Eta Compute, Inc. v. Semones et al
| Eta Compute, Inc. |
| Inphi Partners, LLC, Timothy D. Semones, Susan Desko, Susan Desko, P.C. and Does 1-50 |
| 1:2018cv00552 |
| December 12, 2018 |
| US District Court for the District of Idaho |
| B Lynn Winmill |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2019. A more recent docket listing may be available from PACER.
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Filing 46
ORDER CONTINUING OSC HEARING - IT IS ORDERED that: (1) The OSC hearing scheduled for January 30, 2019 is VACATED. (2) The OSC hearing shall instead be conducted on February 14, 2019 at 11:00 a.m. in the United States Courthouse in Boise, Idaho. (3) Before the hearing, plaintiff shall advise the Court as to whether the bankruptcy court has certified that conducting the OSC hearing will not result in a violation of the automatic stay. (4) Plaintiff Eta Compute, Inc. is ordered to use its best efforts to notify third parties AAP Holdings, LLC and Andrew Pitt of this Order before the January 30, 2019 hearing, and, in any event, Plaintiff shall personally serve AAP and Pitt with a copy of this Order within seven (7) days of this Order. (5) All other provisions set forth in the Courts January 18, 2019 Order (Dkt. #39 ) remain in effect. (Show Cause Hearing set for 2/14/2019 11:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill.)Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Filing 45 REPLY to Response to Motion re #36 EX PARTE MOTION -Ex Parte Application For Writ of Attachment, #35 EX PARTE MOTION -Ex Parte Application For Leave To File a Second Amended Complaint, #37 MOTION to Expedite - Motion To Modify Order (Docket 26) and Set An Expedited Hearing MOTION for Hearing re #26 Memorandum Decision,,, Terminate Motions,, filed by Eta Compute, Inc..Motion Ripe Deadline set for 1/28/2019. (Attachments: #1 Declaration of EMagarian, #2 Exhibit Exhibits A-H to Declaration of EMagarian)(Goldsmith, Scott) |
| Filing 44 NOTICE OF BANKRUPTCY FILING Upon the Record as to Defendants Timothy D. Simones and Susan Desko by Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C. (Kurtz, Timothy) |
| Filing 43 CERTIFICATE OF SERVICE by Eta Compute, Inc. re #39 Memorandum Decision,,, Terminate Motions,, Proof of Service-Andrew Pitt (Attachments: #1 Proof of Service-AAP Holdings, Ltd.)(Goldsmith, Scott) |
| Filing 42 RESPONSE to Motion re #35 EX PARTE MOTION -Ex Parte Application For Leave To File a Second Amended Complaint, #36 EX PARTE MOTION -Ex Parte Application For Writ of Attachment, filed by Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C. Replies due by 2/5/2019.(cjs)(Submitted to the Court/Clerk for assistance filing 1/22/2019 due to prior "ex parte" restriction on motions.) |
| Filing 41 RESPONSE to Motion re #37 MOTION to Expedite - Motion To Modify Order (Docket 26) and Set An Expedited Hearing MOTION for Hearing re #26 Memorandum Decision,,, Terminate Motions,, filed by Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C.. Replies due by 2/5/2019. (Attachments: #1 Affidavit of Timothy R Kurtz, #2 Affidavit of Susan Desko, #3 Affidavit of Timothy D Semones)(Kurtz, Timothy) |
| DISREGARD - filed by Inphi Partners, LLC, Susan Desko, Timothy D. Semones, Susan Desko, P.C..(Kurtz, Timothy) Modified on 1/23/2019 to reflect this is an erroneous entry with document filed (cjs). |
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Filing 40
STIPULATION AND ORDER - Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing 39
MEMORANDUM DECISION AND ORDER - IT IS ORDERED that: (1) The Court will REFRAIN FROM RULING on the Plaintiffs Ex Parte Application for Leave to File a Second Amended Complaint (Dkt. #35 ). Defendants shall file a response to this application by no later than Wednesday, January 23, 2019. The optional reply brief shall be due January 25, 2019. (2) Plaintiffs Ex Parte Application for Writ of Attachment (Dkt. 36) is GRANTED in part and DENIED in part... Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Reset Deadlines as to #35 EX PARTE MOTION -Ex Parte Application For Leave To File a Second Amended Complaint. Responses due by 1/23/2019. Replies due by 1/25/2019. By Order Dkt. #39 .(cjs) |
| Set Hearings: Show Cause Hearing set for 1/30/2019 02:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. By Order Dkt. #39 .(cjs) |
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Filing 38
DOCKET ENTRY ORDER: The following expedited briefing schedule shall apply to Plaintiffs Motion to Modify Order and Set Expedited Hearing (Dkt. 37): Defendants shall file a written response to the motion on or before January 22, 2019. The optional reply brief shall be due by January 24, 2019. After reviewing the briefing, Court will determine if a hearing is necessary. Signed by Judge B. Lynn Winmill (mls)
