Rutz et al v. Marth
Plaintiff: LOWELL RUTZ and CONNIE RUTZ
Defendant: ROALD MARTH
Case Number: 1:2020cv00051
Filed: May 11, 2020
Court: US District Court for the Northern District of Iowa
Presiding Judge: Judge Kelly KE Mahoney
Referring Judge: CJ Williams
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2021 Filing 33 AMENDED JUDGMENT in favor of Plaintiff Connie Rutz against Defendant Roald Marth. Plaintiff awarded $1,000,000.00 pursuant to Acceptance of Offer of Confession of Judgment. Signed by Clerk and Approved by Judge CJ Williams on 9/07/2021. (des)
August 30, 2021 Filing 32 JUDGMENT in favor of Plaintiff Connie Rutz against Defendant Roald Marth. Plaintiff awarded $210,552.20 on her breach of contract claim relating to the 2009 Note (Count I); Plaintiff awarded $1,000,000.00 pursuant to Acceptance of Offer of Confession of Judgment. Signed by Clerk and Approved by Judge CJ Williams on 8/27/2021. (des)
August 24, 2021 Filing 31 SETTLEMENT Agreement Defendant's Offer of Confession of Judgment and Plaintiff's Acceptance of Same by Connie Rutz (Jones, Samuel)
August 19, 2021 Opinion or Order Filing 30 ORDER re #29 Stipulation filed by Connie Rutz : The Court denies the parties' request to enter judgment in favor of plaintiff for $1,000,000. Signed by Judge CJ Williams on 8/19/2021. [see ORDER] (kms)
August 6, 2021 Filing 29 STIPULATION Joint Stipulation for Entry of Judgment by Connie Rutz (Jones, Samuel)
March 5, 2021 Filing 28 (DISCOVERY - DOCKETED IN ERROR) CERTIFICATE OF SERVICE by Roald Marth Regarding Defendant's Answers to Plaintiff's Discovery (Silverman, Geoffrey) Modified on 3/8/2021 (jjh).
December 4, 2020 Opinion or Order Filing 27 ORDER granting in part and denying in part #16 Motion for Partial Summary Judgment. The Court grants plaintiffs motion on her breach of contract claim relating to the 2009 Note (Count I) and finds judgment in the amount of $210,552.20 is due on the 2009 Note. The Court denies plaintiffs motion on her breach of contract claim relating to the 2011 Note (Count IV). Signed by Judge CJ Williams on 12/4/2020. (mmc)
October 21, 2020 Filing 26 REPLY BRIEF to Resistance to Plaintiff's #16 Partial Motion for Summary Judgment filed by Connie Rutz. (Attachments: #1 Plaintiff's Response to Defendant's Statement of Additional Facts) (Jones, Samuel) Modified on 10/22/2020 (jjh).
October 14, 2020 Filing 25 CERTIFICATE OF SERVICE by Roald Marth re #24 Resistance to Motion, (Silverman, Geoffrey)
October 14, 2020 Filing 24 RESISTANCE to Motion re #16 MOTION for Summary Judgment Partial filed by Roald Marth. (Attachments: #1 Brief in support of Response in Resistance, #2 Statement of Material Facts Response to Plaintiff Statement of Material Facts, #3 Statement of Material Facts Defendant Statement of Additional Facts, #4 Appendix To Defendant's Response in Resistance) (Silverman, Geoffrey)
October 6, 2020 Filing 23 (DISCOVERY - NOT FILED WITH THE COURT) CERTIFICATE OF SERVICE by Connie Rutz re: 1st Supplemental Responses to Defendant's Discovery Requests (Jones, Samuel) Modified on 10/7/2020 (jjh).
October 1, 2020 Opinion or Order Filing 22 ORDER re #21 Stipulation of Dismissal filed by Connie Rutz: Lowell's claims for breach of contract (Counts I and IV), promissory estoppel (Counts II and V), and unjust enrichment (Counts III and VI) are dismissed with prejudice. Lowell is also dismissed as a party to this suit. Each side shall bear their own costs and fees, except as otherwise agreed to by the parties. Nothing in the parties' joint stipulation, nor in this Order, affects Connie's claims against defendant for breach of contract (Counts I and IV), promissory estoppel (Counts II and V), and unjust enrichment (Counts III and VI). Signed by Judge CJ Williams on 10/01/20. (ksy)
September 30, 2020 Filing 21 STIPULATION of Dismissal with Prejudice of Certain Claims and Plaintiff Lowell Rutz by Connie Rutz (Jones, Samuel)
September 24, 2020 Opinion or Order Filing 20 *TEXT ORDER* ORDER granting #19 Unresisted Motion for Extension of Time to File Resistance to Motion for Partial Summary Judgment. The deadline to file a resistance is extended to 10/14/2020. Signed by Judge C.J. Williams on 9/24/2020. (skv)
September 24, 2020 Filing 19 UNRESISTED Motion for To Extend Deadline to Resist Pltf Motion for Partial Summary Judgment by Defendant Roald Marth (Attachments: #1 Text of Proposed Order Order re Unresisted Motion to Extend Deadline) (Silverman, Geoffrey)
September 22, 2020 Opinion or Order Filing 18 ORDER denying Plaintiff's #17 Unresisted Motion to Seal Appendix. Signed by Judge CJ Williams on 9/22/2020. (jjh)
September 21, 2020 Filing 17 UNRESISTED MOTION to Seal Document #16 MOTION for Summary Judgment Partial Appendix Only - Document 16-3 by Plaintiff Connie Rutz (Jones, Samuel)
September 11, 2020 Filing 16 MOTION for Summary Judgment Partial by Plaintiff Connie Rutz Responses due by 10/2/2020 (Attachments: #1 Brief in Support of Connie Rutz's Motion for Partial Summary Judgment, #2 Statement of Material Facts in Support of Connie Rutz's Motion for Partial Summary Judgment, #3 Appendix in Support of Connie Rutz's Motion for Partial Summary Judgment) (Jones, Samuel) (Attachment 3 replaced on 9/23/2020 pursuant to the court's instruction at #18 )
July 1, 2020 Filing 14 (DISCOVERY, DOCKETED IN ERROR) CERTIFICATE OF SERVICE by Connie Rutz, Lowell Rutz re: Service of Initial Disclosures (Jones, Samuel) Modified on 7/2/2020 (jjh).
