). |
Filing 92 OBJECTION to #86 Report and Recommendations Plaintiffs'. (Villegas, Victor) |
Filing 91 DECLARATION of Cynda Herrick re #89 Objection to Report and Recommendations filed by Valley County. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Meyer, Christopher) |
Filing 90 DECLARATION of Christopher H. Meyer re #89 Objection to Report and Recommendations filed by Valley County. (Attachments: #1 Exhibit A, #2 Exhibit B)(Meyer, Christopher) |
Filing 89 OBJECTION to #86 Report and Recommendations. (Meyer, Christopher) |
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Filing 93 Minute Entry for proceedings held before Judge Mikel H. Williams: Telephone Status Conference held on 3/2/2011. Appearances by Jed Manwaring and Victor Villegas as counsel for Plaintiff and Martin Hendrickson, Chris Meyer and Matt Williams as counsel for Defendants. Location and conditions of settlement conference were discussed and decided by counsel and the Court. Settlement conference will be set for April 5, 2011 at 9:30 a.m. in Boise, Idaho - Settlement Conference Order forthcoming. (Court Reporter/ESR not recorded.) (so). |
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Filing 86 REPORT AND RECOMMENDATIONS It is hereby recommended that Defendant's Motion for Summary Judgment (Dkt. #47 ) be GRANTED IN PART AND DENIED IN PART; and Defendant's Motion for Rule 11 Sanctions (Dkt. #55 ) be DENIED. Objections to R&R due by 3/3/2011. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 85 Docket Text Minute Entry for proceedings held before Judge Candy W Dale: Appearance by Victor Villegas and Jed Manwaring for the Plaintiff; Christopher Meyer and Martin Hendrickson for the Defendant. Motion Hearing held on 12/13/2010 re #55 First MOTION for Sanctions filed by Valley County, #47 MOTION for Summary Judgment filed by Valley County. Oral argument heard. Motions taken UNDER ADVISEMENT. Order forthcoming. (ESR T. Diaz.) (ah) |
Filing 84 DOCKET ENTRY NOTICE of Hearing on Motions: #47 MOTION for Summary Judgment, #55 First MOTION for Sanctions - Motion Hearing set for 12/13/2010 02:00 PM in Boise - Courtroom 6 before Judge Candy W Dale. (ah) |
Filing 83 REPLY to Response to Motion re #55 First MOTION for Sanctions filed by Valley County.(Meyer, Christopher) |
Filing 82 REPLY to Response to Motion re #47 MOTION for Summary Judgment filed by Valley County.(Meyer, Christopher) |
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Filing 80 RESPONSE to Motion re #79 MOTION for Leave to File Excess Pages filed by Karen White. Replies due by 11/15/2010.(Manwaring, Jed) |
Filing 79 MOTION for Leave to File Excess Pages Martin C Hendrickson appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 11/22/2010 (Hendrickson, Martin) |
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Filing 77 MOTION for Extension of Time to File Response/Reply as to #55 First MOTION for Sanctions, #47 MOTION for Summary Judgment Martin C Hendrickson appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 11/15/2010 (Attachments: #1 Affidavit In Support of Valley County's Unopposed Motion for Extension of time to Fiel Reply Briefs)(Hendrickson, Martin) |
Filing 76 MEMORANDUM in Opposition re #55 First MOTION for Sanctions filed by Karen White. Replies due by 10/25/2010.(Villegas, Victor) |
Filing 75 AFFIDAVIT in Opposition by Matt Wolff re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Wolff Aff. Exh. A - CUP 07-04 issued 3/20/2007, #2 Exhibit Wolff Aff. Exh. B - Staff Report dated 3/8/2007, #3 Exhibit Wolff Aff. Exh. C - Road Development Agreement 9/17/2007)(Villegas, Victor) |
Filing 74 AFFIDAVIT in Opposition by Steve Loomis re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010.(Villegas, Victor) |
Filing 73 AFFIDAVIT in Opposition by Anne Seastrom re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Seastrom Aff. Exh. A - CUP dated 7/12/2005, #2 Exhibit Seastrom Aff. Exh. B - Road Development Agreement 8/25/2005)(Villegas, Victor) |
