Watchous Enterprises, L.L.C. v. Pacific National Capital et al
Plaintiff: Watchous Enterprises, L.L.C.
Defendant: Pacific National Capital, Waterfall Mountain USA LLC, Waterfall Mountain LLC and Waterfall International Holdings Limited
Case Number: 6:2016cv01432
Filed: December 7, 2016
Court: US District Court for the District of Kansas
Office: Wichita Office
County: Harvey
Presiding Judge: J. Thomas Marten
Presiding Judge: James P. O'Hara
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 11, 2022 Opinion or Order Filing 459 MEMORANDUM AND ORDER granting in part and denying in part 452 Motion for Attorney Fees and Reconsideration. The court denies the portion of plaintiff's motion asking the court to reconsider its earlier Order holding that plaintiff can' t recover both attorneys' fees and the punitive damage award because such an award would produce a duplicative recovery. The court grants the portion of plaintiff's motion that asks for an award of $489,853.50 in attorneys' fees and $68,967.21 in expenses. See Order for further details. Signed by District Judge Daniel D. Crabtree on 3/11/2022. Mailed to pro se parties. Pacific National Capital - c/o Charles A. Elfsten at 3300 Irvine Ave. Ste 100, Newport Beach, CA 92660; Waterfall International Holdings Limited, Waterfall Mountain LLC, Waterfall Mountain USA LLC and William J. Mournes at 35 Birch Run Ave. Denville, NJ 07834 and Kendra Duval at 719 W 580 S, Orem, UT 84058-6012 by regular mail (sz)
September 27, 2021 Opinion or Order Filing 449 MEMORANDUM AND ORDER. Plaintiff's Motion Concerning Form of Judgment (Doc. 445 ) is granted in part and denied in part. The motion is denied only with respect to plaintiff's request for additional injunctive relief. The motion is granted in all other respects, as outlined in this Order. The court directs the Clerk of the Court to issue a Judgment consistent with this Order. Defendant Mark Zouvas's Supplemental Response to Motion Concerning Form of Judgment (Doc. 447 ), which t he court liberally construes as a motion for reconsideration, is denied. Signed by District Judge Daniel D. Crabtree on 9/27/2021. Mailed to pro se parties Pacific National Capital - c/o Charles A. Elfsten at 3300 Irvine Ave. Ste 100, Newport Beach, CA 92660; Waterfall International Holdings Limited, Waterfall Mountain LLC, Waterfall Mountain USA LLC and William J. Mournes at 35 Birch Run Ave. Denville, NJ 07834 and Kendra Duval at 719 W 580 S, Orem, UT 84058-6012 by regular mail. (mam)
June 28, 2021 Opinion or Order Filing 432 MEMORANDUM AND ORDER denying 430 Motion for Judgment. Signed by District Judge Daniel D. Crabtree on 6/28/2021.Mailed to pro se parties Mailed to pro se parties Waterfall Mountain USA LLC, Waterfall Mountain LLC, Waterfall International Holdings Limited, William J. Mournes and Kendra Duval by regular mail. by regular mail. (sz)
June 24, 2021 Opinion or Order Filing 429 MEMORANDUM AND ORDER denying 426 Motion To Postpone Trial. See Order for details. Signed by District Judge Daniel D. Crabtree on 6/24/2021. Mailed to pro se parties Waterfall Mountain USA LLC, Waterfall Mountain LLC, Waterfall International Holdings Limited, William J. Mournes and Kendra Duval by regular mail. (sz)
June 16, 2021 Opinion or Order Filing 417 MEMORANDUM AND ORDER granting 389 Motion for Leave to File. Signed by District Judge Daniel D. Crabtree on 6/16/2021. Counsel for plaintiff must make all appropriate arrangements for Mr. Dumas to join the proceedings via videoconferencing tech nology in accordance with the court's preferences for audio and visual conferencing. Mailed to pro se party Waterfall Mountain USA LLC, Waterfall Mountain LLC, Waterfall International Holdings Limited, William J. Mournes and Kendra Duval by regular mail. (sz) Modified on 6/16/2021 to add Kendra Duval (sz).
