Voggenthaler, et al., v. Maryland Square, LLC, et al.,
Plaintiff: William Montero, Barbara Montero, Clifford Rogers, Sharon Rogers, Hermann Rosner, Marcus Rothkranz, Daniel Soldini, Charles Walker, Verna Walker, Jack Yencheck, Ofelia Yencheck, Richard Malm, Roger Ellsworth, Jo Ann Ellsworth, Margaret Rudelich-Hoppe, Patricia Mahoney, Richard Falen, Peter Learned, Kristian Meier, Eliza Acosta, Mirha Elias, Aiko Berge, Peter J. Voggenthaler, Victor Becerra, Arthur Bodendorfer, Brenda C. Chaffin, Michael J. Solmi, Jason Cowles, Jane Gauthier, Honore Gauthier, Nikolas Konstantinou, Dragan Kurajica, Kenneth Lowther, James Luehmann, Jacqueline Luehmann and Ruth Mannheimer
Defendant: Maryland Square LLC, Maryland Square Shopping Center LLC, Herman Kishner, Irwin Kishner, Jerry Engel, Bank Of America, Clark County School District, Boulevard Mall, Boulevard Mall I LLC, Boulevard Mall II LLC, Construction Developers, Inc., Federated Western Department Stores, General Growth Properties, Melvin Shapiro, Shapiro Brothers Investment Company, Delia's Cleaners of Arizona, Inc. and CB Richard Ellis
Case Number: 2:2008cv01618
Filed: November 19, 2008
Court: US District Court for the District of Nevada
Office: Other Statutory Actions Office
County: Clark
Presiding Judge: George W Foley
Presiding Judge: Robert C. Jones
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:6901 Resource & Recovery Act

Available Case Documents

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

Date Filed Document Text
May 14, 2020 Opinion or Order Filing 1139 ORDER GRANTING ECF Nos. 1135 , 1136 Motions to remove from CM/ECF service list, Signed by Judge Robert C. Jones on 5/14/2020. (Copies have been distributed pursuant to the NEF - DRM)
January 9, 2020 Opinion or Order Filing 1134 ORDER granting ECF No. 1133 Motion to Remove Attorney Steven J. Parsons from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 1/9/2020. (Copies have been distributed pursuant to the NEF - KR)
August 6, 2018 Opinion or Order Filing 1119 ORDER granting ECF No. 1118 Motion to remove attorney Cindie D. Hernandez from the Electronic Service List in this case only on behalf of ThirdParty Defendant Bowe Permac, Inc. Signed by Magistrate Judge Cam Ferenbach on 8/6/2018.(Copies have been distributed pursuant to the NEF - LH)
November 18, 2016 Opinion or Order Filing 1107 ORDER OF RECUSAL. This action is referred to the Clerk for random reassignment to another magistrate judge. Signed by Magistrate Judge George Foley, Jr. on 11/18/2016. (Copies have been distributed pursuant to the NEF - KR)
November 9, 2015 Opinion or Order Filing 1098 ORDER. The Court, having considered the comments to the Proposed Plan for Cleanup of Groundwater: Maryland Square PCE Site ("Proposed Plan") prepared by Plaintiff, the Nevada Division of Environmental Protection, pursuant to the Permane nt Injunction 582 and the National Contingency Plan, and based upon the Stipulation and Order Regarding Proposed Plan 1082 , the Court hereby approves the Proposed Plan. Signed by Judge Robert C. Jones on 11/9/15. (Copies have been distributed pursuant to the NEF - PS)
March 25, 2015 Opinion or Order Filing 1083 ORDER Granting 1046 Motion to Approve Corrective Action Reort. Signed by Judge Robert C. Jones on 3/25/15. (Copies have been distributed pursuant to the NEF - MMM)
March 19, 2015 Opinion or Order Filing 1081 ORDER re 1047 Proposed Plan Pursuant to Permanent Injunction. Signed by Judge Robert C. Jones on 3/19/15. (Copies have been distributed pursuant to the NEF - TR)
November 6, 2014 Opinion or Order Filing 1068 ORDER granting 1067 Motion to File Documents Under Seal. Signed by Judge Robert C. Jones on 11/6/14. (Copies have been distributed pursuant to the NEF - TR)
July 28, 2014 Opinion or Order Filing 1048 ORDER granting 1038 Motion to Substitute Party. Premier Trust as Trustee for Defendant Herman Kishner Trust substituted for Bank of America (Trustee). Signed by Magistrate Judge George Foley, Jr on 7/28/2014. (Copies have been distributed pursuant to the NEF - DKJ)