Filing 72 AFFIDAVIT in Opposition by Henry Rudolph re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Rudolph Aff. Exh. A - CUP No. 07-04 issued to RedWolff Ventures 3/20/2007, #2 Exhibit Rudolph Aff. Exh. B - Staff Report 3/8/2007, #3 Exhibit Rudolph Aff. Exh. C - Road Development Agreement 9/17/2007)(Villegas, Victor) |
Filing 71 AFFIDAVIT in Opposition by Robert A. Higgins re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Higgins Aff. Exh. A - CUP No. 05-48 10/25/2005, #2 Exhibit Higgins Aff. Exh. B - Road Development Agreement 5/3/2010, #3 Exhibit Higgins Aff. Exh. C - Road Development Credit Transfer Agreement)(Villegas, Victor) |
Filing 70 AFFIDAVIT in Opposition by Robert W. Fodrea re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Fodrea Aff. Exh. A - CUP No. 04-24 issued 10/26/2004, #2 Exhibit Fodrea Aff. Exh. B - Road Development Agreement 10/6/2006, #3 Exhibit Fodrea Aff. Exh. C - CUP No. 08-08 issued to Gold Fork River Ranch, LLc 6/30/2008, #4 Exhibit Fodrea Aff. Exh. D - Road Development Agreement 9/23/2009)(Villegas, Victor) |
Filing 69 AFFIDAVIT in Opposition by Scott Findlay re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Findlay Aff. Exh. A - Application for White Cloud Subdivision, #2 Exhibit Findlay Aff. Exh. B - CUP No. 05-17, #3 Exhibit Findlay Aff. Exh. C - Staff Report, #4 Exhibit Findlay Aff. Exh. D - Valley County Engineer's 5/12/2005 Letter, #5 Exhibit Findlay Aff. Exh. E - 2007 North West Mountain Capital Improvements Program Estimate, #6 Exhibit Findlay Aff. Exh. F - Preliminary Plat for Phase 2)(Villegas, Victor) |
Filing 68 AFFIDAVIT in Opposition by DeMar Burnett re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Burnett Aff. Exh. A - CUP 03-07 Phase 1 Whispering Pines, #2 Exhibit Burnett Aff. Exh. B - Road Development Agreement Phase 1 8/18/2005, #3 Exhibit Burnett Aff. Exh. C - Road Development Agreement Phase 2 9/25/2006, #4 Exhibit Burnett Aff. Exh. D - Road Development Agreement Phase 3 1/15/2008)(Villegas, Victor) |
Filing 67 AFFIDAVIT in Opposition by Dan Brumwell re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Brumwell Aff. Exh. A - CUP No. 05-42 issued 8/30/2005, #2 Exhibit Brumwell Aff. Exh. B - Road Development Agreement 5/22/2006)(Villegas, Victor) |
Filing 66 AFFIDAVIT in Opposition re #47 MOTION for Summary Judgment by Luther White filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Luther White Aff. Exh. A - Notice of Satisfaction of Mortgage, #2 Exhibit Luther White Aff. Exh. B - White Castle Company, LLC Articles of Organization & 2010 Annual Report, #3 Sealed Exhibit Luther White Aff. Exh. C - Florida Driver's License, #4 Seaked Exhibit Luther White Aff. Exh. D - Florida Voter Registration, #5 Exhibit Luther White Aff. Exh. E - Relevant Portions of 2009 Fed. Income Tax Return, #6Sealed Exhibit Luther White Aff. Exh. F - Vehicle Registration, #7 Exhibit Luther White Aff. Exh. G - Florida Homestead Exemption, #8 Exhibit Luther White Aff. Exh. H - Membership Invoice from Florida Forestry Association, #9 Exhibit Luther White Aff. Exh. I - 2009 Non-Resident Hunting License by State of Idaho, #10 Exhibit Luther White Aff. Exh. J - Elkhorn Articles of Organization & 2010 Annual Report)(Villegas, Victor) Modified on 10/12/2010 to seal Exhibits C,D & F due to personal identifiers (dks). |
Filing 65 AFFIDAVIT in Opposition re #47 MOTION for Summary Judgment by Karen White filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Karen White Aff. Exh. A - Notice of Satisfaction of Mortgage, #2 Sealed Exhibit Karen White Aff. Exh. B - Florida Driver's License, #3 Sealed Exhibit Karen White Aff. Exh. C - Florida Voter Registration, #4 Sealed Exhibit Karen White Aff. Exh. D - Portions of 2009 Fed. Income Tax Return, #5 Sealed Exhibit Karen White Aff. Exh. E - Vehicles Registration, #6 Exhibit Karen White Aff. Exh. F - Copy of Homestead Exemption, #7 Exhibit Karen White Aff. Exh. G - Copy of Paycheck Stub, #8 Exhibit Karen White Aff. Exh. H - Membership Invoice for Florida Forestry Association, #9 Exhibit Karen White Aff. Exh. I - Conditional Use Permit No. 05-17 dated 5/24/2005, #10 Exhibit Karen White Aff. Exh. J - Road Development Agreement 6/26/2006)(Villegas, Victor) Modified on 10/12/2010 to seal Exhibits B,C & E due to personal identifiers (dks). |