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| Filing 37 MOTION to Expedite - Motion To Modify Order (Docket 26) and Set An Expedited Hearing, MOTION for Hearing re #26 Memorandum Decision,,, Terminate Motions,, ( Responses due by 2/4/2019)Scott D Goldsmith appearing for Plaintiff Eta Compute, Inc.. (Attachments: #1 Declaration of Edward Magarian In Support Of Plaintiff's Motion To Modify Order (Docket 26) and Set An Expedited Hearing, #2 Exhibit Exhibits A-H to Magarian Declaration)(Goldsmith, Scott) |
| Filing 36 EX PARTE MOTION -Ex Parte Application For Writ of Attachment Scott D Goldsmith appearing for Plaintiff Eta Compute, Inc.. Responses due by 2/4/2019 (Attachments: #1 Memorandum in Support -Memorandum of Points and Authorities In Support of Plaintiff's Ex Parte Application For Writ of Attachment, #2 Affidavit -Second Affidavit of Edward Magarian In Support of Application For Writ of Attachment, #3 Exhibit -Exhibits A - I to Magarian Affidavit)(Goldsmith, Scott) |
| Filing 35 EX PARTE MOTION -Ex Parte Application For Leave To File a Second Amended Complaint Scott D Goldsmith appearing for Plaintiff Eta Compute, Inc.. Responses due by 2/4/2019 (Attachments: #1 Exhibit A-Proposed Second Amended Complaint, #2 Declaration of Scott D. Goldsmith In Support of Plaintiff's Ex Parte Application For Leave to File a Second Amended Complaint, #3 Proposed Order Granting Plaintiff's Ex Parte Application For Leave To File a Second Amended Complaint)(Goldsmith, Scott) |
| Filing 34 STIPULATION re 12 Order on Ex Parte Motion Stipulation and Order by Eta Compute, Inc.. (Goldsmith, Scott) |
| Filing 33 Defendants Susan Desko and Susan Desko PC's Answer to First Amended Complaint ANSWER to #6 Amended Complaint by Susan Desko, Susan Desko, P.C..(Kurtz, Timothy) |
| Filing 32 Defendants Timothy D. Semones and Inphi Partners LLC's Answer to First Amended Complaint ANSWER to #6 Amended Complaint by Inphi Partners, LLC, Timothy D. Semones.(Kurtz, Timothy) |
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Filing 31
DOCKET ENTRY ORDER: On January 8, 2019, the Court entered an order (Dkt. 26) requiring, among other things, that counsel report to the Court regarding either an agreed-upon undertaking amount or failing that, their respective recommendations for an additional undertaking. See Dkt. 26, at 6. The order further provided that if Defendants failed to provide Plaintiff with sufficient information to identify the amount of cash subject to the January 8, 2019 Order by January 11, 2019, the Court would set the additional undertaking at $250,000, bringing the total undertaking to $350,000. The Court hereby extends the deadlines for the parties to file either a stipulation regarding an agreed-upon undertaking amount to Monday, January 14, 2019. The $100,000 undertaking currently on file thus remains sufficient at this time. Signed by Judge B. Lynn Winmill. (mls)
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| Filing 30 Corporate Disclosure Statement by Inphi Partners, LLC. (Kurtz, Timothy) |
| Filing 29 Corporate Disclosure Statement by Susan Desko, P.C.. (Kurtz, Timothy) |
| Filing 28 Corporate Disclosure Statement by Eta Compute, Inc.. (Goldsmith, Scott) |
| Filing 27 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Susan Desko, Eta Compute, Inc., Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C. re #19 Notice of Appearance, #1 Complaint, Consent/Objection to Magistrate due by 3/11/2019. (cjs) |
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Filing 26
MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED: Pursuant to Idaho Code 8-503(e), after considering the showing made by the parties, the Court finds there is a reasonable probability that Plaintiff will prevail in its claims. Defendants motion to vacate the writ of attachment issued on December 21, 2018 (Dkt. #20 ) is DENIED. Defendants motion to clarify or reconsider (Dkt. #23 ) is granted to the extent the Court clarifies that it did not intend to, and did not, order the prejudgment sale of the Semones vehicles.... Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (cjs) |
| Filing 25 REPLY to Response to Motion re #23 MOTION for Reconsideration re #21 Show Cause Hearing Motion For Clarification And/Or Reconsideration That Vehicles Must Not Be Sold After Attachment Because There Is No Judgment As Required Under Idaho Code 8 505 And It Is Not In The Be filed by Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C..Motion Ripe Deadline set for 1/8/2019.(Kurtz, Timothy) |
| Filing 24 RESPONSE to Motion re #23 MOTION for Reconsideration re #21 Show Cause Hearing Motion For Clarification And/Or Reconsideration That Vehicles Must Not Be Sold After Attachment Because There Is No Judgment As Required Under Idaho Code 8 505 And It Is Not In The Be filed by Eta Compute, Inc.. Replies due by 1/18/2019.(Goldsmith, Scott) |