July 2, 2014 Opinion or Order Filing 1037 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones, on 7/2/2014. Granting 1035 Motion for Telephonic Appearance at July 7, 2014 Status Conference. (Copies have been distributed pursuant to the NEF - SLR)
March 14, 2014 Opinion or Order Filing 1026 ORDER Granting 1016 Defendants' Motion to Substitute Party. Patricia Leibovici, solely in her capacity as Special Administrator for the Estate of Melvin Shapiro, is substituted in place of Melvin Shapiro. Signed by Magistrate Judge George Foley, Jr on 03/14/2014. (Copies have been distributed pursuant to the NEF - AC)
December 4, 2013 Opinion or Order Filing 1013 ORDER that 1010 Motion for Relief from Order and Judgment is GRANTED. The Court still REVERSES the judgment for indemnity against Melvin Shapiro but VACATES the judgment entered in favor of Melvin Shapiro entered in docket entry #1004.The Clerk of the Court is directed to VACATE the judgment entered in favor of Melvin Shapiro 1004 . Signed by Chief Judge Robert C. Jones on 12/4/13. (Copies have been distributed pursuant to the NEF - MMM).
September 16, 2013 Opinion or Order Filing 1003 ORDER that Maryland Square shall file a new motion for summary judgment addressing the bona fide purchaser exception within 20 days of this order. NDEP and Maryland Square may file a response and a reply in accordance with the Federal Rules of Civil Procedure and the Local Rules. FURTHER ORDERED that Maryland Square shall re-file its motion for reconsideration within 20 days of this order. The homeowners may file a response and Maryland Square may file a reply in accordance with the Federal Rules of Civil Procedure and the Local Rules. FURTHER ORDERED that the sua sponte entry of summary judgment and the permanent injunction entered under the Resource Conservation and Recovery Act ("RCRA") against SBIC is now VACATED . FURTHER ORDERED that the judgment for indemnity against Melvin Shapiro is REVERSED. The Clerk of the Court shall enter judgment in favor of Melvin Shapiro. Signed by Chief Judge Robert C. Jones on 9/16/13. (Copies have been distributed pursuant to the NEF - MMM)
March 7, 2013 Opinion or Order Filing 988 ORDER that 980 Motion for Correction to Judgment re 978 Judgment on Attorney Fees is DENIED at this time. FURTHER ORDERED that NDEP shall seek leave from the U.S. Court of Appeals for the Ninth Circuit for this Court to correct its May 17, 2012 order pursuant to Federal Rule of Civil Procedure 60(a). Signed by Chief Judge Robert C. Jones on 3/7/13. (Copies have been distributed pursuant to the NEF - MMM)
November 27, 2012 Opinion or Order Filing 978 JUDGMENT on Attorney Fees. NDEP is awarded attorneys' fees in the amount of $217,880.00, and $1,077.94 in travel costs and $425.04 in transcription costs. Signed by Clerk of Court, Lance S. Wilson on 11/27/12. (Copies have been distributed pursuant to the NEF - MMM)
November 26, 2012 Opinion or Order Filing 977 ORDER that 938 Motion for Attorney Fees and Costs is GRANTED IN PART AND DENIED IN PART as follows. NDEP is awarded attorneys' fees in the amount of $217,880.00, and $1,077.94 in travel costs and $425.04 in transcription costs. Signed by Chief Judge Robert C. Jones on 11/26/12. (Copies have been distributed pursuant to the NEF - MMM)
May 17, 2012 Opinion or Order Filing 937 ORDER Granting in part and Denying in part 833 Motion for Summary Judgment. FURTHER ORDERED that 863 Counter-Motion for Summary Judgment is DENIED. FURTHER ORDERED that 874 Motion to Strike is DENIED. FURTHER ORDERED that 923 Motion for Reconsideration is DENIED. Signed by Chief Judge Robert C. Jones on 5/17/12. (Copies have been distributed pursuant to the NEF - MMM)