Filing 64 AFFIDAVIT in Opposition re #47 MOTION for Summary Judgment of Victor Villegas filed by Karen White. Replies due by 10/25/2010. (Attachments: #1 Exhibit Villegas Aff. Exh. A - Deposition of Gordon Cruickshank, #2 Exhibit Villegas Aff. Exh. B - Deposition of Phillip Davis, #3 Exhibit Villegas Aff. Exh. C - Deposition of Cynda Herrick, #4 Exhibit Villegas Aff. Exh. D - Deposition of Frank Eld, #5 Exhibit Villegas Aff. Exh. E - Excerpts from Valley County Master Transportation Plan, #6 Exhibit Villegas Aff. Exh. F - 12/6/2005 E-mail from Ervin Olen to All Boise & Gordon Cruickshank, #7 Exhibit Villegas Aff. Exh. G - Excerpts from Valley County Land Use & Development Ordinance 12/16/2004, #8 Exhibit Villegas Aff. Exh. H - Excerpts from Ordinance No. 06-4 Valley County Land Use & Development Ordinance 9/21/2006, #9 Exhibit Villegas Aff. Exh. I - CUP No. 05-20, Rolling Meadows Ranch Subdivision 6/21/2005, #10 Exhibit Villegas Aff. Exh. J - CUP 04-01 The Meadows at West Mountain 7/14/2004, #11 Exhibit Villegas Aff. Exh. K - 10/5/2007 letter from Doug Camenisch to Jerry Robinson, #12 Exhibit Villegas Aff. Exh. L - Road Development Agreement - The Meadows at West Mountain-Phase 2 9/26/2005, #13 Exhibit Villegas Aff. Exh. M - CUP 06-48 Brewster Mill Sub. 8/21/2007, #14 Exhibit Villegas Aff. Exh. N - Staff Report re White Cloud Sub. Preliminary Plat - Hearing Date 5/12/2005, #15 Exhibit Villegas Aff. Exh. O - 9/28/2005 letter from Gordon Cruickshank to Bob Fodrea & Dwight Jividen, #16 Exhibit Villegas Aff. Exh. P - 2/14/2006 letter from Gordon Cruickshank to Bob Fodrea, #17 Exhibit Villegas Aff. Exh. Q - First Declaration of Gordon Cruickshank 8/16/2010, #18 Exhibit Villegas Aff. Exh. R - Road Development Agreement for White Cloud - Phase 1 6/26/2006, #19 Exhibit Villegas Aff. Exh. S - CUP 05-17 for White Cloud Subdivision 5/24/2005, #20 Exhibit Villegas Aff. Exh. T - 8/24/2005 letter from Phillip Davis to Bob Fodrea, #21 Exhibit Villegas Aff. Exh. U - 8/7/2006 letter from Phillip Davis to Bob Fodrea, #22 Exhibit Villegas Aff. Exh. V - 5/12/2005 letter from Doug Camenisch to Cynda Herrick, #23 Exhibit Villegas Aff. Exh. W - Staff Report, Hearing dated 5/12/2005, #24 Exhibit Villegas Aff. Exh. X - Staff Report, Hearing dated 4/13/2006, #25 Exhibit Villegas Aff. Exh. Y - Minutes of Valley County Board of Commissioners 12/17/2007)(Villegas, Victor) |
Filing 63 MEMORANDUM in Opposition re #47 MOTION for Summary Judgment filed by Karen White. Replies due by 10/25/2010.(Villegas, Victor) (Main Document 63 replaced on 10/8/2010 to correct footer. Clerk regenerated) (dks). |
Filing 62 Statement Statement of Material Facts in Dispute of Valley County's Motion for Summary Judgment Filed August 16, 2010 re #47 MOTION for Summary Judgment filed by Karen White.(Villegas, Victor) |
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Set/Reset Deadlines as to #47 MOTION for Summary Judgment. Responses due by 10/8/2010 (dks) |
Filing 60 AFFIDAVIT in Support by Victor Villegas re #51 MOTION to Continue Summary Judgment Proceedings Second Affidavit of Victor Villegas in Support of Plaintiffs' Motion to Continue Summary Judgment Proceedings filed by Karen White. (Attachments: #1 Exhibit Exhibit A to Second Affidavit of Victor Villegas, #2 Exhibit Exhibit B to Second Affidavit of Victor Villegas)(Villegas, Victor) |
Filing 59 REPLY to Response to Motion re #51 MOTION to Continue Summary Judgment Proceedings Plaintiffs' Response to Valley County's Memorandum in Opposition to Plaintiffs' Motion to Continue Summary Judgment Proceedings filed by Karen White.(Villegas, Victor) |
Filing 58 MEMORANDUM in Opposition re #51 MOTION to Continue Summary Judgment Proceedings filed by Valley County. Replies due by 9/16/2010. (Attachments: #1 Affidavit of Counsel)(Hendrickson, Martin) |