June 7, 2021 Opinion or Order Filing 399 MEMORANDUM AND ORDER granting 381 Plaintiff's Amended Motion for Substitution. The Clerk of Court is directed to substitute Kendra Duval as defendant in this action in the place of Gordon Duval. Signed by District Judge Daniel D. Crabtree o n 6/7/2021. Mailed to pro se party Pacific National Capital - c/o Charles A. Elfsten at 3300 Irvine Ave. Ste 100, Newport Beach, CA 92660 and Waterfall International Holdings Limited, Waterfall Mountain LLC, Waterfall Mountain USA LLC and William J. Mournes at 35 Birch Run Ave. Denville, NJ 07834 by regular mail. (mam)
May 19, 2021 Opinion or Order Filing 388 MEMORANDUM AND ORDER. The corporate defendants - Pacific National Capital, Waterfall Mountain USA LLC, Waterfall Mountain LLC, and Waterfall International Holdings Limited - must secure legal counsel and notify the court at the soonest possible oppo rtunity - and no later than three weeks before the trial date in this case, June 28, 2021 - or suffer the consequences of their failure tooblige multiple warnings from the court. Signed by District Judge Daniel D. Crabtree on 5/19/2021. Mailed to p ro se parties Pacific National Capital c/o Charles A. Elfsten at 18818 Teller Ave. Ste 265, Irvine, CA 92612 and Waterfall International Holdings Limited, Waterfall Mountain LLC, Waterfall Mountain USA LLC and William J. Mournes at 35 Birch Run Ave. Denville, NJ 07834 by regular mail. (mam)
November 16, 2020 Opinion or Order Filing 369 MEMORANDUM AND ORDER denying as moot 364 Motion for Extension of Time to File; denying as moot 366 Amended Motion for Extension of Time to File. Consistent with a new Administrative Order by the District of Kansas, which continues all trials pending through the end of 2020 in light of the Covid-19 virus, the court hereby continues the trial scheduled for December 1, 2020. Trial is set for February 9, 2021. All remaining pretrial dates are hereby continued as well, and will be res et by subsequent notice. Signed by District Judge J. Thomas Marten on 11/16/2020. Mailed to pro se parties Pacific National Capital c/o Charles A. Elfsten, Waterfall Mountain USA, LLC, Waterfall Mountain, LLC, Waterfall International Holdings Limited, and William Mournes by regular mail. (sz)
November 4, 2020 Opinion or Order Filing 361 MEMORANDUM AND ORDER. Pacific defendants' Motion to Continue Jury Trial (Dkt. 356 ) is denied. Trial will commence as scheduled on December 1, 2020, and the court will make accommodations for defendant Elfsten, if he wishes, to appear remotel y. Counsel's Motion to Withdraw (Dkt. 360 ) is granted. Individual defendants Elfsten and Hasegawa are cautioned that they appear without benefit of counsel, and that they represent themselves only. Pacific National Capital is an unrepresented party. Signed by District Judge J. Thomas Marten on 11/4/2020. Mailed to pro se party Waterfall International Holdings Limited, Waterfall Mountain LLC and William J. Mournes at 35 Birch Run Ave. Denville, NJ 07834 by regular mail. (mam) Modified on 11/4/2020, also mailed to pro se party Waterfall Mountain USA LLC at the same address. (mam)
October 15, 2020 Opinion or Order Filing 357 MEMORANDUM AND ORDER granting 342 Motion to Clarify. See Order for details. Signed by District Judge J. Thomas Marten on 10/14/2020. Mailed to pro se party Waterfall Mountain USA LLC, Waterfall Mountain, LLC, Waterfall International Holdings Limited, William Mournes by regular mail. (sz)
March 13, 2020 Opinion or Order Filing 335 MEMORANDUM AND ORDER granting in part and denying in part 291 Motion for Partial Summary Judgment; denying 293 Motion for Partial Summary Judgment; denying 294 Motion for Summary Judgment; denying 295 Motion for Summary Judgment; denying 296 Motion for Summary Judgment. See Order for details. Signed by District Judge J. Thomas Marten on 3/13/2020. (sz)
February 21, 2020 Opinion or Order Filing 330 MEMORANDUM AND ORDER denying 326 Motion to Withdraw as Attorney ; denying 327 Motion to Withdraw as Attorney ; denying 328 Motion to Withdraw as Attorney. Signed by District Judge J. Thomas Marten on 2/21/2020. (sz)
May 10, 2019 Opinion or Order Filing 238 SIXTH AMENDED SCHEDULING ORDER and ORDER granting 226 plaintiff's Motion to Amend Scheduling Order. Proposed Pretrial Order due by 6/6/2019. Final Pretrial Conference set for 6/13/2019 at 01:00 PM by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627) before Magistrate Judge Angel D. Mitchell. Signed by Magistrate Judge Angel D. Mitchell on 5/10/19. Copies of this order have been mailed to the pro se parties by regular mail. (ks)
April 11, 2019 Opinion or Order Filing 217 MEMORANDUM AND ORDER denying without prejudice 205 Plaintiff's Motion for Leave to Take Trial Depositions After the Deadline for Completion of Discovery. Signed by Magistrate Judge Angel D. Mitchell on 4/11/2019. (ks)