March 14, 2012 Opinion or Order Filing 912 ORDERED that 768 Motion for Order to Show Cause Why Defendant Shapiro Brothers Investment Co. Should Not be Held in Contempt for Violating Permanent Injunction is WITHDRAWN. The parties are ordered to re-file the motion before the hearing schedule d on 4/19/12. FURTHER ORDERED that 860 Motion for Clarification and/or Correction of Oversight or Omission Pursuant to F.R.C.P. 60(a) is GRANTED. Signed by Chief Judge Robert C. Jones on 3/14/12. (Copies have been distributed pursuant to the NEF - MMM)
December 8, 2011 Opinion or Order Filing 850 ORDER Denying Without Prejudice 831 Notice of Change of Attorney. Signed by Magistrate Judge George Foley, Jr on 12/8/11. (Copies have been distributed pursuant to the NEF - ASB)
December 7, 2011 Opinion or Order Filing 832 ORDER Withdrawing 752 Motion for Order to Show Cause, Denying 794 Motion for Reconsideration of the Court's Order Granting Third-Party Defendant Sears' Motion to Dismiss, Denying 803 Motion for an Express Determination of No Just Rea son for Delay, and Continuing 768 Motion for Order to Show Cause Why Defendant Shapiro Brothers Investment Co. Should Not Be Held in Contempt for Violating Permanent Injunction until 1/20/2011. Signed by Chief Judge Robert C. Jones on 12/7/11. (Copies have been distributed pursuant to the NEF - ASB)
July 26, 2011 Opinion or Order Filing 791 ORDER Granting 470 Motion to Dismiss Sears Roebuck & Company without Leave to Amend, Denying 619 Motion for Sanctions, Denying 682 Motion for District Judge to Reconsider Order, and Denying 698 Motion to Vacate. Signed by Chief Judge Robert C. Jones on 7/26/11. (Copies have been distributed pursuant to the NEF - ASB)
July 14, 2011 Opinion or Order Filing 788 ORDER. IT IS ORDERED that the Court makes an express finding that there is no just reason for delay, pursuant to Rule 54(b), for the Shapiro Defendants to appeal this Courts October 20, 2010 (# 487 ) order. Signed by Chief Judge Robert C. Jones on 7/14/11. (Copies have been distributed pursuant to the NEF; CC: USCA - ASB)
February 28, 2011 Opinion or Order Filing 677 ORDER Granting in Part and Denying in Part 622 Motion for District Judge to Reconsider Order, Granting in Part and Denying in Part 633 Objection to Order Granting Motion to Compel, and Granting in Part and Denying in Part 665 Motion for More Definite Statement. Signed by Judge Robert C. Jones on 2/28/11. (Copies have been distributed pursuant to the NEF - ASB)
February 25, 2011 Opinion or Order Filing 671 AMENDED JUDGMENT on Attorney's Fees against Defendants Maryland Square Shopping Center, LLC, the Herman Kishner Trust d/b/a Maryland Square Shopping Center, Irwin Kishner, Jerry Engel, and Bank of America, as Trustees for The Herman Kishner Tru st, and Maryland Square LLC is entered in favor of the law firm of Robertson & Vick in the amount of $247,147.50 and the law firm of Greben & Associates in the amount of $130,890.00. Signed by Clerk of Court, Lance S. Wilson on 2/25/11. (Copies have been distributed pursuant to the NEF - ASB)
February 17, 2011 Opinion or Order Filing 662 ORDER Granting 629 Motion to Extend Trial Date and Related Trial Deadlines. Signed by Magistrate Judge George Foley, Jr on 2/17/2011. (Copies have been distributed pursuant to the NEF - ASB)
February 9, 2011 Opinion or Order Filing 653 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 2/9/2011. By Deputy Clerk: Julia Wright. Granting 650 , 651 , and 652 Motions for Leave to Appear Telephonically at the 2/15/2011 Hearing. (Copies have been distributed pursuant to the NEF - ASB)
February 8, 2011 Opinion or Order Filing 648 ORDER Granting 646 Motion for Leave to Appear Telephonically at the February 15, 2011 Hearing by the Kishner Defendants. Signed by Magistrate Judge George Foley, Jr on 2/8/11. (Copies have been distributed pursuant to the NEF - ASB)
February 4, 2011 Opinion or Order Filing 642 ORDER Granting 332 Hoyt's Motion to Dismiss, 472 Supplement to Motion to Dismiss, and 463 and 473 Bowe Permac, Inc.'s Joinders. Hoyt and Bowe are terminated as parties to this litigation. Signed by Judge Robert C. Jones on 2/4/11. (Copies have been distributed pursuant to the NEF - EDS)