Filing 57 AFFIDAVIT of Martin C. Hendrickson re #55 First MOTION for Sanctions filed by Valley County. (Hendrickson, Martin) |
Filing 56 MEMORANDUM in support re #55 First MOTION for Sanctions filed by Valley County. (Hendrickson, Martin) Modified on 8/26/2010 (dks). |
Filing 55 First MOTION for Sanctions Martin C Hendrickson appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 9/20/2010 (Hendrickson, Martin) |
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Set/Reset Deadlines as to #51 MOTION to Continue Summary Judgment Proceedings. Responses due by 8/30/2010 Replies due by 9/2/2010. (dks) |
Filing 52 AFFIDAVIT of Victor Villegas in Support of Plaintiffs' Motion to Continue Summary Judgment Proceedings, re #51 MOTION to Continue Summary Judgment Proceedings filed by Elkhorn, LLC, Karen White. (Attachments: #1 Exhibit A)(jm) |
Filing 51 MOTION to Continue Summary Judgment Proceedings Victor Villegas appearing for Plaintiffs Elkhorn, LLC, Karen White.Motions referred to Candy W Dale. Responses due by 9/13/2010 (Villegas, Victor) |
Filing 50 DECLARATION of Gordon Cruickshank re #47 MOTION for Summary Judgment filed by Valley County. (Meyer, Christopher) |
Filing 49 Statement of Material Fact re #47 MOTION for Summary Judgment filed by Valley County.(Meyer, Christopher) |
Filing 48 MEMORANDUM in Support re #47 MOTION for Summary Judgment filed by Valley County. (Attachments: #1 Exhibit Conditional Use Permit, #2 Exhibit Road Development Agreement, #3 Exhibit Plaintiffs' Discovery Responses)(Meyer, Christopher) |
Filing 47 MOTION for Summary Judgment Christopher H Meyer appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 9/10/2010 (Meyer, Christopher) |
Filing 46 First Amended ANSWER to #41 Amended Complaint by Valley County.(Meyer, Christopher) |
Filing 45 MOTION for Leave to File Excess Pages Christopher H Meyer appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 9/7/2010 (Meyer, Christopher) |
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Filing 43 ANSWER to #41 Amended Complaint Second Amended Complaint by Valley County.(Meyer, Christopher) |
Filing 42 STIPULATION re #11 Scheduling Order, Scheduling Order Amended Stipulation to Amend Scheduling Order by Karen White. (Villegas, Victor) |
Filing 41 AMENDED COMPLAINT Second Amended Complaint against Valley County, filed by Karen White, Elkhorn, LLC.(Villegas, Victor) |
Filing 40 STIPULATION to amend re #11 Scheduling Order by Karen White. (Villegas, Victor) |
Filing 39 NOTICE of Appearance by Martin C Hendrickson on behalf of Valley County (Hendrickson, Martin) |
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Filing 36 DOCKET ENTRY NOTICE VACATING HEARING: MOTION to Amend/Correct #14 Amended Complaint, #1 Complaint - Motion Hearing currently set for 6/30/2010 01:30 PM in Boise, ID before Judge Candy W Dale is hereby VACATED. Order on Motion to Amend/Correct forthcoming. (ah) |
Filing 35 RESPONSE to Motion re #33 MOTION to Withdraw #16 MOTION for Preliminary Injunction Non-Opposition to Motion filed by Valley County. Replies due by 7/15/2010.(Meyer, Christopher) |
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Filing 33 MOTION to Withdraw #16 MOTION for Preliminary Injunction Victor Villegas appearing for Plaintiffs Elkhorn, LLC, Karen White.Motions referred to Candy W Dale. Responses due by 7/19/2010 (Villegas, Victor) |
Filing 32 RESPONSE to Motion re #24 MOTION to Amend/Correct #14 Amended Complaint, #1 Complaint, filed by Valley County. Replies due by 7/9/2010.(Meyer, Christopher) |
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Filing 30 REPLY re #16 MOTION for Preliminary Injunction filed by Valley County as Surreply to Application for Preliminary Injunction. (Meyer, Christopher) |
Filing 29 MOTION for Leave to File Surreply to Application for Preliminary Injunction Christopher H Meyer appearing for Defendant Valley County.Motions referred to Candy W Dale. Responses due by 7/9/2010 (Meyer, Christopher) |