July 1, 2020 Filing 13 (DISCOVERY, DOCKETED IN ERROR) CERTIFICATE OF SERVICE by Roald Marth regarding Initial Disclosures of Defendant (Silverman, Geoffrey) Modified on 7/2/2020 (jjh).
June 18, 2020 Opinion or Order Filing 12 TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 9/27/2021 at 9:00 AM in Ctrm 3 (4th Floor) Cedar Rapids before Judge CJ Williams. Telephonic Final Pretrial Conference set for 9/13/2021 at 9:00 AM before Judge CJ Williams. Proposed Pretrial Order due by 9/10/2021. Signed by Judge CJ Williams on 6/18/2020. (mmc)
June 17, 2020 Opinion or Order Filing 11 SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 7/1/2020 but not filed with the court. Add Parties Deadline due by 8/3/2020. Amended Pleadings due by 8/3/2020. Plaintiff's Expert Witness due by 10/1/2020. Defendant's Expert Witnesses due by 12/1/2020. Plaintiff's Rebuttal Experts due by 1/11/2021. Discovery due by 3/2/2021. Motions due by 4/1/2021. Trial Ready Deadline 9/1/2021. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 6/17/2020. (kms) (Main Document 11 replaced on 6/17/2020) (kms).
June 15, 2020 Filing 10 MINUTE Entry for proceedings held before Chief Magistrate Judge Kelly K.E. Mahoney: Scheduling Conference held on 6/15/2020. (Official Court Record: FTR Gold) (kms)
June 15, 2020 Filing 9 PROPOSED Scheduling Order and Discovery Plan REVISED by Plaintiffs Connie Rutz, Lowell Rutz (Jones, Samuel)
June 11, 2020 Opinion or Order Filing 8 ORDER Setting Hearing. Scheduling Conference set for 6/15/2020 at 2:30 PM (Telephonic Hearing - please see text of Order for dial-in hearing instructions) before Chief Magistrate Judge Kelly K.E. Mahoney. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 06/11/2020. (Attachments: #1 proposed scheduling order and discovery plan) (Gollhofer, Jami)
May 26, 2020 Filing 7 TEXT ORDER re #6 Motion for Leave to Appear Pro Hac Vice for Attorney Geoffrey L Silverman on behalf of Defendant Roald Marth: Upon a review of the Motion and the Certificate of Good Standing, the court finds the Motion should be granted. Signed by Clerk on 5/26/2020. (jjh) Modified on 5/26/2020 (jjh).
May 23, 2020 Filing 6 MOTION for Leave to Appear Pro Hac Vice for Attorney ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3206397) by Defendant Roald Marth (Silverman, Geoffrey)
May 18, 2020 Filing 5 Defendant's ANSWER to Complaint Petition by Roald Marth.(Hatala, Robert)
May 12, 2020 Filing 4 NOTICE of Appearance by Samuel E Jones on behalf of Connie Rutz, Lowell Rutz. (Jones, Samuel)
May 12, 2020 Filing 3 DOCKET Annotation: New removal case packet attached. (jjh)
May 12, 2020 Filing 2 STATE Court Petition with Jury Demand by Connie Rutz, Lowell Rutz (jjh)
May 12, 2020 Case Assigned to Judge CJ Williams and Chief Magistrate Judge Kelly K.E. Mahoney. (jjh)
May 11, 2020 Filing 1 NOTICE of Removal from Linn County District Court, case number EQCV095116. (Filing fee $ 400 receipt number AIANDC-3196598), filed by Roald Marth. Scheduling Report due by 7/10/2020 (Attachments: #1 Civil Cover Sheet, #2 State Court Documents, #3 LR 81(a)) (Hatala, Robert) Modified text on 5/12/2020 (jjh).

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Defendant: ROALD MARTH
Represented By: Robert S Hatala
Represented By: Geoffrey L Silverman
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Plaintiff: LOWELL RUTZ
Represented By: Samuel E Jones
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Plaintiff: CONNIE RUTZ
Represented By: Samuel E Jones
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