September 11, 2018 Opinion or Order Filing 184 MEMORANDUM AND ORDER granting 123 Motion to Strike. Defendants' first motion to admit pro hac vice attorney Lucero 122 is stricken, defendant's second motion having been separately granted by the court. Signed by District Judge J. Thomas Marten on 9/11/2018. (mam)
July 25, 2018 Opinion or Order Filing 167 MEMORANDUM AND ORDER denying 86 Motion for Partial Summary Judgment; denying 101 Cross Motion for Partial Summary Judgment; granting 109 Motion for Leave to File Second Amended Complaint; denying 120 Motion to Dismiss Counts VI, VI and VII in the First Amended Complaint; denying 125 Motion to Dismiss Counts VI and VIII in the First Amended Complaint. Signed by District Judge J. Thomas Marten on 7/25/2018. (mam)
April 5, 2018 Opinion or Order Filing 138 THIRD AMENDED SCHEDULING ORDER and ORDER granting 136 motion for extension of deadlines. Discovery deadline 9/14/2018. Dispositive motion deadline 10/15/2018. Proposed Pretrial Order due by 9/21/2018. Final Pretrial Conference set for 10/2/2 018 at 09:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Jury Trial set for 3/19/2019 at 09:00 AM in Wichita Courtroom 238 (JTM) before District Judge J. Thomas Marten. In Limine Conference set for 3/13/ 2019 at 02:30 PM by Telephone JTM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 4079202 before District Judge J. Thomas Marten. Signed by Magistrate Judge James P. O'Hara on 4/5/2018. (amh) Modified on 4/5/2018 to add the limine conference (aa).
February 27, 2018 Opinion or Order Filing 115 ORDER granting 114 Motion for Extension of Time to File. For good cause shown, it is ordered that Defendants Pacific National Capital Corporation, Charles A. Elfsten, and Mark M. Hasegawa be and hereby are granted an additional fourteen (14) day s' time, through March 16, 2018, to respond to 109 Plaintiff's Motion for Leave to File Second Amended Complaint. Additionally, for good cause shown it is ordered that Defendant Pacific National Capital Corporation be and hereby is grante d an additional fourteen (14) days' time, through March 16, 2018, to reply in support of its 101 Cross-Motion for Partial Summary Judgment and to reply in support of its Rule56(d) Motion to Defer Ruling on the Plaintiff's Motion for Parti al Summary Judgment. Signed by Magistrate Judge James P. O'Hara on 2/27/2018. Mailed to pro se parties, Waterfall Mountain USA LLC, Waterfall Mountain LLC,Waterfall International Holdings Limited, William J. Mournes, and Gordon W. Duval by regular mail. (ydm)
February 1, 2018 Opinion or Order Filing 107 ORDER granting 99 Motion for Leave to File Amended Answer. Movants shall file their amended answer by February 7, 2018. Signed by Magistrate Judge James P. O'Hara on 2/1/2018. Mailed to the defendant Waterfall entities and defendant William J Mournes by regular mail. (amh) Modified to mail to additional parties by regular mail per chambers on 2/1/2018 (ydm).
October 24, 2017 Opinion or Order Filing 79 ORDER denying 60 Motion to Quash; granting 78 Motion for Leave to File a Reply. Signed by Magistrate Judge James P. O'Hara on 10/24/2017. (amh)
October 6, 2017 Opinion or Order Filing 72 MEMORANDUM AND ORDER. The Amended Complaint (Dkt. 40, at 21-22) seeks damages of $187,600. In addition, both complaints request punitive damages, which typically may be rewarded on default judgment only after an evidentiary hearing. The court will schedule the hearing on plaintiff's damages by separate order. Signed by District Judge J. Thomas Marten on 10/6/2017. Mailed to pro se party William Mournes by regular mail.(sz)
September 28, 2017 Opinion or Order Filing 68 ORDER taking under advisement 60 Motion to Quash. See order for new deadlines. Signed by Magistrate Judge James P. O'Hara on 9/28/2017. Mailed to pro se parties by certified mail. (amh)
July 6, 2017 Opinion or Order Filing 39 ORDER granting 31 Motion for Leave to Amend Complaint and Order to Show Cause. Signed by Magistrate Judge James P. O'Hara on 7/6/2017. (srj)
February 27, 2017 Opinion or Order Filing 16 STIPULATED PROTECTIVE ORDER. The court finds good cause to enter the order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 2/27/2017. (amh)
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Plaintiff: Watchous Enterprises, L.L.C.
Represented By: Grant D. Klise
Represented By: James A. Walker
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Defendant: Pacific National Capital
Represented By: Charles J. Hyland
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Defendant: Waterfall Mountain USA LLC
Represented By: Charles J. Hyland
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Defendant: Waterfall Mountain LLC
Represented By: Charles J. Hyland
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Defendant: Waterfall International Holdings Limited
Represented By: Charles J. Hyland
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