Filing 28 Expert Witness Disclosure filed by Defendant Valley County. (Hendrickson, Martin) |
Filing 27 DOCKET ENTRY NOTICE of Hearing on Motions: #16 MOTION for Preliminary Injunction, #24 MOTION to Amend/Correct #14 Amended Complaint, #1 Complaint - Motion Hearing set for 6/30/2010 01:30 PM in Boise, ID before Judge Candy W Dale. (ah) |
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Filing 25 REPLY to Response to Motion re #16 MOTION for Preliminary Injunction filed by Karen White.(Villegas, Victor) |
Filing 24 MOTION to Amend/Correct #14 Amended Complaint, #1 Complaint, Victor Villegas appearing for Plaintiffs Elkhorn, LLC, Karen White.Motions referred to Candy W Dale. Responses due by 6/21/2010 (Attachments: #1 Exhibit Second Amended Complaint)(Villegas, Victor) |
Filing 23 Expert Witness Disclosure filed by Plaintiff Karen White. (Villegas, Victor) |
Filing 22 AFFIDAVIT in Opposition by Cynda Herrick re #16 MOTION for Preliminary Injunction filed by Valley County. Replies due by 5/27/2010. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Meyer, Christopher) |
Filing 21 RESPONSE to Motion re #16 MOTION for Preliminary Injunction filed by Valley County. Replies due by 5/27/2010.(Meyer, Christopher) |
Filing 20 First Amended ANSWER to #14 Amended Complaint by Valley County.(Meyer, Christopher) |
Filing 19 ANSWER to #14 Amended Complaint by Valley County.(Meyer, Christopher) |
Filing 18 NOTICE of Appearance by Christopher H Meyer on behalf of Valley County (Meyer, Christopher) |
Filing 17 AFFIDAVIT of Luther White re #16 MOTION for Preliminary Injunction filed by Karen White. (Attachments: #1 Exhibit Exhibit A Conditional Use Permit, #2 Exhibit B Road Development Agreement, #3 Exhibit C Valley County Planning & Zoning Meeting Minutes)(Villegas, Victor) |
Filing 16 MOTION for Preliminary Injunction Victor Villegas appearing for Plaintiff Karen White. Responses due by 5/10/2010 (Villegas, Victor) |
Filing 15 Corporate Disclosure Statement by Karen White identifying Corporate Parent Elkhorn, LLC for Karen White.. (Villegas, Victor) |
Filing 14 AMENDED COMPLAINT against Valley County, filed by Karen White.(Villegas, Victor) |
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Filing 12 STIPULATION to File First Amended Complaint by Karen White. (Attachments: #1 Exhibit First Amended Complaint)(Villegas, Victor) |
The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. (dks) |
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CORRECTIVE ENTRY - The entry docket number #10 Disclosure Statement filed by Karen White was filed incorrectly in this case. Pursuant to Local Rule 5.4 Non-Filing of Discovery, discovery documents must be served upon other counsel and parties but must not be filed with the Clerk of Court unless on order of the court or for use in the proceeding.(dks) |
Filing 10 Disclosure Statement filed byVictor Villegas on behalf of Karen White. (Villegas, Victor) |
Filing 9 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Karen White. (Villegas, Victor) |
Filing 8 CONSENT filed. (dks) |
Filing 7 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Valley County, Karen White re #6 Answer to Complaint Consent/Objection to Magistrate due by 12/30/2009. (dks) |
Filing 6 ANSWER to #1 Complaint, by Valley County.(Williams, Matthew) |
Filing 5 NOTICE of Appearance by Matthew C Williams on behalf of Valley County (Williams, Matthew) |
Filing 4 SUMMONS Returned Executed by Karen White. Valley County served on 10/7/2009, answer due 10/27/2009. (Villegas, Victor) |
Filing 3 Summons Issued as to Valley County. (Print attached Summons for service.) (dks) |
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Filing 1 COMPLAINT Verified against Valley County ( Filing fee $ 350 receipt number 09760000000000524581.), filed by Karen White. (Attachments: #1 Exhibit A - Conditional Use Permit, #2 Exhibit B - Road Development Agreement, #3 Exhibit C - Check Proof of Payment to Valley County, #4 Cover Sheet, #5 Summons)(Villegas, Victor) |
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