| Filing 23 MOTION for Reconsideration re #21 Show Cause Hearing Motion For Clarification And/Or Reconsideration That Vehicles Must Not Be Sold After Attachment Because There Is No Judgment As Required Under Idaho Code 8 505 And It Is Not In The Best Interest Of Parties Timothy Ryan Kurtz appearing for Defendants Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C.. Responses due by 1/25/2019 (Attachments: #1 Memorandum in Support)(Kurtz, Timothy) |
| Filing 22 SUPPLEMENT by Defendants Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C. re #20 MOTION to Set Aside #13 Memorandum Decision, Supplemental Affidavit of Timothy Semones With Appraisals in Support of Motion for Cause Why Writ of Attachment Should Not Be Issued. (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C)(Kurtz, Timothy) |
| Filing 21 Minute Entry for proceedings held before Judge B. Lynn Winmill: Show Cause Hearing held on 1/2/2019. (Court Reporter Tammy Hohenleitner.) (jlb) |
| Filing 20 MOTION to Set Aside #13 Memorandum Decision, Timothy Ryan Kurtz appearing for Defendants Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C.. Responses due by 1/23/2019 (Attachments: #1 Memorandum in Support, #2 Affidavit)(Kurtz, Timothy) |
| Filing 19 NOTICE of Appearance by Timothy Ryan Kurtz on behalf of Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C. (Kurtz, Timothy) |
| Filing 18 CERTIFICATE OF SERVICE by Eta Compute, Inc. Proof of Service-Defendant Timothy D. Semones (First Amended Complaint; Ex Parte Application For Writ of Attachment; Writ of Attachment; Memorandum of Points and Authorities In Support of Plaintiff's Ex Parte Application For Writ of Attachment; Memorandum of Decision and Order; Order; Affidavit of Gopal Raghavan In Support of Application For Writ of Attachment with Exhibits A-B; Affidavit of Michael Dudley In Support of Application For Writ of Attachment with Exhibits A-B; Affidavid Edward B. Magarian In Support of Application For Writ of Attachment with Exhibit A (Goldsmith, Scott) |
| Filing 17 DOCKET ENTRY NOTICE OF HEARING: Pursuant to Order 12 and Memorandum Decision and Order #13 , a Show Cause Hearing is set for 1/2/2019 at 1:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlb) |
| Filing 16 CERTIFICATE OF SERVICE by Eta Compute, Inc. re #6 Amended Complaint -Proof of Service-Summons and Complaint-Timothy D. Semones (Attachments: #1 Proof of Service-Summons and Complaint-Susan Desko, #2 Proof of Service-Summons and Complaint-Inphi Partners, LLC, #3 Proof of Service-Summons and Complaint-Susan Desko, P.C.)(Keyes, J) |
| Filing 15 WRIT of Attachment issued. Signed by Judge B. Lynn Winmill. (cjs) |
| Filing 14 NOTICE by Eta Compute, Inc. of posting of Undertaking for Writ of Attachment Bond in the amount of $100,000 (Goldsmith, Scott) |
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Filing 13
MEMORANDUM DECISION AND ORDER granting 7 EX PARTE MOTION /Application for Writ of Attachment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Filing 11 DOCKET ENTRY ORDER approving #5 Motion for Pro Hac Vice Appearance of attorney Edward B Magarian for Eta Compute, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw) |
| Filing 10 DOCKET ENTRY ORDER approving #4 Motion for Pro Hac Vice Appearance of attorney Scott D Goldsmith for Eta Compute, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw) |
| Filing 9 ERRATA by Plaintiff Eta Compute, Inc. re 7 EX PARTE MOTION /Application for Writ of Attachment . (Keyes, J) |
| Filing 8 MEMORANDUM in Support re 7 EX PARTE MOTION /Application for Writ of Attachment filed by Eta Compute, Inc..(Keyes, J) |
| Filing 6 AMENDED COMPLAINT - First Amended Complaint against All Defendants, filed by Eta Compute, Inc..(Keyes, J) |
| Filing 5 MOTION FOR PRO HAC VICE APPEARANCE by Edward B. Magarian. ( Filing fee $ 250 receipt number 0976-1822822.)J Michael Keyes appearing for Plaintiff Eta Compute, Inc.. Responses due by 1/2/2019 (Keyes, J) |
| Filing 4 MOTION FOR PRO HAC VICE APPEARANCE by Scott D. Goldsmith. ( Filing fee $ 250 receipt number 0976-1822800.)J Michael Keyes appearing for Plaintiff Eta Compute, Inc.. Responses due by 1/2/2019 (Keyes, J) |
| Filing 3 Summons Issued as to Susan Desko, Inphi Partners, LLC, Timothy D. Semones, Susan Desko, P.C.. (Print attached Summons for service.) (Attachments: #1 Summons Issued - Susan Desko, #2 Summons Issued - Inphi Partners, LLC, #3 Summons Issued - Susan Desko, P.C.)(cjs) |
| Filing 2 Corporate Disclosure Statement by Eta Compute, Inc.. (Keyes, J) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-1822563.), filed by Eta Compute, Inc.. (Attachments: #1 Summons to Timothy D. Semones, #2 Summons to Susan Desko, #3 Summons to Inphi Partners, LLC, #4 Summons to Susan Desko, P.C., #5 Cover Sheet)(Keyes, J) |
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