February 1, 2011 Opinion or Order Filing 636 ORDER that Hoyt Corporation, Bowe Permac Inc, So Nev TBA Supply Co, Goodyear Tire & Rubber Company, and Sears' Motions 623 625 626 630 631 for exception from attendance at the 2/15/11 settlement conference are MOOT. Signed by Magistrate Judge George Foley, Jr on 2/1/11. (Copies have been distributed pursuant to the NEF - ECS)
January 13, 2011 Opinion or Order Filing 603 ORDER Granting 476 Motion to Compel Compliance with Subpoena. Signed by Magistrate Judge George Foley, Jr on 1/13/11. (Copies have been distributed pursuant to the NEF - ASB)
January 3, 2011 Opinion or Order Filing 600 ORDER Granting 503 Motion to Stay Execution of Judgment Pending Appeal. Signed by Judge Robert C. Jones on 1/3/11. (Copies have been distributed pursuant to the NEF; CC: USCA - ASB)
December 29, 2010 Opinion or Order Filing 597 JUDGMENT on Attorney Fees entered in the amount of $463,882.31 to Robertson & Vick and $139,097.83 to Greben & Associates. Signed by Clerk of Court, Lance S. Wilson on 12/29/10. (Copies have been distributed pursuant to the NEF - ASB)
December 27, 2010 Opinion or Order Filing 592 PERMANENT INJUNCTION Governing the Clean Up of Hazardous Substances at and Emanating from Maryland Square Shopping Center. Signed by Judge Robert C. Jones on 12/27/10. (Copies have been distributed pursuant to the NEF - ASB)
December 14, 2010 Opinion or Order Filing 588 ORDER Granting 586 MOTION for Leave to Appear Telephonically at December 20, 2010 Hearing, filed by Bowe Permac, Inc. Signed by Magistrate Judge George Foley, Jr. on 12/14/10. (Copies have been distributed pursuant to the NEF - MMM)
December 10, 2010 Opinion or Order Filing 584 ORDER Granting 578 Motion for Leave to Appear Telephonically by Attorney Jan A. Greben at the 12/20/10 Hearing before the Honorable George Foley, Jr.. Signed by Magistrate Judge George Foley, Jr. on 12/10/10. (Copies have been distributed pursuant to the NEF - MMM)
December 7, 2010 Opinion or Order Filing 574 ORDER. Granting 560 Motion for Leave to Appear Telephonically at the December 20, 2010 Hearing before the Honorable George Foley, Jr. Signed by Magistrate Judge George Foley, Jr. on 12/7/10. (Copies have been distributed pursuant to the NEF - MMM)
November 30, 2010 Opinion or Order Filing 553 ORDER Granting 530 & 532 Motions for Leave to Appear Telephonically at 11/29/2010 Hearing before Honorable George Foley, Jr. Signed by Magistrate Judge George Foley, Jr on 11/30/10. (Copies have been distributed pursuant to the NEF - ASB)
November 24, 2010 Opinion or Order Filing 543 JUDGMENT on Attorney Fees in favor of Plaintiffs and against Defendants in the amount of $224,932.64. Signed by Clerk of Court, Lance S. Wilson on 11/24/10. (Copies have been distributed pursuant to the NEF - ASB)
November 10, 2010 Opinion or Order Filing 519 ORDER Denying 514 Request that Presentation of Testimonial Evidence be Permitted at Hearing of Motion to Compel without prejudice. Signed by Magistrate Judge George Foley, Jr on 11/10/10. (Copies have been distributed pursuant to the NEF - ASB)
November 2, 2010 Opinion or Order Filing 499 ORDER Granting 494 Notice of Change of Attorney filed by Herman Kishner, Bank Of America, Jerry Engel, Irwin Kishner, Maryland Square Shopping Center LLC. Attorney William A. Levy and Albert G. Marquis terminated. Signed by Magistrate Judge George Foley, Jr on 11/2/2010. (Copies have been distributed pursuant to the NEF - DXS)
October 20, 2010 Opinion or Order Filing 490 ORDER Granting 483 Motion for Continuance and Extension of Time to Oppose Motion to Compel Compliance. (Responses due by 11/12/2010; and Motion Hearing set for 11/29/2010 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr..) Signed by Magistrate Judge George Foley, Jr on 10/20/2010. (Copies have been distributed pursuant to the NEF - DXS)
August 24, 2010 Opinion or Order Filing 429 ORDER Granting 420 MOTION to Appear Telephonically at Injunction filed by Melvin Shapiro. Signed by Judge Robert C. Jones on 8/24/10. (Copies have been distributed pursuant to the NEF - EDS)
August 5, 2010 Opinion or Order Filing 403 ORDER re 399 Notice of Change of Attorney. Attorney Candice Renka substituted in place of Attorney Thomas F. Vandenburg as attorney of record for Clark County School District. Signed by Magistrate Judge George Foley, Jr on 8/5/10. (Copies have been distributed pursuant to the NEF - EDS)
July 22, 2010 Opinion or Order Filing 391 ORDER that 249 Motion for Leave to File Third Party Complaint is GRANTED. 292 Motion for More Definite Statement is GRANTED. 310 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Equitable indemnity claim against Sears is DISMISSED. 335 Motion to Consolidate Cases with case 3:09-cv-00231 is GRANTED. Signed by Judge Robert C. Jones on 7/22/2010. (Copies have been distributed pursuant to the NEF - MJZ)
July 21, 2010 Opinion or Order Filing 388 ORDER Granting 385 Motion to Appear Telephonically for the August 2, 2010 Discovery Hearing by Third Party Defendant Hoyt Corporation. Signed by Magistrate Judge George Foley, Jr on 7/21/10. (Copies have been distributed pursuant to the NEF - ASB)
June 30, 2010 Opinion or Order Filing 378 ORDER granting Third Party Defendant Bowe Permac Inc's 363 Motion to Appear Telephonically for the 8/2/10 Discovery Hearing. See Order for details. Signed by Magistrate Judge George Foley, Jr on 6/30/10. (Copies have been distributed pursuant to the NEF - ECS)
April 14, 2010 Opinion or Order Filing 303 ORDER Granting 248 Motion to Extend Time. Denying Motion 270 to Bifurcate. Discovery due by 11/1/2010. Motions due by 11/3/2010. Proposed Joint Pretrial Order due by 12/3/2010. Calendar Call reset for 3/9/2011 08:30 AM before Judge Robert C . Jones. Trial reset for 3/15/2011 08:30 AM before Judge Robert C. Jones. Discovery Hearing set for 5/17/2010 10:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr. (Copies have been distributed pursuant to the NEF - AXM)
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Search for this case: Voggenthaler, et al., v. Maryland Square, LLC, et al.,
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Plaintiff: William Montero
Represented By: Jennifer L. Taylor
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Plaintiff: Barbara Montero
Represented By: Jennifer L. Taylor
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Plaintiff: Clifford Rogers
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Plaintiff: Sharon Rogers
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Plaintiff: Hermann Rosner
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Plaintiff: Marcus Rothkranz
Represented By: Jennifer L. Taylor
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Plaintiff: Daniel Soldini
Represented By: Jennifer L. Taylor
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Plaintiff: Charles Walker
Represented By: Jennifer L. Taylor
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Plaintiff: Verna Walker
Represented By: Jennifer L. Taylor
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Plaintiff: Jack Yencheck
Represented By: Jennifer L. Taylor
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Plaintiff: Ofelia Yencheck
Represented By: Jennifer L. Taylor
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Plaintiff: Richard Malm
Represented By: Jennifer L. Taylor
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Plaintiff: Roger Ellsworth
Represented By: Jennifer L. Taylor
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Plaintiff: Jo Ann Ellsworth
Represented By: Jennifer L. Taylor
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Plaintiff: Margaret Rudelich-Hoppe
Represented By: Jennifer L. Taylor
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Plaintiff: Patricia Mahoney
Represented By: Jennifer L. Taylor
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Plaintiff: Richard Falen
Represented By: Jennifer L. Taylor
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Plaintiff: Peter Learned
Represented By: Jennifer L. Taylor
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Plaintiff: Kristian Meier
Represented By: Jennifer L. Taylor
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Plaintiff: Eliza Acosta
Represented By: Jennifer L. Taylor
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Plaintiff: Mirha Elias
Represented By: Jennifer L. Taylor
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Plaintiff: Aiko Berge
Represented By: Jennifer L. Taylor
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Plaintiff: Peter J. Voggenthaler
Represented By: Jennifer L. Taylor
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Plaintiff: Victor Becerra
Represented By: Jennifer L. Taylor
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Plaintiff: Arthur Bodendorfer
Represented By: Jennifer L. Taylor
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Plaintiff: Brenda C. Chaffin
Represented By: Jennifer L. Taylor
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Plaintiff: Michael J. Solmi
Represented By: Jennifer L. Taylor
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Plaintiff: Jason Cowles
Represented By: Jennifer L. Taylor
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Plaintiff: Jane Gauthier
Represented By: Jennifer L. Taylor
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Plaintiff: Honore Gauthier
Represented By: Jennifer L. Taylor
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Plaintiff: Nikolas Konstantinou
Represented By: Jennifer L. Taylor
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Plaintiff: Dragan Kurajica
Represented By: Jennifer L. Taylor
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Plaintiff: Kenneth Lowther
Represented By: Jennifer L. Taylor
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Plaintiff: James Luehmann
Represented By: Jennifer L. Taylor
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Plaintiff: Jacqueline Luehmann
Represented By: Jennifer L. Taylor
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Plaintiff: Ruth Mannheimer
Represented By: Jennifer L. Taylor
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Defendant: Maryland Square LLC
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Defendant: Maryland Square Shopping Center LLC
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Defendant: Herman Kishner
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Defendant: Irwin Kishner
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Defendant: Jerry Engel
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Defendant: Bank Of America
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Defendant: Clark County School District
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Defendant: Boulevard Mall
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Defendant: Boulevard Mall I LLC
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Defendant: Boulevard Mall II LLC
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Defendant: Construction Developers, Inc.
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Defendant: Federated Western Department Stores
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Defendant: General Growth Properties
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Defendant: Melvin Shapiro
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Defendant: Shapiro Brothers Investment Company
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Defendant: Delia's Cleaners of Arizona, Inc.
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Defendant: CB Richard Ellis
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